~~ .. _:::,~ .. '"\R.Tk(El~ifJs .. DEPARTMENT OF TRANSPORTATION 

. ,•.!:·:>r~r'c)or~6;~TI11~,'c· •l "!SDr)<..ijnJTC''~ oFFICE oF HEARINGs RECEIV .. · · ED ''~"'-· ,., L,l \ "·'I,J WASHINGTON, DC 

ZO!Z ~:rr .. 8 ,L>;, 10: 0 S . MAY - 1 2012 

***************************************iiE:~~·~c; [)()C:ttl:lr 

In the Matter of 

AIR AMBULANCE BY AIR TREK, INC. 

FAA Docket No. [to be assigned] 

(Civil Penalty Action) 

DMS No. FAA-2011·1003 

Chief Administrative Law Judge Ronnie A. Yoder 

**************************************** 

COMPLAINANT'S SUBMISSION OF EXHIBIT 

AND WITNESS LISTS 

The Federal Aviation Administration ("Complainant"), by and 

through its designated representative, the Regional Counsel for the 

Eastern Region and his duly appointed agents, hereby submits its lists 

of witnesses and exhibits. 

I. DOCUMENTARY EVIDENCE 

The Complainant intends to introduce the following documents into 

evidence at the hearing: 
1. FAA Aircraft Registry Detail pertinent to aircraft N7 44AT, 

Serial Number 550-0017, identifying Air Ambulance by Air 

Trek as the owner. 

2. Management Agreement between Air Ambulance by Air 

Trek, Inc. and Aero National, Inc. 

3. Aero National, Inc. letter dated January 28, 2009, 

requesting Operations Specifications authorization to 

utilize aircraft N7 44AT in air medical transport. 

4. FAA letter dated March 30, 2009, to Aero National, Inc. 

detailing the findings of the FAA Conformity Inspection 

performed on aircraft N744AT. 

5. Photographs of cabin interior ofN744AT depicting the 

unapproved installation of more than 100-feet of household 

aluminum carpet trim. 

6. Picture of section of seat rail in N744AT at time of 

conformity inspection. (Copy enclosed.) 

7. Facsimile from Air Trek, Inc. depicting specification data 

pertinent to aluminum weather-stripping hardware 

installed in N7 44A T. 

8. Information on Macklanburg-Duncan Company. 

9. FAA Form 337, dated February 20, 2004, setting forth 

owner's requirements to comply with the 3-month function 

test of the Ameri-King Emergency Locator Transmitter as 

per the Instructions for Continued Airworthiness (ICA). 

10. Maintenance record entry, N7 44A T, for performance of 

"Phase 55" inspection per Cessna Maintenance Manual. 

11. Unapproved FAA Form 337, dated May 5, 2009, for the 

installation of the Garmin Model500W Series GPS-WAAS 

Navigation System in aircraft N744AT. 

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12. Supplemental Type Certificate, SA01933LA, Approved 

Model List, dated November 6, 2006, for Garmin Model 

500W Series GPS-WAAS Navigation System. 

13. Record of Telecon, dated April 2, 2009, between Inspector 

Laura Delewski and Garmin Technical Support, confirming 

lack of permission for installation of GPS W AAS in 

N744AT. 

14. Garmin STC SA01933LA Upgrade Installation Manual, 

Revision D, dated March 2008. 

Other than Exhibit 6 (seat track picture), each of the foregoing exhibits 

has already been produced or was previously in the possession of 

Respondent and is not being submitted with this filing or included with 

any service copies. Exhibit 6, an enhancement of a photograph 

previously provided, is included with this submission. 

II. LIST OF WITNESSES 

The Complainant intends to call the following individual to testify as a 

witness at the hearing in this matter: 

Laura Lynn Delewski 

Aviation Safety Inspector 

Allegheny Flight Standards District 

Pittsburgh, P A 

Inspector Delewski will testify that in February 2009, Air 

Ambulance by Air Trek (AAAT) brought a Cessna 550 turbojet 

aircraft, identification number N7 44A T, to Washington 

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County Airport, Washington, Pennsylvania, for the 

performance of a conformity inspection prior to its use as an 

air taxi aircraft. AAAT intended to engage Aero National, 

Inc., to manage the aircraft, including usage in Aero 

National's air taxi operations. Aero National, Inc. is among 

the air taxi operators for which Inspector Delewski has 

regulatory oversight responsibility as a Principal Maintenance 

Inspector. 

During the conformity inspection, several maintenance 

discrepancies came to light, including installation of 

aluminum carpet trim labeled with hardware store bar codes; 

lack of documentation for the three-month interval inspection 

of the emergency locator transmitter (ELT); cracked seat 

tracks also exhibiting elongated holes and missing seat stops; 

and the unauthorized installation of a Garmin GNS-530 Wide 

Area Augmentation System (W AAS) for GPS navigation. 

Carpet trim should have been used that is specifically 

authorized for aviation use to ensure cabin safety. The 

emergency locator transmitter should have been inspected in 

accordance with the Ameri-King AK-450 Instructions for 

Continued Airworthiness, which requires a functional test 

every three months that contains steps going beyond those 

performed for an annual inspection. The seat tracks had 

become cracked and worn over the years beyond tolerance 

limits. There was no approval for the Garmin W AAS 

installation; furthermore, AAAT's aircraft N744AT is a Cessna 

550, a Part 25 transport category airplane, and that airplane 

is not on the list of airplanes for which approval can be given 

pursuant to the Supplemental Type Certificate for the W AAS 

installation, and Garmin did not provide AAAT permission to 

install and use the GNS-530 WAAS in aircraft N744AT. 

Each of these four conditions rendered aircraft N7 44A T 

unairworthy. A special flight permit, allowing operation of 

N7 44A T in an unairworthy condition, was issued to allow the 

airplane to return to its maintenance base in Florida for 

repairs. The aircraft departed Washington County, 

Pennsylvania, on or about March 30, 2009, and AAAT and 

Aero National did not consummate the management 

4 
I A 

agreement that would have given Aero National use of the 

aircraft. Between October 2008 and the time of the conformity 

inspection, AAAT operated or caused or authorized the 

operation ofN744AT when the unairworthy conditions 

described above existed on at least five occasions. 

The Agency reserves the right to elicit the testimony of additional 

witnesses and introduce additional exhibits in rebuttal in response to 

the evidence propounded by Respondent in its defense, including that 

relating to any affirmative defense that has not been waived, 

abandoned, or stricken. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Stephen 

~LJ·~ W. Brice 

Attorney 

Office of Regional Counsel 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Tel. (718) 553-3268 

Fax (718) 995-5699 

e·mail: stephen. brice@faa.gov 

5 
Floor Plates on the LlfePort 

Plus mate with fiWng 

assemblies Installed In the 

Seat tracks. 

Figure (4) Forward Section of Seat 

attachment of the ail 

the UfePort Plus as 1 

maintaining the intes; 

center of gravity for 1 
\ .. ' 

CERTIFICATE OF SERVICE 

I hereby certify that copies of the Complainant's Exhibits and 

List of Witnesses have been sent on this day to the following persons as 

indicated below: 

Hearing Docket 

Attn: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

600 Independence Ave., S.W. 

Wilbur Wright Bldg-Suite 2W1000 

Washington, DC 20591 

(Original and one copy by Federal Express) 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

(By FAX to (202) 366·7536 and by Federal Express) 

Gregory S. Winton, Esq. 

The Aviation Law Firm 

One Research Court, Suite 350 

Rockville, MD 20850 

(By FAX to (301) 294·2525 and by Federal Express) 

Dated: April 30, 2012 

Step ~L,).~ en W. Brice 

Attorney 

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