01/21/2010 15:51 FAX 2024935142 FAA + DMS @l001/005 

RECEIVED 

^ JAN \ I 201D 

Ht Af^^N^ DOCKET 

U.S. DEPARTMENT OF TRANSP0RTATl6^^" 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS ^ 

WASHINGTON, D.C i^ 

In the Matter of Helicopters Flite, Inc. 

FAA Docket NO.CP09EA00015 

Judge Isaac D. Benkin 

SECOND AMENDED COMPLAINT 

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

Complaint pursuant to Rule 214 of the Rules of Practice (14 C.F.R. 13.214), and 

states as follows: 

I 

Respondent Helicopters Flite, Inc., was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $11,000. 

On June 15, 2009, Respondent submitted a written demand for a hearing. 

ir 

1. At all time rclcvaiit herein. Helicopters Flite, Inc. was the holder of 

Air Carrier Certificate No. 09HA873J. 

2. During the entire period from February 12, 2008 to September 15, 

2008 or thereabouts, the only aircraft listed in the operations 

specifications of Helicopters Flite, Inc., as being authorized for air 

carrier operations was a Bell 407 helicopter, identification number 

N407Z (hereinafter "the N407Z aircraft"). 
01/21/2010 15:51 FAX 2024935142 FAA + DMS @]002/005 

3. During the entire period fi'Om February 12, 2008 to September 15, 

2008 or thereabouts, Helicopters Flite, Inc. did not have exclusive 

use of the N407 aircraft. 

4. It was not until September 15, 2008 or thereabouts that the Federal 

Aviation Administration discovered, through its own inspection, Itiat 

Helicopters Flite, Inc., did not have exclusive use of at least one 

aircraft under its operations specifications. 

in 

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

following section of the Federal Aviation Regulations: 

a. Section 135.25(b), which states that each certificate holder must have 

the exclusive use of at least one aircraft that meets the requirements for 

at least one kind of operation authorized in the certificate holder's 

operations specifications. In addition, for each kind of operation for 

which the ceriificale holder does not have the exclusive use of an 

aircraft, the certificate holder must have available for use under a 

written agreement (including arrangements for pcrfonning required 

maintenance) at least one aircraft that meets the requirements for ithat 

kind of operation. However, this paragraph does not prohibit the 

operator from using or authorizing the use of the aircraft for other than 
01/21/201 0 15:5 2 FAX 2024935142 FAA -> QMS 1003/00 5 

operations under tiiis part and does not require the certificate holder to 

have exclusive use of all aircraft that the certificate holder uses. 

IV 

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

exceed $25,000 for each of the violations alleged, or, for a small bu.siness concern, 

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

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

2, Under the facts and circumstances of this case, a civil penalty of $11,000 is 

appropriate. 

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

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 
01/21/2010 15:52 FAX 2024935142 FAA + DMS 21004/005 

in the amount of $11,000. 

Respectfiilly submitted, 

Alfred R. Johnson, Jr. 

Regional Coun.sel 

By: 

Zachaiy 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

PH: (718)553-3258 

FAX: (718)995-5699 

NOTE: 

The Rules of Practice for this pn>cceding 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 liie 

an answer (Section 13.209(e))-
01/21/2010 15:52 FAX 2024935142 FAA + DMS 2)005/005 

CERTIFICATE OF SERVICE 

I hereby certify that on this date the foregoing Amended Complaint has been sent via first class 

mail and facsimile, addressed as follows. 

Christoper T. Powell, Jr. Rsq. 

Powell Law 

527 Linden Street 

Scranton, PA 18503 

Telefax: (570)342-1232 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Eoor, Room EI2-320 

Washington, D.C. 20590 

Telefax: (202)366-7536 

I hereby certify tlxat on this date the foregoing Amended Complaint has been sent via first dass 

mail, addressed as follows: 

Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

Wilbur Wright Building-Suite 2W10000 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Date: io',\} /"y^z^c<^ <d^^' •^ ^ 

iisa Hooks 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

I Aviation Plaza 

Jamaica, NY 11434