& 

Southern Region 

Office of the Regional Counsel 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

SEP 1 3 ZOIQ 

CERTEFffiD - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of TRM Enterprises, LLC 

FAA Case No. 2010CE190009 

P.O. Box 20636 

Atlanta, Georgia 

(404) 305-5200 

30320 

(404)305-5223 FAX 

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Enclosed herewith please find a copy of a request for hearing and the original and one copy of / f^ff) 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Nashville, Tennessee area, and 

expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Coimsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta. Georgia 30320 

/ , 

AdlO -OTf V 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 

Enclosures 
09/09/201 0 15;40 FAX 

121001/004 

TRM Enterprises LLC fu O -,^ ^«^'^ ' 

3201 Bristol Hwy. ^ I -b ^ 

Johnson City, TN 37601 Cl ^ 

September 9, 2010 

Hearing Docket, FAA 

Attn: Hearing Docket Clerk 

AGC-400, Room 2014 

600 Independence Ave,, SW 

Washington, DC 20591 

RE: 2010CE190009 

Via Federal Express Overnight Mail 

Ladies and Gentlemen, 

On Behalf of TRM Enterprises LLC, we are requesting for a hearing regarding case 

#2010CEI90009. 

Sincerely, 

TRM Enterprises LLC 

Mark B. Sizemore, Partner 

For the Partners of 

TRM Enterprises LLC 

Enclosures: Final notice of proposed penalty 

l / ' CC: Mr. Christopher R. Stevenson, Attorney 

Office of Southern Regional Counsel 

United States Department of Transportation/FAA 

P. O. Box 20636 

Atlanta, GA 30320 

Via fax: 404-305-5233 Mv>^<i>e^ 

Original Via US Mail 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVL^TION ADMINISTRATION, 

Complainant, 

vs. 

TRM Enterprises, LLC 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

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

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

I. 

1. On August 20, 2010, Respondent, TRM Enterprises, LLC was advised through a 

Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of $7,700. On September 9, 2010, the Agency Attorney received a written request for a 

hearing fi"om the Respondent. 

II. 

2. At all times material herein Respondent TRM: 

a. Was not a direct air carrier; 

b. Did not hold a certificate issued under Part 121 or 135 of the Federal 

Aviation Regulations; and 

c. Did not have operations specifications for conducting commercial aircraft 

operation for compensation or hire. 

3. On December 8, 2009, TRM operated civil aircraft N6315X on a flight fi-om 

Johnson City, Tennessee (KTRI) to Nashville, Tennessee (KBNA). 
4. The flight was a commercial passenger operation for compensation or hire. 

5. a. The flight was subject to Part 119 of the Federal Aviation Regulations. 

b. TRM was not authorized by the Federal Aviation Administration to 

conduct the flight. 

III. 

6. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

a. Section 119.5(g) in that no person may operate as a direct air carrier or as 

a commercial operator without, or in violation of, an appropriate certificate and appropriate 

operations specifications. 

b. Section 119.23(b) in that each person who conducts noncommon carriage 

(except as provided in Sec. 91.501(b) of this chapter) or private carriage operations for 

compensation or hire with airplanes having a passenger-seat configuration of less than 20 seats, 

excluding each crewmember seat, and a payload capacity of less than 6,000 pounds shall - (1) 

Comply with the certification and operations specifications requirements in subpart C of this 

part; (2) Conduct those operations in accordance with the requirements of part 135 of this 

chapter, except for those requirements applicable only to commuter operations; and (3) Be issued 

operations specifications in accordance with those requirements 

7. By ftjrther reason of the foregoing facts and circumstances. Respondent violated 

the following section of the United States Code: Section 44711(a)(4) of Title 49 in that a person 

may not operate as an air carrier without an air carrier operating certificate. 

8. Pursuant to 49 U.S.C. Sections 46301 (a)-(d). Respondent is subject to a civil 

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

9. Under the facts and circumstances of this case, a civil penalty of $7,700 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfiilly requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $7,700. 

Respectfiilly submitted this / 3 day of6^pbK^010. 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 
PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written 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 which follows. 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

TRM Enterprises, LLC 

3201 Bristol Hwy 

Johnson City, TN 37601-1565 

Hearing Docket Clerk (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

600 Independence Avenue, SW 

Washington, DC 20591 

V)GV<JA^ (§ 

DONNA E. STANLEY 

Legal Assistant 

Office of the Regional Counsel 

SEP 1 3 zm 

Dated