DEPARTMENT OF 

'3iNS^0RTATI0N U.S. Department Eastern Region 1 Aviation Plaza-y ,.^n^•'^/Tl/Mlc 

of Transportation Regional Counsel Jamaica, NY •"] l'43'4'''^^'"^' •'^' •^' 

Telephone: 718 553-3268 

Federal Aviation Facsimile: 718 995-5699 ?ni| ^pp j ^^ p 2- 28 

Administration 

RECEiVE 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, S.W. CCR O ';"' 

Washington, D.C. 20591 ^"' '" ^^ SEP - 5 2011 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 HEARIN G DOCKE T 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter ot Air Ambulance by Air Trek, Inc. / 

Docket No. 2009EA030037 I FD/V^S QUK-\^^' ^ 

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

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

proof of ser\'ice upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Pittsburgh, PA area, 

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

Please address all communications for the Federal Aviation Administration to the 

attention of Stephen W. Brice, Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely. 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: S£:7,jTg-^ 

Stephen W. Brice 

Attorney 

Enclosures 

cc: AEA230(a)/FSDO EA-03 
5^P 

( : • 

\ \ 

U. S. DEPARTMENT OF TRANSPORTATION 

. OFFICE OF HEARINGS 

WASHINGTON, D.C 

/•• A 

'.- ' • 

. / 

IN THE MATTER OF 

AIR AMBULANCE BY AIR TRE 

Respondent 

:, INC. 

FAA DOCKET NO. 2009EA03il037. 

(Civil Penalty Proceeding) 

DMS NO. FAARECEIVED-AEA-007 

AUG 2 1 'M 

U9 

EIS 

CRTS 

ADMINISTRATIVE LAW JUDGE 

NOT YET ASSIGNED 

Hearing Date: NOT YET ASSIGNED 

Hearing Location: NOT YET ASIGNED 

REQUEST FOR HEARING PURSUANT TO 14 C.F.R. S 13.16 

COMES NOW, Respondent, Air Ambulance by Air Trek, Inc., by and through 

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

allegations raised in the Complainant's Final Notice of Proposed Civil Penalty dated August 11, 

2011, which proposes to assess a civil penalty intheamount of $38,500.00. 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 Washington, D.C. A hearing is expected to 

last two (2) full days. 
CERTIFICATE OF SERVICE 

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

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

Artenlion: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2014 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

And, fiirther, that I have this date ser\'ed by regular U.S. mail, postage prepaid, a copy of the 

foregoing Request for Hearing addressed to: 

Stephen W. Brice, Esq. 

FAA Eastern Region, AEA-7' 

1 Aviation Plaza, Room 561 

Jamaica, NY 11434 

Tel: 718 553-3268 

Fax:718 533-5699 

Dated: August 16,2011 

Respectfully ^bmitted, 

Gregory Sr^inton, Esq. 

ThC/^K'iation Law Firm 

OnTResearch Court, Suite 450 

Rockville, MD 20850 

Tel: (301) 294-8550 

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

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C 

In the Matter of Air Ambulance by Air Trek, Inc. 

2009EA030037 

Judge Not Assigned 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as 

follows: 

Respondent, Air Ambulance by Air Trek, Inc., was advised through a Final Notice 

of Proposed Civii Penalty that the FAA proposed to assess a civil penalty in the 

amount of $38,500. On August 16, 2011, Respondent submitted a written demand 

for a hearing. 

II 

1. Air Ambulance by Air Trek, Inc. is the registered owner and operator of 

Cessna Citation Model 550 aircraft, identification number N744AT. 

2. At all times pertinent hereto, Air Ambulance by Air Trek, Inc. was the 

person responsible for ensuring the proper maintenance of aircral\ N744AT 

in accordance with the Federal Aviation Regulations (14 CFR). 

3. Aircraft N744AT is a transport categoiy aiq)lane certitlcated pursuant to 

Part 25 of llic Federal Aviation Regulations (14 CFR). 
4. In or about Februaiy 2009, aviation safety personnel from the Allegheny 

Flight Standards District Office performed an inspection of aircraft 

N744AT at Washington Count)' Airport, Washington, Pennsylvania, to 

ensure its conft)rmity for inclusion (hereinafter, "the confbmiity 

inspection") on the operations specifications of a Part 135 operator, Aero 

National, Inc. 

5. At the time of the conformity inspection, aircraft N744AT presented the 

following conditions: 

a. Installation of aluminum carpet trim labeled with hardware store bar 

codes; 

b. No documentation showing periodic inspections and function testing 

of the Ameri-King AK-450 emergency locator transmitter ("ELT"); 

c. Cracked seat tracks that were also missing seat stops and exhibiting 

elongated holes; and 

d. Installation of a Garmin GNS-530 Wide Area Augmentation System 

(WAAS) upgrade pursuant to Supplemental Type Certificate (STC) 

SAOI933LA. 

6. At the time of the conformity inspection, the aircraft records for N744AT 

contained no approved data to substantiate the aviation application of (he 

aluminum carpet trim installed in aircraft N744AT labeled with hardware 

store bar codes that was observed in or about February 2009. 

7. The aluminum carpet trim installed in aircraft N744AT labeled with 

hardware store bar codes that was obser\'ed in or about Februar)' 2009 was 

installed prior to Februaiy 11, 2009. 

8. At the time of the conformity inspection, the aircraft records for N744AT 

contained no certificate of conformity to ensure that the aluminum carpet 

trim installed in aircraft N744AT labeled with hardware store bar codes that 

was observed in or about Februaiy 2009 was eligible for installation in the 

aircraft. 

9. The installation of the aluminum carpet trim in aircraft N744AT labeled 

with hardware store bar codes that was observed in or about February 2009 

rendered aircraft N744AT unainvorthy. 
10. At all times pertinent hereto, an Ameri-King AK-4S0 ELT was installed in 

aircraft N744AT. 

11. The instructions for continued airworthiness for the Ameri-King AK-4S0 

ELT require periodic inspections and tests to include a Transmitter 

Functional Test of the ELT system ever)' 3 months as per section 3.3 of the 

Ameri-King AK-4S0 ELT Emergency Locator Installation & Operation 

Manual. 

12. At the time of the conformity inspection, the maintenance records for 

. aircraft N744AT did not show compliance with the instructions for 

continued airworthiness for the Ameri-King AK-4S0 ELT with regard to 

the periodic inspection and testing of the ELT to include a Transmitter 

Functional Test of the ELT system ever)' 3 months. 

13. The condition of the cracked seat tracks with missing seat stops and 

elongated holes that were discovered in aircraft N744AT during the 

conformity inspection in or about Februaiy 2009 rendered the aircraft 

unairworthy. 

14. Upon information and belief, the cracked seat tracks with missing scat stops 

and elongated holes that were discovered in aircraft N744AT during the 

conformity inspection in or about February 2009 were and remained in a 

similarly unairworthy condition as of at least October 2008. 

15. On or about May 5, 2008, Nebo Aviation Services of Punta Gorda, Florida, 

installed a Garmin GNS-530 Wide Area Augmcnlation System (WAAS) 

upgrade in aircraft N744AT at the direction of or with the permission of Air 

Ambulance by Air Trek. 

16.The Garmin GNS-530 WAAS is a Garmin 500W series GPS-WAAS 

navigation system. 

1 7. The WAAS upgrade described above was installed based on Supplemental 

Type Certificate (STC) SAO I933LA. 

18. Air Ambulance by Air Trek altered aircraft N744AT by having Nebo 

Aviation Services install the Gamiin GNS-530 WAAS upgrade based on 

STC SAO 1933LA as described in the preceding paragraph. 
19. The approved model list for STC SA01933LA does not include the Cessna 

Citation Model 550 among the aircraft for which installation of the Gamiin 

Model400W or 500W series GPS-WAAS navigation system is approved. 

20. The installation of the Gamiin 530 WAAS upgrade in aircraft N744ATas 

described above rendered the aircraft unairworthy. 

21. Garmin AT, Inc. is the exclusive holder of STC SAO 1933LA. 

22. At all times pertinent hereto, Air Ambulance by Air Trek did not have 

written permission from Gannin AT, Inc. to utilize STC SAO I933LA for 

installing the WAAS upgrade in aircraft N744AT. 

23. Air Ambulance by Air Trek operated, caused to be operated, or authorized 

the operationbf aircraft N744AT on the following fiights since October 

2008 up to the time of the conformity inspection described above: 

a. On or about October 24, 2008, from Punta Gorda, Florida, to 

Raleigh-Durham, North Carolina; 

b. On or about October 24, 2008, from Ralcigh-Durhnm, North 

Carolina, to Punta Gorda, Florida; 

c. On an unknown date prior to December 17, 2008, from an unknown 

point of origin to Boca Raton, Florida; 

d. On or about December 17, 2008, from Boca Raton, Florida, to Punta 

Gorda, Florida; and 

e. On or about Februarv 11. 2009. from Punta Gorda, Florida, to 

Washington, Pennsylvania. 

If 

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

following section(s) of the Federal Aviation Regulations: 
a. Section 91.403(b), which states that no person may perform 

maintenance, preventive maintenance, or alterations on an aircraft 

other than as prescribed in this subpart and other applicable 

regulations, including part 43 of this chapter. 

b. Section 9L403(c), which states that no person may operate an aircraft 

for which a manufacturer's maintenance manual or instructions for 

continued airworthiness has been issued that contains an airworthiness 

limitations section unless the mandatory replacement times, inspection 

inler\'als, and related procedures specified in that section or alternative 

inspection inter\'als and related procedures set forth in an operations 

specifications approved by the Administrator under part 121, 127 or 

135 of the Federal Aviation Regulations or in accordance with an 

inspection prograjii approved under §91.409(e) have been complied 

with. 

c. Section 91.403(d), which states that a person may not alter an aircraft 

based on a supplemental type certificate unless the owner or operator 
of the the aircraft is the holder of the supplemental certificate, or has 

written pemiission from the holder. 

d. Section 91.7(a), which states that no person may operate a civil aircraft 

unless it is in an airworthy condition. 

IV 

L 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 violations alleged, or, for a small business concern, 

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

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

2. Under \he lads and circumstances of this case, a civil pcjialty of $38,500 is 

appropriate. 
WHEREFORE, the FAA, by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalt}' 

in the amount of $38,500. 

Respectfully submitted, 

Alfred R. Jolmson, Jr. 

Regional Counsel 

Stephen W. Brice 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3268 

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 must 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)). 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been placed this date with Federal 

Express for overnight delivery (next business day) to the following addresses: 

Gregory S. Winton, Esq. 

The Aviation Law Finn 

One Research Court, Suite 450 

Rockville, 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 

Attn: Hearing Docket Clerk, AGC-430 

Date: >^ J . '2. ^c^/f 

Stephen W. Brice, Attorney 

Office of Regional Counsel 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Air Ambulance by Air Trek, Inc. 

2009EA030037 

Judce Not Assigned 

NOTICE OF APPEARANCE 

Complainant, Federal Aviation Administration, hereby notifies the United States 

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 conununications, notices, pleadings or documents arc respectfully 

requested to be fonvarded as follows: 

Stephen W. Brice 

Federal Aviation Administration 

Office of Regional Counsel 

I Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3268 

Facsimile: 718 995-5699 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: ^&^:^'^Qr -

Stephen W. Brice 

Attorney 

. /^^^ ^ Dated: W^^ ^ ^/ J:^/^ 
CERTIFICATE OF SERVICE 

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

placed wMth Federal Express for overnight deliver)' (next business day) to the 

following addresses: 

Gregoiy S. Winton, Esq. 

The Aviation Law Firm 

One Research Court, Suite 450 

Rockville, 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 Aviafion Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building- Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Date: Q y , z^ ^c^(( 

Stephen W. Brice, Attorney 

Office of Regional Counsel 

Federal Aviation Adtninistration 

1 Aviation Plaza 

Jamaica, NY 11434