### ,, ,I,**J~** -,.: L 

### ' 1**r~·** 1 , : ,••J I: l.,j. ]:) In The Matter Of: HELOAIR, INC., Respondent. 

# RECEIVED U.S. DEPARTMENT OF TRANSPORTATION 

## AUG 132012 

## HEARING 

# DOCKEi OFFICE OF HEARINGS

WASHINGTON, D.C. ) ) ) ) )


### MOTION TO DISMISS Docket No. FAA-2012-0472 Case No. 2011-EA-210081

Pursuant to Section 13.208 ofthe Rules ofPractice in FAA Civil Penalty Actions, Respondent, HeloAir, Inc. ("HeloAir"), by its undersigned counsel, hereby moves to have the Administrator's Complaint Dismissed in its entirety. Counsel for the Administrator has agreed to
an extension oftime to file a Motion to Dismiss and an Answer in response to the Administrator's Complaint. HeloAir is the holder ofAir Carrier Certificate No. RW8A341W. HeloAir maintained and operated a Bell 427 aircraft, serial number 56025, registration number N7NU (hereinafter "the aircraft") beginning on May 18, 2007. On that date the aircraft was purchased by Full Service, LLC ofWashington, D.C
.. Prior to this date, the aircraft was owned by Bell Helicopters and was initially registered as N427KP and then was registered as N7NU on April24, 2007. The basis forthe allegations in the Complaint surround the installation by Edwards & Associates, Inc., a wholly owned subsidiary ofBell Helicopters (now known as Bell Helicopters, a Textron Company), ofa Gannin GPS 496 on the aircraft. This installation occurred on April 10, 2007. (See log book entry, whichis attached as Exhibit A). At the time ofthis installation, the aircraft was owned and operated by Bell Helicopters. Theinstallation took place in Bristol, Tennessee. HeloAir denies that it installed the Garmin GPS 496. HeloAir also denies that it operated or maintained the helicopter on April 10, 2007.

(W2042430.1 009816·084619}

### Upon taking over the maintenance and operation ofthe aircraft on May 18, 2007, HeloAir reasonal:>ly relied upon the expertise ofEdwards & 

### Associates, Inc., FAA Repair Station FKFR930D for the installation ofthe Garmin GPS 496. HeloAir also reasonably relied upon the Federal Aviation Administration, which following HeloAir taking over the operation and maintenance ofthe aircraft, inspected the aircraft on
numerous occasions and flew in the aircraft on numerous check flights. (See attached list ofFAA inspections and FAA check flights involving the aircraft, which is attached as Exhibit B). At no time during these numerous inspections and check flights, did the FAA notify HeloAir ofany irregularities or defects regarding the installation or operation ofthe Garmin GPS 496. The installation ofthe Garmin GPS 496 has 

### been conducted in a similar fashion on numerous (hundreds) aircraft ofvarious makes and models across the Country and has been approved by the FAA. The Administrator's Complaint was filed on or about May 17, 2012. HeloAir denies the allegations ofthe Complaint in its simultaneously filed Answer. HeloAir was not advised ofthe reasons for the proposed civil penalty until November 3, 2011, which was the date ofthe Administrator's Notice ofProposed Civil Penalty. (See attached Notice ofProposed Civil Penalty, which is attached as Exhibit C). The time between the alleged improper installation ofAprillO, 2007 and the Notice ofProposed Civil Penalty, date of November 3, 2011, is approximately four (4) years and seven (7) months. This is clearly beyond the time limitation oftwo (2) years in Section 13.208 ofthe Rules ofPractice in FAA Civil Penalty Actions. HeloAir requests that the Complaint be dismissed with prejudice and that it be awarded its fees and costs as it did not install the Garmin GPS 496 and the claim was not timely. HeloAir

{W2042430.1 009816-084619}

# --------------

# .........

respectfully points out that there is no good cause for such a delay, and that the public interest does not warrant the imposition ofany civil penalty under the circumstances.

Dated: August

# _J_, 2012

{W2042430.1 009816-084619} Respectfully submitted, 

### SANDs ANDERSON 

### PC

hn G. Butler, III, Esquire (VSB # 46200) 

### Counsel for Respondent 

### SANDs ANDERSON 

### PC Bank ofAmerica Center (DCB # 460969)

1111 East Main Street, Suite 2400 Richmond, Virginia 23219 Telephone: (804) 648-1636 Facsimile: (804) 783-7291

# --------------........

CERTIFICATE OF SERVICE I hereby certify that I have this date mailed, by United States mail, postage prepaid, an original and one copy ofthe foregoing Motion to Dismiss addressed to: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attention: Hearing Docket Clerk, AG0-430 Wilbur Wright Building-Suite 2W1000 And further, that I have this date mailed, by United States mail, one copy ofthe foregoing Motion to Dismiss addressed to: Zachary M. Berman, 

### Complainant's Counsel Office ofthe Regional Counsel; AEA-7 Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, New York 11434 Telephone: 718-553-3258 Facsimile: 718-995-5699 The Honorable J.E. Sullivan, 

### Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, D.C. 20590 Telephone: 202-366-2132 Facsimile: 202-366-7536 Whit Baldwin, President HeloAir, Inc., 

### Respondent 5721 Gulfstream Road Richmond, Virginia 23250 Telephone: 804-226-3400 Facsimile: 804-226-3494

Dated: August

# j_,2012

(W2042430.1 009816-084619}

# 422_461**RC~FTMODEL** ·SERIAL NO. REGISTRATION NO. OWNER 

## 4'3-'1**S~o~S** 

# N'f'J. '1 

# K 

# f 

# <eJwML&**+~~s~~~** ILOT DATE TYPE OF ACFT.HRS. ENG. STARTS TORQUE LANDINGS POWER ENG.1 ENG.2 FLIGHT ENG.1 ENG.2 g,_VENTS ASSURANCE :

## ~ TORQUE 

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### i l : i / 

# v 

# . I ' N2 ! : 

# v i . ./ 

# . OA'I' 

### i TOTAL FOR THE DAY 

# . i PA• 

### I ! I AIRCRAFT & ENGINE AIRCRAFT ENG. HOURS ENG. CYCLES TORQUE LAND.INGS I CERTIFY TI'IAT THE DAILY 'LIGHT HRS I CYCLES /RIN HOURS ENG.1 ENG.2**EN~.1** ENG. 2 EVENTS INSPECTION WAS COMPLETED

·;· 

### 1'0'7 

## •1 ll01·"1 .! ACCORDING TO THE 'OTALS BROUGHT FORWARD: 

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## '7 Jlfd.. 

## i**l't~ flo~**  

### Iloa. . MAINTENANCE MANUAL. fOTALS FOR TODAY: i 

# y . 

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# v : 'CCUMULATIVE TOTAL: 

### j : NEXT SCHEDULED 

# v ' NAME & CERTIFICATE NO. INSPECTION DUE: 

### ! ' TYPE INSPEcTION 

# /I I (50, 100, ETC.) DATE:**~r-NU~~SPECTION** 

# / 

# I : 

### i _.;;_ ! PILOTS AND MAINTENANCE RECORD PILOTS ENTER DISCREPANCIES- MECHANICS ENTER ALL·MAINTENANCE PERFORMED FLIGHT REMARKS DISCREPANCIES 1 N4.27KP S/N 56025 W/0 C07134EA, C07642EA 4-10-07 COR RECTI\ ACTION ACTT .107.7 #1 ENG TSN 107.7 CYCLES 142 #2 ENG TSN 107.7 CYCLES 142 TQ EVENTS 162 LANDINGS 162 2 Performed baroscope Inspection ofTransmission Assembly P/N 427-040-006-113 SIN A-52 TSN 107.7 and T/R Gearbox Assembly P/N 427-042-400-105 SIN A-65 CORRECT"' TSN 107.7· per Bell's Engineering recommendations per BHT e-mail dated 12-13-06 ACTION due to long term Inactivity. No defects noted. ·----END----- 3

# ~I PARTS AND SERVICES SOLD OR CORRECTIV PERFORMED CONFORM TO BELL**ACTI~N** 

### '/"-. 

# ""' APPROVED PARTS STANDARDS, INSPECTOR-FOR-..- CURRENT BELL PUBUCATIONS 4 EDWARDS & ASSOCIATES, INC. AND FAA REQUIREMENTS. BRISTOL, TN 37625 CORRECTIV FAA REPAIR STATION FKFR930D ACTION 5 

### EXHIBIT ( RREC'tiVE 

# I

# ~ ACTION 

### HELICOPTER LOG BeD Helicopterii§lht•:**A~el'kdiC** 7861 55349 REV 195 P0$1 OfFICI BOX 412: • FORT WORtH. T£XAS H10t

.. . .. 

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.,,.,N427KP SIN 56025 W/0 C07134EA ACTT: 107.1 04/10/2007 

### Page 1 of 1 .I 21£11 :Uilli 1
..

• Inspectedtheaircraftandfound 1 ea. Honeywell KR87 .AI)F$ystent(KR87AOF SystemconsistsofPIN 421-1()6..()10-101 KR81ADF Provisions and PIN**427•705..010~103 ~7**  AOF Squipment) to have been instalted wlihout the proper**docu~n.** Upon inspection ofthis installation Ithas been detennlnedthatthisalteratipn i&minorinaccord4rtceWith FARPart1 1 Par'Clgraph 1.1, as themodifications donotappreciablyaffectalteraftwei!Jhl,balance,structuralstrenQfb, perfOrmilnce, powerpldntoperation,flight characteristics,orotherqualitiesaffectingairworthinessandtlteworlcwascompleted byelelhenfaryoperatioh$In**f!eco~**with acceptedpracticescontainedinAC43.13-1BChange1,AC43.13-2Aand Bell HeJfcQPWrTeldron$fandardPr.lcticeslila Allo.SPM•. • lnstaUed 1 ea. Gannin lntemational, Inc. GPSMAP49$ GPS Sy$t(Knto include: 1 ea,. Gannin GXM30AAntenna PIN 011..01316-10, SJN 18207070 at F.S. 43.0 1-.S.O.securfd to tmlforward**in~· ~1ttpaneJ.**  shroud using a 2024T3 angte bracketand "MS"'hatdware (reference ·t:A Fabrication FolloWer#FF-427-43-XM Antenna). 1 eli. Gartnin GPSMAP49G GPS, SIN 19706$ at F.$. 69.0 I**O.O.sect;~red** to the center post between the windshields using a 2024-T3 a:ngle br.acket and "'MS"· hardware (referenceeAFabrication Follower' fl.**FF~21.$9:.GP$496).** Note:All wiring was pelfonned Inaccordance

### '\Nitn,EADWG t#AV;.07>SOOO which isbeingsuppliedtt> the owner/operator. The OPSMAP496**~PSis** limitedtoVFR useonly, installedreferencing AC20--1384Paragr.tph 9 and 11valuated undetthecriteria in paragraph8c (1)andfoundto bea**minoraltera~on.** TheGNS$£qu1p.ment(!nOtp1acalded "VFRUse Only"**becat~SC!the bell4~**  rotorcraftisnotcertifiedforIFRflightperPAR27,AppendtxBWhich would al$0 limittheequipmcmttoVFR U$eonly. Duetothe VFR limitation, a RFMS is notrequlred pertheAdv;soryCircular, paragraph 9. • Removed 1 ea.**Honeywelll~~l)al,** Inc. Kii'GCTransponder, PIN 066-01156..0101, SIN 11822and Installed 1 ea. Honeywell lnwrnational, Inc. KT70 ModeSTransponder, 1'/N C)6$..01141-0101, SIN 11171as a direct replacement. • Installed new Pointer EL T Battery, P.lf.l 2020; Nstf (batteryexpiratiOn date0112009}• •· Installed new PointerELTAntenna, PIN 2006·10, NSN ali • dltectreplacementfor 'the old antenna. • Rewiredthe cabin fCS and installedaose headsetprovisions lAW EA DWG # AV..07-«;032. Theaircraftwas weJehed and a newweightand bafanoewas computed.TheflightmanualequiptnentliSt approved forretum to servicefor the above listedwork.. Ref'enmce: W/0 C07143EA---E:NDDATE Mr1!10,2007 ACTT 107.7 SlN**~ -INSP.ECTalTHeMAKe:POINtiR/IftOilEI..:~/S~NUMSER:~it..TSYSTeMINTHIS**  AIRCRAFTACCORDING TO APPLICABLE.AIRCIW=TAND MANUFACllJReR'S INSTRUcnONS AND APPUCABLE FAA DAN AND FOUNDTHATIT MECfS THE REQUfREMerrs OF FAR 91.207(d). THE ELT BATTERYEXPIRES ON JANUARY2009.

DATE Aor!f10.2007 ACTT 107,7 SIN**~-JCERnFYTHAiTHISTRANSPONDERMAKE:** HONEYWEtf_/MODEL: Km!,ISIN: :WZZHASBEEN TESTED, INSPECTED AND WAS FOUND TO MEEtTHE REQUIREMENTS OF FAR 91.411(8)(3}, FAR 9U13, FAR43,AP c) .F. , APPENDIX F.

### '-/ ·_.,.,. . LIST OFF 

### AAINSPECTIONS AND 

### FAA CHECKFLIGHTS 

### Operations Aircraft Ramp Inspections N7NU 04/16/08 Fritz A. Heunemann



### Maintenance Aircraft InspeCtions N7NU 06/03/09 Records Inspection
N7NU 02/23/11 Spot Inspection



### Avionics Aircraft Inspections N7NU 06/03/09 Records Inspection
N7NU 06/03/09 AD Compliance Inspection



### Observe CheckAirmen Check Rides N7NU 04/15/08 Fritz A. Heunemann N7NU 04/16/08 Fritz A. Heunemann N7NU 03/09/10 Fritz A. Heunemann



### Airmen Flight Check Rides N7NU 04/15/08 Fritz A. Heunemann N7NU 04/16/08 Fritz A. Heunemann N7NU 02/13/09 Fritz A. Heunemann N7NU 04/06111 Fritz A. Heunemann Aviation Safety Inspector

- Operations

Kenneth L. Bain Aviation Safety Inspector

- Maintenance Kenneth L. Bain Aviation Safety Inspector

- Maintenance

Larry Dale Herner Aviation Safety Inspector

- Avionics Larry Dale Herner Aviation Safety Inspection

- Avionics

Aviation Safety Inspector

- Operations Aviation Safety Inspector

- Operations Aviation Safety Inspector

- Operations

Aviation Safety Inspector

- Operations Aviation Safety Inspector

- Operations Aviation Safety Inspector

- Operations Aviation Safety Inspector

- Operations 

### EXHIBIT 

# j 

# --g**~**(



## ( u.s. Department ofTransportation Eastern Region Regional Counsel Telephone: 718 553-3258 Facsimile: 718 995-5699 1 Aviation Plaza Jamaica, NY 11434 Federal AViation Administration 

### NOV 3 

### 2011 CERTIFIED MAIL- RETURN RECEIPT REQUESTED President Heloair, Inc. 5721 Gulfstream Rd. PO Box 203 Richmond Int'l Airport Richmond, VA 23250
Docket No. 2011EA210081 NOTICE OF PROPOSED CIVIL PENALTY TAKE NOTICE, that this office has received an investigative report from which it appears that Heloair, Inc. violated the· Federal Aviation Regulation(s) by reason of the following: 

### 1. At all times relevant herein, Heloair, Inc., was the holder of Air Carrier Certificate No. RW8A341W. 2. At all times relevant herein, Heloair, Inc., maintained and operated a Bell 427 aircraft, identification number N7NU (hereinafter ''the aircraft"). 3. On or about July 20, 2011, Heloair, Inc., perfonned maintenance on the aircraft. 4. Specifically, Heloair, Inc., installed a Ga,rmin GPS 496. 5.
. The Gannin GPS 496 was a portable electronic device. 6. ·The wiring associated with the installation ofthe Garmin GPS 496 failed to meet the requirements of 14 CFR Section 27.1365. 7.
. In 

### installing the Garmin GPS 496, Heloair, Inc., did not test the device to detennine. that it would not cause interference with the navigation or communication system of the aircraft on which it would be used. 

### EXHIBIT 

# lr!

### 8. On or about July 20, 2011, an inspector of the Federal Aviation Administration advised Heloair, lnq., that installation ofthe Garmin GPS 496 may be contrary to the Federal Aviation Regulations. 9. Notwithstanding the above, Heloair, Inc., released the aircraft for return to service when the aircraft was not in an airworthy condition, in that the wiring associated with the Garmin GPS 496 was improperly installed and the device had not been tested to determine that it would not cause interference with the navigation or communication system ofthe aircraft on which it would be used. 10. Heloair, Inc., thus performed maintenance on an aircraft and failed to use the methods, techniques, and practices prescribed in the current manufacturer's maintenance manual or Instructions for Continued Airworthiness prepared by its manufacturer, or other methods, techniques, and practices acceptable to the Administrator, except as noted in §43.16. 11. Heloair, Inc., thus performed maintenance on an aircraft and failed to do that work in such a manner and use materials ofsuch a quality, that the condition ofthe aircraft, .airframe, aircraft engine, propeller, or appliance worked on would be at least equal to its original or properly altered condition (with regard to aerodynamic function, structural strength, resistance to vibration and deterioration, and other qualities affecting airworthiness). 12. On August 6, 2011, Inc., Heloair, Inc., operated the aircraft on two flights, from Richmond, VA to Irving, VA, and return (hereinafter "the flights"). 13. During the flights, the aircraft was in an unairworthy condition, as described above.

By reason of the foregoing, Heloair, Inc. violated the following section(s) ofthe Federal Aviation Regulations:
a. Section 43.13(a), which states that each person performing maintenance, alteration, or preventive maintenance on an aircraft, engine, propeller, or appliance shall use the methods, techniques, and practices prescribed in the current manufacturer's maintenance manual or Instructions for Continued Airworthiness prepared by its manufacturer, or other methods, techniques, and practices acceptable to the Administrator, except as noted in §43.16. He shall use the tools,

2

### ,.



### b. equipment, and test apparatus necessary to assure completion ofthe work in accordance with accepted industry practices.· If special equipment or test apparatus is recommended by the manufacturer involved, he must use that equipment or apparatus or its equivalent acceptable tothe Administrator. Section 43.13{b), which states that each person maintaining or altering, or performing preventive maintenance, shall do that work in such a manner and use materials ofsuch a quality, that the condition of the aircraft, airframe, aircraft engine, propeller, or appliance worked on will be at least equal to its original or properly altered condition (with regard to aerodynamic function, structural strength, resistance to vibration and deterioration, and other qualities affecting airworthiness).
c. Section 91.7(a), which states that no person may operate a civil aircraft unless it is in an airworthy condition. d. Section 91.21(a)(I), which states that no person may operate, nor may any operator or pilot in command of an aircraft allow the operation of, any portable electronic device on aircraft operated by a holder ofan air carrier certificate or an operating certificate.

Heloair, Inc
.. Corporation is liable for a civil penalty not to exceed $25,000 for each violation of the regulation(s) in accordance with 49 U.S.C. §46301(a)(l), or, for small business concerns, $11,000 for each violation in accordance with 49 U.S.C. §46301(a)(5). After reviewing our investigative fJ.le, we propose to assess a civil penalty in the amount of$33,000 for these violations. Enclosed is information on Heloair, Inc.'s options in responding to this Notice. The options include participating in an informal conference with an FAA attorney and submitting information to the FAA for consideration. Heloair, Inc. must submit, in writing, its choice of the alternatives explained on the enclosed information form on or before thirty (30) days after it receives this Notice. If Heloair, Inc. fails to submit its choice within that time, it will have no further right to participate in the informal procedures. Alfred R. Johnson, Jr. Regional Counsel

3

### By:

# ~~**Zachary~**an Attorney Enclosures Infonnation Sheet Reply Form Subpart 

### G of 14 C.F.R. l3



### cc: --230A/230B/-FSDO

4