02/25/201 0 17:1 0 FAX 2024935142 FAA + DMS @1001/00G 

O rt'T^T^, ^.•t'-'."'- ft - ffl- FJsK a r;':i.^^ 

U.S. Deparimem 

of Transportation 

Federal Aviation 

Administration 

F t 8 2 3 2!JIC 

Office of Regional CoirscI 

901 Locust Koom 500 

Kansas Cily, MO '54106-2641 

In Reply Refer lo; ACE-7 

2008CE030045 

Area Code: 816-329-3763 

c:5 

CERTIFIED MAIL - RETURN RECEIPT REQUB-STED 

Ccrtifed Mai! Receipt Nos, 70081300000046033876, 70081300000046033883 &. 70081300000046033890 

February 16,2010 

Hearing Docket. 

Federal Aviation Administration 

800 IndcpcndcT^ce Avenue SW 

Washington, DC 20591 

Ann: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room Suite 2W1000 

Re: In the Matter of GoJet Airlines, LLC 

CaseNo. 2008Cn030045 

3' 

6i^ ^ 

Enclosed herewitli please fmd/a copy of a request for a hearingjand the original and one copy of the 

Complaint in the above-referented proceeding. 

The FAA request.'j ihat the hearing in this matter be held in St. Louis, MO, and expects that the hearing will 

last one day. 

Please address all communications for the FAA to David B. KeSslcr, Federal Aviation Administration, 

Central Region, ACE-7, Room 506, DOT Building, 901 Locust, Kansas City, MO 64106-2641. 

Sincerely, 

A. Lester Ilaizlip 

Regional Counsel 

avid B. Kessler 

fAttorney 

Enclosures 

cc: Mr. Richard A. I^ach 

David J. A. Hayes TTT, Esq. 
02/25/201 0 17:1 0 FAX 2024935142 FAA + DMS @1002/00G 

U.S. DEPARTMENT OF TRANSPOR J'ATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

GoJet Airline.'N, T.LC 

Served: February 16, 2010 

FAA Docket No. 

FAA Case No. 2008CE030045 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint 

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

I. 

1. On December 23, 2008, Respondent GoJet Airlines, LLC was advised through a 

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

of $33,000. On February 8, 2010, Respondent submitted a written request for ahearing. 

11. 

1. At all times hereinafter-mentioned, GoJet Airlines, LLC (GoJet), d/b/a United 

Express, was the holder of Part 121 Air Carrier Certificate Number N6WA249L. 

2- At all limes hereinafter mentioned GoJet was the operator of Civil Aircraft N15IGJ, a 

Canadair CRJ-700 Regional Jet, Model CL-600-2C10, registered as an aircraft available for use 

inPait 121 revenue operations. 

3. On or about November 26,2007, GoJct's contracted maintenance personnel removed 

and replaced Nl51 GJ's number two brake assembly in accordance wiih the CRJ-700 Aircraft 

Maintenance Manual (AMM), which requires that maintenance personnel: 

a. Lift the main landing gear (MLG) with a jack using task 07-12-01-582-801 (AMM 

task 32-43-26-000-801-AOl). 

b. Install lockpins in the MLG. (AMM task 07-12-01 -582-801-AOl). 
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4. GoJet's General Maintenance Manual (GMM) Volume 1, Part 12.2 states that anytime 

maintenance persomiel install landing gear pins into any landing gear, the mechanic must make 

an entry in the aircraft Maintenance Flight Logbook stating, "Landing gear pin installed, remove 

before flight." 

5. GoJet's contracted maintenance persormel who performed the maintenance noted in 

paragraph 3 above failed to remove the subject MLG lockpins and also failed lo make llie 

required entry in the aircraft Maintenance Flight Logbook, noted in paragraph 4 above, contrary 

GoJet's GMM, and contrary to FAR Section 121.363(a)(2). 

6. Consequently, at the time N151GJ was returned lo service the subject MT .G 1 ockpins were 

still inserted in the aircraft's MLG. 

7. Incident to the above-noted maintenance failure, Nl51GJ was forced to abort an operation 

subsequent to take-off after encountering a Gear Disagree V/arning Message during a gearretraction effort. 

8. On November 26, 2007, GoJet informed the FAA about the above events utilizing the 

Voluntary Disclosure Reporting Program (VDRP) system. 

9. On December 10, 2007, Go.Tet submitted a comprehensive fix proposal to the I'light 

Standards District Office, St. Ann, Missouri (STL FSDO). 

10. On January 25,2008, a letter waj> mailed to GoJet by the STL FSDO identifying items that 

needed to be addressed and corrected by GoJet, including establishing a comprehensive tix, as 

described in FAA Order 8900.1, by no later than February 8, 2008, or the VDRP would be 

rescinded. A copy of the noted letter was also hand-delivered to GoJet by STL FSDO persormel. 
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11. Incident to receipt of the above-noted letter, GoJet's chief inspector advised STL FSDO 

personnel that GoJet would not implement the above noted comprehensive fix. The STL FSDO 

received no further reply from GoJcl regarding tliis incident and consequently Uie VDRP was 

rescinded on May 1,2008. 

12. Rased cm the foregoing futdings, N151GJ was not in an airworthy condition on 

November 26,2007, at the time it was returned to service, due to the fact thai GoJei's 

maintenance personnel failed to comply with GoJet's GMM requirements and, consequently, 

failed to remove the subject MLG lockpins as noted above. 

13- Accordingly, the operation of Nl 51 GJ, while in an unairworthy condition, constituted a 

careless act on the part of Go Jet, which tmdangcrcd the lives and property of the flight and cabin 

crews, and any passengers aboard, as well as the lives and property of others on the ground. 

III. 

1. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

a. Section 43.13(a), by virtue of 43.13(c), which states in relevant part that each person 

performing maintenance on an aircraft engine shall use the methods, techniques, and practices 

prescribed in the current manufacturer's maintenaiice manual. 

b. Section 91.13(a), which states in relevant pari that no person may operate an 

aircraft in a careless manner so as to endanger ihe life or property of another. 

c. Section 121.153(a)(2) which states that no certificate holder may operate an 

aircraft unless that aircraft is in an airworthy condition and meets the applicable airworthiness 

requirements. 

2. Pursuant to Title 49 U.S.C. 46301, Respondent is subject to a civil penalty not to 
02/25/201 0 17:1 1 FAX 2024935142 FAA + DMS @I005/00 G 

exceed $11,000 for each of the violations alleged. 

3. Under the facts and circumstances of this case, a civil penally of $33,000 is 

appropriate, 

WFLERJEFORJC, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount of S33,000. 

Dated this 16th day of Febmaiy, 2010. 

f<espectfully submitted, 

A. Lester Haizlip 

Regional Coimsel 

By: 

/ •,i^k^^ > 

Javid B. Kessler 

/Attorney for Complainant 

Federal Aviation Administration 

901 Locu.5t, Room 506 

Kansas City, MO 64106-2641 

816-329-3763; Fax (816) 329-3771 

Answer 

Section 13.209(a) of the Rules of Practice in FAA Civil Penalty Proceedings states, "A 

respondent shall file a written answer to the complaint, or may file a written motion pursuant lo 

Section 13.208(d) or Section 13-218(f)( 1-4) instead of filing an answer, noi later ihan 3<) days 

after service of ihe complaint. 

Section 13.209(f) state.s, "A person's failure to file an answer without good cause shall be 

deemed an admission of ihe truth of each allegation contained in the complaint. 
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GoJet Airlines, LLC, FAA Case No. 2008CE030045 

CERTTFTCATIJ: OF SERVICE 

I hereby certify that I have ihi.s dale placed in the United Slates mail, certified, return 

receipt rcqucsled, a copy of the Administrator's Complaint, addressed lo: 

Mr. Richard A. Leach 

GoJet Airlines, LLC 

11495 Navaid Road, Suite 303 

St. Louis, MO 63044 

David J. A. Hayes III, Esq. 

Trans States Holdings, INc. 

11495 Navaid Road 

St. Louis, MO 63044 

In addition, I hereby certify that 1 have this dale placed in the United States mail, 

certified, return receipt requested, the original and one copy, addressed to: 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2014 

Alisa Gause 

Paralegal Specialist 

Dated this 16lh day of February, 2010.