ROBERT SPITZER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RECEIVED 

Jul I '>'.\II: RENTON, WASHINGTON 98057 - t i.!J~J 

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 of Federal Regulations (C.P.R.)§ 13.218(±)(5) 

(Rule 13.218(£)(5)), the Complainant renews this Motion for Decision. There are no genuine 

issues of material 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 a hearing in response to the Complainant's Final 

Notice of Proposed Civil Penalty. On January 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 on January 

30, 2015. (See exhibit 1, Complaint with certificate of service, and return receipts). 

Argument 

"The administrative law judge shall grant a party's motion for decision if the pleadings, 

depositions, answers to interrogatories, admissions, matters that the administrative law judge 

has officially noticed ... show that there is no genuine issue of material fact and that the party 

making the motion is entitled to a decision as a matter of law. The party making the motion 

... has the burden of showing that there is no genuine issue of material fact disputed by the 

parties." 14 C.F.R. § 13.218(£)(5). 

A respondent must file an answer within "30 days after service of the complaint." 14 C.P.R. 

§ 13 .209(a). For service by mail, the date of service is the date of mailing as shown on the 
certificate of service; 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 of service on the complainant as 

opposed to his counsel, the Complaint in this 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 of the truth of each allegation 

contained in the complaint." 14 C.F.R. § 13.209(£); In the Matter of Larry's Flying Service, 

Inc., FAA Order No. 98-4, 1998 WL 158381 (March 10, 1998). Law judges do not have 

authority to extend the deadline for filing an answer absent a showing of good cause. Larry s 

Flying Service (citing In the Matter of Robinson, FAA Order No. 97-18 at 5, 

1997 WL 307266 (May 23, 1997); In the Matter ofAtlantic World Airways, 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 served by 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 of each 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 FAA respectfully requests that this court grant this Renewed 

Motion for Decision. There are no genuine issues of material fact to be litigated. 

Respectfully submitted this 17'11 day of June, 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 

I hereby 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 of Hearings, M-20 

U.S. Department of Transportation 

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 2W1 000 

Fax: (202) 267-1293 

Dated this) 7'h day of June 2015. / 

j/ 

,.- / // . 

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Rene\ved Motion for Decision 

FAA v. Select Aviation Services, Inc. 

DOT DMS NO FAA-2014-1119 

Page 3 of3 

Tetri Kirk 1 = 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

ROBERT SPITZER, FAA A HORNEY 

TEL: (425) 227-1417: FAX: (425) 227-1007 
ROBERT SPITZER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON98057 

TELEPHONE: (425) 227-1417 

FACSJMILE: (425) 227-1007 

REC~EIVED 

JUL - 1 2015 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Select Aviation Services, Inc. FAA Case No. 2013NM130007 

Judge Not Assigned 

JUDGE NOT ASSIGNED: 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (14 Code of Federal 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 

Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of $18,425. On January 13, 2015, Select, through its legal counsel, submitted a written 

request for a hearing. 

II. 

1. Select is now, and at all times mentioned herein was, the holder of Repair Station 

Certificate No. 5SSR572B. 

COMPLAINT 

FAA v. Select Aviation Services, Inc. 

FAA Case No. 20 13NM130007 

Page 2 of7 

ROBERT SPITZER, F MATTORliEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
2. At all times relevant herein, Select's Operations Specifications permitted Select to 

maintain and repair aircraft engines. 

3. At all times relevant herein, Select's Repair Station Manual, required that Select · 

cany out all maintenance/repair operations according to the procedures detailed in 

the applicable manufacturer or military manual. 

4. On or about October 23, 2012, Select Aviation performed maintenance on a Bell 

UH-1 U helicopter, identification number N676TH (the aircraft). 

5. Specifically, Select overhauled the aircraft's engine, a Lycoming/Honeywell 

T53-L-703, serial number, LE-10901Z. 

6. During the course of this overhaul, Select installed a combustion deflector, serial 

number SA-0141-15 on the engine. 

7. At all times relevant herein, the U.S. Military Depot Maintenance Work 

Requirements (DMWR) 1-2840-113-2, was the military maintenance manual 

which listed repair 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 around the 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 of the above-described overhaul and return to service, the engine's 

combustion chamber deflector assembly contained a crack which exceeded 300 

degrees around the spot-weld area repaired with welding. 

11. By reason of the above, Select aviation performed maintenance, an alteration, or 

preventative maintenance on an engine, without using the methods, techniques, or 

practices acceptable to the Administrator. 

12. By reason of the above, Select aviation performed maintenance, preventative 

maintenance, or an alteration when it did not do that work in such a marmer or use 

materials of such a quality that the condition of the aircraft engine was at least 

equal to its original or properly altered condition. 

COMPLAJNT 

FAA v. Select Aviation Services, Inc. 

FAA Case No. 20 13h'Ml30007 

Page 3 of7 

ROBERT SPITZER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
13. By reason of the above, Select approved for return to service an article when 

maintenance, preventative maintenance, or an alteration was not performed in 

accordance with the applicable approved technical data or data acceptable to the 

FAA. 

14. By reason of the above, Select failed to ±bllow their repair station manual. 

Ill. 

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

of the Federal Aviation Regulations (14 C.F.R.): 

a. Section 43.13(a), in that Select performed maintenance, preventive maintenance, 

or an alteration on an engine without using the methods, techniques or practices 

acceptable to the Administrator. 

b: Section 43.13(b ), in that Select performed maintenance, preventive maintenance, 

or alterations without performing the work in such a manner using materials of 

such a quality that the condition of the aircraft engine was at least equal to its 

original or properly altered condition. 

c. Section 145.201(c)(1), in that Select approved the aircraft for return to service 

following a major repair or major alteration when the major repair or major 

alteration was not performed in accordance with applicable approved technical 

data. 

d. Section 145.207(a), in that Select failed to follow its repair station manual, by 

approving the engine for return to service, when the combustion chamber deflector 

assembly contained a crack repaired with welding beyond military manual limits. 

2. In accordance with Section 46301(a) Select is liable for a civil penalty not to exceed 

$11,000 for each of the violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of $18,425 is appropriate. 

COMPLAJNT 

FAA v. Select Aviation 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~ respectfully requests that the Administrative Law 

Judge enter an order that Select be assessed a civil penalty in the amount of$18,425. 

Respectfully submitted this 22"d day ofJanuary 2015. 

Robert Spitzer 

FAA Attorney 

COMPLAJNT 

FAA v. Select Aviation Services, Inc. 

FAA Case No. 2013NM130007 

Page 5 of7 

ROBERT SPITZER, F AAATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
ANSWER 

In accordance with Section 13.209 of the Federal Aviation Regulations, Select, must answer this 

Complaint not later than thirty (30) days from the time it is served on it. Failure to file an Answer 

within thirty (30) days without good cause shall be deemed an admission of the truth of each 

allegation contained in the Complaint [14.C.F.R. § 13.209(£)]. 

COMPLAJNT 

FAA v. Select Aviation 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 certify that 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 

Wilbur Wright Building- Suite 2W1 000 

Fax: (202) 267-1293 

David M. Schoeggl 

Attorney at Law 

P.O. Box 91302 

Seattle, WA 98111-9402 

Fax: (206) 223-7107 

Fred Hodgdon 

Select Aviation Services, Inc. 

P.O. Box430 

Corvallis, MT 59828 

Fax: (406) 961-4101 

Dated this . nd day of January 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. 20 13NM130007 

Page 7 of7 

ROBERT SPITZER, FAA ATTORNEY 

1EL: (425) 227-1417; FAX: (425) 227-1007 
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Federal Aviation Administration 

800 Independence Avenue SW 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 --

Washington, D.C. 20591 
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