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## [)()C:ttl:lr In the Matter of AIRAMBULANCE BY AIR TREK, INC. FAA Docket No. [to be assigned] (Civil PenaltyAction) DMS No. FAA-2011·1003 ChiefAdministrative Law Judge Ronnie A. Yoder 

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COMPLAINANT'S SUBMISSION OF EXHIBIT AND WITNESS LISTS

The FederalAviationAdministration ("Complainant"), by and through its designated representative, the Regional Counsel for the Eastern Region and his duly appointed agents, hereby submits its lists ofwitnesses 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 N744AT, Serial Number 550-0017, identifyingAirAmbulance byAir Trek as the owner. 2. ManagementAgreement betweenAirAmbulance by Air Trek, Inc. and Aero National, Inc. 3. Aero National, Inc. letter dated January 28, 2009, requesting Operations Specifications authorization to utilize aircraft N744AT 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 ofcabin interior ofN744AT depicting the unapproved installation ofmore than 100-feet ofhousehold aluminum carpet trim. 6. Picture ofsection ofseat rail in N744AT at time of conformity inspection. (Copy enclosed.) 7. Facsimile from Air Trek, Inc. depicting specification data pertinent to aluminum weather-strippinghardware installed in N744A T. 8. Information on Macklanburg-Duncan Company. 9. FAA Form 337, dated February 20, 2004, settingforth owner's requirements to comply with the 3-month function test ofthe Ameri-King Emergency Locator Transmitter as per the Instructions for Continued Airworthiness (ICA). 10. Maintenance record entry, N744AT, for performance of "Phase 55" inspectionper CessnaMaintenance Manual. 11. Unapproved FAA Form 337, dated May 5, 2009, for the installation ofthe Garmin Model500W Series GPS-WAAS Navigation System in aircraft N744AT.

212. Supplemental Type Certificate, SA01933LA, Approved Model List, dated November 6, 2006, for Garmin Model 500W Series GPS-WAAS Navigation System. 13. Record ofTelecon, datedApril 2, 2009, between Inspector Laura Delewski and Garmin Technical Support, confirming lack ofpermissionfor installation ofGPS WAAS in N744AT. 14. Garmin STC SA01933LA Upgrade Installation Manual, Revision D, dated March 2008.

Otherthan Exhibit 6 (seat track picture), each ofthe foregoing exhibits has already beenproduced 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 ofa photograph previouslyprovided, is included with this submission.

II. LIST OFWITNESSES 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 byAir Trek (AAAT) brought a Cessna 550 turbojet aircraft, identification number N744A T, to Washington

3County Airport, Washington, Pennsylvania, for the performance ofa 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. Duringthe conformity inspection, several maintenance discrepancies came to light, including installation of aluminum carpet trim labeled with hardware store bar codes; lack ofdocumentation for the three-month interval inspection ofthe emergency locator transmitter (ELT); cracked seat tracks also exhibiting elongated holes and missing seat stops; and the unauthorized installation ofa Garmin GNS-530 Wide Area Augmentation System (WAAS) 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-KingAK-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 WAAS installation; furthermore, AAAT's aircraft N744AT is a Cessna 550, a Part 25 transport category airplane, and that airplane is not on the list ofairplanes for which approval canbe given pursuant to the Supplemental Type Certificate for the WAAS installation, and Garmin did not provide AAAT permission to install and use the GNS-530 WAAS in aircraft N744AT. Each ofthese four conditions rendered aircraft N744A T unairworthy. A special flight permit, allowing operation of N744A 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, andAAAT and Aero National did not consummate the management
4I A agreement that would have given Aero National use ofthe aircraft. Between October 2008 and the time ofthe 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 ofadditional witnesses and introduce additional exhibits in rebuttal in response to the evidence propounded by Respondent in its defense, includingthat relating to any affirmative defense that has not been waived, abandoned, or stricken.
Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel



### By:

# ~LJ·~ Stephen W. Brice Attorney Office ofRegional Counsel FederalAviationAdministration 1Aviation Plaza Jamaica, NY 11434 Tel. (718) 553-3268 Fax (718) 995-5699 e·mail: stephen.brice@faa.gov

5Floor Plates on the LlfePort Plus matewith fiWng assemblies Installed In the Seat tracks. Figure (4) Forward Section of Seat

attachment ofthe ail the UfePort Plusas 1 maintaining the intes; center ofgravity for 1\ .. '


### CERTIFICATE OF SERVICE I hereby certify that copies ofthe Complainant's Exhibits and List ofWitnesses have been sent on this day to the following persons as indicatedbelow: Hearing Docket Attn: Hearing Docket Clerk, AGC-430 FederalAviationAdministration 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 ChiefAdministrative Law Judge U.S. Department ofTransportation Office ofHearings, M-20 1200 New JerseyAvenue, S.E. Washington, DC 20590 (By FAX to (202) 366·7536 and byFederal 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

# ~L,).~ Step en W. Brice Attorney

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