Southern Region U.S. Department ofTransportation Office ofthe Regional Counsel Federal Aviation Administration

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### L2l9 

## 2014 CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 WilburWright Building 800 Independence Avenue, SW Washington, DC 20591 Re: Inthe MatterofComair, Inc. FAA CaseNo. 2011S0271013 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

# RECEIVED JUN 01,2014 

## HEARING DOCKET

Enclosedherewithplease find a copy ofa request for hearing and the original and one copy of the Complaint in the above-referenced proceeding. The FAArequests thatthe hearing inthis matterbe held inthe Atlanta, Georgia area, and expects that the hearing will lasttwo days. Please address all communications for the FAA to the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,

CHRISTOPHER R. STEVENSON Attorney Office ofthe Regional Counsel Enclosures

# SILVERBERG 

# GoLDMAN& BIKOFF, L.L.P ATTORNEYS AT LAW

VIAFEDEX Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur WrightBuilding Suite 2W1000 Washington, D.C. 20591 CroRCETOWN PLACE •**SuJTEt~O** • 1101 30TH STREET,NW 0 WASHINGTON,

### o_c 20007 VOICE (202)**944~3100** • fACSIMILE (202)**944~3306**
May 21,2014

(Attention: Hearing Docket Clerk, AGC-430) Re: Request for Hearing ofComair, Inc. FAA Case No. 2011S0271013 Dear Siror Madam: Pursuant to §13.16(g)(2)(ii) ofthe Federal Aviation Regulations, the undersigned counsel for Comair, Inc. ("Comair") hereby requests a hearing in accordance with the procedures of Subpart G of Part 13 of the Federal Aviation Regulations. A copy of the Final Notice of Proposed Civil Penalty being appealed by Comair is attached hereto. A copy ofthe Request for Hearing has been served by e-mail and first class mail upon Christopher R. Stevenson, attorney for the FAA in this matter. Also enclosed is an additional copy of the Request for Hearing and a pre-addressed, postage paid envelope. Please date-stamp the additional copy and return it to our office in the enclosed envelope.

Enclosures Verytruly yours, SILVERBERG, GOLDMAN & BIKOFF, LLP Attorneys for COMAIR, INC.
By

# ?:;,i~<YU.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERALAVIATION ADMINISTRATION, Complainant,
vs. Comair, Inc. Respondent.
JUDGENOT YET ASSIGNED FAADocketNo. Judge

COMPLAINT The Federal AviationAdministration (FAA), by counsel,hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 1. On May 7, 2014, Respondent, Comair, Inc. was advised through a Final Notice of Proposed Civil Penalty thatthe FAA proposed to assess a civil penaltyin the amount of $317,500. On May 21, 2014, theAgency Attorney received a writtenrequestfor a hearing from the Respondent. II. 2. At all times material herein Comair was the holder ofAirCarrierCertificate No. COMA005B. 3. On January 13, 2011, Comair removed and replaced the right (number two) engine fire extinguisher bottle on civil aircraftN81OCA, a CanadairCL-600-2B19. 4. a. Comair's operations specifications require that all maintenance be performed in accordance withthe approved Comairmanual system. b. Under Comair's manual system, the replacement ofthe fire extinguisher bottle on N81OCA had to be completed in accordance (among other things) with Bombardier AMMtasks 26-21-07-400-801 and 26-21-01-720-801.5. a. The installation was improperly performed in that Comair did not connect the aircraft electrical connectorto the fire extinguisherbottle. b. As a result, Comair could not have performed functional checks that are required to return the aircraft to service. 6. After this improper installation, Comair operated N81OCA on approximately 30 flights from January 13, 2011, to January 18, 2011, before the problem was discovered and corrected. 7. These operations were in violation ofComair's operations specifications. 8. Civil aircraft N810CA was in an unairworthy condition at the time ofthe flights. III. 9. By reason ofthe foregoing facts and circumstances, Respondent violated the following sections ofthe Federal Aviation Regulations: As aresult, Comair violatedthe following sections ofthe Federal Aviation Regulations:
a. Section 43.13(a) in that each person performing maintenance, alteration, or preventive maintenance on an aircraft, engine, propeller, or appliance shall use the methods, techniques, and practices prescribed in the current manufacturer's maintenance manual or Instructions for Continued Airworthiness prepared by its manufacturer, or other methods, techniques, and practices acceptable to the Administrator, except as noted in 43.16. b. Section 119.5(g) in that no person may operate as a direct air carrier or as a commercial operator without, or in violation**of~** an appropriate certificate and appropriate operations specifications;
c. Section 119.5(1) in that no person may operate an aircraft under this part, part 121 of this chapter, or part 135 of this chapter in violation of an air carrier operating certificate, operating certificate, or appropriate operations specifications issued under this part; and d. Section 121.153(a)(2) in that except as provided in paragraph (c) ofthis section, no certificate holder may operate an aircraft unless that aircraft is in an airworthy condition and meets the applicable airworthiness requirements of this chapter, including those relating to identification and equipment.10. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to acivil penalty not to exceed $25,000 for each ofthe violations alleged. II. Underthe facts and circumstances ofthis case, a civil penalty of$317,500 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an orderthat Respondent be assessed a civil penalty in the amount of$317,500.

### ~l' Respectfully submittedthis 

# '?.. 't day ofMay, 2014.

CHRISTOPHER R. STEVENSON Attorney Office ofthe Regional Counsel
PLEASE NOTE: Pursuant to Title 14 CFR Section 13.209(a), you are required to file awritten answerto this Complaint, or awritten Motion to Dismiss ifappropriate, not later than 30 days after the date shown on the Certificate ofService which follows.CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complainthas been mailed this date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Comair, Inc. Don Bornhorst, President & CEO 77 Comair Blvd. Erlanger, KY 41018 DeltaAir Lines Inc. James McClain P.O. Box 20706 Dept 982 Atlanta, GA 30320 Robert P. Silverberg, Esq. 1101 30'h Street, NW, Suite 120 Washington, DC 20007



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