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In the matter of 

M & R HELICOPTER 

Docket No. CPlOSOOOll 

FAA Case No. 2009SO950434 

Chief Judge Ronnie A. Yoder 

COMPLAINANT'S RESPONSE TO RESPONDENT'S MEMORANDUM OF 

LAW SUPPORTING DISMISSAL OF CITATION 

Respondent asks the Chief Administrative Law Judge to dismiss the case. 

Respondent provides four arguments supporting his request. As discussed below^, there is 

no basis for this motion. 

Respondent first argues that M & R Helicopters, LLC ("M & R Helicopters") 

"has not been in operation since 2007 rendering the citation moot." (Resp't's Mot. 6). 

This argument is addressed in Complainant's Pre-Hearing Brief that was filed with the 

Chief Administrative Law Judge on May 27, 2011. 

Respondent then argues that "Mr. Baker is not and has never been an employee of 

Respondent." (Resp't's Mot. 7). This argument is based on the moonlighting issue that 

is addressed in Complainant's Pre-Hearing Brief that was filed with the Chief 

Administrative Law Judge on May 27, 2011. 

Next, Respondent argues that M & R Helicopters "was not provided adequate 

notice of any regulatory changes." (Resp't's Mot. 9). Respondent's argument was 

previously submitted to the Chief Administrative Law Judge. (Resp't's Mot. Dec. 10, 

2010; Resp't's Mot. - Inadequate Methods of Compliance and Notification Feb. 17, 
2011; Resp't's Mot. - Inadequate Disclosure and Interpretation of Regulations Feb. 17, 

2011). The Chief Administrative Law Judge denied these motions. (Pre-Hr'g Conf 93). 

Finally, Respondent argues that "the citation must be dismissed by virtue of the 

stale complaint rule." (Resp't's Mot. 11). Inaletterto the Chief Administrative Law 

Judge dated April 8,2011, Ms. Ponto, an attorney for the FAA, provided both a Notice of 

Proposed Civil Penalty, dated July 23, 2010, and the Federal Express tracking 

information for the Notice of Proposed Civil Penalty, also dated July 23, 2010. The 

Notice of Proposed Civil Penalty states that a violation of the Federal Aviation 

Regulations occurred on July 24, 2008. The Notice of Proposed Civil Penalty was served 

on July 23, 2010, within the two year statute of limitations in which an FAA attorney 

must issue a notice of proposed civil penalty after a violation date. 14 C.F.R. 

§ 13.208(d). 

WHEREFORE, Complainant respectfully requests that the Chief Administrative 

Law Judge deny Respondent's Memorandum of Law Supporting Dismissal of Citation. 

Respectfiilly submitted, 

Peter Lynch 

Assistant Chief Counsel 

for Enforcement 

By: 

Charles Raley, Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Phone: (202)267-3357 

Facsimile: (202)267-5106 

Dated: May 27, 2011 

U 
r 

Certificate of Service 

I hereby certify that on this date I have placed in the U.S. mail, postage prepaid, 

certified return-receipt and by facsimile, a copy of Complainant's response to 

Respondent's Memorandum of Law Supporting Dismissal of Citation In the Matter of 

M &R Helicopter, Docket No. CPlOSOOOllO, FAA Case no. 2009SO950434, addressed 

to: 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

U.S. Department of Transportation, M-20 

East BIdg. Ground Floor, Room El2-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Facsimile: 202-366-7536 

In addition, I hereby certify that on this date I have sent by the U.S. mail, postage 

prepaid, certified return-receipt one copy of the foregoing document to: 

Dr. Michael B. Selig 

President 

M & R Helicopters, LLC 

2045 Westgate Dr., Suite 205 

Bethlehem, PA 18017 

In addition, I hereby certify that on this date I have sent by the U.S. mail, postage 

prepaid, certified return-receipt, the original and one copy of the foregoing document to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Dated: May 27, 2011