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 MidwestTechnik received the Final Notice of Proposed Civil Penalty (FNPCP) referenced above in the office ofthe Accountable Manager on AprilS, 2015. Jet MidwestTechnik reviewed our data again in light ofthe outdated materials brought to our attention by the Local FSDO surveillance team as they continued to investigate the matter afterour initial response to ACE-7 2014CE050039. Since our last contact with our PMI concerned the inconsistency ofthe data your "FAA principals" were presenting we were underthe impression there would be further discussion until all the facts were certain. The take away from the last discussion /meeting was tovalidate the technical data in question. After careful review ofour data with the manufacturer and the lack ofoption for an informal conference with an FAA Attorney and pursuant to 14C.F.R. 13.16(g)(2)(i) this is our notice of request for a hearing before an Administrative LawJudge. In summarywe 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.comU.S. Department ofTransportation Federal Aviation Administration In Reply Refer To: ACE-7 

# 1\IED APR 23 2015 

## HEARING DOCKET Office ofRegional 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 Avenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2Wl000 Re: In the Matter ofAir Midwest, Inc. Case No. 2014CE050039 Enclosed herewith please find a copy ofa request for a hearing and the original and one copy ofthe Complaint in the above-referenced proceeding. The FAA requests thatthe hearing in this matterbe 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: PatrickKrausU.S. DEPARTMENT OF TRANSPORTATION FEDERALAVIATION ADMINISTRATION
In the Matter of: Served: April14, 2015 FAADocketNo. FAA Case No. 2014CE050039 

### -"'J e:.:t:..:M=id:::wc..e:::s::t...:Tc::e:.:c.:.:hn::.Ic...k,"--"In-"c"-. _______ _, Judge NotAssigned COMPLAINT
The Federal AviationAdministration (FAA), by counsel, hereby files its Complaint, pursuant to Rnle 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 1. OnJanuary 5, 2015, Respondent JetMidwestTechnik, Inc. was ad\lised through a Notice of Proposed Civil Penaltythatthe FAA proposedto assess a civil penalty inthe amount of$50,000. 

### On April 6, 20 15, Respondent submitted a written requestfor a hearing. II.
1. At all times hereinafter mentioned JMTI was the holder ofAir Agency Certificate Number Cettificate No. 5JMJR702B authorized to function as an approved repair station under Part 145 ofthe Federal Aviation Regulations (FAR). 2. On or about July 21, 2014, JMTI's accessory overhaul shop repaired and inspected 56 B/E Aerospace seats underWork Order (WO) J00085-0858, with associated FAAForm 8130-3 airworthiness approval tag. 3. Incident to the noted inspections, JMTI indicated on FAA Form 8130-3 thatthe repairs and inspections were completedusingB/E Aerospace componentmaintenance manual (CMM), chapter 25, revision I, dated May 09/03. 4. Duringroutine surveillance conducted on August 26, 2014, bypersonnel from the Flight Standards District Office, Kansas City, Missouri, it was discoveredthatJMTI:

a. Did nothave the CMMreferenced in the subjectWO; andb. Did not have a current capability Jist showingthe seats 

### in question were eligible to be repaired and inspected byJMTI. 5. JMTI's Repair Station and Quality Control Manual, Section 4.8, Capability List, states that JMTI may onlyperform maintenance on articles which are on JMT's capability list. 6. The surveiJlance disclosed the cover page ofthe subjectWO, associated with FAA Form 8130-3, had a blockmarked "yes" to indicate thatthe article is onthe capabilities Jist when, in fact, the B/EAerospace seats had not been added to the airframe component capability list atthe time the maintenance work identified herein was performed. 7. Basedonthe foregoing, JMTI illegaJly repaired, inspected, and returnedto service 56 seats when it was not rated or authorized to perform such maintenance. 8. The 56 seats in question were subsequently installed intwo Boeing 767 aircraft operated by Dynamic Airways. 

### III. 1. Byreason ofthe foregoing facts and circumstances, Respondentviolatedthe following sections ofthe Federal Aviation Regulations:
a. Section 145.109(d), when JMTl failedto maintainthe documents and data required for the perfonnance ofmaintenance under its repair station certificate and operation specification in accordance withPart43. 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 notperformed in accordance with data acceptable to the Administrator. 

### 2

e. Section 145.207(a), when JMTI failed to follow procedures in theirrepair 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 notto exceed $11,000 for each ofthe violations alleged. 3. Under the facts and circumstances ofthis case, a civil penalty of$50,000 is appropriate. WHEREFORE, the Agency, bycounsel, respectfully requests that the Administrative Law Judge enter an orderthat Respondent be assessed a civil penalty in the amount of$50,000. Dated this 14'h day ofApril, 2015. Respectfully submitted, A. LesterHaizlip A.c.·

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# I /Mark G. Camacho 

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/ 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) ofthe Rules ofPractice in FAA Civil Penalty Proceedings states, "A respondent shall file a written answerto the complaint, ormay file a writtenmotion pursuantto Section 13 .208(d) or Section 13 .218(f)( 1-4) instead offiling 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 ofthe truth ofeach 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 

### inthe United States mail, certified, retum receipt requested, a copy ofthe Administrator's Complaint, addressedto: 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 

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# /J~~A4A- Affsa Gause Paralegal Specialist Dated this 14'' day ofApril, 2015.