• :-/\RTMENTOF 

SERVED FEBRUARY 28, 2011 " ^ olwlSlS 

B\ FEB ?8 P 2= U3 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

V. 

BUSH AIR CARGO, INC. 

Respondent. 

FAA DOCKET No. CP10AL0001 

(Civil Penalty Action) 

DMSNo. FAA-2010-0311 

INITIAL DECISION 

OF ADMINISTRATIVE LAW JUDGE RICHARD C. GOODWIN 

Found; No violation was proven. The Complaint will be dismissed. 

I. Background 

Respondent Bush Air Cargo, Inc. ("Respondent" or "BAC"), is an air carrier 

based in Anchorage, AK, that is certificated under Part 135 to conduct on-demand cargo 

operations within the State of Alaska (Exhs. C-1, C-2; Tr. 18-19). Its operating 

certificate authorizes BAC to conduct operations in accordance with the Federal Aviation 

Act "and the terms, conditions, and limitations contained in the approved operations 

specifications" (Exh. C-l;see Tr. 42 (defining operations specifications as "a contractual 

agreement between the FAA and [the] operator")). 

The Complaint of the Federal Aviation Administration ("Complainant," "FAA," 

or "the agency"), as amended, asserts that BAC violated Federal Aviation Regulation 

("FAR") 14 C.F.R. §119.5(1). That provision requires Part 135 certificate holders to 

operate in conformance with their operating certificate or appropriate operations 

specifications. The agency asks for a total civil penalty until 49 U.S.C. §46301(a)(2) of 

$2,800. 

Respondent denied the charge. It also asserted that, if the charge is proven, the 

civil penalty proposed is excessive (Tr. 10). 
-mz 

The parties met for hearing on Iff 2© 10, on Anchorage, AK. Briefs have 

now been filed and the case is ready^ot 

The agency has the burden of proof. 3&) ps^evailit must prove its case by a 

preponderance of the reliable, probafive, andibbstential evidence (14 C.F.R. §13,223). 

II. Discussion * 

I find and conclude that Com|)lauia]it i|died to prove a violation. The Complaint 

will be dismissed. See Part III, pp. 3-4 bclDW-.„ 

BAC is a single pilot-in-comiBMid ('1P||5!i*7#p«5Mor authorized to employ up to 

three seconds-in-command ("SICs") |fija|S. C-^^ 0^ . /Kie instant controversy^centers 

around the contents of BAC's operati|>ns £^eii|ci||6tis ("<^ specs") when the sieged 

violation took place. Operation specifiejijion j^3 f ^CM", ill industry parlance, OfjSpec 

A039) is issued specifically to single-lPIC ofwailbft^irtilizing up to three SICs, Iflce the 

Respondent. 

BAC's OpSpec A039 names its PIC as Barlon M. *fieman, and initially listed one 

SIC, Donald P. Ballard (Exh. C-6, ^c(lXiaaaoBaa^Tmom), and tc(2)(naming BfflaKi)). 

Prior to February 21,2009, the parties agree, Kfr. Ballard was BAC's sole SIC (Exh. C-6; 

Tr. 25,46-47). On February 21, Willi<im,|^,9^|ii^|y*itmg successfiil comp4<#on of 

his check ride, began to fimction as th^ seSaiJ8Nfeit-3^ Tr. 64-68, 90^91). M c did 

not formally apply to add Mr. Coon to OpSpec^039 as a second SIC until July J4,2009 

(Exhs. C-8 and R-5; Tr. 34-35). Coon^s itflme'^fes^dded to that documetitsobh^Iter 

(Exhs. C-9 and R-6; Tr. 35). 

The Complaint states that Respond^ 

approximately February 21,2009, unti{ M^^^ 

A039. OpSpec A039 required BAC toiist "* 

conducted nineteen Part 135 revenue fllgjil 

actions violated FAR §119.5(1) (Tr. 46|56; 

BAC readily acknowledged 

Coon to A039 until after BAC's princii|al < 

some time in July 2009 (see Tr. 28-31,69; 

violation.^ 

The nub of the parties' disagreeip 

langiiage of another op spec, OpSpec Afdl 

lyed a SIC, Mr. Coon, fi-om 

1 ^ vvas not named in < 

ncyasseits. Tbecexd&t 

§bs agency chargcisi l^#es e 

that it did not aM^I^. 

Stq^Q Stewait,|^|fi«red 

But it did not c<*Biij0de the 

' i : 

U'>-

g interpretatioti$ w&e 

y made app^cskAttto 

\ The parties' post-hearing submissions will be i^forbdtetll^^^inq^ Br.,*' "Compl. Rebut," mii"VU6Sp<. 

Br." 

^ Exhs. C-7, C-11, and C-13. Exhibits C-7 and C-13 tUM«^^# p «|«l(Ki by Order dated Nqy^e 

2010. Along with Respondent's Exhibit 8, th^ |iH[Kli||i^^p^tt|Nt t fitttiier ord^.' 

clerk shall place in the record, in lieu of the seal|d #]9i|i^m||^p^|i^^Bxhtt>it __ bi 

Not for Public Disclosure." Order Sealing the |>od^ I«^^n^«i'3, ^t) , ordering para^^h 2. 
operators issued OpSpec A039. A008 states in pertinent part that certificate holders may 

not operate under Part 135 unless each pilot is listed "on a list of pilots maintained by the 

certificate holder at its main base of operations or listed in operations specification A039 

or A040, if applicable. This information must be available for inspection .. ." (emphasis 

added).' 

BAC did maintain a list of pilots at its headquarters. Mr. Coon was added to it 

shortly after he became a SIC on February 21, 2009 (Exh. R-4; Tr. 96-98, 101). The 

agency contends that this list does not satisfy the requirement of OpSpec A008. It asserts 

that A008 (and OpSpec A039) require that the operator maintain a list of pilots pursuant 

to the requirements of A039 as well as a separate pilots list at the operator's main base of 

operations (Tr. 46-48, 53-61). Respondent differs. It maintains that OpSpec A008 gave 

it the option to add the new SIC pilot, Mr. Coon, to the list of pilots it held at its 

headquarters, or to place Mr. Coon on OpSpec A039, and that it had chosen the former 

option(Tr. 101-02, 104). 

Interpreting regulatory language warrants examining the plain words and the 

terms used in accordance with their common, ordinary meaning. Whelan v. U.S., 529 

F.2d 1000,1002-03 (Ct.Cl. 1976). Further, text should be construed so that, if at all 

possible, no word or clause is rendered superfluous. Canons of construction prescribe 

that all language be given effect. Morales v. Sociedad Espanol de Atcxilio Mutuo y 

Beneflcencia, 524 F.2d 54 (1 Cir. 2008). 

The disjunctive "or," in its common, everyday meaning, typically suggests an 

alternative. American Heritage Dictionary of the English Language 873 (4*'' ed. 2000) 

(defining "or" as "[u]sed to indicate .. . [a]n alternative .. . ") {quoted in Chao v. Day, 

436 F.3d 234, 236 (D.C. Cir. 2006)). Principles of construction suggest that terms 

connected by such a disjunctive be given separate meanings unless the context dictates 

otherwise. Reiter v. Sonotone Corp., 442 U.S. 330, 339 (1979). 

Complainant asserts that the command of the sentence under scrutiny, properly 

read, means that when OpSpec A039 or A040 pertain ("if applicable"), then the list of 

pilots must be maintained in that op spec. That is, in this case each BAC pilot must be 

listed in A039 if A039 is applicable. The agency adds that reading the language as an 

either-or proposition, as Respondent would, renders superfluous the "if applicable" clause 

(Compl. Br., pp. 6-7; Compl. Rebut., pp. 1-2). 

III. Decision 

I reject Complainant's interpretation. I agree with BAC that "if applicable" is a 

subordinate phrase modifying the words "A039 or A040." I find fiirther that the 

operative sentence prior to the word "or" presents an alternative to the idea contained in 

the words following the disjunctive. 

' Paragraph d(l)(b) of OpSpec A008, at Exh. C-5, p. 2; Tr. 46-47, 77-78. OpSpec A040 applies only to 

single-pilot operators without SICs and is not pertinent here. 
The sentence opens by introducing Oi^ piss^bility: to maintain a list of pilots at 

the carrier's main base of operations, 11» j^0u£^ti^^oi^' signals a second, $serete 

possibility. As the dictionary definition of«^s^^i^diwiaird suggests, the second 

possibility sets out an alternative to the first. lAinsratence following the word **or" tells 

entities subject to its terms that an alternative jpossibility is to maintain a list of pilots in 

accordance with A039 or A040, shoiild one of those op specs apply {see Resp. Br., pp. 4-

5). This interpretation of the sentence is tfae^ y «n^ \i4uch gives effect to all #ite words 

in it. To adopt the agency's reading, by o<M|tn^l^buid render the term "or" 

meaningless. Only if the context demancb it abdnt^ stloh a construction be s&ciptsA, and 

that is demonstrably not the case here. 

The meaning of the provision in ccHQtra^^si^ is d«ur. It states that certificate 

holders operating under Part 135 have theoptM^^i^listlii^ their pilots on a list 

maintained at the holder's base of opeltriidttis o% si^Cifc ^>jpSpec A039 is applicable, in 

OpSpec A039. And when the words of a sent^ce or clause are unambiguous, judicial 

inquiry is at an end. Tesoro Hawaii Corp. v. U.S., 405 F.S"* 1339,1347 (Fed.Cir. 2005). 

The evidence showed that BAG cfaose^^ vi^l&mtgAisd the former ahemative ~ 

to maintain a list of its pilots at its hea4k}!EMtftesra^ B^^Mejit, then, diily comj^lied With 

the requirement. Complainant has failed to piitirrllBb violation alleged.* 

The Complaint is hereby dismissed.' 

r||,CX Goodwin 

Adii^iniptrative Law Judge 

Attachment — service list 

* Complainant also contends for the first time oa brief t^^||>^wadgit created the list of pilots itltsi^ to 

demonstrate compliance (Exh. R-4) in the latter«ti^(^v^^jgHyy'l is^^^ and after 4^ |^ jQi^^ 

it operated between February 21 and May 1. Re^p<i^cidiMf1^il m ^]Ch list when the agency n^pe its 

initial mquiries, the agency states. Compl. Br., pp. 9'-10i^^^ii|9«liet., flp. 3-4. This claim is rejected as 

speculative. No evidence suggests it, and I have no reasiMi^M^vise to doubt Respondent's credi^Uty. 

^ This decision may be appealed to the Administrate of tbftjFAA. The notice of appeal must c^^fpt to 

sections 13.210,13.211(e) and 13.233 of the Rutes of Prao|B«, liAudi require that a notice oFa^^T) be 

filed not later than 10 days (plus an additional five da)« il^i[|li}A^ fixan the service date of this decision. 

and 2) be perfected with a written brief or memo| 

mailed) from the service date of this decision. T|e n 

be a) mailed to the Federal Aviation Administrat|[»i, 

20591, Attn: Hearing Docket Cleric, AGC-430, Will 

personally or via expedited courier service to the iFedoal Alll^iOii 

Avenue, S.W., Wilbur Wright Building—Suite 2W1000. VS 

Clerk, AGC-430. A copy of the notice of e^peal and bridFafc 

counsel. Service upon the presiding judge is optidnd.^^ ' Q 

4ays (plus an addititMi^ $ive, if 

for memOTandum |BU#«itha' 

Avenue, S.W., WaMunjfiae^l^ 

taite 2W1000, orb)j3^iii!«!Cd 

Ion, 600 Ind^>endc^' 

D.C. 20591, Attn: Hearing Docket 

also must be sent to agaocy 
FAA Docket No. CPlOALOOOl 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-^30 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Brent M. Tiernan, President 

Bush Air Cargo, Inc., Respondent 

P.O. Box 93144 

Anchorage, AK 99509-3144 

TEL: 907-277-7657 

FAX: 907-274-1725 

Glenn H. Brown, Complainant '5 Counsel 

Senior Attorney 

Office of the Regional Counsel, AAL-7 

Alaskan Region 

Federal Aviation Administration 

222 West 7* Avenue, Box 14 

Anchorage, AK 99513-7587 

TEL: 907-271-5269 

FAX: 907-271-2800 

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 E12-320 

Washington, D.C. 20590 

TEL: 202-366-2139 Attorney-Advisor 

202- 366-5121 Legal Assistant 

FAX: 202-366-7536 

^ * Servicewasby U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building—Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 
fi(jik'~hui0^ 

f^ 

us Department 

or Tioniporiation 

Operating Certificate 

This certifies that 

BUSH AIR CARGO, INC. 

611 TIMBERLANE CIRCLE 

ANCHORAGE, ALASKA 99509 

has met the requirements of the Federal Aviation Act oi 1958, as amended, and the rules, 

regulations, and standards prescrikjed therein, for the issuance of this certificate and is 

authorized to operate as an Air Operator and conduct 

INTRASTATE COMMON CARRIAGE OPERATIONS 

in accordance with said Act and its rules, regulations, and standards; AND THE TERMS, 

CONDITIONS AND LIMITATIONS CONTAINED IN THE APPROVED OPERATIONS 

SPECIFICATIONS. 

This certificate is not transferable and, unless canceled, suspended, superseded, 

surrendered or revoked, shall continue in effect INDEFINITELY. 

Certificate number: 

Q0BC244L 

By Direction of the AdminisfratOf. 

igh A. McLaughlin ' ^ 

Effective date;. 

December 14,2007 

(Signature) 

Manager, Anchorage FSI>0-4)3 P 

Issued at;. 

AL03, Anchorage, AK 

FAA Form 8430-21 <6-87) 

(Title) n 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Operations Specifications 

AOOl. Issuance and Applicability HQ Control: 

HQ Revision: 

05/09/03 

02c 

These operations specifications are issued to BUSH AIR CARGO INC, whose principal base of 

operation is located at: 

Primary Business Address: 

611 Timberlane Circle 

Anchorage, AK 99509-3144 

Mailing Address: 

PO Box 93144 

Anchorage, AK 99509-3144 

The holder of these operations specifications is the holder of Operating Certificate Number Q0BC244P 

and shall hereafter be referred to as the certificate holder. The certificate holder is authorized to 

conduct: 

On Demand 

Cargo 

Only(135) 

operations in Common carriage pursuant to 119.21(aX5)-On . 

Title 14 Code of Demand 135 

Federal Regulations 

(CFR) Section 

The certificate holder shall conduct these kinds of operations in accordance with the specific 

authorizations, limitations, and procedures in these operations specifications and all appropriate Parts 

of the CFR. 

These operations specifications are effective as of the "Date Approval is effective" listed in each 

paragraph and shall remain in effect as long as the certificate holder continues to meet the requirements 

of Part 119 as specified for certification. 

The certificate holder is authorized to use only the business name which appears on the certificate to 

conduct the operations described in subparagraph a. 

d. The certificate holder is authorized to conduct flights under 14 CFR Part 91 for crewmember training, 

maintenance tests, ferrying, re-positioning, and the carriage of company officials using the applicable 

authorizations in these operations specifications, without obtaining a Letter of Authorization, provided 

the flights are not conducted for compensation or hire and no charge of any kind is made for the 

conduct of the flights. 

Print Date: 4/12/2008 AOOl-1 

BUSH AIR CARGO INC 

Certificate No.: Q0BC244L 

• / '-d. 

•Are.,^jp ' 
U.S. Department 

of Transportation 

Federal Aviation Operations Specifications 

Administration 

1. Issued by the Federal Aviation Administration. 

2. Support information reference: 

3. These Operations Specifications are approved by direction of the Administrator. 

Stewart, Stephen J. Principal Operations Inspector AL03 

4. Date Approval is effective: 12/14/07 Amendment Number: 0 

5. I hereby accept and receive the Operations Specifications in this paragraph. 

Tiernan, Barton M. General Manager Date: 12/14/07 

c 

. 1 . -- y\ ^ 

Print Date: 4/12/2008 AOOl-2 Certificate No.: Q0BC244L 

BUSH AIR CARGO INC 

to'-'y ' •?£>. o •: i-- "> ~-5 -•-'tr-C.' 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Operations Specifications 

A006. Management Personnel HQ Control: 

HQ Revision: 

02/10/98 

02b 

The certificate holder is authorized the following management positions: 

a. The certificate holder uses the following named personnel in the 14 CFR Part 135 management positions 

listed below. 

Part 119 Position Title 

(Not Applicable) 

Director of Maintenance 

Name: 

Tiernan, Barton M. 

Simonis, Ward 

Company Equivalent Position Title: 

General Manager 

Director of Maintenance 

1. Issued by the Federal Aviation Administration. 

2. Support information reference: 

3. These Operations Specifications are approved by direction of the Administrator. 

Stewart, Stephen J. Principal Operations Inspector AL03 

4. Date Approval is effective: 12/14/07 

5. I hereby accept and receive the Operations Specifications in this paragraph. 

Amendment Number: 0 

Tiernan, Barton M. General Manager Date: 12/14/07 

iv/) 

.A 

y ^ " 

Print Date: 4/13/2008 A006-I 

BUSH AIR CARGO INC 

Certificate No.: Q0BC244L 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Operations Specifications 

A007. Other Designated Persons HQ Control 12/19/06 

HQ Revision 020 

a. The following person is designated as the certificate holder's Agent for Service: 

Tiernan, Barton M. 

611 Timberlane Circle 

Anchorage, AK 99509-3144 

b. The following personnel are designated to officially apply for and receive operations specifications for 

the certificate holder as indicated below. 

Table 1 - Personnel Designated to Apply for and Receive Operations Specifications 

Title 

General Manager 

Director of Maintenance 

Name 

Tiernan, Barton M. 

Simonis, Ward 

Parts Authorized 

A, B, C, D, E 

D 

c. The following personnel or company email boxes are designated to receive Safety Alert for Operators 

(SAFO) and/or Information for Operators (INFO) messages for the certificate holder as indicated below. A 

receipt of the information by an air carrier or person is not required. 

Table 2 - Personnel Designated to Receive SAFOs and/or INFOs 

Name 

Bart Tiernan 

Email Address 

btieman@ak.net 

Telephone No. 

907-277-7657 

Type of Information to 

Receive 

Both OPS/AW 

1. Issued by the Federal Aviation Administration. 

2. Support information reference: 

3. These Operations Specifications are approved by direction of the Administrator. 

Stewart, Stephen J. Principal Operations Inspector AL03 

4. Date Approval is effective: 12/14/07 Amendment Number: 0 

5. I hereby accept and receive the Operations Specifications in this paragraph. 

Tiernan, Barton M. General Manager Date: 12/14/07 

KO 

vO^ Pi 

^ 

c-

^ 

Print Date: 4/12/2008 A007-1 

BUSH AIR CARGO INC 

Certificate No.: Q0BC244L 

;\^,. . • c"^^.^ / - ^ ^ ' ^ <•'> :• 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Operations Specifications 

A008. Operational Control HQ Control 

HQ Revision 

01/04/07 

020 

a. The system described or referenced below shall be used by the certificate holder that conducts 

operations under 14 CFR Part 135 to provide operational control for its flight operations. The essential 

elements of operational control described in subparagraph d. below must be included or described in that 

system. 

The certificate holder is a Single Pilot-in-Command operator issued OpSpec A039. The pilot-incommand (PIC) listed in OpSpec A039 has sufficient knowledge of the certificate holders OpSpecs in order 

to determine whether a Part 135 flight or series of flights can be initiated, conducted, or terminated safely 

in accordance with all appropriate regulations, OpSpec authorizations, OpSpec limitations, OpSpec 

procedures, and the aircraft maintenance and MEL requirements. The PIC is responsible to ensure all 

second-in-command (SIC) pilots listed in OpSpec A039 are qualified before and during all flight 

operations. The PIC is responsible for filing the appropriate flight plan for each Part 135 flight to be 

conducted and to notify the FAA and the certificate holders main office of any emergency operation by 

radio, telephone, or other pre-arranged method of communication. If the PIC is unable to provide the 

appropriate notification, the responsibility falls to the SIC. 

b. Certificate Holder Responsibilities: 

(1) The certificate holder retains all responsibility for the operational control of aircraft operations, 

and thus the safety of each flight conducted under this certificate and operations specification, including the 

actions or inactions of all direct employees and agents of the certificate holder. 

(2) This responsibility is not transferable to any other person or entity. 

(3) The certificate holder's responsibility for operational control supersedes any agreement, contract, 

understanding or arrangement, either oral or written, expressed or implied, between any persons or entities. 

c. The certificate holder may not engage in any of the following practices and shall not; 

(1) Franchise or share the certificate holder's authority for the conduct of operations under its 

certificate and operations specifications to or with another person or entity. 

(2) Use a "Doing Business As" (DBA) name in any way that represents an entity that does not hold an 

air carrier or operating certificate and operations specifications as having such a certificate and operations 

specifications. 

(3) Engage in a Wet Lease Contrary to 14 CFR Section 119.53. In accordance with 

Section 119.53(b), the certificate holder may not wet lease from or enter into any wet leasing arrangement 

with any person not authorized by the FAA to engage in common carriage operations under 14 CFR 

Parts 121 or 135 (as appropriate), whereby that other person provides an aircraft and at least one 

crewmember to the certificate holder. A lease, or other business arrangement with a lease, is considered a 

wet lease if any of the following conditions exists: 

(a) The certificate holder and the aircraft owner/lessor agree that the certificate holder is required •'t / 

to use the aircraft owner's/lessor's pilot in Part 135 operations, 

(b) The aircraft owner/lessor is obligated to furnish pilots to the certificate holder to operate the 

aircraft, or. 

t^' 

\0 ( \ 

Print Date: 4/12/2008 A008-1 

BUSH AIR CARGO INC 

Certificate No.: Q0BC244L 
U.S. Department 

of Transportation 

Federal Aviation Operations Specifications 

Administration 

(c) The aircraft owner/lessor has the power to veto who the certificate holder will use to pilot the 

aircraft in Part 135 operations, so as to limit the certificate holder to using only the owner/lessor's pilots. 

(4) Transfer, surrender, abrogate, or share operational control responsibility with any party. 

(5) Engage in any arrangement with an aircraft owner, lessor or any other person or entity, such as an 

aircraft management entity, which allows the use of an aircraft for operations under these operations 

specifications without a complete, effective and sustainable transfer of operational control to the certificate 

holder for all Part 135 operations conducted under these operations specifications. 

d. Elements of Operational Control. The following items are essential elements of operational control 

and are required to be components of the operational control system, used by the certificate holder, and as 

described or referenced in subparagraph a. above: 

(1) Crewmember Requirements. The certificate holder may not conduct any operation under Part 

135, unless each of the certificate holder's crewmembers is: 

(a) The certificate holder's direct employee or agent during every aspect of the Part 135 

operations, including those aspects related to any pre-flight and post-flight duties. The certificate holder is 

accountable for the actions and inactions of these persons during all its aircraft operations. 

(b) Currently trained and/or tested, qualified, and holds the appropriate airman and medical 

certificates to conduct flights for the certificate holder under Part 135, and is otherwise qualified to accept 

the specific flight assignment, considering flight and rest requirements, airspace qualification and the type 

of operation intended in the assignment. Each pilot must be specifically listed by name and airman 

certificate number on a list of pilots maintained by the certificate holder at its main base of operations or 

listed in operations specification A039 or A040, if applicable. This information must be available for 

inspection by the Administrator as specified in Section 135.63. 

(2) Aircraft Requirements. The certificate holder may not conduct any operation under Part 135 

unless each aircraft used in its Part 135 operations is: 

(a) Owned by the certificate holder and remains, without interruption in the certificate holder's 

legal and actual possession (directly or through the certificate holder's employees and agents) during all of 

its Part 135 flights; or 

(b) Leased by the certificate holder or otherwise in the legal custody of the certificate holder and 

remains in the certificate holder's exclusive possession or custody during all of its Part 135 flights. 

(c) For each aircraft which the certificate holder uses under these operations specifications, the 

aircraft owner or other lessee of the aircraft may operate the aircraft under Part 91, under the control and 

responsibility (including potential liability for an unsafe operation) of the owner or other lessee, as long as 

the following condition is met: 

The certificate holder ensures that the maintenance of the aircraft continues to adhere to the 

certificate holder's maintenance program at all times or, when the aircraft is retumedto the certificate 

holder but before the aircraft is operated under Part 135 again by the certificate holder, that aircraft 

undergoes an appropriate airworthiness conformity validation check. 

(3) Exclusive Aircraft Use Requirements for Part 135 Operations. At least one aircraft that meets the 

requirements for at least one kind of operation authorized in the certificate holder's operations 

specifications must remain in the certificate holder's exclusive legal possession and actual possession 

(directly or through the certificate holder's employees and agents) as specified in Section 135.25. This 

Print Date: 4/12/2008 A008-2 Certificate No.: Q0BC244L 

BUSH AIR CARGO INC ^>e.v-f^^ ^L,.?.. ^ u.e/^P-y<-

/ 
U.S. Department 

of Transportation 

Federal Aviation Operations Specifications 

Administration 

aircraft cannot be listed on any other Part I 19 certificate holder's operations specification during the term 

of the exclusive use lease. 

(4) Use of Other Business Name(s) (DBAs): 

(a) The certificate holder may not allow or create the circumstances that would enable any other 

entity to conduct a flight for compensation or hire under Parts 119, 121 or 135 as if that entity were the 

certificate holder. 

(b) The certificate holder shall not operate an aircraft under Part 135 under the name or fictitious 

name of any other person or entity, unless authorized in operation specification AOOl of these operations 

specifications. Such authorization does not authorize any person or entity, other than the certificate holder, 

to conduct operations under the certificate holder's certificate and operations specifications. 

(c) The certificate holder may not allow the use of a fictitious name to obscure the certificate 

holder's responsibility and accountability to exercise operational control over its flight operations. 

(5) Aircraft Operation Agreements and Other Arrangements. 

(a) In accordance with Section 119.53(b), the certificate holder may not wet lease from or enter 

into any wet leasing arrangement with any person not authorized by the FAA to engage in common 

carriage operation under Parts 121 or 135, whereby that other person provides an aircraft and at least one 

crewmember to the certificate holder. This requirement does not prohibit the separate use of a 

crewriiember by the certificate holder when that crewmember is also employed by the aircraft's owner or 

lessor. 

(b) Any agreement or arrangement between the certificate holder and an aircraft owner must fully 

explain how the certificate holder oversees and ensures that only airworthy aircraft are used in its Part 135 

"operations. 

(c). The certificate holder's operational control system must include a system of ensuring that it 

has complete, effective and sustainable operational control over each aircraft operated under these 

operations specifications, and that no surrender or loss of operational control exists. 

(d) The certificate holder may not operate any aircraft in Part 135 operations, which is subject to 

an agreement between the certificate holder and the aircraft owner or any lessee of the aircraft, if that 

agreement shifts liability and accountability for the safety of the certificate holder's Part 135 flight 

operations from the certificate holder to the aircraft owner or other parties. 

(6) Management Personnel and Persons Authorized to Exercise Operational Control: 

(a) Prior to conducting a Part 135 flight or series of flights, at least one management person or a 

management person designee (who is a direct employee of the certificate holder) listed in operations 

specification A006 (Management Personnel) of these operations specifications, other than a pilot assigned 

to the specific flight or series of flight, must determine and have sufficient knowledge of the following: 

(i) Whether each assigned crewmember is qualified and eligible to serve as a required 

crewmember in the aircraft and type of operation to which the crewmember is assigned (see 

subparagraph d.(l)(b) above) and 

Print Date: 4/12/2008 A008-3 Certificate No.: Q0BC244L 

BUSH AIR CARGO INC ,\\,.,r.s^l ,--V..,--i •• •./S-'^yr'^, 

v-> 
U.S. Department 

of Transportation 

Federal Aviation Operations Specifications 

Administration 

(ii) Whether the aircraft assigned for use is listed in operations specification D085, and is 

airworthy under the certificate holder's FAA-approved maintenance, inspection, or airworthiness program, 

as appropriate. 

(b) Prior to conducting a Part 135 flight or series of flights, at least the pilot assigned in 

accordance with subparagraph d.(6)(a)(i) above must determine and have sufficient knowledge of the 

following: 

(i) Whether a Part 135 flight or series of flights can be initiated, conducted, or terminated 

safely and in accordance with the authorizations, limitations, and procedures approved in the certificate 

holder's operations specifications, general operations manual, or subparagraph a. above and the appropriate 

regulations. 

(ii) Notwithstanding the requirements of subparagraph d.(6)(a) above, this determination and 

knowledge described in subparagraph d.(6)(b)(i) above may be made for the certificate holder by pilots 

and/or flight crewmembers assigned to a flight or series of flights, in accordance with policies, procedures, 

and standards prescribed by the certificate holder. 

(A) Such non-management persons shall meet the requirements of Section 119.69(d), 

and their names, titles, and duties, responsibilities, and authorities shall be specified in the general 

operations manual, or described in subparagraph a. above, or 

(B) Those certificate holders issued operations specification A039 or A040, the persons 

listed in those operations specifications must determine and have sufficient knowledge of whether a Part 

135 flight or series of flights can be initiated, conducted, or terminated safely in accordance with the 

authorizations, limitations, and procedures approved in subparagraph a. above and in accordance with the 

appropriate regulations. 

(7) Operational Control Information Requirements: 

(a) Prior to the certificate holder conducting any flight operation under Part 135, the certificate 

holder must provide information to the designated pilot in command (PIC) that indicates which flight or 

series of flights will be conducted under Part 135, that indicates which Part 91 flights will be conducted by 

the certificate holder, and that the certificate holder is accountable and responsible for the safe operations of 

these flights or series of flights. (For those issued operations specification A039 or A040 the pilots listed in 

those operations specifications are accountable and responsible for the safe operations of these flights or 

series of flights.) 

(b) The system of operational control for Part 135 operations must ensure that each pilot is 

knowledgeable that the failure of a pilot to adhere to the certificate holder's directions and instructions, or 

compliance with directions or instructions from an aircraft owner (other than the certificate holder), or any 

other outside private person or private entity, that are contrary to the certificate holder's directions or 

instructions, while operating aircraft under these operations specifications, may be contrary to Parts 119 

and/or 135, and therefore may be subject to legal enforcement action by the FAA. 

(c) These requirements do not apply to the following: 

(i) Air Traffic Control instructions, clearances. Notices to Airmen (NOTAMs) received from 

FAA or cognizant foreign Air Traffic Control authorities, 

(ii) Aeronautical safety of flight information received by the pilot, and. 

Print Date: 4/12/2008 A008-4 Certificate No.: Q0BC244L 

BUSH AIR CARGO INC AV, .iO?.... i-,a o - t^ >ri-'^*H ^ 

\ 
U.S. Department 

of Transportation 

Federal Aviation Operations Specifications 

Administration 

(iii) Operation under the emergency authority of the PIC in accordance with Section 91.3(b), 

and/or Section 135.19(b). 

1. Issued by the Federal Aviation Administration. 

2. Support information reference: 

3. These Operations Specifications are approved by direction of the Administrator. 

Stewart, Stephen J. Principal Operations Inspector AL03 

4. Date Approval is effective: 12/14/07 Amendment Number: 0 

5. I hereby accept and receive the Operations Specifications in this paragraph. 

Tiernan, Barton M. General Manager Date: 12/14/07 

Print Date: 4/12/2008 A008-5 Certificate No.: Q0BC244L ^ 

BUSH AIR CARGO INC /A.^.'?/•>. :^«-.v-? U-V)-;-<!<:J7'^^ ^, V ^ 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Operations Specifications 

A039. Single Pilot-in-Command Operator HQ Control: 

HQ Revision: 

03/02/05 

OOd 

a. Single Pilot-in-Command Operator. The certificate holder is authorized (in accordance with the 

deviation provisions of Title 14 Code of Federal Regulation (CFR) Sections 135.21(a), 119.69(b), 

135.341(a), and the conditions and limitations of this paragraph) to conduct operations as a Single Pilot-inCommand Operator. The certificate holder shall conduct all operations in accordance with Part 135 under 

the conditions and limitations of this operations specification. 

b. The certificate holder shall conduct all operations under Part 135 in accordance with the following 

deviation limitations and conditions. 

(1) An operations manual, as required by Section 135.21: 

No deviation 

(2) Management personnel, as required by Section 119.69: 

Management position of General Manager authorized. 

(3) An approved pilot training program, as required by Section 135.341: 

No deviation 

c. The certificate holder shall conduct its Part 135 operations in accordance with the following 

conditions: 

(1) The only individual used as pilot-in-command is holder of Airman Certificate Number: 

NAME 

Barton M. Tiernan 

CERTIFICAT E NUMBER 

560949040 

(2) The following individuals are the only persons used as second-in-command pilots: 

NAME 

Donald P. Ballard 

CERTIFICAT E NUMBER 

26402844 

(3) Each second-in-command pilot meets the flight crewmember requirements of Section 135.245. 

(4) Each second-in-command pilot meets the pilot testing requirements of Section 135.293. 

(5) Each second-in-command pilot satisfactorily completes the entire test required by Section 135.293 

while occupying the normal second-in-command duty station. 

(6) No aircraft type certificated for more than nine passenger seats is used. 

(7) No Category II or III instrument approach operations are conducted. 

(8) No operations are conducted outside the United States, Canada, Mexico, and the Caribbean. 

(9) For the above deviations to be effective, they must also be listed in OpSpec A005. 

^6 .6 KO 

\C\ 

9 

c ^ fe 

Print Date: 4/12/2008 A039-1 

BUSH AIR CARGO INC 

Certificate No.: Q0BC244L v< 

yny 
U.S. Department 

of Transportation 

Federal Aviation Operations Specifications 

Administration 

1. Issued by the Federal Aviation Administration. 

2. Support information reference: 

3. These Operations Specifications are approved by direction of the Administrator. 

Stewart, Stephen J. Principal Operations Inspector AL03 

4. Date Approval is effective: 12/14/07 Amendment Number: 0 

5. I hereby accept and receive the Operations Specifications in this paragraph. 

Tiernan, Barton M. General Manager Date: 12/14/07 

Print Date: 4/12/2008 A039-2 Certificate No.: Q0BC244L \1 ^ 

BUSH AIR CARGO INC ,.>.>, ...>r '?.-'- M o -? < ^j?A^^5 ^ ^i^^^ ^ 
PO. Box 93144 

Bush Air Cargo , Inc. 

Anclioragc. Alasl<a 99.^09-3144 (907)277-7(i.S7 • Fa.\ (907)274-1725 

July 14, 2009 

Anchorage FAA Flight Standards Division 

Attention: Stephen Stewart 

4510 W. International Airport 

Anchorage, Alaska 99502 

Re: Operations Specifications A039 

Dear Stew: 

Please consider this letter a formal request to add William R. Coon, pilot certificate 

number 3037234, to Operations Specifications A039 as a second in command pilot 

("SIC"). 

Please contact me at your earliest convenience for any additional procedures you require 

to achieve this modification. 

Thanks, 

Barton M. Tiernan 

Bush Air Cargo, Inc. 

President 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Operations Specifications 

A039. Single Pilot-in-Command Operator HQ Control: 

HQ Revision: 

03/02/05 

OOd 

a. Single Pilot-in-Command Operator. The certificate holder is authorized (in accordance with the 

deviation provisions of Title 14 Code of Federal Regulation (CFR) Sections 135.21(a), 119.69(b), 

135.341(a), and the conditions and limitations of this paragraph) to conduct operations as a Single Pilot-inCommand Operator. The certificate holder shall conduct all operations in accordance with Part 135 under 

the conditions and limitations of this operations specification. 

b. The certificate holder shall conduct all operations under Part 135 in accordance with the" following 

deviation limitations and conditions. 

(1) An operations manual, as required by Section 135.21: 

No deviation 

(2) Management personnel, as required by Section 119.69: 

Management position of,General Manager authorized. 

(3) An approved pilot training program, as required by Section 135.341: 

No deviation 

c. The certificate holder shall conduct its Part 135 operations in accordance with the following 

conditions; 

(1) The only individual used as pilot-in-command is holder of Airman Certificate Number; 

NAME 

Barton M. Tiernan 

CERTIFICATE NUMBER 

560949040 

(2) The following individuals are the only persons used as second-in-command pilots: 

NAME 

William R. Coon 

Donald P. Ballard 

CERTIFICATE NUMBER 

3037234 

26402844 

(3) Each second-in-command pilot meets the flight crewmember requirements of Section 135.245. 

(4) Each second-in-command pilot meets the pilot testing requirements of Section 135.293. 

(5) Each second-in-command pilot satisfactorily completes the entire test required by Section 135.293 

while occupying the normal second-in-command duty station. 

(6) No aircraft type certificated for more than nine passenger seats is used. 

(7) No Category II or III instrument approach operations are conducted. 

(8) No operations are conducted outside the United States, Canada, Mexico, and the Caribbean. 

(9) For the above deviations to be effective, they must also be listed in OpSpec A005. 

Print Date: 7/17/2009 A039-1 

BUSH AIR CARGO INC 

Certificate No.: Q0BC244L 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Operations Specifications 

1. Issued by the Federal Aviation Administration. 

2. Support information reference: Revised to reflect the addition of William Coon to the Second in 

Command table. 

3. These Operations Specifications are approved by direction of the Administrator. 

Stewart, Stephen J. Principal Operations Inspector 

4. Date Approval is effective: 7/16/09 

5. I hereby accept and receive the Operations Specifications in this paragraph. 

AL03 

Amendment Number: 1 

Tiernan, Barton M. General Manager Date: 7/16/09 

Print Date: 7/17/2009 A039-2 

BUSH AIR CARGO INC 

Certificate No.: Q0BC244L 

'V Cy 

"V 
e 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Anchorage Flight Standards District Office 

AlasKan Region 

300 W. 36'" Ave., Suite 101 

Anchorage, AK 99503 

Phone: (907)271-2000 

Fax: (907)271-4777 

1-800-294-5116 

LX)NCyRRGNCF.5 

I 

September 23, 2009 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Barton M. Tiernan 

PO Box 93144 

Anchorage, AK 99509-3144 

Dear Mr. Tiernan. 

Personnel of Vn'is office are investigating 19 flights conducted by Bush Air Cargo, Inc., 

between February and April 2009, for which the assigned Second in Command pilot 

was not listed as required In Operation Specification A039. Operations of this type are 

contrary to Title 14 of the Code of Federal Regulations. 

This letter is to inform you that this matter is under investigation by the Federal Aviation 

Administration. We would appreciate receiving any evidence or statements you might 

care to make regarding this matter within ten (10) days of receipt of this letter. Any 

discussion or written statements furnished by you will be given consideration in our 

investigation. If we do not hear from you within the specified time, our report will be 

processed without benefit of your statement. 

If you have any questions on this or any other matter, please not hesitate to contact 

me. 

Sincerely, 

Stephen J. Stewart 

Aviation Safety Inspector 

Customer Feedback 

http://www.faa.gov/about/office org/headquarters offices/avs/offices/afs/qms/ 

WP: AL03/K://DOCUMENTS/SWU/ASI/Stewart/EIRyBush LOI 

ALFSDO-03:SStewart:SJS:907-271-4263:09/23/2009 

TOUTING SYMBOl 

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ROUTING SYMBOL 

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Barton Tiernan To Stephen Stewart/AAL/FAA@FAA 

<bushaircargo@gmaN.com> 

12/03/2009 12:31 PM 

cc 

bcc 

Subject Re: Flights Involving IMr. Coon 

Stew: 

Correct, TEL is Telequana Lake. All 19 flights were revenue flights. 

I require a minimum of 4,000 feet groomed with snow machines, 50 feet wide, markers at the 

thresh holds and every 150 feet, and a turn-around with a diameter of 150 feet. I require a 

minimum of 22 inches of ice all along the runway (a hole every 200 feet). Of course I will not 

land on glare ice can't stop. I inform the customer I can be on the ground/ice for no longer 

than 45 minutes and thus must provide adequate labor to assist in unloading. I either check out 

the runway myself in person or have someone I trust check it out if I am imavailable. The one 

time this procedure did not work out is when I landed at Shell Lake where there was volcano ash 

underneath about 2 inches of fresh snow. I knew of the conditions but did not consider the warm 

weather that brought the ash to the top of the surface snow and made it difficult to get to V2 on 

take-off (but quicker to stop; about 600 feet with a full load). The customers had about 5,000 

feet of groomed runway to use and so there was no issue. So far, almost all of my customers 

have been excellent....mostly pilots who respect and appreciate the requirements. 

However, after several trips successful trips into Judd Lake, and toward the end of the season last 

winter, I was told by the customer (a lawyer and low time pilot) the Lake was still good. After 

eyeballing the lake on two low approaches, I decided the Lake was in fact not safe and returned 

to Anchorage to unload the freight. I lost money on that trip, but no amount of money justified 

the risk. 

Yes, I am still interested in upgrading to a Basic. I have all my manuals written, but have not 

fully reviewed all of them. From what I have reviewed, my "expert" has done a great job. I will 

submit them by the 1 st of the year. 

I will be doing training after the first of the year and would like to schedule check rides toward 

the end of February or first of March if that works into your schedule. I will email you the 

schedule for training. It will be Ballard, Coon, and a third co-pilot which I have not identified as 

yet. 

Things are great here; the family is healthy, we had a great T-Day, the Christmas lights and tree 

are up, and we are looking forward to the new year. I hop^ you and yours are doing well, had an 

enjoyable T-Day, and will enjoy the upcoming holidays. 

Thanks, 

Bait 

Bart Tiernan 

President 

Bush Air Cargo, Inc. 

P.O. Box 93144 
g? 

«i»ttTwwY»rrr Stephen StewBft/AAL/FAA 

y ^ AAL-ANC-FSDO-03, 

•*\G)* Anchorage, AK 

>w>M/t»uAtf 12/03/2009 09:56 AM 

To Barton Tiernan <bustiaircargo@gmall.conn> 

cc 

bcc 

Subject Flights Involving Mr. Coon 

Bart: 

The nineteen flights conducted between 02/21/2009 and 05/01/2009, utilizing Mr. Coon as the second in 

command, were all revenue flights...con'ect? 

i have been looking at the flight logs and am curious if the location TEL means Telequana Lake? I noticed 

a number of TEL's, Judds and Shells. I am curious if you had good success getting your customers at 

these locations to groom and mark strips for you. if so, how long and wide do you request? 

The office recently reorganized and I am still your POI. That in mind, if you want to continue your proposal 

to upgrade to a Basic or full blown operator, let me know. Winter can be a good time to follow up on such 

projects. 

Hope all is well with you and that you had an enjoyable Thanksgiving. 

Stewart 

,/] (' 

^ 
10/01/07 2150.38 

r 1 

4 

Appendix B 

Table of Sanctions 

All Enforcement Programs 

Except Hazardous Materials 

Part One - Abbreviations and Definitions 

1. Applicability. This table of sanctions applies to violations that occurred on or after 

October 1, 2007. For violations occurring before October 1, 2007, FAA enforcement personnel 

apply the sanction guidance principles in FAA Order 2150.3 A using up to the statutory 

maximum sanction amount in effect at the time of the violation. 

2. Abbreviations. The following abbreviations are used in this Table: 

APIS means approved production inspection system 

A/W means airworthiness 

A WC means airworthiness certificate 

BTS means Under Secretary for Border and Transportation Security 

lA means inspection authorization 

LE means law enforcement 

PC means production certificate 

STC means supplemental type certificate 

TC means type certificate 

TFR means Temporary Flight Restriction 

TSA means Transportation Security Administration 

3. Definitions: 

I 

a. A continuing violation arises when a specific violation occurs over more than one day 

or over more than one flight. It also may involve a violation that is ongoing, ybr example, an 

ongoing refijsal to provide required records to the FAA for inspection. Punitive sanctions are 

appropriate for continuing violations that are not currently ongoing. Sanction guidance for 

these violations is set forth in paragraphs 6 and 7 {multiple acts or multiple violations) of 

chapter 7. A combination of punitive and remedial sanctions is appropriate when continuing 

violations are ongoing. 

b. Violation committed by a small business concern. Section 503 of Vision 100—Century 

of Aviation Reauthorization Act (CARA) amended 49 U.S.C. § 46301 to change the civil 

penalty amounts the FAA may seek for violations that occur on or after December 12, 2003; 

the law sets different limits on the civil penalties the FAA may seek for violations by small v 

business concerns, as opposed to violations by other entities. Vision 100 CARA gives small nV^ 

business concern the same meaning as in the Small Business Act (15 U.S.C. § 632). Section "2/ 

632 defines small business concern as an enterprise "which is independently owned and 

operated and which is not dominant in its field of operation." The Small Business 

Administration regulations implement the Small Business Act and define business concern as 

,c\ \^ 

B-1 

\ ^ 

^ 
10/01/07 2150.3B 

"a business entity organized for profit, with a place of business located in the U.S., and which 

operates primarily within the U.S. or which makes a significant contribution to the U.S. 

economy through payment of taxes or use of American products, materials or labor." 13 

C.F.R. § 121.105. The SBA regulations further define small business concern in tables, 

describing each kind of entity by its economic activity or industry, and listing the limit for 

small by aimual receipts or, more conunonly, nunaber of employees. (The size limits generally 

are established under the North American Industry Classification System (NAICS).) For the 

complete list, see 13 C.F.R. § 121.201 or the SBA's website atwww.sba.gov. Thus, if a person 

meets the definition of business concern and has annual receipts or the number of employees 

within the applicable SBA limit, it is a small business concern, and the FAA will determine the 

civil penalty using the applicable range. Limits for common aviation entities follow (in 

numbers of employees, unless otherwise noted). 

Manufacturing 

Aircraft - 1,500 employees 

Aircraft engine and part - 1,000 employees 

Other aircraft part and equipment - 1,000 employees 

Air transportation 

Scheduled passenger- 1,500 employees 

Scheduled fi-eight- 1,500 employees 

Nonscheduled passenger- 1,500 employees 

Nonscheduled offshore marine passenger - $25.5 million aimual receipts 

Nonscheduled freight - 1,500 employees 

Nonscheduled offshore marine freight - $25.5 million aimual receipts 

Other nonscheduled - $6.5 million annual receipts 

Support activities - $6.5 million annual receipts 

Flight Training - $23.5 million aimual receipts 

Airport operations 

Airport operator, organized for profit - $6.5 million annual receipts 

Other operations, excluding air traffic control - $6.5 million annual receipts 

Note that the following guidance uses large business concern for some civil penalty ranges. 

That is not a statutory or regulatory term for purposes of FAA enforcement. It includes each 

business concern that exceeds the maximum limit for small business concern, as well as any 

other entity that does not meet the definition of "small business concern." 

c. Civil Penalty Ranges. For the purpose of this table, when civil penalty action is 

recommended and described as Minimum, Moderate, or Maximum, the penalty ranges are 

defined in subparagraphs (I) through (9) of this paragraph. Note that the middle of each 

recommended sanction range would be for a'single violation without aggravating or mitigating 

factors. 

B-2 
10/01/07 2150.38 

(1) VIOLATION COMMITTED BY U.S. AIR CARRIERS OR U.S. COMMERCIAL 

OPERATOR. 

CLASSIFICATION OF AIR CARRIER AND OPERATOR 

GROUP I - Each air carrier operating under part 121 or part 135, with an annual operating 

revenue of $100,000,000 or more. Operating revenue is determined by reference to DOT's 

"Air Carrier Industry Scheduled Service Traffic Statistics Quarterly." See 

http://ostpxweb.dot.^ov/aviation/index.html. and click on "Airline Financial Review." 

GROUP II - Each air carrier or commercial operator operating under part 121 with an annual 

operating revenue of less than $100,000,000, or under part 135 with an annual operating 

revenue of less than $100,000,000, if the 135 operator has 50 or more pilots and 25 or more 

aircraft on its operations specifications. Operating revenue is determined by reference to 

DOT'S "Air Carrier Industry Scheduled Service Traffic Statistics Quarterly." 

GROUP III - Each air carrier or commercial operator operating under part 135 with 6 to 49 

pilots or 6 to 24 aircraft. 

GROUP IV - Each air carrier or commercial operator operating under part 135 with no more 

than 5 pilots and no more than 5 aircraft. 

GROUP I - large business concern 

Maximum 

Moderate 

Minimum 

$18,750-$25,000 

$10,000-$ 18,749 

$2,000-$9,999 

GROUP I - small business concern (for violations covered under 49 U.S.C. 

§ 46301(a)(5)(A)): 

Maximum $8,250-$ 11,000 

Moderate $4,400-$8,249 

Minimum $l,100-$4,399 

GROUP I - small business concern (for violations covered under 49 U.S.C. § 46301(a)(1)(A) 

or (B) but not under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum $850-$ 1,100 

Moderate $650-$849 

Minimum $500 $649 

, 4 | 

GROUP II - large business concern: 

B-3 

\ ^ r/ 

-7/ ^ 
10/01/07 2150.38 

Maximum $l6,250-$25,000 

Moderate $8,750-$ 16,249 

Minimum $l,850-$8,749 

GROUP II - small business concern (for violations covered under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum $8,250-$ 11,000 

Moderate $3,850-$8,249 

Minimum $935-$3,849 

GROUP II - small business concern (for violations covered under 49 U.S.C. § 46301(a)(1)(A) 

or (B) but not under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum $750-$ 1,100 

Moderate $450-$ 749 

Minimum $250$ 449 

GROUP III -for violations covered under 49 U.S.C. § 46301(a)(5)(A): 

Maximum $7,150-$ 11,000 

IVIoderate $3,300-$7,l49 

Minimum $825-$3,299 

GROUP III - for violations covered under 49 U.S.C. § 46301(a)(1)(A) or (B) but not under 49 

U.S.C. §46301(a)(5)(A): 

Maximum $650-$ 1,100 

Moderate $400-$ 649 

Minimum $150-$ 399 

GROUP IV -for violations covered under 49 U.S.C. § 46301(a)(5)(A): 

Maximum $4,400-$ 11,000 

Moderate $2,200-$4,399 

Minimum $550-$2,199 

GROUP IV - for violations covered under 49 U.S.C. § 46301(a)(1)(A) or (B) but not under 49 

U.S.C. § 46301(a)(5)(A): 

Maximum $500-$ 1,100 

Moderate $300-$499 

B-4 
10/01/07 2150.38 

Minimum $100-$299 

(2) VIOLATION COMMITTED BY PART 129 OPERATOR 

Maximum $18,750-$25,000 

Moderate $10,000-$ 18,749 

Minimum $2,000-$9,999 

(3) VIOLATION COMMITTED BY PART 125 OPERATOR. 

Large Business Concern: 

Maximum $16,250-$25,000 

Moderate $8,750-$ 16,249 

Minimum $l,850-$8,749 

Small Business Concem (for violations covered under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum 

Moderate 

Minimum 

$8,250-$ 11,000 

$3,850-$8,249 

$935-$3,849 

Small Business Concem (for violations covered under 49 U.S.C. § 46301(a)(1)(A) or (B) but 

not under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum $750-$ 1,100 

Moderate $450-$749 

Minimum $250 $449 

i 

(4) VIOLATION COMMITTED BY AIR AGENCY (INCLUDING REPAIR STATION). 

Large Business Concem: 

Maximum 

Moderate 

Minimum 

$l6,250-$25,000 

$8,750-$ 16,249 

$l,850-$8,749 

Small Business Concem (for violations covered under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum 

Moderate 

Minimum 

$7,150-$ 11,000 

$3,850-$7,149 

$935-$3,849 

B-5 

-y\L 
10/01/07 2150.38 

Small Business Concem (for violations covered under 49 U.S.C. § 46301(a)(1)(A) or (B) but 

not under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum $750-$ 1,100 

Moderate $450-$749 

Minimum $250 $449 

(5) VIOLATION COMMITTED BY AIRPORT OPERATOR. 

Large Business Concem: 

Maximum $18,750-$25,000 

Moderate $10,000-$18,749 

Minimum $2,000-$9,999 

Small Business Concem (for violations covered under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum $8,250-$ 11,000 

Moderate $4,400-$8,249 

Minimum $l,100-$4,399 

Small Business Concem (for violations covered under 49 U.S.C. § 46301(a)(1)(A) or (B) but 

nof under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum $850-$ 1,100 

Moderate $650-$849 

Minimum $500 $649 

(6) LARGE BUSINESS CONCERN - DOES NOT HOLD CERTIFICATE 

Maximum $18,750-$25,000 

Moderate $10,000-$ 18,749 

Minimum $2,000-$9,999 

(7) SMALL BUSINESS CONCERN - DOES NOT HOLD CERTIFICATE 

For violations covered under 49 U.S.C. § 46301(a)(5)(A): 

Maximum $4,400-$ 11,000 

Moderate $2,200-$4,399 

Minimum $550-$2,199 

B-6 

^ 
h i 

10/01/07 2150.38 

For violations covered under 49 U.S.C. § 46301(a)(1)(A) or (B) but not under 49 

U.S.C. § 46301(a)(5)(A): 

Maximum $500-$ 1,100 

Moderate $300-$499 

Minimum $100-$299 

(8) VIOLATION RELATING TO THE TRANSPORTATION OF A HAZARDOUS 

MATERIAL (14 CFR). THE REGISTRATION OR RECORDATION OF AN 

AIRCRAFT NOT USED TO PROVIDE AIR TRANSPORTATION. 

THE LIMITATION ON THE CONSTRUCTION OR ESTABLISHMENT OF A 

LANDFILL. OR THE SAFE DISPOSAL OF A LIFE-LIMITED AIRCRAFT PART. 

Large Business Concem (if entity is not within a more specific category, for example, 

Group I Air Carrier or Operator): 

AiiMaximum 

Moderate 

Minimum 

$16,250-$25,000 

$8,750-$ 16,249 

$l,850-$8,749 

Small Business Concem (if not within a more specific category for example, Group II 

Carrier or Operator) or Individual: 

For violations covered under 49 U.S.C. § 46301(a)(5)(A): 

Maximum 

Moderate 

Minimum 

$4,400-$ 11,000 

$2,200-$4,399 

$550-$2,199 

For violations covered under 49 U.S.C. § 46301(a)(1)(A) or (B) but not under 49 

U.S.C. § 46301(a)(5)(A): 

Maximum 

Moderate 

Minimum 

$500-$ 1,100 

$300-$499 

$100-$299 

f-M 

(9) OTHER VIOLATION COMMITTED BY AN INDIVIDUAL. 

AIRMAN SERVING AS AN AIRMAN - INDIVIDUAL SERVING IN CAPACITY OF AN 

AIRMAN. ALL VIOLATIONS EXCEPT THOSE LISTED IN (8). 

Maximum $850-$ 1,100 

8-7 

V\ 
10/01/07 2150.38 

Moderate $650-$849 

Minimum $500-$649 

OTHER INDIVIDUAL - NOT SERVING IN CAPACITY OF AIRMAN. 

For violations covered under 49 U.S.C. § 46301(a)(5)(A): 

Maximum $4,400-$ 11,000 

Moderate $2,200-$4,399 

Minimum $550-$2,199 

For violations covered under 49 U.S.C. § 46301(a)(1)(A) or (B) but not under 49 

U.S.C. § 46301(a)(5)(A): 

Maximum $500-$ 1,100 

Moderate $300-$499 

Minimum $l00-$299 

(10) ENGINEERING AND MANUFACTURING VIOLATIONS. 

Large Business Concem: 

Maximum $18,750-$25,000 

Moderate $10,000-$ 18,749 

Minimum $2,000-$9,999 

Small Business Concem or Individual (for violations covered under 49 U.S.C. § 

46301(a)(5)(A): 

Maximum $8,250-$ 11,000 

Moderate $4,400-$8,249 

Minimum $l,100-$4,399 

Small Business Concem or Individual (for violations covered imder 49 U.S.C. § 

46301(a)(1)(A) or (B) but not under 49 U.S.C. § 46301(a)(5)(A): 

Maximum $850-$ 1,100 

Moderate $650-$849 

Minimum $500 $649 

8-8 
10/01/07 2150.38 

d. Pending compliance or corrective action: injunctive relief For many kinds of violations, 

there may be circumstances where the FAA should not allow the offending entity to continue to 

operate or to continue in business. Examples include a certificate holder that does not allow an 

FAA inspector to inspect the holder's operation or facilities, or an unapproved manufacturer 

that produces aircraft parts in violation of 14 C.F.R. § 21.303. In that circumstance, suspension 

of an entity's certificate or other approval, pending compliance or corrective action, or 

injunctive relief against an entity that does not hold an FAA approval, would be appropriate. 

In egregious circumstances revocation of the entity's certificate or other approval may be 

warranted. Such action or relief may be considered in addition to the assessment of a civil 

penalty as recommended in the following tables. 

Furthermore, amendment or modification of a certificate or approval may be appropriate in the 

circumstance where a definitive part of the offending entity's operation can be safely excluded 

from the operational approval. An example is an approved aircraft parts manufacturer that 

makes multiple kinds of parts, but has quality control problems for only one kind of part. Such 

action may be considered in addition to the assessment of a civil penalty as recommended in 

the following tables. 

Part Two - Sanction Guidance Tables 

Index 

I. U.S. Air Carriers, U.S. Commercial Operators, Part 125 Operators, and Part 129 

Operators. 

Fig. B-1-a. Maintenance Manual 

Fig. B-1-b. A/W Directive 

Fig. B-l-c. Operations Specifications 

Fig. B-l-d. Facilities and Equipment 

Fig. B-l-e. Maintenance and Inspection Organization 

Fig. B-l-f Training Program 

Fig. B-l-g. Maintenance or Aircraft Paperwork 

Fig. B-l-h. Performance of Maintenance 

Fig. B-l-i. SFAR36 

Fig. B-l-j. Records and Reports 

Fig. B-l-k. Dispatch and Flight Release Rules 

Fig. B-1-I. Operationofunairworthy aircraft 

Fig. B-l-m. Provisions specific to passenger-carrying 

Fig. B-l-n. Provisions specific to flight deck crew 

Fig. B-l-o. Other provisions 

Fig. B-1-p. Operations at airports requiring slots 

^ 

^m 

2. Personnel of Air Carriers, Commercial Operators, and Part 125 Operators. 

Fig. B-2-a. Maintenance, including inspection 

Fig. B-2-b. Inspection 

8-9 / 
10/01/07 2150.38 

Fig. B-2-C. Records and Reports 

Fig. B-2-d. Flight operations 

Fig. B-2-e. Other provisions applicable to individual certificate holders 

Fig. B-2-f Other Air Carrier Personnel 

3. Individuals and General Aviation - Owners, Pilots, Repair Stations, Pilot Schools, 

Maintenance Personnel. 

Fig. B-3-a. Owners and Operators Other Than Required Crewmembers 

Fig. B-3-b. Repair Stations 

Fig. B-3-c. ID Plate Violations 

Fig. B-3-d. Part 141 Pilot Schools 

Fig. B-3-e. General Aviation Maintenance Personnel 

Fig. B-3-f Student Operations 

Fig. B-3-g. Flight Instmctors 

Fig. B-3-h. Odier Violations 

Fig. B-3-i. Weather Operations 

Fig. B-3-j. 14 C.F.R. 91.13(a), Careless or reckless operation so as to endanger (independent 

violation) 

Fig. B-3-k. Passenger operations 

Fig. B-3-1. Acting or attempting to act as a crewmember under the influence of dmgs or 

alcohol; consumption of alcohol before operating an aircraft 

Fig. B-3-m. Crime; security risk; falsification 

Fi^. B-3-n. Miscellaneous 

Fig. B-3-0. Operations at Airports Requiring Slots 

Fig. B-3-p. Unmly passengers 

Fig. B-3-q. Other Violations by Passengers 

4. DUI/DWl Program, Falsification of Drug Convictions and Airman Medical 

Certificate Violations. 

Fig. B-4-a. Sanctions related to DUI/DWI Program 

Fig. B-4-b. Airman Medical Certificate Violations 

Fig. B-4-C. Dmg convictions - no falsification involved 

5. Drug and Alcohol Testing Violations. 

Fig. B-5-a. Dmg and alcohol testing violations ^ 

Fig. B-5-b. Coverage i 

Fig. B-5-C. Pre-employment dmg testing 

Fig. B-5-d. Random dmg and alcohol testing 

Fig. B-5-e. Post-accident dmg and alcohol testing 

Fig. B-5-f Reasonable cause dmg and reasonable siispicion alcohol testing 

Fig. B-5-g. Retum to duty dmg and alcohol testing 

8-10 
10/01/07 2150.38 

Fig. B-5-h. Follow-up dmg and alcohol testing 

Fig. B-5-i. Retesting covered employees 

Fig. B-5-j. Inappropriate testing 

Fig. B-5-k. Administrative and other matters 

Fig. B-5-1. Medical Review Officer (MRO) 

Fig. B-5-m. Substance Abuse Professional (SAP) referral and evaluation 

Fig. B-5-n. Employee Assistance Program 

Fig. B-5-0. Alcohol misuse information, training, and referral 

Fig. B-5-p. Violations of the dmg and alcohol prohibitions 

Fig. B-5-q. Employees located outside the Territory of the U.S. 

Fig. B-5-r. Specimen collection 

Fig. B-5-S. Laboratory issues 

Fig. B-5-t. Alcohol testing 

Fig. B-5-u. Consequences to the uncertificated individual 

Fig. B-5-V. Consequences to the certificated individual 

6. Airport Operators. 

Fig. B-6-a. Certification 

Fig. B-6-b. Certification Manual 

Fig. B-6-C. Operations 

7. Violations of Noise Provisions. 

Fig. B-7-a. Aircraft Noise (14 C.F.R. part 91, subpart I) 

8. Violations of Pilot Records Improvement Act (PRIA). 

Fig. B-8-a. PRIA 

9. Engineering and Manufacturing Violations. 

Fig. B-9-a. APIS Holders, including production under type certificate 

Fig. B-9-b. Production Certificate Holders 

Fig. B-9-C. Designees 

Fig. B-9-d. Technical Standard Order Authorization (TSOA), Letter of Design Approval, and 

Letter of Acceptance Manufacturers 

Fig. B-9-e. Replacement or Modification Parts Manufacturers 

Fig. B-9-f All Production Approval Holders 

Fig. B-9-g. TC or STC Holder; Manufacturers and Alteration Entities 

Fig. B-9-h. All persons, including designees 

10. Aircraft Owner/Operator Registration Violations. 

Fig. B-10. Registration 

B-11 h^"\ 

r?' 

L 
10/01/07 2150.38 

11. All individuals and entities: Failure to Surrender Certificate, Authorization, or Other 

Approval. 

Fig. B-11. 

1. U.S. AIR CARRIERS. U.S. COMMERCIAL OpERATOR^. PART 125 OPERATORS. AND 

PART 129 OPERATORS. 

Fig. B-l-a. Maintenance Manual 

(1) Failure to maintain current manual 

(2) Failure to provide adequate 

instmctions and procedures in 

manual 

(3) Failure to distribute manual to appropriate personnel 

(4) Release of aircraft without required equipment 

Civil Penalty 

Minimum 

Moderate to Maximuih 

Minimum to Moderate 

Moderate to Maximum 

Certificate 

Action 

Up to 7-day 

suspension 

Up to 7-day 

suspension 

Fig.B-1-b. A/W Directive 

(1) Failure to comply 

Civil Penalty 

Moderate to Maximum 

Certificate 

Action 

Fig. B-l-c. Operations Specifications 

(1) 'Exceed inspection or overhaul time limitation 

(2) Operation contrary to ops specs - technical 

noncompliance 

(3) Operation contrary to ops specs - likely potential or actual 

adverse effect on safe operation 

Civil Penalty 

Moderate 

Minimum 

Moderate to Maximum 

Certificate 

Action 

Up to 7-day 

suspension 

Fig. B-l-d. Facilities and Equipment 

(1) Failure to provide adequately for proper servicing, 

maintenance, repair, or inspection of facilities and equipment 

Civil Penalty 

Maximum 

Certificate 

Action 

Indefinite 

Suspension 

until proper 

servicing, 

maintenance, 

repair and 

inspection of 

facilities and 

equipment is 

provided to 

Revocation 

8-12 
10/01/07 2150.38 

i I 

Fig. B-l-e. Maintenance and Inspection Organization 

(1) Failure to provide or maintain a maintenance and 

inspection organization 

Civil Penalty 

Maximum 

Certificate 

Action 

Indefinite 

Suspension 

until an 

appropriate 

maintenance 

and 

inspection 

organization 

is provided to 

Revocation 

Fig. B-l-f. Training Program 

(1) Failure to have training program 

(2) Failure to maintain training program 

(3) Failure to train personnel adequately 

Civil Penalty 

Maximum 

Moderate to Maximum 

Moderate to Maximum 

Certificate 

Action 

Indefinite 

Suspension 

until 

compliance 

to 

Revocation 

Fig. B-l-g. Maintenance or Aircraft Paperwork 

(1) Incomplete or unsigned release 

(2) Failure to revise a/c data after repair 

Civil Penalty 

Minimum to Maximum 

Moderate to Maximum 

Certificate 

Action 

Fig. B-l-h. Performance of Maintenance 

(1) By unauthorized person 

(2) Failure to perform or improper maintenance 

Civil Penalty 

Maximum 

Moderate to Maximum 

Certificate 

Action 

Fig. B-l-i. SFAR36 

(1) Failure to comply - second offense 

Civil Penalty 

Maximum 

Certificate 

Action 

Fig. B-l-j. Records and Reports 

(1) Deliberate violation 

(a) Intentionally false or fraudulent entry, 

reproduction, or alteration in record or 

report 

(b) Other 

Civil Penalty Certificate 

Action 

Revocation 

180-day 

Suspension 

to 

Revocation 

8-13 

• • ( -
10/01/07 2150.38 

Fig. B-l-j. Records & Reports cont. 

(2) Failure to make accurate mechanical interruption summary 

report 

(3) Failure to make available report of major alteration or 

repair 

(4) Failure to make accurate mechanical reliability report 

(5) Failure to make required entry in aircraft log 

(6) Failure to make available pilot record 

(7) Failure to make available load manifest 

(8) Failure to monitor and record enroute radio communication 

CivU Penalty 

Moderate to Maximum 

Moderate to Maximum 

Moderate to Maximum 

Minimum to Maximum 

Moderate to Maximum 

Moderate to Maximum 

Moderate to Maximum 

Certificate 

Action 

Indefinite 

Suspension 

to 

Revocation 

Indefinite 

Suspension 

to 

Revocation 

Indefinite 

Suspension 

to 

Revocation 

Fig. B-l-k. Dispatch and Flight Release Rules 

(1) Any violation of subpart U of 14 CFR part 121 

Civil Penalty 

Moderate to Maximum 

Certificate 

Action 

i 

Fig. B-1-1. Operation of unairworthy aircraft 

(1) Technical non-conformity to TC; no likely effect on safe 

operation 

(2) Non-conformity to TC that may have, or has, adverse 

effect on safe operation 

(3) Release of aircraft without required equipment 

Civil Penalty 

Minimum 

Moderate to Maximum 

Moderate to Maximum 

Certificate 

Action 

Up to 7-day 

suspension 

Fig. B-l-m. Provisions specific to passenger-carrying 

(1) Boarding, or serving alcoholic beverage to, a person who 

appears to be intoxicated 

(2) Failure to brief passengers 

(3) Failure to ensure seat and belt for each passenger 

(4) Operation w/o operable public address system 

(5) Failure to store baggage properly 

Civil Penalty 

Maximum 

Moderate to Maximum 

Maximum 

Maximum 

Moderate 

Certificate 

Action 

Fig. B-l-n. Provisions specific to flight deck crew 

(1) Use of crewmember with expired medical certificate 

(2) Failure to make flight deck seat available to authorized 

enroute inspector 

Civil Penalty 

Minimum to Moderate 

Maximum 

Certificate 

Action 

8-14 
10/01/07 2150.38 

Fig. B-l-n. Provisions specific to flight deck crew cont. 

(3) Use of unqualified crewmember 

(4) Flight and Duty Time violation 

Civil Penalty 

Maximum 

Moderate 

Certificate 

Action 

Fig. B-l-o. Other provisions 

(1) Improperly Returning Aircraft to service 

(2) Illegal carriage of controlled substance with icnowledge of 

carrier, that is, knowledge of, or involvement in, conduct by 

top management personnel 

(3) Use of unqualified personnel other than flight deck 

crewmember 

Civil Penalty 

Maximum 

Maximum 

Certificate 

Action 

Revocation 

Fig. B-l-p. Operations at airports requiring slots 

(1) Operation without a reservation from ATC 

(2) Operation with a reservation, but at the wrong time 

(3) Use of international slot for domestic flight 

(4) Use of aircraft not meeting criteria in 

14 C.F.R. § 93.123(c)(2) in commuter slot 

Civil Penalty 

Moderate 

Moderate 

Moderate 

Moderate 

Certificate 

Action 

2. PERSONNEL OF AIR CARRIERS. COMMERCIAL OPERATORS. AND PART 125 

OPERATORS. 

Fig.'B-2-a. Maintenance, including inspection 

(1) Performing maintenance without certificate, rating, or 

authorization 

(2) Performing maintenance that exceeds limitations 

(3) Failure to perform maintenance properly 

Civil Penalty 

Maximum 

Certificate 

Action 

30- to 45-day 

Suspension 

30- to 120-

day 

Suspension 

Fig. B-2-b. Inspection 

(1) Failure to make required inspection 

(2) Making improper inspection 

(3) Improper release of aircraft to service 

(4) Releasing aircraft for service without required equipment 

Civil Penalty Certificate 

Action 

30- to 60-day 

Suspension 

30-to 120-

day 

Suspension 

30 to 60-day 

Suspension 

30 to 60-day 

Suspension 

8-15 ? J^ ' 
Bush Air Cargo, Inc. 

P.O.Box93I44 • Anchorage, Alaska 99509-3144 • (907)277-7657 • Pax (907)274-1725 

February 9, 2009 

Anchorage FSDO, AL-03 

Attention: Stephen Stewart 

300W. 36th Ave., Suite 101 

Anchorage, Alaska 99503 

Re: Training 

Dear Stew: 

This letter is intended to notify you of Bush Air Cargo company training, including new 

hire second officers, beginning February 19, 2009 through February 23, 2009, from 

9:00am to 5:00pm. Training will be at Mustang Air on the Palmer airport. As of now, 

we tentatively have five (5) people identified who will be participating. Upon your 

request I will furnish you with the information on these prospective pilots and their 

certificate numbers. 

Sincerely, 

Barton M. Tiernan 

Bush Air Cargo, Inc. 

President 

C\ 

A ^ 

i EXHIBIT 1 

lOF l 
© 300 West 36th, Suite 101 

Anchorage Flight Standards District Office Anchorage.'AK 99503 

,, ~ r^ . , Alaskan Region 

U.S. Department p^^^^. (907)271-2000 

of Transportation Fax: (907)271-4777 

Federal Aviation 1-800-294-5116 

Administration 

February 12, 2009 

Bush Air Cargo, Inc. 

Bart Tiernan - President 

PO Box 93144 

Anchorage, AK 99509-3144 

Dear Mr. Tiernan: 

LETTER OF AUTHORIZATION 

Alan G. Larson, FAA Airman Certificate Number 188428458, an authorized check 

airman for TransNorthern Aviation, Inc, is approved to conduct the following flight crew 

checks for benefit of Bush Air Cargo, Inc. 

To conduct not more than two (2) Second in Command (SIC) checks. 

These checks may only be conducted in Douglas DC-3 aircraft authorized by Bush Air 

Cargo, Inc's Operations Specifications. 

These checks may only be conducted between February 16, 2009 and March 2, 2009. 

This Letter of Authorization becomes void at 12:01 AM on March 3, 2009, or on the 

availability of your Principal Operations Inspector (POI) to conduct these SIC checks, 

whichever occurs first. 

Bush Air Cargo, Inc's management must attempt to determine the availability of its POI 

to conduct either of these two SIC checks prior to scheduling Mr. Larson to do them. 

Sincerely, 

Stephen J. Stewart 

Principal Operations Inspector 

Customer Feedback 

http://wv\w.faa.gov/about/office org/headquarters offices/avs/offices/afs/qms/ 

o-^^-^ n./)^'''^'! 

^ EXHIBIT 2 

lOF l 
AIRIMAN COiVIPETENCY/PROFiCIENCY CHECK 

FAR 135 

LOCATI PVc<w^^ DATE OF CHECK 

NAM E OF AIRMA N Hast, tint , middle initial) 

4- 4 

TYPE OF CHECK 

FAR 135.293 " ^ f* FAR 135.299 K 

^1.0T 

^cBTIFICATIO N 

INFORMATION : 

Grade Ca> AA. tv^ e,it> C/^ t»r- \ 

Number 3o^l2s<^-

MEDICAL INFORMATION : Date of Exam. 

Date of Birth ^^\'\ - J^JZ , Class SgC^A i A 

EMPLOYED BY 

\^S^^< ^ ZtN^OO 

BASED A T (City, State) TYPE AIRPLANE (Make/Model) D C ^ - C 

FLIGHT MANEUVEI 

SimulatorATraining Device (Make/Model) 

NAM E OF CHECK AIRMAN FLIGHT TIM E 

AZ, /jny/AVERS GRADE (S-Satisfactory U~Unsatisfactory) 

PILOT 

o 

^^^^— ^ 

Aircraft 

Simulator Trng. 

Osv. 

Aircraft Simulator 

Trng. 

Dev. 

PREFLIGHT HELICOPTER 

1 . EquipmeM Examination {Oral or written) 1. Ground and/or Air Taxi 

2. Praflight Inspection 2. Hovering Manuevert 

3. Taxiing 3. Normal 81 Crosswind T.O. & Landings 

4. Powarplant Checks 4. High Altitude Takeoffs & Landings 

TAKEOFFS 5. Sim. Engine Failure 

5. Normal 3^ 6. Confined Areas, Slopes, & Pinnacles 

6. Instrument 7. Rapid Deceleration (Quick Stops) 

7. Crosnwind 8. Autorotations (Single Engine) 

8. With Simulated Powerplant Failure 9. Hovering Autorotations (Single Engine) 

9. Rejactad Takaoff 10. Tail Rotor Failures (Oral) 

INFLIGHT MANEUVERS 1 1 . Settling With Power (Oral or Flight) 

10. Steep Turns SEAPLANE OPERATIONS 

1 1 . Approaches to Stalls 1. Taxiing, Sailing, Docking 

12. Specific Flight Characteristics 2. Step Taxi & Turns 

3. Pcwarplant Failure 3. Glassy/Rough Water T.O./Landings 

LANDINGS 4. Normal Takeoff & Landings 

14. Normal 5. Crosswind T.O. & Landings 

I S . From an ILS OTHER 

3T 16. Crosnwind 6. Ski Plane Ops. (vvhen applicable) 

17. With Simulated Powarplant(s) Failure GENERAL 

18. Rejected Landing 7. Judgment 

19. From Circling Approach 8. Crew Coordination 

EMERGENCIES 

2 0. Normal and Abnormal Procedures 

AIRMA N COMPETENCY INFORMATION: 

2 1 . Emergency Procedures 

INSTRUMENT PROCEDURES 

Demonstrated Currem Knowledge FAR 135.293(a) 

Make/Model Expires DC"^ ^ (12 months) ( Z"/* ^ ) 

Demonstrated Competency FAR 135.293<b| 

Make/Model Expires D C " ^ 

22. Area Departure 

23. HoMing (12 months) ( Z.- ) O ) 

24. Area Arrival 

26. ILS Approaches i\H%> I L MUsfl 

Satisfactorily Demonstrated Line Checks 

FAR 136.299 Expires (12 months) ( 2 - I ^ ) 

26. Other Instrument Approaches 

Approachw: NDB/ADF 

Satisfactorily Demonstrated IFR Proficiency 

FAR 13B.297 Expires ( 6 months) ( ^

'A M ) 

VOR 

ILS 1 ^ 

Useof Autopitot i 

Expires 

^(is not) Authorized. 

(12 months) { -^A 

Other (Specify) 

2 7. Circling Approachw 

28. Miaa d Approachat 

2 9. CommTNav. Procedure* 

REMARKS "SiVSe VMONT M €^Yi\^t- « 5 Wt 0 JCC V,, 

-2f[*^(e^^t5 pe c Ct>^/A*J^ Of^ ^ ^ ^'^T , 

30. Use of Auto. Pitot 

"lESULT OF 

.HECK 

QNApprovad 

D Disapproved 

CHECK AIRMAN'S 

PERFORMANCE (FAA Only) 

D Satisfactory 

D Unsatisfactory 

REGION 

f?\uAS\cA^^ 

DISTRICT OFFICE n n \:ir.^ EXHIBIT 3 

F AA INSPECTOR'S SIGNATURE 

FAA Form 8410-3 (e-si) ! : > *U.S.QP0:1993-0-769-90 
Mot 

Ballard,.D£>nald:;Preston 

Certifiqate Numi3 

560949040 

26402844 

3037234 

er LAST 29^297/299 

:^r^; ^^^(^J^fH. 

^-^ 

^ EXSPEBI^ 4 

lOF l 
Bush Air Cargo, Inc. 

P.O. Box 93144 • Anchorage, AJaska99509-3144 • (907)277-7657 • Fax (907) 274-1725 

M y 14, 2009 

Anchorage FAA Flight Standards Division 

Attention: Stephen Stewart 

4510 W. International Airport 

Anchorage, Alaska 99502 

Re: Operations Specifications A039 

Dear Stew:' 

Please consider this letter a formal request to add William R. Coon, pilot certificate 

number 3037234, to Operations Specifications A039 as a second in command pilot 

("SIC"). 

Please contact me at your earliest convenience for any additional procedures you require 

td Eichieve this modification. 

Thanks, 

Barton M. Tiernan 

Bush Air Cargo, Inc. 

President 

^ EXHIBIT 5 

1 OFl 
of Transportation 

Federal Aviation 

Administration 

Operations Specifications 

A039. Single Pilot-in-Command Operator HQ Control: 

HQ Revision: 

03/02/05 

OOd 

a. Single Pilot-in-Command Operator. Tiie certificate holder is authorized (in accordance with the 

deviation provisions of Title 14 Code of Federal Regulation (CFR) Sections 135.21(a), 119.69(b), 

135.341(a), and the conditions and limitations of this paragraph) to conduct operations as a Single Pilot-mCommand Operator. The certificate holder shall conduct all operations hi accordance with Part 135 under 

the conditions and limitations of this operations specification. 

b. The certificate holder shall conduct all operations under Part 135 in accordance with the following 

deviation lunitations and conditions. 

(1) An operations manual, as required by Section 135.21: 

No deviation 

(2) Management personnel, as requu-ed by Section 119.69: 

Management position of General Manager authorized. 

(3) An approved pilot training program, as requked by Section 135.341: 

No deviation 

c. The certificate holder shall conduct its Part 135 operations in accordance with the following 

conditions: 

(1) The only individual used as pilot-in-command is holder of Airman Certificate Number: 

NAME 

Barton M. Tiernan 

CERTIFICATE NUMBER 

560949040 

(2) The following individuals are the only persons used as second-in-command pilots: 

NAME 

William R. Coon 

Donald P. Ballard 

CERTIFICATE NUMBER 

3037234 

26402844 

(3) Each second-in-command pilot meets the flight crewmember requkements of Section 135.245. 

(4) Each second-in-command pilot meets the pilot testing requureipents of Section 135.293. 

(5) Each second-in-command pilot satiisfactorily completes the entire test required by Section 135.293 

while occupying the normal second-in-command duty station. 

(6) No aircraft type certificated for more than nine passenger seats is used. 

(7) No Category II or III instrument approach operations are conducted. 

(8) No operations are conducted outside the United States, Canada, Mexico, and the Caribbean. 

(9) For the above deviations to be efifective, they must also be listed in OpSpec A005. 

Print Date: 7/16/2009 A039-1 

BUSH AIR CARGO INC 

Certificate No.: Q0BC244L 

R EXHIBIT 6 ix 1 OF 1 
U.S. Department 

of Transportation 

Federal Aviation 

Administration Operations Specifications 

(a) The certificate holder and the aircraft owner/lessor agree that the certificate holder is 

required to use the aircraft owner's/lessor's pilot in Part 135 operations, 

(b) The aircraft owner/lessor is obligated to fiimish pilots to the certificate holder to operate the 

aircraft, or, 

(c) The aircraft owner/lessor has the power to veto who the certificate holder will use to pilot 

the aircraft in Part 135 operations, so as to limit the certificate holder to using only the owner/lessor's 

pilots. 

(4) Transfer, surrender, abrogate, or share operational control responsibility with any party. 

(5) Engage in any arrangement with an aircraft owner, lessor or any other person or entity, such as 

an aircraft management entity, which allows the use of an aircraft for operations under these operations 

specificatioris without a comptete, effective and sustainable transfer of operational control to the 

certificate holder for all Part 135 operations conducted under these operations specifications. 

d. Elements of Operational Control. The followbg items are essential elements of operational control 

arid are required to be components of the operational control system, used by the certificate holder, Mid 

as described or referenced in subparagraph a. above: 

(1) Crewmember Requurements. The certificate holder may not conduct any operation under 

Part 135, unless each of the certificate holder's crewmembers is: 

(a) The certificate holder's direct employee or agent during every aspect of the Part 135 

operations, including those aspects related to any pre-flight and post-flight duties. The certificate holder 

is accountable for the actions and inactions of these persons during all its aircraft operations. 

(b) Currently trained and/or tested, qualified, and holds the appropriate airman and medical 

certificates to conduct flights for the certificate holder under Pait 135, and is otherwise qualified to 

_ accept the specific flight assignment, considering flight and rest requirements, airspace quahfication and 

the type of operation intended in the assignnient. Each pilot must be^ specifically listed by name and 

aiiinan certificate number on a list of pilots maintained by the certificate holder at its main base of 

"operations or listed in operations specification A039 or A04Q, if ia,pplicable. ITiis information must be 

available for inspection by the Administrator as specitied in Section I35.b3. 

(2) Aircraft Requirements. The certificate holder may not conduct any operation under Part 135 

unless each aircraft used in its Part 135 operations is: 

(a) Owned by the certificate holder and remains, without interruption in the certificate holder's 

legal and actual possession (directly or through the certificate holder's employees and agents) during all 

ofitsPart 135 flights; or 

(b) Leased by the certificate holder of otherwise in the legal custody of the certificate holder 

and remains in the certificate holder's exclusive possession or custody during all of its Part 135 flights. 

(c) For each aircraft which the certificate holder uses under these operations specifications, the 

aircraft owner or other lessee of the aircraft may operate the aircraft under Part 91, under the control 

and responsibility (including potential liability for an unsafe operation) of the owner or other lessee, as 

long as the following condition is met: 

2 

Print Date: 1/21/2010 A008-2 

BUSH AIR CARGO INC 

ORIGINAL 

Certificate No.: 

? 

44L 

JEXHIBIT 7 

1 OFl