U.S. Department of Transportation Federal Aviation Administration Eastern Region Regional Counsel Telephone: 718 553-3258 Facsimile: 718 995-5699 - 1Aviation Plaza Jamaica, NY 11434 

### JAN.- 3
. CERTIFIEDMAIL- RETURN RECEIPT REQUESTED 

# RECElVED Federal Aviation Administration 800 Independence Avenue, S.·W. -Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Room 2014
. 

## JAN\ ·o 

## 2012 

## HEARlNG DOCKET
ATTN: HEARING DOCKET CLERK ·

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### Inthe Matter ofNortheastemAviation Corp., 2012EA110030. Enclosed_ herein please find a copy ofa request for hearing and the original and one. ·copy ofthe FAA's Complaint in the above-entitled action for filing, together with. proofofservice upon the Respondent. The FAA requests that the hearing in this matter be held in the New York, NY area, and expects that the hearing will last one (1) day. Please address all communications for the Federal Aviation Administration to the · attention ofZachary M. Berman, .Office ofthe Regional Counsel, 1 Aviation Plaza Jamaica, NY 11434. Sincerely, Alfred R. Johnson, Jr. Regional Counsel
By:

Enclosures 

# RECEIVED JAN 10**201~** 

## HEARING DOCKET' ' Regional Counsel forthe Eastern Region Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434

Northeastern Aviation Corp.- 2012EA110030 Subject: Final Notice of Proposed Civil Penalty Response Attachment

In reply to your Final Notice of Proposed Civil Penalty Northe·astern Aviation Corp. elects to proceed as indicated by its check mark beside the numbered paragraph below:

1. (_) Northeastern Aviation Corp. hereby submits the amount of the proposed civil penalty with the understanding that an Order Assessing Civil Penalty will be issued in that amount. 

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By sending this form to the Federal Aviation Administration, Eastern Region, Northeastern Aviation Corp. also hereby certifies that a copy of this form has been filed with the Hearing Docket Clerk {Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 924A, Washington, DC 20591, Attention: Hearing Docket Clerk).
** Please note that Northeastern Aviation Corp. will not be entitled to a hearing if it files this form with the Federal Aviation Administration, Eastern Region, WITHOUT having filed thisform or a written request for a hearing with the HEARING DOCKET CLERK.

ATIORNEY /REPRESENTATIVE 

### Name: 

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### Phone No.
________ _U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATIONADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# RECEIVED JAN 102012-

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# \N(..ll.\.o4C3 Q.OCKET

I Inthe Matter ofNortheastern Aviation Corp. ' 2012EA110030 Judge NotAssigned

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as· follows: I Respondent, Empire Flight Academy, was_ advised tln:ough a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty inthe amount of$5,225. On December 24, Respondent submitted a written demand for a hearing. II 

### 1. At all times relevant herein, Northeastern Aviation Corporation (AOYA) was the holder of Part · 135 Air Carrier On demand Certificate Number AOY A206C. 2. On or about August 23, 2011, AOYA assigned a pilot, one Michael Kalish, to act as pilot-in-command of a Part 135 flight in a Gulfstream Givx aircraft, identification number N451CM, on a flight from Teterboro Airport, NJ, to San Francisco, CA. 3. In assigning Mr. Kalish to act as PIC ofthe above-referenced flight, AOYA failed to ensure that Mr. Kalish had at least 10 consecutivehours of rest during the 24-hour period that precedes the planned completion ofthe flight. 4. Specifically, Mr. Kalish had only 9.5 hours of rest during the 24- hourperiod thatpreceded the planned completion ofthe flighf. 

### III By reason· of the foregoing· facts and circumstances, Respondent violated the following section ofthe Federal Aviation Regulations: Section 135.267(d), which states that each assignment under paragraph (b) of this section musfprovide for at least 10 consecutive hours ofrest during the 24-hourperiod thatprecedes the planned completiontime ofthe assignment.
IV

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

to exceed $11,000 for each ofthe violations alleged. 2. Under the facts and circumstances of this case, a civil penalty of $5,225 is , appropriate.
WHEREFORE, the FAA, by counsel, respectfully**~equests** that the Administrative Law Judge**ente~** an order that Respondent be assessed a civil penalty in the amountof$5,225.

2Respectfully**su~mitted,** Alfred R. Johnson, Jr. Regional Counsel

By:

# ---f--+'--:-·~__;:___·_·

# Zachruy~nnan · Attorney Federal Aviation Administration . 1Aviation Plaza Jamaica, NY 11434 718 553-3258 718 995-5699 

### NOTE: The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, ofthe F_ederal Aviation Regulations (14 C.F.R.**P~ut** 

### 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 onthe Certificate

# ofService. A general

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

CERTIFICATE OF SERVICE I hereby certify that the foregoing Complaint has been placed this date in the United States mail, postageprepaid, by Certified Mail

- Return Receipt Requested addressed as follows:
3PeterMontemurro General Manager Northeastern Aviation Corp. 8200 Republic Airport, Suite 8 Farmingdale, NY 11735 FederalAviationAdministration (Original.and one copy) 800 Independence Avenue, S.W .

. Washington, D.C. 20591

Attn: Hearing Docket Clerk, AGC-430

.Wilbur Wright Building- Room 2014

. "-'IF FILING BYFEDERAL EXPRESS
.**Fed~ral** AviationAdministration (Original and one copy)

600 IndependenceAvenue, SW Wilbur Wright Building- Room 2014 Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430

Date: 

### JAN - 3. 2012 Hooks

.. ' Paralegal Specialist Federal Aviation Administration Office ofRegional Counsel I Aviation Plaza Jamaica, NY 11434

4·U.S. DEPARTMENT OF,TRANSPORTATION FEDERAL AVIATION-ADMINISTRATION OFFICE OF HEARINGS



### WASIITNGTON,D.C.
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## J 2012EA110030 

## AN 102012 Judge Not Assigned 

## HEARING DOCKET· NOTICE OFAPPEARANCE ·Complainant, Federal Aviation Administration, hereby notifies the United States

Department of Transportation, Office of Hearings, and the Respondent, pursuant to 14 C.F.R..

### §13.204(b), that it shall be represented 

### in the above-stated action by the attoniey listed below.
. All communications, notices, pleadings, or documents are respectfully requestedto be forwarded as follows:: Zachary M. Berman Federal Aviation Administration Office ofRegional Counsel 1Aviation Plaza · Jamaica, NY 11434 Telephone: ·718 553-3258 Facsimile: 718 9.95-5699 Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel
By: Dated: 

### -3

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CERTIFICATE OF SERVICE. I hereby certifY that on this day copies ofthe foregoing Notice ofAppearance were placed in the United States mail, postage prepaid, Certified Mail

- Return Receipt Requested addressed as follows: · PeterMontemurro General Manager Northeastern Aviation Corp
.. 8200 Republic Airport, Suite 8 Farmingdale, NY 11735 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 2014**~IF** FILING BYFEDERAL EXPRESS Federal Aviation Administration (Original and one copy) 600 IndependenceAvenue, SW Wilbur Wright Building -Room 2014 Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430
Date: 

# '>/!**~** 

# lkL ·**~~oks** Paralegal Specialist Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434

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