U.S. Department 

of Transportation 

Federal Aviation 

Administration 

~~: ~~~· ZD'i 1

J 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3266 

Facsimile: (718) 995-5699 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

1 Aviation Plaza 

Jamaica, NY 11434 

MAR 0 2 2015 

D 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

Washington, DC 20591 

HEARING DOCKET 

:J() \CO- Od-OLJ? 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter ofNortheastem Aviation Corporation 

Docket No. 2011EA110045 

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

the FAA's Complaint 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, NY area, and 

expects that the hearing will last two (2) days. 

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

of Daniel P. Kohlmeyer, Office of the Regional Counsel, 1 Aviation Plaza, Jamaica, NY 

11434. 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Enclosures 
Eckert Seamans Cherin & Mellott, LLC 

1717 Pennsylvania Avenue, N.W. 

1EL 202 659 6600 

FAX 202 659 6699 

12th Floor www.eckertseamans.com 

Washington, D.C. 20006 

ATTORNEYS AT LAW 

February 12,2015 

Request for Formal Hearing 

Hearing Docket, Federal Aviation Administration 

Attn: Hearing Docket Clerk 

AGC-430, Wilbur Wright Building; Room 2014 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Re: Northeastern- Docket No.: 2011EA110045 

Dear Hearing Docket Clerk: 

Evelyn D. Sahr 

esahr@eckertseamans.com 

(202) 659-6622 

Rw:::rFn F=n 

r:.:: \J t: ~ " i:: u 

FEB l 2 20!5 

HEARING DOCl<FT 

Please be advised that Northeastern hereby requests a formal hearing in accordance with 

Section 13.16 of the Federal Aviation Regulations, and attaches the Response Attachment 

Farm. Northeastern certifies that a copy of this Request for Hearing and the Response 

Attachment is being sent to the Eastern Regional FAA Attorney, Daniel Kohhneyer by 

overnight mail. We request that you docket this request accordingly. 

Thank you for your consideration. 

EDS/crg 

Enclosure 

cc: Daniel Kohhneyer, Esquire 

Regional Counsel 

U.S. DOT/FAA 

Eastern Region 

1 Aviation Plaza 

Jamaica, NY 11434 

Very truly yours, 

{afl(vt,.O S:-c~~c_ 

Evelyn D. Sahr 
Regional Counsel for the Eastern Region 

Federal Aviation Administration 

Date 

1 Aviation Plaza fEB i 2 20!5 

HFARING onr 

Jamaica, NY 11434 

Northeastern Aviation Corporation- 201IEA110045 

Subject Final Notice of Proposed Civil Penalty 

Resoonse Attachment 

In reply to your Final Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check mark beside the numbered 

paragraph below: 

1. U I hereby submit the amount of the proposed civil penalty with the understanding that an Order Assessing Civil Penalty will 

be issued in that amount 

2. ~ I hereby request a formal hearing in accordance with Section 13.16 of the Federal Aviation Regulations. 

By sending this form to the Federal Aviation Administration, Eastern Region, I also hereby 

certify that' a copy of this form has been filed with the Hearing Docket Clerk (Headng Docket, 

Federal Aviiltian· Administration, 800 Independence Avenue, S.W., Washington, DC 20591, 

Attention: Hearing Docket Clerk). 

**Please note that vou will not be entitled to a hearing ifvou file this fonn with the Federal Aviation Administration. Eastern Recion. 

WITHOUT having- filed this fonn or a written request for a hearin!! v.~th the HEARING DOCKET CLERK. 

!YIY ATTORNEY/REPRESENTATIVE 

Address: 

HomePho_n_e~}i~o-.----------

Business Phone No. _____ _ 

PRIVACY ACT NOTICE 

This notice is provided in accordance with Section (e){3) of the Privacy Act, 5 U.S.C. §5S2a(e)(3), and concerns the infonnation 

requested in the letter or form with which this Notice is enclosed. 

A Authoritv. This infonnation i:s sOlicited pursuant to 49 U.S.C.llOl .m; ~., and regulations issued thereunder 

codified in Part 13 ofTrtle ~4 of the Code of Federal Regulations. Submission of the telephone number is 

voluntary. The request for information is intended to provide you with an opportunity to participate in the 

investigation. 

B. Principal Puroose. The requested information is intended to assist us in contacting you regarding this 

enforcement case. 

C. Routine Uses. Records from this system of records may be disclosed in accordance with the routine uses as 

they appear in System of Records No. DOT IF M 847 as published from time to time in the Federal Re.dster. 

D. Effect of Failure to Respond. If you do not provide the requested information, there may be delaY in contacting 

you regarding this enforcement case. 
~ I 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

MAR 0 2 2015 

HEARING DOCKET 

In the Matter of Northeastern Aviation Corp. 

2011EA110045 

Judge Not Assigned 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as 

follows: 

I 

Respondent, Northeastern Aviation Corporation, was advised through a Final Notice 

of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of$49,500. On February 12, 2015, Respondent submitted a written demand 

for a hearing. 

II 

1. Northeastern is the holder Air Carrier Certificate No. AOYA206C, 

issued pursuant to Part 135 of the Federal Aviation Regulations (14 

C.P.R.). 
2. Among the aircraft that Northeastern operates are: 

a. Beechcraft B200, identification number N72MM, and 

b. Embracer EMB-135 BJ, identification number N605WG. 

3. Both of the airplanes described in the preceding paragraph are U.S.-

registered civil aircraft. 

4. An Airplane Flight Manual has been issued for each of the airplanes 

described above pursuant to Part 21 of the Federal Aviation 

Regulations (14 C.F.R.). 

5. Between the dates May 4, 2010, and April 29, 2011, Northeastern 

operated aircraft N72MM on more than 160 flights. 

6. For each of the flights described in the preceding paragraph, the 

Airplane Flight Manual on board aircraft N72MM was missing parts 

of a revision issued on or about September 1984. 

7. Due to the missing revisions, Northeastern failed to have available in 

aircraft N72MM a current, approved Airplane Flight Manual for 

each of the flights described in paragraph 5 above. 

2 
8. Between the dates May 11, 2010, and April 30, 2011, Northeastern 

operated aircraft N605WG on more than 170 flights. 

9. For each of the flights described in the preceding paragraph, the 

Airplane Flight Manual on board aircraft N605WG was mrssmg 

parts of a revision issued on or about January 2008. 

10. Due to the missing revisions, Northeastern failed to have in aircraft 

N605WG a current, approved Airplane Flight Manual for each of the 

flights described in paragraph 8 above. 

By reason of the foregoing, Northeastern violated the following sections of the 

Federal Aviation Regulations: 

a. Section 91.9(b)(1), which states that no person may operate a U.S.-

registered civil aircraft for which an Airplane or Rotorcraft Flight 

Manual is required by §21.5 of this chapter unless there is available in 

the aircraft a current, approved Airplane or Rotorcraft Flight Manual 

or the manual provided for in §121.141(b). 

3 
IV 

1. Pursuant to 49 U.S.C. §46301(a)(1), Respondent is subject to a civil penalty not 

to exceed $25,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $49,500 is 

appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount 

of$49,500. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: --£~~~-4~· ~=-----­ Daniel P. Kohlmeyer 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3266 

718 995-5699 

4 
NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must 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. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 

5 
CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail - Retum Receipt Requested addressed 

as follows: 

Eckert, Seamans, Cherin & Mellott, LLC 

Evelyn D. Sahr 

1717 Pennsylvania Avenue, N.W. 

12th Floor 

Washington, DC 20006 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

~IF FILING BY FEDERAL EXPRESS 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building- Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

&-,£z L" Hooks 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

6