U.S. Department 

of Transportation 

Federal Aviation 

Administration 

JUL 1 4 Z015 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building~ Room 2014 

ATTN: HEARING DOCKET CLERK 

1 Aviation Plaza 

Jamaica, NY 11434 

JUL I 7 2015 

HEARING DOCKET 

Re: In the Matter of Clear Day Aviation, Inc. 

Docket No. 2013EA390075 

Enclosed herein please fmd a copy of a request for hearing and the original and one 

copy of the FAA's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in Greensboro, NC, and 

expects that the hearing will last two (2) days. 

Please address all communications for the Federal Aviation Administration to the 

attention of Zachary M. Bennan, Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: Zachary. 

Attorney 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Clear Day Aviation, Inc. 

2013EA390075 

Judge Not Assigned 

COMPLAINT 

R I='VED ~.~ . 

JUL 1 7 20~5 

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

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

follows: 

I 

Respondent, Clear Day Aviation, Inc.,was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of $19,000.. On July 13, 2015, Respondent submitted a written demand for a 

hearing. 

II 

1. Clear Day Aviation, Inc., is the holder of Part 141 Flight 

School Certificate Number ZBOS756K. 

2. At all times relevant herein, Clear Day Aviation, Inc., owned, 

maintained, and operated a Cessna 1 72S aircraft, identification 

number N6026S (hereinafter "aircraft N6026S"). 
3. At all times relevant herein, Clear Day Aviation, Inc., operated 

aircraft N6026S in part 141 flight school operations. 

4. On or about January 17, 2013, an anm,ml/100-hour inspection 

was completed on aircraft N6026S at a tach time of 2,450 

hours. 

5. Aircraft N6026S was next due for a 100-hour inspection at 

2,550 tach hours. 

6. Notwithstanding the above, a 100-hour inspection was not 

performed on aircraft N6026S until on or about April 12, 2013, 

when the aircraft had 2,559.4 tach hours. 

7. During the period from April 3, 2013 through April 8, 2013, 

Clear Day Aviation, Inc., operated aircraft N6026S for 

approximately 14 flights when the aircraft had not received an 

annual or 1 00-hour inspection within the preceding 100 hours 

of service. 

8. The flights referenced in paragraph 7, above, were conducted 

as part 141 flight school operations. 

9. Clear Day Aviation, Inc., thus, as the holder of a flight school 

certificate, failed to maintain and inspect each aircraft used by 

it for flight training and/ or solo flights, in accordance with the 

requirements for aircraft operated for hire under part 91, 

subpart E, of this chapter. 

III 

By reason of the foregoing, Clear Day Aviation, Inc,. violated the following 

sections of the Federal Aviation Regulations: 

(a) Section 91.409(b), which states that except as provided in 

paragraph (c) of this section, no person may operate an aircraft 

carrying any person (other than a crewmember) for hire, and no 

2 
person may give flight instruction for hire in an aircraft which 

that person provides, unless within the preceding I 00 hours of 

time in service the aircraft has received an annual or 1 00-hour 

inspection and been approved for return to service in accordance 

with part 43 of this chapter. 

(b) Section 141.39(a) (3), which states that when the [flight] 

school's training facility is located within the U.S., an applicant 

for a pilot flight school or provisional pilot school certificate 

must show that each aircraft used by the school for flight 

training and solo flights is maintained and inspected in 

accordance with the requirements for aircraft operated for hire 

under part 91, subpart E, of this chapter. 

IV 

1. Pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil penalty not 

to exceed $11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of 19,000 is 

appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount 

3 
of$19,000. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By -lf~ Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

4 
NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must file a written 

answer to this Complaint, or a written Motion to Dismiss if appropriate, not 

later than 30 days after the date shown on the Certificate of Service. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 

5 
H. Bruce Brandon 

Attorney at Law 

3439 South Aviath.m Orive 

Burlington, NC 27215 

Tde[Jh~ne: (336) 358-6300 (0) 

(336) 202-0663 (M) 

EruaH:hbru.cebrandonl~~gmaU.cnm 

Facsimile: (336) 286-7050 

13, 20!5 

Ms, Sharkt Jefferson 

H¢'~adng Docket Clerk 

M"KA30 

Wilber Wright Building-Suit< 2Wl000 

800 ln-dcpendence Ave. SW 

Washington, DC 20591 

Re: FAA DocketNcL 20i3EA390075 

D:;.ar Ms. JeffersorL 

Pieas-e take notice 

20!3 EA390075. 

ViA U5. MAlL AND FACSIMILE 

Clear Day A viatlort, lnc, request a be-ildHg in this matter Ctm.1:eml.ng aBeged viuAations of over 

insp;;>dimL 

'Thill1k you. 

/\ttomey for Clear Aviation, inc. 

Cc: M. Berman, 

FAA Eastern Re-gion C.om1sd 

i Aviation Plaza 

Jil!naica, NY 11434 

o-f a 100 hour 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed 

as follows: 

H. Bruce Brandon, Esq. 

349 South Aviation Drive 

Burlington, NC 27215 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 20 14 

-IF FILING BY FEDERAL EXPRESS 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building- Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Date: JUL 1 4 2015 

?LiHOOks 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

I Aviation Plaza 

Jamaica, NY 11434 

6