07(25(2014 10:05 7812387055 FAA NE REGIONAL CNSL

U.S. Department of Transportotlon Fedaral Aviation Administration July 25,2014 Judge J.E. Sullivan Office of the Chief Counsel New E.ngland Region

U.S. Administrative 

### Law Judge Office ofHearings, M-20 DOT 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 Re: Baer Air, Inc., DocketNo. FDMS FAA -2014-0112 Dear Judge Sullivan: Please see the attached Amended Complaint in this matter.

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# ~r,.Bennetl Senior Attorney Enclosure 12 New England Executive Park Burling\on, MA 01803

cc: Greg Winton, Esq., Baer Air, Inc., Bearing Docket Clerk, AGC-430 PAGE 0210507/25/2014 10:05 7812387055 FAA NE REGIONAL CNSL

Inthe Matter of: Baer Air, Inc., Respondent U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION July 25, 2014 DocketNo. FDMS FAA-2014-0112 FAA Case No. 2011S0150234 ALJ J.E. Sullivan



### AMENDED COMPLAINT PAGE 03/05

The Federal AviationAdministration (FAA), by counsel, hereby amends its Complaint in the above captioned matter, amending paragraph 4 and following. The Complaint now reads as follows: 1. At all times herein, Baer Air, Inc. (hereinafter BaerAir) was and is now the holderofAi.r Carrier Certificate No. BP5A60SK with Operation Specifications. 2. At all material times herein, underBaer Air's Operation Specification Paragraph D073, BacrAir was authorized and required to maintain aircraft N959GM, a Hawker Beechcraft King Air 90, under an ApprovedAircraft Inspection Program (the "AAIP") in order to be authorized to conduct l'art 135 operations. 3. Baer Air's General Maintenance Manual ("GMM") states, withregard to the AAil', that "Acomplete scheduled inspection (alll'hase 1, 2, 3, and 4 Inspections) must be accomplished within a 24-calendar-monthperi.od. Any part ofthe inspection whichhas not been accomplished will become due immediately. Completion ofthe Phase I, 2, 3, and4 inspections shall be considered as a complete inspection." 4. On or about Aprill4, 2009, Baer Air performed a complete inspection to civil aircraft N959GM, completing the Phase 4 inspection. 5. By reason ofthe above, the next complete inspection ofN959GM was due on or before Apri130, 2011; 24 calendarmonths from the last complete inspection. 6. Between April 30,2011, and May 26,2011, .Baer Air operatedN0959GM pursuant to part 135 when said next complete inspection had not been done. 7. Baer Air did not maintainN959GM in accordance with Baer Air's AAil' and GMM, in

### thatBaer Air did notperfo!1ll, the next complete inspection before operating N959GM pursuant to part 135 as noted above. Further, Baer Air's07/25/2014 10:05 7812387055 FAA NE REGIONAL CNSL



### operationofN959GM as described above when the aircraft had nothad the next complete inspection was contrary to Baer Air's Operations Specifications. 8. By reason ofthe foregoing facts and circumstances, Baer Air, lnc., violated the following sections ofthe Federal Aviation Regulations (Title 14, Code ofFederal Regulations):
a. Section 91.409(f)(2) in that the registered owner or operator ofeach airplane described in paragraph (e) ofthis section, must select, identifY in the aircraft maintenance records, and use an approved aircraft inspection program approved under Section 135.419 ofthis chapter and currently in use by a personholding an operating certificate under part 135 ofthis chapter. b. Section 119.5(1) in that no person may operate an aircraft under tlus part, part 121 oftllls chapter, or part 135 ofthis chapterinviolation ofan air carrier operating certificate, operating certificate, or appropriate operations specifications issued under this part. PAGE 04/05



### Under 49 U.S.C. Sections 46301, Bacr Air is subject to a civil penalty notto exceed $11,000 for each violation oftl1e regulations. By reason ofthe foregoing facts and circumstances, we propose to assess a civil penalty in the amount of$22,000. WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

### in the amount of$22,000. Respectively submitted, CHRISTOPHER POREDA 

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# itJBENNETI Senior Attorney for Complainant Office ofthe Regional Counsel Federal Aviation Administration 12New England Executive Park Burlington, MA 01803 (781) 238-704407/25/2014 10:05 7812387055 FAA NE REGIONAL CNSL

CERTIFICATE OF SERVICE I hereby certify that I have sent this day the foregoing am.ended Complaint, by Certified Mail-ReturnReceipt Requested (7011 0470 0003 6119 5506) and First Class Mail to: Baer Air, Inc. William L. Baer, President 150 South Apollo Boulevard Melbourne, FL 32901 

### I hereby certify that 

### I have sent this daythe foregoing amended Complaint, by First Class Mail to: Greg Winton, Esq. 1997 Annapolis Exchange Pkwy, 

### Ste 300 Annapolis, 

### MD 21401 I hereby certify that I have sentthis day the foregoing amended Complaint, by Facsimile to:

And to:

LisaA Melanson Paralegal Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 DOT 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 FAXNo. 202-366-7536 Phone: 202-366-6941 Sharice Jefferson, Bearing Docket Clerk, AGC-430 Federal Aviation Administration 600 Independence Avenue, SW Wilbur WrightBuilding- Suite 2Wl000 Washington, DC 20591 FAXNo. (202) 493-5142 Phone: (202) 385-8230 PAGE 05/0507/25/2014 10:05 7812387055 FAA NE REGIONAL CNSL**Vin~;cnt.** .T. Bennett.**K~q.** Fcdr:ra.l Aviation Administration Office ofthe Regional Counsel, ANE-7 ).2 New**Engl~nd** Executive Park Burltngtort, MA 01803 (781) 238-7044

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To; Sharice Jefferson) Hearing Docket Clerk,**AGC~30**
From: Vincent J. Bennett, ANE-7 Re: Baor Air Inc. v. DOTIF AA CC: Fax: (202)493-5142

Date: 7-25-14 Pages: 1 of5 pages including cover PAGE 01/05

Urgent X For Review 0 Please Comment Please Reply 0 PleaseRecycle



### Please see the 

### attached Amended Complaint.



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