UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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In the Matter of AERO MICRONESIA * 

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Respondent. * 

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* 

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FAA Docket No.: Unassigned 

FDMS No. FAA-2012-0468 & 0469 

FAA Region: Western-Pacific 

Judge: Ronnie A. Yoder 

AMENDED COMPLAINANT 

The Complainant files its Amended Complaint, pursuant to Rule 214 (14 C.F.R. 

§13.214). 

I. 

Respondent, Aero Micronesia, Inc. dba Asia Pacific Airline, Inc., through its 

President, Michael Quinn, was advised through a Final Notice of Proposed Civil Penalty 

dated April 24, 2101, that the FAA proposed to assess a civil penalty in the amount of 

$6,600.00. On May 4, 2012, Mr. Quinn submitted a written request for a hearing. 

II. 

1. Aero Micronesia, Inc. d/b/a Asia Pacific Airlines ("Aero Micronesia") is now, 

and at all times mentioned herein was, the holder of Air Carrier Certificate 

No. I5PA400!, authorized to conduct flight operations, cargo only, under part 

121 of the Federal Aviation Regulations ("FARs"). 

2. On or about December 8, 2010, the current versions of Aero Micronesia's 

"Flight Operations Training Manual" and "General Operations Manual", 

contained up through revision 9, and revision 22, respectively. 

3. Mr. Richard Gaza was the manager of Aero Micronesia's flight crewmember 
training at Sanford International Airport, Sanford, Florida. 

4. Mr. Richard Gaza was furnished with copies of Aero Micronesia's "Flight 

Operations Training Manual" and "General Operations Manual", revision 9, 

and revision 22, respectively. 

5. On or about December 8, 2010, the latest revisions contained in Mr. Gaza's 

Aero Micronesia's "Flight Operations Training Manual" and "General 

Operations Manual", were revision 5, and revision 21, respectively. 

III. 

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

following Federal Aviation Regulation (Title 14, Code of Federal Regulations): 

14 C.F.R. § 121.137(a), which states that "[e]ach certificate holder shall 

furnish copies of the manual ... (and the changes and additions thereto) or 

appropriate parts of the manual to-its appropriate ground operations and 

maintenance personnel ... " 

IV. 

1. Pursuant to Title 49 U.S.C. Section 46301, Respondent is subject to a civil 

penalty not to exceed $27,500.00 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $6,600 is 

appropriate. 

WJEREFPRE. The Complainant respectfully request that the Administrative Law 

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

$6,600.00. 

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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

*********************************************** 

* 

In the Matter of AERO MICRONESIA * 

* 

* 

Respondent. * 

* 

* 

* 

*********************************************** 

FAA Docket No.: Unassigned 

FDMS No. FAA-2012-0468 & 0469 

FAA Region: Western-Pacific 

Judge: Ronnie A. Yoder 

AMENDED COMPLAINANT 

The Complainant files its Amended Complaint, pursuant to Rule 214 (14 C.F.R. 

§13.214). 

I. 

Respondent, Aero Micronesia, Inc. dba Asia Pacific Airline, Inc., through its 

President, Michael Quinn, was advised through a Final Notice of Proposed Civil Penalty 

dated April 24, 2101, that the FAA proposed to assess a civil penalty in the amount of 

$6,600.00. On May 4, 2012, Mr. Quinn submitted a written request for a hearing. 

II. 

1. Aero Micronesia, Inc. d/b/a Asia Pacific Airlines ("Aero Micronesia") is now. 

and at all times mentioned herein was, the holder of Air Carrier Certificate 

No. I5PA400I, authorized to conduct flight operations, cargo only, under part 

121 of the Federal Aviation Regulations ("F ARs"). 

2. On or about December 8, 2010, the current versions of Aero Micronesia· s 

"Flight Operations Training Manual" and "General Operations Manual", 

contained up through revision 9, and revision 22, respectively. 

3. Mr. Richard Gaza was the manager of Aero Micronesia's flight crewmember 
training at Sanford International Airport, Sanford, Florida. 

4. Mr. Richard Gaza was furnished with copies of Aero Micronesia's "Flight 

Operations Training Manual" and "General Operations Manual", revision 9, 

and revision 22, respectively. 

5. On or about December 8, 2010, the latest revisions contained in Mr. Gaza's 

Aero Micronesia's "Flight Operations Training Manual" and "General 

Operations Manual", were revision 5, and revision 21, respectively. 

III. 

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

following Federal Aviation Regulation (Title 14, Code of Federal Regulations): 

14 C.F.R. §121.137(a), which states that "[e]ach certificate holder shall 

furnish copies of the manual ... (and the changes and additions thereto) or 

appropriate parts of the manual to-its appropriate ground operations and 

maintenance personnel. .. " 

IV. 

I. Pursuant to Title 49 U.S.C. Section 46301, Respondent is subject to a civil 

penalty not to exceed $27,500.00 for each ofthe violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $6,600 is 

appropriate. 

WJEREFPRE. The Complainant respectfully request that the Administrative Law 

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

$6,600.00. 

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Respectfully submitted, 

By: & "(""\ . <~ /L L """ 

Don Bobertz 

Attorney for FAA 

Dated: June 25, 2012 

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CERTIFICATE OF SERVICE 

I hereby certify that on this date I have placed in the United States mail, postage 

prepaid, the AMENDED COMPLAINT, addressed as follows: 

And a copy to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

U.S. Dept of Transportation 

1200 New Jersey Avenue, SE 

East Building Ground Floor, Room E 11-31 0 

Washington, D.C. 20590 

Also by facsimile: 202-366-7536 

I further certifY that on this date I have placed in the United States mail, postage 

prepaid, certified mail - return receipt requested and regular mail, a true copy of the 

above, addressed as follows: 

Mr. David Kirstein 

Kirstein & Young PLLC 

1750 K Street, NW, Suite 200 

Washington, D.C. 20006 

Dated: June 25, 2012 

Don Bobertz 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California 

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