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US. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

RECEIVED 

HEARING DOCKET 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

TRM ENTERPRISES, 

Respondent. 

FAA Docket No. CP10CE0005 

Chief Judge Yoder 

t o 

CD 

NOTICE OF SETTLEMENT/WITHDRAWAL OF COMPLAINT 

Pursuant to a settlement reached by the parties and to the provisions of 14 C-F.R. 

§13.215, the Federal Aviation Administration (FAA), by counsel, hereby withdraws its 

Complaint dated September 13, 2010- A copy of the agreed-upon Order resolving the underlying 

matter ha.s been attached for the Court's records. 

. ^ Respectfully submitted thi/i ^ day of HA^^ ^ , 2011 

CHRISTCf^HER R. SVEVENSON 

Attorney 

Office of the Regional Counsel 

Enclosure (Order Assessing Civil Pejialty) 
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CERTinCATE OF SERVICE 

I hereby certify that the foregoing Notice of SettkmentAVithdrawal of Complaint was sent; 

original and one copy via certified mail and Federal Rxpress to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

one copy via facsimile, certified mail, and Federal Express to: 

The Honorable Ronnie A, Yodcr 

Chief Administrative Law Judge 

Office of Hearings, M-20, Room El 2-320 

U.S. Department of Transportation 

1200 New Jersey Avenue, St" 

East Building Ground Floor 

Washington, DC 20590 

facsimile: (202) 366-7536 

one copy via certified mail and regular mail to: 

Mark Sizemore, Partner 

TRM Enterprises 

3201 Bristol Highway 

Johnson City, TN 37601-1565 

DONNA K. STANl-HY (J " 

Legal Assistant 

Office of the Regional Counsel 

APR 2 9 2011 

Dated 
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& 

U.S. Department Southem |^iV ^ ^-^^ tf»« a % ^•° - ^ ^ ^°^^ ^ 

of Transportation Office of the Rejpl^lfiWi^pe^ Sm I XiJCZ^fi'^ f Georgia 30320 

Federal Aviation i.^,>;^ TM ^^ju^ (404)305-5200 

Administration j-ii-. ^ *••*» « (404) 305-5223 FAX 

APfl2 9 2C,; -lEARING DOCKET 

CERTIFIED - RETURN RECEIPT REQUESTED 201OCE190009 

TRM Enterpri.ses, IXC 

3201 Bristol Hwy 

Johnson City, TN 3760M565 

ORDER ASSESSING CIVIL PENALTY 

On March 4, 2010, you were advised througli a Notice of Proposed Civil Penalty that the FAA 

proposed to a.ssess a civil penalty in the amount of $11,000. We have considered the information 

submitted in response to this Final Notice. 

After consideration of all of the available information in this matter, including the information 

submitted at the informal conference on April 14, 2010, it has been determined that: 

1. At all times material herein TRM: 

a. Was not a direct air carrier; 

b. Did not hold a certificate issued under Part 121 or 135 of the Federal 

Aviation Regulation.^;; and 

c. Did not have operations specitlcations for conducting commercial aircraft 

operation for compensation or hire. 

2. On December 8, 2009, TRM operated civil aircraft N6315X on a (liglit from 

.Tohn.son City, Tennessee (KTRl) to Nashville, Teimcsscc (KBNA). 

3. The flight was a commercial passenger operation for compensation or hire. 

4. a. rhe flight was subject to Part 119 of the Federal Aviation Regulations. 

b. TRM was not authorized by the Federal Aviation Administration to 

conduct the llight. 

5. As a result, I'RM violated the following sections of the Federal Aviation 

Regulations: 
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a. Section 119.5(g) in that no person may operate as a direct air carrier or as a commercial 

operator without, or in violation of, an appropriate certificate and appropriate operations 

specifications. 

b. Section 119.23(b) in that each person who conducts noncommon ciuriage (except as 

provided in Sec. 91,501(b) of this chapter) or private carriage operations for compensation or 

hire with airplanes having a passcngcr-scai configuration of less than 20 seats, excluding each 

crewmember seat, and a payload capacity of less than 6,000 pounds shall — (1) Comply with the 

certification and operations specifications requirements in subpart C of this part; (2) Conduct 

those operations in accordance with the requirements of part 135 of this chapter, except for those 

requirements applicable only to commuter operations; and (3) Be issued operations specifications 

in accordance with those requirements. 

6. As a further result, you violated section 44711(a)(4) of Title 49 of the United 

States Code in that a person may not operate as an air carrier without an air carrier operating 

certificate. 

NOW, THEREFORJG, IT IS ORDERED, pursuant lo 49 U.S.C. Sections 4630l(a)-(d), that you 

be and hereby are assessed a civil penalty in the amount of $4,400. 

Wc hereby acknowledge receipt of your check in the amount of S4,400 which we accept in fiill 

settlement of this matter. You may consider the matter closed. 

EDDIE L. THOMAS 

REGIONAL COUNSEL 

By: 

CHRJSIOPHER R. S 

Attorney 

Office of the Regional Counsel 

nedby 
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CERTIFICATE OF SERVICE 

I hereby cenify that the foregoing Order Assessing Civil Penalty has been mailed by Certified 

Mail to: 

TRM Enterprises, LLC 

3201 Bristol Hwy 

Johnson City, TN 37601-1565 

M 

DONNA E. STANLEY 

Legal Assistant 

Office of the Regional Counsel 

APR 2 9 20n 

Dated 

cc: BNA-FSDO-19, AMZ-350-SO 

ASO-7:DES:04/29/11 

F:\Admin\ORDERS\CLOSED\Clsd2010\2010CE190009.doc