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AmericanAirUr^^' 

Francis C. Heil, Esq. ' "'• '- " Direct Dial: 202.496.5B42 

Facsimile: 202.496.6660 

April 26, 2011 

Via Federal Express 2-clav eiVEL 

API? 2 8 2ar 

Attn: Hearing Docl<et Clerk, AGC-430 

Federal Aviation Administration HEARING DOCKET 

600 Independence Avenue, SW 

Wilbur Wright Building. Suite 2W1000 

Washington, DC 20591 ^^0/h02'i(^ 

Re: Final Notice of Proposed Civil Penalty 

Case 2008SW210191 

Pursuant to 14 CFR §13.16(g)(2)(ii), American Eagle Airiines, Inc., through 

counsel, requests a hearing in the above-referenced civil penalty action. All 

pleadings and court papers should be sent to: 

Francis C. Hell, Senior Attorney 

American Airiines, Inc. 

Legal Department 

P.O. Box 619616 

Mail Drop 5675 

DFW Airport, TX 75261-9616 

Thank you for your assistance. 

Very truly yours. 

Francis C. Heil 

Senior Attorney 

cc: Rena M. Price, Esq. 

FAA - Southwest Region 

Office of the Regional Counsel, ASW-7 

2601 Meacham Boulevard 

Fort Worth. TX 76193 

Ariicricktn Eagle Airlines, Inc, P,0. LJ0xCl9C1G MDri^HMHOO !)..iil;.it.:/l-i Wrjrlh Airyurl, TK 7G2SI 

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O 

U.S. Deparrment 

of Transportation 

Federal Aviation 

Administration 

Southwest Region 

Arkansas, Louisiana, 

New Mejrico, Oklahoma 

Texas 

Office of Regional Counsel 

2601 Meacham Blvd., Rm. 663 

Fort Worth, TX 76137 

(SI 7) 222-5099 

(817) 222-5945/5092 FAX 

iJ 

MAY ' 0 2311 

[EARING DOCKE-T 

May 3, 2011 

CERTIFIED MATL - RHTURN RECEIPT REQUF.STFI) 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

In the Matter of American Eagle Airlines. Inc. 

Docket No. CP - To Be Assigned /j ,, j\n/} / 

Case No. 2008SW210191 C^Olr 0/Yf^ 

Dear Sir or Madam: 

Enclosed arc the original and one copy of the complaint in the ahove-refcrcnccd proceeding. 

The Complainant requests that the hearing in tliis matter he held in the Dalla.s, Texas area, and 

expects that the hearing will last one (1) day. 

Please serve me with all documents in this matter. 

RenaM. Price, AS W-7E1 

Federal Aviation Administration 

Southwe.si Region 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137 

DAVID L.DONNEM. 

Acting Regional Counsel 

Southwest Region 

By: A-^-^A. 

Rena M. Price 

Senmr Attorney, Safety Enforcement Branch 

Phone: (817)222-5068 

FAX: (817) 222-5945 or 5092 

Enclosure 
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U.S. DEPARTMbNT OF TRANSPORTA'l ION 

FEDERAL AVIATION ADMIN IS fRATION 

In the Matter of: 

AMERICAN EAGLE AIRLINES, INC 

FAA Case No. 2008SW210191 

FAA Docket CP No. - l"o Be Assigned 

Judge Not Assigned 

COMPLAINT 

The Complainant files its complaint, under Rule 208 of the Rules of Practice in I'AA 

Civil Penalty Actions, 14 CFR §13.208, and states the following: 

I. 

Respondent American Eagle Airlines, Inc., (American Eagle) was advised through a 

Notice of Proposed Civil Penally that the FAA proposed to assess a civil penalty in the amount 

of $48,000.00. On April 26, 2011, Respondent submitted a written request tor a hearing. 

II. 

1. American Eagle Airlines. Inc., (hereinafter "American Eagle") holds Air CaiTier 

Certificate Number SIMA586A and Operations Specifications, with authority to 

operate in air transportation or air commerce pursuant to Part 121 of the Federal 

Aviation Regulations (I'ARs). 

2. Under Part D-085, Aircraft Listing, of the Operations Specifications, American 

Fagle is authorized to operate civil aircrad Embracr (EMB) FMB-145-LR, 

N616AE. 

3. Under Part D072, Aircrafi Maintenance - Continuous Airworthiness Maintenance 

Program (CAMP) Authorization, of the Operations Specifications, American 

Eagle is required to maintain each aircraft utilized by tlie company in accordance 

with the CAMP pi-ogram. 

4. On March 15, 2008, American Eagle operated N616AE in l>light 4154 enroute 

from Columbus, Ohio, to Chicago O'Hare International Airport, Illinois [ORD]. 

5. During night, the lell engine cowling opened, cau.sing substantial damage to the 

aircraft. 

Passengers aboard Flight 4154 were deplaned on the taxiway and the aircraft was 

towed to the hanger to assess the damage and repair the aircraft. 
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7. A review of the maintenance logs for the aircraft revealed that a PS-2 inspection 

waii accomplished and signed lor by a company authorized airman on or about 

March 15,2008. 

8. The PS-2 Work Card associated with this inspection clearly states "Obey the 

instructions below to close the engine cowling" and sets out step by step 

instructions to accomplish this task per AMM (Aircraft Maintenance Manual) 

Task 71-12-01-400-801-A, Engine Lower Cowling • Closing. 

9. The root cause of the incident was that the technician failed to properly close and 

.secure the cowling, contrary to instructions in the AMM. 

10. American Eagle released the aircrafi for .service when the aircraft was not in an 

airworthy condition. 

11. Amcfican Eagle perfomied maintenance and failed to use the methods, 

techniques, and practices prescribed in the current manufacturer's maintenance 

manual or histructions for Continued Aii-worthincss prepared by its manufacturer, 

or other methods, techniques, and practices acceptable to the Administrator. 

12. By reason of the foregoing facts and circumstances, American Eagle violated the 

following 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. 

b. Section 121.153(a)(2), in that no certificate holder may operate an aircraft 

unless that aircraft is in an airworthy condition and meets the applicable 

airworthines.s requirements of this chapter, including those relating to 

identification and equipment. 

c. Section 121.369(b), in that American Eagle failed to ensure that the 

certificate holder's manuals were followed when performing maintenance, 

preventive maintenance, and ahcrations of airplanes, including airframes, 

aircraft engines, propellers, appliances, emergency equipment, and parts 

thereof. 

III. 

1. Under 49 U.S.C. §46301, American Eagle is subject to a civil penalty for each of 

the violations alleged. The maximum penalty per violation is $25,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of $48,000.00 is 

appropriate. 
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Complainant respectfully requests that the adniinistrative law judge enter an order that 

Respondent American Eagle be assessed a civil penalty in the amount of $48,000.00. 

Submitted this 3'^ day of May 2011 

DAVID L. DONNELT 

Acting Regional Counsel 

Southwest Region 

By: 

\ 

£->^ , bPlena M. Price 

,»enior Attorney 

Safety Enforcement Branch 

Federal Aviation Administration 

Southwest Region 

Fort Worth, TX 76137 

Phone: (817)222-5068 

FAX: (817)222^5945 

e-mail: Rena.M. Pricedlfaa. gov 
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CERTIFICA'IE OF SERVICE 

I certify that the foregoing Complaint has been mailed this date by Certified Mail, Return 

Receipt Requested, to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Francis C. Heil, Esq. 

American Airline.s, Inc. 

Legal Department 

P.O. Box 619616, MD 5675 

DFW Airport, TX 75261-9616 

TEL: (202)496-5642 

FAX: (202)496-5660 

American Eagle Airlines, Inc. 

1700 W. 20" Street, MD 1200 

P.O. Box 612527 

DFW Airport, TX 75261-2527 

ATTN: Mr. Peter Bowler, President 

SylviaC. (wa. Paralegal Specialist 

Kecrcral Aviation Administration 

Southwest Region 

Date: May 3, 2011