U.S. Department Southern Region 

of Transportation Office of the Regional Counsel 

Federal Aviation 

Administration 

,M~Y L2l9 2014 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Comair, Inc. 

FAA Case No. 2011S0271013 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

RECEIVED 

JUN 01,2014 

HEARING DOCKET 

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

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Atlanta, Georgia area, and 

expects that the hearing will last two days. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the 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 of the Regional Counsel 

Enclosures 
SILVERBERG 

GoLDMAN& 

BIKOFF, L.L.P 

ATTORNEYS AT LAW 

VIAFEDEX 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building 

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 of Comair, Inc. 

FAA Case No. 2011S0271013 

Dear Sir or Madam: 

Pursuant to § 13.16(g)(2)(ii) of the 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 of the 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 

Very truly yours, 

SILVERBERG, GOLDMAN & BIKOFF, LLP 

Attorneys for 

COMAIR, INC. 

By ?:;,i~<Y 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Comair, Inc. 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (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 that the FAA proposed to assess a civil penalty in the amount of 

$317,500. On May 21, 2014, the Agency Attorney received a written request for a hearing from 

the Respondent. 

II. 

2. At all times material herein Comair was the holder of Air Carrier Certificate No. 

COMA005B. 

3. On January 13, 2011, Comair removed and replaced the right (number two) 

engine fire extinguisher bottle on civil aircraft N81 OCA, a Canadair CL-600-2B 19. 

4. a. Comair's operations specifications require that all maintenance be 

performed in accordance with the approved Comair manual system. 

b. Under Comair' s manual system, the replacement of the fire extinguisher 

bottle on N81 OCA had to be completed in accordance (among other things) with Bombardier 

AMM tasks 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 connector to the fire extinguisher bottle. 

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 N81 OCA 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 of Comair's operations specifications. 

8. Civil aircraft N810CA was in an unairworthy condition at the time of the flights. 

III. 

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

following sections of the Federal Aviation Regulations: 

As a result, Comair violated the following sections of the 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) of this 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 a civil 

penalty not to exceed $25,000 for each of the violations alleged. 

II. Under the facts and circumstances of this case, a civil penalty of$317,500 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $317,500. 

~l' Respectfully submitted this '?.. 't day ofMay, 2014. 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 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 30 days after the date 

shown on the Certificate of Service which follows. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has 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 

Delta Air 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 

"MAY .2.9 20.:c.:..:14~. __ Dated 

(original+ I copy)