02/12/2014 09:37 Ffu' 3107256816 A\VP-7 

l I .S. Department 

of Transportation 

We$tem-Pacific Region 

Federnl Aviation 

Administration 

February 12,2014 

Office of the Regional Counsel 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

'Vashington, DC 20591 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Telephone: (310) 725-3454 

Facsimile: (3 I 0) 725-6816 

)',ttn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -- Suite 2Wl 000 \= (-\ {\ 2. O \ ~ - ~ Q ~ 0 

Re: 1n the Matter of Schuman Aviation Company, Ltd; Case No. 2012WP130065 

411 002 

Enclosed is a copy of a request for hearing dated February 5, 2014, and the original and one copy 

of the Complaint in the above-referenced proceeding. 

l request that the hearing in this matter be held in the Honolulu, Hawaii area, and expect that the 

hearing will last one (1) day. 

Please address all communications for the Regional Counsel of the Western-Pacific Region, to 

the undersign.ed, at: Office of the Regional Counsel, A WP-7, Federal Aviation Administration, 

Western-Pacific Region, P. 0. Box 92007, Los Angeles, CA 90009-2007, Telephone-: (31 0) 

725-3454, FAX: (310) 725-6816. 

Sincerely, 

Naomi Tsuda 

Regional Coun.sel 

Enclosures: Request for Hearing; Complaint; C<:rtificate of Service 

NOTE TO RESPONDENT: SECTION !3.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE F!LFO NOT LATER 

THAN 30 DAYS AFTER SERVICE OF TilE COMPLAINT. AS AN ALTERNATIVE TO 

FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT TO SECTION l3.208(D) 

C>R SECTION l3.2!8(F)(l-4) OF THE RULES OF PRACTICE. 

cc:: A WP-240/HNL FSDO 
02/12/2014 09:37 FAX 3107256816 AWP-7 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGION, DC 

IN THE MADER OF 

SCHUMAN AVIATION COMPANY, LTD. 

1{/]003 

FAA DOCKEr NO. (TO BE ASSIGNED)-';: P\P, 2.-.0 \-::,- \()tO 

(Civil Penalty Action) 

FAA CASE NO. 2012WP130065 

REQUEST mR A HEARING 

SCHUMAN AVIATION COMPANY, LTD., Respondent, above-named, by its undersigned counsel, 

hereby requests a hearing in the Administrator's Final Notice of Proposed Civil Penalty (Case 

No.2012WP130065), dated January 24, 2014, assessing a civil penalty in the amount of $28,000.00. 

f1espondent prays that the Administrator's Assessment of Civil Penalty be reversed. 

DATED: Honolulu, Hawaii, ff-Bt2.1/JO!l.j :;;-;, 2 0 I 4-.. 

~~- CHRISIOPHER D. FERRARA 

Attorney for Respondent 
02/12/2014 09:37 FAX 3107256816 AlVP-7 

U.S- DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

) 

141004 

In the Matter of: ) 

) FAA DOCKET-- z___ 0 \ ~ ~ \ D D 0 

Schuman Aviation Company, Ltd. ) 

Respondent ) 

) 

JUDGE NOT ASSIGNED 

FAA CASE NO. 2012WP130065 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 

C.P.R. 13.208), and states as follows: 

L 

Respondent, Schuman Aviation Company, Ltd. was advised through a Notice of 

Proposed Civil Penalty and Final Notice of Proposed Civil Penalty that the FAA proposed to 

assess a civil penalty in the amount of $28,000.00. On February 5, 2014Respondent Sttbmitted a 

'i•lfitten request for a hearing. 

II. 

]_ Schuman Aviation Company, Ltd., ("Schuman") is now, and at all times mentioned 

herein was, the holder of Air Carrier Certificate No. MKHAl OSK, authorized to 

conduct scheduled air carrier service under part l35 of the Federal Aviation 

Regulations. 

2. Schuman's Operations Specification~. C070, "Airports Authorized for Scheduled 

Operations" states that Schuman is "authorized to conduct scheduled passenger and 

cargo operations between the regular,, refueling, and provisional airports" only at the 

airports listed on C070-2. 
02/12/2014 09:37 FAX 3107256816 AWP-7 141005 

-2-

3. At all relevant times, Kailua-Kana International Airport, Kona, Hawaii (KOA), was 

not an airport authori?.ed for schedukd operations by Schuman's Operations 

Specifications C070-2. 

4. Between September 8, 2012, and September 13, 2008, Schuman operated civil 

aircrafts N687MA and N865MA, both Cessna 208B aircraft. on approximately 24 

round trip flights to KOA. 

5. On or about September 17, 2012, the FAA requested to inspect Sclmman' s records 

regarding the above flights. 

6. Schuman initially refused to make any records available, but informed the FAA 

approximately two hours later that Sc.hmnan would comply with the request. 

7. On or about September 21, 2012, Shuman provided the requested records to the FAA. 

III. 

By reason of the foregoing facts and circumstances, Respondent violated the following 

Sections of the Federal Aviation Regulations (Title 14, Code of Federal Regulations) in that: 

a. 14 C.F.R. 119.5(g), which states that "[n]o persou may operate a~ a direct air carrier 

or as a commercial operator without, or in violation of, an appropriate certificate and 

appropriate operations specifications." 

b. 14 C.F.R. 135.73, which states: "Each certificate holder and each person employed by 

the certificate holder shall allow the Administrator, at any time or place, to make 

inspections or tests (including en route inspections) to detem1ine the holder's 

compliance with the Federal Aviation Act of 1958, applicable regulations, and the 

certificate holder's operating certificate, and operations specifications." 
02/12/2014 09:37 F~l: 3107256816 A\VP-7 

"lrv. 

1. Pursuant to Title 49 U.S.C. Section 46301, Respondent is subject to a civil 

penalty not to exceed $11,000.00 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of$28,000.00 is 

appropriate. 

WHEREFORE, the Complainant, respectfully requests that the Administrative Law 

J11dge enter an order that Respondent be assessed a civil penalty in the amotmt of $28.000.00. 

Respectfully submitted, 

fi::;(? --&;?~- Don Bobe 

L Attorney 

Office of the Regional Cotmsel 

Federal Aviation Administration 

'.llestem-Pacific Region 

DATED: February J 2, 2014 

141005 
02/12/2014 09:37 FAX 3107256816 AWP-7 i4J007 

CERTIFICATE OF SERVICE 

I hereby certify that on this date, I have placed in the United States mail, postage p~epaid, 

c·ertified mail, the executed original of the Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building~Suite 2WI 000 

(Also by facsimile to: 202-493-5142) 

I further certify that on this date, I have placed in the United States mail, postage prepaid, 

certified mail-return receipt requested, a true copy of the Complaint, addressed as follows: 

Christopher D. Ferrara, Esq. 

3555 Harding Avenue, St<: 2F 

Honolulu, HI 96816 

(Also by facsimile to: 808-522-1661) 

Mr. Gustav Richard Schuman, President 

Schuman Aviation Compmty, Ltd. 

130 Iolan.a Place 

Honolulu, ill 96819 

Dated: February 12,2014 

l .ega! Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Vv'estern;Paclfic Region 

I.awndale, California 
02/12/2014 09:37 FAX 3107256816 AWP-7 

To: 

~any; 

e: 

From 

Title: 

: 

Date 

FAA, Hearing Docket- 202-493-5142 

Christopher D. Ferrara, Esq.- 808-522-1661 

Don Bobertz 

Attomey 

2/12/2014 

Pages w/cover: 7 

141001 

Federal Aviation 

Administration 

Office of the Regional Counsel, AWP-7 

PO Box92007 

Los Angeles, CA 90009-2007 

Telephone: (31 0) 725-7100 

Facsimile: (31 0) 725-6816 

Email: 

Facsimile 

Description of item being transmitted: 

Schuman Aviation Company, Ltd 

Case No. 2012WP130065 

Complaint 

D Per your Request 0 For Review D Please Comment D For Coordination 0 Hard Copy to Follow via US Mail 

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