U.S. Department 

of Transportation 

Eastern Region 

Regional counsel 

Telephone: 7~8 553-3278 

Facsimile: 718 995-5699 

Federal AViation 

Administration 

JUN \ r) 2G\2 CERTIFIED MAlL-RETlllili RECEIPT RE UESTED 

Federal Aviation Administration 

· · 800 IndependenceAvenu~, S .W. 

Attn: Hearing Docket Clerk, A.oc.::430 

Wilbur Wright Building-Room 2014 

Washington, DC 20591 

~ Aviation Plaza 

Jamaica, NY 1~434 

RECElVED,. 

JUN 2 6 2013 

HEARiNG DOCKET 

l -.· 

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ATfN: H£ARING DOCKET CLERK 

. . . I """' d-t>t3""e;;l.qt) 

Re: In the Matter ofJet Logtsttcs, Inc. F"D "..... _ ..o· ;;2. 358' (. 

Docket No. 2012EA680047 ,;lJ)f3 • Au:HI·=· 

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

copy of the F A.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.e hearing will last one (1) day .. 

Please address all communications for the Federal Aviation Administration to the 

attention of Jose L. Nieves, Esq.; Office of thO Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

·· · · · · ···· ·· In the Matter of Jet Logistics, Inc. . . . ... _ . 

2012EA680047 · J, 

Judge Not Assigned 

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 

' 

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$40,000. On June 13, 2013, Respondent s~bPl.i1;\ed a written demand for a hearing. • , ' • ' ' ; ': I ~ 

II 

1. At all times relevant herein, Jet Logistics, Inc. (hereinafter "Jet 

Logistics"), was the holder of Part 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"). 

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3. On or about June 28, 2012, Jet Logistics operated a BAE-125-800A 

aircraft, identification number N798P A (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 Jet Logistics 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 of the 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 authorized by its Operations Specifications 

14. Jet Logistics Training Records show that Robin S. Dill did not 

receive a Section 135.293(a)(l) oral check on Mr. Dill's knowledge 

in the appropriate provisions bfpa.rtS·61, 91, and 135 of this chapter 

and the operations specifications, and. the Jet Logistics' manual since -. 

the beginning of the 12th Calendar i,nqnth before operating Flight # 1 

and Flight #2. · 

2 
15. 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 of air 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 # 1 and 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 if appropriate 

for the operation of the certificate holder, high altitude weather since 

the beginning of the 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 of the 12th 

Calendar month 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 of the 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 of parts 61, 91, and 135 of this chapter 

3 

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

the beginning of the 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 of air navigation aids appropriate to the operation 

or pilot authorization, including, when applicable, instrument 

approach facilities and procedures since the beginning of the 12th 

Calendar month 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 of parts 61, 91, and 135 of this chapter 

and the operations specifications and the Jet Logistics' manual since 

the beginning of the 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 air traffic procedures, including IFR procedures when applicable 

since the beginning of the 12th Calendar month before operating 

Flight # 1 and 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 if appropriate 

for the operation of the certificate holder, high altitude weather since 

the beginning of the 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 of the 12th 

Calendar month before operating Flight #1 and Flight #2. 

4 

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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 of the 12th Calendar month before operating Flight #1 and 

Flight #2. I 

By reason of the 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 of the 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 of the 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 not operate aircraft under part 121 or part 13 5 of this chapter in a 

5 J 
geographical area unless its operations specifications specifically 

authorize the certificate holder to operate.in that area. 

' ,. ' ' 

d. Section 119.5(1), which states~t&at ;nb (person may operate an aircraft 

under this part, part 121 of this chapter, or part 135 of this chapter in 

violation of an air carrier operating certificate, operating certificate, or 

appropriate operations specifications issued under this 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 ' 

of the 12th calendar month before that .service, that pilot has passed a . ' I. 

written or oral test, given by the 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 of the training program appropriate 

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to the type of operation in which the crewmember is to serve since the 

beginning of the 12th calendar month before that service. 

IV 

I. Pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil 

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penalty not to exceed $11,000 for each ofthe violations alleged. 

2. Under the facts and circumstances of this base, a civil penalty of $40,000 

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$40,000. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

. ' . l, 1 

Jose ieves 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

.).'.1.'· . 

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NOTE: 

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

Subpart G, of the Federal Aviation 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 of Service. 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 - Return Receipt 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 of Regional Counsel 

I Aviation Plaza 

Jamaica, NY 11434 

8 

. I 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION. ;\!)MINISTRATION 

OFFICE OF HEARINGS 

, .I 

WASI-ID{GTON, O.C. 

In the Matter of Jet Logistics, Inc. 

2012EA680047 

Judge Not Assigned 

NOTICE OF APPEARANCE 

RECEIVED 

JUN ( 6 2013 

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 Aviation Administration 

Office ofRegional Counsel. 

1 Aviation 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 of the foregoing Notice of Appearance were placed 

in the United States mail, postage prepaid; Certified Mail - Return Receipt Requested 

addressed as follows: s 

W. Ashley Smith 

Jet Logistics, Inc. 

5400 Airport Drive 

Charlotte, NC 28208 

EMAIL: 

Ashley(a)Jetlogistics. us 

Federal Aviation Administration (Original and one copy) 

800 Independence A venue, 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 1 8 2013 ,~J~ L' aHooks 

aralegal Specialist 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

2 

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