04/28/2012 15:09 FAX 2024935142 

U.S. Department 

of Transportation 

federol Aviotion 

Administration 

February 16, 2012 

In Reply 

Refer to: AGI,-7M 

FAA 

RECEIVED 

FEB 2 2 2012 

HEARING DOCKET 

"' OMS 

Great Lakes Region 

2300 E. Devon Avenue 

Des Plaines, IL 60018 

Area Code 847 /294-·/313 

CER'.f'I FIED 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. w. 

Washington; DC 20591 

.Attn: Bearing Docket. Clerk 

AGC-430, Wilber Wright Building 

Suite 2Wl000 :J OJ:;. - Dtb2.j . Re: Midwe~t JeL Charter Inc. 

fAA Case No.! 2011-GL-19-0021 

r fil()-r A-f~ -~A~ 

@001/008 

Enclosed herewith please 

original and one Gopy of 

proceeding. 

find al,90PY of a request for hearin:.ljand 

the Complaint in the above-refer~nced 

1 ..l1e 

The F'AA requests that the hearing in this matt€x· be held .in 

Springfield or Chicago, Illinois, and expeCt3 that Lhe hearing will 

last one day. 

Please address all communications for the ~M to the undersigned at: 

Enclosu-re::~: 

Federal Aviation Administration 

Regional Counsel (AGL-7) 

7.300 Ease Devon Avenue 

Des Plaines, IL 60018 

Si ncer:ely, 

~~~-e~· 

t .Briana Martino 

Attorney 

Request for ing 

Complaint 

cc: Respondent (w/copy of Complaint.) 
04/28/2012 15:09 FAX 2024935142 FAA -+ OMS 

·· ....... ' 

CERTIFICnTE OF SERVICE 

I hereby cercify that 1 have, this date, served the foregoing 

Complaint by mailing the following copies, Certified Mail (Returl?-

Receipt Requested) : 

Orig~~)al and 1 Copy: 

One Copy; 

Hearing Docket 

Fed~ral Aviation Administrat.ion 

BOO Independence Avenue, S. W. 

Washingt.on, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright:. Huilding 

Suite 2WIOOO 

Tim Lodes 

Director of Human Resources 

Midwest Jet Charter Inc. 

412 Airport Ro<:td 

Mattoon, Illinois 61938 

Dated this 161. 11 day of February, 2012. 

¥~~Li~ FAA, Great Lakes Region 

~ 002/008 
04/26/2012 15:09 FAX 2024935142 FAA "' OMS ~ 003/006 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFI·CE OF HEARINGS 

WA$HI:NGTON, D.C. f-<ECEIVED 

IN THE MATTER OF 

Midwest Jet Charter, Tnc. 

FAA DOCKET NO. (not assigned) 

(Civil Penalty Action) 

OMS NO. (not assigned) 

FAA CASE NO. 2011-GL-19-0024 

COMPLAINT 

FEB 2 2 2012 

HEARING DOCKET 

The Federal Aviation Administration (FAA), by counseL he r-el;y 

files its Complaint., pursuant to Rule 208 of the P.ules of Practice (11 

C.F.R. 13.208), and states as follows; 

I 

1. On January 18, 2012, Respondent Midwest Jet Charter Inc. 

was advised through a Final Notice or Proposed Civil Penalty that. Lh~ 

I:'AA proposed l.o assess a civil penalty in the amount o:t $6,600. On 

January 30,. 2012, Respondent submi~ted a written request for a 

hearing. 

2. At c:~ll relevan~ times herein, Midwest. ,Jet Chi'J..['L~L·, Inc. 

(MidwE;st) was the holder of Air Carrier Cer.·l. ifica~e Numbe:r HMOA452K 

and authorized to conduct common carriage operations. 

3. Midwe:'.:lt. .i.s t:.he registered owner and operator of civil 

aircraft N350RK, a B~ech Model B300. 
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··--

4. In its air carrier operation Midwest employed the services 

of a commercial pilot, David D. Cole (Cole), and operated a N350RK. 

5. At all times relevant hereto, Cole acted as pilot in 

comm~nd and operat~d N350RK as a pilot of, and agent of, Midwest. 

6. On .January 20, 2011, Cole operated N.3.50RK on a flight under 

Instrument Flight Rules (IFR) from Henderson ExecU1:ive Airport (I<HND) 

in Nevada to Des Moines International Airport (KDSM) in Iowa. 

7. Prior to the January 20, 2011 flight., Col~ filed;;~ flight. 

plan indicating the flight was authorized for Reduced VerH Ca 1 

Separation Minimum (RVSM) operations. 

8. The flight plan filed for N350RK f~om KHND to KDS~ on 

January 20, 2011 included a planned cruising altitude of Flighc Level 

( F'L) 2 90. 

9. During the flight, N350RK climbed to a cruise altitude of 

FL 290 and entered RVSM designated air~pF.Ice cont.roll~d by 1o.s Angeles 

and Denver C8nters. 

10. At all times relevant hereto, N350RK did not comply with 

the minimum standards in Appendix C of Part 91, to operate in RVSM 

airspace. 

11. At all times relevant hereto, Midwest did not comply with 

Appendix G of Part 91 and was not authori:z;ed by the Administrator to 

conduct operations in RVSM airspace. 
04/26/2012 15:08 FAX 2024835142 FAA + OMS Ill 005/006 

···~ ~· 

II 

By reason of the foregoing facts and circumstances, Respondent 

violated Sec~ion(s) 91.180(a) of the Federal Avia~lon RegulaLions. 

1. Purauant to Title 49 of the United States Code, Section 

46301 (49 u.s.c. §46301), Respondent is subject to a civil penalLy noc 

to exceed $11,000 for each violation alleged. 

2. Under the facts and circumstances of this case, u civil 

penalty of $6,600 is appropriate. 

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

Administrative Law Judqc ant€r an Order that Respondent be assessed a 

civil penalty in the amount of $6,600. 

Respectfully submitted this 16th day of February, 2012 . 

.iriana Martino 

Attorn~y 

Federal Aviation Administration 

Grea~ Lakes Region, AGL-7 

2300 Er1~1. Devon A.venue 

Des Plaines, IL 60018 

(847) 294-7313 

FAX: (817) 294-7498 

AGL-7M 
04/28/2012 15:09 FAX 2024935142 FAA "' OMS 

-...... · 

I hereby certify that the foregoing Complaint has been mailed this 

date by Certified Mail, Return Receipt Requested, to: 

Origi~?.l and One Copy: 

One Copy; 

Hearing Docket 

Federal Aviat.ion Administration 

800 Independence Avenue, s. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wllber Wright Building 

Suite 2Wl000 

'l'im Lodes 

Director of Human Resources 

Midwest Jet Charter Inc. 

41?. Airport Road 

Mattoon, Illinois 61938 

Dated this 16th day of February, 2012. 

FAA Great Lakes 

@ 008/008