Apr 17 15 10:29a LAW OFFICES 

ADMINISTRATOR 

UNITED STATES OF AMERICA 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON. D.C. 

Federal Aviation Administration FAA Hearing Docket No. (unassigned) 

Complainant, Judge (unassigned) 

v. 

FAA Case. No. 2014NM010021 

Rugby Aviation, LLC, 

Respondent. 

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APPEAL AND REQUEST FOR HEARING 

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 of Proposed 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 be held in Seattle, Washington. 

Respectfully submitted, this 17th day of April2015, 

The Law Offices of J.C. Becker, Inc., P.S. 

J.C. Be 

980&2-1253 

(425) 280-2004 
Apr 17 15 10:30a LAW OFFICES p2 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date faxed and mailed, by certified US Mail the foregoing 

Appeal and Original Notice addressed to~ 

Hearing Docket 

Federal Aviation Administration 

Attention: Hearing Docket Clerk 

AGC-430, Wilbur Wright Building- Suite 2Wl000 

800 Independence Avenue, SW 

Washington, DC 20591 

Fax (202) 267-1293 

And, further, that I have this date faxed and mailed, by regular mail, a copy of the foregoing 

Emergency Appeal addressed to: 

Robert Spitzer, FAA Attorney 

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 

VIA FIRST -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 

On December 2, 2014, Rugby Aviation, L.L.C. (Rugby) was advised through a Notice of 

Proposed Civil Penalty (Notice) that the 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 of this pro.ceeding, including the 

information presented during the March 30, 2015, informal conference, it appears that: 

I. Rugby is now, and at all times mentioned herein was, the holder of Air Carrier 

Certificate No. RO!A597J, which at all times relevant herein, permitted Rugby to 

conduct operations pursuant to Part 135 of the 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 or fLctitious name of any other person or entity, unless authorized in 

operations specific.ation AOO 1 of these operations specifications" 

4. Rugby's Operations Specifications did not authorize Rugby to use the business 

name "San Juan Airlines" until March 24, 2014. 

5. The U.S. Department of Transportation, did not register the business name "San 

Juan Airlines'' 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 name 
Apr 17 15 10:31a LAW OFFICES 

Rugby Aviation, LLC.- 2014NM010021 

April 9, 2014 

Page 2 of3 

"San Juan Airlines" until the name was authorized on Rugby's operations 

specifications. 

7. On or about March 3, 2014, Rugby was advised not to use the name "San Juan 

Airlines" via a letter of investigation 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 "San Juan 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 FAA Part 135 carrier. 

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By reason of the foregoing circumstances, Rugby violated the following Sections of the FAR 

(14 Code ofFederal Regulations): 

a. Section 119. 5(g), in that Rugby operated as a direct air carrier in violation of its 

operations sp~cifications. · · · 

b. Section 119. 9(a), in that Rugby operated an aircraft under Part 13 5 using a business 

name other than 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 each violation noted. We propose to assess a civil penalty in the amount 

of$11,000. 

Unless Rugby mails or personally delivers, in writing, its request for a hearing in this matter, 

on or before fifteen (15) days after it receives (nis Final Notice ofProposed Civil Penalty 

(Final Notice), we will isst~e an Order Asse.ssing Civil Penalty and Rugby will have no 

further right to a hearing. If you do not submit a written request for a hearing, you must pay 

the proposed civil penalty. 

A reqtlest for a hearing must be sent to: 

Federal Aviation Administration 

Attentlon: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

SDO Independence Avenue SW 

Washington, DC 20591 

A copy must also be sent to the undersigned FAA attorney at the following address: 

Federal Aviation Administration 

Office ofRegional Counsel - ANM-7 
Apr 17 15 1 0:32a 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 

Aviation Regulations, sent to you with theN otice ( 14 C .. F .R. Section 13 .16). 

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Rugby may pay the proposed penalty by submitting a certified check or money ordtlr payable 

to the "Federal Aviation Administration," to the Office of Regional Counsel, Northwest 

Mountain Region, 1601 Lind Avenue SW., Renton, Washington 98057. 

Iri the alternative, Rugby may pay its civil penalty wl.th a credit card, debit card, or bank 

account debit using the Internet. To pay electronically, visit the web site at 

http://www .pa,y.gov. Under the Search Public Forms option type in "FNM-FINE 1." Click on 

"'FAA Civil Penalty Payments," click on "Northwest Mountain Region," which.tvill bring 

you to the "FAA Civil Penalty Payments-Northwest Mountain 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. 

If Rugby has any questions regarding this Notice please contact FAA Attorney, 

Robert Spitzer at telephone number (425) 227-1417. 

DWIGHT S. WILLIAMS 

Regional Counsel 

By: 

:R.S/tek 

Robert Spitzer · 

FAA Attorney