U.S. Department ofTransportation Federal Aviation Administration Southern Region Office ofthe Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur WrightBuilding 800 Independence Avenue, SW Washipgton, DC 20591 Re: Inthe Matter ofPazAviation, Inc. FAA Case No. 2011S0190272 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

# RECEIVED OCT 14 2014 HEARING DOCKET 

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Enclosed herewith please find a copy ofa request for hearing and the original and one copy of the Complaintinthe above-referenced proceeding. The FAA requests that the hearing inthis matter be held inthe Miami, Florida, area, and expects thatthe hearing will last four days. Please address all communications for the FAAto the undersigned, at: Federal AviationAdministration Office ofthe Regional Counsel, AS0-7 SouthernRegion 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. 

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WILLIAMVINES

. Attorney Office ofthe Regional Counsel EnclosuresU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,

vs. FAA CaseNo. 2011S0190272 JUDGENOT YET ASSIGNED PazAviation, Inc. Respondent.

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pmsuantto Rule 208 ofthe Ru1es ofPractice (14 C.P.R. 13.208), and states as follows: I. On September 24, 2014, Respondent, Paz Aviation, Inc. was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$44,880. On October 1, 2014, the Agency Attorney received a written request for a hearing from the Respondent. II. 

### 1. At all times material herein Respondent times material herein Paz Aviation, Inc. (hereafter "Paz") was and is now the holder ofAir Agency Certificate No. XPZR185L (Repair Station), authorizing Paz to perform work on Boeing Flight Spoiler Assembly components. 2. On or about the following dates, Paz personnel performed maintenance and retmued to service the following Boeing Flight Spoiler Power Control Unit Assemblies (hereafter "Assemblies"): Work OrderNo. 1) 29409 2) 29408 3) 29407 Maintenance TEST TEST TEST Testing Dates April 25, 2011 April 25, 2011 April 25, 2011 Return to Service April 27, 2011 April27, 2011 April 27, 20114) 28555 OVERHAUL (date unknown) April 7, 2011 5) 28554 OVERHAUL April 5, 2011 Apri114, 2011 6) 28397 OVERHAUL January 26, 2011 January 26, 2011 7) 28396 OVERHAUL January 26, 2011 January 26, 2011 8) 28171 OVERHAUL January 7, 2011 January 7, 2011 9) 28170 OVERHAUL January 7, 2011 January 7, 2011 10) 28106 OVERHAUL January 7, 2011 January 7, 2011 11) 27884 OVERHAUL November 11, 2010 November 11, 2010 12) 27885 OVERHAUL November 11,2010 November 11, 2010 13) 27886 OVERHAUL November 11,2010 November 11,2010 14) 27868 OVERHAUL November 30,2010 November 30,2010 15) 27867 OVERHAUL November 30, 2010 November 30,2010 16) 27866 OVERHAUL November 30, 2010 November 30,2010 17) 27517 OVERHAUL October29, 2010 October 29, 2010 18) 27516 OVERHAUL October 29,2010 October 29, 2010 19) 27160 OVERHAUL September 22, 2010 September 27, 2010 20) 27159 OVERHAUL September 17,2010 September 20,2010 21) 27158 OVERHAUL September 22, 2010 September 27,2010 22) 27157 OVERHAUL October 15, 2010 October 15,2010 23) 27063 OVERHAUL October 26, 2010 October26,2010 24) 26477 OVERHAUL June 24,2010 June 29, 2010 25) 26476 OVERHAUL (date unknown) June 29, 2010 26) 26143 OVERHAUL (dateunknown) May 19,2010 27) 26027 OVERHAUL November 22, 2010 November 22,2010 28) 25909 REPAIR April12, 2010 Aprill2, 2010 29) 25908 REPAIR April12, 2010 April12, 2010 30) 25838 OVERHAUL May 27,2010 May 27,2010 31)25837 OVERHAUL (date unlmown) May 27,2010 32) 25792 OVERHAUL May 4, 2010 May27, 2010 33) 25791 OVERHAUL July28, 2010 July 30,2010 34) 25560 OVERHAUL March23,2010 March 23, 2010 35) 25018 OVERHAUL February 24, 2010 February24, 2010 36) 25017 OVERHAUL April 22, 2010 April30, 2010 37) 24956 OVERHAUL December 6, 2010 January 13,2010 38) 24955 OVERHAUL (date unknown) November 25, 2009 39) 24857 OVERHAUL November21, 2009 November 18, 2009 40) 24856 OVERHAUL November 30, 2009 November 18,2009 41) 24855 OVERHAUL November 30, 2009 November 18,2009 42) 24854 OVERHAUL November 30, 2009 November 18,2009 43) 24801 OVERHAUL (date unknown) January 7, 2010 44) 24555 OVERHAUL October22, 2009 October 23, 2009 45) 24340 OVERHAUL November 5, 2009 November4, 200946) 24075 47) 23893 48) 23773 

### OVERHAUL OVERHAUL OVERHAUL September 18, 2009 (date unknown) July 30, 2009 September 23,2009 July 29, 2009 July 30, 2009 3. The above maintenance was required to be performed in accordance with the data and instructions contained inBoeing ComponentMaintenance Manual (CMM) section 27-60- 41. 4. Paz recorded some ofthe above referenced maintenance as "overhauled" inthe equired maintenance documents. 5. However, the Assemblies were not properly overhauled in that Paz performed some required tests withtools thatwere notnamed in the applicable sections ofCMM27-60-41 or approved as equivalentby the Administrator. 6. In addition, the Assemblies were not properly overhauled in that Paz failed entirely to perform othertests requiredby the applicable sections ofCMM 27-60-41. 7. In addition, at the time Paz performed the above-described maintenance and approved the Assemblies for return to service, Paz had not performed tests in accord with data contained inthe applicable sections ofCMM 27-60-41 or other equivalent data approved by the Administrator. 8. In addition, Paz employees were unable to explain how tests were performed on Assembly 

### PIN 65-44561-15, SIN 8356, which Paz recorded as overhauled on May 27, 2010, tested on September 27, 2010, andrepaired on April27, 2011. 9. At the time Paz performed the above-described maintenance to the Assemblies, Paz did not have on hand all ofthe special technical data, equipment, and or facilities required to perform the above maintenance. 10. Paz also failed to follow its accepted Repair Station Manual (RSM) Section 5.3.1, which requires Paz to have all the tools necessary to perform the required maintenance, to have the shop manager ensure that the equipment necessary was made available on the premises, and to verify the equipment, tools, and material needed for a particularjob by checking the manufacturer's maintenance manual or otherFAA-approved technical data. 11. In addition, Paz failed to follow RSM Section 5.3.3, which requires Paz to use equipment, material, and tools recommended by the manufacturer or equivalent equipment, materials, and tools, determined to be equivalent by the Quality Control manager and documented onrequired Paz forms. 12. In addition, Paz failed to follow its Quality Control System, Quality Control Manual Section 1.4.1, in that Paz failed to detect or cure the lack ofproper tools and technical data, the designation ofitems as overhauled when they had not been properly tested, the lack of conformity to the requirements of Boeing CMM 27-60-41, and the improperreturn to service ofitems that were not repaired in accord with the requirements ofthe Administrator. III. 13. By reason ofthe foregoing facts and circumstances, Respondent violated the following sections ofthe Federal Aviation Regulations: 1) Section43.2(a)(2) inthat no personmay describe in any required maintenance entry or form an aircraft, airframe, aircraft engine, propeller, appliance, or component part as being overhauled unless it has been tested in accordance with approved standards and technical data, or in accordance with current standards andtechnical data acceptable to the Administrator, which have been developed and documented by the holder ofthe type certificate, supplemental type certificate, or a material, part, process, or appliance approval under §21.305 ofthis chapter. 2) 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 preparedby 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. Ifspecial equipment or test apparatus is recommended by the manufacturer involved, he must use that equipment orapparatus or its equivalent acceptable to the Administrator. 3) Section 145.20l(b) in that a certificated repair station may not maintain or alter any article for which it is not rated, and may not maintain or alter any article for which it is rated ifit requires special technical data, equipment, or facilities that are not available to it. 4) Section 145.207(a) in that a certificated repair stationmust prepare and follow arepair stationmanual acceptable to the FAA. 5) Section 145.21l(b) in that repair station personnel must follow the quality control system when performing maintenance, preventive maintenance, or alterations under the repair station certificate and operation specifications. Pursuant to 49 U.S.C. Sections 4630l(a)-(d), Respondent is subjectto a civil penaltynotto exceed $11,100 for each ofthe violations alleged. Underthe facts and circumstances ofthis case, a civil penaltyof$44,880 is appropriate.WHEREFORE, the Agency, by counsel respectfully requests thatthe Administrative Law Judge enter an orderthat Respondent be assessed a civil penalty inthe amount of$44,880. 

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# 2014

WILLIAM VINES Attorney Office ofthe Regional Counsel

PLEASENOTE: Pursuant to Title 14 CFR Section 13.209(a), Paz Aviation, Inc., is required to file a written answer to this Complaint, or a written Motion to Dismiss ifappropriate, not later than 30 days after the date shown onthe Certificate ofService whichfollows.CERTIFICATE OF SERVICE Ihereby certify that a copy ofthe foregoing Complainthas been mailedthis date byCertified Mail, Return Receipt Requested, to the following: PazAviation, Inc. c/o Jay Allen, President 7455 W 2"d Court Hialeah, FL 33014-4301 DavidM. McDonald, Esq. McDonald & McDonald Attorneys at law P.O. Box 669122-9428 Miami, FL 33135-2321 HearingDocket Clerk FAA, AGC-430, Suite 2W1000 WilburWrightBuilding 800 IndependenceAvenue, SW Washington, DC 20591



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