10/21/2013 12:39 

U.S, Department 

of Transportation 

Federal Aviation 

Admin istra t!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 

Wilbur Wright Building, Suite 2Wl000 

Re: In the Matter of Multi-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 of a request for a hearing and the original and one copy of the 

Complaint in the above-referenced proceeding. 

The FAA requests tllat the hearing in tl1is matter be held 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 Storz 
10/21/2013 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 Not Assigned 

COMJ,>LAINJ: 

PAGE 03/10 

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

Rule 208 of the Rules of Practice (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 Penalty that the FAA proposed to assess a civil penalty in the amount of $44,000. On 

October 2, 2013, Respondent submitted a written request for a hearing. 

II . 

.1. At aU times hereinafter mentioned, Multi-Aero, Inc. (MAl) was the: 

a. Holder of Air Carrier Certificate No. MUfA594G; 

b. Owner and operator of Civil Aircraft N45038, a Piper· A-31-350, under Title 14 CPR Part 

135 rules (Part 135); 

c. Employer ofSamier Nabulsi (Nabulsi) as MAI's Chief Pilot and member of MAl'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 and direct from 

Jonesboro Arkansas Municipal Airport (JBR), to Saint Lou.is Lambert International Airport (STL). 

3. Incident to the above operation, Nabulsi: 

a. Flew from STL to JBR on flight #1220; 

b. Picked up 7 passengers in JBR; 

c. Departed JBR with 7 passengers enroute to STL on flight #300; 
10/21/2013 12:39 8153293771 FAA ACE 7 PAGE 04/10 

d. Ran low on 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 that N45038 was at maximum passenger capacity; 

g. Did not declare an emergency; 

h. Landed at FAM; 

1. Did not pick up a passenger; 

j. Added 70 gallons of fuel to N45038 at FAM with the passengers 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 on flight #31 0. 

4. MAT's operations noted above equa.te to: 

a. 5 cycles; and 

b. 5 landings. 

5. Incident to 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 Block Times: 

2 
10/21/2013 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 F AM from ffiR; and 

ii. Depart from 1' AM to STL. 

c. N45038 completed a total of 4: 

i. Cycles; and 

i i. Land.ings 

6. The entries noted in paragraph 5 above: 

a. Are false; 

FAA ACE 7 

b. Were made by Nabulsi with the knowledge that the entries were false. 

7. Based on the above, Nabulsi made intentionally false entries in MAI's flight log when he 

represented that N45038 conducted a direct roundtrip charter operation from mR to STL. 

PAGE 05/10 

8. Prior to 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 on the above, Nabulsi made an intentionally false entry for N45038's flight plan when 

he represented that he was 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 on board N45038. 

11. Nabulsi's failure to plan, as noted in paragraph l 0 above, constituted a careless act, 

endangering the lives and property of another. 

12, Nabulsi's flight plan filed out ofF AM indicated 1 person on board instead of8. 

3 
10/21/2013 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 of another. 

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 emergency pu.rposes. 

JU_ 

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

sections of the 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 of the privOeges of any 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 endanger the life or property of another. 

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 weather reports and forecasts and weather 

conditions) to: (l) Complete the flight to the first airport of intended landing; (2) fly from that airport to 

the a.ltemate airport; and (3) Fly after that for 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 of appropriate operations specifications. 

e. ll9.69(d)(3), which states in relevant part that a Part l35's chief pilot must discharge 

their duty to 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 

4 
10/21/2013 12:39 8153293771 FAA ACE 7 PAGE 07/10 

conditions) to: (1) Complete the flight to the first airport of intended.1anding; (2) fly from that airport to 

the alternate airport; and (3) Fly after that 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 not to exceed 

$11,000 for each of the violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of $44,000 is appropriate_ 

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 $44,000. 

Dated this 21" day of October, 2013. 

5 

Respectfully submitted, 

A. Lester Haizlip 

Regional Counsel 

By: 

' 

1 David B. Kessler 

Attorney for Complainant 

Federal Aviation Administration 

901 Locust St., Room 506 

Kansas City, MO 64106-2641 

816-329-3763; Fax (816) 329-3771 
10/21/2013 12:39 8153293771 FAA ACE 7 PAGE 08/10 

Answer 

Section 13 .209(a) of the Rules of Practice in FAA Civi I Penalty 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 of filing an answer, not later than 30 days after service of the complaint. 

Section 13.209(t) states, "A person's failure to file an answer without good cause shall be deemed an 

admission of the truth of each allegation contained in the complaint. 

6 
10/21/2013 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 of the Administrator's Complaint, addressed to: 

Mr. Shane Storz, Director of Operations 

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 certify that 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 

Alisa 

t~~~ Gause 

Paralegal Specialist 

Dated this 21'1 day of October, 2013. 

7 
10/21/2013 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., FAA File 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 that this office represents Multi-Aero, Inc., regarding the Administrator's Notice of Proposed 

Civil Penalty issued in the above referenced matter on. July 18,2013. 

This letter will serve as a request by Multi-Aero, Inc., for a hearing in accordance with Subpart G of Part 13 of the 

Federal Aviation Regulations, wifu fue 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 Form For Notice of Proposed Civil Penalty is enclosed, and a copy has been sent to FAA. 

Attorney David Kessler. 

Thank you for your prompt attention to this matter . 

. :z:~:~w ~;~dM. Allen 

Enclosure 

cc; Shane Storz, Mul.ti-Aero, Inc .. 

David Kessler, FAA ACE-7 
10/21/2013 12:39 8153293771 FAA ACE 7 

To: /~'_., ~ ~f- Company: FAA- -- -'"? 

Phone: 

Fax: ((0.,:? - 4'1 ;J- 51 t/--:< 

From: 

Title:AJ~~ 

;./)'X":-(:t ~ 

1 

Date: /0 Pt ;j 3 

Pages w/cover: 10 

PAGE 01/10 

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