UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. *********************************************** * In the Matter ofAERO 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 advisedthrough a Final Notice ofProposed Civil Penalty dated April 24, 2101, thatthe FAA proposed to assess a civil penalty inthe amount of $6,600.00. OnMay 4, 2012, Mr. Quinn submitted a writtenrequest for a hearing.

II. 1. Aero Micronesia, Inc. d/b/aAsia Pacific Airlines ("Aero Micronesia") is now, and at all times mentioned herein was, the holder ofAir Carrier Certificate No. I5PA400!, authorized to conduct flight operations, cargo only, under part 121 ofthe Federal Aviation Regulations ("FARs"). 2. On or about December 8, 2010, the currentversions ofAero Micronesia's "Flight Operations Training Manual" and "General Operations Manual", contained up through revision 9, and revision 22, respectively. 3. Mr. Richard Gazawas the manager ofAero Micronesia's flight crewmembertraining at Sanford International Airport, Sanford, Florida. 4. Mr. Richard Gazawas furnished with copies ofAero 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 ofthe foregoing facts and circumstances, Respondent violated the following Federal Aviation Regulation (Title 14, Code ofFederal Regulations): 14 C.F.R. §121.137(a), which states that "[e]achcertificate holder shall furnish copies ofthe manual
... (and the changes and additions thereto) or appropriate parts ofthe 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 ofthe violations alleged. 2. Under the facts and circumstances ofthis case, a civil penalty of$6,600 is appropriate.
WJEREFPRE. The Complainantrespectfully requestthat the Administrative Law Judge enter an order that Respondent be assessed a civil penalty in the amount of $6,600.00.



### 2UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. *********************************************** 

### * In the Matter ofAERO 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 ofProposed Civil Penalty dated April 24, 2101, that the FAA proposed to assess a civil penalty inthe amount of $6,600.00. On May 4, 2012, Mr. Quinn submitted a writtenrequest for a hearing.
II. 1. Aero Micronesia, Inc. d/b/aAsia Pacific Airlines ("Aero Micronesia") is now. and at all times mentioned herein was, the holder ofAir Carrier Certificate No. I5PA400I, authorizedto conduct flight operations, cargo only, under part 121 ofthe Federal Aviation Regulations ("FARs"). 2. On or about December 8, 2010, the currentversions ofAero 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 ofAero Micronesia's flight crewmembertraining at Sanford International Airport, Sanford, Florida. 4. Mr. Richard Gazawas furnished with copies ofAero Micronesia's "Flight Operations Training Manual" and "General Operations Manual", revision 9, andrevision 22, respectively. 5. On or about December 8, 2010, the latest revisions contained inMr. Gaza's Aero Micronesia's "Flight Operations TrainingManual" and "General Operations Manual", were revision 5, andrevision 21, respectively.

III. By reason ofthe foregoing facts and circumstances, Respondentviolated the following Federal Aviation Regulation (Title 14, Code ofFederal Regulations):
14 C.F.R. §121.137(a), which states that "[e]achcertificate holder shall furnish copies ofthe manual
... (and the changes and additions thereto) or appropriate parts ofthe manual to-its appropriate groundoperations and maintenance personnel.
.."

IV.

I. Pursuant to Title 49 U.S.C. Section46301, Respondent is subject to a civil penalty notto exceed $27,500.00 for each ofthe violations alleged. 2. Underthe facts and circumstances ofthis case, a civil penalty of$6,600 is appropriate.

WJEREFPRE. The Complainant respectfully request thatthe Administrative Law Judge enter an order that Respondent be assessed a civil penalty inthe amount of $6,600.00.

2Respectfully submitted, By: 

# & "(""\

.**<~** 

## /L 

# L""" Don Bobertz Attorney for FAA Dated: June 25, 2012

3CERTIFICATE OF SERVICE Ihereby certify that on this date Ihave 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 WrightBuilding-Suite2W1000

The Honorable Ronnie A. Yoder ChiefAdministrative Law Judge Office ofHearings, M-20 U.S. Dept ofTransportation 1200 NewJersey Avenue, SE East Building Ground Floor, Room E11-310 Washington, D.C. 20590 Also by facsimile: 202-366-7536 I further certifY that on this date Ihave placed inthe United States mail, postage prepaid, certified mail

- return receipt requested and regular mail, a true copy ofthe 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 ofthe Regional Counsel Federal AviationAdministration Western-Pacific Region Hawthorne, California



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