The United States Federal Aviation Administration has withdrawn a USD15.7 million civil penalty proposed against Aery Aviation (FST, Newport News) in December 2025 over alleged violations involving Learjet aircraft.

“After full consideration of case number 2023SO110001 and the evidence presented, we have determined that it is not in the interest of justice to pursue this particular matter. The civil penalty letter issued December 22, 2025, is therefore, hereby withdrawn,” the agency's formal notice stated.

The FAA had alleged that Aery Aviation conducted 431 missions with target-tow or electronic-warfare-equipped aircraft without restricted-category airworthiness certificates between July 2021 and April 2022, as well as 945 flights without the necessary waivers for such operations. The company's clients included the United States Navy.

Aery Aviation's defence

Aery Aviation's website features a timeline covering the case. According to the company, an FAA inquiry opened in early 2022. “Aery Aviation answered the agency's questions and hearing nothing further, had every reason to believe the matter was resolved,” the website states.

More than three years later, the FAA publicly announced the proposed civil penalty. Aery Aviation says the announcement came without prior notice or an opportunity to respond publicly beforehand.

On April 7, 2026, Aery Aviation held an informal conference with the FAA. The company says the conference identified three “fundamental errors” in the case, involving both factual and legal issues.

First, the company argued that jurisdiction over the relevant flights rested with the United States Navy rather than the FAA. Second, Aery Aviation disputed the inclusion of nine of the 10 aircraft cited by the agency, saying those aircraft were not operated by the company. Third, Aery argued that the aircraft did not carry the underwing pods or stores described by the FAA.

Call for process reform

The company called for changes to the FAA's proposed civil penalty process, including prior consultation with respondents before allegations are made public, confirmation that submitted materials have been considered before a penalty is issued, review of aircraft ownership and operation against agency records, and maximum timeframes for investigations.

Aery Aviation says that, while a proposed civil penalty does not constitute a finding of liability, public disclosure of a proposed penalty can create uncertainty while a matter remains unresolved.

“The public announcement of a proposed penalty of this magnitude created uncertainty for our employees, customers, government partners, lenders, insurers, suppliers, and others across the aviation community. We are grateful to our team for remaining focused on safe, compliant operations and serving our customers throughout the process,” said Scott Beale, president of Aery Aviation.