p r -JWester n Aviators Inc . 2533 Lanyon Drive 

Aircraft Charter & Pilot Service Longmont, C O 80503 

Phone: 303-776-2733 

Fax: 303-774-8435 

March 15, 2010 

I haven't heard from your office, so I am sending another copy of my Letter of 

1/14/2010 request for formal hearing. 

Thank You 

Rick Fowler 

800/1000 SWO + VVd StLSSSteOS XVd iZZ\. 0L03/e0/S0 
Western Aviators Inc. 

Aircraft Charter &. Pilot Service 

2533 Lanyon Drive 

Longmont, CO 80503 

Phone: 303-776-2733 

Fax: 303-774-8435 

January 14,2010 

Federal Aviation Administration 

800 Independence Avenue, S.W, 

Washington, D.C. 20591 

Attn: Hearing Docket Cleik, AGC-430 

Orville Wright Bldg - Suite 2W1000 

Dear Clerk, 

I hereby request a fonnal hearing for Case No, 2009NM910017. 

Thank You 

.-it'.-

Rick Fowler 

President 

800/SOOia s wo + VVd StPLSSGtSO S XVd 8e:e L OLOS/GO/S O 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

) 

In the matter of; ) 

) FAA Docket No. CPWESTHRN AVIATORS, INC. ) Case No. 2009NM910017 

^ 

tPlDMMP^S l^^t^ - ^3/fJUDGE NOT ASSIGNED 

COMPLAlNANT^S MOTION TO DISMISS A REQUEST FOR A HEARING 

Pursuant to 14 C.F.R. § 13.218(0(2)(i) of the Rules of Practice in Federal 

Aviation Administration Civil Penalty Actions the Federal Aviation Administration 

(FAA or Complainant) hereby files this motion to dismiss a request for a hearing in this 

mailer. In support of this motion, the FAA states as follows: 

1. On January 4, 2010, the FAA issued a final notice of proposed civil 

penalty to Western Aviators, Inc. (Western Aviators or Respondent) proposing to assess a 

civil penalty in the amount of $7,700 for a violation of the Federal Aviation Regulations. 

2. The final notice of propo.sed civil penalty included language that Western 

Aviators was permitted fifteen days after receiving the final notice to request a hearing in 

the matter, or the company would waive its right to a hearing and an order assessing a 

civil penally would be issued. The final notice cited the mailing address of the Hearing 

Docket and also slated that a copy of the request was to be served on FAA coimsel. The 

final notice further stated that the request for a hearing was to be made in accordance 

soo/sooi a SHO •!• VVd stLseetsoe xvd 8e:eL oios/eo/s o 
with 14 C.F.R. § 13.16.' Hnclosed with the final notice were the following Federal 

Aviation Regulations; 14 C.F.R. § 13.16 and subpart G of part 13 (Rules of Practice in 

FAA Civil Penalty Actions). 

4. FAA counsel did not receive a request for a hearing from Western 

Aviators. 

5. On April 23, 2010 and April 26, 2010, FAA counsel spoke with the civil 

penalty docket clerk and was informed that on March 25, 2010 the hearing docket 

received correspondence from Western Aviators. The correspondence was postmarked 

March 15, 2010 and included two letters requesting a hearing. The first letter was dated 

January 14, 2010, staling a request for a hearing, and the second letter was dated 

March 15, 2010, which reiterated the company's request for a hearing. Although the 

January 14, 2010 letter was dated within fifteen days from the date of the final notice, it 

was not placed in the mail until March 15, 2010 and thus a timely request for a hearing 

was not made. 

^ See 14 C.F.R. § 13.16(g)(2), which states that not later than fifteen days after receipt of 

the final notice the person charged with the violation must either submit the amount of 

the proposed civil penally or an oiherwisc agreed-upon amount, or request a hearing; and 

14 C.F.R. §13.16(h), which states that the request for a hearing must be made with the 

hearing docket clerk and that a copy of the request is to be mailed to the FAA counsel. 

SOO/tOOia SWO + VVd StLSSGtSOS XVd 8e:SL OLOS/SO/SO 
WHEREFORE, the FAA respectfully requests that this motion to dismiss a request for a 

hearing be granted and that the proceedings be terminated without a hearing. 

Date: April 29, 2010 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

Enforcement Division, AGC-300 

Laura E. Jermings 

Attorney, AGC-300 

Federal Aviation Administration 

Office of the Chief Counsel 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Telephone: (202) 267-3452 

Facsimile: (202) 267-5106 

8OO/SOO0 SWQ <- VVd StLSCGfrSOS XVd 88:61 OLOS/SO/SO 
Certificate of Service 

I hereby certify thai on this date sent by U.S. mail, postage prepaid, certified 

return-receipt requested, and by regular mail, a copy of the Complaint's Motion to 

Dismiss a Request for a Hearing in the case of/r? the Mailer of Western Aviations, Inc.. 

FAA Case No. 2009NM910017, addressed to: 

Mr. Richard L. Fowler, President 

Western Aviators, Inc. 

2533 Lanyon Drive 

Longmont, CO 80503 

In addition, 1 hereby certify that on this date I delivered in person the original and 

one copy of the foregoing document to: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Attention; Hearing Docket Clerk, AGC-430 

W .^^H^vi(9^ Q}'a^(^^ 

Dated: April 29, 2010 

300/800 0 SWQ <• VVd St?LSSGtS02 XVd 88:8 1 OLOS/SO/SO