U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southern Region 

Office of the Regional Counsel 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washipgton, DC 20591 

Re: In the Matter of Paz Aviation, 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 

cJOI<..}- 0801-

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 Miami, Florida, area, and expects 

that the hearing will last four days. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Si"1/;JV-'-

WILLIAM VINES . 

Attorney 

Office of the Regional Counsel 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. FAA Case No. 2011S0190272 

JUDGE NOT YET ASSIGNED 

Paz Aviation, Inc. 

Respondent. 

COMPLAINT 

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

pmsuant to Rule 208 of the Ru1es of Practice (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 of Proposed 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 of Air 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 Order No. 

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, 2011 
4) 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 October 29, 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 October 26,2010 

24) 26477 OVERHAUL June 24,2010 June 29, 2010 

25) 26476 OVERHAUL (date unknown) June 29, 2010 

26) 26143 OVERHAUL (date unknown) 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 July 28, 2010 July 30,2010 

34) 25560 OVERHAUL March23,2010 March 23, 2010 

35) 25018 OVERHAUL February 24, 2010 February 24, 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 November 21, 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 October 22, 2009 October 23, 2009 

45) 24340 OVERHAUL November 5, 2009 November 4, 2009 
46) 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 in Boeing Component Maintenance Manual (CMM) section 27-60-

41. 

4. Paz recorded some of the above referenced maintenance as "overhauled" in the equired 

maintenance documents. 

5. However, the Assemblies were not properly overhauled in that Paz performed some 

required tests with tools that were not named in the applicable sections ofCMM 27-60-41 

or approved as equivalent by the Administrator. 

6. In addition, the Assemblies were not properly overhauled in that Paz failed entirely to 

perform other tests required by the applicable sections of CMM 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 in the applicable sections of CMM 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, and repaired on April27, 2011. 

9. At the time Paz performed the above-described maintenance to the Assemblies, Paz did 

not have on hand all of the 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 particular job by 

checking the manufacturer's maintenance manual or other FAA -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 on required 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 of proper tools and technical 

data, the designation of items as overhauled when they had not been properly tested, the 

lack of conformity to the requirements of Boeing CMM 27-60-41, and the improper 
return to service of items that were not repaired in accord with the requirements of the 

Administrator. 

III. 

13. By reason of the foregoing facts and circumstances, Respondent violated the following 

sections of the Federal Aviation Regulations: 

1) Section 43.2(a)(2) in that no person may 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 and technical data acceptable to the Administrator, which have been 

developed and documented by the holder of the type certificate, supplemental 

type certificate, or a material, part, process, or appliance approval under 

§21.305 of this 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 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. 

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 if it requires special technical data, equipment, or 

facilities that are not available to it. 

4) Section 145.207(a) in that a certificated repair station must prepare and follow 

a repair station manual 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 subject to a civil penalty not to 

exceed $11,100 for each of the violations alleged. 

Under the facts and circumstances of this case, a civil penalty of $44,880 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 $44,880. 

R""'(I:(J::" ~ d"y o10d.,btt, 2014 

WILLIAM VINES 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

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 if appropriate, not later than 30 days 

after the date shown on the Certificate of Service which follows. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Paz Aviation, Inc. 

c/o Jay Allen, President 

7455 W 2"d Court 

Hialeah, FL 33014-4301 

David M. McDonald, Esq. 

McDonald & McDonald 

Attorneys at law 

P.O. Box 669122-9428 

Miami, FL 33135-2321 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

~. s~~m ()Q 1 Jl 

Legal Assistant 

Dated 

(original + 1 copy) 
DAVJDCMcDONALD(l897-l97f) 

DAVID McDONALD 

McDONALD & McDONALD 

Attorneys af Law . llsiabllshed 1927 

P. 0. Box669.122"9428 

Miattu, Flodcta. 33.135'2321 

Tcr:EPHo~il (305)iJ43c53Ll 

fACSIMITCE (;i05) 643'4990 .. dmm@OJe'dQtuildhtltir'ncVs Ct:lli1 

OctOber 1,2014 

flAVIl) M. MdJQNALLl' 

Via Fmt: 404-~05-5223 a11d 

U.S. MaiL First Class. Mail 

Fedel'al Aviatioll Adrnillistt:atfoit 

800 Indep~lldeJtce Awnttc. SW 

Wilbur W1ight Buildh1g, Suite 2W1 000 

Washington, DC 20591 

Attn: Heatil!gDockd Clerk, AGCAjO 

Re: PazAviation, Inc, 

Final Notice ofProposed Civil Penalty 

Case.No. 20llS0190272 

Onr File No, 12,138 

REQUEST .FOR. REARING 

To Wholll It May C<ilicern: 

Paz Avlatimr, II1C,, by alicl. tht'O\Igh Its t!l\dersigtted ¢oui1sel, hei'eby J'eq!lests.a he>irhig on 

the Adtninistratol''s Final Notice ofProjJQsed Civil Penalty h1 accordance with 14 C.P.R. ~13.16. 

Sincete!y, , 

McDONALD & McDONALD 

DMM:111illl 

cc:. Williat11 P. Vines, Esq. 

cc: Pat. Avitltion, Jnc, - vitr email