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., Docket No. FDMS FAA -2014-0112 

Dear Judge Sullivan: 

Please see the attached Amended Complaint in this matter. 

s~i'__ 

~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 02105 
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In the Matter of: 

Baer Air, Inc., 

Respondent 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

July 25, 2014 

Docket No. FDMS FAA-2014-0112 

FAA Case No. 2011S0150234 

ALJ J.E. Sullivan 

AMENDED COMPLAINT 

PAGE 03/05 

The Federal Aviation Administration (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 Baer Air) was and is now the 

holder of Ai.r Carrier Certificate No. BP5A60SK with Operation Specifications. 

2. At all material times herein, under Baer Air's Operation Specification Paragraph 

D073, Bacr Air was authorized and required to maintain aircraft N959GM, a 

Hawker Beechcraft King Air 90, under an Approved Aircraft Inspection Program 

(the "AAIP") in order to be authorized to conduct l'art 135 operations. 

3. Baer Air's General Maintenance Manual ("GMM") states, with regard to the 

AAil', that "A complete scheduled inspection (alll'hase 1, 2, 3, and 4 

Inspections) must be accomplished within a 24-calendar-month peri.od. Any part 

of the inspection which has not been accomplished will become due 

immediately. Completion of the Phase I, 2, 3, and 4 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 of the above, the next complete inspection ofN959GM was due on or 

before Apri130, 2011; 24 calendar months from the last complete inspection. 

6. Between April 30,2011, and May 26,2011, .Baer Air operated N0959GM 

pursuant to part 135 when said next complete inspection had not been done. 

7. Baer Air did not maintain N959GM in accordance with Baer Air's AAil' and 

GMM, in that Baer Air did not perfo!1ll, the next complete inspection before 

operating N959GM pursuant to part 135 as noted above. Further, Baer Air's 
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operation ofN959GM as described above when the aircraft had not had 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 of the Federal Aviation Regulations (Title 14, Code of Federal 

Regulations): 

a. Section 91.409(f)(2) in that the registered owner or operator of each 

airplane described in paragraph (e) of this section, must select, identifY in the 

aircraft maintenance records, and use an approved aircraft inspection 

program approved under Section 13 5.419 ofthis chapter and currently in use 

by a person holding an operating certificate under part 13 5 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 of this chapterin violation of an 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 not to exceed $11,000 

for each violation of tl1e 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 ""l"" Co=" 

itJBENNETI 

Senior Attorney for Complainant 

Office of the Regional Counsel 

Federal Aviation Administration 

12 New England Executive Park 

Burlington, MA 01803 

(781) 238-7044 
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CERTIFICATE OF SERVICE 

I hereby certify that I have sent this day the foregoing am.ended Complaint, by 

Certified Mail-Return Receipt 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 day the 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 sent this day the foregoing amended Complaint, by 

Facsimile to: 

And to: 

Lisa A Melanson 

Paralegal 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, 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 A venue, SW 

Wilbur Wright Building- Suite 2Wl 000 

Washington, DC 20591 

FAX No. (202) 493-5142 

Phone: (202) 385-8230 

PAGE 05/05 
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Vin~;cnt. .T. Bennett. K~q. 

Fcdr:ra.l Aviation Administration 

Office of the Regional Counsel, ANE-7 

).2 New Engl~nd Executive Park 

Burltngtort, MA 01803 

(781) 238-7044 

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· facsirtlTI~ t¥fuisthilfai 

To; Sharice Jefferson) Hearing Docket 

Clerk, AGC~30 

From: Vincent J. Bennett, ANE-7 

Re: Baor Air Inc. v. DOT IF AA 

CC: 

Fax: (202)493-5142 

Date: 7-25-14 

Pages: 1 of 5 pages including cover 

PAGE 01/05 

Urgent X For Review 0 Please Comment Please Reply 0 Please Recycle 

Please see the attached Amended Complaint. 

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