B1/15/2B14 14:32

In theMatter 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

TheFederal Aviation Administration 

### (FAA), by counsel, hereby amends its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: 

### I. 1. On July 18, 2013, RespondentMulti-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 alltimes hereinafter mentioned, Multi-Aero, lnc. (MAl) was the: a. Holder ofAir CarrierCertificate No. MUIA594G; b. Owner and operator ofCivil AircraftN45038, a Piper A-31-350, under Title 14 CFR Part 135 rules (Part 135); c. Employer ofSamierNabulsi (Nabulsi) as MAl's CbicfPilot and member ofMAl's management. 

### 2. On or aboutNovember 

### 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 SaintLouis Lambert Internation(ll Airport (STL). 3. Incidentto the above operation,Nabulsi: a. Flew from STLto JBR on flight #1220; b. Picked up 7 passengers in JBR: c. Departed JBRwith 7 passengers enroutcto 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, MissouriMunicipal Airport (FAM), approximately 

### 30 minutes after departing .TBR; 

### :f. Informedairtraffic control that the purpose for your diversion to FAM was to pickup a passenger, despite the fact thatN45038 was at maximum passenger capacity; g. Did not declare an emergency; 

### h. LandedatPAM; 1. 'Did 

### not pick up a passenger; j. Added 70 gallons offuelto 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. Flewfrom: L 

### STL toJBR on flight 11305; and iL JBRto STL 

### on flight #31 0. 4. MAl's operations noted above equateto: a. 

### 5 cycles; and b. 5 landings. 5. Incidentto MAT's above operation, Nabulsi completed, signed and submitted MAT's Flight 

### Log, representing 

### to all that: a. MAloperated 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 BlockTimes: 

### 201/15/2014 14:32 8153293771

a. 

### 11 :09 CST Out b. 12:35 

### CST Tn c. 1.5 Total b. N45038 didnot: L**J~and** at F AMfrom JBR; and i

### i. Departfrom 

### F AM to 

### STL. c. N45038 completed a total of4: i. Cycles; and ii. Landings 

### 6. The entries noted in paragraph 5 above: a. Are false; FAA ACE 7

b. Were made byNabulsi with the knowledge thatthe entries were false. 7. Based on the above, Nabulsi made intentionally false entries in MAl's fli.ght log when he represented thatN45038 conducted a direct roundtrip charteroperation :t'i"om 

### JBR to STL. PAGE 04/08

8. Priorto departing

### PAM., as noted in paragraph 3(i), Nabulsi completed and submitted a False flight plan when he reported thathe was the only person aboard N45038, when there were actually 8 people on board. 9. Based on the above, Nabulsi made an intentionallyfalse entry for N45038's flight plan when he represented thathe 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 ofanother. 1.2. Nabulsi's flight plan filed out ofF AM indicated 1person on board instead of8.


### 301/15/2014 14:32 8153293771 FAA ACE 7 PAGE 05/08

13. This inaccurate passenger information, as noted 

### in paragraphs 8 and 12 above, constituted a careless operation, endangering the lives and property ofanother. 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 ofthe 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 orreportthat is required to be kept, made or used to show compli<tnce with any requirement for the exercise ofthe privileges ofany certificate or rating under this part. b. 91..13(a), which states in relevantpartthat no person may operate an aircraft in a careless manner so as to endangerthe life orproperty ofanother. c. l 

### J9.5(1), which states in relevant partthat no person ma.y operate an aircraft under Part 135 in violation ofappropriate operations specifications. d. l19.69(d)(3), which states in relevant part that a Part 135's chiefpilotmust discharge their duty to meet applicable legalrequirements and to maintain safe operations. 2. Pursuant to Title 49 U.S.C. 46301, Respondent is subjectto a civil penalty notto exceed $11,000 for each ofthe violations alleged. 3. Underthe facts and circumstances ofthis case, a civilpenaltyof$44,000 is appropriate. WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge



### 401/15/2014 14:32 8153293771 

### FAA ACE 7

enter an orderthatRespondent 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 05/0801/15/2014 14:32 8153293771 FAA ACE 7 PAGE 07/08

Answer Secl:ion 13.209(a) ofthe Rules ofPractice in FAA Civil PenaltyProceedings states, "A respondent shall file a written answer to the complaint, or may file a written motion pursuantto Section 13.208(d) or Section l3.218(f)(l-4) instead offiling an answer, not later than 30 days after service ofthe complaint Section 13.209(f) states, "A person's faHure to file an answer without good cause shall be deemed an admission ofthe truth ofeach allegation contained in the complaint.

601/15/2014 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 ofOperations 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: (30J) 294-2525 PAGE 08/08

ln 

### addition, I hereby 

### certify that

### I have this date sent 

### a copybyfacsimile and. placed in the United States mail, the original and one copy, addressedto: Federal Aviation Administration 800 Independence Avenue, SW. Washington, DC 20591 Attention: HearingDocket Clerk, AGC-430 WllburWright Building, Room2Wl000 Fax: (202) 493-5142

# .~<;~ Paralegal Specialist Dated this 15'" day ofJEUluary, 2014.



### 701/15/2014 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