06/25/2012 18:27 FAX 3107256816 AWP-7

Healing Docket Clerk, AGC-430; .ludge Ronnie A. Yoder, Office of Hearings, DOT; To: David Kirstein, counsel for Respondent Phone: (202) 493-5142 '(202) 366-7536, (202) 331- Fax: 3933
From: Don Bobertz Title: FAA Attorney, AWP-7.7

Date: June 25, 2012 Pages w/cover, 

### /1 I4J 001



### FQderal Aviation Administration

Office ofthe Regional Counsel, AWP-7 P0Box92007 Los Angeles, CA 90009-2007 Telephone: (310) 725-3454 Facsimile: (310) 725-<l816 Email:

Facsimile

D Peryour Request D For Review D Please Comment

D For Coordination }(Hard Copy to Followvia US MAIL
NOTE'S/COMMENTS:
RE: Aero Micronesia, FDMS No, FAA-2012-!!468 &0469

The information contained in this facsimile message is intended for the use ofthe designated addressee only. The information transmitted may be subjectto the attorney-client privilege or may be protected underthe Privacy Act. It you are notthe designated addressee and you receive this documentthrough inadvertent error, any further review, dissemination, distribution or copying ofthis communication is strictly prohibited. IF YOU RECEIVE THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY**TELEPHO~IING** (31 0) 725" 7100 AND DESTROY THE ORIGINAL OF THIS COMMUNICATION. Thank You.


# 0 U.S. Depat'Itnent

### ofTr.r;~,nsportation06/25/2012 18:27 FAX 3107256816 AWP-7



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In the Matter ofAERO MICRONESIA 

## • FAA Docket No.: Unassigned FDMS 

### No. FAA-2012-0468 &. 0469 

## • • Respondent. 

## • FAA Region: Western-Pacific 

### • • Judge: Ronnie A. Yoder

COMPLAINANT'S REl>LY TO RESPONDENT'S MOTION TO DISMISS

To: Honorable Ronnie A. Yoder, ChiefAdministrative LawJudge, and Respondent Aero Micronesia. The following is Complainant'sreply to Respondent's June 15, 2012 Moti(ln to Dismiss. Respondent claimsthat Respondent is not chargeable with violation of 

### 14 C.F.R. §121.!37(b). Respondent argues that i1; 

### is the "responsibility ofthe**certific~cte** 

### holderto supply certain personnel with the manual...'' and it'sthe "'responsibility ofthe 'personto whom a manual
... [is] furnished' to keep that manual up-to-date'' The certificate holder's responsibility, however, goes beyond merely supplying the manual updates to its personnel. "Acertificate holdermay utilize a variety ofmethods to supply its manual to crewmembers providedthat 'it has clearly-established procedures describing the method to beused, themethod for keeping the manual current and the method for verifYing that the manual is current before each ±1ight (including which crev.member(s) is responsible .for the verification). See 

### Letter to Robert Sweetfrom Rebecca MacPherson (November 7, 201 !), 

### citing Interpretation 1988-7 (Mar. 10, 1988) (Attached as Exhibit No. I) !{/] 00206/25/2012 18:28 FAX 3107256816 AWP-7



### The fact that Respondent's manager offlight crewmembertraining, Mr. Richard Gazda, had both an outdated flight operations training manual (fourrevisions behind) and general operations manual (one revision behind), raises questions as to whether Respondent had**clearly~established**

### procedures for supplying the updates andkeeping the manuals current. Documents regarding Respondent's distribution ofthe manuals raise similar questions. Revision 22 ofthe General Operations Manual (GOM) was issued in February, 2009. 

### See Exhibit No.2, page 5. However, it was not distributed to Mr Gazda until October 13, 201 0, and receipt ofthe revi:;ion was not acknowledged by Mr. Gazda until January 21,201 L 

### See Id. The original Notice ofProposed Civil Penalty (NPCP) cited 14 C.F.R. §121.137(a), as the apparent violation. In its response to the original NPCP, Respondent contendedthat it timely furnished copies ofthoe manual updates to the person responsible for maintaining and updatingthe manuals, Mr, Gazda. Complainantthus issued an Amended NPCP to cite 14 C.F.R. §

### 121J37(b) as the apparent violation. However, in consideration ofRespondent's argument in its current Motion to Dismiss, Complainant concedes that 

### !4 C.F.l:z. §121.!37(b) may be more appropriately charged against the individual responsible for updating the manual, than against the certit1cate holder. However, as stated above, the certificateholder's responsibility goes beyond merely supplyingthe manual updates to its persormeL As 14 C.F.R. §l2Ll37(a) appears lobe the more appropriate violation to cite for the certificate holder's responsibility, an Amended Complaint citing 14 C.F.R. §121.137(a) is being submitted. As permitted by 14 C.F.R. §

### 13.214, "Aparty shall file an amendment to a complaint
... [n]ot laterthan 15 days before the scheduled date ofa hearing
.._" A hearing has yet to be scheduled in this
case. Additionally, the allegations have always centered on Respondent's lack ofupdated manuals, and in fact the original NPCP cited 14 C.F.R. §

### 121.1 37(a), as the apparent violation. Respondent has thus been on notice ofthe alleged violations from the start of this action.
2 14100306/25/2012 18:28 FAX 3107256816



### Respectfully submitted, By: Don Bobertz Attomey for FAA Dated: June 25, 2012 AWP-7 li!J 004



### 306/25/2012 18:28 FAX 3107256816 AWP-7

CERTIFICATE OF SERVICE 1hereby certifY that onthis date I have placed inthe United States mail, postage prepaid, the COMPLAINANT'S REPLY TO RESPONDENT'S MOTION TO DISMISS, addressed as follows;

And a copy to: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 2059] Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000

The Honorable Ronnie A Yoder ChiefAdministrative Law Judge Office ofHearings, M-20 U.S. Dept ofTransports.tion 1200 New Jersey Avenue, SE East Building Ground Floor, Room E 11-3 1 0 Washington, D.C. 20590 Also by facsimile: 202-366-7536 I further certifY that onthis date I haveplaced in the United States maiL po"tage prepaid, certified mail -returnreceiptrequest<:d andregularmail, a true copy ofthe above, addressed as follows: Mr. David Kirstein Kirstein & Young PLLC 1750 K Street,NW, Suite200 Washington, D.C. 2000-S

Dated: June 25, 2012 

# ., .,

# GL~c**R~./** DonBobertz Attorney Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Hawthorne, California
4 14100506/25/2012 18:28 FAX 3107256816


### V\estlaw 2011 WL 5515448 (D.OT)

20 II WL 5515448 (D.O.T.)

Robert Sweet 95-1003 Wikao Street Mililani, HI 96789 Dear Mr. Sweet: AWP-7

Department ofTransportation (D.O.T.) Federal Aviation Administration Legal lnteroretation *I Novemb<lr 7, 20 II li'!J 006

Page l

This is in response to your July 23, 2008 request for a legal interpretation. The answer to your question has taken longer**th~n** anticipated due to the need to clarify internal safety policies surrounding this issue. In your letter, you requested a clarification of 14 C.F.R. § 121. 137 which requires that certificate holders fumish a. copy ofthe general operations manual to crewmembers. You first question whether providing the ma11ual in a. pdf l'ormat complies with the**regulatio~.** Then you ask who is re11ponsible for providingthemeans to viewthe .pdffile and benr the costs ofprinting the manual; the certificate holderorthe crevvmcmber. Scc:tio1\ 121. J37(a) states, in relevant part, that each certificate holder shall fin11ish a copyofthe appropriate sections of1:he manual required by section 121.133 (and any changos or additions thereto) to ground operations and maintenance**personnel~** crewmembers. and representatives ofthe Administrator assigned to the certificate holder. S.s:s:J.LP.n 11.!. 137fb\ states. in relevant part, that each person to whorn a manual is issued shall keep it up-to·date with changes and additions and shall**h~.ve** appropriate sections ofthe manual accessible while performing assigned duties_ An electronic version ofthe manual is sufficient and satisfactory provided that there is a means to vicv-1 !t during the perfonnance ofassigned duties_ Also, an**up·to~date** paper version must be available when necessary. A certificate holder may utilize a variety ofmethods to supply irs manual to crewmembers provided that "ithas clear'y-established prQcedures describingthe method to be used, the method for keepingthe manual current and the methoc: for verifYing thm the manual is cu·rrent before each 'flight (including which crewrnembcr(S) is responsible for the verification) see, Interpretation 1988"7 (Mar. I0, 1988)(approving use ofmanual copies in '"ship's library" provided in lieu orpersonal maoual copies). Additionally, the use of an electronic manual requires operational approval through the issuance of Operations Sp•:•cification A061 by the certificate holder's Principal Operations Inspector (POJ) for Class J, II and Ill Electronic Flight Bags (EFB).Seegenerally,
· AC 25.1581-1. Airplane Flight Manual (Jul. 14, l997)(providing guidance on the use**ofelec~·onic** airplane flight manuals);
· AC 120-78, Acceptance and Use ofElectronic Signatures. Electronic Recordkeeping Sysrerns, and Electronic

© 2012 Thomson Reuters. No Claim to Orig. US Gov. Works.06/25/2012 18:28 FAX 3107256816 AWP-7 141007

20II WL 5515448 (D.O.T.) Page 2

Manuals (Nov. 29, 2002)(providing guidance on the requirements and approval process for electronic 111anuals):
· AC 120-76A, Guidelines forthe Certification, Airworthinessand Operational Approval ofElectronic Flight Bag Computing Devices (Mar. 17. 2003)(providing guidance on the use ofan electronic flight bag, including the use ofelectronic manuals), and
· AC 91"78: Use ofClass I and Class 2 Electronic Flight: Bag (EPB) (July 7, 2007) (providing guidance on the use ofelectronic flight bags in part 91 operations). *2**~on-EFB** Portable Electronic Devices (PED) may be used to view electronic manuals. 

### H
..[fJ1.£:
. 'lJ.-./l. §.J
..**lL~.D_(j.** l_!2:1.2(}1, and S 135.**1.::~4** place restrictions on the'in-.flight 11se ofPEDs. !n addition7 when using PEDs to view**elec~** tronic manuals, the Certificate Holder must outline the requirements ofthe regulations in their manuals, procedures etc There is no Operations Specification paragraph tied to aPED. Seegenerally,
· AC No:**91"~** l.lB- Use ofPortable Electronic Devkes
· lnFOI0009 ·Portable Electronic Devices Regarding your second question, the certificate holder musl provide sufficient technological resources to crewmember> to allowthem "toreview effectivelytheapplicableportions ofthe manual while performing their dw:ics."Lcttcrto Gmgory Winton, from Rebecca B. MacPherson (Mar. 6, 20tl8). This means that ifthe manual is provided in an electronic format, the certificate holder must provide the means to view that manual during the crewmember's performance of assigned duties. As ·discussed above, the certificate holder must have clearly-established procedures regarding the use ofelectronic manuals, including procedures to update all paper and electronic copies ofthe manual to ensure consistency, Th1s response was preparedby Robert Hawks, an Attorney in the Regulations Division ofthe Office ofChiefCounsel an(i Robert H. Frenzel, Manager, Operations Law Branch i:n the Regulations Division and coordinated with the Air Carrier Operations Branch ofFAA Flight Standards Servic". We hope this response has been helpful to you. lfyou have additional questions regarding this matter, please contact us atyour convenience at (202) 267-307:;.

Rebecca B. MacPherson Assistant ChiefCounsel for Regulations, AGC-200 20; I WL 5515448 (D.O.T.) END OF DOCUMENT

© 

### :w 12 Thomson Reuters. No Claim to Orig. US Gov. Works,06/25/2012 18:28 FAX 3107256816 AWP-7 

### 141 008'----

156 Diablo Ro•d, S1iitc J03 llam·ill,,, CA 94526 Tel: 925·362-44c;o, fax: 925-.162-4432**Augu~t** 3. 20I I

T- ederal Aviation Administnllion Western-Pacific 

### Region Attn: Mr. 

### llon Bobe.-tz, AWP-7 

### P_()_ Box 92007 Los Ang<'les. C/<. 90009-2007 

### RE: CaseNo. 2011WP350005 Llear Mr. Bobertz: I am recdpt \>fyour Jetter dated July 6. 2011. Attuchcd to this letter is the Reply to Notice F<>rm v.cith Box 2 checked. I have also attttched C(lpief: oftwo of<>ur company forms indicating that the appropriate revisions to the :2 manuals in questic-n wer·e disnibuted hy the company to Mr. Uazda in a timely tilshion and well before the December K 2010 date ofMr. Kanae's inspccti•ln. And I**hav~** attached a note dated March 12,:2010, retrieved from our VP ofOperations computer. that ;;urports tile company's Notice ofManual Distribution with respect 10 Revisions 8 and 9 to the Flight Operations Training ManuaL The ·'Dick" addressee in this note**i~** Mr. Richard Gazda who manages our flight crcwmembertra.ining in Sanford. We believe the .;ompany did all that was 

### neccssar: with r•.:spect to manual distributions as required 

### by FAR 121.137(aJ. Some ofthe above infom1ation was not included in our February**1~.** 2011 reply to 

### i\-lr. Kanac.·;; original December 28. 2010 LOL But**~incc** there**w~re** no subsequent discu;;sions verbally or in writing on this subject**betw~en** Mr. Killlae and anyone at ourcompany overthe next several nlonths. well beyond the nonnal 75 days allocat<:d for LOI re$qlution. we assumed that tlw LOI had b•et'ln closed with no funher action.
l11 Hddition.**th~:re** are a few significant mitigating facwrs to this case. Mr. Kanae's visit to our training facility occurr<'djust one week after our VP ofOperations had suddenly and unexpecr.;:dly pcitsscd away. Manuals and Revisions were this person'o; re,ponsibility and as a former L'\A inspector llimself. he would mt have allowed .Mr. Kanae to find out ofdate manuals during that visit. Moreover. our company, during the 4'h qulrterof201 0, was also still in the pr•JCcss of transitioning Oltr training from a Part 142 

### school to a11 in 

### hOl.ISe program under the oversight ofMr. 

### (,azda. lhis necessitated his having to tcmpormil)- mcwe out ofthe training t'41cility :n 

### Santiml. !'lorida in which he had be<:n previously loca_ted He moved**~!I** the i\l'i\ manuals tn his personal home about40**mil~s** away_ When Mr.**Kana~** met with Mr. Gazda in December. it vca,; at the Sanford facility. but since he had not mentioned to Mr. Gazd<l o•· the company tb<It he wished to see 

### .-'-PA·s 

### manuals at that time. they were not imm(:diately avBilable. Mr. Ga.J:da had an associate 

### rdrieve them from his home and bring them to the facility later in the day which i$ ''··hen t<.•fr. Kanac d;scovcr..:d that they were ()ut ofdate_ Mr. Ga:zd,, actually had the revisions m his he\me_ but had not . 'l •'06/25/2012 18:28 FAX 3107256816

\ 1r. Bnbem: 1.ctt,,r**·\uglt~t -~-**  .2011 r·agt:**~** AWP-7 1{/]009

i lStallcd**th~m** in the 1·espcctin·**manual~.** l·k installed them the tiJI!owing d3)'. bowc,·er. Mr. Kam1c J· ad**alre<~dl** lcl1lnwn. 

## c'h (jazda was not then ;H1d is not now an emplnvce ofAsia Pacific Airlines. He is a vendor rroviding an FAA appro\·ed ttdining service to nur cornpany, As such, he is required to havt:.: iipprnprime nuu;'uals**~nd** 

### ilwy should be up tn dntc. bmund,•r the circumstances described. we l·elien:: it t<• he .:ntit·dy inappn,priatc for the lfNL Ct<Hl t(l bring this action against •)til' airline. '-"ou**a\~u alh:·g.~**  in your ktt't;r 

### that the manu:;1I:-; in question 

### '"ere ··in usc at our trnining. site at 'anl(,rd International Airport."**Thi~** is**incorr~ct** as**thcr~** \\'II\ no training going on at the time. The nanuah were not at the; site until l\·1r. K<tnae requested them, And at no tirnc. were the om ofdate**)~'lnuals** ever used for training.. /<t1cl 11nally. we would suggest tb<ll it was a trem.::ndous wast.: ofF/\i\ n::sources ;md taxpayc·r c'ollars 

## j;,,. Mr. Kanac. an insp,·cwr assigned**l'~clu~ivel;.** to .\,;ia Pacilk Airlines and based in Hnn.,lulu. Hawnii tn he in SanJ(·,rJ. Fh\l'ida for a few hOL\I"S when no i\si:il-'acillc tra·ning was cccurring. \Ve**he!i~ve thi~**  fH.. idition::1l infnrm<Hiflri**i~** sufficient fhr the prt'.)post:d pen"-1'ty to he

, ..•jthdrawn.**~.incerely**.

.••.- '";'J**~ 1i<.:h:>ell~.**  

### Qninn J'n:sident
:\!li1chmcnts:**~**

### .•.06/25/2012 18:28 FAX 3107256816 A\VP-7 141010
REPLY TO NOTICE OF**PI~OPOSED** CIVIL PENALTY 

### For Companies, Security Cases, and Individuals: Otherthan those acting in 

### the 

### capacity ofa pilot, mechaniC', flight engineer or 

### repairman**F~egional** 

### Counsel for the Western-Pacific F:egion Federal Aviation Administration, AWP-7. F'_O_ Box 92007 

### Los Angeles, CA 90009-2007 

### Subject: Notice of Proposed Civil Penalty In reply to your Notice of Proposed Civil Penalty, I elect to proceed as indicated by my c;1eck mark beside the numbered paragraph(s) below: 1 ( ] I herebysubmit the amount ofthe proposed civil penalty with the understanding that an order assessing civil penalty will be issued in the amount without further notice, and that I 

### waive my right to a**hearing~** 

### 2. [ 1/ ] 

### I herebysubmit evidence and information, demonstrating that a violation of 

### the regulations did not occur orthatthe amount ofthe penalty is notwarrantod by the circumstances. 3. ( ] I 

### hereby submit information and records showing that 

### Iam financially unable to 

### pay the proposed civil penalty, orthat payment of'the penaltywould prevent

### mefrom continuing in business. 

### 4. [ 

# J I hereby request that a civil penalty be assessed in 

### the amount of$ , and I submit the reasons forthe reduction ofthe proposed amount. My request constitutes my agreement that ifthis offer

### is accepted by 

### the FAA, an OrderAssessing Civil Penalty in that amount may be issued without further notice and I waive my right to a hearing. 5. ,[ ] I hereby request an informal conference that will be held at the Office of thE" Regional Counsel, Hawthorne, California, or (a mutually convenient location) in orderto discuss this matterwith the attorney in charge of''his case and to present evidence and information on my behalf. 6. [ ]I hereby request thatthe FAA impose a civil penalty without making 

### tre findings of violations, and submit my reasons. My request constitutes myagreement that if

### this offer is accepted, a Compromise Order will be**issu~ld** 

### in that amount and I waive r1y right to a he<Jring. AWP-7 FORM 2150-25 (12/06 Edition)06/25/2012 18:28 FAX 3107256816 AWP-7 

# cZI•i•.P-eiffe**e:Jlli'd#Jn._,._.._~---­** NOTICE OF MANUAL DISTRIBUTION ' ' MANUALNAME:

## ~ifdfu~**~'=(j** MANUAL NUMBER: REVISION NUMBER: ({--{- "{ ASSIGNED TOo

# B~**~** ISSUE DATF; 

## S- IS:-I 

### 0 DISTRI6IJTION DATE: 

### 3- ( ;;J._- ) 

### D 141 011

The Manual holder mamtains responsibility fur the currency arnl**~on** of their assigned manualsatal times. Manuel Revt:<"""'**shall~ ~** **imlll<;~** upon ..-..ceil'(. Federal Aw.tion Regulation 121.137 ""luites manual holders 1o keep llleir assig!leQ manual "uPto-dale wilh the changes arn:t**~illr>ns-" ••~·-••••••••••••-•••••••••~•••••~••a•••••••-·••••••••••••••••••·~•••••••**  

## TRANSMITTAL REPORT I he""' receM>d al'ld reviewed the con11ants ofthis Revisloo. I halle posled ltle Revl$ion in the assigned mnnual, removed OIJ!l3at&CI matelials and recortledthe date ofposting on the Re\llsion Page. 1 

### _/-;?

-

## ~/#F '. /')_

### -~-~~~~~-~v~~~-~~~~~~~~~~~ ·' 7 SJGioiiHURE

## ~/{ARO 

# s· G/'12£?/J

-· PR:IHTHJW£

## :?0~/.r PLEASE FAXOR SCAN THIS TRANSMITTAL PAGE TO: V"oee P.-identofOpecations Asia Pacific Airlines 156 Diablo Road, Suite 203 Darwille, CA 94526 

# (925) 362-4432

03/2-1/10 01:03 PM· ASIA PAC AIIlLIN Page 206/25/2012 18:29 FAX 3107256816 AWP-7 

# cZJ•i• p.eifie

# tt:Airli,.. NOTICE OF MANUAL DISTRIBUTION
MANUAL NAME:

# _.,;W=-'=o~/0-'----------------­ MANUAL NUMBER: 

# i REVISION NUMBER: Z... ?- ASSIGNED TO: 

## SA-(;.«,

# ~**c;~** ISSUE DATE; .)-;}. CJc.J 

## 'j DISTRIBUTION DATE: (l) - I 

## 3- I 0 141 012 

# +

The Manual holder maintains**respo11~ibllity** fClr the currency and condition of !heir assigned manuals at all times. Manual Revisionsshall be posted immediately**~**pon receipt Federal AviatiOn Regulation 121.137 requires manual holders to keep their assigned manual"upto<lateWith the changes and additions_·**~·••••••••••••••••••••••••••••••••••••••••••••••a•••a••••~•·•••••~•••••~•** 

## TRANSMITI AL 

## REPORT I have receilled and reviewed the contents ofthis Revision.

PLEASE FAX OR SCAN THIS TRANSMITI AL PAGETO: Vice PresidentofOperations Asia PacificAirlines 156DiabloRoad, Suite 203 Danville, CA 94526 

# (925) 362-4432

Manual Distribution 31"121201006/25/2012 18:29 FAX 3107256816 AWP-7

March 12,2010
Dick and Joe:
I have enclosed Revisions 8 and 9 for your FOTM. l have enclosed two copies for Dick since you indicatedthat you had two FOTMs. I have enclosed only the LOEP for Revision 9 since it is the latest. kJte that Revision 9 removes all pages in Chapter 1: after Page 10. Theses are the outdated LOFTs. Wording has been added to Page 10 which indicates that the LOFTs are maintained in Sanford. Revision 

### 9 removes Appendices F and 

### c:; since these courses are taught (:>utside Flight Operations as part of other FAA approved programs. 

### i have enclosed an Appendix K for Joe since he indicated that he did not have one. The LOEP is accurate. It is exactly what the FAA has in their copy. Please reconcile any differences with your manual. Thanks. BOB 1{/] 01306/25/2012 18:29 FAX 3107256816 AWP-7



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.*******************************«:ri:lt'Ar'A'*11r*****'~~~**11r!lll** 

### In the Matter ofAERO MICRONESIA 

# •. •· Respondent. 

# . . 

### ••



## ,. FAA 

### Docket No.: Unassigned FDMS No. FAA-2012-0468 & 

### 0469 FAA 

### Region: Western-Pacific Judge: Ronnie A. Yoder

AMENDED COMPLAINANT The Complainantfiles its Amended Complaint, pursuantto Rule 214 (14 C.

### F-R. §13.214). I. 

### Respondent, Aero Micronesia, Inc. dba AsiaPaciJ"ic Airline, Inc., through its President, Michael Quinn, was advised through a Final Notice ofProposed Civil Penalty dated April 24, 2101, that the FAA proposed 1:0 

### assess a civil penalty in the amount of $6,600.00. On May 4, 2012, Mr. Quinn submitted a written request for a hearing.

II. 

### 1. Aero Micronesia, Inc. d/b/a Asia Pacific Airlines ("Aero Micronesia") is now, and at all times mentioned herein was, the holder ofAir Carrier Certifieate No. I5PA400I, authorized to conduct flight operations, cargo only; under part 121 ofthe f"ederal Aviation Regulations (''FARs"). 2. On or about December 8, 2010, the current versions ofAero Micronesia's "Flight Operations Training Manual" and "General Operations Manual"", contained up through revision 9, andrevision 22, respectively. 3. Mr. Richard Gazawas the manager ofAero Micwnesia's flight crewmember liZJ 01406/25/2012 18:29 FAX 3107256816 AWP-7

training at Sanford International Airport, Sanford, Florida. 4. Mr. Richard Gazawas furnished with copies ofAero Micronesia's "Flight Operations Training Manual" and '"'General Operations Manual", revision 9, and revision 22, respectively. 5. On or about December 8, 2010, th1: latestrevisions contained in Mr. GtlZa's Aero Micronesia's "Flight Operations Training Manual" and "General Operations Manual", were revision 5, andrevision 

### 21, respectively.



### III. Byreason ofthe foregoing facts and circumstances, Respondent violatedthe following Federal Aviation Regulation (Title 1.4, Code ofFederal Regulations):
14 C.F.R. §12l.l37(a), which states that "[e]achcertificate holder shall furnish copies ofthe manual
... (andthe changes and additions thereto) or appropriate parts ofthe manual to--its appropriate ground operations and maintenance persmmel..."

IV.

I. Pursuantto Title 49 U.S.C. Section 46301, Respondent is subjectto a civil penalty not to exceed $27,500.00 for each ofthe violations alleged. 2. Under the facts and circumstances ofthis case, a civil penalty of$6,600 is appropriate.

WJEREFPRE. Tbe Complainant respectfullyrequestthatthe Administrative Law Judge enter an orderthat Respondentbe assessed a civil penaltyin the amount of $6,600.00.

2 14101506/25/2012 18:29 FAX 3107256816

By: Don. Bobertz Attorney for FAA Dated: June 25, 2012 AWP-7 

### l4l 016



### 306/25/2012 18:29 FAX 3107256816 AWP-7



### CERTIFICATE OF SERVICE I hereby certifY that on this date I have placed in the United States mail, postage prepaid, the AMENDED COMPLAINT, addressed as foJ!ows:

And a copy to: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: HearingDocket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000

The Honorable Ronnie A Yoder ChiefAdministrative LawJudge Office ofHearings, M-20 U.S. DeptofTransportation 1200 NewJersey Avenue, SE East Building Ground Floor, Room E I 1-310 Washington, D.C 20590 Also by facsimile: 202-366-7536 I further certifY that onthis date Ihave placed in the United States mail, postage prepaid, certified mail- return receiptrequested and regular mail, a true copy ofthe above, addressed as follows:

Dated: June 25, 2012

Attorney l\1r. 

### David Kirstein Kirstein & 

### Young PLLC 1750 K Street, NW, Suite 200 Washington, D.C. 20006

Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Hawthorne, California

4 141017