RECEIVED 

JUL 1 0 2013 

U.S. DEPARTMENT OF 1RANSPORTATION 

FEDERAL AVIATION ADMINISTRATI~EARI NG DOCKET 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Northeastern Aviation Corp., Respondent 

Docket Nos. FAA-2012-1264 

Case Nos. 2012EA110030 

Administrative Law Judge J.E. Sullivan 

AGENCY'S FIRST SET OF INTERROGATORIES AND REQUEST FOR 

PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSIONS 

The Complainant, the Agency, by its undersigned counsel, hereby requests that Northeastern Aviation 

Corporation (Respondent) provide responses to the following discovery requests within thirty (30) days of 

service. This request shall be deemed to be continuing to the extent permitted by Rule 26(e) 

of the Federal Rules of Civil Procedure so as to require you to file supplemental responses. 

This request is intended to cover all documents in the Respondent's possession or subject to 

Respondent's custody and control and includes documents in the possession of each 

individual who acts as, or has acted at relevant . times as, an employee, agent or 

representative of Respondent. 

DEFINITIONS 

A. When knowledge or information in possession of a party is requested, such request 

includes knowledge of the party's agents, representatives and, unless privileged, the party's 

attorneys. 

I 
B. The pronoun "you" and "yours" refers to the party to whom these interrogatories are 

addressed. 

C. Unless otherwise indicated, these interrogatories refer to the time, place and 

circumstances of the occurrences mentioned or complained of in the pleadings. 

D. When used with respect to an individual, corporate, business or governmental entity, 

"identity" means state the name and present business or residence addresses of the 

individuals or entities and the employer, governmental or business affiliation and position of 

the individual. 

E. The terms "document" and "statement" mean without limitation, the following items, 

whether printed or recorded or reproduced by any other mechanical process or written or 

produced by hand: agreements, communications, correspondence, telegrams, memoranda, 

summaries or records of telephone conversations, summaries or records of personal 

conversations or interviews, diaries, reports, notebooks, note charts, plans, drawings, 

sketches, maps, summaries or reports of investigations, opinions or reports of consultants, 

photographs, motion picture films, tape recordings, computerized messages or data, 

brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, any marginal 

comments appearing on any document, and all other writings, including electronic writings. 

2 
F. When used with respect to a document, "identifY" means furnish the document itself, or 

in lieu thereof, the name and date of the document, the name and address of the person or 

persons originating the document, the name and address, if any, of the person or persons to 

whom the document is addressed, the names and addresses of all persons to whom copies of 

the documents were or have been sent, and the organization, firm or agency with which all 

such persons were connected as of the date of the document, and if not in possession of the 

original or a copy, furnish the name and address of the custodian of the original or a copy, 

or furnish the name and address of a person whom you believe is in possession of the 

original or a copy of such document. 

G. "Oral communication" means any oral exchange with words. 

H. When used with respect to an oral communication, "identifY" means state the date and 

place where such oral communication was made, the names of all individuals who 

participated in the communication, and their positions, employers, and employers' 

addresses, the names of all individuals who were present at the time the communication was 

made and their business affiliations and positions, the nature and substance of the 

communication, the nature and substance of each document recording or pertaining to such 

oral communication, and the name and present address of the present custodian of each such 

document. 

3 
I. For all interrogatories to which the responding individual has an objection, state the 

factual and legal basis for the claimed privilege, or any other authority which provides the 

claimed basis for the objection. 

J. All documents requested as to which the responding individual claims privilege or any 

other objection as a ground for non-production shall be identified chronologically as 

follows: 

(a) date, 

(b) title, 

(c) type of document (e.g. memorandum, report, chart, etc.), 

(d) subject matter (without revealing the information as to which privilege or 

statutory authority is claimed). 

(e) factual and legal basis for the claimed privilege, or any other authority which 

provides the claimed ground for non-production. 

INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 

I. IdentifY the names, titles, business or home addresses and telephone numbers of each 

person whom the Respondent intends to call as a witness at the hearing of this matter. 

2. Provide the substance of the testimony to be offered by each of said witnesses. 

3. With respect to each expert witness identified in response to request Nos. 1 and 2 above: 

(a) identifY the subject matter on which the expert is expected to testifY; 

4 
(b) list the substance of the facts and opinions to which the expert is 

expected to testifY; 

(c) provide a summary of the grounds for each opinion; 

(d) if the Respondent intends to introduce into evidence or otherwise rely upon a 

written curriculum vitae or other written document listing the expert's 

professional qualifications, identifY and attach copies of all such documents. 

4. IdentifY and produce copies of any and all documents or other tangible exhibits on 

which the Respondent anticipates relying, or will rely, in support of the case it will 

present at the hearing in this matter, including but not limited to documents or other 

tangible exhibits it intends to introduce into evidence. 

REQUEST FOR ADMISSIONS 

I. The copy of Northeastern Aviation Corp. Operations Specifications Section AOOI 

(two pages) (attached herein as Exhibit A -I) is genuine. 

2. As of August 23, 20II, the document represented by Exhibit A-I was in effect. 

3. The copy of Sundance Aviation, Inc., Operations Specifications Section AOO I (two 

pages) (attached herein as Exhibit A-2) is genuine. 

4. As of August 23, 20II, the document represented by Exhibit A-2 was in effect. 

5. The copy of N ortheastem Aviation Corp. Operations Specifications Section A006 

(attached herein as Exhibit A-3) is genuine. 

6. As of August 23, 20 II, the document represented by Exhibit A-3 was in effect. 

7. The copy of Sundance Aviation, Inc., Operations Specifications Section A006 (two 

pages) (attached herein as Exhibit A-4) is genuine. 

5 
S. As of August 23, 2011, the document represented by Exhibit A -4 was in effect. 

9. The copy of Northeastern Aviation Corp. Operations Specifications Section DOSS 

(two pages) (attached herein as Exhibit A-S) is genuine. 

10. As of August 23,2011, the document represented by Exhibit A-S was in effect. 

11. The copy of Sundance Aviation, Inc., Operations Specifications Section DOSS 

(attached herein as Exhibit A -6) is genuine. 

12. As of August 23, 2011, the document represented by Exhibit A-6 was in effect. 

13. The copy of the Sundance Aviation, Inc., Aircraft Flight Log page dated August 22, 

20 11 for aircraft N34SMJ (attached herein as Exhibit A -7) is genuine. 

14. The copy of the Sundance Aviation, Inc., Pilot Duty and Flight Time Record for 

Michael Kalish dated August 2011 (attached herein as Exhibit A-S) is genuine. 

1S. The copy of the Northeastern Aviation Corp., Flight and Duty Time Record for 

Michael Kalish dated August 2011 (attached herein as Exhibit A-9) is genuine. 

16. The copy of the Northeastern Aviation Corp. Aircraft Flight Log page 024-17S for 

aircraft N4S1CM showing flight legs dated August 23, 2011 (attached herein as 

Exhibit A -10) is genuine. 

17. The copy of Section 1, Chapter 4, page 4-11, showing paragraph 4.9 of the 

Northeastern Aviation Corporation General Operations Manual (attached herein as 

Exhibit A-ll) is genuine. 

1S. The copy of the excerpt from the Northeastern Aviation Response and Action Plan to 

the original in-depth audit finding number 14 (attached herein as Exhibit A -12) is 

genume. 

6 
19. The copy of the letter of investigation (2 pages) to Northeastern Aviation Corp. 

(attached herein as Exhibit A -13) is genuine. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Date: July~, 2013 

7 
EXHIBIT A-1 
U.S. o·epartment 

of Transportation 

Federal Aviation 

Administration 

AOOl. Issuance and Applicability 

Operations Specifications 

HQ Control: 

HQ Revision: 

05109/03 

02c 

a. These operations specifications are issued to Northeastern Avi'atibfi:·Cbrp, whose principal base of 

operation is located at 

Primary Business Address: 

65-07 Fresh Meadow Lane 

Fresh Meadows, NY 11365 

The holder of these operations specifications is the holder of Air Carrier Certificate Number 

AOYA206C and shall hereafter be referred to as the certificate holder. The certificate holder is 

authorized to conduct: 

On Demand 

(135) 

On Demand 

(135) 

operations in Common 

operations in Common 

. 

carriage pursuant to 

Title 14 Code of 

Federal Regulations 

(CFR) Section 

carriage pursuant to 

Title 14 Code of 

Federal Regulations 

(CFR) Section 

119.21 (a)(5)-0n 

Demandl35 

119.25(b)- On 

Demand HEL 

and provided, at all times, the 

certificate holder has appropriate 

written economic authority issued by 

the Dep?Jtment of Transportation. 

and provided, at all times, the 

certificate holder has appropriate 

written economic authority issued by 

the Department of Trans~lOrtation. 

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. 

b. 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. 

c. The certificate holder is authorized to conduct the operations described in subparagraph a under the 

following other business names: 

SMC AVIATION INC. 

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

maintenance tests, fertying, 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: 515/2009 AOOl-1 

Northeastern Aviation Corp 

Certificate No.: ,Cl~OYA206C 
e •a t!i ±t ' 1¥ HM* !i!!!f§i¥ * f ·4 * iii§ §% §!14¥MM em 

U.S. Department 

ot Transportation 

Federal Aviation 

Administration 

Operations Specifications 

1. Issued by the Federal Aviation Administration. 

2. Support information reference: 

3 These Operations Specificatwns are approved by direction of the Adrnmistrator 

M1:-f!la::: ;1/££~ 

4. Daapprovalrs effective 2/2/09 

Pnnc1pal Operations Inspector 

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

~~ f-2-fMov) 

Russo, Michael J 

Print Date: 5/5/2009 

Director of Operations 

A00!-2 

Northeastern Aviation Corp 

EAll 

Amendment Number 6 

Date: 2/2/09 

Certifrcate No.: AOYA206C 
EXHIBIT A-2 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

AOOl. Issuance and Applicability 

Operations Specifications 

HQ Control: 

HQ Revision: 

05109/03 

02c 

a. These operations specifications are issued to SUNDANCE AVIATION INC, whose principal base of 

operation is located at: 

Primary Business Address: 

SUITE 103, ATLANTIC AVIATION BLDG 

REPUBLIC AIRPORT 

FARMINGDALE, NY 11735 

The holder of these operations specifications is the holder of Air Carrier Certificate Number 

SDPA480K and shall hereafter be referred to as the certificate holder. The certificate holder is 

authorized to conduct: 

On Demand 

(135) 

operations in Common carriage pursuant to 

Title 14 Code of 

Federal Regulations 

(CFR) Section 

119.2l(a)(5)-

On Demand 

and provided, at all times, the 

certificate holder has appropriate 

written economic authority issued by 

the Department of Transportation. 

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. 

b. 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. 

c. 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: 4/2/2004 A001-1 

SUNDANCE A VIATJON INC 

Certificate No.: SDPA480K 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

$I #ij @M!ii@li! M!i@j!Ul2@1' 

Operations Specifications 

1. Issued by the Federal Aviation Administration. 

mt~=c:fications are approved by direction of the Administrator. 

• Moinian, Shapour Principal Operations Inspector 

# !!iMP& 

EAll 

3. Date Approval is effective: 4/2/04 Amendment Number: 

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

/li~tofL; f);[;ZJ~ Kalish, Michael David 

Print Date: 4/2/2004 

Director of Operations 

AOOl-2 

SUNDANCE AVIATION INC 

Date: 4/2/04 

Certificate No.: SDPA480K 
EXHIBIT A-3 
U.S. Department 

of Transportation 

Federal Aviation 

Administration Operations Specifications 

A006 . Management Personnel 

The certificate holder is authorized the following management positions: 

HQ Control: 10/19/2009 

HQ Revision: 030 

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

positions listed below. All management personnel listed in this operations specification must be direct 

employees of the certificate holder. 

Table 1- Authorized Management Positions and Personnel 

Part 119 Position Title Name Company Equivalent Position Title 

Chief Pilot Labrozzi, Joseph William Chief Pilot . 

Director of Maintenance Oppedisano, Michael Director of Maintenance 

Director of Operations Russo, Michael J President 

I. Issued by the Federal Aviation Administration. 

2. Support information reference: 

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

2011.06.15 13:35:02 Central Daylight Time 

Location: WebOPSS 

Digitally signed by Theodore W Burzynski. 

Principal Operations Inspector (EAll) 

4. Dat~pproval is effective: 06/15/2011 Amendment Number: II 

5. I hjrlby accept and receive e Operations Specifications in this paragraph. 

~'·.~~~ 

Print Date: 61!5/20 II A006-l 

Northeastern Aviation Corp 

Date: 06/IS/20 II 

Certificate No.: AOY A206C 
EXHIBIT A-4 
U.S. Department 

of Transportation 

Federal Aviation 

Administration Operations Specifications 

A006 . Management Personnel HQ Control: 10/19/2009 

HQ Revision: 030 

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. All management personnel listed in this operations specification must be direct 

employees of the certificate holder. 

Table 1- Authorized Management Positions and Personnel 

Part 119 Position Title 

Director of Maintenance 

Director of Operations 

Chief Pilot 

Print Date: 1/5/2010 

Name Company Equivalent Position Title 

Jones, Stephen L. Director of Maintenance 

Kalish, Michael David Director of Operations 

Weston, Douglas W. Chief Pilot 

A006-1 

SUNDANCE AVIATION INC 

Certificate No.: SDPA480K 
U.S. Department 

of Transportation 

Federal Aviation 

Administration Operations Specifications 

1. Issued by the Federal Aviation Administration . 

2. Support information reference: 

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

2{)l0.0l.{l5J4:30:27 Cc.nt111l S1<mdt1rd Ti11lo 

L<Jcu-tion: WchOPSS 

Digitally slg.ncd by K'icholas 'l'sokr.i~, 

Pri:ncip<Jl Opernlions. lns.pceior 

4. Date Approval is effective: 01/05/20!0 Amendment Number: 4 

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

Kalish, Michael David, Director of Operations 

Print Date: 11512010 

[{J!v/ 

A006-2 

SUNDANCE AVIATION INC 

Date: Ol/05/20IO 

Certificate No.: SDPA480K 
EXHIBIT A-5 
• : e M"*'M' .;; 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

g 

D085 . Aircraft Listing 

Operations Specifications 

Afiii@&MQ W@i AM¥ 

HQ Control: 02/06/1998 

HQ Revision: 02a 

a. The certificate holder is authorized to conduct operations under 14 CFR Part 13 5 using the 

aircraft identified on this operations specification. 

Registration No. 

N104FT 

N72MM 

Nl6671 

N604LC 

N605WG 

NI55MM 

N451CM 

NI56WJ 

N345LC 

N56MM 

N55NY 

N973HR 

N8282P 

Print Date: 5/26/2011 

Serial No. Aircraft M/M/S 

20121 BD-100-IAIO 

BB-497 BE-200-200 

2087 BHT-206-B 

5373 CL-600-2816 

14500980 EMB-135-BJ 

325 GA-1159-A 

4024 GA-IV-X 

1347 G-IV 

5145 G-V-SP 

332 LR-24-F 

55-020 LR-55-55 

60-260 LR-60-60 

34-8170022 PA-34-200T 

D085-1 

Northeastern Aviation Corp 

Certificate No.: AOY A206C 
U.S. Department 

of Transportation 

Federal Aviation 

Administration Operations Specifications 

1. The Certificate Holder applies for the Operations in this paragraph. 

2. Support information reference: 

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

21.1 J l.l\5 . .2fl ]11:.12:2:2 ( ·.enlral D<il lill.ht ·nm,_· 

LuL·atiun: \\ cNWSS - ~ 

!Ji'.!italh si!2m'd h .\-~:irk Hun1L'lL PrinLip.d 

\l:linkli'lll'-~C Jn:-;p~'Litlr I r:.--\) I J 

4. Date Approval is effective: 05/26/2011 Amendment Number: 18 

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

Oppedisano, Michael, Director of Maintenance 

~4J~ 

Print Date: 5/26/20 II D085-2 

Northeastem Aviation Corp 

Date: 05/26/2011 

Certificate No.: AOYA206C 
EXHIBIT A-6 
U.S. Department 

of, Transportation 

Federal Aviation 

Administration 

0085 . Aircraft Listing 

Operations Specifications 

H Q Control: 02/06/1998 

HQ Revision: 02a 

a. The certificate holder is authorized to conduct operations under 14 CFR Part 135 using the 

aircraft identified on this operations specification. 

Registration No. Serial No. Aircraft M/M/S 

Nl06MB TH-1935 BE-58-58 

NJ45MJ TH-1823 BE-58-58 

!. Issued by the Federal Aviation Administration. 

2. Support infonnation reference: 

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

20 J.l.fl4.13 '14:07::i0 C.::JJ.U·at _Ouy lig-ht Time 

Locatio.u: \VchOl\S"S 

Digitally ~rigned ·b_y Conrad J {.kPinw. 

Prineipnl ·.\J:rinh::nance- Tnspccl'.or (EA 11) 

4. Date Approval is effective: 04/13/2011 Amendment Number: 6 

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

Kalish, Michael David, Director of Operations 

Print Date: 4113/2011 D085-1 

SUNDANCE AVIATION INC 

Date: 04113/2011 

Certificate No.: SDPA480K 
EXHIBIT A-7 
IRCRAFT FUGHT LOG 

--~-Sic I Trip Number Start Date Aircraft MIM 

I _J!/l.U.f !{ ________ r?/nf1r BE 58 

- -

--~ DM: ,;-,,-~ '" . 

FUEL -- -- From TIME (UTG) UPLEG L i 35 I G'! Code LIFT !5P TIME 

OUT Hobbs Off Hobbs On TIME IN . ---

·t ~t:?z - - ? ,:,'1) To: F/lv /OS" j /if}iU r· t ?oJ' I II r ---~- ------ 2 II I 1' To: fo~ !'>lrD tX5o. 5 /d'].O -8 rJ «( 0 

3 ' ( 

. 

I 7 To:! Sf' I"S"'ro ((()o.,Jf l!r'll- 2- /J?oS4 \( I "1 To:(--~ f4of' lr ffJtz nm. 3 r11f' 

5 To: 

6 To: I i- To: 

(A) Aeromedical (P) Positioning (C) Cl1arter (0) Owner Transport TOTAL J.Il,J.L~!l9~ (f\11) Maintenmn&;;e (.2L.Sales Demo !RJ Rental 

,----~ - Carefully Pn·nt AIRCRAFT ENGINE 

U7e Numbers I·IOURS 

Time Cycles 

~· l u ---o~ 

?C~;:)A vlation 

Aircraft Registry 

N345MJ 

'""~a 

Flight Block 

Time Time IFR 

Time (10tl1s} (10ths} 

r / I ,5' 

e~ I ,7 .- 2 

;q. I .4 ,2 

, I ,2-

VOR CHECK DUE @ 

DATE 

-------~ .. - NIGHT Nigl1t Pllot 

Time 

T/0 Ldgs Fty!ng 

yt; /C 

il 

tr 

/I 

-~--, 

i 

Type of I 

ApproZidl , 

t/ / J;: 

votL FC 

I L 5. A 

il£ ~q 

I J f' 

' 

-~ 

}l 

61'5 1 It-&- {J;c 

I 

- ·~'"11\f~~lfl~;~J;J 

tfr/!t 

-- __ .___...., ___ TYPE: AIR GND VOT 

u tb . z__ -- -- -- ' J. ••• 

.. ' l l N0.1 VOR NO 2 VOR --

• I 8 ;, f 5 

--- - 1 certify that the entries on this log are true and accurate to !he best of my knowledge: 

AIRCRAFT FLIGHT LOG Form 86-401c (01127/04) 

File: 86-401.doc /!;( 2 2 /r/ Sign: Date: 

----- Client or User: S uvOAfi/OZ ~ ,c/-1-/1 C(L l-( (}£ L~GS 2-

100 HOUR INSPECTION Hourly 1904.5 Comments: 

ANNUAL Caleodar 6/12 

Cycles --------~~·-

--------~~ --
EXHIBIT A-8 
Pilot Duty And Flight Time Record 

Name: MICHAEL KALISH Month: August 2011 

Date I Trip# 

A ~:;n 1_Q 

.:...:.. .A I I IUUU . I IU.UU I ":~. ~ Uti I I .. I - -- ·- :.; 

Suhdance Aviation Flight Time Record 9:29 AM 2!312Dn 
EXHIBIT A-9 
DUTY STATUS; 

DELAY CODES: Place an X In !he appropriate column . ~~~ NORTJ-EASTERN 'i\1 '~weo<McDeleY S=. Scheduler! fora Flight _ --- -- ;--"---·--·- - ~-fL':"L~~&~~a-. J" Late Arrival PAXJ Re111m Le~ Pt. 91 

NS "~ot Schsduled lora Flrght A VIA TlON CORP. 4" Maintenance Delay 

RON- Remain Ovemlghl or layover s, Augmented Crew 

0 =Off (Vacation. Sick, Personal Day, etc.) 

A =AdministratiVe Duty (Office Warn, Meeting,Elc. 

TNG =Training {Sci">:Jol or Company) 

AIRCRAFT 

DUTY STATUS Duty Time Using UTC PILOT DAILY FLIGHT TIME MONTH NIGHT INSTH\JMENT FARs onwn """"f. DAY OUTYTIME DUTYTIME TOTAL rorAU SIM G550 G450 TAIL# f--;;-:;--r.:-; RONSITE&COMMENTS oELAv - oW<o·, 

S NS RON SiRON 0 A TNG ON OFF ON OFF PIC SIC OC TOTAL TiME LOG TIME APPCH PIC SIC PiC SIC PIC SiC 91 135 

I X ~00 QD QO 

2 x o:oo o_o o_o ' 3 X 0:00 0.0 0.0 I 

4 X 0:00 0.0 0.0 

5 X 0:00 0.0 0.0 I I 

6 X 0:00 0.0 0.0 

7 X 0:00 0.0 0,0 I I 

8 X 0:00 0,0 0.0 I I 

9 X 0:00 0.0 Q_Q I I 

10 X 0:00 0.0 0.0 I I 

11 X 0:00 0.0 0.0 I f 

i2 X 0:00 0.0 0.0 i 13 X 0:00 0.0 0.0 J ) 

14 X 0:00 0.0 0.0 J ! 

15 X 0:00 0.0 0.0 J J 

16 X 0:00 0.0 0.0 J J 

17 X 11:45 i?:OO 5:15 1.4 1.4 1.4 I J 1.4 N451CM X CYUL .,N 

18 X 0:00 0.0 1.4 I J N~51CM CYUL "" 

19 X 18:00 22:30 4:30 1.8 1.8 3.2 I I 1.8 N451Civl X 

)0 X 0:00 0.0 3.2 I 

!1 X 0:00 0.0 3.2 I I 

~2 X 0:00 0.0 3.2 I I " 

'3 X i:30 14:45 13:15 6.4 6.4 9.6 I I 6.4 N451CM X s~o '"" . 

!4 X 0:00 0 0 9.5 _j _j N451CM X SFO <~II 

'5 X 0:00 Q_Q 9_6 __ i N451CM X SFO "'' 

6 X 6:00 16:30 10:30 5.9 5.9 15.5 i , 5.9 N451CM X SFO "" 

7 X 0:00 0.0 15.5 J I 

8 X 0:00 0.0 15.5 

9 X o:ao o.o 15.5 I 

::J X 0:00 0.0 15.5 i I 1 X 0:00 0.0 15.5 I I 

~~-,-\fi}"'~%~4'i'-,:r'.i~f)J11]l;,;~J•'g:.t~;\?'~W,,J•Jt,"~:~;~~~ll)~~iW;~~.&.%~~/,'!,\'.j~~~*Ji§.#Jt" :""' ~~~~4.J"'b,~~~~-- :~ ~~' ~~~-~, "~-~ "

1 'lim ~~~1); ~ii\K nfl~~ COMMENTS 

2 9 3 2 15 0 0 141 14 00 155 -155 00 00 00 00 00 00 00 00,141 14 l11\.l'J;!if,~}f,/I'~~·~&:!~Wt~m;;iOJ:@~';\Ill;~J~i:iJ•JUI.'~~;TOTAL 0 

," Pllot'sNama Monlh/Year ~~~,~- , ~~--~ -~~,!~ ~ ~ m ~~~~,.~,~~~~~ f Mtchae/Ka!tsh a 2011 •,;Ii .• -FJ·>"_ 1 '"~ 1\Q:· * ~'/' ~ -·):lit~· ~> • ~ i)',,' 

l!!i:'<:;<]'ie<4"'"1ll'""li>''·'ill.~illli\~lfdii!l!i~Jfc~cl•~i!!!>wl.t'll~ai''"""'"~"'''l!!ii'!:ccl'.""~"''~llil!I>;;:=B·~ ,,j, o.< , "" ~I~, 1, ~~~ !;, ,":'!Jil'<i; w~ ~ , ,, ,,,,!ill>l'li!ll "'",.J,-•·.~ ~, •!I\ , %'! 1§el I 

--...,. _ ___..~ 

. ___ ; ___ / 
EXHIBIT A-10 
·EASTERN 

- ~ ~ i - - - - -- -- P.egistrotio~ N4~1CM I 1 i , [ . . 1 · • • , -.~ '<. ,. ... - ·-- ,,, 1

riltc: 1,-tuc: 10? · ls:l 121irl .. lr·-·"··· ·•1•.;'11''"' 

LE~ \ Will \ DATE I FP.O~\ I ro \ OUT ·I ·)FF I \ltl I IU I BLOCH I FUGHT I PlotFl,iH~ l\ljll<ttin5>iloool F"olaot I '••lin s"'" "" Hol~ln9 

_, If\( ;tlz,; -~·Lfw /o-;JJD/ OJ!S'/ot15'/Qt{LL..c~ I A I!'<(!. /zr;70 I zu.! 112 /2. a 

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EXHIBIT A-11 
NORTHEASTERN AVIATION CORP 

OPERATIONS MANUAL 

AIR CARRIER CERTIFICATE NUMBER AOYA206C 

4.9 OTHER COMl>IERCIAL FLYING TIME 

(a) Pilots shall report, or make available, to the Director of Operations flight time records from all other 

commercial flying activities within seven days prior to duty. 

(b) Other Commercial Flying time includes: 

(I) Any flight instruction activities 

(2) Any business flying even if not on an hourly basis 

(3) Any flying, or flight training, or ferrying, for any business concern whether they are an aviation 

company or not 

(4) Other airline flying. 

(c) Military flying in the National Guard or Reserves is not considered Commercial Flying Time for air carrier 

purposes. Although the flight time does not figure into any calculation against the limitations for a later air 

carrier flight, it is the company policy that you not accept a flight without meeting the minimum rest period 

requirements of 10 hours of uninterrupted rest imposed by 135.267. 

Do not use the mandatory rest periods under the air carrier rules as your duty period to conduct military 

flying. 

4.10 DEPARTURES WITH MARGINAL DESTINATION WEATHER 

(a) AIR CARRIER 

(I) 135.219 No person may takeoff an aircraft under IFR unless the latest weather reports or forecast 

indicate that the weather conditions at the estimated time of arrival at the next airport of intended 

landing will be at or above authorized IFR landing minimums. 

(2) 135.221 Alternate airport weather requirements. No person shall designate an alternate airport 

unless the weather reports or forecast indicate that the weather conditions will be at or above 

authorized alternate airport minimums for that airport at the estimated time of arrival . 

(b) ALL FLIGHTS 

Passengers should be advised of any forecast or anticipated weather problems and a decision made as to a 

possible course of action if the destination weather makes completion of the planned flight impossible. 

DATE: 03/10/2010 

P..EISSUANCE 

SECTION: 1 CHAPTER:4 

PAGE: 4-11 
EXHIBIT A-12 
DISCREPANCY 

FAA ASSESSMENT FINDINGS 

January 30- February 3, 2012 

NORTHEASTERN AVIATION (AOYA) 

RESPONSE AND ACTION PLANS 

General Operations Manual 

Other Commercial Flying: Northeastern has a documented procedure for pilots to record Other Commercial 

Flying Time requiring pilots to report or make available flight time records from all other commercial flying 

14 activities within 7 days prior to duty. [GOM Section 1 Chapter 4 4.9] There are no records found from 

known pilots who are actively flying outside of Northeastern. There is a potential of a pilot being assigned 

fli ht du without having ade nate rest and/or exceedin fli ht and du time limitations. 

ANALYSIS /INVESTIGATION 

Analysis shows NEA could utilize a better system for the tracking of Flight, Duty and rest times of flight crew 

members outside of the Company. The seven day notification is not realistic to ensure compliance with 

requirements. NEA will developed an new process and procedures utilizing industry best practices. 

CORRECTIVE ACTION PLAN 

IMMEDIATE ACTION: 

A Company Operations Bulletin will be issued to all flight crew (full and part-time) explaining the new 

procedures. 

CORRECTIVE ACTION: 

Athe GOM will be revised at the new update reflecting the newly established tracking system for Flight, Duty 

and rest requirements outside of the Company. 

February 27,2012 
EXHIBIT A-13 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

0 s 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

File#: 2012EA110030 

Mr. Michael J. Russo 

Director of Operations 

Northeastern Aviation Corporation 

65-07 Fresh Meadow Lane 

Fresh Meadows, NY 11365 

Dear Mr. Russo: 

Farmingdale Flight Standards District 0 

7150 Republic Airport 

Administration Building, Suite 235 

Farmingdale, NY 11735 

T-631.755.1300 x225 

F-631.694.5516 

!;:mail- THEODORE.BURZYNSKI@F 

t 1 3""i'i-/-2- 0li11NG SYMBOL 

During the week of January 30,2012, the Farmingdale Flight Standards District Office 

conducted an In-Depth Inspection of the Northeastern Aviation Corporation facility. As a 

result of the inspection, it was discovered that on August 23,2011, Pilot Michael Kalish, wh A'rn 

also flies for Sundance Aviation, was dispatched on a Northeastern Aviation Charter flight 

without being provided the minimum I 0 consecutive hours of rest. 

!NITIALSIS!G 

OUTING SYMBOL 

This is to inform you that the FAA is investigating this matter. We wish to offer you an 

opportunity to discuss the incident in person or submit a written statement within 10 days 

following receipt of this letter. Your statement should contain all pertinent facts and any 

mitigating circumstances which you feel may have a bearing on the incident. If we do not 

hear from you within the specified time, we will process this matter without the benefit of 

your statement. 

Sincerely, 

Original Signed By 

Theodore W. Burzynski 

Principal Operations Inspector 

Pos!Bge 1-s:.._ ____ _, 

rn 

D Rerum Recalpl Foo 

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OUTING SYMBOL 
SENDER: COMPLETE THIS SECTION .. . "' - . a Complete itemS I, 2, ·aiid 3. Also cOmplete 

item 4 if ReStricted Delivery is desil-ed. 

II Print You~ name and address on the reverse 

so that we can return the card to you. 

! 11 Attach this card to the back of the mail piece, 

_·, __ or on the front if space permits. 

D. Is delivery address different tram item 1? 

"1. 'Article AddrEissed to: 

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2. Article Number 

(Transfer from service label} . 

PS Form 3811, February 2004 

/IJt's 3. Service 1}-'pe 

«.cert'rfied Mall 

D Registered 

7010 0290 0003 3371 8600 

Domestic Return Receipt 1 02595·02-M-i 540 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing AGENCY'S FIRST SET OF INTERROGATORIES 

AND REQUEST FOR PRODUCTION OF DOCUMENTS, AND REQUESTS FOR 

ADMISSIONS have been sent via first class mail and facsimile to the following: 

Mr. James Ehrig, Esq. 

Eckert Seamans Cherin & Mellot, LLC 

1717 Pennsylvania Avenue, NW, 12th Floor 

Washington, DC 20006-

FPLK 202-659-6699 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

FPLK: (202)366-7536 

I hereby certify that the foregoing AGENCY'S FIRST SET OF INTERROGATORIES 

AND REQUEST FOR PRODUCTION OF DOCUMENTS, AND REQUESTS FOR 

ADMISSIONS have been sent via first class mail to the following: 

Federal Aviation Administration (Original and one copy via first class mail) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

~Lc Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, New York 11434 

8