,, , I, J~ -,.: L ' 1 r~· 1 , : , •• J I: l.,j. ]:) 

In The Matter Of: 

HELOAIR, INC., 

Respondent. 

RECEIVED 

U.S. DEPARTMENT OF TRANSPORTATION AUG 1 3 2012 

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 of the Rules of Practice 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 of time to file a Motion to Dismiss and an Answer in response to the Administrator's 

Complaint. 

HeloAir is the holder of Air Carrier Certificate No. R W8A341 W. 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 of Washington, 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 for the allegations in the Complaint surround the installation by Edwards & 

Associates, Inc., a wholly owned subsidiary of Bell Helicopters (now known as Bell Helicopters, a 

Textron Company), of a Gannin GPS 496 on the aircraft. This installation occurred on April 10, 

2007. (See log book entry, which is attached as Exhibit A). At the time of this installation, the 

aircraft was owned and operated by Bell Helicopters. The installation 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 of the aircraft on May 18, 2007, HeloAir 

reasonal:>ly relied upon the expertise of Edwards & Associates, Inc., FAA Repair Station 

FKFR930D for the installation of the Garmin GPS 496. 

HeloAir also reasonably relied upon the Federal Aviation Administration, which following 

HeloAir taking over the operation and maintenance of the aircraft, inspected the aircraft on 

numerous occasions and flew in the aircraft on numerous check flights. (See attached list of FAA 

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 of any 

irregularities or defects regarding the installation or operation of the Garmin GPS 496. The 

installation of the Garmin GPS 496 has been conducted in a similar fashion on numerous 

(hundreds) aircraft of various 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 of the Complaint in its simultaneously filed Answer. 

HeloAir was not advised of the reasons for the proposed civil penalty until November 3, 

2011, which was the date of the Administrator's Notice of Proposed Civil Penalty. (See attached 

Notice of Proposed Civil Penalty, which is attached as Exhibit C). The time between the alleged 

improper installation of AprillO, 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 of two (2) years in Section 13.208 of the Rules of Practice 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 of any 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 of America 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 of the foregoing Motion to Dismiss addressed to: 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AG0-430 

Wilbur Wright Building-Suite 2W1 000 

And further, that I have this date mailed, by United States mail, one copy of the foregoing Motion 

to Dismiss addressed to: 

Zachary M. Berman, Complainant's Counsel 

Office of the Regional Counsel; AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, New York 11434 

Telephone: 718-553-3258 

Facsimile: 718-995-5699 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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 l . i . ~ TOTnTT . I ~·· : 

l N1 i : 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: \0'1 . '7 Jlfd.. i l't~ flo~ I loa. . MAINTENANCE MANUAL. 

fOTALS FOR TODAY: i y . . i . : 

. . I . 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 of Transmission 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 

CORRECT IV FAA REPAIR STATION FKFR930D 

ACTION 

5 EXHIBIT 

( RREC'tiVE 

ACTION I ~ HELICOPTER LOG 

BeD Helicopterii§lht•: A~el'kdiC 

7861 55349 REV 195 P0$1 OfFICI BOX 412: • FORT WORtH. T£XAS H10t 

.. . .. '-· :.:..... .. ~:~t: ................ tt 7 :rt1tti " t e·re-a · t ·tfrn .,,., 
N427KP SIN 56025 W/0 C07134EA ACTT: 107.1 04/10/2007 

Page 1 of 1 

.I 21£11 :Uilli 1 .. 

• Inspected the aircraft and found 1 ea. Honeywell KR87 .AI)F $ystent (KR87 AOF System consists of PIN 421-1()6..()10-101 KR81 ADF 

Provisions and PIN 427•705..010~103 ~7 AOF Squipment) to have been instalted wlihout the proper docu~n. Upon 

inspection of this installation It has been detennlned that this alteratipn i& minor in accord4rtce With FAR Part 11 Par'Clgraph 1.1, as 

the modifications do not appreciably affectalteraftwei!Jhl, balance, structural strenQfb, perfOrmilnce, powerpldntoperation, flight 

characteristics, or other qualities affecting airworthiness and tlteworlcwas completed byelelhenfaryoperatioh$ In f!eco~ with 

accepted practices contained in AC 43.13-1B Change1, AC43.13-2Aand Bell HeJfcQPWrTeldron $fandard Pr.lctices lila 

Allo.SPM •. 

• lnstaUed 1 ea. Gannin lntemational, Inc. GPSMAP49$ GPS Sy$t(Kn to 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 bracket and "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 (reference eA Fabrication Follower' fl. FF~21.$9:.GP$496). 

Note: All wiring was pelfonned In accordance '\Nitn,EADWG t#AV;.07>SOOO which is being supplied tt> the owner/operator. The 

OPSMAP496 ~PSis limited to VFR use only, installed referencing AC 20--1384 Paragr.tph 9 and 11valuated undet the criteria in 

paragraph 8c (1) and found to be a minoraltera~on. The GNS$£qu1p.ment(!nOtp1acalded "VFR Use Only" becat~SC!the bell4~ 

rotorcraft is not certified for IFRflightper PAR27, AppendtxB Which would al$0 limit the equipmcmtto VFR U$e only. Due to the 

VFR limitation, a RFMS is notrequlred pertheAdv;soryCircular, paragraph 9. 

• Removed 1 ea. Honeywelll~~l)al, Inc. Kii'GC Transponder, PIN 066-01156..0101, SIN 11822 and Installed 1 ea. Honeywell 

lnwrnational, Inc. KT70 ModeS Transponder, 1'/N C)6$..01141-0101, SIN 11171 as a direct replacement. 

• Installed new Pointer EL T Battery, P.lf.l 2020; Nstf (battery expiratiOn date 0112009}• 

•· Installed new Pointer ELT Antenna, PIN 2006·10, NSN ali • dltect replacement for 'the old antenna. • Rewired the cabin fCS and installed aose headset provisions lAW EA DWG # AV..07-«;032. 

The aircraft was weJehed and a new weight and bafanoe was computed. The flight manual equiptnent liSt 

approved for retum to service for the above listed work.. Ref'enmce: W/0 C07143EA---E:NDDATE Mr1!10,2007 ACTT 107.7 SlN ~ -INSP.ECTalTHeMAKe:POINtiR/IftOilEI..:~/S~NUMSER:~it..TSYSTeMINTHIS 

AIRCRAFT ACCORDING TO APPLICABLE.AIRCIW=T AND MANUFACllJReR'S INSTRUcnONS AND APPUCABLE FAA DAN AND FOUNDTHATIT 

MECfS THE REQUfREMerrs OF FAR 91.207(d). THE ELT BATTERY EXPIRES ON JANUARY2009. 

DATE Aor!f10.2007 ACTT 107,7 SIN ~-JCERnFYTHAiTHISTRANSPONDERMAKE: HONEYWEtf_/MODEL: Km!,ISIN: :WZZHASBEEN 

TESTED, INSPECTED AND WAS FOUND TO MEEt THE REQUIREMENTS OF FAR 91.411(8)(3}, FAR 9U13, FAR43,AP c) .F. , 

APPENDIX F. 
'-/ 

·_.,.,. . LIST OFF AA INSPECTIONS AND FAA CHECK FLIGHTS 

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 Check Airmen 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 

of Transportation 

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 of the 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 of the 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 of the 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 of such a quality, 

that the condition of the 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) of the 

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 of the 

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 to the 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 of such 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 of an 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