B1/15/2B14 14:32 

In the Matter of: 

8153293771 FAA ACE 7 

US. DEPARTMENT OF TRANSPORTATJON 

FEDERAL AVIATION ADMINISTRATION 

Served: January 15,2014 

FAA Docket No. Z.Oi c- 0 ~i'& 

FAA Case No. 2013CE030017 

-"M-"u:::l:.:;ti'-'"A....::;er:..::o"-'--"In:.::co:· __________ ___, Judge Not Assigned 

AMENDED COMPLAINT 

PAGE B2/B8 

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

to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

1. On July 18, 2013, Respondent Multi-Aero, Inc. (MAl), was advised through a Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $44,000. On 

October 2, 2013, Respondent submitted a written regues\ for a hearing. 

ll. 

l. At all times hereinafter mentioned, Multi-Aero, lnc. (MAl) was the: 

a. Holder of Air Carrier Certificate No. MUIA594G; 

b. Owner and operator of Civil Aircraft N45038, a Piper A-31-350, under Title 14 CFR Part 

135 rules (Part 135); 

c. Employer ofSamier Nabulsi (Nabulsi) as MAl's CbicfPilot and member of MAl's 

management. 

2. On or about November 12, 2012, MAl assigned Nabulsi N45038 on a Part 135 commuter 

flight, transporting 7 passengers, under instrument flight rules (IFR), roundtrip aud direct from 

Jonesboro Arkansas Municipal Airport (JBR), to Saint Louis Lambert Internation(ll Airport (STL). 

3. Incident to the above operation, Nabulsi: 

a. Flew from STL to JBR on flight #1220; 

b. Picked up 7 passengers in JBR: 

c. Departed JBR with 7 passengers enroutc to STL on flight #300; 
01/15/2014 14:32 8153293771 FAA ACE 7 PAGE 03/08 

d. Ran low on fuel; 

e. Requested a diversion to Fatm.ington, Missouri Municipal Airport (FAM), approximately 

30 minutes after departing .TBR; 

:f. Informed air traffic control that the purpose for your diversion to FAM was to pick up a 

passenger, despite the fact that N45038 was at maximum passenger capacity; 

g. Did not declare an emergency; 

h. LandedatPAM; 

1. 'Did not pick up a passenger; 

j. Added 70 gallons offuel to N45038 at FAM with the passengers still on board; 

k. Departed FAM at approximately 12:37 central standard time (CST); 

!. Landed at STL at approximately 13:01 CST; 

m. Flew from: 

L STL to JBR on flight 11305; and 

iL JBR to STL on flight #31 0. 

4. MAl's operations noted above equate to: 

a. 5 cycles; and 

b. 5 landings. 

5. Incident to MAT's above operation, Nabulsi completed, signed and submitted MAT's Flight 

Log, representing to all that: 

a. MAl operated flight #300 directly from JBR to STL: 

1. With the following Hobbs Times: 

a. 2683.5 Out 

b. 2684.7 In 

c. L2 Total 

n. With the following Block Times: 

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a. 11 :09 CST Out 

b. 12:35 CST Tn 

c. 1.5 Total 

b. N4503 8 did not: 

L J~and at F AM from JBR; and 

i i. Depart from F AM to STL. 

c. N45038 completed a total of 4: 

i. Cycles; and 

ii. Landings 

6. The entries noted in paragraph 5 above: 

a. Are false; 

FAA ACE 7 

b. Were made by Nabulsi with the knowledge that the entries were false. 

7. Based on the above, Nabulsi made intentionally false entries in MAl's fli.ght log when he 

represented that N45038 conducted a direct roundtrip charter operation :t'i"om JBR to STL. 

PAGE 04/08 

8. Prior to departing PAM., as noted in paragraph 3(i), Nabulsi completed and submitted a False 

flight plan when he reported that he was the only person aboard N45038, when there were actually 8 

people on board. 

9. Based on the above, Nabulsi made an intentionally false entry for N45038's flight plan when 

he represented that he was operating without any passengers. 

10. Running low on fuel, as noted in. paragraphs 3(d) and 3(h) above, indicates Nabulsi's failure 

to plan and ensure adequate fuel on board N45038. 

11. Nabulsi's :failure to plan, as noted in paragraph 10 above, constituted a careless act, 

endangering the lives and property of another. 

1.2. Nabulsi's flight plan filed out ofF AM indicated 1 person on board instead of8. 

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13. This inaccurate passenger information, as noted in paragraphs 8 and 12 above, constituted a 

careless operation, endangering the lives and property of another. 

14. In accordance with MAl's Operation Specification, Paragraph C073: 

a. Scheduled operations are not authorized out ofF AM; and 

b. FAM is only an authorized alternate airport for emergency purposes. 

III. 

1. By reason of the foregoing facts and circumstances, Respondent violated the following 

sections ofthc Federal Aviation Regulations (PARs): 

a. 61.59(a)(2), which states in relevant part, that no person may make or cause to be made 

any intentionally false entry in any record or report that is required to be kept, made or used to show 

compli<tnce with any requirement for the exercise of the privileges of any certificate or rating under this 

part. 

b. 91..13(a), which states in relevant part that no person may operate an aircraft in a careless 

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

c. l J 9 .5(1), which states in relevant part that no person ma.y operate an aircraft under Part 

135 in violation of appropriate operations specifications. 

d. l19.69(d)(3), which states in relevant part that a Part 135's chief pilot must discharge 

their duty to meet applicable legal requirements and to maintain safe operations. 

2. Pursuant to Title 49 U.S.C. 46301, Respondent is subject to a civil penalty not to exceed 

$11,000 for each of the violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of $44,000 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge 

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enter an order that Respondent be assessed a civil penalty in the amount of $44,000, 

Dated this l510 dayofJanuary, 2014. 

5 

Respectfully submitted, 

A. Lester Haizlip 

Regia Counsel 

By: 

David B. Kessler 

Attorney for Complainant 

Federal Aviation Administration 

901 Locust St., Room 506 

Kansas City, MO 64!06"2641 

816-329-3763; Fax (8!6) 329-3771 

PAGE 05/08 
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Answer 

Secl:ion 13.209(a) of the Rules of Practice in FAA Civil Penalty Proceedings states, "A respondent shall 

file a written answer to the complaint, or may file a written motion pursuant to Section 13.208(d) or 

Section l3.218(f)(l-4) instead of filing an answer, not later than 30 days after service of the complaint 

Section 13.209(f) states, "A person's faHure to file an answer without good cause shall be deemed an 

admission of the truth of each allegation contained in the complaint. 

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01/15/2014 14:32 8153293771 FAA ACE 7 

Multi-Aero, Inc., FAA Case No. 2013CE030017 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date sent by facsimile, and placed in the United States mail, a 

copy of the Administrator's Amended Complaint, addressed to: 

Mr. Shane Storz, Director of Operations 

Multi-Aero, Inc. 

12300 Old Tesson Rd., Suite 200F 

St. Louis, MO 63128 

Jared M. Allen, Esq. 

The Aviation Law Finn 

One Research Court 

Suite 450 

Rockvj]ic, MD 20850 

.Fax: (30 J) 294-2525 

PAGE 08/08 

ln addition, I hereby certify that I have this date sent a copy by facsimile and. placed in the United 

States mail, the original and one copy, addressed to: 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wllbur Wright Building, Room 2Wl000 

Fax: (202) 493-5142 

Paralegal 

.~<;~ Specialist 

Dated this 15'" day of JEUluary, 2014. 

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01/15/2014 14:32 8153293771 

To: FA-A 

Company: 

Phone: 

Fax:;i.O ;;;,-qq 3-5; !.f-:2, 

FAA ACE 7 

From: LDAJn.d__ ~~ A-LE-7 

Title: 'f]}~,_jz_ ~ 

Date: 

Pages w/cover: 

PAGE 01/08 

Federal Aviation 

Administration 

Office of Regional Counsel 

Central Region 

901 Locust St.. Room 506 

Kansas City, MO 64106 

Telephone: (816) 329·::-:-----

Fax. No. (616) 329-3771 

Email: @faa.gov 

Facsimile 

C U .. S. Ocpurhnt~tit of 'Tran-s:port:ltion