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 122015 HEARING DOCKET

Please be advised thatNortheastern hereby requests a formal hearing in accordance with Section 13.16 ofthe Federal Aviation Regulations, and attaches the Response Attachment Form. Northeastern certifies that a copy ofthis Request for Hearing and the Response Attachment is being sent tothe Eastern Regional FAA Attorney, Daniel Kohlmeyer by overnightmail. We request that you docket this request accordingly. Thankyou for your consideration.

EDS/crg Enclosure

cc: Daniel Kohlmeyer, Esquire Regional Counsel U.S. DOT/FAA Eastern Region 1Aviation Plaza Jamaica, NY 11434 Very truly yours, 

# D EvelynD. SahrRegional Counsel for the Eastern Region Federal Aviation Administration Date 

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l Aviation Plaza Jamaica, NY 11434 Northeastern Aviation Corporation-201IEA110045 Subject Final Notice ofProposed Civil Penalty Response Attachment In reply to your Final Notice ofProposed Civil Penalty, I elect to proceed as indicated by my check mark beside the numbered paragraph below: 1. U I hereby submit the amount ofthe proposed civil penalty with the understandingthat an OrderAssessing Civil Penalty will be issued inthat amount. 2,

# c/ I herebyrequest a formal hearing in accordance with Section 13.16 ofthe Federal AviationRegulations. By sending this form to the Federal Aviation Administration, Eastern Region, I also hereby certify thata copy ofthis form has been filed with the HearingDocl{et Clerk(HearingDocket, Federal Aviation- Administration, 800 Independence Avenue, S.W., Washington, DC 20591, Attention: HellringDocket Clerk). **Pleasenote thatyou will notbe entitled to ahearing ifyou file this form with theFederal Aviation Administration Eastern Recion. WITHOUT havin!! filed this form or a written request for ahearingwith the HEARINGDOCKET CLERK. MY

**ATTORI\~Y!REPRESENTATIVE**

Address:

**HomePha_n_e~l'!~o-.----------** Business PhoneNo.
______ _ PRIVACYACT NOTICE This notice is provided in accordance with Section (e)(3) ofthe Privacy Act, 5 U.S.C. §552a(e)(3), and concerns the information requested in the Jetter orform withwhich this Notice is enclosed. A. Authoritv. This information is solicited pursuant to 49 U.S.CllOl

**~~-,and** regulations issued thereunder codified in Part 13 ofTitle 14 ofthe Code ofFederal Regulations. Submission ofthe 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 ofrecords may be disclosed in accordance with the routine uses as they appear in System ofRecords No, DOTIF AA 847 as publishedfrom time to time in the Federal Re!!ister. n Effect ofFailure to Resnond. Ifyou do not provide the requested information, there may be delay in contacting youregarding this enforcement case.U.S. Department ofTransportation Federal Aviation 

## JAdministration



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## 3 0 2015 Eastern Region Regional Counsel Telephone; 718 553-3266 Facsimile: 718 995-5699 1 Aviation Plaza Jamaica, NY 11434



### CERTIFIED MAIL -RETURNRECEIPT REQUESTED AND REGULARMAIL President 

### / NortheastemAviation Corporation 8200 Republic Airport Suite#8 Farmingdale, NY 11735 DocketNo. 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 ofall the availableinfo=tion,ithas been determinedthat: 1. 

### Northeastern is the holder Air 

### Carrier Certificate No. AOYA206C, issued pursuant to Part 135 ofthe Federal AviationRegulations (14 C.F.R.). 2. Among the aircraftthatNortheastern operates are: a. BeechcraftB200, identificationnumberN72MM, and b. Embracer EMB-135 BJ, identification numberN605WG. 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 Part21 ofthe FederalAviation 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 ofthe 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 ofthe flights describedinparagraph 5 above. 8. Betweenthe dates May 11, 2010, and April30, 2011, Northeastern operated aircraftN605WG onmore than 170 flights. 9. For each ofthe flights described in the preceding paragraph, the Airplane Flight Manual on board aircraft N605WG was missing parts ofa 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 ofthe flights described inparagraph 8 above. By reason ofthe foregoing, you violated the following section(s) ofthe 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 orRotorcraftFlightManual is required by §21.5 of this chapter unless there is available in the aircraft a current, approved Airplane orRotorcraft FlightManual 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 eachviolation 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. Ifyou do not submit a writtenrequest for ahearing, you mustpay the proposed civil penalty.

2Your 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 oftheFederal AviationRegulations, sent to you with the Notice ofProposed Civil Penalty (14 C.P.R. 13.16). You may pay the proposed penalty by submitting a certified check or money orderpayable tothe "FederalAviationAdministration," tothe 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 "SearchPublic Forms" located on the left hand side ofthe screen. 

### Mter following the link, clickon "FAACivil 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 submitto completeyour payment.
Alfred R. Johnson, Jr. Regional Counsel



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