Apr 17 15 10:29a LAW OFFICES

ADMINISTRATOR UNITED STATES OFAMERICA FEDERALAVIATION ADMINISTRATION WASHINGTON. D.C.

Federal Aviation Administration FAA Hearing DocketNo. (unassigned) Complainant, Judge (unassigned) 

### v. FAA Case. No. 2014NM010021 Rugby Aviation, LLC, Respondent. ) ) ) ) ) ) ) ) ) )

APPEAL AND REQUEST FORHEARING p.1

Rugby Aviation, LLC, Respondent, by and through their undersigned counsel, pursuant to 14 C.P.R. § 13.16 and Part 13, subpart G (14 C.F.R §§ 13.201- 13.235), hereby appeals the Administrator's Notice ofProposed Civil Penalty dated April 9, 2015, FAA case number above, a copy of which is attached hereto. Respondent denies the violation(s) alleged in the Administrator's Notice and requests that it be reversed. Respondent also requests that the hearing beheldin Seattle, Washington. Respectfully submitted, this 17th day ofApril2015,
The Law Offices ofJ.C. Becker, 

### Inc., P.S.

J.C. Be
980&2-1253 (425) 280-2004Apr 17 15 10:30a LAW OFFICES p2

CERTIFICATE OF SERVICE I hereby certify thatI havethis date faxed andmailed, by certified US Mail the foregoing Appeal 

### and OriginalNotice addressed

**to~** Hearing Docket Federal Aviation Administration Attention: Hearing Docket Clerk AGC-430, WilburWright Building- Suite 2Wl000 800 Independence Avenue, SW Washington, DC 20591 Fax (202) 267-1293 And, further, that I have this date faxed and mailed, byregular mail, a copyofthe foregoing Emergency Appeal addressed to: Robert Spitzer, FAAAttorney NW Mountain Region/FAA 1601 LindAveSW Renton, W A 98057 Fax (425) 227-1007
Dated:4/17/2015 Attorney

### J.

/Apr 17 15 10:30a LAW OFFICES p.3

U.S. Department of Transportation Federal Aviation Administration Northwest Mountain Region Office of Regional Counsel Colorado, Idaho, Montana, Oregon, utah, Washington, Wyoming 1601 Lind Avenue S.W. Renton, Washington 98057 Tel: (425) 227-1417
April 9, 2015 Fax (425) 227-1007 robert.spitzer@faa.gov

VIAFIRST-CLASS AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED J.C. Becker 13300 Bothell-Everett Hwy, Suite 604 

### Mill Creek, 

### W A 98082 RE: Rugby Aviation- FAA

**~o.** 2014NM010021 FL"'(AL NOTICE OF PROPOSED CIVIL PENALTY OnDecember 2, 2014, Rugby Aviation, L.L.C. (Rugby) was advised through aNotice of Proposed Civil Penalty (Notice) thatthe Federal Aviation Administration (FAA) proposed to assess a civil penalty in the amount of$11,000. After consh:lering all the information presently a part ofthis pro.ceeding, including the informationpresented duringthe March30, 2015, informal conference, it appears that: I. Rugby is now, and at all times mentioned hereinwas, the holder ofAir Carrier Certificate No. RO!A597J, which at all times relevant herein, permitted Rugby to conduct operations pursuant to Part 135 ofthe Federal Aviation Regulations (FAR). 2. At all times relevant herein, Rugby's Operations Specifications, AOOl, authorized

**Rugby~to** conduct operations only under the name "Rugby Aviation" or ''Northwest Sky Ferry". 3. At all times relevant herein, Rugby's Operations Specifications, A008 (d)(4)(b), stated "The certificate holder sha11 not operate an aircraft under Part 135 under the name orfLctitious name ofany other person orentity, unless authorized in operations specific.ation AOO 1 ofthese operations specifications" 4. Rugby's Operations Specifications did not authorize Rugby touse the business name "SanJuan Airlines" until March 24, 2014. 5. The U.S. Department ofTransportation, did not register the business name "San JuanAirlines'' for Rugby until March 24,2014 6. On or about February 21, 2014; February 24, 2014; February 26, 2014; and February 27, 2014, Rugby w-as advised in person hy the FAA Principal

**Op.cration~s** In::tp.cctor

**u~~igncd** to.Rugby nOt to conduct operations under the nameApr 17 15 10:31a LAW OFFICES Rugby Aviation, LLC.- 2014NM010021 April 9, 2014 Page 2 of3"SanJuan Airlines" until the name was authorized onRugby's operations specifications. 7. On or about March 3, 2014, Rugby was advised not to use the name "San Juan 

### Airlines" via aletterofinvestigation sent from 

### the FAA. 8. From a period starting on or abo.ut February 27, 2014, until March 24, 2014, Rugby used the name "San Juan Airlines" to advertise their air services, and conducted business under the name "SanJuan Airlines", when the name did not appear as an approved name on Rugby's operations specifications. 9. At all times relevant herein, Rugby operated

**airc~aft** as a FAAPart 135 carrier. p.4

Byreason ofthe foregoing circumstances, Rugby violated the following Sections ofthe FAR (14 Code ofFederal Regulations):
a. Section 119.5(g), inthat Rugby operated as a direct air carrier in violation ofits operations

**sp~cifications.** · · · b. Section 119.9(a), in that Rugby operated an aircraftunderPart 135using a business name otherthan a business name appearing in the certificate holder's operations specifications. Under 49 United States Code Section46301(a),Rugby is subject to a civi!. penalty not to exceed $11,000 for eachviolation noted. We propose to assess 

## acivil penalty in the amount of$11,000. Unless Rugby mails or personally delivers, in writing, its request for a hearing in this matter, on orbefore fifteen (15) days after it receives (nis FinalNotice ofProposed Civil Penalty (FinalNotice), we will

**isst~e** an Order Asse.ssing Civil Penalty and Rugby will have no further right to a hearing. Ifyou do not submit a written request for a hearing, you must pay the proposed civil penalty. Areqtlest for a hearing must be sent to: Federal Aviation Administration Attentlon: Hearing DocketClerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 SDO Independence Avenue SW Washington, DC 20591 A copy must also be sent to the undersigned FAA attorney at thefollowing address: Federal Aviation Administration Office ofRegional Counsel

- ANM-7Apr 17 15 10:32a LAW OFFICES
Rugby Aviation, LLC. -.2014Nlvi01002.1 April 9, 2014 Page 3 of3 Northwest Mountain Region 1601 Lind Avenue, SW Renton, WA 98057 Rygby's request must be dated and signed, in accordance with Section 13.16 ofthe Federal AviationRegulations, sent toyou withtheNotice ( 14 C
..F.R. Section 13 .16). p.5

Rugby may paythe proposedpenalty by submitting a certified check ormoney ordtlr payable to the "Federal Aviation Administration," to the Office ofRegional Counsel, Northwest Mountain Region, 1601 Lind Avenue SW., Renton, Washington 98057. Iri the alternative, Rugby may payits civil penalty wl.th a creditcard, debit card, or bank account debit using the Internet. To pay electronically, visit the web site at http://www.pa,y.gov. Underthe SearchPublicForms option type in "FNM-FINE1." Click on "'FAA Civil PenaltyPayments," click on "Northwest Mountain Region," which.tvill bring you to the "FAA Civil Penalty Payments-NorthwestMountain Region" page. Rugby must complete the requested information and click "submit" to pay by credit card or debit card. To use the bank account debit Rugby will need its bank routing number, account number, and check number. IfRugby has any questions regarding thisNotice please contact FAA Attorney, Robert Spitzer at telephone number (425) 227-1417. DWIGHT S. WILLIAMS Regional Counsel

By:

:R.S/tek Robert Spitzer · FAAAttorney