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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainiml, 

vs. 

HELICOPTERS OF AMERICA, INC. 

Respondent. 

JAN - 6 2 m 

^£AR,NG DOCKET 

F AA Docket No. CP09so0011 

Ju^ e Benkin 

MOTION FOR DECISION ON THE PLEADINGS 

OR IN IIHK ALTERNATIVE, 

MOTION FOR HEARING ON SANCTION ONLY AND MOTION FOR 

CONTINUANCE 

Complainant, by and through the undersigned coun<5el, pursuant to §13.218(f)(5) of the Rules 

of Practice (14 CP.R. 13.218(f)(5)), hereby files its Motion lor Decision on the Pleadings or 

in the alternative, Motion for Hearing on Sanction Only. In support thereof, Complainant 

states the following: 

1. 

Section 13.209(a) of the Rules of Practice requires a respondent to file a written answer to the 

complaint, or file a written motion pursuant lo §13.208(d) or §l3.2l8(f)(I-4) instead of filing 

an answer, not later than 30 days after service of the complaint. 
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2. 

The complaint, which contained a paragraph informing Respondent he was required to file a 

written answer not later than 30 days after the date shown on the certificate of service, was filed 

on July 31, 2009.' As of this date. Complainant has not received a written answer. Therefore, 

Respondent has not met the fihng deadline pursuant to Section 13.209(a). 

The 30-day deadline for filing an answer cannot be extended without a showing of good cause. 

In the Matter of Robinson, FAA Order No. 95-28 (1997). "A showing of good cause is 

mandatory, Without it, failure to file an answer by the deadline may not be excused." In the 

Matter of Allantic World Ainvavs. Inc.. KAA Order No. 95-28 (1995). Moreover, Rule 13.209(0 

siaies that failure lo file an answer without good cause shall be deemed an admission of the truth 

of each allegation contained in the complaint. Sep., e.g.. In the Matter ofLarry's Flying Services, 

Inc., FAA Order No. 98-4 (1998). Since Respondent has not filed an answer and has not shown 

good cause for its failure to file an answer, the allegations in the complaint should be deemed 

admitted. 

'PLEASli NOTE: Pursuani lo Tide \A CFR Section 13.209(a), you are required to file a wrinen answer TO this 

Complaint, or a writien MoLion lo Di.sinL<!S it appropriaLC, not later than 30 day.s atier the date sliown on the 

Certificate of Service which follows. See page 6 of Exhibit I. 
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As the allegations are deemed admitted, there remain no genuine issues of material fact. 

Consequently, Complainant is entitled to a judgment on the pleadings. See 14 C.F.R. 

§13.218(f)(5). The Administrator has previously held that an order assessing civil penalty shall 

be assessed when ihe respondent has failed to answer the complaint without showing good cause. 

FAA vs..,Playter, FAA Order No. 90-0015 (1990), «//V/, 933 F.2d 1009 (6^^ Cir. 1991). Thus, the 

only remaining issue is sanction. 

5. 

The complaint charged Respondent with violations Sections 43.9(a), 43.11, 43.13(a), 43.15(a)(1), 

and 91.7(a) of the Federal Aviation Regulations (FAR) (Title 14 of the Code of Federal 

Regulations), for improperly approving .for return to service three (3) helicopters N72211A, 

N4066U, and N802WH when the Respondent failed to install steel alternator pulleys on the aircraft 

and failed to comply with Airwortliiness Directives 2007-26-12 and 88-26-01 R2. Additionally, 

Respondent incorrectly listed the total time of N722HA in its maintenance records at the time of the 

inspection pciTormcd on the aircraft." In accordance with Sections 46301 (a)-(d) of Title 49 of the 

United Slates Code (Transportation) (49 U.S.C.§46301(.a)-(d)), Respondent is liable for a civil 

penalty not to exceed $11,000 for each of the violation of the FARs. 

See Exhibit I, Complaint issued July 31, 2009 
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(i. 

WHEREFORE, Complainant respectfully requests that the Motion for Decision on the 

pleadings be granted and Respondent assessed a civil penalty in the amount of $23,772. In the 

ahernative, Complainant respectfully requests the Motion for Hearing on Sanction Only be 

granted. Additionally, if the Adininistrativc Law Judge grants the Respondent an opportunity to 

answer a Show Cause Order prior to ruling on the Complainant's motion, Complaianant 

respectufully asks for a Continuance of the Hearing currently scheduled for January 19, 2010. 

Submitted this 5"' day of January 2010. 

RAS+IAWNRICHGECH^ORG C E 

Attorney 

Office of the Regional Counsel 
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CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Motion for Decision on the Pleadings, or in the 

Alternative Motion for Hearing on Sanction Only and Motion for Continuance was mailed by, 

facsmilc and Federal Express to: 

The Honorable Isaac D. Benkin 

DOT, Administrative Law Judge 

Office of Hearings, M-20 

1200 New Jersey Avenue, SB 

Easi Building Ground Floor 

Room El2-320 

Washington, DC 20590 

(FAX) (202) 366-7536 

and electronic mail, facsimile and Federal Exprcess 

Michael A. Moulis, Esq. 

Moulis Sc Associates, LLP 

1100 Lee Wagner Blvd., Stc. 114 

Ft. Lauderdale, FL 33315 

Email: nmioulis7@email.com 

(FAX) (954) 337-0915 

and by Federal Express to: 

ITelicopicrs of America Inc 

IIIONE 10th Street 

Hanger 82 

Pompano Beach, FL 33060 

and the original and one copy via Federal Express to 

Hearing DocVret Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Kuilding 

800 Independence Avenue, SW 

Washirtgli>wrBC 2059iDated 
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Q aFILE 

U.S. Department Southern Region p,0. Box 20636 

of Transportation Office of the Flegiona! Counsel Atlanta, Georgia 30320 

Federal Aviation (404) 305-5200 

Administration (404)305-5223 FAX 

JUL 3 1 Z309 

CERTIFIED - RETURN RECEIPT REOUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilhiir Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Helicopters of America Inc 

FAA Case No. 2008SO190301 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Miami, Florida area, and expects 

that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

original signed by 

RASHAWN RICH GEORGE 

Attorney 

Office of the Regional Counsel 

Enclosures 

QCHIBiL 
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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMIN IS PRATION, 

Complainant, 

vs. 

Helicopters of America Inc 

Respondent. 

•FUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge -• 

COMPLAINT 

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

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

1. 

1. On July 15, 2009, Respondent, Helicopters of America Inc was advised through a 

Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of $23,772. On .Tuly 28, 2009, the Agency Attorney received a written request for a 

hearing from the Respondent. 

U. 

2. At all times material herein you were and are now the holder of Air Carrier 

Certificate No. P8HA615Y and Operations Specifications. 

3. On or about July 12, 2008, you perfonncd maintenance on civil aircraft N722HA, 

a Robinson R22 helicopter. 

4. The above-described maintenance for N722HA included tlie following: 

a. 2200-hour field overhaul: 

b. 100-hour inspection; and 

c. an annual inspection. 
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5. The maintenance you performed on civil aircraft N733HA, on or about July 12, 

2008 also included the following: 

a. you installed a new frame, part number A046-2, serial number 5142; 

b. you installed a new frame, part number A020-2, serial number 6042; 

c. you installed a new strut, part number 046-3; 

d. you installed a new/OH Main Gearbox, pari number A-006-1/6, serial number 

0855; and 

e. you installed a tnain rotor hub, part number A154-1, serial number 3845. 

(). a. At the conclusion of the above-described maintenance orN722IlA, you 

made a maintenance record entry stating, in part, that the aircraft was found in aii-worthy 

condition and approved for return to service. 

b. The maintenance record cntiy included the mechanic's certificate number, 

a date, and a signature. 

7. On or about July 14, 2008, you performed maintenance on civil aircraft N4066U, 

a Robinson R22 helicopter. 

8. The above-described maintenance on N4066U included the following: 

a. a 100-hour inspection; 

b. cylinder compression, magneto timing and harness check; 

c. cleaning and reinstallation of spark plugs; 

d. new air filter, oil change, clean oil screen; 

e. timing set on engine; 

f check for oil leaks, and 

g. a test flight. 

9. a. At the conclusion of the above-described maintenance of N4066U, you 

jnade a maintenance record entry stating, in part, that the aircraft was found in airworthy 

condition and approved for return to service. 

b. The maintenance record entry included the mechanic's certificate number, 

a date, and a signature. 

10. On or about July 17, 2008, you performed maintenance on civil aircraft N802WH, 

a Robinson R22 helicopter. 

11. The above-described maintenance on N802WH included the following: 

a. a 100-hour inspection; 

b. spark plugs cleaning and reinstallation; 

c. magneto timing and harness check; 

d. cylinder compression check; 

e. new air filter, oil change, clean oil screen 

L timing set on engine; 
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g. check for oil leaks; and 

h. a test flight. 

12. a. At the conclusion of the above-described maintenance of N802WH, you 

made a maintenance record entry stating, in part, that the aircraft was found in aii-worthy 

condition and approved for return to service. 

b. The maintenance record entry included the mechanic's certificate number, 

a date, and a signature. 

13. The Robinson 100-hour inspection checklist required that you verify that a steel 

pulley was installed on the alternator. 

14. At the time of the above-descrihed inspections, none of the above referenced 

aircraft had installed on it a steel alternator pulley. 

15. At the time of the above-described inspections, you failed to verify that a correct 

alternator pulley was installed on the following aircraft: 

a. N722HA; 

b. N4066U;or 

c. N802WH. 

16. a. At the time of the above-described maintenance Airworthiness 

Directive 2007-26-12 was current and applicable to N722HA, N4066U, and N802WH. 

b. At the time of the above-described maintenance you failed to accomplish 

Airworthiness Directive 2007-26-12. 

17. a. At the Lime of the above-described maintenance Airworthiness 

Directive 88-26-01 R2 was current and applicable to N722HA, N4066U, and N802WH. 

b. At the time of the above-described maintenance you failed to accomplish 

Airworthiness Directive 88-26-01 R2. 

18. At the time of the above-described inspection the FAA Airworthiness Directive 

Compliance Records for N722HA, N4066U, and N802WFI did not indicate that Airworthiness 

Directives 2007-26-12 and 88-26-01 had been accomplished. 

19. At the lime of the above-described inspection you failed to ascertain that 

Airworthiness Directives 2007-26-12 and 88-26-01 had been accomphshcd. 

20. At the time of the above-described inspection you failed to ascertain that 

N722HA, N4066U, and N802WH met all of the applicable airwoithiness requirements. 
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21. a. At the time of the above-described inspection you listed the total time of 

N722HA to be 4364.2 hours. 

b. During a subsequent entry for the same inspection your mechanic listed 

the total time of N722HA to be 4305.8 hours. 

22. The maintenance record entry described above al paragraph 21 was not accurate in 

that it did not described the actual aircraft time. 

23. You operated civil aircraft N722HA, N4066U, and N802WH on at least 29 flights 

when the aircraft were not in an airworthy condition. 

111. 

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

following sections of the Federal Aviation Regulations: 

a. Section 43.9(a) in that, except as provided in paragraphs (b) and (c) of this 

section, each person who maintains, perfomis preventive maintenance, rebuilds, or alters an 

aircraft, airfi-ame, aircraft engine, propeller, appliance, or component part shall make an entry in 

the maintenance record of that equipment containing the following infonnation: (1) A 

description (or reference lo dalia 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 lin paragraph (a)(4) of this section. (4) If the work perfomied on 

the aircraft, airframe, aircraft cnlginc, propeller, appliance, or component part has been performed 

satisfactorily, the signature, certificate number, and kind of certificate held by the person 

approving the work. The signatiire constitutes the approval for return to service only for the work 

perfomied. 

b. Section 43.11(a) in that the person approving or disapproving for relum to service 

an aircraft, airframe, aircraft engine, propeller, appliance, or component part after any inspection 

performed in accordance with Part 91, 123, 125, 135.411(a)(1), or 135.419 shall make an entry 

in the maintenance record of thit equipment containing the following infonnation: (1) the type of 

inspection and a brief description of the extent of the inspection. (2) The date of the inspection 

and aircraft total time in service; 

c. Section 43.13(a) in that each person perfomiing maintenance, alteration, or 

preventive maintenance on an laircraft, engine, propeller, or appliance shall use the methods, 

techniques, and practices prescribed in the current manufacturer's maintenance manual or 

InstiTictions for Continued Airworthiness prepared by its manufacturer, or other methods, 

teclTTiiques, and practices acceptable to the Administrator, except as noted in 43.16. 

d. Section 43.15(a)(1) in that each person performing an inspection required by Part 

91, 123, 125, or 135 of this cha^jtcr, shall perform the inspection so as to determine whether the 

aircraft, or portion(s) thereof under inspection, meets all applicable airworthiness requirements. 
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e. Section 91.7(a) in that no person may operate a civil aircraft unless it is in an 

airworthy condition. 

Under 49 U.S.C Sections 46301(a)-(d), you are subject to a civil penally not to exceed $11,000 

for each of the violations noted. By reason of the foregoing facts and circumstances, we propose 

to assess a civil penalty in the amount of $23,772. 

25. Pursuant lo 49 U.S.C. Seclions 46301 (a)-(d), Respondent is subject to a civil 

penalty not to exceed $1,100 for each of the violations alleged. 

26. Under the facts and circumstances of this case, a civil penalty of $23,772 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Adminisiraiivc Law 

.ludge enter an order that Respondent be assessed a civil penalty in the amount of $23,772. 

Respectfully submitted this Qv day of July, 2009. 

original signed by 

RASHAWN RICH GEORGE 

Attorney 

Office of the Regional Counsel 

PLEASE NO'I K: 

Pursuani to Title 14 CFR Section 13.209(a), you are required to 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 which follows. 
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CERTIFICA I E OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Retuni Receipt Requested, to the following: 

Helicopters of America Inc 

1110 NE 10th Street 

Hanger 82 

Pompano Beach, FL 33060 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Michael A. Moulis, Esq. 

Moulis & Associates, LLP 

1100 Lee Wagner Blvd., Suite 114 

Ft. Lauderdale, FL 33315 

(original + 1 copy) 

\ > & 

JUL ?, 1 2009 

Dated 

cc: 

ASO-7:DES:07/30/09 

F:\Admin\DES\DOTComplaints\2008SO190301 
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UNITED STATES OF AMERICA 

FEDERAL AVIATION ADMINISTRATION 

WASHING I ON, D.C. 

ADMINISTRATOR, 

Federal Aviation Administration 2009SO190301 

v. 

HELICOPTERS OF AMERICA INC, 

Re.spondent. 

NOTICE OF APPEAL & NOTICE OF APPEARANCE TO THE 

ADMINISTRATOR'S ORDER OF REVOCATION 

Respondent, HELICOPTERS OF AMERICA INC., by and through his 

undersigned counsel, pursuant to the FAA's Rules of Practice, hereby appeals ihe 

Adminisirator's Final Notice of Proposed Civil Penalty dated July 15, 2009, proposing a 

civil penalty against Respondent. 

Further, Respondent, through undersigned counsel hereby files its Designation of 

Representation as follows: 

Moulis & Associates, PA. 

1100 Lee Wagener Blvd., Suite 114 

Ft. Lauderdale, FL 33315 

Tel: (954)547-0555 

Fax: (954)337-0915 

DATED this 23'** day in July, 2009. 

JUL 2S 

'mSijfSiF 

Moui.is & ASSOCIATES, PA 

Attorneys for Respondertl 

1100 Lee Wagener Blvd., Suite 114 

Fort Lauderdale, Florida 33315 

Telephone: (954) 547-95^5 

/] 

13y: 

Michael Moulis, Esq, 

FBN: 0186790 
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CERTIFICATE OF SERVICE 

I hereby certify that I have on July 23, 2009 mailed ihe foregoing addressed to: 

Hearing Docket 

AGC-400 

Room 2014 

600 Independence Ave., SW 

Washington, DC 20591 

and one copy to: 

Raymond Veatch 

P(.) Box 20636 

Atlanta, GA 30320 

crAf) a n 

3, -- . ^.^^ 

Michael Moulis, Esq, 

FDN: 0186790