o 

U.S. Department Southern Region P.O. Box 20636 

of Transportation Office of the Regional Counsel Atlanta, Georgia 30320 

Federal Aviation (404) 305-5200 

Administration (404) 305-5223 FAX. 

JUL ^ 7 '-0^' 

CERTIFIED - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

WashingTon, DC 30591 

Re: [n L\e Matter of Sunstate Propeller, Inc. r'-U '"^^ 

FAA Case No. 2010SO150051 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Tampa, FL area, and expects that 

the hearing will last one day. 

Please address all communications for the FAA to the undersigned. 

Sincerely, 

A^fDREA MICHELI/E HARPER 

A.tTomey 

Office of the Regional Counsel 

Enclosures 

900/LOO © ^fiQ ^ 

VVd 5PLSC6f20 S XVJ80:t L LLOg/eo/8 0 
U.S. DEPARTIVIENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Sunstate Propeller, Inc 

Respondent. 

FAA Docket No 

Judge 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

The Federal Aviation Administration (TAA), by counsel, hereby files its Complaint, pursuant to 

Rule 208 of the Rules of Practice (14 C.F.R. 13.208). and stales as follows: 

I. 

On June 29, 2UI I, Respondent, Sunstate Propeller wa^ advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $8,500. 

On July 15,2011, the Agency Attorney received a written request for a hearing from the 

Respondent. 

II. 

1. At all times material herein Sunstate Propeller Inc. (Sunstate) was and is now the 

holder of Air Agency (Repair Station) Certificate No. OW4R429M. 

2. On or about March 25, 2009, Sunstate overhauled Hartzell propeller assembly 

HC-92ZK-8D, serial number 892L, and returned it to service. 

3. Subsequent to the above overhaul, Sunstaie made the following entry in the 

maintenance records for the above propeller: '"Propeller Resealed In Accordance With Hartzell 

Manual 110, n3C, 202A Complied With AD 2005-18-12." 

4 Airworthiness Directive (AD) 2005-18-12 is applicable to Hartzell propeller 

assembly HC-9ZK-8D, serial number 892L. 

^^^^^'^'^® SWQ - VVJ ZVISZ&VZOZ XVJ 80:L I LL03/eo/80 
5. AD 2005-18-12 requires inspecting the propeller blades and other critical 

propeller parts for corrosion and mechanical damage in order to detect corrosion and mechanical 

damage that can cause failure of a propeller, which could result m loss of control of the airplane. 

6. On or about November 30, 2009. a represeniative of the Administrator witnessed 

a lear-dowh inspection of the above propeller and observed the following discrepancies: 

a. Evidence of fore and aft movement on the blade assemblies; 

b. Each propeller blade had a piece of cork with white silicon inside the pilot 

tubes and one of tiie corks fell out during disassembly; 

c. A small amount of grease was observed inside the blade bores and on the 

pilot tubes; 

d. The bronze bushings propeller blades, serial numbers A22230J and 

A22753J were badly worn with galling on the blade bushing; 

e. Both pilot lubes were damaged and badly worn; 

f. Tool marks were observed inside both propeller blade balance holes; 

g. Dare metal with surface corrosion was observed inside both propeller 

blade balance hole and there was no corrosion prevention coating. 

7. Between March 25, 2009 and November 30, 2009, the above propeller assembly 

was operated in service for approximately 18.4 hours. 

8. On or about December 21, 2009. a representative of the Administrator observed a 

representative of the manufacturer conduct an inspection and analysis of the above propeller 

assemblies which included both propeller blades (Serial No. A22230J and A22753J). huh 

assembly (Serial No. 8921.), clamp assemblies (Serial No. U388 and U339), both pilot tubes, 

both blade internal bearings, and the blade internal bearing bore radius. 

9. The above inspection revealed the following discrepancies: 

a. The cork plugs in the hub pilot tubes were sealed with the wrong sealant; 

b. The damage/wear (scoring, galling) in the hub pilot tubes and internal 

blade bearings is excessive; 

c. Non-compliance witli inspection, rework, and corrosion preventative 

requirements in the internal blade bearing bores; 

d. Atypical circumferential tool marks in the blade bores: 

e. The bronze bearings were not removed during the overhaul; 

f The bcarii^g bore was not treated with chemical conversion coating ajid 

paint. 

10. By reason ofthe discrepancies listed in paragraphs 6 and 9 above, Sunstate did 

not properly comply with AD 2005-18-12 on March 25, 2009. 

900/eOOi a SfVQ - vw-i 

^ ^^^. ZPi9€6VZ0c XVd SO U UOZ/eo/8 0 
11. As a result, Sunslatc violated the following sections of the Federal Aviation 

Regulations: 

a. Section 43.13(a) in 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 neccssao' to assure completion of ihe work in 

accordance uiih 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. 

b. Section 145.201(c)(1) in that a certificated repair station may not approve 

any article for return to service unless the maintenance, preventive maintenance, or alteration 

was performed in accordance with the applicable approved technical data or data acceptable to 

the FAA. 

12. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil 

penalty not to exceed $11,000 for each ofthe violations alleged. 

13. Under the lacis and circum.stances of this case, a civil penalty of S8,500 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $8,500. 

Respectfully submitted this _7j_ _ day of July, 2010. 

ANDREA M1CI-IELL9H.^ER 

Attorney 

Office oj'the Regional Counsel 

PLEASE NOTE; 

Pursuant to Title 14 CFR Section 13.209(a): you are required to file a wTitten 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 which follows. 

CERTIFICATE OF SERVICE 

soo/foo© i m - vvj cpLseGfcos XVJ Bo-tL uos/co/e o 
HANSON 

I A W 

MICHAEL A. HANSON, ESQUTRE 

EDWARD R. HANSON. JR., ESOUlR£ 

KENNETH G. WIHG, EGQUlPi 

2501 NORTH ORieHTRCutf) 

surr^D 

TAMPA, FLCRIDA236IS 

rBl3>62«.7»4 

FAX:iei3K2l4S0l 

MHAWSOHQIKAKSCWLAWOFFICE.WET 

FEDERAL AVIATION ADMINlsriUTlON 

AiiENiiOi;: HEADING DOCKET CLERK, AGC-434 0 

800 INDtPENDENCE AVE. SW 

WILBUR WRIGHT BUILDING 

SUITE 2W1000 

WASHINGTON. D.C 

CC: EDDIi; L THOMAS 

R^OIONA L COUNSE L 

ANDRF.A MICH EL LF. HARPE H 

.4-nORMEY 

SriI;THERNRf.(5lorJ 

OrPlCt OK REGIONAL COUNSKL 

P.O. BOX 20636 

An.-^NTA, GDOROJA, 30320 

(404)305-5200 

(404) 305-5223 FAX 

JULY II, 2011 

Dear Sirs. 

i he Haji;,on Law Office Teprcsenis SUNSTATE PROPELLEF, INC. anil LEE H. 

McCLUTCHEN in mancrs concerning File# 201OSO150051. This lener in i» reference lo your Jciter time 

stamped June 29. 20) 1 and labeled FINAL NOTICE OF PROPOSIlD CIVIL PENALTY. 

Our client, SUNSTATE PROPELLER, INC. requests a hearing rtgarding this mancr. Please put 

SUNSTATE PROPELLER, INC on the docket accordingly. 

Thank Y 

Michael A. Hanson, Esquire RECEIVED 

JUL 1 5 2011 

'''**VS^:?'ONA L COUNSEL 

SOUTHERN REGION 

300/900 SWO - VVd 2t?L&EGt'oOZ XVd80:L L LLOS/GO/SO 
1 hereby certify that a copy of the foregoing Complaint has been mailed this dale by Certified 

Mail, Return Receipt Requested, to ihe following. 

Hearing Docket Clerk (original + 1 copy) 

FAA, AGC-430 , Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Michael A. Hanson, Hsq. 

Hanson Law Office 

2501 North Orient Road 

Suite 0 

Tampa, FL 33619 

Sunstate Propeller, Inc. 

Lee H- McCutchen, Manager 

51 low . Grace Street 

Tampa, FL 33607 

P 

GtRALD A. JLNtiflNGS 

Program Analyst 

Office ofthe Regional Counsel 

JUL 2 7 20ff 

Dated ^ 

^^j snseefso i xvd 8O:LI LLO2/CO/8O 

900/900IS ^'^^ "