05/25/2011 13 30 FAX 2024335142 FAA ^ DMS 21001/026 

O 

U.S. Department 

of Transportation 

Eastern Region 

Federal Aviation 

Administration 

MAY 1 6 2011 

Via First Class Mail and Telefax 202-366-7536 

The Honorable Ronnie A. Yoder, 

Chief Administrative Law Judge 

U.S. Department of Transponation 

Office ofHearings, M-20, Room E12-320 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

c^i\ til 

MAY^ 25^ 

MEAR5WG r' r.-/r .?^.^' . 

1 Aviation Plaza 

Jamaica, New York 114;34 

(781)553-3258 

1.J 

-,!• . j ; -

Re: In the Matter of Diamond Air Charier, FAA Docket 

No. CP10EA0004, FDMS No. FAA-2010-0620 

Dear Judge Yoder; 

As per the Notice of Prehearing Conference, enclosed herein are copies of documents in 

the Enforcement Investigative File that were previously provided to Respondent. 

Sincerely, 

ALFRED R. JOHNSON 

REGIONAL COUNSEL 

By: 

Zachary 

Attorney 

CO: (via first class mail and telefax): Gregory S. Winton, Respondent's Counsel, One 

Research Court. Suite 450, Rockville, MD 20850, Telefax [ 301) 294-2525. 

CC: (via first class mail): Federal Aviation Administration, 800 Independence Avenue, 

S.W., Washington,, D.C 20591, Attn; Hearing Docket Clerk, AGC-430, Wilbur Wright 

Building-Suite 2W10000 
05/25/2011 13:30 FAX 2024935142 FAA + DMS 0002/026 

Ri: 0 2150-1 

ENFORCEMENT INVESTIGATIVE RfiPOFT 

(R«ad Order 2150.3 for inetruccions) 

Report Number Related Kuinber 

2010EA110008 

ALLEGED VIOLATOR IDENTIPICATrON 

1. cJame 

Designator D9CA 

DIAMOND AIR CHARTER INC 

Z. Address (Include zip code) 

JOHN AGENT FOR SERVICE 

65 TOWER ROAD 

WESTCHESTER COUNTY AIRPORT 

WHITE PLAINS NY 10604 

TELEPHONE NUMBER (914) 751-7336 I 3, DATE OF BTHTH / / I 4. SEX 

S. FAA care. » I 6, FAA Cercificate Type \ LARGE BUSINESS COMCEEN 

D9CA276H I AIR CARRIER ON DEMAND - ll 

D^ 

rs;. 

7. Aviation Employer DIAMOND AIR CHARTER INC 

AIRCRAFT, ENGINE, PROPELLER, COMPONENT OR APPLIANCE INVOLVED 

8. MAKE CESSNA 9. MODEL S60CESSNA 10. ICENT- NUMBER 365EA 

ACFT SN 0107 

11. Owner Name N3 65EA LLC 

12. Address (Include zip code) 

49 MIRY BROOK RD 

DANBURY 

ALLEGED VIOLATION 

CT osaia-74D8 

13, Dace Occurred 1 14- Time | 15. Date Known to FAA | 16. Region of Discov 

2009/10/29 I : | 2009/10/29 | EA 

17, Location Sec Cat 

Airport ID 

19. Regulations Believed Violated 

119.SK 
05/25/2011 13:30 FAX 2024335142 FAA + DMS @)003/026 

n '0 2150-1 

ENFORCEMENT INVESTIGATIVE REPORT 

(Read Order 2150-3 for inscruccionsl 

Report Number 

2010£AllQ00a 

Reliite d N\isiber 

18. PequlaCion s Belitva d Violate d (Continued) 

Remarks: 

RELATED DATA 

19. Type | 20. Sub Type ] 21. Category ] 22. Source 1 23. Accident Assoc 

05 I 03 I 01 I 99 I 00 

24. Security Program 

INVESTIGATING FIELD OFFICE RECOMMENDATION 

25. Type Action 

CIVIL PENALTY 

26. Sanction 

DOLLARS 

Reporting Inspector ^TVped name) HI3IAHO, LOUIS CASID 

27. Date | 28. Investigating | C^ie^ (Typed n^ e And, 

bNALD E. HUGHES. MANAGER 
05/25/2011 13:31 FAX 2024935142 FAA + DMS @]004/02G 

KtS, 0 2150- 1 :5 

ENFORCEMENT INVESTIGATIVE REPORT 

(Read Order 2150.3 ^or InstriJCCions) 

Report Number Related Number 

2010Ey^ll0008 

REGIONAL DIVISION REVIEW 

29. Pegulations Believed violated 1 30. Recommended Type Action 

/ / £ S^^) 

Renarks; 

32. Date ^ O^^J^^ o 

^ / ^y z y ^ ''I-' ^ i ""• y 

31. Recoitmended Sanction 

- ^ / /. / j /^O . ^ d 

I 33 . Region ^""x^ 

Typed Name/Title/Signature 

of Approving Official 

FAA Form 2150-5A (4-90J 

Superoedea FAA Forms 1650-5, 5200-6, S030-1 and 8030-2 

( J <:J^^AJ 

FOR OFFICIAL USB ONLY 
05/25/2011 13:31 FAX 2024935142 FAA + DMS @|005/02e 

SECTION B 

Statement of Case 

On Ociobcr 29, 2009 while searching for information on Diamond Air chaner, F dLscovered the 

Diamond Air Charter web sight. The sight had a tab for reviewing the type of aircraft they 

operated. When I reviewed the fleet list I discovered diat the web sight had listed a Citation CE560 aircraft N365EA (lOP 1). The operations specifications for Diamond Air did not hst a 

Citation 560 (lOP 3). This office had received a request to add this aircrafi in May, 2009 and was 

currently working with Diamond Air charter to add this aircraft to the operations specifications. 

Further review discovered that other services were listing this aircraft. (See lOP 4 thru lOP 8). 

Federal Aviation Reflations Violated; 

119,5(k) - No person may advertise or otherwise offer to perform an operation subject to this part 

unless that person is authorized by the Federal Aviation Administration to conduct 

that operarion. 
05/25/201 1 13:3 1 FAX 2024935142 FAA + DM5 @iOOG/02G 

1. 

2. 

3. 

4. 

6. 

7. 

SECTION B 

//. Factors Affecting Sanction 

Nature of the violation 

a. 

b. 

c. 

Was it operational or non-operational? 

This was an operational violation because this aircraft was being offered to 

perform an operation the air carrier was not authorized to do. 

How was safety affected? 

This aircraft and crew might not have been compliant with all required parts 

o1 tlie FAR § 135 regulations to operate this aircraft and offer it to the public 

Was it careless or reckless? 

This act was both, careless and reckless 

Was it inadvertent and not dellberatep or deliberate? 

This office believes it was deliberate because of the articles list the cost per hour and 

a link that had a picture documenting the exact aircraft with registration number 

(IOP4-IOP5) 

Certificate holder level of experience? 

Diamond Air charter has several aircraft on his certificate and has been in operation 

as an Air Carrier since September, 1996 and has added several aircraft to its fleet. 

Attitude of violator 

Diamond Air Charter has had a very co-operative attitude initially. Diamond Air has 

removed the aircraft from the web sight after a meeting was held with Mr. John 

Diamond explaining LOI on January 13,2010 (lOP 9) record of telecon 

Degree of hazard? 

There are no increased degree of hazard.. 

Action taken by the employer or other authority? 

Diamond Air removed the aircraft from the web sight. Currently several magazines 

still have articles as printed. 

The use of the certificate? 

Diamond Air Charters is a certificated Air Carrier under Part 135 of the Federal 

Aviatksn Regulation. 

8. Violation history? 
05/25/2011 13.31 FAX 2024335142 FAA ^ DMS 13007/023 

j . Violation history? 

2006EA1100U Status CLOSED Violation Date 11'Apr-2006 Date Known FAA 11'Apr-2006 

Regulations 119.69A2 CHIEF PILOT. CERT HLDR MUST HAVE QUALIFIED PERSONNEL SRVNG IN 

THE POSITION OR EQUIVALENT POSITIONS. 

119.71 D TO SERVE AS CHIEF PILOT FOR A CERT HOLDER TVIAT ONLY CONDUCTS 

OPERATIONS FOR WHICH THE PIC IS RQD TO HOLD A COMM PILOT CE 

20Q6EA110016 Status CLOSED Violation Date 21-Jul-2005 Date Known FAA 12-Apr-2006 

Regulations 039.3 NO PERSON MAY OPERATE A PRODUCT TO WHICH AN AD APPLIES EXCEPT 

lAW REQTS OF THAT AD. 

039.7 

2007EA110014 Status CLOSED Violation Date 6-Feb-2007 Date Known FAA 20-Mar-2007 

091.13A NO PERSON MAY OPERATE AN AIRCRAFT IN A CARELESS OR RECKLESS 

MANNER SO AS TO ENDANGER THE LIFE OR PROPERTY OF ANOTHER, 

135.293 INITIAL AND RECURRENT PILOT TESTING REQUIREMENTS 

135.293A PILOT MUST HAVE PASSED WRITTEN OR ORAL TEST ON SPECIFIED 

AREAS WITHIN PRECEDING 12 MONTHS. 

135.293B PILOT MUST HAVE PASSED COMPETENCY CHECK WITHIN PRECEDING 12 

MONTHS. 

135.299 PILOT IN COMMAND - LINE CHECKS - ROUTES AND AIRPORTS 

135-299A PILOT MUST HAVE PASSED FLIGHT CHECKS IN ONE TYPE AIRCRAFT 

WITHIN PREVIOUS 12 MONTHS. 

200aSO9502S6 Status CLOSED Violation Date 3-Mar-2007 Date Known FAA 4-Aug-200a 

Regulations 121 APPJ ALCOHOL MISUSE PREVENTION PROGRAM REGULATIONS. 

135.251 A EACH CERTIF HOLDER OR OP SHALL TEST EACH OF ITS EMPLOYEES 

WHO PERFORMS A FUNCTION LISTED IN APPENDIX I TO PART 121. 

Regulations 

Decisional law? 

This is a Regional Function. 

9. Ability to absorb the sanction? 

Able to absorb the sanction 

10. Consistency of the sanction? 

This is a Regional Function. 

1 1. Weather the violation was reported voluntarily? 

This was not a voluntary disclosure. 

12. Corrective action to that voluntary disclosure? 

This element is non-applicable. 

13. Reliability of the evidence. 

Excellent, has been discovered by the Federal Aviation Administration 

14. Conflicting evidence. 

NONE 
05/25/2011 13:31 FAX 2024935142 FAA + DMS 01009/026 

15. Response of LOI. 

Diamond Air responded to this LOI with a letter from a law firm stating that all 

correspondence to go thru the assigned lawyers (IOP7). But the response never 

addressed the violation, or gave any information in regards to the LOI. 

16. Any other mitigating, extenuating, or aggravating lactors. 

The articles were very specific stating type and specific aircraft with pictures and cost 

per hour for services similar to other aircraft that were listed in the article that were 

actually approved by the Administrator and the fact that the web sight listed another 

aircraft stating "soon a new very tight jer but no other infonnation or pictures 

supplied, demonstrates that they understand the reguJations 

17. Opinions 

This office believes that the certification process was taking longer then the operator 

had expected and started to advertise this aircraft prior to certification process was 

completed in order to expedite operations with this aircraft. 

18. Cost of doing business. 

This element is non-applicable, 

19. Conclusion. 

In conclusion, that based on the evidence presented alDCve, 1 feel these articles were 

put in intentionally. The articles were initiated in several different sources. And the 

fact that even though Diamond Air actually has two new aircraft that were planned to 

be submitted to the Federal Aviation Administration for certification and the aircraft 

that was listed with price per hour, a picture, registration number and the aircraft was 

in the certification process at the time the articles were released shows that they 

intended to advertise this aircraft. 
05/25/2011 13 32 FAX 2024935142 FAA ^ DMS [2009/026 

SECTION C 

Items of Proof 

1. Diamond Air charter web sight showing aircraft listed 

2. Letter of Investigation file number 201 OEAl 10008 

3. Operation Specifications D085-1 dated 10/26/2009 

4. A second vieb source listing Diamond air with a CE-560 aircraft and link to 

picture 

5. Picture of aircraft from link on web see (lOP 4) 

6. A copy of the a page from the Diamond Air web sight stating that they operate 

jets 

7. A copy of another web source searching for Citation with a link 

8. Picture of the aircraft from another web sight. 

9. Record of Telecon for visit a HPN with Mr. John Diamond 

10. Response letter date 1/4/201frQm Aviation Law experts to LOI 
05/25/201 1 13:3 2 FAX 2024335142 FAA * DMS iaOIO/02 6 

12/16/2009 7:59:17 AM 

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Operator Details 

Established: 1996 • Fleet: 6 • Pilots: 7 full time, 10 part 

time 

Certificate: D9CA276H(Liceiised to fly US,CN.CB,MX) 

http://www.flydiamond.com 

DIAMOND AIR CHARTER. INC. 

Contact Information Qualifications 

DIAMOND AIR CHARTER, INC. 

85 TOWER RD. 

HANGARE 

WHITE PLAINS, NY United States 10604 

Tel: 914-761-7336, 203-730-9955 • Fax: 203-730-9966 

Email: info@flydiamond com 

Company Profile 

Diamond Air Charters Inc. is a HPN based Executive Chaner company with offices and a FBO in DXR. We offer a 

full range of aircraft such as piston Navajo's, TBM 700, King Air, Citation V and soon the new very light jet Phenom 

100. We specialize in aircraft management and acquisition/sales. We strive for the highest safety standards and 

customer satisfaction. 

Fleet 

KHPN - White Plains, NY US 

Qty. Type (Common Name) Category SeatsPrice Range (Per Hour) 

n CE-560 (CITATION V) Light Jet 8$ 2545 avg. Price Quote 

LBE-IOO (KING AIR) TurboProp 8$ 1150 Price Quote 

4$ 795 Price Quote 

6$ 495 Price Quote 

4$ 427 avg. Price Quote 

a TBM-700 TurboProp 

a_PA-31-350 (CHIEFrAlN)Piston-Multi 

Hel PA-34 (SENECA) Piston-MuUi 

Back to Operator Listings 

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DIAMOND AIR CHARTER, INC. 

^Diejitl 

Page 1 of 2 
05/25/2011 13:32 FAX 2024935142 FAA ^ DMS 0011/02 6 

O 

U S OeDartmenr Farmingdale Right Standards District Office 

,1 „ ._^ 7150 Republic Airport 

ol Transportonon ^^^.^ ^^^^^^^ ^^^^ ^ ^ 

F«d«rar Aviation Farmingdale, NY 11735 

AdmlnlstroHon Tel. (631) 755-1300 Ert. 237 

Fax: [631) 634-5513 

DEC 1 6 2009 

CERTIFJED MAIL - RETURN RECEIPT REQUESTED 

File No. 2010EA110008 

Mr. John Diamond, Director of Operations 

Diamond Air Charter 

Westchester County Airport 

85 Tower Road, Hanger E 

White Plains, NY 10604 

Dear Mr. Diamond; 

Information obtained by this office has shown that you are offering to perform Part 135 

operations with aircraft that are not authorized. Operations ol this type may be contrary to 

Federal Aviation Regulations (FAR). 

This letter is to inform you that this matter is under investigation by the Federal Aviation 

Administration (FAA). We would appreciate receiving any evidence or statements you might 

care to make regarding this matter within 10 days of receipt of this letter. Any discussion or 

written statements furnished t>y you wili be given consideration in our investigation. If we do not 

hear from you within the specified time, our report will be processed without the benefit of your 

statement. 

Sincerely, 

Original Signed 3y 

Louis Misiano 

Aviation Safety Inspector 

Enclosure: Privacy Act Notice 

N:\letter\LXM - LOI Diamond Air Advertising 
05/25/2011 13:32 FAX 2024935142 FAA + DMS I2I012/02G 

CZKZE.7.\^ AYEAT23 20100125 100747 

7aQ7 Q710 0003 =1307 2MH0 

^ 1 % I 

i i 

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a.3 a. 

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ml 

SENDER: COIMPLLTE THISI SECTIO N 

• Compietoltama1,2, and a. Alao c£)n)p)atft 

Kern 4 If RMtiict«d Dalivtfy la daslrad. 

• Print your nam* and addrau on th * twmns 

30 that we can rvtum tha caid to you. 

• Attach this cafd to the boeik of ttie mat)pl«ce. 

or on tha from ff space pannlta 

rO'Jr^ETi- O.'J LlLLf'^rR / 

B. RacBhradbyfm/iiB^A/amoJ 

Q AQ«m 

QAdcMa e 

C. Date of DsHvofy 

D. ladeiveryad(*B9adiffereniADmR«ml7 G Yea 

tt veS, arT«r ddh«ry addren bslow: • No 

U RogWered ^^RatumRecalptfcrMerchwidlAa 

n Irouvd Util 00.0.0 . 

4- Re9aicudDdlvary7(&rirBntt) a>lBa 

2. ArttclvNimtHr 7007 D71Q 0003 =1307 2440 

PS Form 3811 , February 2004 DcfnMtto n«(kiffl Rflmpt -tccsas-ozM-t^^ 
05/25/2011 13:33 FAX 2024935142 FAA + DMS @I013/02G 

U.S. Dapartmeni 

of Transportation 

Federal Aviation 

Administration Opcraiions Specificiiiions 

D085 , Aircraft Listing HQCuntroh 02/06/1998 

HQ Revision: 02a 

a. The ccriificaie holder is authorized to conduct operations under 14 CFR Part 135 using the aircraft 

idenLlfied on this opcrutions specificatiuo. 

Reglitrativii No. 

N6WSS 

N2lAfl 

N27726 

2930Y 

N70BPW 

Serial No. 

BE-63 

31-8052123 

31-7852125 

34-7450099 

29 

AirtraHM/M/S 

BE-100-100 

PA-31-350 

PA-31-350 

PA-34-200 

TBM-700-700 

} 

Print Date: 10/26/2009 D085-1 

Diamond Air Charter, Inc. 

Certificate No.: D9CA276H 
05/25/2011 13:33 FAX 2024935142 FAA + QMS 12014/026 

10/29/2009 2:13:34 PM 

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To request a quote on chancrcd aircraft* enter your flight information, contact information, and 

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2009 _-J |Oci _:J|3a J 

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RFQOperator 

DIAMOND AIR 

Catecorv : All 3 0 = C[•urrent u y Cynwersi " 

R CHA.RTERJNC. 

Type (Common 

Name) 

^ CE-560 

•^^ITATIONV ) 

(."[ .1 . II K !1 

lu >^ \i. n I 

Fly Priv.ite 

For the cost of 

First cUs5 

^ ^ .i. MCfijrtor Pool 

CategorySeatsPrice Range (Per Hour) 

Light Jet 8 S 2541 avg. O 

Send RFQ | 

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> 

Request Air Chaner Quote for CE-5... • Pagel of 2 
05/25/2011 13:33 FAX 2024935142 FAA + DMS e)015/02S 

10/29/2009 2:13:06 PM 

DIAMOND AIR CHARTER, INC, 

1991 CE-560 (CITATION V) - 8 seats 

Tail NuiTibcr 

" N?b5EA 

Image 1 pf I 

Aircraft Photos Page 1 of 1 
05/25/2011 13:33 FAX 2024935142 FAA + DMS I2I01G/02G 

10/29/2009 2:09:52 PM 

Diamond Air Charter 

y ) Email This 

View Aircraft For Charter 

Send A Message to Diamond Air Charter 

Chartering your own aircraR from Diamond Air Charter 

• puts you in complete control of your journey! Any 

•Ptjj f ^ JD ^ time...Anywhere - we handle each minute detail of 

J // f Z-^4S^O/7£7-CO m your trip so that your entire flying experience is 

" 1— ^—"'^ ^ absolutely hassle free! Our In depth industry 

knowledge gives our customers the Insider's advantage in chartering a priv^Mrcraft for business 

or pleasure. At Diamond Air Charter our customers are guaranteed th^^^^Bpomfort , and 

pleasure that they deserve. 

artering a pri^Mr c 

.meed thf^^^^^ c 

Our aircraft network consists of a diverse fleet of jet, lurtj^prop5D,, ar^ ndd tvflnenqin tWfR enginee e quipment. 

Customers are matched to a particular aircraft based on their unique needs and travel profiles. 

Diamond Air Charter's goal is to maximize comfort, while minimizing travel time and overall cost 

factors. Efficiency and value are important considerations when planning any trip. 

Diamond Air Charter can utilize small, executive class airports that offer easy access to the 

customer's home base and final destination. Private airports typically offer their patrons "free 

parking" just steps away from their door. Private car service and rental cars are easily arranged, in 

advance, by our staff. Additionally, flights can be custom catered to accommodate the most 

discriminating preferences! 

Diamond Air Charter, a private aviation company, is FAA licensed , Bahamian permitted, and U.S. 

insured. Our aircraft and flight crews meet the highest FAA standards for safety and 

professionalism. 

OUR PROMISE. 

As an experienced jet charter company, we know that price and flexibility are very important to our 

clients. As a charter company, we also recognize that NOTHING is more important than safety 

and security. To that end, we have secured systems and developed relationships that allow us to 

provide information and services to our client^ that assure them that, when using our air charter 

services, they are flying sate and secure whenever they work with Diamond Air Charter. 

Products & Services 

We work with the following categories of aircraft: 

• Jet Aircraft " Turboprop 

Aircraft 

• Piston Twin 

Aircraft 

We work with the following categories of facilites: 

• Brokering • Charter • Management • Sales 

• Line Services 

We provide the following services: 

• Conference 

Rooms 

• Restaurant 

Flight Planning • Pilots Lounge • Tie Downs 

Contact Information 

Diamond Air Charter 

35 Tower Road 

Hangar E 

Certiticate #: D9CA276H 

Phone: (203)730-9955 

Diamond Air Charier Page 1 of 2 
05/25/201 1 13:3 3 FAX 2024935142 FAA + DMS lgj017/026 

10/30/2C09 , CESSNA CITATION V Jet Aircraft For Q 

Gsner^l Information 

caU for details and availability 

Say you saw this CESSNA CITATION V On CharterHub.coml 

Send Diamond Air Chartar A Me»aqe 

Contact: 

Diamond Air Charter 

Anthony Debany 

Aircraft rs located in: 

White Plains, New York 

Phone: (203)730-9955 

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charterhub.com/llstlngsdetall/detaJl.asp- 2/2 
05/25/2011 13:34 FAX 2024935142 FAA + DMS 

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05/25/2011 13 34 FAX 2024935142 FAA + DMS @i019/02e 

RECORD OF K I ^'SIT • CONFERENCE Ofi • TELEPHONE CALL 

TIME 

2:00 PM 01/13/2010 

NAME (&) OF PERSON (S) COhTTACTEC OH IH CONFERENCE AND LOCATIOh4 

John Diamond - Director of Operations Diamond Air chaner 

aoimta 

SYMBOL INiTM^ 

Louis Misiano Principal maintenance Inspector 

Nicholas Tsokris • principal Operations inspector 

Joseph jtachicle - Aviation Avionics Inspector FRG FSDO 

SUBJfCT 

Diamond Air Charter EIR # 20I0EA110008 

DtQEST 

A meeting was held with Mr. John Diajnond to sign new Operaiiom specifications that added a new aircraft ro 

their operation. Prior to conclusion of this meeting a discussion was held between me and Mr. Diamond with all 

parties still present about the LOI that I had sent Diamond Air. It was explained to Mr. Diamond that I had 

discovered on the web that Diamond Air Charter was advertising an aircraft that prior to this date was not 

available to be offered to the public. Mr. Diamond then showed me a stack of approximately 4. to 5 magazines 

and he opened one of these magazines and explained he found the articles in these magazines and did not know 

how the magazines received this information. I explained to Mr. Diamond that if he sent me a letter explaining 

the situation on how the magazines received such information and that I would consider the Information received 

and depending on the explanation given and if warranted, I would consider a letter of waming. I explained tJiat 1 

have checked their web site currently and the web sights have been corrected as of January removing reference to 

the aircraft in question. ^ ^ 

Follow up to this record of telcon as of January 22, 20101 have not received any further communications between 

Diamond Air charter and the Farmingdale FSDO referencing this discussion 

CONCLUSION. ACTION TAKEN. OR RECLXRCD 

This office feels enough time has elapsed with no fiirther communication from Diamond Air charter this EIR is 

being sent to the legal office at the Eastern Region. 

Witness: Nicholas Tsokris .^^^^^ Date: ^/'--^ ^-/o> • - 7 

DATE 

01/22/2010 

TlTtE 

Aviation Safety Inspector 

SIGNATURE 

^ Louis Misiano 

FAA Form 1360-33 t4-7S) Formerly FAA Form 1522 AfS ElMir«rd£ Form Syaicm • v3,Z 
05/25/2011 13:34 FAX 2024935142 FAA + DMS 0020/026 

72) /^£7^J^ o 'V 
05/25/2011 13:34 FAX 2024935142 FAA + DMS 21021/026 

CHARTER <a> 11 

Contpfimentary Issue 

Dvcambar 25, 2009 • Vohjiiw 5 * Numfaw-13 

€hartarHub,coiii 
05/25/2011 13:35 FAX 2024935142 FAA ^ DMS 022/026 

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• Limousine Service Available 

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a i r 10(11/^ 

I 

Reservations; 

808-636-8080 (Hawaii) 

1-868-999*9015 

(U.S.&Canada) 

www.lflytnterisland.com 

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HAWAirS LARGEST AIR CHARTER 

OPERATOR SINCE 1902 

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FiecuHve 

Air Charter iind 

Aircraft Management I • 

JRJ4 2 ^ 2010 

• '-• ; 1 

January 20» 2010 

Via Facsimile (631) 694-5516 

and Regular Mail 

Inspector Louis Misiaao 

Feder^ Aviation Administraiion. 

Flight Standards District Office 

7150 Republic Airport, Route 110 

Farmingdale, New York 11735 

Re: File #2010EA110008 

Dear Inspector Misiano: 

This will serve as a follow-up to our conversations regarding the above file number. 

Accordingly, this letter is written in response to your request for further explanation of 

the circumstances siurounding advertisements recently placed by Diamond Air Chaner 

concerning a Cessna Citation aircraft, registration number N365EA. Please be advised 

that the advertisements in question were intended to be released to the public only when 

the aircraft was formally authorized for charter service on the Diamond Air Charter 

certificate. 

As you are aware, 14 C.F.R. §119.5, entitled Certifications, authorizations, and 

prohibitions, states the following, in part, regarding advertising or otherwise offering to 

perform an operation subject to Part 119: 

(k) No person may advertise or otherwise offer to perform an operation subject to 

this part unless that person is authorized by the Federal Aviation Administration 

to conduct that operation. 

(I) No person may operate an aircraft under this part, part 121 of this chapter, or 

part 135 of this chapter in violation of an air carrier operating certificate, 

operating certificate, or appropriate operations specifications issued under this 

part. 

Westclic-iTLT ('omiL) Airport 

A^ Tovvur Ro'jd, H:iii)>ei' H 

Wliiic Pkiiits, N.Y, 10604 
05/25/201 1 13:36 FAX 2024935142 FAA + DMS 0025/026 

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/INC. 

Executive 

Air Chdrtcr ^nd 

Aircx-,ift Managemen t 

Inspector Louis Misiano 

January 27, 2010 

Page 2 

Since the aircraft was scheduled to conduct proving or validation tests in December 2009 

(pursuant to 14 C.F.R. §135.145), Diamond Air Charter had prepared advertising 

materials in anticipation of announcing the addition of Cessna Citation charter services to 

the company. Once the aircraft had been approved for charter operations by the FAA, the 

advertisements were to be submitted for publication. Nevertheless, under no 

circumstances did Diamond Air Charter intend to advertise or otherwise offer to perform 

an operation subject to Federal Aviation Regulations (FARS) Part 119 or Part 135, unless 

the aircraft was authorized by the Federal Aviation Administration (FAA) to conduct 

3uch operations. Furthermore, Diamond Air Charter never operated the Cessna Citation, 

N365EA, under Part 135 in violation of its operating certificate or operations 

specifications. 

When the aircraft was initially scheduled for proving tests in December 2009, the 

proposed advertisements were submitted to Anthony Debany, Advertising Agent for 

Diamond Air Charter, with explicit instructions to hold the ads until further word from 

the company concenung the status of FAA approval for the Cessna Citation in Part 135 

charter services. However, the apparent conitision occurred when the Advertising Agent 

took it upon himself to submit the ads for publication prior to and without ^proval from 

the Director of Operations for Diamond Air Charter. Upon further investigation, it was 

discovered that advertisements for the Cessna Citation were combined with similar ads 

that were already listing the Citation as ''coming soon", and as a result were inadvertently 

released for publication without my knowledge or consent. All advertisements were 

pulled and stopped upon the receipt of your correspondence. Moreover, the Advertising 

Agent was appropriately counseled and reprimanded 

Nevertheless, as the Director of Operations for Diamond Air Charter, I have ultimate 

Operational Control authority of the air carrier. As a rcstilt, at no time did Diamond Air 

Charter offer to perform an operation subject to FAR Part 119orPart 135, unless the 

aircraft was authorized by the FAA to conduct such operations. Furthermore, Diamond 

Air Charter never operated Citation N365EA imder Part 135 in violation of its operating 

certificate or operations specifications. 

I trust that this letter sufficiently explains the circumstances under investigation. 

Accordingly, I understand that this matter will be closed without further action. 

However, if my understanding is incorrect, kindly advise me in writing otherwise. 

Wosrchostor Couiiiy Aii-pori 

S5 Tmvcr RiV.iJ, H:inycr E 

White Hbiii^N.Y. 1U''^04 
05/25/2011 13:36 FAX 2024935142 FAA ^ DMS [2026/026 

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inc. 

Fxet'utive 

Air Charter .ind 

Ainrrttft Manngement 

Inspector Louis Misiano 

January 27, 2010 

Page 3 

If you have any questions, please do not hesitate to contact me. Thank you in advance 

for your anticipated cooperation. 

Sincerely, 

John Diamond Jr. 

Director of Operations 

cc; Gregory S. Winton, Esq. 

The Aviation Law Firm 

VVestclicslcr Couiuv MrpoiT 

as Towor RoaJ. I iniit;ur E 

Whtrc Plains. N.Y |66<M