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 of the Regional Counsel, AWP-7 

P0Box92007 

Los Angeles, CA 90009-2007 

Telephone: (310) 725-3454 

Facsimile: (310) 725-<l816 

Email: 

Facsimile 

D Per your Request D For Review D Please Comment 

D For Coordination }(Hard Copy to Follow via 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 of the designated addressee only. 

The information transmitted may be subject to the attorney-client privilege or may be protected under the Privacy 

Act. It you are not the designated addressee and you receive this document through inadvertent error, any further 

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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;~,nsportation 
06/25/2012 18:27 FAX 3107256816 AWP-7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of AERO 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, Chief Administrative Law Judge, and Respondent Aero 

Micronesia. 

The following is Complainant's reply to Respondent's June 15, 2012 Moti(ln to 

Dismiss. Respondent claims that Respondent is not chargeable with violation of 14 

C.F.R. § 121.!37(b). Respondent argues that i1; is the "responsibility of the certific~cte 

holder to supply certain personnel with the manual...'' and it's the "'responsibility ofthe 

'person to 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. "A certificate holder may utilize a variety of methods to supply 

its manual to crewmembers provided that 'it has clearly-established procedures describing 

the method to be used, the method 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 Sweet from Rebecca MacPherson 

(November 7, 201 !), citing Interpretation 1988-7 (Mar. 10, 1988) (Attached as Exhibit 

No. I) 

!{/] 002 
06/25/2012 18:28 FAX 3107256816 AWP-7 

The fact that Respondent's manager of flight crewmember training, Mr. Richard 

Gazda, had both an outdated flight operations training manual (four revisions behind) and 

general operations manual (one revision behind), raises questions as to whether 

Respondent had clearly~established procedures for supplying the updates and keeping the 

manuals current. Documents regarding Respondent's distribution of the manuals raise 

similar questions. Revision 22 of the 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 of the revi:;ion was not acknowledged by Mr. Gazda 

until January 21,201 L See Id. 

The original Notice of Proposed Civil Penalty (NPCP) cited 14 C.F.R. 

§121.137(a), as the apparent violation. In its response to the original NPCP, Respondent 

contended that it timely furnished copies ofthoe manual updates to the person responsible 

for maintaining and updating the manuals, Mr, Gazda. Complainant thus issued an 

Amended NPCP to cite 14 C.F.R. § 121J37(b) as the apparent violation. However, in 

consideration of Respondent'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 certificate holder's responsibility goes beyond merely 

supplying the 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, "A party shall file an amendment to a complaint ... [n]ot later than 15 

days before the scheduled date of a hearing .. _" A hearing has yet to be scheduled in this 

case. Additionally, the allegations have always centered on Respondent's lack of updated 

manuals, and in fact the original NPCP cited 14 C.F.R. § 121.1 3 7(a), as the apparent 

violation. Respondent has thus been on notice of the alleged violations from the start of 

this action. 

2 

141003 
06/25/2012 18:28 FAX 3107256816 

Respectfully submitted, 

By: 

Don Bobertz 

Attomey for FAA 

Dated: June 25, 2012 

AWP-7 li!J 004 

3 
06/25/2012 18:28 FAX 3107256816 AWP-7 

CERTIFICATE OF SERVICE 

1 hereby certifY that on this date I have placed in the 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 A venue, SW 

Washington, DC 2059] 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

The Honorable Ronnie A Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

U.S. Dept of Transports.tion 

1 200 New Jersey Avenue, SE 

East Building Ground Floor, Room E 1 1-3 1 0 

Washington, D.C. 20590 

Also by facsimile: 202-366-7536 

I further certifY that on this date I have placed in the United States maiL po"tage 

prepaid, certified mail -return receipt request<:d and regular mail, a true copy ofthe 

above, addressed as follows: 

Mr. David Kirstein 

Kirstein & Young PLLC 

1750 K Street, NW, Suite 200 

Washington, D.C. 2000-S 

Dated: June 25, 2012 

., ., 

GL~c R~./ DonBobertz 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California 

4 

141005 
06/25/2012 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 of Transportation (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 of the 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 providing the means to view the .pdf file and 

benr the costs of printing the manual; the certificate holder or the crevvmcmber. 

Scc:tio1\ 121. J37(a) states, in relevant part, that each certificate holder shall fin11ish a copy ofthe 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 of the 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 of the manual accessible while performing assigned duties_ 

An electronic version of the manual is sufficient and satisfactory provided that there is a means to vicv-1 !t during the 

perfonnance of assigned duties_ Also, an up·to~date paper version must be available when necessary. A certificate 

holder may utilize a variety of methods to supply irs manual to crewmembers provided that "it has clear'y-established 

prQcedures describing the method to be used, the method for keeping the 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. I 0, 1988)(approving use of manual copies in '"ship's library" provided in lieu or personal 

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).See generally, 

· 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 of Electronic 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 

20 II 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 for the Certification, Airworthiness and Operational Approval of Electronic Flight Bag 

Computing Devices (Mar. 17. 2003)(providing guidance on the use of an electronic flight bag, including the use 

of electronic manuals), and 

· AC 91"78: Use of Class I and Class 2 Electronic Flight: Bag (EPB) (July 7, 2007) (providing guidance on the use 

of electronic 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 of PEDs. !n addition7 when using PEDs to view elec~ 

tronic manuals, the Certificate Holder must outline the requirements of the regulations in their manuals, procedures 

etc There is no Operations Specification paragraph tied to aPED. See generally, 

· AC No: 91"~ l.l B- Use of Portable Electronic Devkes 

· lnFOI0009 ·Portable Electronic Devices 

Regarding your second question, the certificate holder musl provide sufficient technological resources to crewmember> to allow them "to review effectively the applicable portions of the manual while performing their dw:ics."Lcttcrto 

Gmgory Winton, from Rebecca B. MacPherson (Mar. 6, 20tl8). This means that if the 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 of electronic manuals, including procedures to update all paper and electronic copies of the manual to 

ensure consistency, 

Th1s response was prepared by Robert Hawks, an Attorney in the Regulations Division of the Office ofChiefCounsel 

an(i Robert H. Frenzel, Manager, Operations Law Branch i:n the Regulations Division and coordinated with the Air 

Carrier Operations Branch of FAA Flight Standards Servic". We hope this response has been helpful to you. lfyou 

have additional questions regarding this matter, please contact us at your convenience at (202) 267-307:;. 

Rebecca B. MacPherson 

Assistant Chief Counsel 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 0 0 8'----

156 Diablo Ro•d, S1iitc J03 

llam·ill,,, CA 94526 

Tel: 925·362-44c;o, fax: 925-.162-4432 

Augu~t 3. 20 I 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: Case No. 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: of two 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 of Mr. Kanae's inspccti•ln. And I hav~ 

attached a note dated March 12,:2010, retrieved from our VP of Operations computer. that ;;urports 

tile company's Notice of Manual 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 crcwmember tra.ining in Sanford. We believe the .;ompany did all that was neccssar: with 

r•.:spect to manual distributions as required by FAR 121.13 7(aJ. 

Some of the 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 our company over the 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<'d just one week after our VP of Operations 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 of date manuals during that 

visit. Moreover. our company, during the 4'h qulrter of201 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 of Mr. 

(,azda. lhis necessitated his having to tcmpormil)- mcwe out of the 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 of date_ 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 of Asia 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 of date 

)~'lnuals ever used for training.. 

/<t1cl 11nally. we would suggest tb<ll it was a trem.::ndous wast.: of F/\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 

, ..• j thdrawn. 

~.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: Other than those acting in the 

capacity of a 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 hereby submit the amount of the 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 hereby submit evidence and information, demonstrating that a violation of 

the regulations did not occur or that the amount of the penalty is not warrantod by the 

circumstances. 

3. ( ] I hereby submit information and records showing that I am financially unable to pay 

the proposed civil penalty, orthat payment of'the penalty would prevent me from continuing in 

business. 

4. [ J I hereby request that a civil penalty be assessed in the amount of$ , 

and I submit the reasons for the reduction of the proposed amount. My request constitutes 

my agreement that if this offer is accepted by the FAA, an Order Assessing 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 order to discuss this matter with the attorney in charge 

of ''his case and to present evidence and information on my behalf. 

6. [ ]I hereby request that the FAA impose a civil penalty without making tre findings of 

violations, and submit my reasons. My request constitutes my agreement 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 

manuals at al 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 of this Revisloo. 

I halle posled ltle Revl$ion in the assigned mnnual, removed OIJ!l3at&CI matelials and recortled the 

date of posting on the Re\llsion Page. 1 _/-;? 

- ~/#F '. /')_ 

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

~/{ARO s· G/'12£?/J -· PR:IHTHJW£ 

:?0~/.r 

PLEASE FAX OR SCAN THIS TRANSMITTAL PAGE TO: 

V"oee P.-ident of Opecations 

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 2 
06/25/2012 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 Revisions shall be posted immediately ~ pon receipt 

Federal AviatiOn Regulation 121.137 requires manual holders to keep their assigned manual"upto<late With the changes and additions_· 

~·••••••••••••••••••••••••••••••••••••••••••••••a•••a••••~•·•••••~•••••~• 

TRANSMITI AL REPORT 

I have receilled and reviewed the contents of this Revision. 

PLEASE FAX OR SCAN THIS TRANSMITI AL PAGE TO: 

Vice President of Operations 

Asia Pacific Airlines 

156 Diablo Road, Suite 203 

Danville, CA 94526 

(925) 362-4432 

Manual Distribution 31"1212010 
06/25/2012 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 indicated that 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{/] 013 
06/25/2012 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 of AERO MICRONESIA •. 

•· 

Respondent. . . 

•• 

,. 

FAA Docket No.: Unassigned 

FDMS No. FAA-2012-0468 & 0469 

FAA Region: Western-Pacific 

Judge: Ronnie A. Yoder 

AMENDED COMPLAINANT 

The Complainant files its Amended Complaint, pursuant to Rule 214 ( 14 C. F-R. 

§13.214). 

I. 

Respondent, Aero Micronesia, Inc. dba Asia PaciJ"ic Airline, Inc., through its 

President, Michael Quinn, was advised through a Final Notice of Proposed Civil Penalty 

dated April 24, 21 01, 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 of Air Carrier Certifieate 

No. I5PA400I, authorized to conduct flight operations, cargo only; under part 

121 of the f"ederal Aviation Regulations (''FARs"). 

2. On or about December 8, 2010, the current versions of Aero Micronesia's 

"Flight Operations Training Manual" and "General Operations Manual"", 

contained up through revision 9, and revision 22, respectively. 

3. Mr. Richard Gaza was the manager of Aero Micwnesia' s flight crewmember 

liZJ 014 
06/25/2012 18:29 FAX 3107256816 AWP-7 

training at Sanford International Airport, Sanford, Florida. 

4. Mr. Richard Gaza was furnished with copies of Aero Micronesia's "Flight 

Operations Training Manual" and '"'General Operations Manual", revision 9, 

and revision 22, respectively. 

5. On or about December 8, 2010, th1: latest revisions contained in Mr. GtlZa's 

Aero Micronesia's "Flight Operations Training Manual" and "General 

Operations Manual", were revision 5, and revision 21, respectively. 

III. 

By reason of the foregoing facts and circumstances, Respondent violated the 

following Federal Aviation Regulation (Title 1.4, Code of Federal Regulations): 

14 C.F.R. § 12l.l3 7(a), which states that "[ e]ach certificate holder shall 

furnish copies of the manual ... (and the changes and additions thereto) or 

appropriate parts of the manual to--its appropriate ground operations and 

maintenance persmmel..." 

IV. 

I. Pursuant to Title 49 U.S.C. Section 46301, Respondent is subject to a civil 

penalty not to exceed $27,500.00 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $6,600 is 

appropriate. 

W JEREFPRE. Tbe Complainant respectfully request that the Administrative Law 

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

$6,600.00. 

2 

141015 
06/25/2012 18:29 FAX 3107256816 

By: 

Don. Bobertz 

Attorney for FAA 

Dated: June 25, 2012 

AWP-7 l4l 016 

3 
06/25/2012 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: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

The Honorable Ronnie A Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

U.S. Dept of Transportation 

1200 New Jersey Avenue, SE 

East Building Ground Floor, Room E I 1-31 0 

Washington, D.C 20590 

Also by facsimile: 202-366-7536 

I further certifY that on this date I have placed in the United States mail, postage 

prepaid, certified mail- return receipt requested and regular mail, a true copy of the 

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 of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California 

4 

141017