10/21/2013 12:39

U.S, Department ofTransportation Federal Aviation Administrat!on 8153293771

In Reply Refer To: ACE-7 Z013CE0300l7 

### VIA FACSIMILE AND REGULAR MAU, October21, 2013 Hearing Docket Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building, Suite 2Wl000 Re: In the Matter ofMulti-Aero, 

### Inc. Case No. 2013CE030017 FAA ACE 7 PAGE 02/10

Office DfRcglaol11 Counsel 901 Locust, Room 5()6**Kan~a..">City,** MO**(14106~2641.** 

## F'DmS# 

# FA l'i - 2o I 3 - 

## 0 

# 1 I**~** Area Code: 816-329-3763

Enclosed herewith please find a copy ofa request for a hearing and the original and one copy ofthe Complaint in the above-referenced proceeding. 

### The FAA requests 

### tllat the hearing in tl1is matter beheld in St. Louis, MO, and expects that the hearing 

### will last one day. Please address all communications for the FAA

### to David 

### R Kessler, 

### Federal Aviation Administration, Central Region, ACE-7, Room 506, DOT Bu.Uding, 901 Locust, Kansas City, MO 64106-2641. Sincerely, 

### A. Lester Haizlip Regional Counsel 

### By:

Enclosures cc: Jared M. Allen, Esq. Shane Storz10/21/2013 12:39

1t1 the Matter of: 8153293771 FAA ACE 7

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION Served: October 21,2013 FAA Docket No. FAA Case No. 2013CE0300!7 --'M'--"-'u-"'lt"-·i--=--A=e-'--ro'--',--=In=-c=-:.__________ __. Judge NotAssigned 

### COMJ,>LAINJ: PAGE 03/10

The Federal Aviation Administration (FAA), by counsel, herebyfiles its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as foiJows: 

### L 1. On July 

### 18, 2013, Respondent Multi-Aero, 

### 1nc. (MAl), was advised through a Notice of Proposed Civil Penaltythatthe FAA proposed to assess 

### a civil penalty inthe amount of$44,000. On October 2, 2013, Respondent submitted a written request for 

### ahearing. 

### II. 

### .1. At aU times hereinafter mentioned, Multi-Aero, Inc. (MAl) was the: a. Holder ofAirCarrier Certificate No. MUfA594G; b. Owner and operator ofCivil AircraftN45038, a Piper· A-31-350, under Title 

### 14 CPRPart 135 rules (Part 135); c. Employer ofSamier Nabulsi (Nabulsi) as MAI's ChiefPilot and member ofMAl's management. 2. On or about November 12, 2012, MAI assigned Nabulsi N45038 on a Part !35 commuter flight, transporting 7 passengers, under instrument :flight rules (IFR), roundtrip anddirect from Jonesboro Arkansas Municipal Airport (JBR), to Saint Lou.is Lambert International Airport (STL). 3. Incidentto the above operation, Nabulsi:
a. Flew from STLto JBRon flight #1220; b. Picked up 7 passengers in JBR; c. Departed JBRwith 7 passengers enroute to STL on flight #300;10/21/2013 12:39 8153293771 FAA ACE 7 PAGE 04/10

d. Ran lowon fuel; 

### c. Requested 

### a diversion to Farmington, Missouri. Municipal Airport (FAM), approximately 30 minutes after departing JBR; f. Informed air traffic control that the purpose for your diversion to FAM was to pick up a passenger, despite the fact thatN45038 was at maximum passenger capacity; g. Did not declare an emergency; h. Landed at FAM; 1. Didnot pick up a passenger; 

### j. Added 70 gallons 

### offuel to N45038 atFAM with thepassengers still on board; k. Departed FAM at approximately 12:37 central standard time (CST); 

### l. Landed at STL at approximately 

### l3:0l CST; m. Flew fmm: 

### i. STL to 

### JBR on flight #305; and 

### ii. 

### JBR to STL onflight #31

### 0. 4. MAT's operations noted above equa.te to: a. 5 cycles; and 

### b. 5 landings. 

### 5. Incidentto 

### MAl's above operation, Nabulsf completed,**sigt:~ed** and**submi1~ed** 

### MAl's Flight Log, representing to 

### all that: 

### a, MAl operated flight #300 directly from .TBR to STL: 1. With the following Hobbs 

### Times: a. 2683.5 Out b. 2684.7 In c. 1.2 Total U. With the following BlockTimes: 

### 210/21/2013 12:39 8153293771

a. 1 I :09 CST Out 

### b. 12:35 CST 

### In c. 

### 1.5 Total b. N45038 did not: 

### i. Land at FAM from ffiR; and ii. Depart from 

### 1'AMto STL. c. N45038 completed a total of4: i. Cycles; and 

### ii. Land.ings 6. The entries noted in paragraph 5 above: 

### a. Are false; FAA ACE 7

b. Were made byNabulsi with the knowledge that the entries were false. 

### 7. Basedon the above, Nabulsi made intentionally false entries 

### in MAI's flight log when he represented that N45038 conducted 

### a direct roundtrip charter operation from 

### mRto STL. PAGE 05/10

8. Priorto departing FAM, as noted in paragraph 3(i), Nabulsi completed and submitted a false flight plru1 when he reported that he was the 

### only person aboard N45038, when there were actually 8 people on board. 9. Based onthe above, Nabulsi made an intentionally false entryfor N45038's flight plan when he represented that hewas Operating without any passengers. 10. Running ]ow on fuel, as noted in paragraphs 3(d) and 3(h) above, indicates Nabulsi's failure to plan 

### and ensure adequate fuel onboard N45038. 11. Nabulsi's failure to plan, as noted in paragraph l0 above, constituted a careless act, endangering the lives andpropertyofanother. 12, Nabulsi's flight plan filed out ofF AM indicated 1 person on board instead of8.



### 310/21/2013 12:39 8153293771 FAA 1\CE 7 PAGE 05/10



### 13. 

### TI1is inaccurate passenger information, as noted in paragraphs 8 and 12 above, constituted a careless operation, endangering the lives and property ofanother. 14. In accordance with MAl's Operation Specification, Paragraph C073; a. Scheduled operations are not authorized out ofF AM; and b. FAM is only an authorized alternate airport for emergencypu.rposes. 

### JU_ 1. Byreason ofthe foregoing facts and circumstances, Respondent violated the following sections ofthe Federal Aviation Regulations (FARs): a. 61.59(a)(2), which states in relevant part, that no person may make or ca.use to be made any intentionally false entry in any record or report that is required to be kept, made or used to show compliance with any requirement for the exercise ofthe privOeges ofany certificate or rating under this part. b. 9!.!3(a),which states in relevant part that no person may operate an airera:fl in a careless manner so as to endangerthe life or property ofanother. c. 91.167 which states In relevant part that no person may operate a c.ivil aircraft in IFR conditions unless it carries enough fuel (considering weatherreports and forecasts and weather conditions) to: (l) 

### Complete the flight to the first airport ofintended landing; (2) fly from that airport to the a.ltemate airport; and (3) Flyafterthatfor 45 minutes at normal cruising speed or, for helicopters, :Oy after that for 30 minutes at normal cruising speed. d. 119.5(1), which states in relevant part that no person may operate an aircraft under Part 135 in violation ofappropriate operations specifications. e. ll9.69(d)(3), which states in relevant part that a Part l35's chiefpilot must discharge their dutyto meet applicable legal requirements and to maintain safe operations. 

### f. 135.423 which states in relevant part that no person may operate a civil aircraft in IFR conditions un.less it carries enough fuel (considering weather reports and forecasts and weather 

### 410/21/2013 12:39 8153293771 FAA ACE 7 PAGE 07/10

conditions) to: (1) Complete the flight to the first airport ofintended.1anding; (2) fly from that airportto the alternate airport; and (3) Fly afterthat for 45 minutes at nonnal cruising speed or, for helicopters, fly after that for 30 minutes at normal cruising speed. 2. Pursuant to Title 49 U.S.C. 46301, Respondent is subject to a civil penalty notto exceed $11,000 for each ofthe violations alleged. 

### 3. Underthe facts and circumstances ofthis case, a civil penaltyof$44,000 is appropriate_ WHEREFORE, the Agency, by counsel, respectfullyrequests that the Administrative Law Judge enter an orderthatRespondent 

### be assessed 

### a civil penalty in the amount of$44,000. Dated this 

### 21" day ofOctober, 2013.



### 5 Respectfully submitted, A. Lester Haizlip Regional Counsel By: 

## ' 

# 1

David 

### B. Kessler Attorneyfor Complainant Federal Aviation Administration 901 Locust 

### St., Room 506 Kansas City, MO 64106-2641 816-329-3763; Fax (816) 329-377110/21/2013 12:39 8153293771 FAA ACE 7 PAGE 08/10



### Answer Section 13 .209(a) ofthe Rules ofPractice in FAA CiviIPenalty Proceedings states, "A respondent shall file a written answer to the complaint, or may file a written motion pursuant to Section 13.208(d) or Section 13.218(t)(l-4) instead offiling an answer, not later than 30 days after service ofthe complaint. Section 13.209(t) states, "A person's failure to file an answer without good cause shall be deemed an admission ofthe truth ofeach allegation contained in the complaint.



### 610/21/2013 12:39 8153293771 FAA ACE 7

MuJti.Aero, Inc., FAA Case No. 2013CE030017 

### CERTIFICATE OF SERVICE I hereby certify that I have this date sent by :facsimile, and placed in the United States mail, a copy ofthe Administrator's Complaint, addressed to: 

### Mr. Shane Storz, Director ofOperations Multi·Aero, 

### Inc. 12300 Old Tesson Rd., Suite 200F St. Louis, MO 63128 Jared M. Allen, Esq. 

### The Aviation 

### Law Firm One Research Court Suite 450 Rockville, 

### MD 20850 

### Fax: (301) 294-2525 PAGE 09/10

In addition, I hereby certifythat

### J have this date sent a copy by facsimile and placed in the United States mail, the original and one copy, addressed to: Federal Aviation Administration 800 Independence Avenue, SW. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Room 2Wl000 

### Fax: (202) 493-5142

# t~~~ Alisa Gause Paralegal Specialist Dated this 21'1day ofOctober, 2013.



### 710/21/2013 12:39 8153293771**··~** l FAA ACE 7

. 

### ' 

# The Aviation Law Firm

October 2, 2013 

### Via Fed-Ex Hearing Docket Clerk Federal Aviation Administration 600 

### Independence A

### venue, SW Wilbw: Wright Buildmg Room2014 Washington, D.C. 20591 ' One Research Court suae450 RockVIlle, MD 20850 1-877-4-AIR-LAW · 301-294-8550 866-5()8-9886 fax 301-294-2525

### tax www.AviationLawExperts.com



### Re: 

### Multi-Aero, Inc., FAAFile No. 2013CE030017 Dear Hearing Docket Clerk: PAGE 10/10**~l:ll'y** S. Wlntcn,**l::~q. Admil!o!!~**  it'! MD, NY, F'A, CT**t~ndD.C. J~~**  M, AIIJ:m, E:.aq.***'Admltl~** In Fl end o.c:. Only



### Please be advised thatthis officerepresents Multi-Aero, Inc., regarding the Administrator's Notice ofProposed Civil Penaltyissued in the above referenced matter on. July 

### 18,2013. This letterwill serve as a requestbyMulti-Aero,Inc., for a hearingin accordance with Subpart G ofPart 13 ofthe Federal AviationRegulations, wifufue understanding fuat a Complaint 

## will be filed by the Administrator. Multi-Aero, Inc., requests that a heari,ng be held in St. 

### Louis, Missouri. A completed Reply FormForNotice ofProposed Civil Penalty is enclosed, and a 

### copy has been sent 

### to FAA. 

### Attorney David Kessler. Thank you for yourprompt attentionto this matter. 

# .**:z:~:~w ~;~dM.**  Allen Enclosure
cc; Shane Storz, Mul.ti-Aero, Inc.. DavidKessler, FAA ACE-710/21/2013 12:39 8153293771 FAA ACE 7

To:

## /~'_.,**~ ~f-**  Company:

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# Federal Aviation Administration
Office of Regional Counsel Central Region 901 Locust St., Room 506 Kansas City, MO 64106 Telephone: (816) 329-.,.--- Fax. No. (816) 329-3771 Email; @faa.gov 

### Facsimile