U.S. DEPARTMENT OF Tl LANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATT 

SCENIC AVIATipN, INC 

FAA Docket No. CI|09NM0011 

(Civil Penalty 4ction) 

DMSNo. FAA-2(D09-0974 

EROF 

The Honorable Richarc 

Administrative Law 

C. Goodwin 

Judge 

Hearing Location: Salt Lake City, UT 

Hearing Dates: December 13-15, 2010 

r-n 

rn--a; T ) 

RESPONDENT'S NOTICE OF WITHDR^ .WAL OF HEARING REQUEST 

PLEASE TAKE NOTICE, that Scenic Aviat on. Respondent herein, by and through 

undersigned counsel, pursuant to the Rules of Practice 

request for a hearing in this matter. The parties have i 

and incorporated by reference), with no finding of vio 

As a result, a hearing on the merits is no long© 

WHEREFORE, Respondent, Scenic Aviation 

above-captioned matter be terminated with prejudice, 

(14 C.F.R. Part 13), hereby withdraws its 

greed to a Consent Order (attached hereto 

ation. 

1 necessary. 

Inc., respectfully requests that the 
Dated: December 7, 2010 

Respectfully St brmtte^ 

GRE( 

The Avi 

330 AyfatTon 

FreddHck. MD 

Tel:/(30l) 294-

Fax: (301) 294-

Greg@Aviation|LawExperts.com 

Counsel for Res pondent 
1:^/07/2010 13:20 4252271007 ANI17 

J. RANDOLPH BABBTTT, Adndniitiitor 

F«denl Avktiou AdnturiAntiod, 

Complainant 

Scenic Aviatioa, Inc.. 

RAQxxulant 

PA6E 02/06 

Coti^laiaant, Fedeml Aviation Adminislntion, and S( tenic Aviation, Ihc^ tbroogh tbcir 

respedive undenigned repzestttsdves, hetd)y agree t > aetf 

prejudice* upon tbe following ternis and conditions: 

1. WHEREAS, the Federal Aviation Administration h'FAA") is ohaiged wiifa prcnnoting the 

safety of civil aviation, including air traasfportatioif, which an air oatrier must conduct at tiu 

highest level of safbtsr, and. 

2. WHEREAS, on August 6,2010, the FAA filed an 

Case No. 2009NM070066 

FAA Docket No. CPOSNMOOl 1 

CONSENT OR]>ER 

f^nmded Complaittt; seddng a civil 

penalty in the amount of $42,900 fixmn Scenic Avii ition, Inc.; and, 

3. WHEREAS, this Order is issued under the authorii y contained in 49 U.S.C. 46301(a) &. (d), 

and 14 C.F.R. section 13.13; and 

4. WHEREAS, pursuant to 14 C.F.R. section 13.13, Slcetiic Aviation, Inc. states the foUowiag: 

a. Scenic Aviation hereby makes an admi! sion of all jurisdictional fiicts; and 

b. Scenic Aviation hereby expressly waive 8 tiieri^t to fbuher procedural steps and 

of all ri ^ to judicial review; and 

c. Scegaic Aviation b«Fd>yiDooiponite$ by reference the Notice of Ptoposcd Civil 

Penalty (hercinafler 'Notice*') dated Jut e 3,2009, and fiittiier acknowledges diat 

the Notice may be used to construe the 1 enns of thiis Consoit Oido; and 

d. Upon execution of tiiis Consent Order,! iconic Aviation, Inc. will file a request 

wift Hoxi Administrative Law Judge to vi itiidraw tiio request for a heaiing, and 

request that the case be dismissed with (irejudioe. 

5. WHEREAS, it is die nutiial objective of both the F AA and Soeoio Aviation, Inc. to resolve 

this matter; and 

NOW THBREFOKE, the FAA, by and duough his und Bisigned counsel, and Scenic Aviation, 

Inc., by and thioogb its uodenigned oonnsel, hereby ag ne to be bound liy die following terms 

and conditions: 

ACCORDINOLY, it is hereby Ordered and Agreed as 

SETTLEMENT AGREEMENT - Page 1 of 5 

; bllows: 
12/07/2010 13:20 4252271007 AhM7 PAGE 03/05 

I. A Notice dated June 3,2009, was issued by It e FAA seeldng a dvii penal^ again$t 

Scenic Aviation, Inc. in the amount of $42,909 

sections 9L413(b) and 13S.24(ftX2) 

Scenic Aviatim hereby agrees to pay tiic FAA 

monthly histanmeots of Sl.OOO each month. 

An additional $10,000 civil penalty is defeirei 

pBngn9h4below. 

3. By issuance of this Consent Order, die FAA aj rees not to seek fUilher civil penalty action 

against Scotic Aviation, Inc. and/or civil pena 

or employees for any of die alleged violations 

Complaint, cxctpt as noted in the Order. 

I, for an alleged vioUttioo of 14 C J.R. 

ten-dKrasand dolhus ($10,000.00), hi 

banning January 1,2011, until paid hi fiill. 

and may be waived as set fodh in 

iy or certification action against its ofiElcers 

;ited hi tite Notice and/or Amended 

4. Scenic Aviation, Inc. agrees to revise its Apprdvod Aircraft hospectioin 

by inserting clarification language concerning the 

• A lUBchanical inc^larity in one of its 

Progmm(AAIF) 

tests that it will perform when there 1$: 

ivionics systems. 

• Removal and Installation to ftcilitats of ler maintenance. 

a. This revised AAIP will be submitted within 30 days of die date this agreement 

comes mto effect and will be consistent witii FAA AC 43.6B. As port of tills 

submittal, Scenic Aviation, Inc. would i iclude a table listing all of the avionics 

coQ^xmoots cuirenfly installed in its fie^by raanuftctiireraodmodel witfaa 

corresponding teat/inspection requireme at similar to die table below. This table 

must match the equipment list for each tircraft An enm^ite of the format for tiiia 

submittal is attached. Hie Scenic Aviati on, Lie. will twrititaiti fte table in a 

current status as die configuration of die aircraft is changed, i.c. modified by 

Supplemental Type Certificate (STC) or otiier means. 

b. Scenic Aviation, Inc's FAA principle in specters will have 10 business days fiom 

die time ofsubmjttal to approve or rejeci Scenic Aviation, Ihc's submittal. If the 

FAA does not reply in writing (mail or electronic) witiiin those 10 bushiess days. 

Scenic Aviation. Inc. will be deemed to l^ve complied whh die terms of this 

paragraph. 

c. Should the FAA rciject die hiitial revised 

Scenic Aviation, Inc. will have 15 busint ss 

revised AAIP. The Scenic Avhition, Inc. 

business days to approve or reject this 

AAIP submittal for whatever reason, 

days to prepare and resubmit anodier 

's FAA principle inqwctors will have 5 

iciioad submittid. 

d. Scenic Aviation, Inc's FAA principle m: pector's will be required to set fottii in 

specificity the leasttia for die rejection o; 

required to wosk in good fiudi wtdt Soeni: Aviation, Lio. b providing guidance 

on what constitutes a submittal diat woul< [ be approved. 

SETTLEMENT AGREEMENT - Page 2 of 5 

any revised AAIP submittal and are 
12/07/2010 13:20 4252271007 AMM7 PAGE 04/06 

If this second submittal is reacted for ] {ood cause and Scenic Aviation, Inc. is 

notified of this in writing (mail or elecvonic) withm those 5 days, die FAA may 

assess a deferred penalty iia an amount not to exceed $10,000. Any additional 

penalty so assessed by die FAA will b( in an amount that die FAA dcftermhies is 

proportionate to Scenic Aviation, Inc*i i performance shortfidl. Scenic Aviation, 

Inc. will pay any deferred penalty ama mt widdn 60 calendar days following 

receipt of the F AA's written determinai ion. Any defatred penalty assessed will be 

paid to die FAA and mailed to the FA/. Nwdiwest Mountain Office of Regional 

Counsel, 1601 Lind Ave. $.W., Renttn, WA 98057. Scenic Aviation shall retain 

the right to appeal any proposed civil p malty issued under this subpaiagn^h 

pursuant to the Rules of Practice 14 CJ ^R. Pan 13. 

If the revised AAIP is approved by 

inspectors on cidier the first or second 

See lie Aviation. Inc's FAA principal 

^tiempt, die $10,000 shall be waived. 

The FAA agrees that it will not 

proposed AACP. However, the parties 

authority on vfbat will be approved 

unreasobably widihold or delay approval of the 

I ndetstand that the FAA is die final 

undjn' Scenic Aviation, tnc.'s AAIP. 

6. Scenic Aviation, Inc. does not admit that it violated 

Regulations cited in the Notice and/or Amendejl 

avoid the expense of Utigation. 

This Consent Order is a full and final icsohitiotl of die matter described m die Notice and 

Amended Conaplaint. 

8. Scenic Aviation, Inc. agrees tiiat should it have a foture violatim invohdng the testfaig 

following the rqpatr and/or nmoval/utstallation of an encoding altimeter and/or 

transponder, that die FAA or any adjudicative fa ody may consider this as a prior violation 

histoty duting the period consistent with foe FA A expungement policy. 

any of the Federal Aviation 

Complaint, but is setding the matter to 

Notwithstanding pai«gra|rii 8 above, the Federa 

(FARs) cited in the Notice and Amended Complaint 

vioUtion by the FAA for purposes of dtis Consent Order. 

10. Each party retains the right to judiciaUy enforce 

II 

Aviation Regulations 

do not constitute a finding of 

the provisions of diis Consent Order. 

Scenic Aviation, Inc. and the FAA agree that ea :b party will bear its own attorneys' foes 

and expoues and odier costs associated with dii i matter. Aceordinf^y, Scenic Aviation, 

Inc. agrees not to file any application for fees or i 

Justice Act 

expenses pursuant to the Equal Access to 

12. Soenlc Aviation, Inc. agrees that it will not 

administiative action ot claim agahist the FAA 

former official or employees in conneetion with 

Agreement 

SETTLEMENT AGREEMENT ^ Page 3 of S 

comiaenoo or pursue any civil, criminal, or 

any of its otElcials or employees or 

the subjaot matter of diis SettlemeDt 

cr 
12/07/2010 13:20 4252271007 A^M7 PAGE 05/06 

13. Scenic Aviation, Inc. agrees to immediatety 

matter to (he Achnhiistrative Law Judge upon 

v( ididmw its request for bearing of diis 

Bxocution of this Consent Order. 

Dated: M/^^J/ ^ 

Federal Aviation Administration 

By._;;^^^^^= ' 

^ Scott R- Morris, Esq. 

Federal Aviation Administration 

Dated: 

Scenic Aviation, Inc. 

44 '^o^o 

Esq. 

Aviation, Inc. 

SETTLEMENT AGREEMENT - Page 4 of 5 
12/07/2010 13:20 4252271007 AHM7 PAGE 06/05 

Example of tsble reference 1 in paragraph 4.a. 

The tests/inqiections listed hi foe following table arc 

removal, rehistallation, replacement, or new installati^ of altitude reporting 

transponder syston components. 

requited to assure system fiinctionality afier 

equ^entand 

COMPONENT 

Altimeter - Encoding 

AMmeter - Baro 

TranqKXDder 

Transponder Control 

Transponder Antenna 

TEST ASSOCIAT10 N MATRIX 

(Example Oi far) 

MFG-MODEL 

Meggitt Avionics 

Your Name Here 

CollmsTDR-94 

Collins CTL-92 

TEST/INSPECTION REQUIRED 

. Transponder test and inspection 

I. Abbreviated correspondence test 

Static leak test 

'.. Transponder test and inspection 

L Abbreviated conespondepce test 

. Transponder test and hispectlon 

: \. Abbreviated cwrespondence test 

. Transponder test and inspection 

Abbreviated conespoodeaoc test 

SETTLEMENT AGREEMENT - Page 5 of 5 
CERTIFICATE 

I hereby certify that I have this date served by regular 

one (1) copy of the foregoing Notice of Withdrawal of 

Attention: Hearing Docket Clerk, AGp-430 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Suite 2W1000 

Washington, D.C. 20591 

OF SERVICE 

U.S. mail, postage prepaid, an original and 

Hearing Request addressed to: 

And, further, that I have this date served via facsimile 

copy of the foregoing Notice of Withdrawal of Hearii ig 

and regular U.S. mail, postage prepaid, a 

Request addressed to: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El ^-320 

Washington, DC 20590 

Tel: 202-366-2139 

Fax: 202-366-7536 

Scott R. Morris, Esq. 

Office of Regional Counsel, ANM-7 

FAA Northwest Mountain Region 

1601 Lind Avenue, SW 

Renton, WA 98057 

Tel: 425 227-1417 

Fax: 425 227-1007 

Dated: December 7, 2010 

GREG 

Avi^^n 

330 Aviation 

Frederick, 

Tel: (301) 

Fax: (301) 

WESfTON, ESQ. 

][.aw Experts, LLC 

Way 

MD 21701 

294-8550 

294-2525