o 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southwest Region 

Arkansas, Louisiana, 

New Mexico, Oklatioma 

Texas 

Office of Regional Counsel 

2601 Meacham Blvd.. Rm. 663 

Fort Worth, TX 76137 

{817)222-5099 

(817) 222-5945/5092 FAX 

January 6, 2011 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

In the Matter of Cisco Aviation, LLC 

Docket No. CP - To Be Assigned 

CaseNo. 2009SW170129 /(Lf f/S'UOOOO 

Dear Sir or Madam: 

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Enclosed are the original and one copy of the complaint in the above-referenced proceeding. 

The Complainant requests that the hearing in this matter be held in the Houston, Texas area, and 

expects that the hearing will last one (1) day. 

Please serve me with all documents in this matter. 

Yolanda Ayala Bemal, ASW-7E3 

Federal Aviation Administration 

Southwest Region 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137 

DAVID L. DONNELL 

Acting Regional Counsel 

Southwest Region 

By: 

Yolanda Ayala Bemal 

Attorney 

Safety Enforcement Branch 

Phone: (817)222-5070 

FAX: (817) 222-5945 or 5092 

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Enclosure 

IAN 1 ; 2Q11 

'EARING EDOCKET 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

CISCO AVIATION, LLC 

FAA Case No. 2009SW170129 

FAA Docket CP No. - To Be Assigned 

Judge Not Assigned 

COMPLAINT 

The Complainant files its complaint, under Rule 208 of the Rules of Practice in FAA 

Civil Penalty Actions, 14 CFR §13.208, and states the following: 

I. 

Respondent Cisco Aviation, LLC (Cisco) was advised through a Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of $30,800.00. On 

December 27, 2010, Respondent submitted a written request for a hearing. 

II. 

1. At all times pertinent herein Cisco Aviation LLC, hereinafter referred to as Cisco, was 

not the holder of an agricultural aircraft operator certificate issued under Part 137 of the 

Federal Aviation Regulations (FARs). 

2. At all times pertinent herein, Cisco was the registered owner of a Bell, model 47 

helicopter, civil aircraft no. N8420E. 

3. On or about April 21, 2009, Cisco entered into a Subcontract Agreement with 

Continental Helicopters, Inc., a Part 137 operator, "to perform all of Continental's spraying 

work and other obligations" to the Texas Boll Weevil Eradication Foundation, Inc. 

4. Cisco conducted agricultural aircraft operations without, or in violation of, an 

agricultural aircraft operator certificate issued under Part 137 of the FARs on fourteen 

(14) flights by operating N8420E in the service of the Texas Boll Weevil Eradication 

Foundation, Inc. in the vicinity of Wharton and Caldwell counties, in the state of Texas, 

from May 12, 2009, to June 5, 2009. 

5. The pilot in command on the flights addressed in paragraph 4 above was Jim 

Bamhill. 

6. By reason of the foregoing, Cisco violated Section 137.11(a) of the Federal 
Aviation Regulations (Title 14, Code of Federal Regulations) in that Cisco conducted 

agricultural aircraft operations without or in violation of an agricultural aircraft operator 

certificate issued under part 137 of the FARs. 

III. 

1. Under 49 U.S.C. §46301, Cisco is subject to a civil penalty for each of the 

violations alleged. The maximum penalty per violation is $11,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of $30,800.00 is 

appropriate. 

Complainant respectftiUy requests that the administrative law judge enter an order that 

Respondent Cisco be assessed a civil penalty in the amount of $30,800.00. 

Submitted this 6^ day of January 2011. 

DAVID L. DONNELL 

Acting Regional Counsel 

Southwest Region 

By: 

Yolanda Ayala Bemal 

Attorney 

Safety Enforcement Branch 

Phone: (817)222-5070 

FAX: (817) 222-5945 or 5092 e-mail: Yolanda.A.Bernal(ai,faa.gov 
CERTIFICATE OF SERVICE 

1 certify that the foregoing Complaint has been mailed this date by Certified Mail, Return 

Receipt Requested, to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

George E. Crow, Esq. 

Aviation Law Firm 

P.O. Box 30 

Kaly,TX 77492-0030 

TEL: (281)391-9275 

Clyde E. Barton, Manager 

Cisco Aviation, LLC 

16055 Space Center Blvd., Suite 235 

Houston, TX 77062-6212 

JLM ^ (f. ^:fU>^^ 

Sylym C. Twa, Paralegal Specialist 

Federal Aviation Administration 

Office of the Regional Counsel 

Southwest Region 

Date: January 6. 2011