RECEIVED 

U.S.DEPARTMENTOFTRANSPORTATION A\1' 3• 

!l 

In The Matter Of: 

HELOAIR, INC., 

Respondent. 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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) 

) 

) 

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ANSWER 

~i_~I?('NG DOCKET 

Docket No. FAA-2012-0472 

Case No. 2011-EA-210081 

Respondent, HeloAir, Inc. ("HeloAir "), by its undersigned counsel, hereby responds to the 

numbered paragraphs of the Administrator's Complaint as follows: 

Paragraph 1. HeloAir admits that it is the holder of Air Carrier Certificate No. RW8A341 W. 

Paragraph 2. HeloAir admits that it maintained and operated a Bell 427 aircraft, identification 

number N7NU (hereinafter "the aircraft"), beginning on May 18,2007. 

Paragraph 3. HeloAir admits that it may have performed certain maintenance on the aircraft 

on or about July 20, 2011. HeloAir denies that it installed the Garmin GPS 496 on July 20, 2011 or 

on any other date. 

Paragraph 4. HeloAir denies the allegations contained in paragraph 4 of the Complaint. 

Paragraph 5. HeloAir admits the allegations of paragraph 5 of the Complaint. 

Paragraph 6. HeloAir denies the allegations contained in paragraph 6 of the Complaint. 

Paragraph 7. HeloAir denies that it installed the Garmin GPS 496 and denies that it was 

required to do any testing of the Garmin GPS 496. 

Paragraph 8. HeloAir denies the allegations contained in paragraph 8 of the Complaint. 

Paragraph 9. HeloAir denies the allegations contained in paragraph 9 of the Complaint. 

Paragraph 10. HeloAir denies that it installed the Garmin GPS 496 on the aircraft. HeloAir 

denies the remaining allegations contained in paragraph 10 of the Complaint. 

(W2039443.1 009816-084619} 
7. HeloAir also reasonably relied upon the Federal Aviation Administration, which 

following HeloAir taking over the operation and maintenance of the aircraft, inspected the aircraft on 

numerous occasions and flew in the aircraft on numerous check flights. (See attached list ofF AA 

inspections and FAA check flights involving the aircraft, which is attached as Exhibit B). At no time 

during these numerous inspections and check flights, did the FAA notify HeloAir of any irregularities 

or defects regarding the installation or operation of the Garmin GPS 496. 

8. HeloAir moves to dismiss the Complaint as the alleged violations occurred on or after 

August 2, 1990 and more than two years before the Administrator issued a Notice to Propose Civil 

Penalty to HeloAir. The installation of the subject Garmin GPS 496 took place on April 10, 2007 by 

Edwards & Associates, Inc., FAA Repair Station FKFR930D. The Administrator's Notice of 

Proposed Civil Penalty was dated November 3, 2011. As such, the Administrator's Complaint is 

subject to dismissal as stale. 

9. The installation of the Garmin GPS 496 has been conducted in a similar fashion on 

numerous (hundreds of) aircraft of various makes and models across the Country and has been 

approved by the FAA. 

10. The Administrator's failure to follow internal procedures warrants a waiver of the 

imposition of any civil penalty. 

11. HeloAir intends to rely on all available defenses that may be revealed through the 

course of this matter, and thus reserves the right to amend, modify or supplement this Answer as 

warranted. 

HeloAir respectfully requests that the Administrative Law Judge deny the Administrator's 

Complaint, dated May 17,2012, requesting a civil penalty in the amount of$33,000, and award 

HeloAir its fees and costs. 

{W2039443.1 009816-084619 J 
7. HeloAir also reasonably relied upon the Federal Aviation Administration, which 

following HeloAir taking over the operation and maintenance of the aircraft, inspected the aircraft on 

numerous occasions and flew in the aircraft on numerous check flights. (See attached list ofF AA 

inspections and FAA check flights involving the aircraft, which is attached as Exhibit B). At no time 

during these numerous inspections and check flights, did the FAA notify HeloAir of any irregularities 

or defects regarding the installation or operation of the Gannin GPS 496. 

8. HeloAir moves to dismiss the Complaint as the alleged violations occurred on or after 

August 2, 1990 and more than two years before the Administrator issued a Notice to Propose Civil 

Penalty to HeloAir. The installation of the subject Garmin GPS 496 took place on April 10, 2007 by 

Edwards & Associates, Inc., FAA Repair Station FKFR930D. The Administrator's Notice of 

Proposed Civil Penalty was dated November 3, 2011. As such, the Administrator's Complaint is 

subject to dismissal as stale. 

9. The installation of the Gannin GPS 496 has been conducted in a similar fashion on 

numerous (hundreds of) aircraft of various makes and models across the Country and has been 

approved by the FAA. 

10. The Administrator's failure to follow internal procedures warrants a waiver of the 

imposition of any civil penalty. 

11. HeloAir intends to rely on all available defenses that may be revealed through the 

course of this matter, and thus reserves the right to amend, modify or supplement this Answer as 

warranted. 

HeloAir respectfully requests that the Administrative Law Judge deny the Administrator's 

Complaint, dated May 17,2012, requesting a civil penalty in the amount of$33,000, and award 

HeloAir its fees and costs. 

{W2039443.1 009816-084619} 
HEARING REQUESTED IN RICHMOND, VIRGINIA 

Dated: August j_, 2012 

(W2039443.1 009816-084619} 

Respectfully submitted, 

SANDS ANDERSON PC 

G. Butler, III, Esquire (VSB # 46200) 

Counsel for Respondent 

SANDS ANDERSON PC 

Bank of America Center 

(DCB # 460969) 

1111 East Main Street, Suite 2400 

Richmond, Virginia 23219 

Telephone: (804) 648-1636 

Facsimile: (804) 783-7291 
CERTIFICATE OF SERVICE 

I hereby certify that I have this date mailed, by United States mail, postage prepaid, an 

original and one copy of the foregoing Answer addressed to: 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 000 

And further, that I have this date mailed, by United States mail, one copy of the foregoing Answer 

addressed to: 

Zachary M. Berman, Complainant's Counsel 

Office of the Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, New York 11434 

Telephone: 718-553-3258 

Facsimile: 718-995-5699 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, D.C. 20590 

Telephone: 202-366-2132 

Facsimile: 202-366-7536 

Whit Baldwin, President 

HeloAir, Inc., Respondent 

5721 Gulfstream Road 

Richmond, Virginia 23250 

Telephone: 804-226-3400 

Facsimile: 804-226-3494 

Dated: August_!}_, 2012 

{W2039443.1 009816..084619} 
422_461 RC~FTMODEL -SERIAL NO. REGISTRATION NO. OWNER 

4'~1 5t,o;)S N 'f~ '1 "'f SiwA.cL + ~C.:.C;ks, ~' 

ILOT DATE TYPE OF ACFT.HRS. ENG. STARTS TORQUE LANDINGS POWER ENG.1 ENG.2 

FLIGHT ENG.1 ENG.2 §..VENTS ASSURANCE 

0 

~~ TORQUE ! ~ : 

0 TOTnTT i 

~ ; N1 ! i 

/ V" i ' N2 ! . i 

v . 

/ I . ! OAT 

TOTAL FOR THE DAY . i PA • i 

AIRCRAFT & ENGINE AIRCRAFT ENG. HOURS ENG. CYCLES TORQUE LANDINGS I CERTIFY TI'IAT THE DAILY 

'LIGHT HRS I CYCLES I RIN HOURS ENG.t ENG.2 EN~. 1 · ENG. 2 EVENTS INSPECTION WAS COMPLETED 

• .I AGCORDING TO THE 

'OTALS BROUGHT FORWARD: \0'1 ., 1"0'7 ~ '7 j l01 °1 Jl+~ II'+~ Ito~ I loa MAINTENANCE MANUAL. 

i y . rOTALS FOR TODAY: • • i . : 

'CCUMULATIVE TOTAL: . . ; . / ; 

; 

: ! 

NEXT SCHEDULED 1/ i NAME & CERTIFICATE NO. 

INSPECTION DUE: : 

: 

; 

TYPE INSPECTION /I : 

(50, 100, ETC.) I DATE: 

ANNUAL INSPECTION / : 

of \TE: I 

_:_ I ; 

PILOTS AND MAINTENANCE RECORD 

PILOTS ENTER DISCREPANCIES- MECHANICS ENTER ALL-MAINTENANCE PERFORMED 

FLIGHT REMARKS DISCREPANCIES 

1 

W/0 C07134EA, C07642EA 4-10-07 COR RECTI\ N4~7KP S/N 56025 

ACTION ACTT .107.7 #1 ENG TSN 107.7 CYCLES 142 #2 ENG TSN 107.7 CYCLES 142 

TQ EVENTS 162 LANDINGS 162 

2 Performed boroscope inspection of Transmission Assembly P/N 427-D40-006-113 

S/N A-52 TSN 107.7 and T/R Gearbox Assembly P/N 427-042-400-105 S/N A-65 

CORRECTI\1 TSN 107.7 per Bell's Engineering recommendations per BHT e-mail dated 12-13-06 

ACTION due to long term inactivity. No defects noted. ·····END-·---

3 

&4{--. PARTS AND SERVICES SOLD OR 

CORRECTI'\1 PERFORMED CONFORM TO BELL 

ACTIQN APPROVED PARTS STANDARDS, 

INSPECTOR -FOR ....__ CURRENT BELL PUBLICATIONS 

4 EDWARDS&. ASSOCIATES, INC. AND FAA REQUIREMENTS. 

BRISTOL, TN 37625 

CORRECTlY FAA REPAIR STATION FKFR930D 

ACTION 

5 

EXHIBIT ,___ { RRECfiVE 

 ACTION 

HELICOPTER LOG 

j ~ 

Bell Helicopter Uti itt•: A~olltltrt 

7861 55349 REV 195 POSt OFFICI 80X .Ut • FORt WORTH. tEXAI1'6101 

.. . ~. . ... ~ 

~ .:.-... ~~~''" **• ,- .. t' t 11":7' tnt ·rrs ·· r-tifr·-i 
N427KP SIN 66025 W/0 C07134EA ACTT: 107.7 04/10/2007 

Page 1 of 1 

i f£ I IIIMJI 

. "'·"t< 

• Inspected the aircraft and found 1 ea. Honeywell KR87 AJ;)F System (KR87 AOF System consists of PIN 427 -105-010-101I<R87'ADF 

Provisions and P/H 427•705.oi0·10~ Klt47 AOF ~quipment} to have been instaffed without the proper docuaraerriiition. Upon 

inspection offhfs installation it has been detennlned that this alteratipn is minor in accordance With FAR Part 1, Paragraph 1.11 as 

the modifications do not appreciably affectaitcraftwei!Jhf, balance, structural strenQth, performcwnce, powerphintopenition,flight 

characteristics, or other qualities affecting airworthiness and the work was completed by elementary operafiort$ in 3c;cordance with 

accepted practices contained in AC 4$.13 .. 18 Change 1,AC43.13-2A and Bell Heliitop~rTeldran $f.andard Practices 

All-SPM •. 

• Installed 1 ea. Garmin lnfetnafional, Inc. GPSMAP49$ GP$ Sf$tem to include: 

1 ea.. Gannin GXM30A Antenna PIN 011..01316-10, S1N 18207070 at t=.S. 43.0 I -5.0 sec~d to f;hC';) folward insttff~1tt p;;.;i~ ' . shroud using a 2024T3 ang1e bracket and "MS"hardware (reference EA Fabrication Follower# FF421-43-XM Antenna). 

1 ea~ ~artnm GPSMAP496 GPS, SIN 1970$~79 at F.$. 69.0 I 0.0 secured to the center post betweep the windshields using a 

2024T3 angle bracket and "NiS" hardwara{refel'8llce EA Fabrication ~ollower if. FF'-421.09-GPS496). 

Note: AU wiringwas·petformed in accotdan~ with.EA DWG #AV4)7~000 which is being supplied to the owner/operator. The 

GPSMAP496 GPS is runit.ed to VFR use ottfy, installed referencing AC to-138A Paragraph 9 and evalu;~ted 1.1nder the criteria in 

paragraph fie (1) and found to be a minor alteration. ihe GNS$Equipment/!J:!!?tplacarded "VFR Use Only" because the ll!~J14~ 

rotorcraft is not certified for IFR flight per FAR 21, Appendix B which would a~Stt limit the equipment to VFRu$9 only. Pue to the 

VFR limitation, a RFMS is not required per the Advisory Circular, paragraph 9. 

• Removed 1 ea. Honeywetlln~mational,lnc. Ki76C Transponder, PIN 066-01156-0101, SIN 11822 and inslalll:ld 1 ea. Honeywell 

lnwmational,lnc. KT7f) ModeS fransponder, PIN 066..01141-0101, SIN 17'171 a$ a direct replacement. 

• Installed new Pointer et.T aattery, PIN 2020t NSN (battery expiration date 01/2009)• •· Installed new Pointer ELT Antenna, PIN 2006-10, NSN a$ a dltect replac»mentforthe old antenna. 

• Rewired the cabin ICS and installed Bose beadsta provisions JAW eA DWG # AV.o07-6032. 

The"'""""waswef9hed and a --htand balan,.was _,........ Thefllght-oal~~'?ol..,ft .. approved for return to service for the above listed work. Reference: W/0 C07143EA-I:NO- ~ 

TOM S.ALMAN . INSPJ!!CTOk FOR 

EDWARDS & ASSOCIATES, INC. 

FAA REPAIR STATJOtl FKFR930D 

DATE Aoril10.2007 ACTT 107.7 SIN ~ ·INSP.EC'Ilm TH£i MAKE: fOINt§W MODE&.: ~I SISRW. HUMBElR: 408718 lil.T SYSTEM IN THIS 

AIRCRAFT ACCORDING TO APPUtAaLE AIRCAAl=T AND MANUFACTUReR'S INSTRUCTIONS AND APPLICABLE FAA DAN .AND FOUND THAT IT 

MEEfS THE REQUIREMENTS OF FAR 91.207{d). THE ELT BATTERY EXPIRES ON JANUARY 2009. 

DATE Aprii1Q,2007 ACTT 107.7 SIN 56025,1CERTIFYTHATTHISTRANSPONDERMAKE: HQNEYWEI.L/MODEL: m!!ISIN: f7177HASBEEN 

TESTED,JNSPECTEDANOWASFOUNDTOMEETTHEREQUIREMENTSOFFAR91.411(a)(3), FAR91.413, FAR43,APP c) .F , 

APPENDIX F. 
LIST OFF AA INSPECTIONS AND FAA CHECK FLIGHTS 

Operations Aircraft Ramp Inspections 

N7NU 04/16/08 Fritz A. Heunemann Aviation Safety Inspector - Operations 

Maintenance Aircraft Inspections 

N7NU 06/03/09 Records Inspection Kenneth L. Bain 

Aviation Safety Inspector - Maintenance 

N7NU 02/23/11 Spot Inspection Kenneth L. Bain 

Aviation Safety Inspector - Maintenance 

Avionics Aircraft Inspections 

N7NU 06/03/09 Records Inspection Larry Dale Herner 

Aviation Safety Inspector - Avionics 

N7NU 06/03/09 AD Compliance Inspection Larry Dale Herner 

Aviation Safety Inspection .,...- Avionics 

Observe Check Airmen Check Rides 

N7NU 04/15/08 Fritz A. Heunemann Aviation Safety Inspector - Operations 

N7NU 04/16/08 Fritz A. Heunemann Aviation Safety Inspector - Operations 

N7NU 03/09/10 Fritz A. Heunemann Aviation Safety Inspector - Operations 

Airmen Flight Check Rides 

N7NU 04/15/08 Fritz A. Heunemann Aviation Safety Inspector - Operations 

N7NU 04/16/08 Fritz A. Heunemann Aviation Safety Inspector - Operations 

N7NU 02/13/09 Fritz A. Heunemann Aviation Safety Inspector - Operations 

N7NU 04/06/11 Fritz A. Heunemann Aviation Safety Inspector - Operations 

EXHIBIT 

1:13