08/14/2012 09:10 FAX 2024935142 

U, S. Department 

of Tr,~nsporration 

Feden1l Aviation 

. Admini~tralioll 

In Reply 

Refcru): AGL-7K 

FAA 

RECEIVED 

Great Lakes Region , , .... 

JUL 2 3 20t2 2300 Ea::;l Di.l'-'Oll .Avenue :1 . 

· KE. J Des Plaine:;, Jllinoi~ 60018-469,~~ 

HEARING DOC _c: 

20 11-GL-23-0099 

July 16,2012. 

~001/005 

Area Code 84 7 294-73 13 

CERTIFTED 

Hearing Docket 

Federal A viarion Administration 

Hearing Docket Clerk, AGC-430 

Wilber Wright Building- Suite 2Wl000 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Re: Kalittn Air, LLC / FOmS · ~0 le< .. 0 7 8' ct,l 

FAA Case No.: 2011-GL~23·0099/!~ra ,.ftvJA- C.ff- )I Cf SS 

Enclosed herewith please find the original and one copy of the Complafnt in the above-referenced 

proceeding. 

The FAA requests that the hearing in this matter be held in Ann Arbor, Michigan, and expects that the 

hearing will last one day. 

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

Chris G. Zurales 

Federal Aviation Administration 

Great Lakes Region, AGL-7K 

2300 East Devon Avenue 

Des Plaines, lL 60018-4696 

Phone (847) 294-7713 

Enclosures: Complaint 

Fax (847) 294-7498 

cc: Respondent (w/copy of Complaint), Respondent's Counsel (w/c<.1py of Complaint) 
08/14/2012 09:11 FAX 2024935142 FAA @ 002/005 

U.S. DEPARTM.ENT OF TRANSPORTATION 

Office of Hearings 

Washington, D.C. 

Kalitta Air, LLC 

FAA DOCKET NO. CP*not yet assigned* 

(EIR 20 ll·GL-23-0099) 

(Civil Penalty Action) 

Administrative Law Judge *not yet assigned* 

COMPLAINT 

RECEIVED 

JUL 2 3 2012 

HEARING DOCKET 

On June 27, 2012, Respondent, Kalitta Air, LLC (Kalitta) was advised through a Final Notice of 

Proposed Civil Penalty that the F M proposed to assess a civil penalty in the amount of 

$10,000.00. Kalitta, by counsel, has ~ubmittcd a written request for a hearing, dated July 12, 

2012, which was received by the Agency Attorney on July 13,2012. 

I 

·The .Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to 

Rule 208 ofthe Rules of Practice (14 C.P.R. 13.208), and states as follows: 

1. Kalitta now holds, and at all limes relevant hereto held, Air Carrier Operator 

Ceni1icatc number K CSA 712A, which allows Kalilta to operate aircraft under 

Part 121 of the Federal Aviation Regulations, conducting Supplemental 

Operations. 

2. At all times relevant hereto, in its operations under Part 121, Kalitta employed a 

pilot Michael Davis. 
08/14/2012 08:11 FAX 2024835142 FAA ~ 003/005 

2 

3. On March 23, 20 II, Kalitta as:signed and Michael Davis accepted an assigrunent 

to fly, a Boeing 747, registered as N704CK, on a flight from Newark, New Jersey, 

to Liege, Delgium. 

4. At rhe time Kalitta assigned Michael Davis to the March 23; 2011 flight, he had 

not been relieved trom all duty for at least 24 cons~cutive hours at least once 

during the preceding seven days. 

By reason of the foregoing facts and circumstances, Kalitta violated Section 121.503( c) of the 

Federal Aviation Regulations which requires that each certificate h<)lder conducting 

. supplemental operations shall relieve each pilot from all duty for at least 24 consecuLive hours at 

least once during any seven consecutive day~. 

II 

1. Pursuant to Title 49 of the United States Cod~. Section 46301 (49 U.S.C. § 46301)~ Kalitta is 

subject lO a civil penalty nor to exceed $25,000.00 for each violation alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $10,000.00 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 an~ount of· 

$10,000.00. 

Respectfully submitted this l61

h day or July 2012. 

ris G. Zurales 

· Senior Attorney 

federal Aviation Administration 

Great Lakes Region, AGL-7K 

2300 East Devon A venue 

Oes Plaines, IL 6001 S 

Phone: (847) 294-7713 

Fax: (847) 294-7498 
08/14/2012 09:11 FAX 2024935142 FAA 

Certificate of Service 

I hereby certify that the foregoing Complaint has been mailed this 16111 day of July 2012, by 

Certified Mail, Retum Receipt Requested, to: 

Original and One Copy: 

Hearing Docket 

Federal Aviation Administration 

Hearing Docket Clerk, AGC-430 

Wilber Wright Building- Suite 2W1 000 

800 Ind~pendence Avenue, S. W. 

Washington, DC 20591 

One Copy: 

Mr. George W Kelsey 

Secretary/Corporate Counsel 

Ka1itta Air, LLC 

2395 S. Huron Parkway, Suite 200 

Ann Arbor, Michigan 48 I 04 

Telephone: 

Fax: 

Email: 

(not provided) 

{not provided) 

(not provided) 

Mr. Conntd Kalitta 

Kalitta Air, LLC 

8 1 8 Willow Run Airport 

Ypsilanti, MI 49198 

Dated this 161h day of July 2012. 

Tammy Gardner 

Legal Technician 

FAA Great Lakes 

141004/005 

3 
08/14/2012 09:11 FAX 2024935142 

... ' -· 

July 12, 2012 

Hearing Docket 

Federal Aviation Administration 

600 Independence Ave. SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk AGC-430 

FAA 

Wilber Wright Building- Suite 2W1000 

Re: FAA Case No. AGL-7K 

2011-GL-23-0099 

Dear Sir/Madam: 

Ill 005/005 

Via federal Express 

Kalitta Air, LLC is in receipt of the Final Notice of Proposed Civil Penalty dated June 27, 2012. Kalitta Air 

hereby requests a formal hearing in this matter pursuant to Section 13.16 of the Federal Aviation 

Regulations (14 CFR 13.16) and related regulations. 

Kalitta Air submits that its request for a hearing in this matter has been properly made on the grounds 

that: 

1. This request is being sent within 15 days of receipt of the Final Notice; 

2. A copy of this Request has been simultaneously mailed to the agency attorney responsible to this 

case. 

We will await word regarding a hearing date. Please assure that a copy of the complaint is sent to me at 

my office: 2395 S. Huron Parkway, Suite 200, Ann Arbor, Michigan 48104. . 

Very truly yours, 

cc: Chris G. Zurales, Senior Attorney (via Federal Express) 

Jeffrey A. Klang, Regional Counsel (via Federal Express) 

D.C. Sanderlin, Kalitta Air, LLC 

g:lklkalitts\sir'ld\davis, micha$/-faa investigatoty heaing-2012Vaa-hearing docket clerl<-/etter·0711212 to-v1-dem.doc 

818 Willow Run Ai,port. Ypsilanti, Ml 48198 

T~leplrmrc 734-484-0088 

Fa.r. r,U.S#-5008