04/20/201 1 14:4G FAX 2024935U 2 FAA * DMS ©001/01 0 

<d 

U.S. Department Eastern Region 1 Aviation Plaza ' Si-'O.RTATIOM 

of Transportation Regional Counsel Jamaica, NY 11434 i i ^p|:p^J|Q^,|2 

Telephone: 71B 553-3258 

FederelAviation Facsimile: 718 995.5699 ,, - . n r r 

Administmtio n ' ••• ''' - ^ ' ^' ^ ^ 

APR - 8 2911 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administraiion 

800 Independence Avenue, S,W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

ATTN; HEARING DOCKET CLERK 

Re: In ihe Matter of Empire Flight Academy ^^>^- ^^^ ^ - tPP-16^-5" ^ 

Docket No. 2009EA110074 ^tW'(}Z^ 0 

Enclosed herein please find a copy of a request for hearing and the original and one 

copy of the FAA's Complaint in the above-entitled action for filing, together with 

proof of service upon ihe Respondent. 

The FAA requests that the hearing in this matter be held in the New York, NV area, 

and expects that the hearing will last one (1) day. 

Please address all communications for the Federal Aviation Admiiiisiration to the 

attention of Zachary M Bcrman, Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Zachary M, Berman 

Attorney 

bnclosiues 

cc: -230(a)/230(by~-FSDO .__^^^^^^^: ;; 'yr]^r' 
04/20/2011 14:46 FAX 2024935142 FAA ^ DMS 002/010 

•/29/20n 15:47 FAX aoi294£525 AvrauiOti Caw Experts ElOOOl/OOOE 

U. S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

EMPIRE FLIGHT ACADEMY 

Respondent 

FAA DOCKET NO. 2009EA110074 

(Civil Penalty Proceeding) 

DMS NO. FAAADMINISTRATIVE LAW JUDGE 

NOT YET ASSIGNED 

Hearing Date: NOT YET ASSIGNED 

Hearing Location: NOT YET ASIGNED 

REOUEST FOR HEARING PURSUANT TO 14 C J.R- S 13.16 

COMES NOW, Respondent, Empire FUght Academy, by and through undersigned 

counsel pursuant to 14 C.F.R. § 13.16, and hereby requests a hearing concerning the allegations 

raised in the Complainants Final Notice of Proposed Civil Penalty dated March 22, 2011, which 

proposes to assess a civil penalty in the amount of $15,300,00. Respondent denies the violations 

alleged in the Complainant's Final Notice of Proposed Civil Penalty and prays that it be reversed. 

Respondent requests that a hearing be held in Isiip, NY. 

Dated: March 29,2011 Re^ecifuU/submitted, 

f. Winton, Esq. 

le Aviation Law Firm 

Lesearch Court, Suite 450 

Rockville, MD 20850 

Tel: (301)294^8550 

Fax:(301)294-2525 
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03/29/2Q11 15:47 FAX 3012942525 

FAA 

ATlatlou Law Eiiperts 

^ DMS 0003/010 

I2)0002/OOOZ 

CERTIFICATE OF SERVICE 

I hereby certify that T have this date served by regular U,S. mail, postage prepaid, an original and 

one (1) copy of the foregoing Request for Healing addressed to: 

Attention; Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue, S-W, 

Washington, D.C. 20591 

And, further, that I have this date served by regular U.S. mail, postage prepaid, a copy of the 

foregoing Request for Hearing addressed to: 

Zachary M. Bennan, Esq. 

F AA Eastern Region^ AEA-7 

1 Aviation Plaza, Room 561 

Jamaica, NY 11434 

Tel: 718 553-3258 

Fax:718 533-5699 

Dated: March 29,2011 

Respectful! 

The Ayiati&rfLaw Firm 

One Ri^arch Coun, Suite 450 

Rocmilt, MD 20S50 

Tel: (301) 294-8550 

Fax: (301) 294-2525 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Empire Flight Academy 

2009EA110074 

Judge Not Assigned 

COMPLAINT 

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

pursuant to Rule 20S of the Rules of Practice (14 C.F.R. I3.20S), and states as 

follows: 

I 

Respondent, Empu-e Flight Academy, was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penally in the amount 

of $15,300. On March 29, 2011, Respondent submitted a written demand for a 

hearing. 

n 

1. At all times relevant herein. Empire Flight Academy was the 

operator of a Diamond DA-20 aircraft, idcntilication number 

N383CA (hereinafter "the aircraft"). 

2. On or about April 8, 2009, during takeoff roll of the aircrdft by a 

student pilol. there was a vibration in the nose gear area. 

3. The student pilot reported the vibration that he had experienced to 

Empire Right Academy. 
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4. At some point between April 8, 2009 and June 1, 2009, Empire 

Flight Academy re-assembled the wheel assembly on the aircraft. 

5. No log enTry was ever niade of the re-assembling of the wheel 

assembly on the aircraft, 

6. The re-asscmbhng of the wheel assembly on the aircraft was not 

approved for return to service by an authorized person. 

7. On or about June 1, 2009, Empire Flight Academy proceeded to 

operate the aircraft on a flight to Republic Airport, Farmingdale, NY 

(hereinafter "the June I flight"). 

^- Prior to the June J flighi, ao log catr^' W2s made of the rc-assembling 

of the wheel assembly on die aircraft. 

9, Prior to the June 1 flight the re-assembling of the wheel assembly on 

the aircraft was not approved for return to service by an authorized 

person. 

10. Empire Flight Academy thereby operated the aircraft on June 1,2010 

when the aircraft was noi in an airworthy condition. 

m 

By reason of the foregoing fads and circumstances, Respondent violated the 

following section(s) of the Federal Aviation Regulations; 

a- Section 91.405(b), which states that each owner or operator of an 

aircraft shall ensure ihat maintenance personnel make appropriate 

entries in the aircTaft maintenance records indicating the aircraft has 

been approved for return to service. 
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b. Secnon 91.407(a)(1), which states that no person may operate an 

aircraft thai has undergone maintenance, preventive maintenance, 

rebuilding, or alteraiion unless it has been approved for return to 

service by a person authorized under Section 43.7 of the Federal 

Aviation Regulations. 

c. Section 91.407(a)(2), which states ihat no person may operate an 

aircraft that has undergone maintenance, prevcniive maintenance, 

rebuilding, or alteraiion unless the maintenance record entry required 

by Sections 43.9 or 43.11, as applicable, of the Federal Aviation 

Regulations has been made. 

IV 

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

to exceed $25,000 for each of the violalions alleged, or, for a smaU business concern, 

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

exceed $ 11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of 515,300 is 

appropriate. 
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WHEREFORF-, the FAA, by counsel, respecttully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of $15,300. 

Respectfully submined, 

Alfred R, Johnson, Jr. 

Regional Counsel 

iM4 

NJ, Bennan 

By: %^i/^\r^\^'^ 

Zachary 

Attorney 

Federal Aviation Administration 

1 Aviation 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, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent mast file a written 

answer to this Complaint, or a written Motion to Dismiss if appropriate, not 

later than 30 days after the date shown on the Certificate of Service. A general 

denial is deemed a failure to file an answer (Section 13.209(e))-
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been placed this date in die United 

States mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed 

as follows: 

Gregory S. Wimon 

Aviation Law Experts , LLC 

One Research Court, Suite 450 

RockvillcMD 20850 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Acm; Elearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

-IF FILING BY FEDERAL EXPRESS 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building - Room 2014 

Washingtoa DC 20591 

Ann: Hearing Docket Clerk, AGC-430 

APR - 8 2011 

Date: C 

aryanne Mignonc 

Legal Technician 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFHCE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Empire Fhght Academy 

2009EA110074 

Judge Not Assigned 

NOTICE OF APPEARANCE 

Complainant, Federal Aviation Administration, hereby notifies the United Stales 

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 attorney 

listed below. All communications, notices, pleadings, or documents are respectfully 

requested to be forwarded as follows:: 

Zachary M. Berman 

Federal Aviation Adminislraiion 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

l^s[/ By: OjW^yvtNllA^i^^ Dated:. 

Zachary M. Bennan 

Auomey ^^C^iv.^C ^ V C i 
04/20/2011 14:47 FAX 2024935142 FAA ^ DMS 010/010 

CERTIHCATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Notice of Appearance were placed 

in the United States mail, postage prepaid. Certified Mail - Return Receipt Requested 

addressed as follows: 

Gregory S. Winton 

Aviation Law Experts , IXC 

One Research Court, Suite 450 

Rockvillc, MD 20850 

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 BY FEDERAL EXPRESS 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building - Room 2014 

Washington, DC 20591 

Atm: Hearing Docket Clerk, AGC^30 

Date: 

APn - 3 201! 

faryanne Mignonc 

xgal Technician 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434