Eckert Seamans Cherin & Mellott, LLC 

1717 Pennsylvania A venue, N. W. 

TEL 202 659 6600 

FAX 202 659 6699 

12th Floor 

Washington, D.C. 20006 

ATTOIII\IEVS AT lAW 

February 12,2015 

Request for Formal Hearing 

Hearing Docket, Federal Aviation Administration 

Attn: Hearing Docket Clerk 

AGC-430, Wilbur Wright Building; Room 2014 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Re: Northeastern- Docket No.: 2011EA110045 

Dear Hearing Docket Clerk: 

www.eckertseamans.com 

Evelyn D. Sahr 

esahr@eckertseamans.com 

(202) 659-6622 

RECEIVED 

FEB 1 2 2015 

HEARING DOCKET 

Please be advised that Northeastern hereby requests a formal hearing in accordance with 

Section 13.16 of the Federal Aviation Regulations, and attaches the Response Attachment 

Form. Northeastern certifies that a copy of this Request for Hearing and the Response 

Attachment is being sent to the Eastern Regional FAA Attorney, Daniel Kohlmeyer by 

overnight mail. We request that you docket this request accordingly. 

Thank you for your consideration. 

EDS/crg 

Enclosure 

cc: Daniel Kohlmeyer, Esquire 

Regional Counsel 

U.S. DOT/FAA 

Eastern Region 

1 Aviation Plaza 

Jamaica, NY 11434 

Very truly yours, 

D 

Evelyn D. Sahr 
Regional Counsel for the Eastern Region 

Federal Aviation Administration 

Date ;L\ \;l. \\ 'S 

l Aviation Plaza 

Jamaica, NY 11434 

Northeastern Aviation Corporation -201 IEA110045 

Subject Final Notice of Proposed Civil Penalty 

Response Attachment 

In reply to your Final Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check mark beside the numbered 

paragraph below: 

1. U I hereby submit the amount of the proposed civil penalty with the understanding that an Order Assessing Civil Penalty will 

be issued in that amount. 

2, c/ I hereby request a formal hearing in accordance with Section 13.16 of the Federal Aviation Regulations. 

By sending this form to the Federal Aviation Administration, Eastern Region, I also hereby 

certify that a copy of this form has been filed with the Hearing Docl{et Clerk (Hearing Docket, 

Federal Aviation- Administration, 800 Independence Avenue, S.W., Washington, DC 20591, 

Attention: Hellring Docket Clerk). 

**Please note that you will not be entitled to a hearing if you file this form with the Federal Aviation Administration Eastern Recion. 

WITHOUT havin!! filed this form or a written request for a hearing with the HEARING DOCKET CLERK. 

MY ATTORI\~Y!REPRESENTATIVE 

Address: 

HomePha_n_e~l'!~o-.----------

Business Phone No. ______ _ 

PRIVACY ACT NOTICE 

This notice is provided in accordance with Section (e)(3) of the Privacy Act, 5 U.S.C. §552a(e)(3), and concerns the information 

requested in the Jetter or form with which this Notice is enclosed. 

A. Authoritv. This information is solicited pursuant to 49 U.S.CllOl ~~-,and regulations issued thereunder 

codified in Part 13 of Title 14 of the Code of Federal Regulations. Submission of the telephone number is 

voluntary. The request for information is intended to provide you with an opportunity to participate in the 

investigation. 

B. Principal Purnose, The requested information is intended to assist us in contacting you regarding this 

enforcement case, 

C. Routine Uses. Records from this system of records may be disclosed in accordance with the routine uses as 

they appear in System of Records No, DOT IF AA 847 as published from time to time in the Federal Re!!ister. 

n Effect of Failure to Resnond. If you do not provide the requested information, there may be delay in contacting 

you regarding this enforcement case. 
U.S. Department 

of Transportation 

Federal Aviation 

J 

Administration 

AN 3 0 2015 

Eastern Region 

Regional Counsel 

Telephone; 718 553-3266 

Facsimile: 718 995-5699 

1 Aviation Plaza 

Jamaica, NY 11434 

CERTIFIED MAIL -RETURN RECEIPT REQUESTED AND REGULAR MAIL 

President / 

N ortheastem Aviation Corporation 

8200 Republic Airport 

Suite#8 

Farmingdale, NY 11735 

Docket No. 20 11EA110045 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On August 11, 2011, you were advised by mail through a Notice of Proposed Civil 

Penalty of the reasons why we proposed to assess a civil penalty in the amount of 

$49,500.00. 

After a consideration of all the available info=tion, it has been determined that: 

1. Northeastern is the holder Air Carrier Certificate No. AOYA206C, issued 

pursuant to Part 135 of the Federal Aviation Regulations (14 C.F.R.). 

2. Among the aircraft that Northeastern operates are: 

a. Beechcraft B200, identification number N72MM, and 

b. Embracer EMB-135 BJ, identification number N605WG. 

3. Both of the airplanes described in the preceding paragraph are U.S.-

registered civil aircraft. 

4. An Airplane Flight Manual has been issued for each of the airplanes 

described above pursuant to Part 21 of the Federal Aviation Regulations (14 

C.F.R.). 
5. Between the dates May 4, 2010, and April29, 2011, Northeastern operated 

aircraft N72MM on more than 160 flights. 

6. For each of the flights described in the preceding paragraph, the Airplane 

Flight Manual on board aircraft N72MM was missing parts of a revision 

issued on or about September 1984. 

7. Due to the missing revisions, Northeastern failed to have available in 

aircraft N72MM a current, approved Airplane Flight Manual for each of the 

flights described in paragraph 5 above. 

8. Between the dates May 11, 2010, and April30, 2011, Northeastern operated 

aircraft N605WG on more than 170 flights. 

9. For each of the flights described in the preceding paragraph, the Airplane 

Flight Manual on board aircraft N605WG was missing parts of a revision 

issued on or about January 2008. 

10. Due to the missing revisions, Northeastern failed to have in aircraft 

N605WG a current, approved Airplane Flight Manual for each of the flights 

described in paragraph 8 above. 

By reason of the foregoing, you violated the following section(s) of the Federal Aviation 

Regulations: 

a. Section 91.9(b)(l), which states that no person may operate a U.S.-registered 

civil aircraft for which an Airplane or Rotorcraft Flight Manual is required by 

§21.5 of this chapter unless there is available in the aircraft a current, 

approved Airplane or Rotorcraft Flight Manual or the manual provided for in 

§121.14l(b). 

In accordance with 49 U.S.C. §4630l(a)(l), you may be liable for a civil penalty not to 

exceed $25,000 for each violation of the regulation(s), or, for small business concerns, 

$10,000 for each violation in accordance with 49 U.S.C. §4630l(a)(5). After reviewing all 

information relating to this investigative f!le, we propose to assess a civil penalty in the 

amount of$49,500 for these violations. 

Unless you mail or personally deliver, in writing, your request for a hearing in this matter, 

on or before fifteen (15) days after you receive this Final Notice, we will issue an Order 

Assessing Civil Penalty and you will have no further right to a hearing. If you do not 

submit a written request for a hearing, you must pay the proposed civil penalty. 

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Your request for a hearing must be sent to: (1) ij' delivery is in person, or via expedited 

courier service: Federal Aviation Administration, 600 Independence Avenue, SW., Wilbur 

Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket 

Clerk, AGC-430, or (2) If delivery is via US. Mail: Federal Aviation Administration, 800 

Independence Avenue, SW., Washington, DC 20591; Attention: Hearing Docket Clerk, 

AGC-430, Wilbur Wright Building-Suite 2W1000. Additionally, a copy must be sent to 

the undersigned FAA attorney. Your request must be dated and signed, in accordance with 

Section 13.16 of the Federal Aviation Regulations, sent to you with the Notice of Proposed 

Civil Penalty (14 C.P.R. 13.16). 

You may pay the proposed penalty by submitting a certified check or money order payable 

to the "Federal Aviation Administration," to the undersigned. 

In the alternative, you may pay your civil penalty with a credit card over the 

Internet. To pay electronically, visit the web site at http://www.pay.gov and enter 

the term 'FAA" in the search bar labeled "Search Public Forms" located on the left 

hand side of the screen. Mter following the link, click on "FAA Civil Penalties-FAA 

Eastern Region." You must then enter the above-listed "Docket Number" under 

the "Civil Penalties Case Number" and you must then complete the remainder of 

the requested information. Once you have submitted the requested information you 

will be taken to a page which allows you to either pay by electronic transfer, or by 

credit card. Fill in the requested information in one of these two sections, and 

submit to complete your payment. 

Alfred R. Johnson, Jr. 

Regional Counsel 

By:~ Da11ie1KO¥ 8 

Attorney 

Enclosure (1) 

Option Selection Form 

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