U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFHCE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Carolina Blue Air, LLC .:i; 

FAA Docket No. CP lOEAOO 10 % 3^1 ^ 

FDMSNo.FAA-2010-0972 - og^ i 

TI—^Sl= H 

4=- CO COMPLAINANT'S MOTION FOR DECISION 

Pursuant to 14 C.F.R, Section 13.218(f), Complainant (Agency) moves for decision. 

Agency submits that there is no genuine issue of material fact and the Agency is entitled to 

judgment in its favor as a matter of law. 

STATEMENT OF UNDISPUTED FACTS 

* 1. At all times relevant herein, CaroUna Blue Air, LLLC ("hereinafter "Respondenf), 

maintained and operated a Dassault Falcon Jet aircraft, identification niunber N450CF 

(hereinafter "the aircraft")- Paragraph 1 of Complaint, admitted in Answer. 

2. At all times relevant herein, the aircraft was subject to the requirements of 

Airworthiness Directive (A.D.) 98-13-05. Paragraph 2 of Complaint, admitted in 

Answer. 

3. AD 98-13-05 required repetitive inspections to detect cracks at the attaching holes of 

the wing to ftiselage fairings and to ensure tightness of the attaching screws, and repair 
of any discrepancy found during such inspections. Paragraph 3 of Complaint, 

admitted in Answer. 

4. Specifically, these inspections were required within 7 months or 330 flight hours after 

the effective date of the AD ' and thereafter to be repeated '''at intervals not to exceed 6 

months or 300 flight hours,^ whichever occurs first." Exhibit A-1, page 3.^ 

5. During an FAA inspection on March 21, 2010, it was discovered tiiat at the aircraft 

had last been subject to the inspection required by AD 98-13-05 on August 20, 2009. 

Exhibit A-2,A-4,A-5. 

6. During the period February 23, 2010 to February 25, 2010, Respondent operated the 

aircraft on four (4) flights. Paragraph 4 of Complaint, admitted in Answer. 

7. According to the Airworthiness Directive Manual ("hereinafter "ADM'), in the 

Section tided "CompUance Time or Period," the following is stated: 

Where compliance times are specified as a period of time after the effective date, the 

time is measured from the effective date. For example, if the compliance time is 

"within 12 months after the effective date " and the effective date is January 15, 1991, 

the deadline for compliance is January 15, 1992. Where compliance times are 

specified as a number of calendar months after the effective date, the time is measured 

from the end of the month during which the AD becomes effective. For example, if the 

compliance time is "within 12 months after the effective date " and the effective date is 

January 15, 1991, the deadline for compliance is January 31, 1992. Exhibit A-3, p. 

54. 

• The effective date of the A.D. was July 23, 1998. Exhibit A-1, page 4. 

^ The Agency is not contending that the aircraft reached 300 hours. Therefore, the number of 

hours is irrelevant for purposes of this case. 

^ The authenticity of Exhibit A-1 and the other exhibits referenced in this motion were admitted in 

response to requests for admissions. A copy of the request for admissions and responses thereto 

are attached herein collectively as Exhibit B. 

2 
ISSUES 

(1) Whether Respondent operated the aircraft on the 4 flights during the period February 23. 

2010 to February 25. 2010 (hereinafter "the 4 flights"') in non-comphance with AD 98-13-05. 

in violation of Section 39.7 of tiie Federal Aviation Regulations (FARs)? 

(2) Whether Respondent operated the aircraft on the 4 flights when the aircraft was in an 

unairworthv condition in violation of FAR 91.7(a)? 

(3) Whether Respondent performed improper maintenance on the aircraft in violation of FAR 

43.13(a)? 

(4) Whether a civil penalty of $17.500 is appropriate? 

ARGUMENT 

(1) Respondent operated the aircraft on the 4 flights in non-compUance with AD 98-13-

05 in violation of FAR 39.7. 

FAR 39.7 states that anyone who operates a product that does not meet the 

requirements of an appUcable AD is in violation of this FAR. It is undisputed that 

Respondent operated a product - i.e., the aircraft - that was subject to AD 98-13-05. The 

issue as to whether Respondent failed to comply with that AD can be discerned from the plain 

language of the AD, which states that once the initial required inspection is performed, 

inspections are required to be repeated "at intervals not to exceed 6 months." In other words, 

not more than 6 months may pass between inspections. Months - period. Not calendar 

months. Thus, because Respondent performed the required inspection on August 20, 2009, it 

was next required to perform the inspection by February 20, 2010. In fact, as of March 1, 
2010, Respondent had not performed the inspection since August 20, 2009. Therefore, the 4 

flights that occurred during the period February 23, 2010 to February 25, 2010 were in noncompUance with AD 98-13-05. 

The ADM allows for AD compUance in terms of calendar months (as opposed to 

months) only when the AD specifically stipulates "calendar months." In this case, tiiere was 

no such stipulation; rather, the AD was clear that the inspections were required to be 

performed every 6 "months," not every 6 "calendar months." 

(2) Respondent operated the aircraft on the 4 flights in an unairworthy condition in 

violation of FAR 91.7(a). 

FAR 91.7(a) states that no person may operate a civil aircraft unless the aircraft is in 

an airworthy condition. To be airworthy, the aircraft must (a) conform to its type design 

approved under a type certificate or supplemental type certificate and to appUcable AD's; and 

(b) be m condition for safe operation. Delaware Skyways, LLC, FAA Order No. 2005-6 

(March 8, 2005), p.2. Because the aircraft was flown in non-compUance with AD 98-13-05, 

it was unairworthy, in violation of FAR 91.7(a). 

(3) Respondent performed improper maintenance on the aircraft in violation of FAR 

43.13(ay 

FAR 43.13(a) states that each person performing maintenance, alteration, or preventive 

maintenance on an aircraft shall use the methods, techniques, and practices prescribed in the 

current manufacturer's maintenance manual or histructions for Continued Airworthiness 
prepared by its manufacturer, or other methods, techniques, and practices acceptable to the 

Administrator. In this case, it is undisputed that Respondent was responsible for maintaining 

the aircraft. Maintenance included compUance with AD's. By failing to comply with the 

AD, Respondent performed maintenance unacceptable to the Administrator and was therefore 

in violation of FAR 43.13(a). 

(4) A civil penalty of $17.500 is appropriate. 

Agency sanction guidelines are set forth in the Sanction Guidance Table (SGT) of 

FAA Order 21503B. Respondent is a small business concern that does not hold a certificate 

and the violations in question are covered under 49 USC Section 46301(aX5)(A). Therefore, 

the recommended ranges of civil penalty are $550-$2,199 (minimum), $2,200-$4,399 

(moderate), and $4,400-$ 11,000 (maximum). Exhibit C-1. 

Respondent's failure to comply with the AD is covered in SGT, Fig B-3-a(l), "Failure 

to comply with airworthiness directive." Exhibit C-2. This violation calls for a moderate to 

maximum civil penalty, i.e., $2,200 - $11,000. In this case, there was at least a single noncompUance that continued for 4 flights. A sanction of at least the midpoint of the 

recommended range would be appropriate. Therefore, a civil penalty of at least $6,600 would 

be appropriate ([$2, 2200 plus $110,000] divided by 2) for this violation. 

In addition, there was a violation of "operation of unairworthy aircraft," SGT Fig B-3-

a (5) which caUs for a moderate to maximum civil penalty. Exhibit C-2. Thus, the range for 
each of the four unairworthy flights would also be $2,200 to $11,000. An appropriate amount 

for each of the 4 flights would be at least the midrange point of $6,600, for a total of $26,400. 

Thus the total appropriate sanction would be at least $33,000 ($26,400 plus $6,600). 

The civil penalty proposed by the Agency, $17,500, is certainly appropriate. 

CONCLUSION 

There is no genuine issue of material fact and the Agency is entitied to judgment in its 

favor as a matter of law. Respondent violated the FARS as alleged in the Complaint and a 

civil penalty of $17,500 is appropriate. 

RespectfiiUy submitted, 

Alfred R Johnson, Jr. 

Regional Counsel 

By: ^^^Alo ^ Date: \\j(off ^ 

ZacharyN/. Belbnan 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 
I EXHIBIT A-1 

ii 
3/15/2010 1:16:01 PM 

RGL Hom« 

Airworthiness Directive 

> Federai Register Information 

'^Header Information 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 [63 FR 33244 NO. 117 06/18/98] 

Docket No. 98-NM-25-AD; Amendment 39-10603; AD 98-13-15 

RIN 2120-AA64 

Airworthiness Directives; Dassault Model Mystere-Falcon 200, Fan Jet Falcon, 

and Mystere-Falcon 20 Series Airplanes 

PDF Copy (If Avallabla): 

"^Preamble Information 

AGENCY: Federal Aviation Administration, DOT 

ACTION: Final rule 

SUMMARY: This amendment adopts a new ainA/orthlness directive (AD), 

applicable to all Dassault Model^ Mystere-Falcon 200, Fan Jet Falcon, and 

Mystere-Falcon 20 series airplanes, that requires repetitive inspections to detect 

cracks at the attaching holes of the wing-to-fuselage firings and to ensure 

tightness of the attaching screws; and repair of any discrepancy. This amendment 

also requires installation of cupwashers under tiie vertical seams of the upper 

fairings. This amendment is prompted by issuance of mandatory continuing 

airworthiness information by a foreign civil airworthiness authority. The actions 

specified by this AD are intended to prevent loss of the wing-to-fuselage upper 

fairings during flight, which could result in the fairings impacting the engines or tail 

sections, and consequent reduced controllability of the airplane. 

DATES: Effective July 23, 1998. 

ADDRESSES: Information pertaining to this amendment may be examined at the 

Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules 

Docket, 1601 Lind Avenue, SW., Ronton, Washington. 

FOR FURTHER INFORMATION CONTACT: Nonnan B. Martenson, Manager, 

International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-2110; fax 

(425)227-1149. 

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) 

assault Model Mystere-Falcon 200,... 

D..~ - 1 - ^ •• 
•f I 

that Is applicable to all Dassault Model Mystere-Falcon 200, Fan Jet Falcon, and 

Mystere-Falcon 20 series airplanes was published in the Federai Register on 

April 20,1998 (63 FR 19427). That action proposed to require repetitive 

inspections to detect cracks at the attaching holes of the wing-to-fuselagefairingsLand-to ensure tlghtnessofthe^atfachmg screws; and repair of any discrepancy. 

That action also proposed to require installation of cupwashers under the vertical 

seams of the upper firings. 

Comments 

Interested persons have been afforded an opportunity to participate in the making 

of this amendment. No comments were submitted in response to the proposal or 

the FAA's determination of the cost to the public. 

Conclusion 

The FAA has detemnined that air safety and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

The FAA estimates that 239 airplanes of U.S. registry will be affected by this AD, 

that it will take approximately 2 work hours per airplane to accomplish the required 

actions, and that the average labor rate is $60 per work hour. Based on these 

figures, the cost impact of the AD on U.S. operators is estimated to be $28,680, or 

$120 per airplane. 

The cost impact figure discussed above is based on assumptions that no operator 

has yet accomplished any of the requirements of this AO action, and that no 

operator would accomplish those actions in the future if this AO were not adopted. 

Regulatory Impact 

The regulations adopted herein will not have substantial direct effacts on the 

States, on the relationship between the national government and the States, or on 

the distribution of power and responsibilities among the various levels of 

government. Therefore, in accordance with Executive Order 12612, it is 

determined that this final rule does not have sufficient federalism implications to 

warrant the preparation of a Federalism Assessment. 

For the reasons discussed above, I certify that this action (1) is not a "significant 

regulatory action" under Executive Order 12866; (2) is not a "significant rule" 

under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 

1979); and (3) will not have a significant economic impact positive or negative, on 

a substantial number of small entities under the criteria of the Regulatory 

Flexibility Act. A final evaluation has been prepared for this action and it is 

contained in the Rules Docket. A copy of it may be obtained from the Rules 

Docket at the location provided under the caption "ADDRESSES." 

List of Subjects in 14 CFR Part 39 

Air transportation. Aircraft, Aviation safety. Safety. 

Adoption of the Amendment 

Accordingly, pursuant to the authority delegated to me by the Administrator, the 

Federal Aviation Administration amends part 39 of the Federal Aviation 

Regulations (14 CFR part 39) as follows: 

PART 39 - AIRWORTHINESS DIRECTIVES 

sault Model Mystere-Falcon 200,... 

3/15/2010 1:16:01 PM 

r» -* " 
3/15/2010 1:16.01 ? \ 

1. The authority citation for part 39 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§39.13 [Amended] 

2. Sectiorr39^, t3 is amended by adding the following new aioA/orthiness directive: 

^Regulatory Information 

98-13-15 DASSAULT AVIATION: Amendment 39-10603. Docket 98-NM-25-AD. 

Applicability: All Model Mystere-Falcon 200, Fan Jet Falcon, and Mystere-Falcon 

20 series airplanes; certificated in any category. 

NOTE 1: This AD applies to each airplane Identified in the preceding applicability 

provision, regardless of whether it has been modified, altered, or repaired in the 

area subject to the requirements of this AO. For airplanes that have been 

modified, altered, or repaired so that the performance of the requirements of this 

AD is affected, the owner/operator must request approval for an alternative 

method of compliance in accordance with paragraph (b) of this AD. The request 

should include an assessment of the effect of the modification, alteration, or repair 

on the unsafe condition addressed by this AD; and, if the unsafe condition has not 

been eliminated, the request should include specific proposed actions to address 

it. 

Compliance: Required as indicated, unless accomplished previously. 

To prevent loss of the wing-to-fuselage upper fairings during flight which could 

result in the fairings impacting the engines or tail sections, and consequent 

reduced controllability of the airplane, accomplish the following: 

(a) Within 7 months or 330 flight hours after the effective date of tills AO, 

whichever occurs first, accomplish the requirements of paragraphs (a)(1) and (a) 

(2) of this AD in accordance with Chapter 53-50-0, dated May 1996, of Fan Jet 

Falcon Dassault Aviation Maintenance Manual Phase 34, dated June 1997 (for 

Model Fan Jet Falcon and Mystere-Falcon 20 series airplanes); or Chapter 53, 

Procedure 731-3 of Mystere-Falcon 200 Dassault Aviation Maintenance Manual, 

Revision 12, dated April 30,1996 (for Model Mystere-Falcon 200 series 

airplanes); as applicable. 

(1) Perfomn an inspection to detect cracks at the attaching holes of the wing-tofuselage fairings and to ensure tightness of tine screws. If any discrepancy is 

found, prior to further flight, repair. If a repair is not specified in the applicable 

maintenance manual, prior to further flight, repair in accordance with a method 

approved by the Manager, International Branch, ANM-116, FAA, Transport 

Airplane Oirectoratet Thereafter^ repeatthe inspections at Intervals not fa exceed 9 

months or 309 flight hours, whichever occurs first 

(2) Install cupwashers under the vertical seams of the upper fairings. 

(b) An alternative method of compliance or adjustment of the compliance time that 

provides an acceptable level of safety may be used if approved by the Manager, 

International Branch, ANM-116. Operators shall submit their requests through an 

appropriate FAA Principal Maintenance Inspector, who may add comments and 

then send it to the Manager, International Branch, ANM-116. 

)assault Model Mystere-Falcon 200,... 
. ( ^ 3/15/2010 1:16:01 PM 

NOTE 2: Information concerning the existence of approved anernative methods of 

compliance with this AD, if any, may be obtained from the International Branch, 

ANM-116. 

(c) Special flight permits may be issued In accordance with secfa'ons 21.197 and 

21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to 

operate the airplane to a location where the requirements of this AD can be 

accomplished. 

NOTE 3: The subject of this AD is addressed in French ain/vorthiness directives 

96-092-021 (B), dated April 24,1996; and 96-246-022(B), dated November 6, 

1996. 

(d) This amendment becomes effective on July 23, 1998. 

^Footer Information 

'^Comments 

FAA.gov Homm | Privacy Policy | Wab Policiaa % Notleaa | Contact Us | Halp 

Raadara & Viewars: PDF Reader | MS Word Viewer | MS PowerPoint Viewer | MS Excel Viewer | WInZip 

assault Model Mystere-Falcon 200,... P«OA d nf/i 
EXHIBIT A-2 
WEST/STJOR 

IAVIATION 

\ 

OATB; 2a-AUQ.200» 

Logbook Entry 

Falcon 20-FS sin 280 

N4S0CP 

AliWRAFT TOTAL TIMB: 95M.> 

18 Tarmlnal Driva, Eait Atton, IL 62024 

Te( 618-258^700 Fax 618-2584097 

www.waststarav<ation,com 

TOTAL LANOMOS: 984^ 

QomolMirtitiVnMlvirimiwrianlstinitmm, 

-f CjftBV tfrif tfH AJKnnmmUr mlim t nmatt wftft ftW W.^f f .• 

-Tlia Alicraffi alllmaiar syatama and ailNud* raportlng aqulpmai« ha« baan InspacM In acooid^ ^ 

appandlcaa B and P of part 43. Tha ayateM wan alio feund io IM In compllanca wtin S7C M7IH387liVf Navigaiio^ 

Mnimum (RVSM) CapalHlity. ComptaMRaduoad Vertical 3apara•anMnlmlJm^lan-OreupAlnwnNnaaa Approval In aooonl«w«\Mlhl<^ ^ 

Sya>Mna Raaaaroh. Ino Documant <W404307 datid 1S-36P-200a InaltucMona far ConHnuad AlrwortWnaaa. 

miot Air Data Computtn 

CopUot Air Data Computw: 

Stand-By AMmatH: 

pftc 24471 

p/n: 24471 

p/tK S01-ia80O41O1 

Modal NumbanN/A 

Modal Numban N/A 

Modal Number OH3100 

s/n:20e8a41k 

aAc20683-7Sk 

TaatadtoSO.0QOft 

TaatadtoSaOOOft 

Teatad to 90,000 ft 

•I CartlN that 1h» AtntmHTlniuaondar amimiim eomalVMriat PAR 91.413! 

-Ttia Alrcniffs ATC tranapondar syatana haa baan laatad and InapacAad In acoonlanca with AIM 9f.443 and found to comply wllh appanA 

TTw syatama wara alao (bund to ba hi comptanca wNh RVSM alandania. 

#1 Tranapondar p/n 08M1143-2101 

PAK 00641143-2101 

-C/W CAMP coda 340143 La^taatpNot air data computar. 

•C/W CAMP coda 340144 Fundkmat taat pitot air data oompular. 

Modal Number MST-e7A 

Modal Numban MST-a7A 

Pagafof l 

^ 

sAc1219 

sAi:1240 jnl 

fe ^ 

9 X * ^ 

3 

•>• 

V ^ 

w 

<!r . 

MAV IAVIATIO i N 

oAimj^ata^aak 

Logbook Entry 

Falcon 20-ra ti n 389 

fMMCP 

AiRCRAPT TOTAL TIMB: 9Saau9 

18 Tinninal Oriva, East Alton, IL 62024 

Tel 618-258-4700 Fax 618-25»a097 

www.west(tkraviation.com 

TOTAL LANOmOS: Uf l 

ATA 94 no t 

- a w CAMP coda 340183 Laalt taal copilot air data compular. 

-C/W CAMP cdda 340194 Functional teat oopHot air data oompuiar. 

-C/W CAMP coda 3M10S l-aak taat atandby aMmatw statto praaaurab 

-OW CAMP coda 340104 FOndtonal laat atandby atthnotor. 

•CM CAMP coda 343817 Taat «1 ATC tranapondar (01.413) 

•CM CAMP coda 342020 Taat «2 ATC tranapondar (01.413) 

-OW CAMP coda 344208 Taat pOot air data oomputar. (01.411) 

•CM CAMP coda 344211 Taat oopNot air data oomputar. (81.411) 

-CWV CAMP coda 344310 ovartMUlad «1 UNS-1F pAfi 2192-00-111102 sfti 460 by Unlvaraal Avionica Syatam Corp. CRS #UZNR4 

00R64079. 

-OW CAMP coda 344320 ovartwuiad «2 UNS-1F pAi 2192-00-111102 am 688 by Univaraal Avlonica Syatam Corp. CRS Ml^ ^ 

09Re4878. 

Rtl^rmK9 3jrdat9d20-AUQ-a00»tbrSn»anai04CHCh¥l»doin»ndUNS-1PFagMMmiualSupi)l9^^ 

"I eartuy that tlw abova work was paitannad In aceordanca tha currant 

Oaaaault Falcon 20F-S Maintananea Manual and waa datarmlnad to ba In an ainvortliy eondMon." 

/ - ^ . Partnartdataila on Ito at thlaraf^ station iniarvMAo(dar3188rr. 

Slonad: W*-* ^ (/ ^"^t ^ KavlnBall,Avlonlcaljad»WataSI«|rAv»aflon. lnc.liorCRSPAZR068HaEASA.145.S079 

Slgnad: A(L^^/IJJ^\ 

"f cartHV that tiria Aircraft haabaan inapaetad and waa 

datumlnad to I M ainMortliy witH raapaetto ttiawoifc paifonnadr: 

' dataUa on fli* at ttHa repair staOon under woritordar 316677. 

parran M. Naah. Chief Inspector for West Star Aviation, \na. for CRS PAZR06aH & EASA.14S.S079 

Pagm2ef2 
WSST/STJBR 

JAVIATION 

DATBi M.AUQ.2Q0O 

Logbook Entry 

Falcon 20-F9 s/n 289 

mwcp 

AIRCRAFT TOTAL TIMB: 9868.9 

18 Tennlnai Oriva, East Alton, IL 62024 

Tel 618-25V4700 Fax 618-2584097 

www.weststaravlatlon.com 

TOTAL LANOINOS: 9941 

-C/W Baaie, A, 2A, 2A+, and Z Inapocttana m acoordanca wHh Oaaaault Avlatlan chaplar 9-10-00 raqulramanta. 

Cnma/larf wHh tfia Mkmkia makHmiianem dum Hamm: 

ATA 66 

-C/W CAMP coda OSAOQI Baaio Impaction 

-OW CAMP coda 080010 A Inspection 

-C/W CAMP coda 08002B 2A Inspection 

-OW CAMP coda 080030 2A4-Inapactian 

•OW CAMP coda 000040 Z Inspacdon 

-OWCSAM A P coda 240206 sarMno «1 engine computer battery p/h 138687 sAi 2016 by Mead Battaiy Saivicaa Ine CRS «N6BR800Y raf. W.O. 

A001B4a. 

-OW CAMP coda 240218 sanldng «2 engine computer battaiy p/n 138687 sAi S034 by NIcad Battery San<icea Ino CRS «N0BR800Y rsT. W.O. 

A001946. 

-OW CAMP coda 240228 servicing englna standby computer battery p/h 13S687 s/n 2014 by Mead Battary Sanicea Inc CRS NN68RS0OY rar. W.O. 

A001947. 

-OW CAMP coda 260196 waigMchadc APU Freon lira axttngulsher. 3.20lba 

-OW CAMP coda 260222 weight ctiacfc baggage compartment Haton exIlnguialMr. 4.02lba 

-OW CAMP coda 260237 wsIgM chad! ooctiplt Haion fira axMnguWiar. 9.00lba 

•OW CAMP coda 280236 waigM chock cabin Halon fira axdnguiaher. S.0OnM 

ATAXr 

•CM CAMP coda 270606070611/270616 Inapaetad tel ptana actuator p/n 21-5M s/n 392 by MUooast Avtaflon. Inc CRS «R03R822L raf. w.o. 

K16018-1. 

") 

rA 

MAVi JAVIATION 

DATB:».AUQ.a009 

Logbook Entry 

Falcon 20^ 8 8/n28» 

N480CP 

AIRCRAFT TOTAL TIMB: 9966.9 

Paialars 

18 luminal Drlv% East Alton, IL 62024 

Tel 61»-25il-4700 Fax 618-2566097 

www.waststaravlatlon.com 

TOTAL LANOINOS: 9841 

•OW CAMP coda 380133 operational check pNot 02 maak livSltii' 

-OW CAMP coda 380143 oparaOonal check coplot 02 maak^ln-SItu* 

•Replacad 3nt crawmember02maskwtth new p/n 289^1-18 s/n N/A ItamAVOXSyatama; Ino Cart M3MIR-63038tME ref. w.o. 703836 

ATJai 

-OWCAMP coda 82202A/82202B LH and RH emergency extta untocking taat Motatmandlatafy 9^40/tamL 

CawiWlarfwWt<na<b«Mi*tifAAi»ortfifciaa«llirarift^aiirf3arv^ 

-OW AO f97<M646ffsv 3 Amendment 30-0080 To Prevent Poaalbia FIrsa TTwt Couto Reautt (Irom Smoking Matarlaia Being Dropped Into Lavatory 

Paper or Linen Waato Reeepladaa. Mote: iiegrt dk» f 06«6l0/tra 

-OW AO f 076-f 942 Fam O Amendment 30-2722 To Pravant PossMa Contamlnaiton of Cabin VantHadon Air With Fuel Fumea or Mtot NetK next dum 

9rii.aim 

-OW AO f996-f3-f 9 Amendment 30-10603 To Prevent Loaa of the Wkig to Fuselaga Upper FaMnga During Flight Mote: next dkM 20>ffia> 

2010fM9tk9hn 

-CM AO 200M-C4-14 Amendment 30-1S386 Operatfonal Teet and Inepecdon of LH and RH Ovenving Emergency Exite NatK nmtt d m 20-AUQ-i011 

-OW AO 2008^/447 Amendment 30-1SO97 Perform an Inspectkm tor a Red Line Marking on Each of the WIgglna Coupllnga that are Located New the 

Oa-teingVaivaa(12H1)and(12H2). > ^ ,- r y ,,.,• . 

-CM SB799Rmf1 dated 17-JUL-20(}8 lea and Rain Pretaetton-WIng AntMidttw Syatam-lnstainng Seaia wWi Htghar Tamparatura Rating NotK S/B 

pnvieu^c/w ..:; v -T-.-i;-.*"-- •• 

eamalladwfll>tfiaib/toiirfiMm/aee/fafiaoii«/tani«.s.^ , .^t , ,:,/.:' , i>. - , 

-Rapairad LH Inbd slat actuator p/n 106-74-S sM 194 by Corpair Suppli(.Q>CRS)(SE2R1i5;^rvfr w.o. 8S37S 

~^TA32 ••--• ;.;<.:•.. .:;:,u.. .,',. 

M CAMP coda 323611 removed p/n 64302-004-1 a/n 4S6 and raplaced with repaired pAn 94302-0MvV«/n 94H by Corpair Supply Co. Ine CRS 

rf8E2R158Lraf.W.0.80912. ••".:.:. ?j..n ,, -• 

-Repaired NLQ stmt aaaambly p/n A11-23680-13 s/h 8236 by Excel Avfatkxi, Inc CRS IIE3AR837J raf: w.o. 2984. 

•Replacad emergency brake RH overwing hyd. preaaura Ikia with manutacturad pM 20749>226 s/n E037 flrem Da4sauit Avlatkin Falcon Sparaa Cart 

#FR.2ia.000a ref. w.o. PJ188210. 

PayelufS 
VfSST/1 

MAV AVIATION 

C3. 

.ogbook Entry 

al«^20>P8 s/n 280 

N480CP 

18 Terminal Drive. East Alton, IL 62024 

Tel 618-258^700 Fax 618-258-8097 

www.weststoraviatlon.com 

DATB: 20-AtlO>2IKM AIRCRAFT TOTAL TIMB: 9966.9 TOTAL LANOINOS: 9641 

ATA 32 

-Replacad emergency IHjhta powsr supply battery witti new p/n /^O-4002P s/h N/L 

ATA9A 

-Reptacod MEO seal with manufactured pAi M2H221043690B1 s/n 9003 from OaasauK Avtatkin Fatoon Sparaa Cart. «FR.2ia006 caf. w.a PJ194679. 

ArA92 

-Repakad LH aft over wing taking VA/W Fatoon 20 SRM 91-30^)8. 

-Repakad RH aftovar wtog taktog l//Wf Fakxxi 20 SRM 9M0<». 

dOLifl 

-Raptacad RH horiantal slab laedbig adga skta Willi manutocluad p/kt IMnr20334^1-1 s/h O2Q0RCL843 Itam OaaaauttAvtattan Fatoon Spar^ 

«JAR 21 N P.O. 006 rat w.o. PJ1ia612. 

1 certify that the alMwa work waa peftarmed In aeooidanea the eunani 

Falcon 20^6 MM Rav 23 and waa datannlned to ba in an akworthy oondKlonb 

Partfcient dalalB on lla at thto rai ^ station under wortc enter 316677. 

Chrta BrowHi. Fatoon Sentea Lead, Waat Stv AvtaOon, ln& tar CRS PAZR068H & EASA.148.5079 

"I certify that thto Aircraft haa been Inapaeted to eccordaneo wWi eunant FAA Regulatfone, and 

AppravsQ for Rstuni to SWI M wllti rMpsct lo V M woni pMromMOr. 

t detalB on Ba at thto rapak-statfon under woric onler 316677. 

Signed:. fS)a^^AM^^fylJC^, Darren M. Naah. CMaflnapactor for Weet Star AvtaOon. Ina tarCRSPAZR068H & EASA.148.8070 

n 

Paae3of3 

•. il . 

; » V '••:• .^^>•^!TS•^».^- 'V V , 
EXHIBIT A-3 
Federal Aviation 

Administration 

AIRCRAFT CERTIFICATION SERVICE 

Airworthiness Directives Manual 

May 28, 2008 

U.S. Department of Transportation 

Federal Aviation Administration 

FAA-IR-M-8040.1B 

(FAA-AIR-M-8040.1) 

i HQ04307QX 
' 1 

May 28,2008 FAA-IR-M-WMO. IB 

SECnON 12. TEXT OF ADs 

120. SUBJECTS ADDRESSED. White th« actu&l content of each AO will vary, the following items must 

be included in the nile portion of eveiy AD: 

a. Product tdenttfication. 

b. A statement of applicability. 

c. The compliance time or period. 

d. A description of the probleiiL 

e. The corrective action required. 

121. PRODUCTIDENTIFICATION. Thetextof every AO begins widi a complete and specific 

identification of the product manufactuter to which the AD applies. This statement also includes the 

amendment and docket numbers, as indicated in die examples below. 

a. Type-certificated Products. Type-certificated products must be identified by the name of the 

current type certificate (TC) holder followed by the name of any previous TC holders that manuftctured the 

product The manufkcturei's name should be followed by the amendment number and docket number. 

Examples: 

ISRAEL AIRCRAFT INDUSTRIES (Formerly Aero Comoiaoder, North Amerlcaa 

RockwellCorpontioB)} Amendneat iB^XJOOa. Docket Now 200X-NN-XX-AIX 

RAYTHEON AIRCRAFT COMPANY CTypo CertUkato No. A24CE fbrmerly held 

by Beech Aircraft Corpontloa): Amendiiicat 3»-XXXXX; Docket No. 200X-NNXX-AD. 

b. Previous ADs a£feGted. 

(1) If an AD revises or supersedes an AD issued previously, include information to fUlly 

identify die earlier AO by including the amendment and AD numbers. Examples: 

ISRAEL AIRCRAFT INDUSTRIES (Formerly Aero Commander, North American 

Rockwell CorporatloB): Amendment 39-fliutrt ntw amtmdm»iH numberj. Docket No. 

200X-NN>XX-AD. Snperscdca AD fliiaert oUAD Humbdr/, Amendment 39-flHsert old 

amdndment number], 

ISRAEL AIRCRAFT INDUSTRIES (Formerly Aero Commander, North American 

RockweU Corporation): Amendment i9-[lnurl new amaHdment number]. Docket No. 

200X-NN-XX-AD. Revbei AO Itnaert old AD numbdr]^ Amendment 39-/bisert old 

amendment number], 

RAYTHEON AIRCRAFT COMPANY (Type Certificate No. A24CE formerly hcM 

by Beech Aircraft Corporation): Amendment Z9-Pnsert new amendment number]; 

— — 
FAA-IR-M-8040.1B May 28,2008 

Docket No. 200X-NN-XX-AD; Sopenedeo AD [InsdrfoUAiynumberh Amendment 

39-[insert old amendment number], 

(2) Note that the term "superaedo" is not acceptable aa an "amendatory language" 

instruction to the CFR. The term is acceptable within the agency for use in the preamble to an AD and in 

the body of the AD text itself. However, in the amendatory language used in the preamble to the AD, the 

correct term to be used is "removal" (see Section 11 of this Manual for a fbll explanation of amendatory 

language). 

122. APPUCABIUTY STATEMENT. 

a. Applicability. A statement must be included to identify the affected applicable model 

designations as published on the type certificate data sheet (TCDS). As indicated In paragraph 110.b.(3) of 

this Manual, this is the place for the f\ill statement, not the abbreviated one dial may have been used in the 

published document heading. Serial numbers may be added if appropriate and useflil. Examples: 

AppUcablUty: Modeb 1121, il21A, 112111,1123, and 1124serie8 afarptanes, 

certificated la any category. 

Applicability: Model 747-100 seriea airpbinest serial nnmbera 122 through 

189 Inclusive; certificated hi any category. 

Applicability: Model LTS101-600A-2 engfaies, butalkMl on but not limited to... 

b. Series. The term "series* may be used to denote similar models of a product Remember that using 

the term will make the AD applicable to fiituro-production products unless limited by product serial 

number. The term should be used with caution because it directly affects AD distribution and applicability; 

inconsistent usagt is a constant source of piroblitais. Also, unlest defined In tiie TCDS, refbrenclng aircraft 

by series leaves die AD opeti to IntOrpretatlon. The best practice is to list each model iik the TCDS that 

applies to the AD. Examples: 

(1) "Beech Model 99" Identifies a specific aircraft model. The AD will be applicable only 

to owners and operators of Beech Model 99 airplanes. 

(2) "Beech 99 Series" identifies a group of sinular models. The AD will be applicable to 

owners and operators of Beech Models 99,99A, A99A, and B99 airplanes, and will apply to all fiiture 

Beech Model 99 airplanes, regardless of additional designators. 

c. Supplemental Type-Ceitificated Products. An AD issued to correct a condition resulting from 

supplemental type certificate (STQ alteration of one or more different models of aircraft, engines, or 

propellers must identify the STC holder in the AD heading. Identify die type-certificated products that 

incorporate the STC in the applicability paragraph of die AD text Supplemental type-certificated products 

must be identified by the name of the current STC holder followed by the name(s) of previous holden of 

that STC. (An alternative is to issue a separate AD for each type-certificated product series affected by the 

STC alteration. An AD heading may identify only one aeronautical product) Examples: 

50 
May 28,2008 FAA-iR-M-«040.1B 

BERYL O'SHANNON AVIATION SFECIALTIESi INC:(Foriner9 Smith 

and Joacs Industries): Amendment 39'^IQOi. Docket No. 00-00-00. 

Applicability: Beech Model 35 series alrphinoa, Cessna Model 182 seriea 

alrpbneai and Piper Model PA-24 seriea ahrpfaiBee, certlllcated la any category, 

that hav« b«ea modified iaaccordaacawith STG No. SA2<53WE. 

AVCON INDUSTRIES, INC Ameadmeat 39-OOOOb Docket No. 00*00-00. 

AppUcablUty: Cessaa Modda 150,170,173, aad 175 seriea airphiaee and 

Plpeii Modal PA-2ft-140 alrpfamea^ oertiflcatad la aay category, thai hava been 

modified la accordaace with STC Noa» SA750CB, SA777CE» SA793CE, 

SA80<CE, or SA807CE, nsiag AVCON ladaatrica, Inc, muffler kita. 

d. Products Approved by Technical Standard Cider or Parts ManufiKturer Approval. Technical 

Standard Order (TSO) audiorizations or Parts Manufiwturer Approval (PMA) products must be identified 

by the manufacturet's name and model or part number. Example: 

LEIGH SYSTEMS: AppUea to Emergency Locator Traaamitter Leigh Systems 

Shan 7 seriea faiataUed la bat aot Umited to.. 

e. Use of Prt)duct Serial Numbers In addition to model numbers, product serial numbers may be 

used to further identify products affected by an AD. Extreme caution should be used when this procedure is 

initiated. Errors can occur during the origiiial selection of aircraft affbcted, the manner in which the serial 

numbers are listed, and in the typing of documents. The following should also be considered: 

(1) Avoid, whenever possible^ using the phrases-"serial number 1234 and up" or "all serial 

numbers" since theso phrases will render the AD applicable to ftituro production aireraft When the product 

currently is in production^ work with UM manufhcturer to determina when that production run will end or 

when a product improvement will eliminata the unsafiiconditioi^ cited (qftthoADr then state the complete 

serial number rang# Care must be exeraisedto ensure that the production nm ends aa represented by the 

manufacturer; 

(2) When citing several serial numben in sequence, e.ft„ "S/N 12340 tiirough S/N 12345," 

be certain that a true sequence existsw Ba certain dut any serial numbers excluded finm applicability are 

clearly stated. The baaio structure of dia serial numbera for a product may vary such that a reference to a 

number sequence is confUsing to the reader, e.g., "S/N 123 dirough XYZ-13S7." 

f. Certification Category and Applicability. The type and airworthiness certification categories may 

be used to identify diose aircraft affected by an AD. Examples: 

(1) The following statement incorporates all airplanes of die model listed without regard to 

the type or airworthiness certification. It also includea thosa with experimental certificates where the 

experimental certificate and associated limitations are dependent upon the product type certificate design 

for approval. When necessary, die phrase "except experimental airplanes used fbr this purpose of developing 

additional AD corrective action" may be made part of the original AD. 

AppUcablUty: Cessna Model 150 alrplaaes, certificated la any category. 

(2) The following statement incorporates all helicopters of the model I isted except diose 

that have been issued restricted type and airworthiness certificates. 

51 
FAA-IR-M-8040.1 a May 28,2008 

AppUcablUty: Sikorsky S-6t~Mrlm BeUcbpters^ certlfliaifed la any category exceptrestricted^ 

g. Military Aircraft Military aircraft that are eligible fbr certification under a civilian type 

certificate must be listed in die applicability paragraph of ADs affbcting die civil counterpart if die AD also 

applies to the military model. The term "series" may be used when die AD applies to all models. Keep in 

mind that the use of "series" may be misinterpreted. Example: 

AppUcabUity: DC-9 seriea alrpbaes, certificated la amy category, hicludfaig 

mlUtary type C9-A aad C9-B alrpbiaea. 

h. Applicability to products that have been modified, altered, or repaired. All products identified in 

the applicability statement of an AD ara subject to the AD. If a product haa been modified, altered or 

repaired in the affected area in such a way aa to affect compliance with the AD, the owner or operator is 

required to obtain approval of an alternative method of compliance (AMOC) with die AD. Note that 14 

CFR Part 39 includes diis provision. 

In some cases, it may be necessary to provide specific direction for operators diat have previously modified, 

altered, or repaired a product in areaa of the aircraft that are addressed in a specific AO. One such example 

would be an AD that addresses changes to the airworthiness limitations. In diis situation, a paragraph such 

as the following could be included as a noto in the AD: 

NOTE **: This AD rcquiree revishtaa to certala operator 

maiateaaace documents to taiclade new Inapectkma. Compliaace with 

these laspectioas la required by 14 CFR 9t.409(c). For airpbiaeo that 

have been previoaaly modified^ aitared, or repaired fas the areaa 

addressed by these laspecti6a% the operator may aot be able to 

accompHsh the laspedioaa deaeribed la the revMoasb la thhi 

sitnatloa, to comp^^witli 14CFR part 9f.4^e)( tiia operator most 

request approval fbr aa aUeraatlvo method of compliaace bs 

accordaace with paragraph (**) of thia ADi The reqaeat should Include 

a descriptfcm of chaagea to the rcqaired faupectlbaa tlut will 

ensura the continned damage tolerance of the aflfeeted structure. The 

FAA has provided guidance fbr this determlnattoa la Advisory 

Circular (AC) 2S-I529i 

When the FAA is aware that a service bulletin's effectivity is overly broad, it is desirable to limit the 

applicability of the AD to address only those products on which the unsafb condition is likely to exist or 

develop. This could be accomplished by referencing the service bulletin effectivity and adding a qualifier, 

such as: "that are equipped for carrying passengers." In other cases, it might be appropriate to cito the affected 

appliance by manufacturer and part number. In diose cases, if the particular appliance is not installed, dien an 

AMOC would not be required. 

123. COMPLIANCE TIME OR PERIOD. 

a. General. In determining compliance times for ADs, usually two types of analyses are necessary: 

9 First a compliance "threshold" must be established, based on an engineering assessment of 

when action should be taken to detect or prevent the unsafe conditioiL For example, if service experience 

indicates that fatigue cracking has been detected on airplanes with 10,000 landings, die engineer might 

determine that repetitive inspections should be initiated prior to die accumulation of 5,000 landings. For 
May 28,2008 FAA-IR-M-8040.1B 

some types of unsafe conditions, such as computer software errors or certain manufacturing defects, die 

unsafS^cdiiditioh may exist oh new products. In diese cases, die direshold would be zera 

a Second, for those products diat have already exceeded die direshold, a "grace period" must 

be established to preclude products ftora being grounded unnecessarily. In determining the appropriate 

grace period; die degree of urgency of die unsafe condition must be balanced against die amount of time 

necessary to accomplish the required actions, dw availability of necessary replacement parts* operators' 

regular maintenance schedules^ and other feeton affecting the ability of operaton to comply. In some cases 

it may be necessary to ground aircraft^ but lit most cases die grace period can be selected to avoid grounding and 

interference with normal maintenance schedulesi while still obtaining expeditious compliance. 

(1) Similarly, in selecting repetitive inspection intervals, compliance times should be chosen to 

ensure that the unsafe condition can be detected before it can become critical, but without imposing 

unnecessary burdens on operators. 

(2) Combining these factors, a typical compliance time provision might state: 

Prior to aceumuiatiag 5,000 bindings or within the next 1,000 landings after 

the efTcetlve date of thia AD, whichever ocean biter; and thereafter at Intervak 

not to exceed 2,000 laadtaigB, bttpect. 

b. Time-in-Service. 

(1) The simplest expression of compliance time is in terms of a specific number of houn of 

operation at which compliance is required for all affected products, that is, houn of time-in-service (TIS). 

Using the phrase "widiin the next [X] houn TIS" means up to and including PCJ hours. The phrase "prior 

to the accumulation of [X] houn TIS" meana up to but not including PQ houn. Examplea: 

Compliaace: Reqaircd wtthia the aest (109 homn] tfanO'taMervtce (TIS) after the 

efliectlve data of this AD. 

CompUance: Reqnfared within the next ]30$ hours] time-la-servlce (TIS) after the 

effective date of tUa AD or prior to the accnmnlatioa otfStOOi houn] TIS, whichever 

ocean pater], 

(2) When the compliance times relate to houn of time-in-service and are complex, the 

statement "compliance is required as indicated* should be used and the actual compliance times given in the 

body of the AD. Avoid stating compliance times that create overlapping requiremente. Example that avoids 

overlap: 

Prior to the accumulatton ot [3,000] hours tlme-ln-servlce (TIS) or within the 

next [300] houn TIS after the eflbetlve date of thia AO, whichever occun later, 

Inspect fa accordance with paragraph ("J^ of thia AD. 

c. Calendar Times and DatcK^ 

to express «Ditiplfibsi*tiilde6iwheitflrdiH)elmlttitijaahiti>bett^^ (including, 

corrosion) cairbeestablishedraiiraireiafVruti]lzatfiMndavarie*gin»t^ 

support considerations (parte availability, repair fecility availability) dictetethatoompliance be* 

53 
FAA-IR-M-8040.1B May 28,2008 

done on an attrition basia wit& acatendan deadltn* established to minimiz» impact on operatora(thati is^'-

avoid unnecessary grounding of aircraft)! 

(2.)i. Whoracomplianca timeaacttspeqifled aa a period of tim« aftes theeffective datei, dio:, 

time is meuuiede ftoni th« effedtivo datst Fof examples iCthf Gomplianceitiin6Ki8»,"witfaiik 1^ montiia after die;. 

effiBctivadataffanddia^efAN^vadatvip Jaiiuai]r.i5kl99h di#deadUint^tcomp|iaiicai^Januai]^)5,^1999;.. 

WheracompLUanctttiineaafiFspeeifradaa&iiuinbetofcalefulatiirandiiaafte 

meaauc6dflr6inth*end(ofd)wmQntbdufing|iSiyhijcIlkdittADbe(M 

compliance tima i4^t&{i»|!l.9aleqda|iQMiiit^ andth* efftctiya m ^ fii) Jai^uacy. 15y> 

199 h the deadline for compliance is January 3 Y, 1992; 

certain time. 

(3) Do not use calendar time just because it ensures that the AD is complied with at a 

(4) Calendar dates (e.g., "before January 1,1993") should be used to express compliance 

times only when engineering analysis establishes a direct relationship between the date and either die 

compliance "threshold" or the "grace period." In most cases, diis relationship does not exist 

Compliance thresholds are usually a fbnction of utilization, which is unrelated to calendar dates. Grace 

periods are a function of the amount of time necessary after the effective date to accomplish the required 

actions. During the period of time that an AD is developed, effbctive dates cannot usually be determined 

with any precision, especially at the NPRM stage. Therefore, citing a calendar date is not usually an 

appropriate method of specifying a grace period. 

(5) In some cases, however, a direct analytical relationship can be esteblished and it is 

appropriate to use calendar dates^ In these cases, the relationship should be explained briefiy in the 

preamble. The mere fact that a manufacturer's service document or an international civil aviation authority's 

AD referencea a calendar date doea not provide a Justification f(» the use of a calendar date in a U.S. AD. 

d. Number of Landings. 

(1) The number of landings may be used to express compliance time if the problem is 

related to landing cycles such as in landing gear, flaps, or fatigue aggravated by landfaig, or if die problem is 

related to pressurization, such as fktigue cracking. &cample: 

CompUance: Requbred prior to the accumnbition ot[100 landinga] after the 

effective date of thia AIX 

(2) For operaton that do not keep landing records, use one of die following statements: 

Subject to acceptaace by [approfrtata FAA ofptitUlt operaton that do not have 

landing recorda may determiiM tfie number of famdlnp \xf dividing the number of houn 

of time-in-servlce of each airphine by the time of the avenge flight for the aircraft of that 

type la the operator's fleet OR 

The compliaace times of this AD ara preseated la bladings. If yon do not keep a 

record of tha total number of bindinga* thcai yea may mnltiply the total nnmber of 

abrcraft houn tlm»-taMcrviee (TIS) by (whatever maitlpUer is appropriate for the 

affected aircraft 

54 
May 28,2008 FAA-IR.M-8040.»B 

Or EngineCyclesr- — 

(1) For ADs affecting turbine engines, the compliance time may be expressed in cycles. The 

use of engine cycles in an AO compliance requirement shall be in accordance with die standard cycle 

definition and cycle counting mediodology specified in die approved service document for die applicable 

engine model. For the purposes of an AO, when the cycle definition or counting methodology differa from 

that prescribed in the applicable approved service documents, the cycle definition or the cycle counting 

methodology shall be included in the body of the ADi 

(2) In no case may die engine cycle compliance requirement prescribed in the AD cause or 

allow an approved cyclio retirement life (aa specified indie applicable approved service document) to be 

exceeded. 

f. Componente. 

(1) If compliance times relate to the houn time-in-service of a component the following 

statement may be used: 

Prior to the accumulathia at [1,000] hoa n tlm*4a-service oa [torque links, 

P/N 13579], or withla [tOO] boon tfasie4a-servica after the effective date of 

this AD, whichever ocean hiter.. 

(2) When diis type of statement ia used^ a statement such aa the following may be used, if 

appropriate, at the end of the AD to provide for components with unknown numben of houn time-inservice: 

Operaton that d»not have recorda of hoan of tima^ia^ervice oa bidlvidiMl 

[torque llnba] shaU subatltuto abrpbiao hoan tlmo>iB-servlce la Ilea thereat 

g. InspeGtionandRepalri,Whenareqaired'inspeettonm8yresultinaraquiredrepairor 

replacement the AD must clearly stete the compliance time for both the inspection and the repair or 

replacement 

(1) Example of an inspection compliance time: 

Within tha next [100] houn tfane-bi-aerviee after the effective data of this AD, 

visually taispect the [tntemul structure at Wing Station 12] fbr [cracks] using 

[dye penetrant andu glaaa of at least 10 power] la accordaace with tlie procedun 

specified iai/parogra!pilr(a> ofVeguSMvleeBulletlmNOk 25, dated November 29,1988], 

(2) Example of repair or replacement that must be done at the time of inspection: 

If a crack ia found, repafar [before fkrtherjttgki] fas accordaace with [paragrapk 

(b) of Vega Service Bulletin No. 25, dated Noven^er 9,1988], 

(3) Example of repair or replacement that has a compliance time that is different firom the 

inspection compliance time: 

If a cnck la found, repair [witMm the next 50 houn dma4n^erviee after tha 

inspection required bf'poragnvh (a) of this AD] ia accordaace witk/jporafn^rik (b) 

of Vega Service Bulletin No, 25, dated November 29,1988], 

55 
FAA-IR-M-804a IB May 28,2008 

h. Interim Action. In the event an interim action is required before accomplishment of a repair or 

replacement (such as the instellation of an operating limitetions placard), statements such as the following 

may be used: 

Within the naxt [10] houn Hme-la-servlce after the eflbetlve date of this AD, 

Install a ptacanL.. 

Withla the next [500] houn ttme-ln-servlce after the eflbetlve data of thia AD, 

modify [the wing panel] la accordaace wlth.^ 

The modlflcattoa reqalred by paragraph ^J^ of thto AD la coasldercd termhiating 

actloa for the placard reqnirament of paragraph (a), Whea the modlflcattoa to 

incorporated, the ptacard may be ramoved. 

i. Repetitive Compliance Time. 

(1) When an initial inspection is followed by repetitive inspections at periodic intervals, 

the following statement may be used, but it should be included in the instruction itself, not as a separate 

compliance paragraph: 

Withla the next [25 hours] thne-bi-servtce (TIS) after the eflbetlve data of thto AD, 

unless abready done within the tost [75 hours] TIS, and thereafter at taitervato not to 

exceed [100 hours] TIS fhim the tost Inspectloa, hupect.. 

(2) The phrase "unless already done within the last 73 houn time-in-service" accounts for 

an operator that has made an inspection before, the effbctive date of thto AD. If the compliance time for the 

initial inspection is the same as that for the repetitive intervals, the following statement may be used: 

Compliaace: Required withla the next [25 hours] tlme-la-servlce (TIS) after the eflkctive 

data of thto AD^ and thereafter at tatarvato aot ta exceed [25 hours] TIS fIrom 

the tost faispecttoa. 

(3) Again, the complexity of the statement will determine whether it is best issued as part 

of the compliance requirement or as part of the inspection instruction. 

j . Credit fbr Maintenance Done. 

(1) Whenever possible, allow credit for maintenance already done; If die AD requires a 

one-time inspection, modification; replacement etc, a statemem such aa die following may be used: 

Compliance: Required wlthta the next [100] houn tlme-la-servlce after the effective 

data of thto AD, nnlese done prevtoosly. 

(2) Credit for previously done maintenance may also be limited if warranted by the 

circumstances of the unsafe condition, i.e., if a recem inspection would suffice, but not an inspection done one 

year ago. Example: 

CompUance: Required withla tha aezt [100] hoan tfane-l»«ervlce (TIS) after the 

effective date of thto AD, naiess already doae witUa the tost [50] hoan TIS. 

IS" 
May 28,2008 FAA-IR-Mr8040.IB 

kr Compliance BeforrPurdierFligbrand Special Flight Permits. 

(I) When compliance with an AD is required before ftirther flight (or if the compliance 

time is so short that fluther flight is not practical), and die aircraft may be flown safely to a location where 

the requirements of the AO can be done, include a provision for the issuance of a special flight permit 

Example: 

...before ftirther flight, except that a special flight permit may be issaed bi 

accordance with 14 CFR 21.197 aad 14 CFR 21.199 to operata the [airplane] 

to a locattoa when the [lnspeetlon/r^aii/modl]leation] may be perfbrmed. 

Or it may be issued as a separate designated paragraph: 

Spectol flight permita may be issaed la accordaace with 14 CFR 21.197 and 

14 CFR 21.199 to operata aa alrptoae to a locattoa when the reqntoemcate of 

thto AD caa be doaoL 

(2) If the product to which an AD appliea to not an aircraft (e.g., an engine, propeller, or 

appliance), and the aircraft itself may be operated safety with die product inoperable, a special flight permit 

may be issued with die limitation diat the specific (voduct not be operated during die ferry flight Any 

limitations must be addressed in the AD itself, 14 CFR part 39 only accounte for special flight permite 

without limitations. 

(3) It may be necessary to specify limitations in the AD to be observed during operations 

conducted under a special flight permit such aa: 

...rapalr befbra fhrther fUghti except that a spectol flight permit may be issued 

in accordaace with 14 CFR 21.197 aad 14 CFR 2L199 to operate the [airplane] 

to a locatloa hi order to comftly with tha reqalnmeate of thto AO^ if that-

[thaairpltmabiftOwmunpresSurlfedii 

This limitation must be addressed in the AD itself, 14 CFR part 39 only accounts for special flight permits 

without limitations. 

(4> In all cases, however, the "special flight permit" statement in an AD is oat intended to 

override the authority given to die cognizant FAA Princi|Ml Inspector under 14 CFR 21.197 to issue flight 

permits. The cognizant Aircraft Certification Offlce and the Principal Inspector should woric together to 

determine in individual situations as to whether restrictions should be put upon the aircraft when applying 

the special flight permit 

I. Compliance Times that Coincide with Scheduled Maintenance. 

(1) Compliance times should be selected to coincide with scheduled maintenance whenever the 

unsafe condition is not so urgent that a shorter compliance time is necessary. However, compliance times should 

not be based on indefinite or nonspecifio intervals, such as "at the next 'C check." Since 

maintenance schedules vary fiom operator to operator, there can be no assurance that the action will be 

done within the time frame for safe operation of the aircraft 

(2) It is permissible to specify compliance times in terms of maintenance intervals in 

conjunction with a specific operating time or calendar time requirement For example: 

57 
FAA-IR-M-8040.t B May 28,2008 

Compltonce: Required at the next sho|ivtolt^ but no toterthaa-Ztf^ dldtys/after the efliective 

date of thto AO. 

(3) When specifying compliance timea to coincide widi lOO-hour inspections for 14 CFR 

part 91 operaton, take into account die provisions of 14 CFR 91.409(b), which allows die lOO-hour 

inspection to be exceeded by up to 10 houn while enroute to reach a place where the inspection can be 

done. 

m. Adjustmente in Compliance Requirements. To provide flexibility in administering ADs that 

require repetitive inspections, a statement may be included in the AD to permit reasonable adjustments in 

the intervals specified to coincide with an operator's established inspection period. Initial compliance times can 

also be adjusted; however, diis should not be permitted where the compUance time is short In either 

event substantiating date must be submitted to the FAA offlce specified in the AD. See paragraph 126 of 

this Section for die statement to be included in ADs to allow for such adjustments. If language allowing die 

adjustment of compliance times is not included in the AD, fonnal exemption procedures (petition for 

exemption) must be followed to gain such relief (see 14 CFR part II). 

124. DESCRIPTION OF PROBLEM. Every AD should contain an objective description of die difflculty 

experienced. This description is inserted before the statement describing the corrective action. The 

description should be a concise statement and tasy be drawn fhim the preamble description of the unsafe 

condition prompting the AD. Example: 

To prevent [thefaUure of tha horizonted atabilizer caused by frayed cables], 

which could result in [reduced controllability of the abrpUma], accomplish 

the following: 

125. CORRECTIVE AND TERMINATING ACTION^ Every AD should contain a clear and concise 

statement of corrective measures or limitations required; including the method of accomplishment Every 

effort should be made to provide conective'action diat wiU terminate the need for repetitive inspections or 

special operating procedures. The FAA has determined that long-term continued operational safety will be 

better assured by design changes that remove the source of the problem, rather than by repetitive 

inspections or other special procedures. 

a. Areas or Parts to be Inspected. Where inspections are required, die area of the aircraft or the specific 

parts to be inspected must be defined and, if appropriate, the AD must state whether it to necessary 

to disassemble, remove bohs, ete., to accompli^ the insjiectioa Example: 

Perform an uhrasonic inspectionr of the MLQ side brace lower arm.... 

b. Inspection Methods. The inspection method must be defined, i.e., dye-penetrant x-ray, ete., and 

provisions must be made for an FAA-approved equivalent method, if acceptable. If specific procedures for 

accomplishment of the required action are contained in a service bulletin or document the AD should refer 

to that bulletin or document for diose procedures. It to not sufflcient to refbr to a service bulletin alone (i.e., "Do 

the service bulletin."); however, if required procedures ara lengthy or complex, it is acceptable to refer 

to the portion of the service bulletin where the procedures can be found; rather than repeating the 

procedures in the text of the AD (i.e., "Accomplish the x-ray inspection to detect cracking in Body Station 

XYZ in accordance with the Accomplishment Instructions of the service bulletin.") 

c. Replacement Parts. Except in die circumstances where an immediate grounding is required, the 

availability of replacement parts should be considered and the parts identified by part number. State which 

parts are acceptable equivalents, if any. 

— -
May 2S, 2008 FAA-IR-M-804aiB 

d: Other Information; 

(1) If the text of an AD contains a requirement to comply with a service bulletin, die service 

bulletin must be contained in the AD text, attached as an appendix, or incorporated by reference (See Section 

13 of this Manual). 

(2) Notes used in die text of an AD must be limited to information and service bulletin citations 

not required by the AO itself but diat may be helpfbl to die operator in complying with die AD. 

(3) An informational refbrenee to a service bulletin does not constitote a regulatory 

requirement or an incorporation by reference. 

126. ALTERNATIVE METHODS OF COMPLIANCE. 

a. General. Since more than one method of compliance may be acceptable to correct a particular 

difficulty, 14 CFR part 39 provides an alternative method of compliance provision for each AD unless the 

specific AD includes a statement diat contradicts this. This is true even though the alternative may not be known 

at the time the AD is issued. Provision of an alternative method to desirable ftom the operator's point 

of view and eliminatea the need fbr constant revision of ADs. when equivalent metiwda ara developed. If die AD 

includes a statement that alternative methods of compliance cannot be approved, dien die AD must be revised 

before compliance by any other method can be approved. 

b. Service Bulletins. If a service bulletin haa been incorporated by reference into an AD, use of the term 

"or later FAA-approved revision" with reference to the service bulletin violates OFR regulations and is 

not acceptable because it haa not been approved as an incorporated document 

(1) Later revisions of a service bulletin referenced in an AD may be approved as an alternative 

method of compliance using the following procedure: 

(a) The manufiletnrer must fiwmally request approval off the service bulletfai revision aa an 

alternative method of compliance and submit it for FAA approval. If the FAA agrees, a formal approval 

letter to sent to die manufacturer. 

(b) The manufecturer may then place the following statement (or an equivalent) in the 

"Approval" section of die service bulletin: 

Revtolo» zxxx to thto service bnlletia. to appjrovcd by the ffianageri Englna 

CertifkatiomOgffeagANSmUOtlbflatlaat dated TSTK xa, xxsx, aa aa alternative 

method of compUaace with AO xxrxx-xx, paragraph xzx." 

(c) Any service bulletin containbig thto statement to considered an approved alternative 

method of compliance, and requeste for approval ftom faidividual operaton are not required. 

c. Even when a manufacturer's service bulletin is incorporated by reference, die following 

statement or an equivalent concerning alternative methods of compUance should be used in each AD: 

An alteraative method of compUaace or adlostmeat of tha/AiAfa// compltoace time that 

providea aa acceptabto level of safety nuy be used if approved by the Manager, [name of 

appropriate ACO], Operaton shaU submit their requeste through aa appropriate FAA 

Principal [choose one of the following: Maintenance/Avionics/ Opemtions] Inspector, who 

may add commente aad then send it to the Manager, [noma of appropriate ACO], 

59 
FAA-IR-M-8040.1B May 28,2008 

d. When the submitting party is not an operator that has cognizant inspection penonnel [i.e., na 

Principal Maintenance Inspector (PMl)], die request will be submitted directly to die appropriate ACO. It is 

the responsibility of ACO personnel to coordinate the request for such alternative method with die Aircraft 

Evaluation Group (AEG). 

e. The following note should also be included after the paragraph concerning application for an 

alternative method of compliance: 

NOTE: Inftarmatton concerntag the extotence of approved altaraative methods 

of compltonce with thto AD, If any, nuy be obtafaicd flrom [noma ofappropriata 

ACO], 

This note may assist operaton wishing to take advantage of an alternative method of compliance that has 

already been approved by the FAA. An ACO Manager is expected to provide only the identity of any 

organization or person who haa received approval for an alternative method. No ACO Manager should 

provide any material diat may be considered proprietary by the approval holder. 

f. For proposed ADs that are to be issued as revisions or supersedures of extoting ADs (see par. 

32-34), questions fluently arise as to the continued validity of previously approved alternative 

methods of compliance. In most cases, previously approved methods will continue to be valid for revisions 

(i.e., new ADs that would not impose any additional burden on the operator). For supersedures, the 

continued validity of previously approved methoda must be evaluated on a case-by-case basis. 

(1) For example, if the existing AD requires a repetitive inspection; an operator obtained approval 

to perform a different type of inspection; and the supersedfaig AD would continue to require the same 

inspections until a required terminating modification is done, the alteraative inspection method may continue 

to be valid until the modification is done. 

(2) On the other hand, if the supeneding AD to issued to expand the area required to be 

inspected, the alternative inspection method would not be valid unleaa it already covered the expanded area. 

(3) In all proposed revision and supersedure ADs, it is helpfbl to operators, and may eliminate 

unnecessary applications for approvals, to include provision in the alternative method paragraph that 

explahis the status of alternative methoda approved under the existing AD. The following ara examples of 

this type of provision: 

Alternative methods of compUaacat approved ia accordance with AO 

XX-XX>XX, are approved aa alteraative methoda of compUaace with 

thto AD. 

Altaraative methoda of compUaace^ approved la accordance with AD 

XX-XX-XX, ara approved aa altaraative methods of compUaace with 

paragraph (**) of thto AD. 

Alteraative methoda of compUaace, approved la accordance with AD 

XX-XX-XX, ara not consklered to be approved as alteraative 

methoda of compUance with thto ASk 

-w 
May 28,2008 FAA-IR-M-8040.1 B 

117^ AUTHORIZATIONTO PERFORM WORK REQUIRED BITAD& 

a. The persons audiorized to perftirm die work required in an AD should not be prescribed by die AD 

as long as the actions are to be accomplished by persons prescribed in 14 CFR 43.3. However, when 

compliance is allowed by persons other dian diose prescribed in diat section, a statement such as die 

following must be included to ensure a maintenance record entry is made: 

The actloas required by paragraph (**) of thto AD may be performed by 

the owner/operator hohlfaig at leaat a private pilot certificate^ aad mast 

be catered faito the afarcraft recorda showtaf compllaaca with thto AD ia 

accordance with 14 CFR 43.9 aad 14 CFR 91.417(aK2XvX 

b. ADs should not authorize the pilot to conduct odier than routine checks and specify that if a 

defect is found, any flirther action must be taken only by an authorized person. Pilots should not be 

authorized to do any task that requires the expertise of a mechanic, such as the use of unconunon tools, test 

instrumente or technical procedures that require training. In addition, if a required check requires 

maintenance knowledge to interpret what to observed^ diat check becomes maintenance and must be performed 

by a person certificated to perform such maintemnce; If there ara any questions concerning thto policy, contact 

General Aviation and Commercial Branch, AFS-340; 

128. REPORTING REQUIREMENTS. 

a. For those ADs for which it to necessary to know the resulte of an inspection in order to 

determine whether additional action by the FAA is required, include a statement requiring that the resulte of 

the findings be reported to the controlling, FAA offlce, In some instances, collection of inspection result 

data may be the only means by which the FAA can effect quality control on a manufecturer or repair 

station. When an unsafe condition addressed by an AD appean to be attributable to a manufittturer's quality 

control (QC) problem, a reporting requiiement to instnmiental in ensuring that the FAA is able to gather as 

much infiirmatiott as possible as totfae natura and extent of the QG pnblen. Thto information may not bo; 

available through odier established meana* In such a case^ reporting to essential to ensura that the proper 

corrective action is implemented. 

b. Approval of this information collection reporting procedure has been obtained finm the Offlce 

of Management and Budget as required by die Paperwork Reduction Act of 1980 (44 USC 3501 jgtasfl*)« The 

reporting requiremente should be specific as to tha infbnnation required and must include the address 

to which information is to be sent Example: 

Report dafbcte fbuad to 1il»Mmuagin[approprtata Aircraft Certiflartien Office 

and adtbtss] withta [10] daya of the taspecttoa, or witUa [10] days after the 

eflbetlve data of thto AO» whidMwer ocean totes; ReportlBg requiremente have 

been approved by the OIBee of Maaagemeat and Budget and assigned OJMB 

control nnmber 212041050. 

c. For reporting requirements in ADs that contain repetitive inspection requiremente or other 

continuing requirements, the reporting requirement should be limited to the initial inspection findings unless 

later reporte are determined to be necessary. If later reporte are necessary and required in die AD, once the 

ACO has accumulated sufficient information, the ACO should propose a revision to the AO to delete the 

paragraph containing the reporting requiremente. 

61 
FAA-IR-M-8040.IB May 28,2008 

129. REFERENCED MATERIAL. IfaserVicedocumentirrefbrencedintheinstruetionaof an^AD,the 

OFR must approve die document for such reference. Section 13 of diis Manual explains the approval 

process and the pertinent text that must be included in the AD relevant to this subject 

130. EFFECTIVE DATE. 

a. General. The date on which an AD will become effective can be established before the AD is 

submitted for publication. 

(1) However, if a specific calendar date cannot be chosen because of intervening time lags 

(such as waiting for approval for incorporation documente), a method of calculating the effective date 

should be chosen. In diese cases, die following statement may be typed (in brackete) into the space left for the 

effective date. 

[Insert date 30 days after date of pubUcattoa la the Federal P*^i«it«r.^ 

(2) Do not use statemente such as '*Thto ameadmeat becomes effective upon pubUcattoa la 

the WiMinrai ttaoiater** or "Thto ameadmeat becomes eflbetlve 10 days after pubUcattoa ia the £ci|8ai 

Bcgjgtgjb" because unless someone is reading a copy of the Federal Register, there would be no way to 

calculate the date. 

(3) Note that an AD may be made effective upon publication, but the correct way to do so is to 

enter the following bracketed statement in the space for the effective date: 

[Insert date of pubUcattoa la tiio fferfor.! nmatatmrA 

b. Choosing a Date. The issuing offlce must choose a proposed effective date (or method of 

calculation) before the document Is submitted fbr publicationi The proposed date may change if intervening 

facton delay the publication of the document; but every eflbit should be made to choose a viable date. The 

following ftKton should be considered when choosbig an effective date: 

(1) By what means will the AD be sent to the dtotribution point (mail or fax) and how long will 

it take to get there? 

(2) Is there an incorporation by reference that will require approval by the OFR? 

(3) Is there sufflcient time between the proposed publication and effective dates to allow for 

printing and distribution to ownen and operatns, including those in remote areaa, through AIR-140? 

(4) Are diere holid^s or a weekend involved that will affect the publication of the document 

and its distribution by mail? 

(5) Does the effective date allow time for obtaining copies of referenced documente? Will die 

parts be available? 

(6) Does the effective date allow sufflcient time for operaton to schedule their aircraft for 

maintenance without disrupting flight schedules? 

(7) Does the effective date statement give credit for work that may have already been 

performed under an Emergency AD? 

62 
May 28.2008 FAA-IR.M-8040. IB 

c. Notice to the publicr 

(1) Section 553(d) of die APA requires that niies be made effective no fewer than 30 days after 

publication in the Federai Register. If less dian 30 days notice is given, die requiremente of Section 5S3(d) 

must be met by making die appropriate findings and statemente. See Section 1 of diis Manual for a detailed 

explanation of this APA requirement 

(2) Remember that a document will not normally be published until diree business days 

AFTER it reaches die OFR and is found to be acceptable. For example, if an effective date of April Hs set and 

the document reaches die OFR on March 1,30 days notice will not have been given by the time it publishes on 

March 4. Provide extra time to account for mailing, possible late delivery, arrival at die OFR 

after 3 p.m., weekends, holidays, die three-day processing time, five days for congressional review, and any 

extra time necessary for the IBR approval process. 

d. Placement in Final Rules. The effective date should be placed as die last designated paragraph of 

text in an AD befbre the issuing statement Examples: 

(x) Thto ameadmeat becomes eflbetlve oa [date], 

(x) Thto ameadmeat becomes efllectivo oa [date] to aU penoas except those to 

whom it was made Immedtately effective by Emergency AD ]lnsertAD number] 

issued [date], which contataed the requiremente of tlito amendment 

The second example, above, can only be used when there has been no change to the document between ite 

issuance as an Emergency AD and final publication. If changes have been made and thto statement is used, dien 

the recipiente of the Emergency AD are legally released fh>m compliance with the final rule, including 

any additional or changed provisions. 

e. Placement in Emergency ADs. ADs issued as Emergency ADs sra made effective upon receipt 

131. SIGNATURE BLOCK. The last Item on the last page of the AD Is the signature block. It consists 

of two parts, both ofwkick must be eonq^Uta before tke document has been legally Issued: 

a. Issuing statement Insert die city and stete where die signing official to located and the date the 

document was issued: 

Issued ia [cUy/state], oa [date], 

b. Signature of Issuing Official Airworthiness Directives must be signed by the Directorate 

Manager or acting Directorate Manager of the issuing offlce. No one may sign an AD "for" the Directorate 

manager. The OFR requires that the typed name and titie of the signer appear below the signature. Signen 

should use blue or other non-black ink to eliminate the possibility that the original document would be 

confused with photocopies. 

132.-139.RKSERYEPp 

63 
EXHIBIT A-4 
& 

WIS 

Richmond Flight Standards District OfBce^ 

U.S. Department 5707 Huntsman Road, Suite 100 

of Transportation Richmond Int'l Airport, VA 23250-2415 

Federal Aviation 

Administration 

March 9,2010 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

FILE NUMBER: 2010EA210014 

Mr. Billy Aimfield 

Carolma Blue Air LLC 

300 N. Greene Street. Ste. 2190 

Greensboro, NC 27401 

Dear Mr. Aimfield: 

On February 23rd and 25^, 2010, Carolina Blue Air LLC operated, or caused to operate, 

N450CP, a Dassault Falcon Aixcraft, Model F20-F5, Serial Number 289 in possible 

violation of the Federal Regulations. On March 1,2010 while performing routine 

surveillance at MiUion Air Richmond, I requested to look at the aircraft records for 

N450CT, which was having maintenance performed at this locatioa After reviewing the 

Airworthiness Directive 1998-13-15 due date ftom previous logboolc entries to the time it 

was next due was Fefaruaiy 20,2010. It appears that this AD was overflown by six days 

and the aircraft waa not inducted into maintenance until February 26,2010. The above 

actions may be contrary to the Federal Aviation Regulations. 

This is to inform you that the FAA is investigating this matter. We wish to offer you an 

opportunity to discuss these findings in person or submit a written statement witMa 10 

days following the receipt of this letter. Your statement should contain all pertinent facts 

and any mitigating circumstances you believe may have a bearing on this investigation. 

If we do not hear ftom you within the specified time, we will process this matter without 

the benefit of your statement 

Sincerely, 

Original Signed By 

James E. Rhoads 

Aviation Safety Inspector 

OFFICIAL FILE COPY 

G:\Documents\EIR\2010\2010EA210014 JER N450CP\LOI newone.doc 
EXHIBIT A-5 
SPOTSWOO D CAPITAL , ULIC 

March 22,2010 

Mr. James E. Rhoads 

Richmond Flight Standards District Office 

5707 Huntsman Road, Suite 100 

Richmond International Airport, VA 23250-2415 

Dear Mr. Rhoads, 

This letter is in response to your letter of March 9,2010, regarding file number 

2010EA210014. In your letter, you stated the Airworthiness Directive 1998-13-15 might 

have been overflown by six days. 

The text of the airworthiness directive mandates the repetitive inspections of the wing-toHiselage fairings screw tightness is at six-month or three himdred flight hours, whichever 

occurs first. I rely on Million Air Richmond to maintain the aircraft records and its 

associated maintenance scheduling, as well as the pertbnnance of certain maintenance 

functions. I am advised by them that in lieu of specific language in the text of the 

airworthiness to the effect of one hundred and eighty days or six consecutive months that 

the intention of the recurrent inspection period ^aa expressed in calendar months. This 

would be consistent with every otiier calendar inspection period on the aircraft that is due 

in "months". Given that understanding, the inspection was accomplished and recorded 

within the prescribed interval. 

Thank you for the opportimity to respond and participate in your investigation. I hope 

this will help resolve this matter. 

Sincerely, 

\yilliam J. Armfie 

Managing Partner 

CaroUna Blue Air, tt C 

PHONSi 

000 NoRTTif GREENE STREET, Sum 2190 

00e.378.97OG • FAX: 006.378.0067 

GREENSBORO, NC 27401 

E-MAIL: wjaiv@spotswood-llc.coin 
EXHIBIT B 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFHCE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Carolina Blue Air, LLC 

FAA Docket No.2010EA210014 

DOT Docket Number (not assigned ) 

Judge (not assigned) 

COMPLAINANTS FIRST SET OF INTERROGATORIES 

AND REQUEST FOR PRODUCTION OF DOCUMENTS AND REOUESTS FOR 

ADMISSIONS 

Pursuant to 14 C.F.R. 13.220 and Rules 33 and 34 of the Federal Rules of CivU 

Procedure, Complainant requests that die Respondent provide the following discoveiy within 

thirty (30) days. 

It is requested that the Respondent answer the following interrogatories and produce 

the documents hereinafter described. This request shall be deemed to be continuing to the 

« 

extent permitted by Rule 26(e) of the Federal Rules of Civil Procedure so as to require you to 

file supplemental responses. This request is intended to cover all documents in the 

Respondent's possession or subject to Respondent's custo(fy and control and includes 

documents in the possession of each individual who acts, or has acted at relevant times, as an 

employee, agent or representative of Respondent 
It is also requested that Respondents respond to the Requests for Admissions below 

within 30 days, as per 14 CFR Section 13.220(1). 

DEFINITIONS 

A. When knowledge or information m possession of a party is requested, such request 

includes knowledge of the party's agents, representatives and, unless privileged, the party's 

attorneys. 

B. The pronoun "you" and "yours" refers to the party to whom these interrogatories 

are addressed. 

C. Unless otherwise indicated, these interrogatories refer to the time, place and 

circumstances of the occurrences mentioned or complained of in the pleadings. 

D. When used with respect to an individual, corporate, business or govenmiental 

entity, "identify" means state die name and present business or residence addresses of the 

individuals or entities and the employer, governmental or business affiliation and position of 

the individual. 

E. The terms "document" and "statement" mean without limitation, the following 

items, whether printed or recorded or reproduced by any other mechanical process or written 

or produced by hand: agreements, communications, correspondence, telegrams, memoranda, 

summaries or records of telephone conversations, summaries or records of personal 

conversations or interviews, diaries, reports, notebooks, note charts, plans, drawii^, sketehes, 

maps, summaries or reports of investigations, opinions or reports of consultants, photographs. 
motion picture films, tape recordings, computerized data, brochures, pamphlets, 

advertisements, circulars, press releases, drafts, tetters, any marginal comments appearing on 

any document, and all other writings, including electronic writings. 

F. When used with respect to a document, "identify" means fimiish the document 

itselC or in lieu thereof the name and date of the doctmient, the name and address of die 

person or persons originating the document, die name and address, if any, of the person or 

persons to whom the document is addressed, the names and addresses of all persons to whom 

copies of the docmnents were or have been sent, and the oiganization, firm or agency widi 

which all such persons were connected as of the date of the document, and if not in 

possession of the original or a copy, fiimish the name and address of the custodian of the 

original or a copy, or fimiish die name and address of a person whom you believe is in 

possession of die original or a copy of such document 

G. "Oral communication" means any oral exchange with words. 

H. When used with respect to an oral communication, "identify" means state the date 

and place where such oral conmiunication was made, the names of all individuals who 

participated in the communication, and their positions, employers, and employers' addresses, 

the names of all individuals who were present at the time the communication was made and 

their business affiliations and positions, the nature and substance of the communication, the 

nature and substance of each document recording or pertainii^ to such oral communication, 

and die name and present address of die present custodian of each such document 
I. For all interrogatories to which the responding individual has an objection, state die 

factual and legal basis for the claimed privilege, or any other authority which provides the 

claimed basis for the objection, 

J. All dociments requested as to which the responding individual claims privilege or 

any other objection as a ground for non-production shall be identified chronologically as 

follows: 

(a) date, 

(b) title, 

(c) type of document (e.g. memorandum, report, chart, etc.), 

(d) subject matter (without revealing the information as to which privilege or 

statutoiy audiority is claimed). 

(e) factual and legal basis for the claimed privilege, or any other audiority which 

provides die claimed ground for non-productivity. 
INTERROGATORIES AND REOUESTS FOR PRODUCTION OF DOCUMENTS 

1. Identify the names, tides, business or home addresses and telephone numbers of 

each person whom the Respondent intends to call as a witness at the hearing of this matter. 

2. Provide die substance of the testimony to be ofTered by each of said witnesses. 

3. Widi respect to each expert witness identified in response to request Nos. 1 and 2 

above: 

(a) identify the subject matter on which the expert is expected to testify; 

(b) list the substance of die facts and opinions to which die expert is expected to 

testify; 

(c) provide a summaiy of the grounds for each opinion; 

(d) if the Respondent intends to introduce into evidence or odierwise rely upon a 

written curriculum vitae or other written document listing the expert's 

professional qualifications, identify and attach copies of aU such docmnents. 

4. To die extent not encompassed in your response to request Nos. 1, 2 and 3 above, 

identify and produce statements of all individuals who spoke to, or were interviewed by, the 

Respondent regarding this matter. 

5. Identify and produce copies of any and all documents on which the Respondent 

anticipates relyii^ or will rety, in support of the case it will present at the hearing in this 

matter, including but not limited to documents you intend to introduce into evidence. 
REOUESTS FOR ADMISSIONS 

1. The copy of Airworthiness Directive (AD) 98-13-15 (attached herein as Exhibit A-1,4 

pages) is an authentic copy of that document 

2. The copy of die logbook entries (attached herein as Exhibit A-2,3 pages) are authentic 

copies of those documents. 

3. The copy of die Airworthiness Directives Manual, dated May 28, 2008 (attached 

herein as Exhibit A-3, cover page and pages 49-63), is an authentic copy of that 

document 

4. The copy of the letter fipom James E. Rhoads to Billy Armstead, dated March 9, 2010 

(attached herein as Exhibit A-4), is an authentic copy of that document 

5. The copy of the letter fix}m William J. Armfield, IV, to James E. Rhoads, dated 
March 22,2010), is an authentic copy of diat document 

RespectfiiUy submitted, 

Ad&ed R. Johnson, Jr. 

Regional Coimsel 

By: /y^f- n^. Mil) 

Zachai^M. Bemian 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 
CERTinCATE OF SERVICE 

I hereby certify diat on this day copies of the foregoing complainant's first set of 

interrogatories and request for production of documents were placed in the United States mail, 

postage prepaid. Certified Mail - Return Receipt Requested addressed as follows: 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

RoomE12-320 

Washington, D.C. 20590 

Federal Aviation Administration (Origmal and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attii: Hearing Docket Cleric, AGC-430 

Wilbur Wright Building - Room 2014 

WiUiam J. Aimfield, IV 

President 

CarolinaBlue Air, LLC 

300 North Greene Street- Suite 2190 

Greensboro, NC 27401 

Richmond, VA 23250 

Date: 

Lisa Hooks 

Paralegal Specialist 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 
U.S. Postiil Sorvici} 

CEFVriFIED MAIL 

U.S. Postal Sorvico 

CEnriFiE D rjAi L RECEIPT 

>>*«lto»«:«».»'7«SA;-i- ji . 

U.S. Post.il SorvK.-i) 

CEirriFIE D (VIAIL RECEIPr 
EXHIBIT C-1 
>t:v 

2i66ii 

nail Business Concern (for violations covered under 49 U.S.C. § 46301 (a)( I)(A) or (R) but 

.lot under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum $750-$ 1,100 

Moderate $450-$749 

Minimum $250 $449 

(6) 

(5) VIOLATION COMMITTED BY AIRPORT OPERATOR. 

Large Business Concern: 

Maximum $18,750-$25,000 

Moderate $10,000-$ 18,749 

Minimum $2,000-$9,999 

Small Business Concern (for violations covered under 49 U.S.C. § 46301(a)(5XA)): 

Maximum $8,250-$ 11,000 

Moderate $4,400-$8,249 

Minimum $l,100-$4,399 

Small Business Concem (for violations covered under 49 U.S.C. § 46301(a)(1)(A) or (B) but 

not under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum $850-$l,100 

Moderate $650-$849 

Minimum $500 $649 

LARGE BUSINESS CONCERN - DOES NOT HOLD CERTIFICATE 

Maximum $18,750-$25,000 

Moderate $10,000-$18,749 

Minimum $2,000-$9,999 

(7) SMALL BUSINESS CONCERN - DOES NOT HOLD CERTIFICATE 

For violations covered under 49 U.S.C. § 46301(a)(5)(A): 

Maximum $4,400-$ 11,000 

Moderate $2,200-$4,399 

Minimum $550-$2,199 

B-6 
EXHIBIT C-2 
10/01/07 2150.38 

Fig. B-2-e. Other provisions applicable to individual 

certificate holders cont 

(b) Lack of type rating 

(c) Missed proficiency check or line check 

(d) Lack of current experience 

(e) Failure to have current airman or medical 

certificate in possession 

(0 Lack of initial or recurrent training 

(g) Operation with known disqualiiying disability 

(i) Operating without valid medical certificate when not 

medically qualified or application for medical certificate 

deferred 

Civil Penalty 

Minimum to Moderate 

Certificate 

Action 

180-day 

Suspension 

to 

Revocation 

30-to 90-day 

Suspension 

30- to 90-day 

Suspension 

30- to 90-day 

Suspension 

Revocation 

Revocation 

Fig. B-2-f. Other Air Carrier Personnel 

(1) Failure to keep manual current 

Civil Penalty 

Minimum 

Certificate 

Action 

30- to 90-day 

Suspension 

3. INDIVIDUALS AND GENERAL AVIATION - OWNERS. PILOTS. REPAIR STATIONS. 

PILOT SCHOOLS. MAINTENANCE PERSONNEL. 

Fig. B-3-a. Owners and Operators Other Than Required 

Crewmembers 

(1) Failure to comply with airworthiness directive 

(2) Failure to perform or improper performance of 

maintenance, including required maintenance 

(3) Failure to make proper entry in aircraft log 

(4) Operation ofaircraft beyond annual, 100-hour, or 

progressive inspection 

(S) Operation of unairworthy aircraft 

(6) Intentionally false or fraudulent entry, reproduction, or 

alteration in any record or report 

Civil Penalty 

Moderate to Maximum 

Moderate to Maximum 

Minimum to Moderate 

Minimum to Moderate 

Moderate to Maximum 

Maximum 

Certificate 

Action 

Revocation 

Fig. B-3-b. Repair Stations 

(1) Failure to provide required facilities for proper servicing, 

maintenance, repair, or inspection 

Civil Penalty 

Moderate to Maximum 

Certificate 

Action 

Indefinite 

Suspension 

until 

compliance 

to 

Revocation 

B-20 
CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Complainant's Motion for 

Decision were sent via facsimile and first class mail to the following: 

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge 

U.S. Department of Transportation 

OfRce of Hearings, M-20, Room E12-320 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

FAX: (202)366-7536 

Eugene A. McDonough 

President, Million Air Richmond 

400 Portugee Road 

Richmond International Airport 

Richmond, VA 23250-2417 

FAX: (804)222-4044 

I hereby certify that on this day a copy of the foregoing Complainant's Motion for 

Decision was sent via first class mail to the following: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

Date: ^°'' ' 5 M ^^ J .^SJUl. 

J^a Hooks 

Paralegal Specialist 

1 Aviation Plaza 

Jamaica, NY 11434