ROBERT SPITZER FAA OFFICE OF REGIONAL COUNSEL 1601 LIND AVE., SW 

# RECEIVED Jul I '>'.\II:

- t**i.!J~J** RENTON, WASHINGTON 98057 TELEPHONE: (425) 227-1417 FACSIMILE: (425)227-1007 

## HEARING DOCKET

In the Matter of: 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

Select Aviation Services, Inc. Docket No. FAA 2014-1119 Judge 

### I.E. Sullivan
Renewed Motion for Decision In accordance with 14 Code ofFederal Regulations (C.P.R.)§ 13.218(±)(5) (Rule 13.218(£)(5)), the Complainantrenews this Motion for Decision. There are no genuine issues ofmaterial fact, as Respondent has failed to answer the Complaint. The Complainant is entitled to a decision as a matter oflaw.
On January 13, 2015, Respondent requested ahearing in response to the Complainant's Final Notice ofProposed Civil Penalty. OnJanuary 22, 2015, Complainant served the Complaint on Respondent and Respondent's counsel by regular and certified mail; the certified mail was received by Respondent's counsel on January 26,2015, and by the Respondent onJanuary 30, 2015. (See exhibit 1, Complaint with certificate ofservice, and return receipts). Argument "The administrative lawjudge shall grant a party's motion for decision ifthe pleadings, depositions, answers to interrogatories, admissions, matters that the administrative lawjudge has officially noticed
... showthat there is no genuine issue ofmaterial fact and that the party making the motion is entitledto a decision as a matter oflaw. The party making the motion

... has the burden ofshowing that there is no genuine issue ofmaterial fact disputed by the parties." 14 C.F.R. § 13.218(£)(5). A respondent must file an answer within "30 days after service ofthe complaint." 14 C.P.R. 

### § 13 .209(a). For service by mail, the date ofservice is the date ofmailing as shown on thecertificate ofservice; an additional "5 days shall be added" to the time to respond. 14 C.F.R. §§ 13.211(d) and (e). Even allowing for the later date ofservice onthe complainant as opposed to his counsel, the Complaint inthis case was served by mail on January 30,2015. Thus, to be timely, the answer must have been tiled by March 1, 2015. A "failure to file an answer without good cause shall be deemed an admission ofthe truth ofeach allegation contained inthe complaint." 14 C.F.R. 

### § 13.209(£); In the Matter of Larry's Flying Service, Inc., FAA OrderNo. 98-4, 1998 WL 158381 (March 10, 1998). Lawjudges do not have authority to extendthe deadline for filing an answer absent a showing ofgood cause. Larry

## s Flying Service (citing In the Matter of Robinson, FAA OrderNo. 97-18 at 5, 1997 WL 307266 (May 23, 1997); In the Matter ofAtlantic WorldAirways, FAA Order No. 95-28 at 3, 1995 WL 853922 (December 19, 1995). Failure to file an answer waives any and all defenses, including financial hardship. Larry:S Flying Service at 4. The Complaint in this case was servedby facsimile and mail on January 30, 2015. Thus, to be timely, the answer must have been filed by March 1, 2015. Having failed to file an answer, Respondent has admitted the truth ofeach and every allegation in the Complaint, and waived all affirmative defenses, including those addressed to sanction. There is no genuine issue of material fact remaining to be litigated, and Complainant is entitled to a decision as a matter oflaw. Conclusion For the reasons stated above, the FAArespectfully requests thatthis court grant this Renewed Motion for Decision. There are no genuine issues ofmaterial fact to be litigated. Respectfully submitted this 17'11 day ofJune, 2015.

Robert Spitzer FAA Attorney

Rcncv.rcd Motion for Decision FAA v. Select Aviation Services, Inc. DOT DMS NO FAA-2014-1119 Page 2 of3 ROBERT SPITZER, FAA ATTORNEY TEL: (425) 227-1417; FAX: (425) 227-1007

### CERTIFICATE OF SERVICE Ihereby certify that the foregoing Renewed Motion for Decision has been served via facsimile and First Class certified mail- Return Receipt Requested this date, to the following: Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Ave., S.E. (Ell-310) Washington, D.C. 20590 Fax: (202) 366-7536 Fred Hodgdon Select Aviation Services, Inc. P.O. Box 430 Corvallis, MT 59828 Fax: (406) 961-4101 Federal Aviation Administration 800 Independence Avenue SW Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 Fax: (202) 267-1293

Dated this)

### 7'h day ofJune 2015. / j/

,.- / //
. 

# /

**~~/-"** 

# . I J 

# z \. 

### " ,/ ""'

**._,_,~** _/ '
__ .{,...;_

**[-~"'-** -L ""

Rene\ved Motion for Decision FAA v. Select Aviation Services, Inc. DOT DMS NO FAA-2014-1119 Page 3 of3 Tetri Kirk 1 

### = Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 (425) 227-2007

ROBERT SPITZER, FAA AHORNEY TEL: (425) 227-1417: FAX: (425) 227-1007ROBERT SPITZER FAAOFFICE OF REGIONAL COUNSEL 1601 LIND AVE., SW RENTON, WASHINGTON98057 TELEPHONE: (425) 227-1417 FACSJMILE: (425) 227-1007

# REC~EIVED JUL - 12015 HEARING DOCKET UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
IntheMatter of: Select Aviation Services, Inc. FAA CaseNo. 2013NM130007 JudgeNot Assigned
JUDGENOT ASSIGNED: COMPLAINT 

### The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 Code ofFederal Regulations (C.F.R) Section 13.208), and states as follows: I. 

### On December 31, 2014, Select Aviation Services, Inc. (Select) was advised through a FinalNotice ofProposed Civil Penalty that the FAAproposed to assess a civil penalty in the amount of$18,425. On January 13, 2015, Select, through its legal counsel, submitted awritten request for a hearing. II. 

### 1. 

### Selectis now, and at all times mentioned hereinwas, the holder ofRepair Station CertificateNo. 5SSR572B. COMPLAINT FAA v. SelectAviation Services, Inc. FAA Case No. 2013NM130007 Page 2 of7 ROBERT SPITZER, FMATTORliEY TEL: (425) 227-1417; FAX: (425) 227-1007

### 2. At all 

### times relevant herein, Select's Operations Specifications permitted Selectto maintain and repair aircraft engines. 3. At all times relevantherein, Select's Repair StationManual, required that Select · cany out all 

### maintenance/repair operations according to the procedures detailed in the applicable manufacturer ormilitary manual. 4. On or about October23, 2012, Select Aviation performed maintenance on aBell UH-1U helicopter, identification numberN676TH (the aircraft). 5. Specifically, Select overhauledthe aircraft's engine, aLycoming/Honeywell T53-L-703, serial number, LE-10901Z. 6. During the course ofthis overhaul, Select installed a combustion deflector, serial number SA-0141-15 on the engine. 7. At all

### times relevant herein, the U.S. MilitaryDepotMaintenance Work Requirements (DMWR) 1-2840-113-2, was the military maintenance manual whichlistedrepair and maintenance procedures for the Lycoming/Honeywell T53-L-703 engine. 8. At all 

### times relevant herein, military manual DMWR 1-2840-113-2, permitted repairing cracks aroundthe deflector at the spot-weld area with welding, provided the cracks did not exceed 300 degrees. 9. Select aviation completed an overhaul on the engine and returned the engine to service on or about October 23, 2012. 10. At the time ofthe above-described overhaul and returnto service, the engine's combustion chamber deflector assembly contained a crackwhich exceeded 300 degrees around the spot-weld arearepaired with welding. 11. Byreason ofthe above, Select aviation performed maintenance, an alteration, or preventative maintenance on an engine, withoutusing the methods, techniques, or practices acceptable to the Administrator. 12. Byreason ofthe above, Select aviationperformed maintenance, preventative maintenance, or an alterationwhenit did not do that workin such a marmer oruse materials ofsuch aquality that the condition ofthe aircraft engine was at least equal to its original orproperly altered condition. COMPLAJNT FAA v. SelectAviation Services, Inc. FAA Case No. 2013h'Ml30007 Page 3 of7 ROBERT SPITZER, FAAATTORNEY TEL: (425) 227-1417; FAX: (425) 227-1007

### 13. By reason ofthe above, Select approved for return to service an article when maintenance, preventative maintenance, or an alterationwas not performed in accordance withthe applicable approved technical data or data acceptable to the 

### FAA. 14. Byreason ofthe above, Select failed to ±bllow their repair station manual. Ill. 

### 1. Byreason ofthe foregoing facts and circumstances, Select violated the following sections ofthe Federal Aviation Regulations (14 C.F.R.):
a. Section 43.13(a), in that Select performedmaintenance, preventive maintenance, or an alteration on an engine withoutusing the methods, techniques orpractices acceptable to the Administrator. b: Section 43.13(b), in that Select performed maintenance, preventive maintenance, or alterations without performingthe workin such amannerusing materials of such a quality that the condition ofthe aircraft engine was at least equalto its original orproperly altered condition.
c. Section 145.201(c)(1), in 

### that Select approved the aircraft for returnto service following amajorrepair ormajor alterationwhenthe major repair or major alterationwas not performed in accordancewith applicable approved technical data. d. Section 145.207(a), inthat Selectfailed to follow its repair station manual, by approving the engine for return to service, whenthe combustion chamber deflector assembly contained a crackrepaired withweldingbeyond military manual limits. 2. In 

### accordance with Section46301(a) Select is liable for acivil penalty not to exceed $11,000 for each ofthe violations noted. 3. Underthe facts and circumstances ofthis case, a civilpenalty of$18,425 is appropriate.

COMPLAJNT FAAv. SelectAviation Services, Inc. FAA Case No. 2013NM130007 Page 4 of7 ROBERT SPITZER,F AAATTOllliEY TEL: (425) 227-1417; FAX: (425) 227-1007

### WHEREFORE, the Agency, by

**counse~** 

### respectfullyrequests thatthe AdministrativeLaw Judge enter an orderthat Selectbe assessed a civil penalty in

### the amount of$18,425. Respectfully submittedthis 22"d day ofJanuary 2015.

Robert Spitzer FAA Attorney

COMPLAJNT FAA v. SelectAviation Services, Inc. FAA Case No. 2013NM130007 Page 5of7 ROBERT SPITZER,F AAATTORNEY TEL: (425) 227-1417; FAX: (425) 227-1007

### ANSWER In

### accordance with Section 13.209 ofthe Federal Aviation Regulations, Select, must answerthis Complaint notlaterthan thirty (30) days from the time 

### it is served on it. Failureto file an Answer within thirty 

### (30) days without good cause shall be deemed an admission ofthe truth ofeach allegation contained in 

### the Complaint [14.C.F.R. § 

### 13.209(£)].

COMPLAJNT FAA v. SelectAviation Services, Inc. FAA Case No. 2013NM130007 Page 6 of7 ROBERT SPITZER,F AAATTDRNEY TEL: (425) 227-1417; FAX: (425) 227-1007

## CERTIFICATE OF SERVICE I hereby certifythat the foregoing Complaint has been served via facsimile and certified mail

- Return Receipt Requested this date, to the following:

COMPLAlNT 

### Federal Aviation Administration (Original and one copy) 800 Independence Avenue SW Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building- Suite 2W1000 Fax: (202) 267-1293 David M. 

### Schoeggl Attorney at Law P.O. Box 91302 Seattle, WA 98111-9402 Fax: (206) 223-7107 FredHodgdon SelectAviation Services, Inc. P.O. Box430 Corvallis, MT 

### 59828 Fax: (406) 961-4101
Dated this
. nd 

### day ofJanuary 2015.

Tern Kirk Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 (425) 227-2007

FAA v. SelectAviationServices,Jnc. FAA Case No. 2013NM130007 Page 7 of7 ROBERT SPITZER,FAAATTORNEY 1EL: (425) 227-1417; FAX: (425) 227-1007m



# ~**~~~mi~~~~~~~~~mn~ii~mii!iiiiiiiii**

**~L_--~~~~~~~~~-;~~~~~~--~** I1J D Certified Fee

David M. Schoeggl Attorney at Law P.O. Box 91302 Here

Seattle, WA 98111-9402

I1J Certified Fee 0 Return Receipt Fee 

### § (Endorsement Required) ------1 Restricted Delivery Fee D (Endorsement Required) U1 1-----------j I1J I1J To Fred Hodgdon Postmark Here

m 

## ..., D ['- SelectAviatism Services, Inc.
____________________1 P.O. Box430 Corvallis, MT 59828

..II



# ~~::~::;:::::;;:::;

**~L--~~~~~~~~~-~~~~~** I1J D I1J D D D Postmark Here Restricted Delivery Fee 0 (Endorsement Required) U1

**------~--~** I1J I1J m 

## ..., D ['- Total Federal Aviation Administration 800 Independence Avenue SW Attn: Hearing Docket Clerk, AGC-430 WilburWright Building- Suite 2W1000 -- Washington, D.C. 20591

# USP TM

Have**quesh)ns"~** We're here to help

S1gn up for My USPS CO!! Trncking Nun1ber· 70 1322S\IC0020?027720 cioiivorod Product & Tracking Information Postal Product: Features: Certified Mail'"
DATE & TIME STATUS OF ITEM LOCATION January 30, 20·15
. 9.04 am CORVALLIS, IIIF [:9828

Your 1tem was del1vered at 04 an: on Ja11uary 3Ll 2015 in CORVAUJS MT 59328 Januat-y 29, 2015 11 1i am Available for Pickup CORV1\LLIS MT 59828 January :?8. 2015 1·1 ·?s prn Departed USPS Facility MISSOULA, MT 09801 Janua1y 28, 201S , 4.05 p'n Arr1ved at USPS Fac11ity MISSOUL!\ MT 59801 Januat·y 27 2015 11 ·og am Departed USPS Facility BILLINGS, MT 59101 January !, 20'5' 5 Jln Arrived at USPS Facility BILLINGS, MT 59101 January 23 2015, 10·26 pm Departed USPS Facility SEATTLE WA 98168 January 23 2015 , 9'46 pm Arriverl at USPS Facility SEATTLE. WA 98168

Available ActionsHv1

Have**questioliS'~** We're l1ere tc help

11p fer My USPS.corn -y 'ncking f'>Jumbel 70132250000202027713 delivered

e Upd8ied i)cd1ve•y Day Monuay. January 26.2015 Product & Tracking Information Postal Product: Features:

DATE & TIME STATUS ITEM LOCATION January 26: /015 , g-**I;~** a:11 SUHTLL VV!\

Your 1tern was delive1·ed at 9:12am on January 26 2Qi;) in SFATTL::, VVA 981-11 Ja:1umy**201~,** 7<!3 am Ava1lable for 1-)ickup SEATTLE, WA 98111 January 26_ 2015 7:23am Arrived at Un1l SEATTLE. WA 98101 January 26. 2015 1 Ham Departed USPS Facility SEATTLE. WA 98168 January 23,2015,9:46 pm Arrived :_it USPS Facility SEATTLE, W/\ 98168

# s cki

Have ques\i(ws"> We're here to help

Sign up fm My USPS CO.T' l racking Number**7Q-1322~l;)~!0020202770G** delivered

• Updi:-lled Delrvery Day Tuesday. January 27, 20·15 Pmdue1 & Tracking [nformatlon Postal Product: 

### • Features:
Ceriifrect M8rl"
DATE & TIME STATUS OF ITEM LOCATION Ja;luar·y 27 2015 11 49 am WASHINGTON. DC 20591

Your item vvas delivered at 11.49 arr1 on ,January
. 20iS m WASHINC7 ION, DC 20591 January 27. 2015. 8·49 ;w1 Arrived at Unit WASHINGTON. DC 20018 Departed USPS !-acility SEATTLE, WA 98168 Arrived at USPS Facility SEAHLfc WA 98'16B