U.S. Department ofTransportation Eastern Region Regional counsel Telephone:**7~8** 553-3278 Facsimile: 718 995-5699 Federal AViation Administration 

### JUN \ 

## r) 2G\2 

### CERTIFIED

## MAlL-RETllliliRECEIPTRE UESTED Federal Aviation Administration
· · 800

### IndependenceAvenu~, S.W. Attn: HearingDocket Clerk, A.oc.::430 

### WilburWrightBuilding-Room 2014 Washington, DC 20591**~** Aviation Plaza Jamaica, NY**1~434** 

# RECElVED,. JUN262013 

## HEARiNG DOCKET l -.· '- i**·-~** j It

.. · I 1**~-** , ;



### ATfN:H£ARINGDOCKET CLERK 

# . . . I """' d-t>t3""e;;l.qt) Re:IntheMatter ofJetLogtsttcs,Inc. 

## F"D".....
_ ..o·;;2.

## 358'(. DocketNo. 2012EA680047 

## ,;lJ)f3 •Au:HI·=· Enclosedherein please find a copy ofarequest for hearing andthe original and one copy ofthe FA.Ns Complaint in the above-entitled action for filing, together with

## p~.oo,fo~**~ervice**upon the Respondent. The FA,f\:requests that the hearing in this matter be 

### held in the Charlotte, NC area, and expect"

# r~~i:t\J.ehearing

### will last one (1) 

### day
.. Please address 

### all communications for the Federal Aviation Administration to the attention of Jose 

### L. Nieves, Esq.; Office ofthORegional Counsel, 1 AviationPlaza Jamaica, 

### NY 11434. Sincerely, AlfredR. Johnson, Jr. Regional Counsel

By:**E.nelosv~:es** 

### , it. :;·,.! ., • 

### 1 :,c;"·'-

{'**~;j;** t ·. ;**~**
I,' •• ,. '•**~** . i ' \

';.; :**·~,** ' ,**~** 1 ' ' •• , ' I 1 : 0**~-** I
,,.... '.; ·.'·.··-:.'.

I '**~** ; ' ,', ( I'' ,j(

### U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.

·· ·········· Inthe

### Matter ofJetLogistics,Inc.
. . . ... _ . 2012EA680047 · J, 

### Judge NotAssigned



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

. I ' 

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

### Respondent, Jet Logistics, Inc., was advised through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of '

. '·i' ,·. ,._ ,J. 

### $40,000. On June 13, 2013, Respondent

## s~bPl.i1;\ed awritten demand for ahearing.

• , ' • ' ' ; ': I**~** II 1. 

### At all times relevant herein, Jet Logistics, Inc. (hereinafter "Jet Logistics"), was the holder ofPart 135 Air Carrier Certificate No. ZP7A427J. 2. At all times relevant herein, the operations of Jet Logistics were subject to the requirements of the operations specifications of Jet Logistics (hereinafter "the operations specifications").

\.

### ----------------------------······ --· ·- -----

,,. ' •• \.... l' !; '· ,•i**~**...' ' ' 3. On or about June 28, 2012, Jet Logistics operated a BAE-125-800A aircraft, identification number N798PA (hereinafter "the aircraft"), on a flight from Monterey Peninsula, CA, to Honolulu, HI (hereinafter "Flight#1'). _, 4. On or about July 3, 2012, Jet Logistics operated the aircraft on a flight from Kakului, HI,**~o** Oakland, CA (hereinafter "Flight#2"). 5. Flight #1 was a Part 135 flight. 6. Robin S. Dill acted as pilot in command operating the aircraft for Flight #1 for Jet Logistics from Monterey Peninsula, CA, to Honolulu, HI. 7. Luis A. Rios acted as second in command operating the aircraft for Flight #1 for Jet Logistics from Monterey Peninsula, CA, to Honolulu, ID. 8. Flight #2 was a Part 135 P,ight. · 9. For flight #2, RobinS. Dill acted as pilot in command operating the aircraft on a JetLogistics flight from**K~kului,** HI, to Oakland, CA. 10. Flight#1 and Flight #2; were both extended overseas operations over the Pacific Ocean. 11. Jest Logistics was not :authorized to conduct extended overseas operations over the Pacific Ocean. 12. By reason ofthe above, Jet Logistics knowingly operated Flight #1 in a geographical location that was not authorized by its Operations Specifications. 13. Jet Logistics operated Flight #2 in a geographical location that was not authorizedby its Operations Specifications 14. Jet Logistics Training Records show that Robin S. Dill did not receive a Section 135.293(a)(l) oral checkon Mr. Dill's knowledge in the appropriate provisions bfpa.rtS·61, 91, and 135 ofthis chapter and the operations specifications, and.the Jet Logistics' manual since -. the beginning ofthe 12th Calendar i,nqnth before operating Flight # 1 and Flight#2. ·
215. Jet Logistics Training Records show that Robin S. Dill did not receive a Section 135.293(a)(4) oral check on Mr. Dill's knowledge navigation and use ofair navigation aids appropriate to the operation or pilot authorization, · including, when applicable, instrument approach facilities and**procetlur~~·** .sj_nC\! the beginning of the lzth Calendar month before operating Flight#1 and Flight#2. L.
.. 16. Jet Logistics Training Records show that Robin S. Dill did not receive a Section 135.293(a)(5) oral check on Mr. Dill's knowledge in air traffic procedures, including IFR procedures when applicable since the beginning of the 12th· Calendar month before operating Flight# 1and Flight #2. 17. Jet Logistics Training Records show that Robin S. Dill did not receive a Section 135.293(a)(6) oral check on 

### Mr. Dill's knowledge in meteorology in general, including the principles of frontal systems, icing, fog, thunderstorms, and windshear, and ifappropriate for the operation ofthe certificate holder, high altitude weather since the beginning ofthe 12th Calendar month before operating Flight #1 and Flight #2. 18. Jet Logistics Training Records show that Robin S. Dill did not receive a Section 135.293(a)(7) oral check on 

### Mr. Dill's knowledge procedures for recognizing and,**~;yoid.ing** severe weather situations, escaping from severe . weather situations, in case of inadvertent encounters, including low-altitude windshear, and operating in or near thunderstorms (including best penetrating altitudes), turbulent air (including clear air turbulence), 'icing, hail, and other potentially hazardous meteorological conditions since the beginning ofthe 12th Calendarmonth before operating Flight# 1 and Flight#2. 19. Jet Logistics Training Records show that Robin S. Dill did not receive a Section 135.293(a)(8) oral check on Mr. Dill's knowledge new equipment procedures, or techniques, as appropriate since the beginning ofthe 12th Calendar month before operating Flight # 1 and Flight#2. 20. Jet Logistics Training Records show that Luis A. Rios did not receive a Section 135.293(a)(l) oral check on Mr. Rios' knowledge in the appropriate provisions ofparts 61, 91, and 135 ofthis chapter

3 .,1.and the operations specifications, and the Jet Logistics' manual since the beginning ofthe 

### lzth Calendar month before operating Flight#1. 21. Jet Logistics Training Records show that Luis A. Rios did not receive a Section 135.293(a)(l) oral check on 

### Mr. Rios' knowledge navigation and use ofairnavigation aids appropriate to the operation or pilot authorization, including, when applicable, instrument approach facilities and procedures since the beginning of the 12th Calendarmonth before operating Flight# 1 and Flight#2
.

. ::r :**~.V.:** 22. Jet Logistics Training Records ,show. that Luis A. Rios did not receive a Section 135.293(a)(4) oral check on Mr. Rios' knowledge in the appropriate provisions ofparts 61, 91, and 135 ofthis chapter and the operations specifications and the Jet Logistics' manual since the beginning ofthe 12th Calendar month before operating Flight #1 and Flight#2. 23. Jet Logistics Training Rec0rds show that Luis A. Rios did not receive a Section 135.293(a)(5) oral check on Mr. Rios' knowledge in airtraffic procedures, including IFR procedures when applicable since the beginning of the 12th Calendar month before operating Flight# 1and Flight#2. 24. Jet Logistics Training Records show that Luis A. Rios did not receive a Section 135.293(a)(6) oral check on Mr. Rios' knowledge in meteorology in general, including the principles of frontal systems, icing, fog, thunderstorms, and windshear, and ifappropriate for the operation ofthe certificate holder, high altitude weather since the beginning ofthe 12th Calendar**m~nth** before operating Flight #1 and Flight #2. ·, . · , , 1

. t·
. !

I 25. Jet Logistics Training
.Records show that L1,1is A. Rios did not receive a Section 135.293(a)(7) oral check on 

### Mr. Rios' knowledge procedures for recognizing and avoiding severe weather situations, escaping from**sever~** weather situations, in case of inadvertent encounters, including low-altitude windshear, and operating in or near thunderstorms (including best penetrating altitudes), turbulent air (including clear air turbulence), icing, hail, and other potentially hazardous meteorological conditions since the beginning ofthe 12th Calendarmonth before operating Flight #1 and Flight#2.

4

·"I;';**----------------------~-** '" '''' 

### ---

26.

27.

28.

29. '- Jet Logistics Training Records show that Luis A. Rios did not receive a Section 135.293(a)(8) oral check on Mr. Rios' knowledge new equipment procedures,' or techniques, as appropriate since the beginning ofthe 12th Calendar month before operating Flight #1 and Flight#2.
I By reason ofthe above, 'Robin S. 

## Dill operated the aircraft as

### pilot~· in-command for Flight # 1 and Flight #2 while he did not have the required checks under 135.293(a)(l) and 135.293(a)(4-8). By reason ofthe above, Luis A. Rios operated the aircraft as secondin-command for Flight #1 while he did not have the required checks under 135.293(a)(l) and 135.293(a)(4-8). By reason of the above, Jet Logistics operated the aircraft in a careless or recldess manner so as to endanger the life or property of another. f**~~<**

I 

### III : ' I '**~** ,·, By reason of the foregqing facts and Circumstances, Respondent violated the following section ofthe Federal Aviation Regulations:
a. Section 91.13(a), which states that nb person may operate an aircraft in
a careless or reckless manner so as to endanger the life or property of · another. b. Section 119.5(g), which states that no person may operate as a direct air carrier or as a commercial operator without, or in violations of, an

'**~ ~**  appropriate certificate and appropriate''operations specifications.
c. Section 119.5(j), which States that a certificate holder under this part

,- may notoperate aircraft under

# part 121 or part 135 ofthis chapter in a

5 Jgeographical area unless its operations specifications specifically authorize the certificate holder to operate.inthat area. ' ,.

' ' d. Section 119.5(1), which

### states~t&at ;nb(person may operate an aircraft under this part, part 121 ofthis chapter, or part 135 ofthis chapter in violation ofan air carrier operating certificate, operating certificate, or appropriate operations specifications issued underthis part.
e. Section 135.95(b), which states that no certificate holder may use the services of any person as an airman unless the person performing those services is qualified, under this chapter, for the operation for which the person is to be used. f. Section 135.293(a), which states that no certificate holes may use a pilot, nor may any person**serve,as··a,p~lot** unless, since the beginning
:. I l !1. '\,o·;,,' l ' ofthe 12th calendar month before that .service, that pilot has passed a

. ' I. written or oral test, given bythe Administrator or an authorized check pilot, on that pilot's ·knowledge' in the areas set forth in Section 135.293(a)(l) through (8). g. Section 135.343, which states that no certificate holder may use a person, nor may any person service, as a crewmember in operations rmder this part rmless that crewmember has completed the appropriate initial or recurrent training phase ofthe training program appropriate

6 ' . ' '''! to the type ofoperation 

### in which the crewmember is to serve since the beginning ofthe 12th calendar month before that service.
IV I. Pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil

r· penalty not to exceed $11,000 for each oftheviolations alleged. 2. Under the facts and circumstancesofthis base, a civil penalty of$40,000 is appropriate. WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative LawJudge enter an order thatRespondent be assessed a civil penalty inthe amount of$40,000. Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel

. '

. l, 1 Jose ieves Attorney FederalAviation Administration 1AviationPlaza Jamaica, NY 11434 718 553-3258 718 995-5699 .).'.1.'·
.

7

; l

### NOTE: The Rules of Practice for· this proceeding are set forth in Part 13, Subpart G, oftheFederalAviation Regulftions (14 C.F.R. Part 13). The Rules of Practice provide that Respondent must file a wrltten answer to this Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date shown on the Certificate ofService. A general denial is deemed a failure to file an answer (Section 13.209(e)).
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

- ReturnReceipt Requested addressed as follows: W. Ashley Smith Jet Logistics, Inc. 5400 Airport Drive Charlotte, NC 28208 EMAIL: Ashley(i.V,Jetloe:istics.us 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 Attn: Hearing Docket Clerk, AGC-430

Date: 

### ,JUN l 8 2013



## ------

# I~ /<

.**~---~** · Hooks Paralegal Specialist Federal Aviation Administration Office ofRegional Counsel I Aviation Plaza Jamaica, NY 11434

8 . IU.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION. ;\!)MINISTRATION OFFICE OFHEARINGS

, .I WASI-ID{GTON, O.C. In the Matter ofJetLogistics, Inc. 2012EA680047 Judge NotAssigned
NOTICE OFAPPEARANCE 

# RECEIVED JUN ( 62013 

## HEARING 

## DOCKET

Complainant, Federal Aviation Administration, hereby notifies the United States Department of Transportation, Office of Hearings, and the Respondent, pursuant to 14 C.P.R. §13.204(b), that it shall be represented in the above-stated action by the attorney listed below. All communications,**notice.~,** pleadings, or documents are respectfully requested to be forwarded as follows::. Jose L. Nieves Federal AviationAdministration Office ofRegional Counsel. 1Aviation Plaza Jamaica, NY 11434 Telephone: 718 553-327858 Facsimile: 718 995-5699 Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel •', ''

..**~** l

# §~ 

# /

# a~_;;·~ Dated: ·

# ,:}-;~ Jose L. ieves Attorney .. ,'i I :,

1' '·

### CERTIFICATE OF SERVICE I hereby certifY that on this day copies ofthe foregoing Notice ofAppearance were placed 

### in the United States mail, postage prepaid; Certified Mail

- Return Receipt Requested addressed as follows: s W. Ashley Smith JetLogistics, Inc. 5400 Airport Drive Charlotte, NC 28208 EMAIL: Ashley(a)Jetlogistics.us Federal AviationAdministration (Original and one copy) 800 Independence A venue, S.W. Washington, D.C. 20591 Attn: HearingDocket Clerk, AGC-430 Wilbur WrightBuilding

- Room 2014 Attn: Hearing Docket Clerk, AGC-430

Date: 

### JUN 1 8 2013

# ,~J~ L' aHooks

aralegal Specialist Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434

2

,t ' •t**-~** )

. ' ·' h ·'