03/02/2010 10:57 FAX 2024935142 FAA * DMS gjOOI/OlO 

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U.S. Department Eastern Reg on 1 Aviation Plaza 

of Transportation Regional Counsel Jamaica, NY 11434 

Telephone: 718 563-3268 

Federal Aviation Facsimile: 718 995-5699 

Administration 

Fc2 1 6 20?0 

CERTIFIED MATT. - RETURM RECEIPT RHOLTESTED *'^ ^- ..-: •^,, ^^ 

tcderal Aviation AdiTimistralion •;.:;,,, • ?• 

800 Independence Avenue, S.W. „ --^•.r.-' 

Washington, IXC. 20591 . ^ ••-^2j2Cf' 

Attn; Hearing Docket Clerk, AGC-430 H.?.... = • .. .-:-. .,.., ,. ^^^^^ 

Wilbur Wright Building-Room 2014 ' •'''••-'•'••t: C 

AITN: HEARINGDOCKEl' CLERK 

Re: In the Matter of Empire Airways • 'tdtlkh^ 

Docket No. 2009EA110039 H^' nj^ ^ 

Enclosed herein plea.se find alcopy ola request for hearingjand the original and one 

copy ol" the FAA's Compiainl in the above-entitled action for filing, together with 

proof" of .service upon the Respondent. 

The I'AA requests that tlie hearing in this matter be held in the Central Isiip, New 

York area, and expects that the hearing will last one day. 

Please addres.s all contununications for the Federal Aviation Administration to the 

altenlion of Zachary M. Berman, Office of tlie Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Zachary ff4. I^rman 

Attorney 

Enclosures 
* DMS 121002/010 

03/02/2010 10:57 FAX 2024935142 FAA 

U.S. DEPARTMENT OF TRANSPORTAllON 

FEDERAL AVIATION ADMINIS'fRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Empire Airways 

2009EA110039 

Judge Not Assigned 

COMPLAINT 

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

pursuant to Rule 208 of ihe Rules of Practice (14 C.F.R. 13.208), and slates am 

follows: 

I 

Respondent, Empire Airways, was advised through a Final Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of $20,000. 

On Febmary 16, 2010, Respondent submitted a written demand for a hearing. 

II 

1. At all time.s relevant herein, Empire Aiivvays was the operator of a 

Diamond DA-20 aircraft, identification number N383CA 

(hereinafter "the aircraft"). 

2. On or about April 8, 2009, during takeoff roil of the aircraft by a, 

student pilot, there was a vibration in the nose gear area. 

3. The student pilot reported the vibration that he had experienced to 

Empire Airways. 
r^A + nM<; i?l003/010 

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4. At some point between April 8, 2009 and June 1, 2009, Empire 

Ain\'ays re-assembled the wheel assembly on the aircraft. 

5. No log entry was ever made of the re-assembling of the wheel 

assembly on the aircraft. 

6. The rc-assembling of the wheel assembly on the aircraft was not 

approved for return to service by an authorized person. 

7. The re-assembly of the wheel assembly of the aircraft was not 

performed properly. 

8. As a result, the aircraft v^ras involved in an incident upon landing at 

Republic Airport, Farmingdale, NY, on June 1, 2009. 

9. Specifically, upon taxi roll-out, the aircraft lost the axel nut on the 

nose gear wheel assembly, causing the axel to fall olT one fork and 

cocking the nose wheel in the fork 

10. This caused the aircraft to vibrate. The pilot was no longer able to 

taxi the aircraft, and the aircraft had to be towed off the runway. 

11. Empire Airways thus perlbmied maintenance on an aircraft and failed 

to use the methods, techniques, and practices prescribed in the current 

manufacturer's maintenance manual or Instructions for Continued 

Airworthiness prepared by its manufacturer, or other methods, 

techniques, and practices acceptable to the Administrator. 

12. Empire Airways thus maintained an aircraft and failed to do that work 

in such a manner and use materials of such a quality, that the condition 

of the aircraft worked on vi^ould at least equal to its original or properly 

altered condition. 

13. Empire Airways thus operated the aircraft in an unairworthy condition 

on June 1,2009. 

ITT 
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By reason of the foregoing facis and circumstances, Respondent violated ihe 

following section(s) of the Federal Aviation Regulations; 

a. Section 43.13(a), which states that each person performing 

maintenance, alteration, or preventive maintenance on an aircraft, 

engine, propeller, or appliance shall use the methods, techniques, and 

practices prescribed in the current manufacturer's maintenance manual 

or Instructions for Continued Airworthiness prepared by its 

manufacturer, or other methods, techniques, and practices acceptable 

to the Administrator, except as noted in §43.16. He shall use the tools, 

equipment, and test apparatus necessary to assure completion of the 

work in accordance with accepted industry practices. If special 

equipment or test apparatus is recommended by the manufacturer 

involved, he must use that equipment or apparatus or its equivalent 

acceptable to tlie Administrator. 

b. Section 43.13(b), which states that each person maintaining or 

altering, or perfonning preventive maintenance, shall do that work in 

such a manner and use materials of such a quality, that the condition of 

the aircraft, airframe, aircraft engine, propeller, or appliance worked 

on will be at least equal to its original or properly altered condition 
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(with regard to aerodynamic function, structural strength, resistance to 

vibration and deterioration, and other qualities affecting 

airworthiness). 

Section 91,405(a), which states that each owner or operator of an 

aircraft shall have that aircraft inspected as required by Subpart H of 

Part 91 of the Federal Aviation Regulations and shall between 

required inspections (except as otherwise provided) have discrepancies 

repaired in accordance with Part 43 of the Federal Aviation 

Regulations. 

Section 91.407(a)(1), which states that no person may operate an 

aircraft that has undergone maintenance, preventive maintenance, 

rebuilding, or alteration unless it has been approved for return to 

service by a person authorized under Section 43.7 of the Federal 

Aviation Regulations. 

Section 91.40 7(a)(2), which states that no person may operate an 

aircraft that has undergone maintenance, preventive maintenance, 

rebuilding, or alteration unless the maintenance record entry required 
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by Sections 43.9 or 43.11, as applicable, of the Federal Aviation 

Regulations has been made. 

f. Section 91.7(a), which .states that no person may operate a civil aircraft 

unless it is in an airworthy condition. 

IV 

1. Pursuant to 49 U.S.C. §46301(a)(l). Respondent is subject to a civil penalty not 

to exceed $25,000 for each of the violations alleged, or, for a small business concern, 

pursuant to 49 T.J.S.C. §46301(a)(5), Respondent is .subject to a civil penalty not to 

exceed $11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $20,000 is 

appropriate. 
* DMS gl007/010 

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WHEREFORE, the FAA, by counsel, respectftilly requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of $20,000. 

Respectfiilly .submitted, 

Alfi-ed R. John.son, Jr. 

Regional Counsel 

By: M/^Itt^^ 

Zachai^ M/Berman 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must 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. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 
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CERTIFICATE OF SERVICE 

1 hereby certify that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed 

as follows; 

Charles J. Casolaro, Esq. 

Casolaro Sussman, LLP 

1050 Franklin Avenue, Suite 402 

Garden City, NY 11530 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

Date:^li_L^ . ^OW __ Tac^.^...^. ^ (^^JL>^ -

Marianna Perero 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

.Tamaica, NY 11434 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHTNGFON, D.C. 

^-^ 

'•-^^ 2 3 2fif 

! ^ , 

: ? 

T' 

In the Matter of Empire Airways 

2009EA110039 

Judge Not Assigned 

NO I ICE OF APPEARANCE 

Complainant, Federal Aviation Administration, hereby notifies the United States 

Department of Transportation, Office of Hearings, and the Respondent, pursuiint to 14 

C.F.R. § 13.204(b), that it shall be represented in the above-stated action by the tbllowing 

attorney; 

Zachary M. Berman 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

All communications, notices, pleadings or documents are respectfijlly requested to be 

forwarded as follows: 

Zachary M. Berman 

Federal Aviation Adminislxation 

Office of Regional Counsel 

1 Aviation Plaza 
03/02/201 0 10:58 FAX 2024935142 FAA + QMS gjOIO/OlO 

Jamaica, NY 11434 

Telephone; 718 553-3258 

Facsimile: 718 995-5699 

Respectfully submitted, 

Alfred R. Jolmson, Jr. 

Regional Counsel 

By: gwriMlg^ ^ Dated:_ VA>/O 

ZacharyMv/^erman 

Attorney 

CERTIFICATE OF SERVICE 

1 hereby certify tliat on this day copies of the foregoing Notice of Appearance were placed 

in the LInited Stales mail, postage prepaid. Certified Mail - Return Receipt Requested 

addressed as follows: 

Charles J. Casolaro, Esq. 

Casolaro Sussman, LLP 

1050 Franklin Avenue, Suite 402 

Garden City, NY 11530 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn; Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

„ , FEB 1 6 2010 ^ 

jjaie: h^.^^^^,^t s^i^^^ 

Marianna Perero 

Paralegal Specialist 

Office of Regional Counsel 

] Aviation Plaja 

Jamaica, NY 11434