U.S. Department 

of Transportation 

Federal Aviation 

Administration 

VI~ EXPRESS 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3255 

Facsimile: 718 995-5699 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2Wl 000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

1 Aviation Plaza 

Jamaica, NY 11434 

RECEIVED 

JUN 0 8 2015 

HEARING DOCKET 

dO IS~ \~dO 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter of Caliber Jet Charter, LLC 

Docket No. 2014EA390060 

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

the FAA's Complaint and Notice of Appearance 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, New York area, 

and expects that the hearing will last two days. 

Please address all communications for the Federal Aviation Administration to the attention 

of Judith L. Vaughan, Office of the Regional Counsel, 1 Aviation Plaza, Jamaica, NY 

11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By~~ udith L. aughan 

Attorney 

Enclosures 
RECEIVED 

U.S. DEPARTMENT OF TRANSPORTATION JUN O 8 2015 

FEDERALAVIATIONADMINISTRATION HEARING DOCKET 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Caliber Jet Charter, LLC 

2014EA390060 

Judge Not Assigned 

COMPLAINT 

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

pursuant to Rule 208 of the Ru1es of Practice (14 C.F.R. 13.208), and states as follows: 

I 

Respondent, Caliber Jet Charter, LLC, was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $17,600.00. 

On May 27, 20 15, Respondent submitted a written demand for a hearing. 

II 

COMPLAINT 

1. Caliber Jet Charter, LLC (hereinafter "Caliber Jet") is the holder of Air Carrier 

Certificate Number 7CJA702M. 

2. Caliber Jet is authorized to conduct operations pursuant to 14 C.F.R. Part 135. 

3. On or about May 28, 2014, Caliber Jet operated a LearJet 60 aircraft, 

identification number N929SR (hereinafter "the aircraft"), on a flight from White 

Plains, New York to Scottsdale, Arizona (hereinafter the "flight"). 

4. The aircraft requires two crewmembers for operation. 
5. At the time of the flight, Larry D. Henderson acted as pilot-in-command and 

Mohannned Jasim acted as second-in-command of the aircraft (hereinafter the 

"flight crewmembers"). 

6. At the time of the flight, the aircraft was listed on the operations specifications 

for Caliber Jet. 

7. During the flight there were at least two passengers onboard the aircraft. 

8. The above-referenced flight was arranged at the request of Beam Aviation. 

9. The above-referenced flight was documented as occurring pursuant to Part 91. 

10. Notwithstanding the above, the flight was actually operated pursuant to Part 135 

of the Federal Aviation Regulations for Beam Aviation. 

11. Prior to the flight, Caliber Jet accepted $11,700 from Beam Aviation as payment 

for the flight. 

12. Caliber Jet did not ensure that the flight crewmembers assigned to the flight 

maintained continued qualifications in compliance with the Federal Aviation 

Regulations. 

13. Specifically, at the time of the flight, the flight crewmembers were not provided 

with at least 10 consecutive hours of rest during the 24-hour period that precedes 

the planned completion time of the assigmuent as required pursuant to 14 C.P.R. 

§ 135.267(d). 

14. At the time of the above referenced flights, the flight crewmembers had 

approximately seven hours of consecutive rest during the 24-hour period that 

preceded the planned completion time of the assignment. 

15. Further, Caliber Jet did not ensure that a flight crewmember assigned to the flight 

was properly trained and/or current for the type of operations he conducted and 

that his training was properly documented. 

16. Specifically, prior to the flight, on May 28, 2014, the second-in-command failed 

an Airmen Competency/Proficiency Check, conducted pursuant to 14 C.P.R. 

§135.299. 

17. Prior to the flight, the flight crewmembers were notified by a Federal Aviation 

Administration Aviation Safety Inspector about the second-in-command's 

unsuccessful Airmen Competency/Proficiency Check. 

2 
18.Further, prior to the flight, Caliber Jet's Director of Operations was notified by a 

Federal Aviation Administration Aviation Safety Inspector about the second-incommand's unsuccessful Airmen Competency/Proficiency Check. 

19. By reason of all of the above, Caliber Jet used a flight crewmember for the flight 

when he had not passed a flight check required under Part 135 of the Federal 

Aviation Regulations. 

20. By reason of all of the above, Caliber Jet operated the above-referenced 

flights in a careless or reckless manner so as to endanger the life or property 

of another. 

II. 

By reason of the above Caliber Jet Charter, LLC violated the following 

Department of Transportation Regulations (Title 14 of the Code of Federal 

Regulations): 

a. Section 91.13(a), which states that no person may operate an aircraft in a careless 

or reckless manner so as to endanger the life or property of another. 

b. Section 135.95(b), which states no certificate holder may use the services of any 

person as an airman unless the person performing those services is qualified, 

under this chapter, for the operation for which the person is to be used. 

c. Section 135.267(d), which states each assignment under paragraph (b) of this 

section must provide for at least 10 consecutive hours of rest during the 24-hour 

period that precedes the planned completion time of the assignment. 

d. Section 135.301(b), which states if a pilot being checked under this subpart fails 

any of the required maneuvers, the person giving the check may give additional 

training to the pilot during the course of the check. In addition to repeating the 

maneuvers failed, the person giving the check may require the pilot being 

checked to repeat any other maneuvers that are necessary to determine the pilot's 

proficiency. If the pilot being checked is unable to demonstrate satisfactory 

performance to the person conducting the check, the certificate holder may not 

use the pilot, nor may the pilot serve, as a flight crewmember in operations under 

this part until the pilot has satisfactorily completed the check. 

3 
III. 

Pursuant to 49 U.S.C. § 4630l(a)(5), Caliber Jet Charter, LLC, is liable for a civil 

penalty not to exceed $11,000.00 for each of the violations alleged. 

Under the facts and circumstances of this case, a civil penalty of $17,600.00 is 

appropriate. 

WHEREFORE, the Regional Counsel for the Federal Aviation Administration, 

Eastern Region, respectfully requests that the Administrative Law Judge enter an Order 

that Caliber Jet Charter, LLC, be assessed a civil penalty in the amount of$17,600.00 

for the violations alleged in this complaint. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By:~~ dith L. ughan 

1\.ttomey 

Please Note 

Pursuant to Title 14 CFR § 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 thirty (30) days 

after the date shown on the Certificate of Service which is attached to this document. 

4 
CERTIFICATE OF SERVICE 

I hereby certify that on this Y :/t1 day ofJune, 2015, copies of the foregoing 

Administrator's Complaint has been served upon the following via Federal Express: 

Dated: __ JU_N_4_20_!5 

ORIGINAL AND ONE COPY TO: 

Federal Aviation Administration 

Wilbur Wright Building- Suite 2Wl00 

600 Independence A venue, SW 

Washington DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

COPY TO: 

Michael Asseff (Attorney for Respondent) 

29550 Detroit Road 

Westlake, Ohio 44145 

~~ Attorney 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

5 
RegiomdCounsel fortheEastcmRcgion Date _£; .... 2 2- 1-:; 

Federal Aviation Administrotion 

1 Aviation l'laza 

2 Z015 Jamaica, NY 11434 JUN 

Caliber Jet Charter. tLC ~ 20l4EA390060 

Subject finlil Notice ofProp~~ivil ['e:nalty 

R-~,"Snonsc Attachnw.m 

in reply t-o your Final Notice of Proposed Civil Penalty, I elect to proct.-e-d as indicated l1y my check mark beside the numbered 

1mragmph below; 

Ll_) I hereby submit the amount of the prt)posed civil penuity with lhe ltltderstanding that an Order Assessing Civil Penalty will 

btl issued in that amount. 

!hereby request a formal hearing in accordance with Section 13.!6 of the Federal Aviation Regulation$. 

By Sl!-lldlng •his form to the Federal Aviation Adrninis.trnlion, East-ern Region, I also hert>hy 

certify that a copy of tbis fo-:r'lfl bas lleen fit~ with tlit Heuring lklcket Clerk (Hearing Dol!ket, 

Fetle•·al Aviation A<hnhiistratiofl, 8{10 lndepcudcnc-c Avem.Ho:, S.W., Room 924A) W:a~;~hiug_totl, 

DC 20591. Ath!ntion: llearing Docket Clerk). 

-~Jg.~e note th~...l:Q!!..l£il!JlQ1J1e...mt!!\m..tuJJ.beati_ngj_D;uu tile tbis tOrm with tJ:~ Federnl Avlatlov.A._dminlstrati-on 8aSt~ 

WITHOUT luwin!.'l fjled this. fonn ~~§JJ~ It~.r:ino with th.cJ:lEABLNG DOCK~K,_ 

MY ATTORNEY/REPRESENHTIYE 

This ootice is provid<:d in aC~;tJl'd:mce wiih Section {e-}{3) of the Privacy Act, 5 U.S,C. §SS2a(e)(3), and collQ.:rns the information 

re-quested in the: letter Of fom; with which this Notice is. c.t1c!oscd. 

A. t\J!l!ill.t~ty. lltfs \ntbrmat.ion is solicited pursuant to 49 US.C.!IOl ~ S.ii.(!., and regulations issued thereunder 

codified in Part 13 of Title- 14 of lhe Code of Federal Regulations. Submission of the telephone number is 

vohmtury, The request for infonnation is intended t~l provi<i.c you. \•.--ith an opportunity to participate in the 

i1wes:tigation, 

B. .ITirtsipal Pum..!)iil.. Tht:: :requested inlbrmation is itltendcd t-o llSSist us in contacting you rcg11rding this 

cnforecmcnt case. 

C. Bruilin.~J.l~- Records ·frQn1 this ~)'Sk'ln of reconl~ may be disclosed in w.:cordane< with the routin~ uSefi as 

they appear in System ofReeords No. DOT/FAA 847 nspul)\i-shcd from time Eo l.i.n'lc in the E~d~Jll..B..~:u.~. 

D. E1Tcct ofFailur>:l to Reso<md. If you do not provide the requested in.ibrmation, there may be detay in contacting 

yoll regarding this cnforccrnertt ea..<>C. 
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