U.S. Department ofTransportation FederalAviation

### A~f~2°~012 Eastern Region Regional,Counsel Telephone: 718 553-3258 Facsimile: 718 995-5699
FIRST CLASS MAIL AND TELEF AX (202)366-7536 TheHonorable J.E. Sullivan, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200New Jersey Avenue, S.E. (£11-310) Washington, DC 20590 1Aviation Plaza Jamaica, NY 11434

Re: In the Matter ofHeloair, Inc.DocketNo. FAA-2012;.0472, CaseNo. 2011-EA210081 DearJudge Sullivan: Enclosedhereinplease find a copy ofthe FAAis Second Amended Complaint in the above-entitled action for filing, togetherwithproofofservice uponthe Respondent. Sincerely, Alfred R. Johnson, Jr. Regional Counsel
By: Attorney Enclosures
cc: John G. Butler, III, Esq., SANDS ANDERSON PC, Bank ofAmerica Center, 111 East Main Street, Suite 2400, Richmond, VA, FAX: 804-783-2391 (via fax and

.first class mail)cc: Federal Aviation Administration, 800 Independence Avenue, SW, Washington,. DC 20591, Attn: Hearing Docket Clerk, AGC.A30, Wilbur Wright Building-Suite 2W10000 (via first class mail)

2**··~·?:**U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.
In the Matter ofHeloair, Inc. DocketNo. FAA-2012-0472, Case No. 2011-EA-210081
SECOND AMENDED COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Amended Complaint, pursuant to Rule 13.214(b)(1) of the Rules of Practice (14 C.P.R. I I 

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..208), and states as follows: I I Respondent, Heloair, Inc., was advised through a Final Notice of Proposed Civil "''**~** Penalty that the FAA proposed to assess a civil penalty in the amount of$33,000. On May 9, 2012, Respondent submitted a written demand for ahearing. II

1. At all times relevant herein, Heloair, Inc. (hereinafter "Heloair") was the holder ofPart 135 Air Carrier Certificate No. RW8A341W. 2. At all times relevantherein, Heloair, Inc., maintained and operated a Bell 427 aircraft, identification number N7NU (hereinafter "the aircraft"). 3. At all times relevant herein, the aircraft had installed in it a Garmin GPS 496.

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·' 4. The Garmin GPS 496 was a portable electronic device. 5. On or about July 20, 2011, inspectors of the Federal Aviation Administration (FAA) performed an inspection of the aircraft and the records associated with the aircraft at Heloair's principal base of operations in Richmond, VA (hereinafter "the inspection"). 6. Incident to the inspection, the FAA inspectors discovered that the wiring associated with the installation ofthe Gannin GPS 496 had not been tested in accordance with 14 CFR Section 27.1365(c). 

### 7. Incident to the inspection, the FAA inspectors discovered that the Garmin GPS 496 had not been tested to determine that it would not cause interference with the navigation or communication system of the aircraft onwhich it wouldbe used 8. Incident to the inspection, the FAA inspectors discovered that the Garmin GPS 496 was installed with unapproved wiring. 9. By virtue ofthe allegation set forth in Paragraphs (6) through (8), above, the aircraft was not in an airworthy condition. 10. Incident to the inspection, on or about July 20, 2011, the FAA inspectors advised Heloair oftheir findings set forth in Paragraphs (6) through (8), above, and advised Heloair that installation ofthe Garmin GPS 496 may be contrary to the Federal Aviation Regulations. 11. Notwithstanding the above, Heloair releasedthe aircraft for return to service when the aircraft was not in an airworthy condition for the reasons set forth above. 12. On or about August 6, 2011, Heloair operated the aircraft on two flights, from Richmond, VA to Irving, VA, and return (hereinafter "the flights"). "''**~**

13. During the flights, the aircraft was in an unairworthy condition, as ""' e described above. III By reason ofthe foregoing facts and circumstances, Respondentviolated the 4J' following sections ofthe Federal Aviation Regulations:

a. Section 91.7(a), which states that no person may operate a civil aircraftunless it is in an airworthy condition. b. Section 91.21(a)(l), which states that no person may operate, nor may any operator or pilot in command of an aircraft allow the operation of, any portable electronic device operated by a holder of an air carrier certificate or an operating certificate.

IV

Pursuant to 49 U.S.C. §46301(a)(l), Respondent is subject to a civil penalty not to exceed $25,000 for each ofthe violations alleged, or, for a small business concern, pursuant to 49 U.S.C. §46301(a)(5), Respondent is subjeCt to a civil penalty not to exceed $11,000for each ofthe violations alleged. 2. Under the facts and circumstances of this case, a civil penalty of $22,000 is appropriate.
WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative LawJudge enter an orderthatRespondentbe assessed a civilpenalty

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; in the amount of$22,000. Respectfully submitted, AlfredR; Johnson, Jr. Regional Counsel



### By: Attorney Federal AviationAdministration 1Aviation Plaza Jamaica, NY 11434 718 553-3258 718 995-5699 Date: October 11, 2012 NOTE: 

### The Rules of Practice for this proceeding are set forth in Part 13, SubpartG, oftheFederalAviation 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 laterthan 30 days afterthe date shown on the Certificate ofService. A general denialis deemed a failure to file an answer(Section 13.209(e)).

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CERTIFICATE OF SERVICE I hereby certify that the foregoing Second Amended Complaint has been sent this"''! date via first class mail andtelefaxto the following: John G. Butler, III, Esq. SANDS ANDERSON, PC Babank ofAmerica Center 1111 EastMain Street, Suite 2400 Richmond, VA23219 FAX: (804)783-7291 The Honorable J. E. Sullivan, Administrative LawJudge Office ofHearings,M-20 U.S. Department ofTransportatation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 FAX: (2020)366-7536 I hereby certify that the foregoing Second Amended Complaint has been sent this 'L2'e: dateviafirst class mail to the following: · Federal AviationAdministration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: HearingDocket Clerk, AGC-430 Wilbur WrightBuilding- Room2014

Date:

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# ~k L1 ooks Paralegal Specialist Federal AviationAdministration Office ofRegional Counsel 1AviationPlaza Jamaica, NY 11434
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