10/17/2011 18:15 FAX 2024335U2 FAA - OMS glOOl/009 

& 

U.S. Department 

of Transportalicin 

Federal Aviattoo 

Eastern Region 

Regional Counsel 

Telephone; 718 553-3258 

Facsimile: 718 995-5699 

r^r r • riT 

1 Aviation Plaza .;7 

Jamaica. NY 11434 A 

CERTIFTKD MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn; Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

ATTN: HEARING DOCKET CLERK 

m Or 

lATiON 

H G A -!• OS 

Re: In the Matter of Fleet Aviation, LLC 

Docket No. 20IOEA110021 

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 the Respondent, 

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

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

Please address all coiTimunications for the Federal Aviation Administration to the 

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

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Zachary M'. Bprman 

Attorney 

Enclosures 

cc: -230(a)/230(b)/^-FSDO 
10/17/201 1 IG 15 FAX 2021835142 

/Ifl/liOl l 15:0 0 FAI 3012941'S2Fi 

FAA 

AvlaLion Law ExpGr-t.s 

- DMS 12)002/009 

©OOOl.OOOJ 

DECEIVED - AEA407 

SEP 2 0 2011 

ITS ^ 

r.RTS _ ^ 

U- S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

"WASHINGTON, DC. 

IN THE MATTER OF 

FLEET AVIATION, LLC 

Respondent 

FAA DOCKET NO. 2010EA110021 

(Civil Penalty Proceeding) 

DMS NO. FAAADMINISTRATIV E LAW JUDGE 

NOT YET ASSIGNED 

Hearing Dale: NOT YET ASSIGNED 

Hearing Location: NOT YET A SIGNED 

REOUEST FORBEARING PURSUANT TO 14 C.F.R, S 1316 

COMES NOW, Respondent, Fleet Aviation, LLC; by and through undersigned counsel 

pursuant to 14 CF.IC § 13.16, and hereby requests a hearing concerning ihe allegations raised in 

the Complainant's Final Notice ofProposed Civil Penalty dated September 15, 2011, which 

proposes to assess a civil penalty in the amount of $50,000.00. 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 New York, N.Y, A hearing is expected to 

last two (2) fijll days. 
10/17/2011 1G:1G FAX 2024935112 

09/19/2011 15:00 FAX 30l2942Sii5 

FAA 

AvlaLion Lev Experts 

- DMS 0)003/009 

[2l 0002/0003 

Dated: September 19, 20111 

Respcctfuljy^>romitied, 

SySTWinton, Esq. 

The Aviation Law Firm 

OneVR«search Court, Suite 450 

Rockvilie, MD 20850 

Tel: (301) 294-8550 

Fax: (301)294-2525 
10/17/201 1 IB: IB FAX 

()H/i')/:;uij . ]ri:0 0 FAX 

2021935112 

.HOI2942525 

FAA 

Aviatio n I.a^ L:,x.pcrts 

- 0(.1S 01001/009 

g] 0003/000 3 

CERTIFICATE OF SERVICE 

1 heieby certify that 1 have this dale served by regular U.S. mail, postage prepaid, an original and 

one (1) copy of the foregomg Request for Heating addressed to: 

Anention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2014 

Federal Aviation Administration 

$00 Independence Avenue, S.W. 

Washington, D.C. 20591 

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

foregoing Request for Hearing addressed to: 

Zachary M. Bernian, Esq. 

FAA Easiem Region, AEA- 7 

1 Aviation Plaza, Room 56] 

Jamaica, NY 11434 

Tel: 718 553-3258 

Fax:718 533-5699 

Dated: September 19,2011 

Respec^,rny 

/ / 

;submitted, 

1 

/ 

QezpgoryM. Winton, Esq. 

Tfie Ayiatipti Law Firm 

>^n e ffes^ch Court, Suite 450 

RockviUc, MD 20850 

Tel: (301) 294-8550 

Fax; (301) 294-2525 
10/17/201 1 181 6 FAX 2021935112 FAA - QMS 01005/00 9 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Fleet Aviation, LLC 

2010EA110021 

Judge Not Assigned 

COMPLAINT 

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

pursuant to Rule 20S of the Rules of Practice (14 C.F.R. 13.208), and states as 

follows; 

I 

Respondent, Fleet Aviation, LLC, was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 

S50.000. On September 19, 2011, Respondent submitted a written demand for a 

hearing. 

II 

1. Fleet Aviation, LLC (Fleet Aviation) is the holder of Part 135 Air 

Carrier on Demand Cenificate No. Y7EA399L. 
10/17/201 1 1G:16 FAX 2021935112 FAA . DMS 0006/009 

2. At all times relevant herein. Fleet Aviation had a required training 

program in place for its Part 135 operations (hereinafter "the training 

program''). 

3. At all time relevant herein, the training program required 

crewmembers to have received emergency drill (actual hands-on) 

training during new-hiie training and thereafter every 24 months. 

4- During the period from June 15, 2009 through March 19. 2010 or 

thereabouts. Fleet Aviation operated a Cirrus SR22 aircraft, 

identification number N223MR, on approximately one hundred and 

forty two (142) Part 135 flights. 

5. During the period from July 28, 2008 through November 20, 2009 or 

thereabouts. Fleet Aviation operated a PA-34-220T aircraft, 

identification number N711WC, on approximately one hundred and 

mnc(l09) Part 135 flights. 

6. At the time of each of the above-referenced flights, the pilot-incommand of the flight had not received the hands-on emergency drill 

training required by the training program. 

7. Fleet Aviation thereby operated the N223MR aircraft and the 

N7IIWC aircraft in Part 135 operations when the crewmembers of 

those operations had not performed at least the following emergency 

drills: (I) Ditching, if applicable. (2) Emergency evacuation. (3) Fire 

extinguishing and smoke control. (4) Operation and use of emergency 

exits, including deployment and use of evacmtion chutes, if 

applicable. (5) Use of crew and passenger oxygen. (6) Removal of life 

rafts from the aircraft, inflation of the life rafts, use of life lines, and 

boarding of passengers and crew, if applicable. (7) Donning and 

inflation of life vests and the use of other individual flotation devices, 

if applicable. 

m 

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

following section(s) of the Federal Aviation Regulations: 
10/17/201 1 1G:1BFAX 2024935112 FAA -DM S 0)007/00 9 

a. Section 135.323(a)(1), which states that each certificate holder 

required to have a training program under § 135.341 shall establish 

and implement a training program that satisfies the requirements of 

this subpart and that ensures that each crewmember, aircraft 

dispatcher, flight instructor and check airman is adequately U-ained to 

perform his or her assigned duties. Prior to implementation, the 

certificate holder must obtain initial and final FAA approval of the 

training program. 

b. Section 135.331(c). which states that each crewmember must perform at 

least the following emergency drills, using the proper emergency 

equipment and procedures, unless the Administrator fmds that, for a 

particular drill, the crewmember can be adequately trained by 

demonstration: (1) Ditching, if applicable. (2) Emergency evacuation. (3) 

Fire extinguishing and smoke control. (4) Operation and use of emergency 

exits, including deployment and use of evacuation chutes, if applicable, 

(5) Use of crew and passenger oxygen. (6) Removal of life rafts from the 

aircraft, inflation of the life rafts, use of life lines, and boarding of 

passengers and crew, if appticable. (7) Doiming and inflation of life vests 

and the use of other individual flotation devices, if applicable. 
10/17/201 1 16:17 FAX 2024935112 FAA -QM S 0)008/00 9 

IV 

1. Pursuant to 49 U.S.C §4630l(a)(lX 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 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 $50,000 

is appropriate. 

WHEREFORE, the FAA^ by counsel, rcspectftilly requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount 

of 550,000. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

y 

By: 

Zachary M. Bbrnian 

Attorney 

Federal Aviation Admirustration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 
0/17/201 1 1G1 7 FAX 202193511 2 FAA -OM S 0]OO9/OO9 

NOTE: 

The Rules of Practice for this proceeding ar e 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 Uter than 30 days 

after the date shown on the Certificate of Sendee. A general denial is deemed a failure 

to file an answer (Section 13.209(e)). 

CERTIFICATE OF SERVICE 

1 hereby certify ihat the foregoing Complaint has been placid this dale in the United States 

mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed as follows: 

Gregory S. Winton 

Aviation Law E.xperts , LLC 

One Research Court, Suite 450 

Rockvilie, MD 20850 

Federal Aviation Administraiion (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Atm: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

-IF FILING BV FEDERAL EXPRESS 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building-Room 2014 ' 

Washington, DC 20591 

Atui: Hearing Docket Clerk. AGC-130 

SEP 2 3 2011 Date: x^l/y x ^JU,^ ^ 

laiyann Mignone 

:egal Technician 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434