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UNITED STATES DEPARTMENT OF TRANSPORTATION 

,. , r. - -, OFFICE OF HEARINGS 

WASHINGTON, D.C. ' .,^,„, ,,,,,.. 

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IN I HK MATTER OF 

CLOUD DANCER AVIATION AND FLYING CLUH, fNC 

FAA Case No. 2009SOI50233 

FAA Docket No. 

Judge Not Yet Assigned 

AMENDED COMPLAINT 

Complainant, by and through the undersigned counsel, pursutuit to 14 CFR §13.214(a) 

and (l'»)( I), hereby flies this Amended Complaint in the above-referenced case as follows; 

1. At all times material herei?!, you were and are now the holder of Air Agency 

Certificate No. Y85S723K. 

2, At all times material herein, you were and are now the registered operator of civil 

aircraft N61FH, a Piper PA-34-200. 

3 On or about July 17, 2009, a representative of the Federal Aviation Adininistration 

(FAA ) contacted you to inform you that he would like to conduct an inspection of 

N61FH. 

4. The representative was informed that he was not allowed dccess to the facility or 

to tlie aircraft maintenance records. 

5. On or about .July 28, 2009, a representative of the FAA .sent a letter to you 

rcqucslmg in writing that within 10 days you contact the North Flonda Flight 

Standards District Office (FSDO) of the FAA to arrange to provide the maintenance 

records of N61FH for inspection by the FAA. 

6. As of this date you have not responded to the letter. 

7. On August 20, 2009, you allowed other representatives of the FAA to inspect the 

aircraft. 
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8. By reason of the foregoing facts and circumstances, you violated the following 

sections of the Federal Aviation Regulations: 

(a) Section 91.417(c) in that the owner or operator shall make all maintenance 

records required to be kept by this section available for inspection by the 

Administrator or any authorized representative of the National 

Tr^insportaiion Safely Boiu-d (NTSB). 

(b) Section 141.21(c) in that each holder of a certificate issued under this part 

must allow the Administrator to inspect its personnel, facilities, 

equipment, and records to detemiine the certificate holder's compliance 

with the Federal Aviation Regulations. 

9. Pursuant to 49 U.S.C. Sections'46301 (a)-(d), you are subject to iFcivil penalty not 

to exceed $11,100 for each of the violations alleged. 

10. Under the facts and circumstances of this case, a civil penally of $33,000 is 

appropriate, 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter aji order that Respondent, Cloud Dancer Aviation And Flying Club, Inc., be 

assessed a civil penalty in the amount of $33,000. 

Respectfully submitted this [^ ^ day of April, 2010. 

)REA MICHELLE H/ 

Atlomey 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you arc 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. 
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CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed thi.s date via certified 

mail, return receipt requested, to the following' 

Cloud Dancer Aviation and Flying Club Inc. 

David Lee Alber, Sr., Owner 

1585 Aviation Center Parkway 

Daytona Beach, FL 32114 

Dennis R. Haber, Esq. 

DennisR. Haber, P.A. _.. 

8925 $W 148 Street, Suite 200 

Miami, FL 33176 

Hearing Docket Clerk (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

APR 1 6 IQtQ 

Dated