CERTIFIED MAIL- RRR 

Cert. No. 7010 3090 0002 9111 7494 

Federal Aviation Administration Copy: 

800 Independence Avenue 

Washington, DC 20591 

REGULAR MAIL 

A. Lester Haizlip 

Acting Regional Counsel 

901 Locust St. 

Room 506 

REGEl w-o 

t: 

t;. ;: 3 2015 

HEARING DOCKET 

April6, 2015 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2014 Kansas City, MO 64106-2641 

Complaint-Request for Hearing before an Administrative Law Judge 

RE: EIR 2014CE050039 - Final Notice of Proposed Penalty 

To Whom It May Concern: 

Jet Midwest Technik received the Final Notice of Proposed Civil Penalty (FNPCP) referenced above in 

the office ofthe Accountable Manager on AprilS, 2015. Jet Midwest Technik reviewed our data again 

in light of the outdated materials brought to our attention by the Local FSDO surveillance team as they 

continued to investigate the matter after our initial response to ACE-7 2014CE050039. Since our last 

contact with our PMI concerned the inconsistency of the data your "FAA principals" were presenting 

we were under the impression there would be further discussion until all the facts were certain. The 

take away from the last discussion /meeting was to validate the technical data in question. 

After careful review of our data with the manufacturer and the lack of option for an informal 

conference with an FAA Attorney and pursuant to 14 C.F.R. 13.16(g)(2)(i) this is our notice of request 

for a hearing before an Administrative Law Judge. 

In summary we feel the proposed civil penalty is unjustified by factual evidence. 

Steve o~r~rcf;t~vu"~'"~ll 

COO/ Accountable Manager 

Cc: Patrick Kraus- President JMT, A Haizlip- FAA Acting Regional Counsel 

MRR 

9200 NW 112'h Street, Kansas City, MO 64153 

phone: 816.399.5096 fax: 816.527.8096 

FAA Repair Station : #5JMR702B 

www.jetmidwesttechnik.com 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

In Reply Refer To: ACE-7 

1\IED 

APR 2 3 2015 

HEARING DOCKET 

Office of Regional Counsel 

901 Locust, Room 506 

Kansas City, MO 64106-2641 

Area Code: 816-329-3766 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Certified Mail Receipt Nos. 7014287000128892973 & 70142870000128892980 

April 14,2015 

Hearing Docket 

Federal Aviation Administration 

800 Independence A venue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl000 

Re: In the Matter of Air Midwest, Inc. 

Case No. 2014CE050039 

Enclosed herewith please find a copy of a request for a 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 Kansas City, Missouri, and expects that the 

hearing will last one day. 

Please address all communications for the FAA to Mark G. Camacho, Federal Aviation Administration, 

Central Region, ACE-7, Room 506, DOT Building, 901 Locust, Kansas City, MO 64106-2641. 

Sincerely, 

A. Lester Haizlip 

Acting Regionai.J5<?urtsel 

Enforcement Attorney 

Enclosures 

cc: Patrick Kraus 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: Served: April14, 2015 

FAA Docket No. 

FAA Case No. 2014CE050039 

-"'J e:.:t:..:M=id:::wc..e:::s::t...:Tc::e:.:c.:.:hn::.Ic...k,"--"In-"c"-. _______ _, Judge Not Assigned 

COMPLAINT 

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

Rnle 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

1. On January 5, 2015, Respondent Jet Midwest Technik, Inc. was ad\lised through a Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$50,000. On 

April 6, 20 15, Respondent submitted a written request for a hearing. 

II. 

1. At all times hereinafter mentioned JMTI was the holder of Air Agency Certificate 

Number Cettificate No. 5JMJR702B authorized to function as an approved repair station under Part 

145 of the Federal Aviation Regulations (FAR). 

2. On or about July 21, 2014, JMTI's accessory overhaul shop repaired and inspected 56 B/E 

Aerospace seats under Work Order (WO) J00085-0858, with associated FAA Form 8130-3 

airworthiness approval tag. 

3. Incident to the noted inspections, JMTI indicated on FAA Form 8130-3 that the repairs 

and inspections were completed using B/E Aerospace component maintenance manual (CMM), chapter 

25, revision I, dated May 09/03. 

4. During routine surveillance conducted on August 26, 2014, by personnel from the 

Flight Standards District Office, Kansas City, Missouri, it was discovered that JMTI: 

a. Did not have the CMM referenced in the subject WO; and 
b. Did not have a current capability Jist showing the seats in question were eligible to be 

repaired and inspected by JMTI. 

5. JMTI's Repair Station and Quality Control Manual, Section 4.8, Capability List, states that 

JMTI may only perform maintenance on articles which are on JMT's capability list. 

6. The surveiJlance disclosed the cover page of the subject WO, associated with FAA Form 

813 0-3, had a block marked "yes" to indicate that the article is on the capabilities Jist when, in fact, the 

B/E Aerospace seats had not been added to the airframe component capability list at the time the 

maintenance work identified herein was performed. 

7. Based on the foregoing, JMTI illegaJly repaired, inspected, and returned to service 56 seats 

when it was not rated or authorized to perform such maintenance. 

8. The 56 seats in question were subsequently installed in two Boeing 767 aircraft operated by 

Dynamic Airways. 

III. 

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

sections of the Federal Aviation Regulations: 

a. Section 145.109(d), when JMTl failed to maintain the documents and data required for 

the perfonnance of maintenance under its repair station certificate and operation specification in 

accordance with Part 43. 

b. Section 145.20l(a), when JWITI failed to perform maintenance in accordance with part 

43. 

c. Section 145.201(b), when JMTI maintained an article for which it is not rated. 

d. Section 145.201 (c)(l), when JMTI approved for return to service an article when the 

maintenance was not performed in accordance with data acceptable to the Administrator. 

2 

e. Section 145.207(a), when JMTI failed to follow procedures in their repair station manual 

for adding articles to their capability list before maintaining such articles. 
3 

2. Pursuant to Title 49 U.S.C. 46301, Respondent is subject to a civil penalty not to exceed 

$11,000 for each of the violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of $50,000 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 $50,000. 

Dated this 14'h day of April, 2015. 

Respectfully submitted, 

A. Lester Haizlip 

A. c.· t~· ng eg. i.ol}al ... ·.· ... ~ounsel B .. · / .! /: 

'/ ' d/~/1/i<.:>%-:// ra 

.. ~i _. "'.·.~".-.<' /./ 

/ ":/14-e; &.5PJf::;c;l 

I /Mark G. Camacho c::::" 

/ Attorney for Complainant 

I Federal Aviation Administration / 901 Locust St., Room 506 

Answer 

Kansas City, MO 64106-2641 

816-329-3765; Fax (816) 329-3771 

Section 13.209(a) of the Rules of Practice in FAA Civil Penalty Proceedings states, "A respondent shall 

file a written answer to the complaint, or may file a written motion pursuant to Section 13 .208( d) or 

Section 13 .218(f)( 1-4) instead of filing an answer, not later than 30 days after service ofthe complaint. 

Section 13.209(f) states, "A person's failure to file an answer without good cause shall be deemed an 

admission of the truth of each allegation contained in the complaint. 
Jet Midwest Technik, Inc., FAA Case No. 2014CE050039 

CERTIFICATE OF SERVICE 

I hereby cetiify that I have this date placed in the United States mail, certified, retum receipt 

requested, a copy of the Administrator's Complaint, addressed to: 

Mr. Patrick Kraus, President 

Jet Midwest Technik, Inc. 

9200 NW 112'h Street 

Kansas City, MO 64153 

4 

In addition, I hereby cettifY that I have this date placed in the United States mail, certified, retum 

receipt requested, the original and one copy, addressed to: 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

ck /J~~A4A- Affsa Gause 

Paralegal Specialist 

Dated this 14'' day of April, 2015.