U.S. Department ofTransportation Federal Aviation Administration



### DEC

- 3 2013 Eastern Region Regional Counsel Telephone: 718 553-3258 Facsimile: 718 995-5699

CERTIFIEDMAIL

- RETURN RECEIPT REQUESTED Federal AviationAdministration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: HearingDocket Clerk, AGC-430 WilburWrightBuilding-Room 2014 ATTN: HEARINGDOCKET CLERK 1Aviation Plaza Jamaica, NY 11434 

# RECEIVED DEC 11 2013 

### HEARING DOCKET

Re: Inthe Matter ofLincolnParkAviation, 2011EA250037

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# q Enclosed herein please fmd a copy ofa request for hearing and the original and one copy ofthe FAA's Complaint in the above-entitled action for filing, together with proofofservice upon the Respondent. The FAA requests that the hearing in this matter be held in the New York, NY area, and expects thatthe hearing will last one (l)day. Please address all communications for the Federal Aviation Administration to the attention ofZachary M. Berman, Office ofthe 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 EnclosuresRegional Counsd for the Eastern Region Federal Aviation**Admini~tration** lAviationPlaza**Jam~ica,.**NY l 1434 Lincoln Park Aviation •20l IEA250037 Subject: Final Notice ofProposed**CiviJJ:m~ltv** Response Attachment In reply to your Final Notice ofProposed Civil Penalty Lincoln Park Aviation ekctsto proceed as indkatcd by its check mark beside the numbered paragraph beiow: !.U lincoln Park Aviation hereby submits the amount ofthe 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 ofthis 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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# .1:.-----**~~s** .. ·-**~-** ....**·~--,.,........---~"'**U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.

Inthe Matter ofLincoln Park Aviation

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# 1-t o 2011EA250037**~** Judge NotAssigned

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, LincolnParkAviation, 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. OnNovember 26, 2013, Respondent submitted a written demand for a hearing.

II l. Lincoln Park Aviation is the holder of Approved Repair Station CertificateNumberLKPR101K.2. At all times relevant herein, Aero Safety Training, LTD, a certified Part 141 flight school, owned a Cessna 172S aircraft, identification numberN869BC (hereinafter "the aircraft"). 3. At all times relevant herein, maintenance performed by Lincolnpark Aviation was subject to the requirements ofLincoln Park Aviation's Operations Specifications (hereinafter "the operations specifications"). 4. At all times relevant herein, as designated in Section AOO 1 ofthe operations specifications, the fixed location ofLincolnParkAviation was 425 Beaver Brook Road, Lincoln Park, NJ 07035, located at Lincoln ParkAirport, NJ (N07). 5. At all times relevant herein, under Section D100 ofthe 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 "thepilot") 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 of42B; but was unable to because ofapower failure in the aircraft. 9. Lincoln Park Aviation then dispatched maintenance personnel to perform maintenance onthe 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. Uponthe aircraft's return to N07, Lincoln ParkAviation, 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 ofthe 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 flightout ofN07. 17. Approximately three to five minutes into the flight out ofN07, the battery contactors that had been installed by Lincoln Park Aviation failed, as a result ofwhich 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 ofthe maintenance it performed, referenced in Paragraphs (9) through (17), above.

III By reason of the foregoing facts and circumstances, Respondent violated the following sections ofthe Federal AviationRegulations:

a. Section 145.211(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 airworthywithrespect 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 workperformed.

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 ofthe 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 ofsuch aquality, thatthe 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 componentpart shall make an entry in the maintenance record of that equipment containing a description (or reference to data acceptable to the Administrator) of workperformed.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 ofthe violations alleged. 2. Under the facts and circumstances ofthis case, a civil penalty of$36,000.00 is appropriate.

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative Law Judge enter an orderthat Respondent be assessed a civil penalty in the amount of$36,000.00. Respectfully submitted, AlfredR. Johnson, Jr. Regional Counsel

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__**M-~.B-~T--an-------** Attomey Federal AviationAdministration 1Aviation Plaza Jamaica, NY 11434 718 553-3258 718 995-5699

NOTE:The Rules of Practice for this proceeding are set forth in Part 13, SubpartG, ofthe FederalAviation 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 laterthan 30 days after the date shown on the Certificate ofService. A general denial is deemed afailure to file an answer (Section 13.209(e)).CERTIFICATE OF SERVICE I hereby certifY that the foregoing Complaint has been placedthis date in the United States mail, postageprepaid, by CertifiedMail -ReturnReceiptRequested addressed as follows: FrankR. Galella LincolnParkAviation 425 BeaverbrookRoad LincolnPark, NY07035 FederalAviationAdministration (Original and one copy) 800 IndependenceAvenue, S.W. Washington, D.C. 20591 Attn: HearingDocket Clerk, AGC-430 Wilbur Wright Building-Room 2014**~IF** FILINGBYFEDERAL EXPRESS FederalAviationAdministration (Original and one copy) 600 IndependenceAvenue, SW WilburWright Building-Room 2014 Washington, DC 20591 Attn: HearingDocket Clerk, AGC-430

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------- Paralegal Specialist FederalAviationAdministration Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434