09/28/2012 09:52 FAX 2024935142 FAA + OMS @001/008 

U.S. Department 

of Transportation RECEIVED Offic~ <>fRee,ion~l C:oun~cl 

\101 Locu~(, .Ko<.>Jn :506 

Kansas Ciry, MO 64106-2641 

Fetlcral Aviation 

Administration 

In Reply Refer To: ACE-7 

SEP • 5 2012 

HE.ARlNG DOCKET 

Area Code: 816-329·3763 

CERTIFIED MAIL-· RETURN RECEIPT REQUESTED 

Certified Mail Receipt Nos. 70111150000003371134, 7011115000003371141, 70111150000003371158 

August 29, 2012 

Hearing Docket 

Federal Aviation 1\dmini:;tratiorl 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Roon1 2Wl 000 

Re: In the Matter ofTrans States Airlines, LLC 

Case No. 20IOCE030093 

]> 

01 

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Enclosed herewith please find a copy of a rcq\JCSt for a hearing and the original and one copy of the 

Complaint in the above-reft.:renced proceeding. 

The FAA requests that the hearing in this matter be held in St. Louis, Missouri, and expects that the 

hearing will last one day. 

Please address all communications for the FAA to DaviJ B. Kessler, Federal Aviation Administration, 

Central Region, ACE-7, R()()m 506, DOT Building, 901 Locust, Kansas Cily, MO 64106-2641. 

Sincerely, 

A. Lc:>tcr Haizlip 

R ·onal Counsel 

B: 

D . Kessler 

Anomey 

Enclosures 

cc: Richard A Leach 

David J.A. Hayes III, Esq. 
09/28/2012 09:52 FAX 2024935142 FAA -. OMS 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: r 

Trans S!ates Airlines, LLC 

Served; August 29, 2012 

FAA Docket No. 

FAA Case No. 201 OCR030093 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuanuo Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and stau:::s as follows: 

I. 

1. On March 8, 2012, Respondent Trans States Airlines, LLC was advised through a 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amou:nt 

of $44,000. On August 27, 2012, Respondent submitted a written request for a hearjng. 

II. 

1. At all times hereinafter-mentioned: 

a. Trans States Airlines, LLC (TSA), was the holder of Part 121 Air Carrier 

Ce1iificate Number RAIA053A; 

@ 002/008 

b. TSA was the operator of Civil AircraftN842HK, an E:MB-145, authorized for use 

by TSA in Part 121 revenue operations. 

2. On or about July 5, 2010, the pilot ofN842HK's flight 8084 entered a maintenance 

discrepancy into N 8421-JK 's Aircraft Maintenance Flight Log noting "tire has two cuts on iL" 

3. The discrepancy noted above rendered N842HK unairworthy. 

4. An aircraft with an open maintenance discrepancy, as noted in paragraph 2 above, 

should he placed on a "Maintenanct! Hold" and is prohibited from operating until receiving a 

"corrective action" as stated by TSA's: 
09/28/2012 09:52 FAX 2024935142 FAA + OMS ~ 003/008 

2 

a. General Operations Manual (GOM), Section 3-4.1; 

b. Dispatch Policies and Procedure Manual (DPPM), Section 3-12.5; and 

c. General Maintenance Manual (GMM), Volume 1, Chapter 3, Sections 1-3.1.6 and 

1-3.2.2. 

5. The maintenance discrepancy noted in paragraph 2 above remained open until July 6, 

2010, when it received a corrective action signoff. 

6. Between July 5, 2010, and July 6, 2012, TSA dispatched and operated N842HK on 3 

flights with the maintenance discrepancy open. 

7. Based on the foregoing, N&42HK was not in an airworthy condition during the 

operations noted in paragraph 6 above. 

8. TSA 's operations, as noted in paragraph 5 above: 

a. Were contrary to its GOM, DPPM, O:MM; and 

b. Constituted a careless act on the part ofTSA, endangering the lives and property of 

another. 

III. 

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

following sections of the Federal Aviation Regulations: 

a. Section 91.13( a), which states in relevant part that no person may operate an 

aircraft in a careless manner so as to endanger the life or property of another. 

b. Section 121. 153(a)(2), which states in relevant part that no certificate holder may 

operate an aircraft unless that aircrat1 is in an aitworthy condition and meets the applicable 

airworthiness requirements. 
09/28/2012 09:52 FAX 2024935142 FAA -> OMS ~ 004/008 

2. Pursuant to Title 49 U.S.C. 46301, Respondent is subject to a civil penalty not to 

exceed $11,000 ior each ofthe violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of $44,000 is 

appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount of $44,000. 

Dated this 29th day of August, 2012. 

Answer 

Respectfully submitted, 

A. Lester Haizlip 

Regio nal Counsel 

lly; j 

Allomcy 

D .il~,l~ for Complainant 

Federal Aviation Administration 

901 Locust~ Room 506 

Kansas City, MO 64106~2641 

816-329-3763; Fax (816) 329-3771 

Section 13.209(a) of the Rules of Practice in FAA Civil Penalty Proceedings states, 11A 

respondent shall file a written answer to the complaint, or may file a written motion pursuant to 

Section 13.208(d) or Section 13.218(f)(l-4) instead of filing an answer, not later than 30 days 

after service of the complaint. 

Section 13.209(f) states, "A person's failure to file an answer without good cause shall be 

deemed an admission oftbe truth of each allegation contained in tlle complaint. 

/ 

3 
08/28/2012 08:53 FAX 2024835142 FAA "' OMS 

Trans States Airlines, LLC, FAA Case No. 2010CE030093 

CERTU'ICATE OF SERVICE 

I hf:.)rcby certify that I have this date placed in the United States mail, certified, return 

receipt requested, a copy of the Administrator's Complaint, addressed to: 

Mr. Richard A. Leach 

Trans States Airlines, LLC 

11495 Navaid Road, Suite 303 

St. Louis. Mo 63044 

David J. A. Hayes III, Esq. 

Trans States Holdings, Inc, 

11495 Navaid Road 

St. Louis, Mo 63044 

In addition, I hereby certify that I have this date placed in the United Slates mail, 

certified, return receipt requested, the original and one copy, addressed to: 

Federal Aviation Administration 

800 Independence A venue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AOC-430 

Wilbur Wright Building, Suite 2Wl 000 

Alisa a~k Gause 

Paralegal Spt·cialist 

Dated this 29th day of August, 2012. 

141005/008 

4 
09/28/2012 09:58 FAX 2024985142 FAA ~ OMS 

-- ~~~s---~~· TRANS ... STATE$ ~~ IJ:: ~P: 1-1 0 l 0 I N G S 

RECEIVED 

August 24, 2012 SEP • 5 2012 

~EARlNG DOCKET 

VIA CERTIFIED MAIU 

RETURNED RECEIPT REQUESTED 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

600 lndependenoe Avenue SW. 

Wilbur Wright Building, Room 2014 

Washington, DC 20591 

Re: FAA Case# 2010CE030093 cJOb(- {;t(D 7 

REQUEST FOR HEARING 

XI 

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Trans States Airlines LLC by and though counsel hereby requests a Hearing in 

reference to the Final Notice of Proposed Civil Penalty in FAA Case 

#201 OCE030093. 

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Trans States Airlines LLC believes the hearing will take approximately two days and 

~..-...sts the hearing to be held in St. Louis, MO. 

i d, 7;;;:: 

David J. A. Hayes II , sq. 

Vice-President & General Counsel 

Trans States Holdings, Inc. 

11495 Navaid Road 

Bridgeton, MO 63044 

314-222-4316 (0) 

314-222-4311 (F) 

dhayes@transstates.net 

Attorney for Respondent 

Trans States Airlines LLC 

11495 Navaid Road Bridgeton, Missouri 63044 

314.222.4316 office, 314.222.4311 fax, dhayes@transstates.net 

Ill 008/008 

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