U.S. Department ofTransportation Federal Aviation Administration

**VI~** EXPRESS Eastern Region Regional Counsel Telephone: 718 553-3255 Facsimile: 718 995-5699
Federal AviationAdministration 600 Independence Avenue, S.W. Wilbur WrightBuilding- Suite 2Wl000 Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 1 Aviation Plaza Jamaica, NY 11434 

# RECEIVED JUN 08 2015 

### HEARING DOCKET 

# dO

**IS~ \~dO**  ATTN: HEARINGDOCKET CLERK Re: Inthe Matter ofCaliber Jet Charter, LLC DocketNo. 2014EA390060 Enclosed herein please find a copy ofa 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, togetherwithproofofservice uponthe Respondent. The FAArequests that the hearing in this matter be held in the New York, New York area, and expects thatthe hearingwill lasttwo days. Please address all communications for the Federal Aviation Administration to the attention of Judith L. Vaughan, Office ofthe Regional Counsel, 1 Aviation Plaza, Jamaica, NY 11434. Sincerely, Alfred R. Johnson, Jr. Regional Counsel



# By~~ udithL. aughan Attorney Enclosures

# RECEIVED U.S. DEPARTMENT OF TRANSPORTATION 

### JUN O 8 2015 FEDERALAVIATIONADMINISTRATION 

### HEARING DOCKET OFFICE OF HEARINGS

WASHINGTON, D.C. Inthe Matter ofCaliber Jet Charter, LLC 2014EA390060 Judge NotAssigned COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Ru1es ofPractice (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. OnMay 27, 20 15, Respondent submitted a written demand for a hearing. II COMPLAINT 1. Caliber Jet Charter, LLC (hereinafter "Caliber Jet") is the holder ofAir Carrier CertificateNumber 7CJA702M. 2. Caliber Jet is authorizedto conduct operations pursuantto 14 C.F.R. Part 135. 3. On or about May 28, 2014, Caliber Jet operated a LearJet 60 aircraft, identificationnumberN929SR (hereinafter "the aircraft"), on a flight from White Plains, NewYorkto Scottsdale, Arizona (hereinafterthe "flight"). 4. The aircraftrequirestwo 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 ofthe flight, the aircraft was listed on the operations specifications for CaliberJet. 7. Duringthe flight there were at leasttwopassengers onboardthe aircraft. 8. The above-referenced flight was arranged atthe request ofBeamAviation. 9. The above-referenced flight was documented as occurringpursuantto Part 91. 10.Notwithstanding the above, the flight was actually operated pursuant to Part 135 oftheFederal AviationRegulations for BeamAviation. 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 ofthe flight, the flight crewmembers were not provided with at least 10 consecutive hours ofrest during the 24-hour periodthat precedes the planned completion time ofthe 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 precededtheplanned completiontime ofthe assignment. 15. Further, Caliber Jet didnot ensure that a flight crewmember assigned tothe flight was properly trained and/or current for the type ofoperations 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 unsuccessfulAirmen Competency/Proficiency Check. 2

### 18.Further, prior to the flight, Caliber Jet's Director ofOperations was notified by a Federal Aviation Administration Aviation Safety Inspector about the second-incommand's unsuccessful Airmen Competency/Proficiency Check. 19. Byreason ofall ofthe above, Caliber Jet used a flight crewmember for the flight when he had not passed a flight check required under Part 135 ofthe 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 ofanother. 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 orreckless manner so as to endangerthe life orproperty ofanother. b. Section 135.95(b), which states no certificate holder may use the services ofany 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 ofrest during the 24-hour periodthatprecedes the planned completiontime ofthe assignment. d. Section 135.301(b), which states ifa pilot being checked under this subpart fails any ofthe required maneuvers, the person giving the check may give additional training to the pilot during the course ofthe 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 partuntil the pilot has satisfactorily completedthe check.
3III. 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 ofthe 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 CaliberJet Charter, LLC, be assessed a civilpenalty inthe 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 ofService which is attached to this document.

4CERTIFICATE OF SERVICE I hereby certifythat on this 

# Y :/t1 day ofJune, 2015, copies ofthe foregoing Administrator's Complaint has been served upon the following viaFederal Express:

Dated: __ 

### JU_N_4_20_!5 ORIGINAL AND ONE COPY TO: Federal Aviation Administration Wilbur Wright Building- Suite 2Wl00 600 Independence Avenue, SW Washington DC 20591 Attention: Hearing Docket Clerk, AGC-430 COPY TO: Michael Asseff(Attorney for Respondent) 29550 DetroitRoad Westlake, Ohio 44145



# ~~ Attorney Federal AviationAdministration Office ofRegional Counsel 1AviationPlaza Jamaica, NY 11434

5RegiomdCounsel fortheEastcmRcgion Date _£;.... 

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### 1-:; Federal Aviation Administrotion 1Aviation l'laza 

### 2Z015 Jamaica, NY 11434 

### JUN CaliberJet 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_) Ihereby submit the amountofthe prt)posed civil penuitywith lhe ltltderstandingthat an OrderAssessing Civil Penaltywill btl issuedin that amount. !herebyrequest a formal hearing in accordance with Section 13.!6ofthe 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 oftbisfo-:r'lfl bas lleen

**fit~** with tlitHeuring lklcketClerk (Hearing Dol!ket, Fetle•·al Aviation A<hnhiistratiofl, 8{10 lndepcudcnc-c Avem.Ho:, S.W., Room 924A) **W:a~;~hiug_totl,** DC20591. Ath!ntion: llearing DocketClerk).

**-~Jg.~e** note **th~...l:Q!!..l£il!JlQ1J1e...mt!!\m..tuJJ.beati_ngj_D;uu** tiletbis 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) ofthe Privacy Act, 5 U.S,C. §SS2a(e)(3), and collQ.:rns the information re-quested in the: letter Offom; withwhich 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 ofTitle- 14 oflhe Code ofFederal Regulations. Submission ofthe 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

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**reconl~** may be disclosed in w.:cordane< with the

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