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Cablegate: Civair: Result of Request for Investigation of Faa Violation

VZCZCXYZ0011
RR RUEHWEB

DE RUEHBO #3332 2931822
ZNR UUUUU ZZH
R 201821Z OCT 09
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC 0445
INFO RHMFIUU/FAA NATIONAL HQ WASHINGTON DC

UNCLAS BOGOTA 003332

SIPDIS
SLUG FOR EEB/TRA/OTP AND AGC-330

E.O. 12958: N/A
TAGS: EAIR CO
SUBJECT: CIVAIR: RESULT OF REQUEST FOR INVESTIGATION OF FAA VIOLATION
(EDUARDO ANDRES LUNA BELTRAN)

REF: STATE 081543

1. Summary. Per reftel, ECONOFF delivered a Federal Aviation
Administration (FAA) request for investigation on August 26 to
Aeronautica Civil (AeroCivil), Colombia's civil aviation authority,
regarding an FAA violation committed by Colombian national Eduardo
Andres Luna Beltran. Mr. Luna violated Federal Aviation
Regulations under Section 91.531 (c) for operating a
turbojet-powered multi-engine airplane as a crewmember without the
qualifications prescribed in Title 14 CFR 61.55. AeroCivil's
Secretary of Air Security responded on October 13 with the
following documents: Mr. Luna's report of the incident, an
interview between an AeroCivil attorney and Mr. Luna, and
AeroCivil's decision not to sanction infractions nor pursue a
formal investigation because the incident occurred in U.S.
airspace. End Summary.

2. On Oct 19, the Embassy received a response from AeroCivil's
office of the Secretary of Air Security, dated October 13. The
response included Mr. Luna's report of the incident along with
training certificates, training records, and communications from
the FAA, which he submitted to the Investigative and Technical
Sanctions Group of AeroCivil. The response also included a summary
of an interview between AeroCivil attorney Ruth Diaz Castillo and
Mr. Luna on September 25, in which he noted the infraction was not
deliberate and he was not properly informed by the aircraft owner
of the requirement to hold an FAA pilot license for the type of
aircraft he copiloted. (Note: The FAA report indicated that it was
reasonable to assume Mr. Luna was aware of this requirement; he had
registered to obtain an FAA license and was on his way to attend
training for a rating in the BAE-125-800A aircraft. End Note.)

3. During the interview with AeroCivil, Mr. Luna stated he
cooperated with FAA officials and followed their advice to
co-validate his Colombian license and pass an FAA Instrument Rating
exam. He took a course on the Hawker equipment at Simcom Training
Center in Orlando, Florida. He also stated he never received a
letter of investigation from FAA (dated June 12) and therefore did
not have a chance to explain his version of the incident.

4. The Colombian authorities have no plans to pursue a formal
investigation regarding this incident. AeroCivil concluded on
October 6 that since the incident occurred in U.S. airspace, the
FAA is responsible for evaluating Mr. Luna's documentation and
proceeding as it deems necessary.
BROWNFIELD

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