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u.s. Department 

of Transportation 

Federal Aviation 

Administration 

FAA 

Eastern Region 

Regional Counsel 

TelephOne: 718 553-3258 · 

Facsimile: 718 995-5699 

DEC 1 8 2012 . 

"' OMS 

1 Aviation Plaza 

Jamaica, NY 11434 

CBR.TIFTED MAIL -RETURN RECEIPT REQl)ESTED 

Federal Aviation Administration 

800 Independence A venue, S. W, 

Washin&,:rton, D.C. 20591 

Attn: Hearing I )ockct Clerk, AGC-430 

Wilbur Wright Building.- Room 2014 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter of Central Virginia Aviation, Docket No. 20 I2RA2l 0024 

Enclosed herein please find a copy of the F/\.1\.'s Complaint in the above-entitled 

action for filing, together with proof of service upon the Respondent. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: Zach~~ennan ~t~~ 

Attorney 

Enclosures 

cc: Katherine G. Gray, Esq., Cowan Gates, 1930 Huguenot Road, PO Box 35655, 

Richmond, VA 23235 

RECE\VEO 

DEC 16 20\1 

HE.AR.\NG DOCKET 

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• 

1930 Huguenot Road 

PO Box35655 

Richmond, VA. 23235 

(804) 320-9100 

CowanGates.com 

Federal Aviation Administration. 

ATTN: Hearing Docket Clerk 

800 Independence Avenue, S.W~ 

Room 924A 

Washington, DC 20591 

Re: Docket No. 201lEA210024 

FAA 

December 12, 2012 

Federal Aviation Administration v. Dennis F. Harrup, III 

and Central Virginia Aviation, Inc. 

Beech B90 Aircraft, ID No.: N603P A 

Dear Sir or Madam: 

-t OMS 

KATHERINE G. GRAY • 

(804) JlO·!' I 1)0 

(804) 320-2?00 

Matter No. 2463-033 

~ 002/009 

Please consider this letter Dennis F. Ham1p, IJI and Central Virginia Aviation, Inc.'s request 

for a hearing in the above-referenced matter. David Gates and I are representing Mr. Harrop and. 

Central Virginia Aviation, hie. in the proceedings. 

Thank you for your assistance with this matter. Should you have any questions, please do 

not hesitate to contact me. 

Very truly yours, 

J . / 

~~~v-o Katherine G. Gray 

cc: Zachary M. Derman, Esq. 

Dennis F. Harrop. III 

COWANGATES 

In any case. 

RCCEIVE:D- AEA-{)07 

r)'- '' 1 7 

L :-I I I ! ?, '~12 

LTS_ 

EISCRTS 
01/03/2013 12:12 FAX 2024935142 FAA + OMS 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL A VIAT10N ADivliNISTRA TTON 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter ofCentral Virginia Aviation, Inc. 

20 12EA21 0024 

Judge Not Assigned 

COMPT.ATNT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 13.208 of the Rules of Practice (14 C.F.R. 13.208), and states as 

folJows: 

J 

Respondent, Central Virginia Aviation, ln<.i., was advised through a Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of $11,000 .. On December 12, 2012, Respondent submitted a written demand 1br a 

hearing. 

IT 

1. At all times relevant herein, Central Virginia Aviation, Inc. 

maintained and operated a Beech B90 aircraft, identHkation number 

N603PA (hereinafter "the aircraft"). 

2. On or about February 7, 2012, Central Virginia Aviation operated the 

aircraft on a !light from Stuart, FL to Petersburg Dinwiddie Municipal 

Ahport, VA (hereinafter "the flight"). 

1. During the flight, the aircraft was in an unairworthy condition. 

2. Specifically. the following discrepancies exjsted: 

(a) Two registrations were in the aircraft; 

(b) LeH and right visors were missing; 

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(c) Lower aft lefl wirig bolt cover placard was illegible, and the right 

· side was not installed; 

(d) Hole in nose radome; 

(c) Cracked skin, belly of aircraft, aft of spar (center); 

(f) Loose screws on left and right avionics panels (forward); 

(g) Loose patch on right wing boot; 

(h) Vertical stabilizer boot upper portion had holes; 

(i) Left wing stall strip was missing; 

(j) Cracks in tail cone lens cover; 

(k) Placard on cabin door faded and illegible; 

(1) Right wing stall strip was missing pieces and was loose; 

(m) Cracks in left and right intakes, inboard and outboard, in the 

fiberglass; 

(n) II ole in lell intake heated leading edge scoop with exposed wires; 

( o) Screw missing in left fuel strainer panel; 

(p) T "eft landing gear actuator support bracket had a sheared bolt; 

( q) Left wing tip lens cover screw was missing (lower); 

(r) Two screws missing from panels~ inboard left nacelle and 

(s) Placard for nose steering torn. 

III 

By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

a. Section 91.405(a), which states that each owner or operator of an aircraft 

shall have that aircraft inspected as prescribed in subpart E of this part 

and shall between required inspections have discrepancies repaired as 

prescribed in part 43 of this chapter. 

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b. Section 91.213(a). which states that except as provicled in paragraph (d) 

ofthis.section, no person may take off an aircraft with inoperative 

instruments or equipment installed. 

c. Section 91.7(~), which states that no person may operate a civil aircraft 

unless it is in an airworthy condition. 

IV 

L Pursuant to 49 U.S.C. §4630l(a)(1), Respondent is subject to a civil penalty not to 

~xceed $25,000 t~)f each of the violations alleged. or. for a :small business concern. 

pursuant to 49 U.S.C. §4630l(a)(5), Respondent is subject to a civil penalty not to 

exceed $11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $11 ,000 is 

appropriate. 

WHEREFORE, the FAA. by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

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in the amount of$11,000.00. 

RcspcctfuUy submitted, 

Alfred R. Johnson, Jr .. 

Regional Counsel 

By: 

··.~ 

Zac!WY han 

Attorney· 

FAA 

Federal Aviation Administration 

I Aviation Plaza 

Jamaica, NY J 1434 

718 553-3258 

718 995-5699 

NOTE: 

+ OMS 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must file a written 

answer to this Complaint, or a written Motion to Dismiss if appropriate, not 

later than 30 days at"ter the date shown on the Certificate of Service. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 

/ 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed 

as follows;·. 

Katherine G. Gray, Esq. 

Cowan Gates 

1930 Huguenot Road 

P.O. Box 35655 

Richmond, VA 23235 

Federal Aviation Administration (Original and one copy) 

~00 Independence /\venue. S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

DEC 1 8 2012 Date:. ______ _ 

Paralegal Specialist 

Federal Aviation Administration 

Office ofRegional Counsel 

1 Avjation Plaza 

Jamaica. NY 11434 

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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMlNISTRA TTON 

OFFICE Of HEARlNGS 

WASHINGTON, D.C. 

In the Matter of Central Virginia Aviation, Inc. 

2012EA210024 

Judge Not Assigned 

NOTICE OP APPEARANCE 

The Clerk is requested to enter the appearance of Agency's Counsel. All 

communications, notices, pleadings or documents arc rcspectfi.dly requested to be 

forwarded as follows: 

Zachary M. Berman 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

Respectfully submilled, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: Zacha~~ ~ 

Attorney 

Dated: __ \ \----'~.___( 1----~(~'t_L_ 

@ 008/009 

RECEIVED 

DEC 2 6 2012 

~tiAA,NO DOCKET 
01/03/2013 12:12 FAX 2024935142 FAA + OMS 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Notice of Appearance has been placed this date in 

the United States mail, postage prepaid, by Certified Mail - Return Receipt 

Requested addressed as follows: 

Katherine G. Gray, Esq. 

Cowan Gates 

1930 Huguenot Road 

P.O. Box 35655 

Richmond, VA 23235 

Federal Aviation Administration (Original and one copy) 

800 lndependence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

DEC l 8 2012 4t J ~~··.~ ~ { · Hooks 

Date: ---·----

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

I Aviation Plaza 

Jamaica, NY 11434 

141009/009