U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of RECEIVED 

CALIBER JET CHARTER, LLC AUG 0 5 2015 

--Hcll\ft!NG-DOCKE:T DocketNo. FAA-2015-1320 

Administrative Law Judge J.E. Sullivan 

AGENCY'S MOTION FOR DECISION OR IN THE ALTERNATIVE TO LIMIT THE 

HEARING TO THE ISSUE OF SANCTIONS 

The Federal Aviation Admirristration ("Agency") makes a motion for decision or in the 

alternative moves to limit the hearing to the issue of sanctions. The basis for this motion is as 

follows: 

1. On May 11, 2015, the Federal Aviation Administration, Agency, issued a Final Notice of 

Proposed Civil Penalty to Respondent. See Exhibit A. 

2. On May 14, 2015, Respondent received the Final Notice of Proposed Civil Penalty. See id. 

3. On May 27, 2015, Respondent fiied a request for a formal hearing. See Exhibit B. 

4. At that time, Respondent designated Attorney Michael Asseff as its attorney/representative. 

See id. 1 

5. On June 5, 2015, the Agency filed the Complaint and Notice of Appearance via Federal 

Express, upon the FAA Hearing Docket Clerk and Respondent's attorney.2 See Exhibit C. 

6. On June 8, 2015, the Complaint was delivered to Attorney Asseff. See id. 

1 It should be noted that Respondent's address is identical to its Attorney's 

address. 

2 Although the certificate of service was dated June 4, 2015, Federal Express 

did not pick up the package for delivery from the Agency until June 5 1 2015. 

1 
7. The Complaint advised Respondent that a written answer to the Complaint, or a written 

motion to dismiss, was required to be filed not later than thirty (30) days after the date shown 

on the Certificate of Service. See id. 

8. Pursuant to 14 C.P.R. § 13.209(a), Respondent's answer to the Complaint was due no later 

than July 13,2015.3 

............................... 5), JQgl\k,Re~IJ2.llcleJ1tdic!!lotm:.QYicle<tvvritt(lrlresp_oi1SeJ()tll~_(.;()lll]Jliiint, .............. -·····-

10. Pursuant to 14 C.P.R. § 13.209(£), "a person's failure to file an answer without good cause 

shall be deemed an admission of the truth of each allegation contained in the complaint." 

11. To date, no good cause or sufficient explanation for the failure to provide an answer to the 

Complaint was proffered by Respondent. 

12. The Agency made the following allegations against Respondent: 

• Caliber Jet Charter, LLC (hereinafter "Caliber Jet") is the holder of Air Carrier 

Certificate Number 7CJA702M. 

" Caliber Jet is authorized to conduct operations pursuant to 14 C.P.R. Part 135. 

@ On or about May 28, 2014, Caliber Jet operated a Lear Jet 60 aircraft, identification 

number N929SR (hereinafter "the aircraft"), on a flight from White Plains, New 

York to Scottsdale, Arizona (hereinafter the "flight"). 

• The aircraft requires tvvo crevvmembers for operation. 

• At the time of the flight, Larry D. Henderson acted as pilot-in-command and 

Mohammed Jasim acted as second-in-command of the aircraft (hereinafter the 

"flight crewmembers"). 

• At the time of the flight, the aircraft was listed on the operations specifications for 

Caliber Jet. 

• During the flight there were at least two passengers onboard the aircraft. 

• The above-referenced flight was arranged at the request of Beam Aviation. 

• The above-referenced flight was documented as occurring pursuant to Part 91. 

3 Pursuant to 14 C.F.R. § 13.2ll(e), five additional days were added to allow 

for service by mail. 

2 
• Notwithstanding the above, the flight was actually operated pursuant to Part 135 of 

the Federal Aviation Regulations for Beam Aviation. 

• Prior to the flight, Caliber Jet accepted $11,700 from Beam Aviation as payment 

for the flight. 

e Caliber Jet did not ensure that the flight crewmembers assigned to the flight 

maintained continued qualifications in compliance with the Federal Aviation 

. B,~gu1ati_O!lS. . ............. ······-· .. . 

• Specifically, at the time of the flight, the flight crewmembers were not provided 

with at least 10 consecutive hours of rest during the 24-hour period that precedes 

the planned completion time of the assignment as required pursuant to 14 C.F .R. § 

135.267(d). 

• At the time of the above referenced flights, the flight crewmembers had 

approximately seven hours of consecutive rest during the 24-hour period that 

preceded the planned completion time of the assign_TUent. 

e Further, Caliber Jet did not ensure that a flight crewmember assigned to the flight 

was properly trained and/or current for the type of operations he conducted and 

that his training was properly documented. 

• Specifically, prior to the flight, on May 28, 2014, the second-in-command failed 

an Airmen Competency/Proficiency Check, conducted pursuant to 14 C.F.R. 

§ 135.299. 

• Prior to the flight, the flight creVvmembers were notified by a Federal Aviation 

Administration Aviation Safety Inspector about the second-in-command's 

unsuccessful Airmen Competency/Proficiency Check. 

• Further, prior to the flight, Caliber Jet's Director of Operations was notified by a 

Federal Aviation Administration Aviation Safety Inspector about the second-incommand's unsuccessful Airmen Competency/Proficiency Check. 

• By reason of all of the above, Caliber Jet used a flight crewmember for the flight 

when he had not passed a flight check required under Part 135 of the Federal 

Aviation Regulations. 

• By reason of all of the above, Caliber Jet operated the above-referenced flights in a 

careless or reckless manner so as to endanger the life or property of another. 

13. The Agency alleged that Respondent violated the follov,ing regulations: 

e Section 91.13(a), which states that no person may operate an aircraft in a careless 

or reckless manner so as to endanger the life or property of another. 

3 
• Section 135.95(b), which states no certificate holder may use the services of any 

person as an airman unless the person perfonning those services is qualified, under 

this chapter, for the operation for which the person is to be used. 

• Section 135.267( d), which states each assignment under paragraph (b) of this 

section must provide for at least 10 consecutive hours of rest during the 24-hour 

period that precedes the planned completion time ofthe assignment. 

• Section 135.301(b), which states if a pilot being checked under this subpart fails 

any of the required maneuvers, the person giving the check may give additional 

training to the pilot during the course of the check. In addition to repeating the 

maneuvers failed, the person giving the check may require the pilot being checked 

to repeat any other maneuvers that are necessary to detennine the pilot's 

proficiency. If the pilot being checked is unable to demonstrate satisfactory 

performance to the person conducting the check, the certificate holder may not use 

the pilot, nor may the pilot serve, as a flight crewmember in operations under this 

part until the pilot has satisfactorily completed the check. 

I. The allegations in the Complaint should be deemed admitted. 

More than thirty days elapsed since the Complaint was delivered to Respondent's 

attorney. See Exhibit C. No response to the Complaint has been received. As Respondent is 

represented by counsel, the requirement to comply with the Rules of Practice "is strictly 

enforced." See FAA v. Playtor, FAA Order 90-0015 (March 19, 1990), affd, Playtor v. Federal 

Aviation Administration, 933 F.2d 1009 (6th Cir. 1991). The Department's Rules of Practice, 

14. C.F.R. § 13.209(f), support the Agency's motion to have the allegations deemed admitted. 

The Department has long held that "[p ]rocedural rules must be enforced in a non-arbitrary 

manner to ensure the integrity of the civil penalty process, even where this results in severe 

consequences." In re Jim.'1W Lee Harkins, CP93AL0214 (1994). See also In the Matter of 

Panalpina, Inc., CP06S00029 (2006). 

II. Respondent violated the Federal Aviation Regulations alleged and the Agency is 

entitled to a decision on the uncontested facts. 

As Respondent failed to provide an answer to the Administrator's Complaint without a 

showing of good cause, there is no genuine issue of material fact and a decision should enter in 

4 
favor of the Agency as a matter of law. See 14 C.F.R. § 13.218(£)(5).4 "A motion for decision 

under 14 C.F.R. § 13.218(£)(5) is comparable to a motion for summary judgment under Rule 

56( c) of the Federal Rules of Civil Procedure ("FRCP")." In the Matter of William A. Luker, Jr., 

2010 WL 1989430 at 2 (D.O.T.) (2010)(citing Celotex Corp. v. Catrett, 477 U.S. 317 (1986)("'n 

our view the plain language of Rule 56( c) mandates the entry of summary judgment, after 

adequate time for discovery and upon motion, against a party who fails to make a showing 

-- ·---- ·sumeienno establish-tlieexistence oranelemeiifessen1iaTtoThi.lfp-artY' scase,ana oiiwlllC!i1Iiar·-

party will bear the burden of proof at trial. In such a situation, there can be 'no genuine issue as 

to any material fact,' since a complete failure of proof concerning an essential element of the 

nonmoving party's case necessarily renders all other facts immaterial." Id. at 322-23). 

The uncontested allegations demonstrate that Respondent violated the Federal Aviation 

Regulations referenced in the Complaint. Specifically, the aircraft required two crewmembers 

for operation. See Complaint at paragraph 4 and Exhibit D. On May 28, 2014, the second-incommand (hereinafter the "airman") failed his Airman Competency/Proficiency Check, 

conducted pursuant to 14 C.F.R. § 135.299. See Complaint at paragraph 16 and Exhibit E. The 

Federal Aviation Administration notified the airman, the pilot-in-command, and the Director of 

Operations for Respondent on said date about the results of the airman's check. See Complaint 

at paragraphs 17 and 18 and Exhibit F. Notwithstanding, Caliber Jet Charter used the airman as 

a required flight crewmember on a Part 135 flight that departed White Plains, New York to 

Scottsdale, Arizona on May 28, 2015 which carried at least two passengers. See Complaint at 

paragraphs 3, 7, and 10 and Exhibit G. Prior to the flight, Respondent collected $11,700 as 

payment for the flight5

• See paragraphs 8 and 11 and Exhibit H. The above referenced facts 

4 A motion for decision may enter "if the pleadings, depositions, answers to 

interrogatories, admissions, matters that the administrative law judge has 

officially noticed, or evidence introduced during the hearing show that there 

is no genuine issue of material fact and that the party making the motion is 

entitled to a decision as a matter of law." 14 CoF.R. § 13.218 (fi (Si. 

5 As the evidence demonstrates, Respondent charged and accepted payment for a 

planned Part 135 flight. See Exhibit H. The fact that Respondent instead 

used the payment as a credit towards a "future" flight does not take the 

flight out of the realm of Part 135. "The fact that [the passengers were] 

not charged for the flight does not remove the flight from Part 135. It was 

clearly in respondent's financial interest to operate the flight, and the 

expectation of future business is sufficient to render the flight one for 

compensation or hire." See Administrator v. John D. Towner, 5 N.T.S.B. 1348 

{1986). "[I]ntangible benefits, such as the expectation of future economic 

5 
support a finding of violations of 14 C.F.R. §§ 135.95(b) and 135.301(b). See supra at page 4. 

"The agency proved the § 13 5. 95(b) allegation because the evidence showed that Respondent had 

used an unqualified airman[.]" Federal Aviation Administration v. Mountain Aviation. Inc., 

2013 WL 3948715 (D.O.T.) (2013). 

Further, Respondent assigned the flight crewmembers (pilot-in-command and second-in-

- _____ C()Ill!Ila_IJ.d)t()_a.flight (;()n_<i!lc!e_cl_lJ\lfS\la!ltto!'art 135_~h_en_tl1e_.flight _cre\Nlll_e!ll~ers ~ic!Ilo_t]J_fl_'\le __ 

at least 10 consecutive hours of rest during the 24-hour period that preceded the planned 

completion time of the assignment. See Complaint at paragraph 13. Specifically, the flight 

crevm1embers had approximately seven hours of consecutive rest during the 24-hour period that 

preceded the plaru1ed completion of the assign..cllent. See Complaint at paragraph 14 and Ex.lllbit 

I. As a result of the above, the facts support a finding of 14 C.F.R. 135.267(d). See supra at 

page 4. "Section 135.267(d) is designed to ensure that flight crews are alert and rested when 

they undertake flights for compensation or hire." Federal Aviation Administration v. Charter 

Airlines. Inc., James E. Walker, and Larry A. Mort, 1994 WL 16054481 (D.O.T.) (1994)(citing 

Busey v. Charter Flight Services, Inc., NTSB Order No. EA-3131 (1990). "If the crewmember is 

involved in any type of duty for the certificate holder, including preparing for a flight or standing 

by at the airport waiting for passengers or cargo, then that time cannot be considered a rest 

period." In the Matter of Charter Airlines. Inc., James E. Walker, and Larry A. Mort, 1995 WL 

853906 (F.A.A.) (1995). See also In the Matter of Trans North Aviation, LTD., 2014WL 

4966212 (D.O.T.) (2014). 

Lastly, the facts referenced above also support a finding of 14 C.F.R. § 91.13(a). See 

supra at page 4. "[A] charge of carelessness or recklessness under §91.13(a) is proven when an 

operational violation has been charged and proven." Administrator v. Robert Earl Wallace and 

Global Air Charter of KY, LLC, NTSB Order No. EA-5461 (2009)(citing Administrator v. Seyb, 

NTSB Order No. EA-5024 at 4 (2003)) and Administrator v. Nix, NTSB Order No. EA-5000 at 

3 (2002), and Administrator v. Pierce, NTSB Order No. EA-4965 at 1 n. 2 (2002)). 

benefit or business, are sufficient to render a flight one 'for compensation 

or hire.'" Administrator v. Clalr Aero, Inc., et. Al, NTSB Order No. EA-5181 

at 4 (2005) (citing Administrator v. Platt, NTSB Order No. EJl.-4012 (1993) at 

6; Administrator v. Blackburn, 4 NTSB 409 (1982), aff'd., Blackburn v. NTSBr 

709 F.2d 1514 (9th Cir. 1983); Administrator v. Pingel, NTSB Order No. EA-3265 

at n.4 (1991); Ailiuinistrator v. Mirns, NTSB Order No. EA-3284 (1991)). 

6 
By reason of all of the above, the Agency proved that Respondent violated the Federal 

Aviation Regulations alleged in the Complaint and a decision should enter in favor of the 

Agency as a matter of law. 

III. The Agency's sanction guidelines support a civil penal tv in the amount of $17,600.00 

against Respondent. 

-- ------- -- ------------------ -- -------------------------------

The Agency's guidelines for the computation of sanction is contained in the FAA Order 

No. 2150.3B (hereinafter the "Order"). Under the Order, Respondent is deemed a Group IV air 

carrier and operator. See FAA Order 2150.3B at B-3 6 See Exhibit J. Pursuant to Chapter 7, 

Paragraph 5( a) of the Order, "Sanction determinations are not accomplished through a strict 

mathematical formula; rather, sanction determinations result from a judgment of where a case 

lies along a spectrum of gravity." Additionally, the Order states that the "middle of each 

recommended sanction range would be for a single violation without aggravating or mitigating 

factors." Id. At B-2. 

In the present matter, Respondent was notified directly by the Federal Aviation 

Administration that its second-in-command failed a proficiency check and that he was not 

qualified to serve in the capacity of a Part 13 5 crewmember. See Complaint at paragraphs 17-18 

and Exhibit F. Notwithstanding, Respondent disregarded this notice and assigned the airman as 

a second-in-command on a Part 13 5 flight anyway. Further aggravating this issue, is the fact that 

Respondent's Director of Operations previously implored the FAA to get the pilot checks done 

in an expedited manner before the flight because he admitted that his company could not afford 

to have the aircraft grounded for Part 135 flights because it would put them out of business. See 

Exhibit K. "If a violation is deliberate or not inadvertent, a sanction at the upper end of the range 

or exceeding the range for that type of violation generally is appropriate. A deliberate violation 

generally warrants a sanction that is more severe than one that is just not inadvertent." See FAA 

Order 2150.3B at 7-S(b)(l). Respondent's actions were intentional and deliberate and therefore 

must be considered an aggravating factor for sanction consideration. See id. 

6 Group IV is defined as \'[e]ach air carrier or commercial operator operating 

under part 135 with no more than 5 pilots and no more than 5 aircraft." It 

is the smallest classification for an air carrier or commercial operator in 

the Order. 

7 
The Order recommends a maximum civil penalty in the range of $4,400 - $11,000 for use 

of an unqualified crewmember. See id. at B-4 and B-15. Due to Respondent's deliberate and 

intentional assignment of the airman as second-in-command for a Part 135 flight, the maximum 

civil penalty is warranted for this matter- $11,000.00. 

Respondent's use of two crewmembers in violation of the flight and duty time regulations 

warrants a moderate sanction in the range of $2,200 - $4,399. See id. A civil penalty in the 

middle of this range would be $3,299.50 per airman. The total violation therefore for this issue, 

would be $6,599.00. 

When all amounts are added together, the total civil penalty sought by the Agency is 

$11,000.00 plus $6,600.007

, for a cumulative total of$17,600.00. This amount is consistent with 

the Order, within the Agency's guidelines, and should be affirmed. 

WHEREFORE, for all of the above reasons, the Agency respectfully requests that: 1) the 

allegations in the Agency's Complaint be deemed admitted and 2) that summary judgment in 

favor of the Agency and imposing a civil penalty in the amount of $17,600.00 be ordered or in 

the alternative, that the hearing be limited to the issue of sanctions. 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

By: 

Enforcement Division, Northeast Team 

One Aviation Plaza 

Jamaica, New York 11434 

(718) 553-3255 telephone 

(718) 995-5699 facsimile 

judith.vaughan@faa. gov 

7 The amount was rounded up to the nearest whole dollar. 

8 
U.S. Department 

of Transportation 

Fedel<!l Avjation 

Administration 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3255 

Facsimile: 718 995-5699 

~ EXlilllli 

i A 

i 

1 Aviation Plaza 

Jamaica, NY 11434 

........ -------cE-Jttnht~"~=RBTDRNRECEIPTREOUESTED ------ --------- . - --

President 

Caliber Jet Charter, LLC 

Hangar #12 

1437 Intemational Airport 

Melbourne, FL 32901 

and 

President 

Caliber Jet Charter, LLC 

29550 Detroit Road, Suite 300 

\Vestlake, OH 44145 

Docket No. 2014EA390060 

FIN.AL NOTICE OF PROPOSED CIVIL PENALTY 

TAKE NOTICE, that on February 18, 2015, tt'lis office mailed to you an Amended 

Notice of Proposed Civil Penalty. Thi1i:y days have passed a.n.d we have not received 

a response from you. This office has received an investigative report from which it 

appears that you violated the Federal Aviation Regulation( s) by reason of the 

following: 

1. Caliber Jet Charter, LLC (hereinafter "Caliber Jet") is the holder of 

Air Carrier Certificate Number 7CJA702M. 

2. Caliber Jet is authorized to conduct operations pursuant to 14 C.P.R. 

Part 135. 

3. On or about May 28, 2014, Caliber Jet operated a LearJet 60 aircraft, 

identification number N929SR (hereinafter "the aircraft"), on a flight 

from White Plains, New York to Scottsdale, Arizona (hereinafter the 

"flight"). 

4. The aircraft requires rvvo crewmembers for operation, 

5. At the time of the flight, Larry D. Henderson acted as pilot-incommand and Mohammed Jasim acted as second-in-command of the 

aircraft (hereinafter the "flight crewmembers"). 
6. At the time of the flight, the aircraft was listed on the operations 

specifications for Caliber Jet. 

7. During the flight there were at least two passengers onboard the 

aircraft. 

8. The above-referenced flight was arranged at the request of Beam 

Aviation. 

9. The above-referenced flight was documented as occurring pursuant to 

Part 91. 

10. Notwithstanding the above, the flight was actually operated pursuant 

to Part 135 of the Federal Aviation Regulations for Beam Aviation. 

11. Prior to t.~e flight, Caliber Jet accepted $11,700 from Beam Aviation 

as payment for the flight 

12. Caliber Jet did not ensure that the flig_ht crewrnembers assigned to the 

fl . h+ . . . 11 . <1 ]'+': . . 1' . h th _lgi.-" n1a1ntame_. continue~_ q_u::LLL1cat1ons 1n comp ... 1ance w1t;_l e 

Federal Aviation Regulations. 

13. Specifically, at t.he time of the flight, the t1ight crewmembers were not 

provided wiLh at least 10 consecutive hours of rest during the 24-hour 

period that precedes the planned completion time of the assignment as 

required pursuant to 14 C.P.R.§ 135.267(d). 

14. At the time of the above referenced flights, the flight crewrnembers 

had approximately seven hours of consecutive rest during the 24-hour 

period that preceded the planned completion time ofthe assignment. 

15. Further, Caliber Jet did not ensure that a flight crewmember assigned 

to the flight was properly trained and/or current for the type of 

operations he conducted and that his training was properly 

documented. 

16. Specifically, prior to tr'le flight, on May 28, 2014, the second-incommand failed an Airmen Competency/Proficiency Check, 

conducted pursua..11tto 14 C .F .R. § 13 5 .299. 

17. Prior to the flight, the flight crewmembers were notified by a Federal 

Aviation Administration Aviation Safety Inspector about the secondin-com_mand's unsuccessful Airmen Competency/Proficiency Check. 

2 
18. Further, prior to the flight, Caliber Jet's Director of Operations was 

notified by a Federal Aviation Administration Aviation Safety 

Inspector about the second-in-cormnand's unsuccessful Airmen 

Competency/Proficiency Check. 

19. By reason of all of the above, Caliber Jet used a flight crewmember for 

the flight when he had not passed a flight check required under Part 

1}5.oftl1~; .. Ee:<ler1ilAYiatiQnRIOmlatigns, 

20. By reason of all of the above, Caliber Jet operated the abovereferenced flights Lr1 a careless or reckless manner so as to endanger 

the life or property of another. 

By reason of the foregoing, you violated the follo"Vving section(s) of the Federal 

Aviation Regulations: 

a. Section 91.13(a), which states that no person may operate an aircraft in a 

careless or reckless manner so as to endanger the life or properly of 

another. 

b. Section l35.95(b), which states no certificate holder may use the services 

of any person as an airm&i unless the person performing those services is 

qualified, under this chapter, for the operation for which the person is to 

be used. 

c. Section 135.267(d), which states each assignment under paragraph (b) of 

this section must provide for at least 10 consecutive hours of rest during 

the 24-hour period that precedes the planned completion time of the 

assignment. 

d. Section 135.301(b), which states if a pilot being checked under this 

subpart fails any of the required maneuvers, t.he person giving the check 

may give additional training to the pilot during the course of the check. Ln 

addition to repeating the mar,euvers failed, the person giving the check 

may require the pilot being checked to repeat any other maneuvers that are 

necessary to determine t.l}e pilot's proficiency. If the pilot being checked 

is tmable to demonstrate satisfactory performance to the person 

conducting the check, the certificate holder may not use the pilot, nor may 

the pilot ser1e, as a flight crewmember in operations under t.'lis part until 

the pilot has satisfactorily completed the check 

3 
In accordance with 49 U.S.C. §4630l(a)(5), you are iiable for a civil penalty not to 

exceed $11,000 for each violation of the regulations. After reviewing our 

investigative file, we propose to assess a civil penalty in the amount of $17,600.00 

for this violation. 

Unless you mail or personally deliver, in \'/Titing, your request for a hearing in this 

-- - matter-, onor-before-flfteen-(-15}Elaysaft-er-yeu reeeive-1'his-F-ina1-Netiee; -we--willissue an Order Assessing Civil Penalty and you will have no further right to a 

hearing. If you do not submit a written request for a hearing, you must pay the 

proposed civil penalty. 

Your request for a hearing must be sent to the He&-ing Docket, Federal Aviation 

Administration, 800 Independence Avenue, S.W., Room 924A, Washii1gton, D.C. 

20591, Attention: Hea.."'ing Docket Clerk, &ida copy must be sent to the undersigned 

FAA attorney. Your request must be dated and signed, in accordance with Section 

13.16 ofth.e Federal Aviation Regulations, sent to you with the Notice of Proposed 

Civil Penalty (14 C.F .R. 13 .16). 

You may pay the proposed penalty by submitting a certified check or money order 

payable to the "Federal Aviation Administration," to the undersigned. 

4 
In the alternative, you may pay your civil penalty with a credit card over the 

Internet. To pay electronically, visit the web site at http://vvvvw.pay.gov and enter 

the term 'FA/1." in the search bar labeled "Search Public Forms" located on the left 

hand side of the screen. After following the link, click on "FAA Civil PenaltiesFAA Eastern Region." You must then enter the above-listed "Docket Number" 

under the "Civil Penalties Case Number" and you must then complete the 

remainder of the requested information. Once you have submitted the requested 

·--information you will-betaken-to a-page whish·allows you to -either-pay--by---·-

electronic transfer, or by credit card. Fill in the requested information in one of 

these two sections, and submit to complete your payment. 

Alfred R. Johnson, Jr. 

Regional Colli1sel 

Enclosure (l) 

Option Selection Form 

5 
Complete items 1, 

ltem 4 if Restricted 

IDl Print your name and on the reverse 

so that we can r'&turn the card to you. 

~ Attach this card to the back of the mailpiece, 

or on the front if space permits. 

1. fl.rticle Addressed to: 

. .3,9£~ 

// ' ./- 7~/ .. 

Is delivery address different from item i? 

itl'ES, enter deliver; addr2ss below: 

'E'.1lt;,11 

D Exprass 1\llail 

3. Ser1ice Type 

&'Certified Mail 

0 Registered D Return Recaipt for iYlerchandis1 

I I 

7002 0460 DODO 1606 8365 

PS Form 3811, August 2001 

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EXHIBIT 

B 

Regional Counsel for the Eastern Region Date 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 2 2015 

Caliber Jet Charter, LLC- 20 14EA390060 

Subject Final Notice ofPronosed Civil Penaltv 

Response Attachment 

In reply to your Final Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check mark beside the numbered 

paragraph below: 

LU 'Therety---sUb'ffiit-the··amount-or the·p~·~p~Sect·-~-iV-il'P~-~~i'tY··w-itii-th-e··uncte;s;:;m·cting·-that··-an·o~ct-~~-ASses~~g·c;v-;JPe·naJty Will"-

be issued in that amount. 

I hereby request a formal hearing in accordance with Section 13.16 of the Federal Aviation Regulations. 

By sending this form to the Federal Aviation Administration, Eastern Region, I also hereby 

certify that a copy of this form has been filed with the Hearing Docket Cl•.!rk (Hearing Dotk't, 

Federal Aviation Administration, 800 Independence Avenue, S.W., Room 924A, Washington, 

DC 20591, Attention: Hearing Docket Cierk). 

** Please note that you wiii not be entitled to a hearing if you file this form with the Federal Aviation Administration. Eastern Re2.ion 

WITHOUT having fiied this form or a written request for a hearing with the HEARING DOCKET CLERK. 

MY AT'fORl'l'EY/REPRESENTATflflE 

DEr.;t.,~; r 

y2_ < /f"D , Address: -~),._,c.;L· ~~lle':j,_'coo;--~J? t" hV'.J / r • .I 1 ___.. Phone No. -~-tl~,~·cc<C~_Jr·~l""-~(~·~<>,.,.v . ~ ·t S..r-t ~f. f'- 1:'" _.. •'o./ "'-

0 4 l D ~i(~<\~1~T NOTICE 

Name: 

Firm: 

12-0, 

J 

This notice is provided in accordance with Section (e)(3) of the Privacy Act, 5 U.S.C. §552a(e)(3), and concerns the infonnation 

requested in the letter or fom1 with which this Notice is enclosed. 

A. Authority. This information is solicited pursuant to 49 U.S.C.llO\ ~~--.and regulations issued thereunder 

codified in Part 13 of Title 14 of the Code of Federal Regulations. Submission of the telephone number is 

voluntary. The request for information is intended to provide you with an opportunity to participate in the 

investigation. 

B. Principal Puroose. The requested information is intended to assist us in contacting you regarding this 

enforcement case. 

C. Routine Uses. Records from this system of records may be dlsclvsed in accotdanc~ with lhe routine uses as 

they appear in System of Records No. DOT/FAA 84 7 as published from time to time in the Federal Redster 

D. Effect of Failure to Respond. If you do not provide the requested information, there may be delay in contacting 

you regarding this enforcement case. 
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U.S. Department 

of Transportation 

Federal Aviatio11 

AdministTalioll 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3255 

Facsimile: 718 995-5699 

Federal Ayiation Administration . 

600 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2Wl000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

1 Aviation Plaza 

Jamaica, NY 11434 

ATTN: :HEA.fl..l'NG DOCKET CLERK 

Re: In the Matter of Caliber Jet Cha_rter, LLC 

Docket No. 2014EA390060 

EXHIBIT 

c 

Enclosed herei11. please fmd a copy of a request for hearit1g and the original and one copy of 

the FAA's Complaint and Notice of Appearance in the above-entitled action for filing, 

together with proof of service upon the Respondent. 

The FAA requests that the hea_ring in this matter be held in the New York, New York area, 

and expects that the hearing will last two days. 

Ple2"se address aU corr1_._111unications for Llte Federal Aviation Adminlstrat]on to the attention 

of Judith L. Vaughan, Office of the Regional Counsel, 1 Aviation Plaza, Jamaica, NY 

11434. 

S. 1 mcere,y, 

Alfred R. Johnson, Jr. 

Regional Counsel 

Bv· ' . iJudith L. Vauuhw ! ~ -

C/ Attorney 

EnclDsures 

/ / 
Regional Com1s~l tOr the Ens.!ern R~gion D:,te 

Federal AvirMon Admin-istrntion 

l Aviuth.m Plazs 

Jamaica,. NY ll434 lljf 2 2015 1 ...... < 'l 

Cnlib>Jt J,:t Charter. U.C ~ 20 i4EA39006-0 

Subject: final N<l\icc 11f Pmpc--,>ed Civil Penultv 

Respons'.! A~1Jl.chmel1t 

In reply h) your Final Notice of Proposed Civil Penalty, I ekct to proce~;·d as indicatt:d by my check nmk beside the numbered --"-P3f<Jgi:i'i1lib~:~o·\\;;- --- ---·--·--------·- --------- ---- - -- ---------------- -- --------- - - -- -

i.U I hereby SiJbmit the tunount of the proposed ~i·.'il penalty with the-understanding that an Order A~:;essing Civil Penally wlH 

be issncd in that nmount. 

l hcrehy re<JUest a f<1m1al hearing in accordanec with Scctlon 13.!6 of the Federal Aviation Regulations. 

By se11ding this furiil tl) the F!;'!U~ral Avi:ltilrn Admluistnulon, r:aste_rTl Re-glon, I a)so 11-ereby 

ce-rtify !hat a CO!>Y Of this for:;u b:M he-en !!led witil d!i~ H~:1rh!g Dock>tt Ckrk (He:1ring Dot'.J.:et, 

f;!dt:i'a! Avla1itH< All!;;i;;htr-nt~o-il, lWO h:th!f•'"'ldt:n::::;;; /\._'il.'nue, S.W., R;cm 924.-\.j \V:tshi!lg_ton, 

DC 2059i:, /~Jt.c111i-on: H>!Hrilrg: Dncl>d Clt!rk). 

::.:.r!eas.c note th~t von. win not he ~!U.i.tl£Ji19 n hi!arhto \J~u file t.'Jis limn with tQt,::£~.!~Tni A dation Admini~tr::~iion. Ea.'\lcm R,;git:m 

WITHOUT haviw• filed this. t\)nn or lt}Ylit1t:n req.u.~l.t\?!:illlt;.:J:!i'l!! with the H~~ .. :GJ)OCKfJ' CLERK,_ 

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·nlig nDtice is provided in nccordance with Section {~.:)(3) of the Privucy Act 5 U.S.C. 8552:1\_<!)(3)._ and c'Jnc.t..;rns tho;; inf\)fn1Stlvn 

rcqm:sted in t11c letter tlr form ·with which this Nolle~ is enclosed. 

A Antllilri!Y.. This lnfbrmation ~~solicited pursunnt to 49 U.S.C.l Hll £1 ~iCJJ. .. and regulutions issm.:d thereumier 

codlticd tn Part 13 of Title !4 of lhe Code of Fedcr;;t[ R.::gtl!ations. Submission of the t.::kp-hone number -b 

votuntmy. The n.:qu-cst for infoml;1tion i" intended to pwvi<:;lc you with an opportunity to participate in the 

investigation. 

B. Princioa! Pum_QS~- Th¢ r:.-qu~sted \nthrm:ltiun i:; h1tendet! to lls.:iist ll.$ in o::omncting_ you reg:lnli!lg thi~ 

l)nfon.:ement cnse. 

C. BilllJllll!. Us>:s. Records from this ;;yskrn of recon.ki may b-·~ \.Hsclo::,~d in <H.:cwllanc.- ~"·ith \he nJu<inc uses <i.!l 

they appear in Sysl<.:.m of R;;:cord.<> No. DOT/Fi\A. 8·+7 as publish<.:d from time to time in th,; J::,<;_rt._~P,-~g:\,.~.tQI 

D. r:;.JJCt;:t o.fF<lihm: 10 E£S_prmd. lf;{Ot1 do nat provide th-e re']1J(::$tt;!d inf<lrmaiion. 1-h..:rc m<>y be L!day in contacting 

Yllll regarding this enforC1:!mo::nt ca<>c. 
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U.S. DEPARTh1ENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Caliber Jet Charter, LLC 

20 14EA390060 

Judge Not Assigned 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (14 C.F.R !3.208), a..rtd states as foilows: 

I 

Respondent, Caliber Jet Charter, LLC, was advised through a Fi..nal Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$17,600.00. 

On lviay 27,2015, Respondent subn1itted a vvritten den1fuld for a hearing. 

II 

COMPLAINT 

1. Caliber Jet Charter, LLC (hereinafter "Caliber Jet") is the holder of Air Carrier 

Certificate Nnmber 7CJA 702M. 

2. Caliber Jet is authorized to conduct operations pursuant to 14 C.F.R. Part 135. 

3. On or about lv'Iay 28, 2014, Caliber Jet operated a LearJet 60 aircraft5 

identification number N929SR (hereinafter 'the aircraft"), on a flight from '~/Vhite 

Plains, New York to Scottsdale, Arizona (hereinafter the "flight"). 

4. The aircraft requires two crewmembers for operation, 
5. At the time of the flight, Larry D. Henderson acted as pilot-in-command and 

Mohammed Jasim acted as second-Ln-command of L'1e aircraft (hereinafter the 

"flight crev;members"). 

6. At the time of the flight, the aircraft was listed on the operations specifications 

for Caliber Jet. 

8. The above-referenced flight was arranged at the request of Beam Aviation. 

9. The above-referenced flight was documented as occurring pursuant to Part 91. 

10. Notwithstandi11g the above, the flight was actually operated pursuant to Part 135 

of the Federal Aviation Regulations for Bea.'TI Aviation. 

11. Prior to the flight, Caliber Jet accepted $11,700 from Beam Aviation as payment 

for the flight. 

12. Caliber Jet did not en..sure that the flight crewmembers assigned to the flight - ~ ~ 

maintah~ed continued qualifications in corr1p1iance vviU~ th.e Federal Aviation 

Regulations. 

13. Sneci£icallv, ..._ . at the tllne of the flight, the fli£11t cre"Vvmembers vvere not provided '-' '-' _.. 

Yvith at least 10 consecutive hours of rest during the 24-hour period that precedes 

the planned completion time of the assignment as required pursuant to 14 C.F.R. 

§ 135.267(d). 

14. At the time of the above referenced flights, the flight crewmembers had 

approximately seven hours of consecutive rest duri11g the 24-hour period that 

preceded the plan..ned completion time of the assignment. 

15. Further, Caliber Jet did not ensure that a flight crewmember assigned to the flight 

was properly trained and/or current for the type of operations he conducted and 

that his training was properly docu.rnented. 

16. Specifically, prior to the fli::;ht, on May 28, 2014, the second-in-corrL'1lal1d failed 

fu!. Airmen Competency/Proficiency Check, condu<:ted pursuant to 14 C.F.R. 

§135.299. 

17.Prior to the flight, the flight crevvmembers were notified by a Federal Aviation 

Administration Aviation Safety Inspector about the second-in-command's 

unsuccessful Airmen Competency/Proficiency Check. 

2 
18. Further, prior to the flight, Caliber Jet's Director of Operations was notified by a 

Federal Aviation Administration Aviation Safety Inspector about the second-incommand's unsuccessful ALrmen Competency/Proficiency Check. 

19. By reason of all ofthe above, Caliber Jet used a flight crevvmember for L~e flight 

when he had not passed a flight check required under Part 135 of the Federal 

Aviation Regulations. 

20. By reason of all of the above, Caliber Jet operated the above-referenced 

flights in a careless or reckless manner so as to endanger the life or property 

of another. 

II. 

By reason of the above Caliber Jet ChaTter, LLC violated the following 

Department of Transportation Regulations (Title 14 of the Code of Federal 

Regulations): 

a. Section 91.13(a), which states that no person may operate an aircraft in a careless 

or reckless manner so as to endanger the life or property of another. 

b. Section 135.95(b ), which states no certificate holder may use the services of any 

person as an airman unless the person perfoTlTling those services is qualified, 

under this chapter, for the operation for which the person is to be used. 

c. Section 135.267( d), which states each assignment under paragraph (b) of this 

section must provide for at least 10 consecutive hours of rest during the 24-hour 

period that precedes the planned completion time of the assignment. 

d. Section 135.301(b ), which states if a pilot being checked under this subpart fails 

any of the required maneuvers, the person giving the check may give additional 

training to the pilot duri.t1g the course of the check. In addition to repeating the 

maneuvers failed, the person giving the check may require the pilot being 

checked to repeat any other n1aneuvers tll.at are necessru-y to determine t1.e pilot's 

proficiency. If the pilot being checked is w1able to demonstrate satisfactory 

performance to th<o person conducting the check, the certificate holder may not 

use ttte pilot, nor may the pilot serve, as a flight crevvmem'oer in operations under 

this part until L'1e pilot has satisfactorily completed the check. 

3 
m. 

Pursuant to 49 U.S.C. § 46301(a)(5), Caliber Jet Charter, LLC, is liable for a civil 

penalty not to exceed $11,000.00 for each of the violations alleged. 

Under the facts and circumstances of this ca~_a~ivil_lJ~ll_alty_5L$12,600.QQjs ____ _ 

appropriate. 

'vVHEREFORE, the Regional Counsel for the Federal Aviation Administration, 

Eastern Region, respectfully requests that t'J.e Administrative Law Judge enter an Order 

that Caliber Jet Charter, LLC, be assessed a civil penalty in the amount of$17,600.00 

for the violations alleged in this complaint. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Pursuant to Title 14 CFP._ § 13.209(a)~ you are required to file a vvTitten ansv-ve-r to this 

Complaint, or a written motion to Dismiss if appropriate, not later than thirty (30) days 

after the date shown on the Certificate of Service which is attached to this docur11ent. 

4 
CERTIFICATE OF SERVICE 

L/ 

/I;/>/ 

I hereby certify that on this Y day of June, 2015, copies of the foregoing 

Administrator's Complaint has been served upon the following via Federal Express: 

JUrJ LJ 2015 Dated:-----~ 

ORIGINAL AND ONE COPY TO: 

Federal Aviation Administration 

Wilbur Wright Building- Suite 2W100 

600 Independence Avenue, SW 

Washington DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

COPY TO: 

Michael Asseff (Attorney for Respondent) 

29550 Detroit Road 

Westlake, Ohio 44145 

/l "'_, ~ ).I:::>;~,/~/) J" 

~:r:/t:?1f:--;(. j/ ,:;t.?:C. .. -Pvj(~~ /! Y' ~/ /' /(/ 

/J\.Jdith L{Vaughan {/ I ( 

L/ Attorney 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

5 
U.S. DEPA.c"ZTi\1ENT OF TRAI'!SPORTATION 

FEDERAL AVIATION AD"i\111\TISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Caliber Jet Charter, LLC 

2014EA390060 

Judge Not Assigned 

NOTICE OF APPEARANCE 

Complainant, Federal Aviation Admirlistration, hereby notifies the United States 

Dep&-tment of Transportation, Office of Heari11gs, &'ld the Respondent, pursuant to 14 

C.F .R. § 13 .204(b ), L'lat it shall be represented in tr,e above-stated action by the attorney 

iisted below. All communications, pleadiilgs or docu.,llents are respectfully requested to be 

forwarded as follows: 

Judith L. Vaughan 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3255 

Facsimile: 718 995-5699 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

Dated: -------
CERTIFICATE OF SERVICE 

' ' d7 I hereby certifY that on this 1 day of June, 2015, copies ofthe foregoing 

Notice of Appearance has been served upon the following via Federal Express: 

Dated: JUN 4 2015 

QRIGINALANDDNECOl:'_Y.IO: _ .. 

Federal Aviation Administration 

Wilbur Wright Building - Suite 2W1 000 

600 Independence Avenue, SW 

Washington DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

COPY TO: 

Michael Asseff (Attorney for Respondent) 

29550 Detroit Road 

Westlake, Ohio 44145 

" 1 1 ~ • ,• ~ 1 •• ' ,• l:' eaera1 Avmnon Arnn1msrranon 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

2 
Track your package or shipment with FedEx Tracking Page 1 of2 

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Ship 

Delivered 

Tracking No.or Nickname 

807945994900 

807945994895 

Track Manage Leam Fed Ex Office® 

Shipper city, state 

JAMAICA. NY 

JAMAICA, NY 

Origin Terminal 

JAMAICA, NY 

JAMAICA, NY 

Ship date 

6/05/201512:00 am 

6/05/201512:00 am 

Status Recipient city, state 

OH 

DC 

Delivered Showing 1 of 2 

807945994900 

Travel History 

Date/Time Activity location 

6/08/20'15- Monday 

12:44 pm Delivered 

Leit at front door. Package delivered to reciprent address- release autborized 

7:44am 

7:01am 

On Fed Ex vehicle for deiivery ~~5~~~~~~ 

At local FedEx facility 

6/07/2015- Sunday 

10:09 pm 

7:22pm 

4:54pm 

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At destination sort facility 

Departed FedEx location 

6/06/2015- Saturday 

11:46 am 

10:40 am 

1:12am 

Arrived at FedEx location 

Departed FedEx location 

Arrived at FedEx location 

6i05i2015- Friday 

3:10pm Picked up 

Shipment Facts 

Tracking 

number 

Delivered To 

Shipper 

reference 

Special 

handling 

section 

807945994900 

RGsidsnce 

2014EA 390060 

Deliver Weekday. Residential 

Delivery 

Service 

Total pieces 

Packaging 

MIDDLEBURG 

HEIGHTS, 0'1 

CLEVEUINO, OH 

CLEVELJ\NO, OH 

MEOMPf-liS, TN 

NgWAfl~.tJJ 

NEWARK, NJ 

JANIAlCA, NY 

FedEx Standard Overnight 

FedEx En~ elope 

Login 

Delivery date 

61081201512:44 pm 

6/08/201510:18 am 

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VIII- Model60 (con!' d) 

Maximum Weights 

Minimum Crew 

____ _No__oLSeats------

Maximum Baggage 

Fuel Capacity (lb.) 

Oil Capacity 

Maximum Operating Altitude 

Other Operating Limitations 

Control Surface Movements 

Serial Nos. Eligible 

Data Pertinent to All l\'[odeis 

Datum 

25 

Standard 

Ramp 23,000 lbs. 

Takeoff 22,750 lbs. 

Landing 19,500 lbs. 

Zero fuel 16,500 lbs. 

See NOTE 37 for Optional Weights 

For all flights, 2 persons (pilot and copilot) 

---1-0-(-2--e-rew-and---8-passen-gers} -------------

See NOTE 7 for optional configurations. 

Cabin 

Tail 

Max Baggage 

260 lbs. 

300 lbs. 

Usable 

Two wing tanks 2898 

Fuselage tank 5012 

See NOTE 1 (a) for data on unusable fuel 

One integral tank per engine 

Total Usable 

Arm 

367.0 

515.0 

Ann 

391.7 

427.1 

2.11 gal. ea. engine 1.0 gal. ea. engine 467.1 

See NOTE l(a) for data on unusable oil 

51,000 ft. pressure altitude 

See FAA Approved airplane Flight ManuaL 

Horizontal stabilizer Upper Limit 

' EXHIBIT 

i D 0 

<!i 

z 

w 

~ 

L.E.Down P6' to 1°21' 

Lo'..ver Limit 

Elevator 

Aileron 

Up 

Up 

Up 

Up 

L.E. 

15°± 30' 

18° ± 1° 

go± 1o 

15° ± 2° 

Aileron trim tab 

Aileron Balance Tabs 

Rudder Right 30°+2°~1() 

Rudder trim tab 

Wing flap 

Spoilers 

Right 20° ± 1° 

lstPartialDetent Up 10°±3° 

2nd Partial Detent Up 20° ±3° 

·Full Deploy Up 47o +0° -7° 

Down 

Down 

Down 

Down 

Down 

Left 

Left 

Down 

11°9' to 11° 25' 

16.5°±30' 

180+10, ~20 

go± 1 o 

15° ± 2° 

300+20~10 

20° ± 1° 

0° to 40° +5° -0° 

.for rigging·tolerances ind instructions, see Maintenance Manual or LES-FT~l588 for 

primary controls, and LES~FT-1589 for secondaiY controls. 

001 and On 

Models 24, 24A, 24B, 24B-A, 24C, 24D, 24E, 24F and 24F-A: 14 in. aft of nose. 

VVingjack points are at sta. 264.9. Fuselage jack points are at sta. 69.8. 

Models 25, 25A, 25B, 25C, 25D, 25E, 25F, 28, and 29: 100 in. fonvard of nose. 

Wing jack points are at sta. 414.85. Fuselage jack points are at sta. 183.78. 
AJRMAN COMPETENCY!PROFJCIENCY CHEO\ 

FfoJ{ 186 

0 A;;:;"rovetl 

~pproved CHr.:CK !\I ?oMAN'S 

PERFORMANCE 

i I 
EXHllllT 

F 

~ CONFERENCE OR 

I 'TIME 

I Ocil:'fJ;/OH ------------L-------+------------

ROLJTiNC;; ''" ·"···-·----

D VISIT []TELEPHONE CALL RECORD OF 

t$,1ME {Sl OF I"ERSOr"i tS; COtJTACTED OP: IN CONFE."lEo'JCE A.NO LOC;\T!ON 

!------------ SYM20L INITIAU; 

~~~~-y H.enderson- Eecurrent L'ine Check Appl.i._c __ a_n_t ______ _ 

'i'Jal ter Ga .. rne.r- Di n;;::tc-r of. Cperat :i_on.s Ca libeL Jet:: Ch.axte r 

------------------------------------\-----+------

ZJNSATISE'ACTORY I~in,:;:; ChN~k (1.35.299) fo.r: Hr. Hohurnmed Jd.:s'i.m DIGEST LL.iL'-----------------'----____1-----j 

mechanical ct:.screpar1cies a~d MEL prcceJuces. Be~RtJse nf thi.d Mr. Jasim was given a~ 

UNSATis·r::·AC'I'ORY r~::suJ.t. on FA?. F0t·rn 13~1.0-.3. J\ft.er a brief ·Jiscus.::~on, -"i.ll p0.rtte.s bri.,:::.,fe!) -----------------

that w~ would continue the Line Check for Mr. Henderson ~nd ha7e Mr. Jasim act as SIC 0n 

this Fart 91 flight however the fliaht wo1;lri be conducted as if it were a ?art 135 flight. 

aualified to ect 0~ ~ sr~~ n1ember c~~ 

r=iii(UCSIOO-=T~OO Tm_N __ , C._'R_R_f_')-t_;i_''L-'C _____ _ 

----------------------------~ 

r

! ___ _ 

-------~-------1 [______ ----------------------------

IL ____ ,_-_~_-,-,--,--,-:-',-!.,.2(_: ____ 1--:-:-:-_L'_'"_E-:-c::-c----::i;,--:;;:---'-"-' __ ,._s_;"-'-------L'--i":c::f_~~-;~-- _l_f/"_~--/_(_,_-___ '-'_: __ :_t_~~--____ j FAA Form i 360~33 {i Oli 2) Supersedes Previous Edition Page ·1 
OiGES"7' (COW} 

I spoke with tl1s C~libe~ Jet Charter~ Dir01:to: o[ Opera icrs, Mr. Walter Garner, c n-~;ti tv 

:,;i. c.h his 

prior tc. 

~o bring them home Unier Part 91 so 

FAA Form 1350-33 ( 1 0!"12! Supersedes Previous Edi1

.ion Page 2 
Load Manifest A0~3 

Load 1\!lanifest A0~3 

,:; T Load 1\Aanifest A0~3 

A!C 

CG 23 .ti 

,:' ·· ·-)', climb 

SlC S!gn2'cura 
ij EXHIBIT 

" H 6 

~ 

!< 

~ 

iii 

~ 

June 16,2014 

This statement is based on my understanding that Beam Aviation is not under investigation, was 

not the party that contacted the FAA, and to the extent that I do not have personal information is 

based upon information and belief. 

On May 27, 2014, Beam A vi at ion booked an $11 ,700 charter with Caliber Jet. The chartered 

flight was to take place at 3 p.m. on May 28, £QJ4, aml_}Y_a~fp_r_l!_LJ'ar6Dfl:ting_from_l:lf'l'!to ___ _ 

SbCTfiefollowlng morn!ng;w!1-;;;;-calib~~Jet requested confirmation of payment, Beam 

Aviation initiated a transfer of$11,700 to Caliber Jet for the flight. Sometime between 1:00 p.m. 

to 2:00p.m., Beam Aviation was informed by Caliber Jet that a delay was likely, and that the 

reason for the delay was that a check ride was taking longer than usual due to a "snag." 

I then met the passengers at the Million Air FBO in White Plains to accompany them as they 

waited for more information. After no information was provided for more than an hour, I asked 

Caliber Jet what happened on the check ride to cause such a delay and ifthere was any 

information being withheld. No information about the circumstances for the delay was provided. 

I also asked if we could just do the trip the following morning, which was answered with "no." 1 

then informed Caliber Jet around 5 p.m. that we had lost patience and without additional 

information, the best course of action was to abort the trip. I collected the luggage, and with the 

passengers in my car I was happy to provide transportation home. 

Caliber Jet then implored Beam Aviation for more time and asserted that the flight was very 

likely to be possible in another hour or two. I asked the passengers what they would prefer to do 

and offered to take them to dinner nearby if they were inclined to wait. They decided to wait and 

accepted the offer. Roughly an hour later Caliber Jet provided an anticipated departure time of7 

p.m. 

Around 5 p.m., in a telephone conversation with a flight dispatcher at Caliber, he suggested that 

they may dispatch this flight under Part 91. After hanging up, I immediately sent a text message 

that I "did not want whole thing camped you have no reason to repo." My fear was that this 

flight was booked as a Part 135 and that if they were thinking about not charging for the night, 

they would have no incentive to reposition the flight. 

The aircraft landed at HPN, the passengers boarded and depmied 7:20p.m. 

The following day, May 29th, the dispatcher confirmed that Caliber was treating the flight as a 

Part 91 flight. l asked for Beam Aviation's payment to be returned and stated clearly that Beam 

Aviation had not received nor deposited funds for the flight. 

On June 2nd, the dispatcher sent the first of many texts saying that Caliber executives were 

investigating the trip and that this was "over his head". That day the dispatcher confirmed what I 

had been saying-- that if this flight was a Part 91 flight the customer could not be charged. 

Between May 29'h and June 6th, I made over a dozen attempts by telephone, text and email to 

communicate with Caliber. When they finally took my call! was told that all they would do is to 
give Beam a credit toward future flights. This is why I hired counsel: to seek a return of this 

payment, and I hired on June 11, 2014, prior to the first call with the FAA. 

On June 1 O'h I received an email from Michael Dean of Caliber who stated "I wanted to send you 

an email regarding your prepayment in the amount of $11,700 for a trip that ended up cancelling 

back in May. Caliber Jet will keep these funds on deposit for a future trip for your company 

Beam Aviation. These funds will not expire and may be used at any time for a trip with one of 

our fleet aircraft." 

Jeffrey M. Vasey 

Beam Aviation, Inc. 

(203) 422-BEAM (2326) 
Caliber Jet LLC 

44050 Russia Road 

Elyria, OH 44035 

(877)590-5387 

brian. zin kan®ca l i berj et. com 

http:/ /caliberjet.com 

05/28/21.}]4 Land·ing and Ramp Fees 

05/28/20i4 iPilot Per Diem Fees 

Caliber Jet, LLC Wiring Information: 

Recipient: Caliber Jet, LLC 

Bank: PNC Bank (440) 871-1400 

Address: 2015 Crocker Road, Westlake, OH 44145 

Account No,: 4244180667 

Routing No.: 041000124 

05/28/2014 

Due on receipt 

1 

140201 

250,00 

1 co.oo 
CALIBER JET, LLC 

Caliber Jet, LLC 

44050 Russia Rd. 

Elyria1 OH 44035 

440-420-4000 (Phone) 216-539-9552 (Fax) 

cu rtis@caliberjet. com 

Prepa~:edFor 

BEAM AVIATION 

Jeffrey M. Vasey 

Date ETD Departure City 

05/28/2014 03:00PM WHITE PLAINS, NY (HPN) 

Charter Quotation 

1"1oC:''·"·'· ·:'.';;'2'/:'2014 C7:C·8p<n 

Pl"i''•t:-cd S.'5/27.:2C1'; G!:C2pl'n 

Q~ote l'lomber: 13959 

Date Rsq~este<!l: 05/27/2014 07:08pm 

Salesperso~: CURTIS 

Travel Date(s): 05/28/2014 

Aircraft; 

Page: 

N929SR · LEARJET 60 

1 of 7 

Attention: Jeffrey M. Vasey 

Phone: 1-203-422-2326 

Fax: 

Emaill: jvasey@beamaviation.com 

Arriva~ City ETA Pax ETE SM 

SCOTISDALE, AZ (SDL) 

Aircraft Charter 

Fuel Surcharge 

Landing Fees 

Pilot Per Diem 

SUBTOTAL 

GRAND TOTAl 

05:12 

1 

05:24PM 0 

Rate 

3,000.00 /hr 

350.00 

05:12 2,140 

OS: 12 2,140 

Amount 

8,650.00 

2,700.00 

250.00 

100.00 

11,700.00 

$11,701J.Il(l 
CALIBER JET, LLC 

Caliber Jet, LLC 

44050 Russia Rd. 

Elyria, OH 44035 

440-420-4000 (Phone) 216-539-9552 (Fax) 

cu rtis@caliberjet. com 

Prepared For 

BEAM ll VIATION 

Jeffrey M. Vasey 

Charter Quotation !' .. loCi. c:! ,,;:.;::'.7,i2Gl'"- ;)7:c:sv=' ?r:n;:~.,,J: '~·.'::i2'7!2'J1'1· C'f':~~·Sr:1n 

Quote Number: 13959 

Date Requested: 05/27/2014 07:08pm 

Salesperson: CURTIS 

Travel Date(s): 05/28/2014 

Aircraft: 

Page: 

N929SR- LEARJET 60 

2 of 7 

Attention: Jeffrey M. Vasey 

Phone: 1-203-422-2326 

Fax: 

Email: jvasey@ be a maviation .com 
CALIBER JET, LLC 

Caliber Jet, llC 

44050 Russia Rd. 

Elyria, OH 44035 

440-420-4000 (Phone) 216-539-9552 (Fax) 

cu rtis@ca liberjet. com 

Prepared For 

BfAM AVIATION 

Jeffrey M. Vasey 

Disc!aimer(s) 

DEFINmONS: 

Charter Quotation ;"!cd:f:,:~c:: OS/2 7I2Gl·+ l~-': 08prn 

Pr:~.t.-~d: C!S/2-;·'/'2Glr-~. ;)7:C8p!"'"l 

13959 

Data R,equ,ested: 05/27/2014 07:08pm 

Salesperso~: CURTIS 

Trav,el Da!s(s): 05/28/2014 

Aircraf:l:: N929SR- LEARJET 60 

Page: 3 of 7 

Attention: Jeffrey M. Vasey 

Phone: 1-203-422-2326 

Fax: 

Emall: jva sey@ be a maviation .com 

Parties- The two parties who are entering into this agreement are "Charterer'1 and Caliber Jet1 LLC (CJ) 

Charterer- The individual or entity requesting the charter service. 

CJ -The Com·pany providing the service. 

PRICES AND PAYMENT TERMS: 

ALL PRICING IS STATED ON A 4% CASH PAYMENT DISCOUNT. Prices do not include catering, ground transportation, Federal 

Excise Tax (FET) if applicable, segment fees if applicable, unscheduled overnights, FBO call out fees, or additional fiight time 

due to diversion for weather or other reasons beyond the control of CJ, de~ice charges or hangar charges due to inclement 

weather or other special services as requested. If aircraft is damaged by Customer, Customer will be charged for the cost of 

repairs plus the cost of lost use of the aircraft at the aircraft's minimum daily rate. Service items will be billed at actual cost 

plus 15%. CJ will select FBO's at each airport on this itinerary. If Customer requests a particular FBO, a surcharge may be 

applicable. If Customer is a BiOker it is agreed by CJ and Broker that the Broker is responsible for the collection and payment 

of all taxes including; Federai Excise Taxes, Segment Fees, or any other applicable taxes whether federal, state, or local in 

nature. All charter flights must be paid in full 1 business day before the departure of the aircraft via certified funds, wire 

transfer, or credit card. If prepayment is not received CJ reserves the right to charge the credit card and the Customer will 

forfeit the 4% cash discount. Full payment for any incidental charges is due upon r~ceipt of in'(oice. In the event that it is 

necessary for CJ to bring any actlon to collect any monies due J:ereunder,it sha!! be entitled to recover a·n attorney's fees that 

it incurs in doing so, including fees on appeal or in bankruptcy. ~ ·· ··· 

AIRCRAFT AND PET CLEANING FEES: 

All CJ flights are non-smoking. If the aircraft is soiled (i.e. wine spills, ink marks) or damaged beyond normal wear and tear 

conditions (broken tables, scratched cabinetry) the Customer will be charged at actual cost of cleaning or repairs plus the 

cost of lost use of the aircraft at the aircraft's minimum daily rate and that total will be reflected o·n the final invoice. Pets are 

not permitted on flights unless with the prior approval of CJ. If CJ a !'lows Customer to carry pets on-t!1e·aircraft1 there will be 

a cleaning fee charged at actual cost that will be reflected on the fin"al'invoice. .. , , 

GENERAL: 

This charter estimate is aircraft size specific (light) but not model or tail # specific. Should the need arise to change aircraft, 

CJ reserves the right to substitute equipment (aircraft) of similar capacity while maintaining the service contracted for, at no 

additional expense to the Customer. The Customer shall be informed of any such change prior to flight with as much notice 

as possible. Aircraft are not held on estimates. The estimate is based on aircraft and cre\r\' availability. Flight is not confirmed 

until all completed paperwork is received and confirmed by 0. Passenger oxygen whether medical or otherwise is not 

permitted unless approved and supplied by CJ. Due to FAR and safety regulations passengers must be able to embark and 
CALIBER JET, LLC 

Cal'lber Jet, LLC 

44050 Russia Rd. 

Elyria, OH 44035 

440-420-4000 (Phone) 216-539-9552 (Fax) 

curtis@ca liberjetcom 

Prepared For 

··BEAM AVIATION 

Jeffrey M. Vasey 

Charter Quotation rv:u·:·1!'iv~: C:'.-":27/?.GlJ 07:8Sprn 

Pri~l:c•J· G.::t27i2Jl4 G?:OSpl'il 

13959 

Dale Request·ed: 05/27/2014 07:08pm 

Sa~ss[person: CURTIS 

Trav•l Date(s): 05/28/2014 

Aircraft: 

Page: 

N929SR - LEARJET 60 

4 of 7 

Attention: Jeffrey M. Vasey 

Phone: 1-203-422-2326 

Fax; 

Emai~: jvasey@bea maviati on. com 

disembark the aircraft on their own. If they do not meet these criteria CJ cannot operate the flight and Customer will be responsible for 100% of the cost of the flight. Additional technical stops may be required for fuel, customs or other operational reasons. Upon acceptance of terms and conditions listed herein, this document becomes a legal and binding contract between the two parties. 

PASSENGER IDENTIFICATION: 

Photo ID's are required by all passengers for aU fl\ghts. For international fl'lghts correct passenger travel documentation is required. Customer is liable for any fines, penalties, cancellation penalties or other costs arising from incorrectly documented 

passengers or non-approval of passenger(s) against TSA no-fly lists. On International flights CJ must be provided a clear legible passport copy for all passengers and itinerary details must be provided at least 24 hours in advance. Baggage: Certain items are prohibited fiDrn being carried on board a·lr carrier aircraft by federal regulation. Passengers are advised to check the current list of prohibited items on the Transportation Security Administration's website (www.tsa.gov) for further information. Carriage of any fire arm will require prior permission from the carrier and restrictions may apply. 

CANCELLATION POLICY: 

Confirmed one- 1

Nay reservations, including multi-leg one-ways, will be charged a cancellation fee of 100% of the quoted price. Confirmed domestic round trip reservations cancelled less than 48 hours prior to departure will be charged a cancellation fee of 100% of the quoted price. Confirmed international round trip reservations cancelled less than 72 hours prlor to departure will be charged a cancellation fee of 100% of the quoted price. Confirmed reservation falling on or within 2 days prior or 2 days after the following holidays will be charged a cancellation fee of 100% of the quoted price: New Year's Day, Presidents Dayr Easter, Memorial Day, Independence Day,_ Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day. 

NO SHOW POLICY: 

A no-show will be charged the full amount of the quoted price. Your aircraft has been scheduled for a specific departure time. Please be aware that the aircraft may be booked prior to your departure and after your scheduled arriv·a-1 time. If the Customer is 1 (one) hour late from the scheduled departure time on t~e .itinerary, it will be considered a no-show and CJ 

reserves the right to depart and the no-show policy will be enforced. 

ITINERARIES AND TRANSMITIAL OF CHANGES: ,,~ 

Flight schedules, including departure times must be determined at the time of confirmation. Please be aware that the aircraft 

may be booked prior to your departure and after your scheduled arrival time. Departure times are subject to change by CJ for operational reasons. Itinerary changes are permitted, but subject to aircraft and crew availability and subject to price adjustments. Acceptance of changes to the itinerary is at CJ's sole discretion. In the event changes are not accepted by CJ and the flight is cancelled, CJ's cancellation policy will be enforced. Notification of changes and/or cancellations must be in writing and transmitted by telefax to (440) 348-2401 or by email to charter@caliberjet.com. Receipt of changes must be acknowledged and confirmed by CJ charter 
CALIBER JET, LLC 

Ca Jiber Jet, LLC 

44050 Russia Rd. 

Elyria, OH 44035 

440-420-4000 (Phone) 216-539-9552 (Fax) 

curtis@ca liberjet. com 

Prepared For 

BEAM AVIATION 

Jeffrey M. Vasey 

department. 

POTENTIAL FUEL STOPS: 

Charter Quotation 

!'k·clif'''.:< · '

1/2.i:J 1~1 C7: Df:pt;1 

P'F1te:· GS/2 7 :'2lll"1 G/-:CSP'Il 

13959 

Date Req~ested: 05/27/2014 07:08pm 

Salesperson: CURTIS 

Travel Date(s): 05/28/2014 

Aircraft: N929SR- LEARJET 60 

Page: 5 of 7 

Attention: Jeffrey M. Vasey 

Phone: 1-203-422-2326 

Fax: 

Email: jvasey@bea rna viatio n .com 

Actual weights ·af expected passengers or current weather conditions on a trip may require a fuel stop. A final determination 

will be made prior to departure. 

RESPONSIBILITIES Af\JD P.ARTIAL COMPLETION OF FLIGHTS: 

CJ shall not be liable for any injury, damage, loss, expense1 or special consequential damages, or other irregularity caused 

by the defect of any vehicle or conveyance, or the negligence of any other company or person engaged in conveying the 

passenger of carrying out the arrangements for this trip or by accident, delay, flight schedule change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause. CJ's liabifity shall in any case be limited to the amount paid to CJ, and 

any claim shall be adjudicated in and governed by the laws of the State of Ohio. 0 is not liable for additional expenses 

incurred for replacement of transportation Jn the case of mechanicals. In the case of mechanicals, CJ's original charges apply only i:Jn the portions of the flight completed. In such cases CJ's charges apply only upon portions of the f!ight completed. If a flight does not reach its destination due to weather, charges apply to any destination reached and return fl'lght of the aircraft 

and crew (with or without passengers) to home base. 

OPERATIONAL: 

Aircraft owned or leased by CJ are operated under FAR Pari: 135 Air Carrier Certificate# 7CJA702M, Contracted aircraft are operated under their respective FAA Part 135 Air Carrier Certificates, ·m which case Customer shall hold harmless and shall 

indemnify CJ against any and all losses. 

INVALIDITY: , . , .'· . , , .. , , . . . . , """ If any provision of this agreement is deemed to be invalid or unenforceable for any reason, the remainder of the agreement 

shall be enforced as if that provision were not included herein. 

****Please sign this contract, notifying Caliber Jet 

with your signed paperwork 

that you have read and understand the Terms and Conditions, and return 

BEAM AVIATION 

Company Na:e: __ /':-c:A~ ~":i~f"-::--------------

Signature: ~ / 

Printed Name: __ J_E_F_F_V_A_s_J_Y ___________ _ 
CALIBER JET, LLC 

Ca fiber Jet, LLC 

44050 RussiCJ Rd. 

Elyria, OH 44035 

4411~420-4000 (Phone) 216-539-9552 (Fax) 

curtls@callber}et.com 

Prepared For 

Charter Quotation 

io·lo:;.dlf!r,:.j: 05/27,!2014 07:0Hn1 

Frintr:d: C5i27/2:Cl4 07:0SPI"l 

Q~ote Number: 

Date Req~estell: 

Sa~esperscn: 

Trave~ Date{s): 

Alrcraft: 

Page: 

13959 

05/27/2014 07:08pm 

CURTIS 

05/28/2014 

fi929SR - LEARJET 60 

6 of 7 

--- - BlEAM A\ITATION 

Jeffrey M. Vasey 

· Attent;o~: -----5el'fi'ev-·M:-va5ev · 

Phone: 1-203-422-2326 

IF ax: 

IEmai~: jvasey@beamaviation.com 

caliber Jet, LLC Wiring Information: 

Recipient: LLC 

Bank: 

Address: 

.a,ccotmt No.: 

Routing No.: 

Swift Code; 

All flights must be secured with a credit card. All flights ~re qU8ted with a 4%· CASH ,dJsc.~unt If 'paid by wlre, this amount wlll be added in if payment is by other means. A copy of the front and_ back of the credit card 8long'With a valiq government issue ID must be submitted along with the signed agreement prior to COmmencement of the flight. 

y Expiration Datec ________ Security Code:--------- ,- --· _.;- -" 

Nameonca~: __ J_E_F_F_R_E_Y_V_A_S_E_Y _____________ ~ 

145 PORCHUCK GREENWICH CT 06831 Billing Address:-----------------------
CALIBER JEf, LLC 

Caliber Jet, LLC 

44050 Russia Rd. 

Elyria, OH 44035 

440-420-4000 (Phone) 216-539-9552 (Fax) 

cu rtis@ca llberjet. com 

Prepared For 

BEAM AVIATION 

Jeffrey M. Vasey 

Chart,er Quotation r-:o.:-J<~,,~-·; 0:3'27i2rJ14 07:0f;p!il 

fYnt-'"d' :)S/27i2Gl4 07:C8prn 

Q~Jote Number: 13959 

!late Raq~es"ted: 05/27/2014 07:08pm 

Sa~e:sperson: CURTIS 

Travel !late(s): 05/28/2014 

Alrcraft: N929SR • LEARJET 60 

Page: 7 of 7 

Attention: Jeffrey M. Vasey 

Phone: 1-203-422-2326 

Fax: 

!Email: jvasey@bea maviation .com 

Phone Number:----------------------------------------------

Signature of Card Holder: ----~-=s:;;::L__: ~::#h __ ---T-_-:1:__ _________ _ 

/ Date:_~M~A~¥~'2~7~2~0~14__: _______________________________ _ 

-,' ,'·' 
Pay To Cali-':;er Je-1 

(1'-Jo Group) 

Pay From Operating account(.. 14'73) 

Amollnl: ($1lSD) 1170!}.00 

Schedufed On ij' 05/2812014 at 10:36 A,hl ET 

Serncl:OnS 5/28/2014 

Deriver Byij 512912014 

Payment methodii ~. 

'M' Adder~daij hpn ;;dl 

12J455iBJ 1.:::34se7eg.: 1.23456?8·~: 123--1.5-3782-1123-;s,sn?' l234S67SJ 1 ll34-5E7891123*':56789 i l~ :::; ·~ ;:: ~j ;;:~ .,~ ~!] 

Status~ Pai•:1: Your paymenth:Js been paid to your pa.ye<S 

s.t.bmittect b.y Mmlnistrator. 05/281'2014 

Last modffle-d by Not Available. 05J29/201 ¢ 

Ap-p.ro-ved by Not Available 

TrnnsaciJon Number 4!;}62632.583 
Ca!i1bcw( ,LLC 

l'ilot !l'light lmd Duiy Repowt 

05/10 j /14 - 05/31/141 

Pilot's Name: d-IENJDERSON, LARRY[) 

Pilot: -"L-'-D"-H'------.-:::--=:----· 

Duty Time ------;U-;I;l'y -~-BI-oc_k_T-in;-;, 

Non" R~n~on FAR 

Date 

___ Log ff Legs Aircraft J Begin End Total Flight Code 91 135 

05/01 OFF 

05102 orr 

05/03 OFF 

05/04 OFF 

05/05 140163 

05/06 

05/07 

5107 

05108 

l/09 

5/10 

05/t 1 

05112 

05/t3 

05114 

05/(5 

05/16 

05/17 

05/(8 

05/19 

05/20 

05121 

05/22 

05/23 

05/24 

05125 

05126 

05/27 

''15/28 

15/28 

!V)29 

140163 

140165 

140163 

140201 

140200 

140181 

1401ll2 

N929,')R 

N929SR 

3 N929SR 

J N929SR 

( N929SR 

3 N929SR 

1 N929SR 

1 N929.Ci:R 

15:00 5:30 

12:00 5:00 

12:00 5:00 

14:00 20:00 

18:40 0:04 

14.5 

17.0 

17.0 

6.0 

5.4 

orr 

OFP 

OFF 

ow 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

3.8 

1.2 

5. I 

2.7 

3.7 

3.9 

2.7 

--

Total 

6.5 

1.2 

5.1 

2.7 

3.7 

3.9 

Hams 

Prior 

Rest 

15.0 

Prior 

Number 

Days off 

6 

19 

TakeOtl's 

Day Night 

I 

2 

I 

1 

-

' 

Lm~ding s Day: Nigh

2 

1 

1 

)30 

v:5/3! !40202 

--

1 N929SR 16:00 23:30 7.5 3.2 3.2 

486,5 

7.0 

9.0 

22.7 

16.( 

----------·~----~~-

Sub-Total 11 67.4 2 

Days IUcND~RSON, LAIW.Y D Flight HllNDEUSON, LAI 

Off Month: 24 Time Month: 26.3 I Totals Quarter : 2Q 39 Totals Quarter• : 150.Q 

I st 2nd Jrd 4th 1st 

~Year to d:~tc: 89 Beginning; 01/01/2014 Year to date : 24(]1.:5 

-----

! T certifY thai the above information, to the best of my knowledge is correct: 

--

)A 5.9 26.3 

lRV IJ 

89.7 

2nd 3n1 4th 

Beginning: 01/01/2014 

25 61523

* FAR (135.247) Expirat!on 

Day: 

Night: 

' / 'J' 

l/<~~ 

Date: 
Pilot's Name: .IASIM, MOHAMMED 

Pilot: !VU 

Date Log# 05/0_1 ____ 

05/02 

05/03 

05/04 

05/05 

05106 

05/07 

5/08 

05/0!) 

- 5/09 

SilO 

05/tl 

05/12 

05/13 

05/14 

05/15 

05/16 

05116 

05/16 

05/17 

05/17 

05/lg 

05/19 

0512.0 

05/20 

05/21 

05/2,2 

05/2] 

"'5/24 

,5/25 

(l'1/26 

127 

\J.-i/2.8 

05/2H 

05/2!) 

05/3() 

05/31 "·"~' 1401Gft 140167 140168 140169 140174 140174 140174 140174 140166 140183 140178 140184 140185 140190 140171 14011\0 140.189 140201 140200 l<IOUn 140182 

Sub-Total 

Legs Aircraft 

N929SR 

3 N929SR 

I N929SR 

2 N929SR 

N929SR 

N929SR 

2 N929SR 

I N929SR 

I N929SR 

3 N929SR 

I N929SR 

), N929SR 

2 N929SR 

I N929SR 

4 N929SR 

N929SR 

N929SR 

I N929SR 

3 N929SR 

I N929SR 

I N929SR 

-

:10 

Hays .IASIM, MOIIAMMJW 

Of!' Month: 16 

'J'ota!s Qunrte1·: 52 36 

l st 2nd 

Y ca.r to dnll:e : H!l Beginning : 

--

Duty Time 

Begin End 

13:00 0:30 

19:00 4:00 

14:00 0:30 

13:00 2:30 

19:311 3:00 

18:011 23:00 

I LOO I :30 

12:00 5:00 

12:00 5:00 

14:00 20:00 

18:40 0:04 

3rd 4th 

NonTotal Flight 

ti.S 

9,11 

10.5 

13.5 

7.5 

5,0 

14.5 

t7.0 

17.0 

6.0 

SA 

ll6:54 

Calibl)r( ,LLC 

l'ilot Flight and Ilinly Report 

05/0l/14- 05/31/14 

Duty 

Remson 

Code 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

OFF 

OPF 

orr 

OFF 

OFF 

OFF 

orr 

OFF 

OFF 

OFF _,. 

--~--

Block lime flow 

FAR Pli01 

91 ~lc;t;] Rest 

--- --

-

1.2 SA 6.Ci 

1.2 L2 13.0 

2,1 4,4 6.5 

l.5 2.6 •U 91.0 

1.2 l.2 

2,6 2.6 

Lll 2,9 4,7 14.0 

2,5 2,5 

2.3 3.5 5.8 13,0 

J.J 3,8 5. J 17.0 

Ll l,j 15,0 

4.9 4.9 

11.0 

1.1 l,j 

5.1 5.1 180.0 

2.7 2.7 7,0 

3.7 3,7 9,0 

J.!J 3,9 22.7 

Prior 

Number 

Take01t1s Lan~ling's Days off Day Night Day Nigh

t8 

2 

6 

I t 

27 8 I 7 2 

-----

30: l2 32:31i 62:43 

AMMim 

·--.-

~;] JASIM, Ml uc Month: t&: tals Quarter: 

Yem· to date: 256:11 I Night: 

8 ~:42 )06:24 

I sl 2nd 3rd 4th 

Beginning: 

* F'Alll (13!~.247) Expir~t~on J certi"ly that the above lnl'ormation, to the best of my knowledge is correct: /) .~?" D. fl.y: 

/t>/;/ 

c:._f.,/~!~- Df1tc: 
•··· "jM Recon:! 

loATE:o.t-nf.,..fct A/CN#: _ Pic: ,Lf.Je:,rJe,.f<fN-. 

>:'AIRFRAME '"'' 

•ig HOURS_ LANDiNGS ... HOUf{S.N·.CYCLI;S 

TO WHE- <11..2:1 

r1-11s PJl..GE 1 1 - --J--

TOTAl I 71 J. 'S. I I 5 s H' 

-

I'', Type·------ 911 ·135 L@ 1 11s . 1 1 135 

' Leg If. 1 2 3 4 

I PILOTIFLYING {S) 0>J S -::rm- S - rp,- S ;:::gnt:\11 G"" ... 

Flig

lsoc' , 

ENGINE #2 · · y,,, 

HOURS I .. ,. !;IOI)RS·.idc,cY

__.--' i I 

______..- L i 1 

----··-· I i:p 

g111:!s e1 1 135 VOR 

5 6 PLACE _ 

p S P S NAV1+/· i/ 

DATE 

I TOTAl BLOCK j I. T --- ---- . . 

NIGHT"r!ME TI_L - [- 1- I t=fij lAS L...

... J \!j_L_:-_l__ _ __ ENGINE E\ 

FUEL -"!i! v II_ . fkti1:l.9_' _L ---·-·-r--==1 OIL PRESS! r FUEL BURN - 1-Z..LO 

__ ____ f__fl_ ----- -----;;:---- L N1/ N2 : 

----------------. -- ef:¥ ---- . ----,- 

oil Added 

1 1·+o:wo i J .•... 

4·9 i I 

[nip# FHight IN:n 200 # 

n;. dP.s y t(f. v_1 l!_j- 

W) I N _'(___/_jl - -·-y I N v I N I 

L 

[Th@V9 

! P\C 

c:: 

FORM A-01 

t Req'd y f /(@ _j__y __ l ·-22·27 L_

2a-ss . I 

:t ihe flight assignment and all noted on form A·D2. 

,.,::::---- ,..,..,:::::;::. . 

----·-

_______ 

_ _..-"'e"'"C/ 

Date: ,05-2$·-
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

D085 . Aircraft Listing 

Operations Specifications 

HQ Control: 02/06/1998 

H Q Revision: 02a 

a. The certificate holder is authorized to conduct operations under 14 CFRPart 135 using the 

aircraft identified on this operations specification. 

---negrstr-atton No-. 

.. 

Serial No. Aircraft MJM/S 

Nl22LX 030 LR-55-55 

1. Issued by the Federal Aviation Administration. 

2. These Operations Specifications are approved by direction of the Administrator. 

Digitally signed by Hal M. Allen, Principal Avionics Inspector (EA39) 

[I] SUPPORT INFO: Removed N24NW & N862PA 

[2] EFFECTIVE DATE: 12/3112014, [3] AMENDMENT#: 16 

DATE: 2014.12.3109:10:27-06:00 

3. I hereby accept and receive the Operations Specifications in this paragraph. 

Digitally signed by steven L pawlak Jr. on behalf of Pawlak, Steven, Director of 

Maintenance 

[I] SUPPORT INFO: Removed N862PA & N24NW 

DATE: 2014.12.24 07:52:52 -06:00 

Caliber Jet Charter LLC D085-l 

Arndt. No: 16 

Certificate No.: 7CJA702M 
U.S. Department 

of Transportation 

Federal Aviation 

Administration Operations Specifkations 

]1}0§5 • Aircraft Listing HQ Control: 02/06/1998 

HQ Revision: 02a 

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

aircraft identified on this operations specification. 

Registration .. No. Serial Nn . Aircraft ~I/J\11/S . .. -~ --· 

N24N\V 037 LR-35-A 

Nl21LX 030 LR-55-55 

iNS62PA 014 LR-60-60 

!N929SR 144 LR-60-60 

1. Issued by l1.e Federal .~_._viation Administration. 

2. These Operations Specifications are approved by direction of ilie Aili-ninisrrator. 

Digitally signed by Hal fvL Allen, Princlpal Avionics Inspector (EA39) 

[l] SUPPORT Ii'JFO: Addition ofi'·J862PA to certificate 

[2] EFFECTIVE DATE: 10/3/2014., [3} _A_fvlEND~fENT #-: 14 

DATE: 2014.10.03 07:28:43-05:00 

3. I hereby accept and receive the Operations Specifications ln this p8ragraph. 

Digitally signed by steven L pavvlak Jr. on behalf ofPavirlak, Steven, Director of 

lYiaintenance 

[I] SUPPORT DTFO: Added LR60 N862PA 

DATE: 2014.09.29 12:36:07 -05:00 

' 

Caliber Jet Charter LLC D085-l 

Amdl. No: 14 

Ce1~Jficc:e No.: 7CJA702M 
$ ~r iZ 

" I~ ,. 

c 

~ 

TIME ~ RECORD OF D VISIT D CONFERENCE OR I6J TELEPHONE CALL 

9:12 AM 05/13/2014 

NAME {S) OF PERSON (S) CONTACTED OR IN CONFE,~ENCE AND LOCATION ROUTING 

Walter Charles Garner, Director of Operations SYMBOL INITIALS 

Caliber Jet Charter 

. . 

SUBJECT 

-Ur:.g-e.n-L Check Rides- --------- ---- ------ -------- ---------- -------- ------------ -------- - --------

DIGEST 

Mr. Garner called to make an urgent request for 14 CFR 135 checks for Hoharruned Jasim and 

I Larry D. Henderson. He said both pilots' currency would lapse under 14 CFR 135 if they did 

not get their checks by the end of the month. He said they needed this crew for the 

Lear-60, and his company could not afford to have the Lear 60 down for 14 CFR 135, it would 

put them out of 'qusiness. He said if I could find an Inspector willing to conduct -:=he 

checks on short notice, Caliber Jet Hould fly the airplane and crew to the location of the 

Inspector. 

* Subsequent calls through dates approximately one week after this call were made to 

coordinate the checks with FAA Inspector Wilkins and Mr. Garner. Inspector Wilkins 

conducted the checks in Farmingdale, NY on May 28, 2014. 

CONCLUSION, ACTION TAKEN. OR REQUIRED 

DATE TITLE SIGNATURE 

,, -;{ tl I , /~l{ I. ' 

05/13/2014 Aviation Safety Inspector /' I I (. .,0Jt/\i JFAA Form 1360·33 (10/i2) Supersedes Prev1ous Ed1t10n I' I Page 1 
CERTIFICATE OF SERVICE 

I hereby certify that on this f-!'1- day of August 2015, copies of the foregoing 

Agency's Motion for decision or in the alternative to limit the hearing to the issue of sanctions 

has been served upon the following via Federal Express: 

AUG 4 2015 

Dated: _____ _ 

Hearing Docket 

A:ttenHoiiHearingDocketciei:k 

Federal Aviation Administration 

600 Independence Avenue, SW 

Washington DC 20591 

Wilbur Wright Building-Suite 2Wl000 

Washington, DC 20591 

Hon. J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E., (Ell-310) 

Washington, DC 20590 

Michael Asseff, Respondent's Counsel 

29550 Detroit Road 

Westlake, OH 44145 

Enforcement Division, Northeast Team 

1 Aviation Plaza 

Jamaica, NY 11434 

(718) 553-3255 telephone 

(718) 995-5699 facsimile 

9