12/01/2011 11:18 FAX 2024935142 FAA . QMS aooi/ooa 

iv\i;;;rORT/\T!ON^ 

U.b- Department • ^.': ! O'L.RATIO J !? Southern Region P.O. Box 20636 

of Transportation Office of the Regional Counsel Atlanta, Georgia 30320 

Federal Aviation (^04) 305-5200 

Administration (404) 305-5223 FAX 

HQ^ Z 1 2o n 

CERTTFIED - RETURN RECEIPT RBQUESTED , „ . ..-. -~, -•- ^- • , .^.^_ 

Hearing Docket Clerk ' " ''•^^ 

FA,VAGC'430, Suite 2W1000 C::'. ;^ 3 2011 

Wilbur Wright Building 

800 lndq>encience Avenue, SW ' rlt'-'.^" •^'•^ - \.)'- -C '•'^F-"~ 

Washington, DC 20591 

Re: In the Matter of Elite Air, Inc. J^Al Q(Df/- IfJ ^ 

FAACaseNo.2010SO150236 ^^ ' ' *^ '' ^ ^ 

Enclosed herewith please findia copy of a request for hearing Wid the original and one copy of 

the Complainl in the above-reiSrcnced proceeding 

The FAA requests \hai the hearing in this matter be held in the Tampa or Orlando, Florida area, 

and expects Ihit the hearing will last one day. 

Please address all com muni cations for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 ^ 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

RYAN M. LANDERS 

Attorney 

Office of the Regional Counsel 

Enclosures 
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VS. DEPARTMENT OF TRANSPORTATTON 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADIVflNISTRATlON 

tEDERAl, AVUTION ADMINISTRATION, 

Complainani, 

vs. 

Elite Air Inc. 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

The Federal Aviation Administraivon (FAA), by counsel, hereby tiles its Complaint, 

pursuant to Rule 208 of The Rules ot Practice (14 C.F.R. 13.208), and states as follows: 

I. 

1. On November 9, 2011, Respondent, Elite Air Inc. was advised through a Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of $5,775. On November 21, 2011, the Agency Attorney received a written request for a hearing 

from the Respondent. 

U 

2. At all times material herein Elite Air. Inc. was and is now the holder of Air 

Carrier Certificate No. E0YA592J. 

3. Elite Air's operations specifications permits operations under Part 135 using 

N444CW, a Cessna Citation. 

4. Elite Air's General Operations Manuel states that as part of the preflighl duties, 

the Pilot-in-Command will enter the inspection due dates and times in the Aircraft Flight 

Manifest (Form EAr-301"). 
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5. On or about September 12, 2010, a FAA representative inspected N444CW, 

which revealed that: 

a. Elite .A.ir operated N444CW on seven Part 135 flights between June 15, 2010. and August 

12, 2010; and 

b. Prior to each of the above-referenced flights, the Pllot-in-Command did not enter the 

inspection due dates and times on Form EAI-301. 

6. Elite Air'i; General Operations Manuel was not complied with during the seven 

above-referenced flights. 

III. 

7. As a result, Elite Air violated Section 135.2l(a") of the Federal Aviation 

Regulations in that each certificate holder, other than one who uses only one pilot in the 

certificate holder's operations, shall prepare and keep current a manual setting forth the 

certificate holder's procedures and policies acceptable to the Administrator. This manual must be 

used by the certificate holder's flight, ground, and maintenance personnel in conducting its 

operations. However, the Administrator may authorize a deviation firom this paragraph if the 

Administrator finds that, because of the limited size of the operation, all or part of the manual is 

not necessary for guidance of flight, ground, or maintenance personnel 

8. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil 

penalty not to exceed $1,100 for each of the violations alleged. 

9 Under the facts and circumstances of this case, a civil penalty of $5,775 is 

appropriate. 

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

Judge enter an order that Respondent be assessed a civil penalt>' in the amount of $5,775, 

Respectfully submitted this L A day of November. 2011. 

IKA N M . LANDERS 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you arc required to file a written answer to this 

Complaint, ot a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
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CERTIFICATE OF SERVICE 

1 hereby certify that a copy of the foregoing Complainl has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk (original -F 1 copv) 

FAA, AaC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Elite Air, Inc. 

c/o B Gray Gibbs, President 

100 2nd Avenue South 

Suite 101-S 

St. Petersburg, KL 33701 

X 

Le|j;^^Asskcant 

Office of the Regional Counsel 

NOV Z 1 iQii 

bated