U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

1 Aviation Plaza 

Jamaica, NY 11434 

RECEIVED 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED DEC 3 0 2013 

Federal Aviation Administration HEARING DOCKET 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

Ft>MS# 

FAA- 2013- O'iltf? 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter of Wings Air, LLC, 2012EA110052 

Enclosed herein please fmd a 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 that the hearing will last two (2) days. 

Please address all communications for the Federal Aviation Administration to the 

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

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Attorney 
11:49 FAX 3012942525 Aviation Law Experts 

The Aviation Law Firm 

December 19,2013 

VIA FEDERAL EXPRESS 

Federal Aviation Administration 

One Research Court 

Suite450 

Rockville, MD 20850 

1-877-4-AlR-LAW · 301·294-8550 

866-568-9886 fax 

301-294-2525 fax 

www.AviationLawExoerts.com 

Attention: Hearing Docket Clerk, AGC-430 

600 Independence Avenue, S.W. 

Wilbur Wright Building--Suite 2Wl 000 

Washington, DC 20591 

Re: Wings Air, LLC, FAA Docket No. 2012EAJ10052 

Dear Hearing Docket Clerk: 

1410001/0005 

Gregory s. Winton, Esq. 

Admitted in MD, NY, PA CT 

and D.C. 

Jared' MAllen, Esq.· 

"Admitted in FL and D.C. Only 

Please be advised that this office represents Wings Air, LLC, regarding the Administrator's Final Notice of 

Proposed Civil Penalty issued in the above referenced matter on December 5, 2013, a copy of which is attached 

hereto. 

This letter will serve as a request by Wings Air, LLC, for a hearing in accordance with Subpart G of Part 13 of the 

Federal Aviation Regulations, with the understanding that a Complaint will be filed by the Administrator. Wings 

Air, LLC, requests that a hearing be held in New York, New York. It is anticipated that a hearing will take two (2) 

full days. 

Enclosed please find a copy of this request for hearing. Kindly file stamp the copy and return it to this office in the 

enclosed self-addressed, stamped envelope. 

A copy of the foregoing has been sent to FAA Attorney Zachary Berman. Thank you for your prompt attention to 

this matter. 

Sincerely, 

~/1kf!J (/Jared M. Allen 

Enclosure 

cc: Wings Air, LLC 

Zachary Berman, FAA AEA-7 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Wings Air, LLC 

2012EA110052 

Judge Not Assigned 

COMPLAINT 

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

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

follows: 

I 

Respondent, Wings Air, LLC, was advised through a Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of $22,000. 

On December 19, 2013, Respondent submitted a written demand for a hearing. 

II 

1. At all times relevant herein, Wings Air, LLC, was the holder of 

Air Carrier on Demand Certificate No. WIZA367L. 

2. At all times relevant herein, Wings Air, LLC, maintained and 

operated a SNIAS AS350BA helicopter, identification number 

N2 7W A (hereinafter "the aircraft"). 

3. On or about April 28, 2012, Wings Air, LLC, operated the 

aircraft on a commercial air tour in New York, NY, with the 

aircraft landing at Wall Street Heliport, NY (JRB) (hereinafter 

"Flight "1 ). 

2 
4. During Flight #1, the aircraft sustained significant damage to 

the nose shell of the aircraft as a result of a bird strike. 

5. Specifically, the bird penetrated the canopy nose skin, making 

a hole of approximately 9.5 by 7.0 inches through the 

composite structure. 

6. As a result of the damage to the aircraft as described in 

Paragraph (5), above (hereinafter "the damage"), the aircraft 

was in an unairworthy condition. 

7. As a result of the damage, the aircraft was m an unsafe 

condition. 

8. Subsequently on April 28, 2012, Wings Air, LLC operated the 

aircraft on a flight from JRB to Westchester County Airport, 

NY (HPN) (hereinafter "Flight #2). 

9. Between Flight #1 and Flight #2, Wings Air, LLC, failed to 

properly inspect the aircraft. 

10. Between Flight #1 and Flight #2, Wings Air, LLC, failed to 

properly repair the damage. 

11. Specifically, Wings Air, LLC, covered the hole with tape, but 

this was insufficient to repair the damage. 

12. Wings Air, LLC, failed to ensure that a log entry was made of 

the maintenance described in Paragraph (11), above. 

13. Between Flight #1 and Flight #2, Wings Air, LLC released the 

aircraft for return to service when the aircraft was m an 

unairworthy condition for the reasons described above. 

14. Wings Air, LLC, thus performed maintenance, alteration, or 

preventive maintenance on an aircraft, engine, propeller, or 

appliance, and failed to use the methods, techniques, and 

practices prescribed in the current manufacturer's maintenance 

manual or Instructions for Continued Airworthiness prepared 

by its manufacturer, or other methods, techniques, and practices 

acceptable to the Administrator. 

3 
III 

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

following sections of the Federal Aviation Regulations: 

a. Section 43.5(a)(l), which states that no person may approve for 

return to service any aircraft, airframe, aircraft engine, propeller, 

or appliance, that has undergone maintenance, preventive 

maintenance, rebuilding or alteration unless the maintenance 

record entry required §43.9 or §43.11, as appropriate, has been 

made. 

b. Section 43.9(a), which states that each person who maintains, 

performs preventive maintenance, rebuilds or alters an aircraft, 

airframe, aircraft engine, propeller, appliance, or component part 

shall make an entry in the maintenance record of that equipment 

containing the following information: (1) A description (or 

reference to data acceptable to the Administrator) of work 

performed. (2) The date of completion of the work performed. 

(3) The name of the person performing the work if other than 

the person specified in paragraph a( 4) ofthis section. 

c. Section 43.13(a), which states that each person performing 

maintenance, alteration, or preventive maintenance on an 

aircraft, engine, propeller, or appliance, shall use the methods, 

techniques, and practices prescribed in the current 

manufacturer's maintenance manual or Instructions for 

Continued Airworthiness prepared by its manufacturer, or other 

methods, techniques, and practices acceptable to the 

Administrator. 

d. Section 91.405(b), which states that each owner or operator of 

an aircraft shall ensure that maintenance personnel make 

appropriate entries in the aircraft maintenance records indicating 

the aircraft has been approved for return to service. 

e. Section 91.407(a)(2), which states that no person may operate 

any aircraft that has undergone maintenance, preventive 

4 
maintenance, rebuilding or alteration unless the maintenance 

record entry required by §43.9 or §43.11, as applicable, of this 

chapter has been made. 

f. Section 135.413(a), which states that each certificate holder is 

primarily responsible for the airworthiness of its aircraft, 

including airframes, aircraft engines, propellers, appliances, and 

parts, and shall have its aircraft maintained under this chapter, 

and shall have defects repaired between required maintenance 

under part 43 ofthis chapter. 

IV 

1. Pursuant to 49 U.S. C. §4630l(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. §4630l(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 $22,000 is 

appropriate. 

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

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

5 
in the amount of$22,000. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: Zachary 31~ Attorney 

Federal Aviation Administration 

I 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 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)). 

6 
CERTIFICATE OF SERVICE 

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

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

as follows: 

Jared M. Allen, 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 

li 

Date: ------- ~~L. ~s Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

7