U.S.Department SouthwestRegion 

## DEPTOF**TRrNSPORT!\M~**ofRegionalCounsel ofTransportation Arkansas,Louisiana, r{[l(f.:r::' SouthwestRegion NewMexico,Oklahoma ,.',,;"...•} 2601MeachamBoulevard FederalAviation Texas FortWorth,TX76137 Administration January 8, 2010 CERTIFIED MAIL

- RETURN RECEIPT REQUESTED Federal AviationAdministration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building

- Suite 2W1000 In the Matter of Central Flying Service, Inc. Docket No. CP 

# 10:$u.)

## ObOI t:: 

## h FAA EIR No. 2009SWll00ll,:Af\

### :,t6/t~()()" Dear Sir or Madam: Enclosed are the original and one copy of theAMENDED COMPLAINT in the above-referencedproceeding. I respectfullyrequest that thehearingnotbe scheduledbetweenMarch 30, 2010, andApril 20, 2010, because I**must~avel** overseas for essential family matters. Sincerely, LYNETTE WORD Regional Counsel Southwest Region

___**-?~fJ~~~~~~** By: $ Williams, Esq.**~S** y Enforcement Bran Federal AviationAdministration Southwest Region Fort Worth, Texas 76193-0007 Telephone: 817-222-5081 Facsimile: 817-222-5092 stellamaris.williams@faa.gov 

# ErVED JAN

# 15

# 2.**HEAf~5NG**

# DOCKET

### 5 CERTIFICATE OF SERVICE I hereby certifythat an original and a copy of the foregoingAMENDED COMPLAINT, have beenmailedthis date byCertifiedMail, Return Receipt Requested, to: Hearing Docket Federal AviationAdministration 800 IndependenceAvenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building

- Suite 2W1000 And a copy of theAMENDED COMPLAINT has beenmailedby the same means tQ: Central Flying Service, Inc. Attention: RichardN. Holbert, President 1501 Bond Street AR 72202 501-375-3245 50 -375-7274

ProgramAna Office of the Regional Counsel Federal AviationAdministration Southwest Region Fort Worth, Texas 76193-0007

Date: 

# /-7-/0

5

## ..JAN

## 15

# 2011 U.S.DEPARTMENT OF TRANSPORTATION 

# HEARINGDOCKET

FEDERAL AVIATION ADMINISTRATION * * * * * 

## * * * * * * * * * * * * * * * * * 	 * 

### * In theMatter of: 

### * Central Flying Services, Inc. 

## * FAA Case No. 2009SWI10011 

### * Docket No. 

## * Judge Not Assigned 

### * * * * * * * * * * * * * * * * * * * * * * * * COMPLAINT The Complainant files its Complaint, under Rule 208 of the Rules of Practice (14 C.F.R. § 13.208), and states the following: I. On August 18, 2009, Respondent, Central Flying Services, Inc., was advised through a Notice of Proposed Civil Penalty, and on November 18, 2009, through a Final Notice of ProposedCivil Penalty, that the FAA proposed to assess a civil penaltyin the amount of $33,000. Respondent's request for a hearing was receivedon November 23, 2009. II. 1. At all times pertinent herein, Central Flying Service, Inc., held AirAgency Certificate No. HBKA587E, authorizing it to operate as an Air Carrierunder Part 135 of the Federal Aviation Regulations (FAR)

. 2. Central Flying Service, Inc., has been issuedan ApprovedAircraft Inspection Program (AAIP). 3. At all times pertinent herein, Central Flying Service Inc., operated

a Learjet Model 35A, civil aircraft N35SA, Serial Number 326, the property of another. 4. At all times pertinent herein, the Operations Specifications, Paragraph D073, 

### issued to Central Flying Services, Inc., authorized

### 3 Central Flying Services, Inc., to maintain civil aircraft N35SA in accordance with the AAIP issuedAugust 28, 2008. 5. Central Flying Services, Inc.'s AAIP requires that lead acid batteries be serviced at three (3) calendarmonths after the last service of the batteries. 6. The Concord lead acidbatteries installed on N35SA were serviced on October 3, 2008, and the next service was due on orbefore January 31, 2009. 7. The Concord lead acidbatteries of N35SA were not servicedon or before the due date of January 31, 2009, and instead, they were serviced on February 26, 2009. 8. Central Flying Services, Inc.'s AAIP requires inspection of the NiCad emergency power supplybatteries at three (3) calendarmonths after the last inspection. 9. The NiCad emergencypower supplybatteries were inspected on October 3, 2008, and the next inspection was due on or before January 31, 2009. 10. The NiCad emergency power supply batteries were not inspected on or before the due date of January 31, 2009, and instead, they were inspected on February 26, 2009. 11. Between February 5, 2009, and February 22, 2009, Central Flying Services, Inc., operated N35SA on approximately ten (10) revenue flights. 12. At the time of the revenue flights notedaboVe, the Concord lead acidbatteries ofN35SAhad notbeen serviced and theNiCad emergencypower supplyhadnotbeen inspected, as required

### by Central Flying Service's AAIP and its operations specifications.



### 3

### 4 By reason of the foregoing facts and circumstances, Central Flying Service, Inc., has violated the following section of the Federal Aviation Regulations:

a. Section 119.5(1), which states that no person may operate an aircraft under this part, part 121 of this chapter, or part 135 of this chapter in violation of an air carrier operating certificate, operating certificate, or appropriate operations specifications issued under this part; and b. Section 135.419(g), which states that each certificate holder who has an approved aircraft inspection program shall have each aircraft that is subject to the program inspected in accordance with the program. III. 1. Under 49 U.S.C. § 46301, Respondent, Central Flying Services, Inc., is subject to a civil penalty of $11,000 for each of the violations alleged. 2. Under the facts and circumstances of this case, a civil penalty of $33,000 is appropriate. Complainant respectfully requests that the administrative law judge enter an order that Respondent, Central Flying Service, Inc., be assessed

a civil penalty in the amount of $33,000. Submitted this 8TH day of January 2010.

LYNETTE WORD Regional Counsel Southwest Regio

tellamaris Willi Safety Enforcem nt Branch Federal Aviation Administration Southwest Region Fort Worth, Texas 76193-0007 Telephone: 817-222-5081 Facsimile: 817-222-5092 stellamaris.williams@faa.gov 

## 4" 

# . U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION * * * 	* * * * * * * * * * * * * * * * * * * * 

### * In theMatter of: 

### * Central Flying Services, Inc. FAA Ca'se No. 2009SWllOOll 

### * Docket No. 

## * JudgeNot Assigned 

### * * * * * * * * * * * * * * * * * * * * * * * * * COMPLAINT The Complainant files its Complaint, under Rule 208 of the Rules of Practice (14 C.F.R. § 13.208), and states the following: I. On August 18, 2009, Respondent, Central Flying Services, Inc., was advised through a Notice of Proposed 

### Civil Penalty, and on November 18, 2009, through a Final Notice of ProposedCivil Penalty, that the FAA proposed to assess a civil penalty in the amount of $33,000. Respondent's request for a hearing was received on November 23, 2009. II. 1. At all times pertinent herein, Central Flying Service, Inc., held Air AgencyCertificate No. HBKA587E, authorizing it to operate as an Air Carrierunder Part 135 of the Federal Aviation Regulations (FAR)

. 2. Central Flying Service, Inc., has been issued an ApprovedAircraft Inspection Program (AAIP). 3. At all times pertinent herein, Central Flying Service Inc., operated

a Learjet Model 35A, civil aircraft N35SA, Serial Number 326, the property of another. 4. At all times pertinent herein, the Operations Specifications, Paragraph 0073, issued to Central Flying Services, Inc., authorized

### 3 

## •

"

# .

.Central Flying Services, Inc., to maintain civil aircraft N35SA in accordance with the AAIP issued August 28, 2008. 5. Central Flying Services, Inc.'s AAIP requires that lead acid batteries be'serviced at three (3i calendar months after the last service of the batteries. 6. The Concord lead acid batteries installed on N35SA were serviced on October 3, 2008, and the next service was due on or before January 31, 2009. 7. The Concord lead acid batteries of N35SA were not servioed on or before the due date of January 31, 2009, and instead, they were serviced on February 26, 2009. 

### B. Central Flying Services, Inc.'s AAIP requires inspection of the NiCad emergency power supply batteries at three (3) calendar months after the last inspection. 9. The NiCad emergency power supply batteries were inspected on October 3, 2008, and the next inspection was due on or before January 31, 2009. 10. The NiCad emergency power supplybatteries were not inspeotedon or before the due date of January 31, 2009, and instead, they were inspected on February 26, 2009. 11. Between February 5, 2009, and February 22, 2009, Central Flying Services, Inc., operated N35SA on approximately ten (10) revenue flights. 12. At the time of the revenue flights noted above, the Conoord lead aoidbatteries ofN35SAhadnotbeen servioed and the NiCad emergencypower supplyhad notbeen inspeoted, as required

## hx Central Flying Servioe's AAIP andits operations speoifications.



### 3**--------------~** 4 

### By reason of the foregoing facts and circumstances, Central Flying Service, Inc., has violated the following section of the Federal Aviation Regulations:

a. Section 119.5(1), which states that no personmay operate an aircraft under this part, part 121 ofthis chapter, orpart 135 of this chapter inviolation of an air carrier operating certificate, operating certificate, or appropriate operations specifications issued under this part; and b. Section 135.419(g), which states that each certificateholderwho has an approved aircraft inspectionprogram shall have each aircraft that is subject to the program inspected in accordance with the program. III. 

### 1. Under 49 U.S.C. § 

### 46301, Respondent, Central Flying Services, Inc., is subject to a civilpenalty of $11,000 for each of the violations alleged. 2. Under the facts and circumstances of this case, a civilpenalty of $33,000 is appropriate. Complainant respectfully requests that the administrative lawjudge enter an order that Respondent, Central Flying Service, Inc., be assessed

a civilpenaltyin the amount of $33,000. Submitted this 8TH 

### day of January 2010.

LYNETTE WORD Regional Counsel Southwest Regio

, Esq. Safety Enforcemnt Branch Federal AviationAdministration Southwest Region FortWorth, Texas 76193-0007 Telephone: 817-222-5081 Facsimile: 817-222-5092 stellamaris.williams@faa.gov 

### 4