U.S. Department 

of Transportation 

Federal Aviation 

Administration 

DEC - 3 2013 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

ATTN: HEARING DOCKET CLERK 

1 Aviation Plaza 

Jamaica, NY 11434 

RECEIVED 

DEC 11 2013 

HEARING DOCKET 

Re: In the Matter of Lincoln Park Aviation, 2011EA250037 :)f\l.. A 2.0\3- OT 1 q 

Enclosed herein please fmd a copy of a request for hearing and the original and one 

copy of the FAA's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the New York, NY area, 

and expects that the hearing will last one (l) day. 

Please address all communications for the Federal Aviation Administration to the 

attention of Zachary M. Berman, Office of the Regional Counsel, I Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: Zachary ~l:~ Attorney 

CC: Frank R. Galella, Lincoln Park Aviation, 425 Beaverbrook Road, Lincoln 

Park, NJ 07035 

Enclosures 
Regional Counsd for the Eastern Region 

Federal Aviation Admini~tration 

l Aviation Plaza 

Jam~ica,. NY l 1434 

Lincoln Park Aviation • 20 l I EA25003 7 

Subject: Final Notice of Proposed CiviJJ:m~ltv 

Response Attachment 

In reply to your Final Notice of Proposed Civil Penalty Lincoln Park Aviation ekcts to proceed as indkatcd by its check mark beside 

the numbered paragraph beiow: 

!.U lincoln Park Aviation hereby submits the amount of the proposed civil penalty with the understanding that an Order 

Assessing Civil Penalty will be issued in that amount. 

Lincoln Park Aviation hereby requests a formal hearing in accordance with Section 13.16 of the Federal Aviation 

Regulations. 

By sending this form to the Fede-ral Aviation Administration, Eastern Region, Lincoln Park 

Aviation also hereby certifies that a copy of this form has been filed with the Hearing Docket 

Clerk (Hearing Docket, Federal A\•ialion Administration, 800 Independence Avenue, S.W., 

Room 924A, Washington, DC 20591, AttetJtion: He-aring Docket Clerk). 

"'* Please_n.P..1~ that Lincoln Park Aviation will not be entitled to a hcarim! if it file.~ this. fann w1th th¢ Fll.9l::rl!J. .{\yJatH:m 

Administration Eastem RegjQl}...._~]THOUT l1avjng f.!.!?JlJ!JiLf9.11D_9.L\l ... ~Iilt~n.I~Ql!9 ... ~L(QULh;;:gr.!.D_g_w.iJJ.l.Jh&JJ.B.6RING DOCKET 

ClERK. 

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J RECEIVED- AEA-007 ~ 1 . 

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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Lincoln Park Aviation 

~P..A. UJ\3- 0 1-t o 

2011EA250037 ~ 

Judge Not Assigned 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as 

follows: 

I 

Respondent, Lincoln Park Aviation, was advised through a Final Notice ofPorposed 

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

$36,000.00. On November 26, 2013, Respondent submitted a written demand for a 

hearing. 

II 

l. Lincoln Park Aviation is the holder of Approved Repair Station 

Certificate Number LKPR101K. 
2. At all times relevant herein, Aero Safety Training, LTD, a certified 

Part 141 flight school, owned a Cessna 172S aircraft, identification 

number N869BC (hereinafter "the aircraft"). 

3. At all times relevant herein, maintenance performed by Lincoln park 

Aviation was subject to the requirements of Lincoln Park Aviation's 

Operations Specifications (hereinafter "the operations 

specifications"). 

4. At all times relevant herein, as designated in Section AOO 1 of the 

operations specifications, the fixed location of Lincoln Park Aviation 

was 425 Beaver Brook Road, Lincoln Park, NJ 07035, located at 

Lincoln Park Airport, NJ (N07). 

5. At all times relevant herein, under Section D 100 of the Operations 

Specifications, worked performed by Lincoln Park Aviation at a 

place other than its fixed location was required to be performed in 

accordance with Repair Station Manual Section VII, Page 1 

(hereinafter "the RSM"). 

6. At all times relevant herein, the RSM required that all work 

perfonned by Lincoln Park Aviation at a place other than its fixed 

location be performed to the same standards as work performed at 

the fixed location. 

7. On or about July 22, 2011, a pilot (hereinafter "the pilot") rented the 

aircraft from Aero safety Limited, LTD, and operated the aircraft on 

a flight from N07 to Goodspeed Airport, East Haddam, CT ( 42B). 

8. The pilot then attempted to depart on a flight out of 42B; but was 

unable to because of a power failure in the aircraft. 

9. Lincoln Park Aviation then dispatched maintenance personnel to 

perform maintenance on the aircraft at 42B. 

10. In performing maintenance on the aircraft, Lincoln park Aviation 

failed to perform the troubleshooting procedures required in the 

Cessna Model 172 Maintenance Manual (hereinafter "Cessna 

Maintenance Manual"), Chapters 24-20-00, 24-20-00, and 24-30-60. 

11. Instead, a Lincoln Park Aviation mechanic pounded with his fist in 

the area of the upper left engine cowling to restore power in the 

aircraft. 
12. Lincoln Park Aviation then advised the pilot to fly the aircraft back 

to N07, and the pilot did so. 

13. Upon the aircraft's return to N07, Lincoln Park Aviation, on or about 

July 23, 2011, performed additional maintenance on the aircraft. 

14. Specifically, Lincoln Park replaced the alternator and battery 

contactors part number X61-007, located in the Master Control Unit 

of the aircraft, with part number X61-0027. 

15. The battery contactors referenced in Paragraph ( 14 ), above, were 

required by the Cessna Maintenance Manual, Chapter 24-60-00 and 

by the Cessna 1 72 Illustrated Parts Catalogue (IPC), Chapter 24-60-

00, to be X61-007. 

16. Later on or about July 23, 2011, the pilot operated the aircraft on a 

flight out ofN07. 

17. Approximately three to five minutes into the flight out of N07, the 

battery contactors that had been installed by Lincoln Park Aviation 

failed, as a result of which the electrical power on the aircraft failed 

and the aircraft was involved in an accident. 

18. Lincoln Park Aviation failed to make any aircraft maintenance 

record entries or repair station record entries of the maintenance it 

performed, referenced in Paragraphs (9) through (17), above. 

III 

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

following sections of the Federal Aviation Regulations: 

a. Section 14 5.211 (b), which states that repair station personnel must follow 

the quality control system when performing maintenance, preventive 

maintenance, or alterations under the repair station certificate and 

operations specifications. 

b. Section 145.213(b), which states that a certificated repair station must 

certifY on an article's maintenance release that the article is airworthy 
with respect to the maintenance, preventive maintenance, or alterations 

perfonned after (1) the repair station performs work on the article; and 

(2) an inspector inspects the article on which the repair station has 

perfonned work and determines it to be airworthy with respect to the 

work performed. 

c. Section 145.5(a), which states that no person may operate as a 

certificated repair station without, or in violation of, a repair station 

certificate, ratings, or operations specifications issued under this part. 

d. Section 43.13(a), which states that each person performing 

maintenance, alteration, or preventive maintenance on an aircraft, 

engine, propeller, or appliance shall use the methods, techniques, and 

practices prescribed in the current manufacturer's maintenance manual 

or Instructions for Continued Airworthiness prepared by its 

manufacturer, or other methods, techniques, and practices acceptable 

to the Administrator, except as noted in §43 .16. He shall use the tools, 

equipment, and test apparatus necessary to assure completion of the 

work in accordance with accepted industry practices. If special 

equipment or test apparatus is recommended by the manufacturer 

involved, he must use that equipment or apparatus or its equivalent 

acceptable to the Administrator. 

e. Section 43.13(b ), which states that each person maintaining or 

altering, or perfonning preventive maintenance, shall do that work in 

such a manner and use materials of such a quality, that the condition of 

the aircraft, airframe, aircraft engine, propeller, or appliance worked 

on will be at least equal to its original or properly altered condition 

(with regard to aerodynamic function, structural strength, resistance to 

vibration and deterioration, and other qualities affecting 

airworthiness). 

f. Section 43.9(a)(l), which states that except as provided in paragraphs 

(b) and (c) of this section, each person who maintains, performs 

preventive maintenance, rebuilds, or alters an aircraft, airframe, 

aircraft engine, propeller, appliance , or component part shall make an 

entry in the maintenance record of that equipment containing a 

description (or reference to data acceptable to the Administrator) of 

work performed. 
IV 

1. Pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil penalty not 

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

2. Under the facts and circumstances of this case, a civil penalty of $36,000.00 is 

appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of$36,000.00. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

~J)-\1 By: --Z-a-ch_ary __ M-~.B-~T--an-------

~~ 

Attomey 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

NOTE: 
The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must file a written 

answer to this Complaint, or a written Motion to Dismiss if appropriate, not 

later than 30 days after the date shown on the Certificate of Service. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 
CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail -Return Receipt Requested addressed 

as follows: 

Frank R. Galella 

Lincoln Park Aviation 

425 Beaverbrook Road 

Lincoln Park, NY 07035 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

~IF FILING BY FEDERAL EXPRESS 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building- Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

/ I 

/ /"vi I 

Date: ------- ~~oks ··~ 

Paralegal Specialist 

Federal Aviation Administration 

Office ofRegional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434