U.S. Department ofTransportation Federal Aviation Administration

**~~: ~~~·**  ZD'i 1 J Eastern Region Regional Counsel Telephone: 718 553-3266 Facsimile: (718) 995-5699 CERTIFIED MAIL
- RETURNRECEIPT REQUESTED 1 Aviation Plaza Jamaica, NY 11434


## MAR 022015 

# D

Federal AviationAdministration 800 IndependenceAvenue, 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: Inthe Matter ofNortheastemAviation Corporation DocketNo. 2011EA110045 Enclosed herein please find a copy ofa request for hearing and the original and one copy of the FAA's Complaint in the above-entitled action for filing, together with proofof 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 lasttwo (2) days. Please address all communications for the Federal Aviation Administration to the attention ofDaniel P. Kohlmeyer, Office ofthe Regional Counsel, 1 Aviation Plaza, Jamaica, NY 11434. AlfredR. Johnson, Jr. Regional Counsel By:

EnclosuresEckert Seamans Cherin & Mellott, LLC 1717 PennsylvaniaAvenue, N.W. 1EL 202 659 6600 FAX 202 659 6699 www.eckertseamans.com 12th Floor 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 WrightBuilding; Room 2014 Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Re: Northeastern- Docket No.: 2011EA110045 DearHearing Docket Clerk: Evelyn D. Sahr esahr@eckertseamans.com (202) 659-6622 

# Rw:::rFn F=n 

# r:.:: \J

# t:**~** 

# " i::

# u FEB l 220!5 HEARING DOCl<FT

Please be advisedthatNortheastern hereby requests a formal hearing in accordance with Section 13.16 ofthe Federal AviationRegulations, and attaches the Response Attachment Farm. Northeastern certifies that a copy ofthis Request for Hearing and the Response Attachmentis being sent to the Eastern Regional FAAAttorney, Daniel Kohhneyer by overnight mail. We request that you docketthis request accordingly. Thank you for your consideration.

EDS/crg Enclosure
cc: Daniel Kohhneyer, Esquire Regional Counsel U.S. DOT/FAA EasternRegion 1AviationPlaza Jamaica, NY 11434 Very truly yours, 

# {afl(vt,.O**S:-c~~c_** EvelynD. SahrRegional Counsel for the Eastern Region Federal AviationAdministration Date 1 Aviation Plaza 

## fEB i 

## 2 20!5 HFARING 

# onr Jamaica,NY 11434 Northeastern Aviation Corporation- 201IEA110045 Subject Final Notice ofProposed 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 submitthe amount ofthe proposed civil penalty with the understandingthat an OrderAssessing Civil Penaltywill be issued in that amount 2.

**~** I herebyrequesta formal hearing in accordancewith Section 13.16 ofthe Federal AviationRegulations. By sending this form to the Federal Aviation Administration, Eastern Region, I also hereby certify that'a copy ofthis form has been filed with the HearingDocket Clerk(HeadngDocket, Federal Aviiltian· Administration, 800 Independence Avenue, S.W., Washington, DC 20591, Attention: Hearing Docket Clerk). **Please note thatvouwill notbe entitled to a hearing ifvou file this fonn with the Federal Aviation Administration. Eastern Recion. WITHOUT having- filed this fonn or awritten requestfor a hearin!!

**v.~th** the HEARINGDOCKET CLERK. !YIY ATTORNEY/REPRESENTATIVE

Address:

**HomePho_n_e~}i~o-.----------** Business PhoneNo. _____ _ PRIVACYACTNOTICE This notice is provided in accordance with Section (e){3) ofthe Privacy Act, 5 U.S.C. §5S2a(e)(3), and concerns the infonnation requested in the letterorform with whichthis 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** ofthe Code ofFederal Regulations. Submission ofthe 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 ofRecords No. DOTIF M 847 as published from timeto time in the FederalRe.dster. D. Effect ofFailure to Respond. Ifyou do notprovide the requested information,there may be delaY in contacting youregarding this enforcement case.**~** 

## I U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

## MAR 022015 HEARING DOCKET
In the Matter ofNortheastern Aviation Corp. 2011EA110045 Judge NotAssigned

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. OnFebruary 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 ofthe Federal Aviation Regulations (14 C.P.R.).

### 2. Among the aircraft that Northeastern operates are:

a. BeechcraftB200, identification number N72MM, and b. Embracer EMB-135 BJ, identification numberN605WG.
3. Both ofthe airplanes described in the preceding paragraph are U.S.- registered civil aircraft. 4. An Airplane Flight Manual has been issued for each ofthe 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 aircraftN72MM 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 ofarevision 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 ofthe flights described in paragraph 5 above.

2

### 8. Between the dates May 11, 2010, and April 30, 2011, Northeastern operated aircraft N605WG onmore 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 ofa 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 ofthe flights described inparagraph 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 ofthis 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).

3IV

1. Pursuant to 49 U.S.C. §46301(a)(1), Respondent is subject to a civil penalty not to exceed $25,000 for each ofthe violations alleged. 2. Under the facts and circumstances of this case, a civil penalty of $49,500 is appropriate.
WHEREFORE, theFAA, by counsel, respectfullyrequests 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 AviationAdministration 1AviationPlaza 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, ofthe FederalAviation 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 afterthe date shown on the Certificate ofService. A general denial is deemed a failure to file an answer (Section 13.209(e)).

5CERTIFICATE OF SERVICE I hereby certifY that the foregoing Complaint has been placed this date in the United States mail, postage prepaid, by Certified Mail

- RetumReceiptRequested addressed as follows: Eckert, Seamans, Cherin & Mellott, LLC Evelyn D. Sahr 1717 Pennsylvania Avenue, N.W. 12thFloor Washington, DC 20006 Federal AviationAdministration (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** FILINGBYFEDERAL EXPRESS Federal AviationAdministration (Original and one copy) 600 Independence Avenue, SW Wilbur Wright Building- Room 2014 Washington, DC 20591 Attn: HearingDocket Clerk, AGC-430

# &-,£z
L" Hooks Paralegal Specialist Federal AviationAdministration Office ofRegional Counsel 1AviationPlaza Jamaica, NY 11434

6