U.S. Department ofTransportation Federal Aviation Administration Eastern Region Regional Counsel Telephone: 718 553-3258 Facsimile: 718 995-5699 1 Aviation Plaza Jamaica, NY 11434 

# RECEIVED
CERTIFIEDMAIL- RETURN RECEIPT REQUESTED 

### DEC 302013 

## HEARING DOCKET FederalAviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building- Room 2014 Ft>MS# 

### FAA- 2013- O'iltf?

ATTN: HEARINGDOCKET CLERK Re: Inthe Matter ofWings Air, LLC, 2012EA110052
Enclosed herein please fmd a copy of the FAA's Complaint in the above-entitled action for filing, togetherwith proofofservice upon the Respondent. The FAA requests that the hearing in this matter be held in the New York, NY area, and expects that the hearingwill lasttwo (2) days. Please address all communications for the Federal Aviation Administration to the attention ofZachary M. Bennan, Office ofthe Regional Counsel, 1 Aviation Plaza Jamaica, NY 11434.
Sincerely, Alfred R. Johnson, Jr. Regional Counsel

By: Attorney11:49 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 2Wl000 Washington, DC 20591 Re: WingsAir, LLC, FAADocketNo. 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 beadvised that this officerepresents Wings Air, LLC, regarding the Administrator's Final Notice of Proposed Civil Penalty issued in the above referenced matter onDecember 5, 2013, a copy ofwhich is attached hereto. Thisletterwill serve as a request byWingsAir, LLC, for a hearinginaccordance with SubpartG ofPart 13 ofthe Federal AviationRegulations, withthe understandingthat a Complaintwill be filed by the Administrator. Wings Air, LLC, requests thata hearingbeheld inNewYork, NewYork. Itis anticipated thata hearingwill taketwo (2) full days. Enclosedpleasefind a copy ofthisrequestfor hearing. Kindlyfile stampthecopy andreturnittothis officein the enclosed self-addressed, stamped envelope. A copy oftheforegoing has been sentto FAAAttorneyZacharyBerman. Thankyou foryourprompt attentionto this matter. Sincerely,

# ~/1kf!J (/JaredM. Allen Enclosure

cc: Wings Air, LLC Zachary Berman, FAA AEA-7U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATIONADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter ofWings Air, LLC 2012EA110052 Judge Not Assigned
COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 13.208 ofthe Rules ofPractice (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 awritten demand for a hearing. II 

### 1. At all times relevant herein, Wings Air, LLC, was the holder of Air Carrier onDemand Certificate No. WIZA367L. 2. At all times relevant herein, Wings Air, LLC, maintained and operated a SNIAS AS350BA helicopter, identification number N27WA (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).

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### 4. During Flight #1, the aircraft sustained significant damage to the nose shell ofthe aircraft as a result ofa 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 repairthe 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 acceptableto the Administrator.

3III 

### By reason of the foregoing facts and circumstances, Respondent violated the following sections ofthe 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 ofthat equipment containing the following information: (1) A description (or reference to data acceptable to the Administrator) of work performed. (2) The date ofcompletion ofthe work performed. (3) The name ofthe 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

4maintenance, rebuilding or alteration unless the maintenance record entry required by §43.9 or §43.11, as applicable, ofthis chapterhas 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 underpart 43 ofthis chapter.

IV

1. Pursuant to 49 U.S.C. §4630l(a)(l), Respondent is subject to a civil penalty notto exceed $25,000 for each ofthe 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 ofthe 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 AdministrativeLaw Judge enter an orderthatRespondent be assessed a civil penalty

5in the amount of$22,000. Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel

By: Zachary

# 31~ Attorney Federal AviationAdministration I AviationPlaza 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, ofthe 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 ofService. A general denial is deemed a failure to file an answer (Section 13.209(e)).

6CERTIFICATE OF SERVICE I hereby certifY that the foregoing Complaint has beenplaced this date in the United States mail, postage prepaid, by Certified Mail

- Return ReceiptRequested addressed as follows: Jared M. Allen, Esq. TheAviation LawFinn One Research Court Suite450 Rockville, MD 20850 FederalAviationAdministration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWrightBuilding- Room 2014

li Date:

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# ~~L.**~s** Paralegal Specialist Federal AviationAdministration Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434

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