U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION



### FEDERAL AVIATION ADMINISTRATION, Complainant,

vs. DocketNo. FAA-2013-0288 FAA Case No. 2012S0190209 AVIONICS MASTERS, INC., Respondent. Judge Sullivan

AMENDMENT TO COMPLAINT 

### In Respondent's Amended Answer (filed March 14, 2014) and Summary Judgment Response (filed March 20, 2014), Respondent admitted that (contrary to its original Answer and its discovery responses) it was not authorized to perform repairs on the directional gyro. It, 

### instead, squarely presented a defense that it had not actually done any sort ofrepair, but had instead incorrectly filled out the Form 8130-3. However, as described below, if Respondent's characterization of events is accurate, it had admitted to violating a different section of the Federal Aviation Regulations. Ifthe Respondent performed a repair, it violated§§ l45.5(a) and l45.20l(b). IfRespondent described performing a repair, even though it had not, then it violated §§ 43.5(a) and 43.9(a)(l). Accordingly, the FAA hereby amends its Complaint to charge that, in the alternative, that Respondent violated §§ 43.5(a) and 43.9(a)(l). The original Complaint is amended and superseded as described below. Section I is unchanged. Some changes have been made in sections II and III of the Complaint in order to provide additional clarity as to the distinctionbetween the two alternative allegations. Sections IV and V are entirely new, and contained the new, alternative, allegations. I. I. On May 14, 2013, Respondent, Avionics Masters, Inc. was advised through a FinalNotice ofProposed Civil Penalty thattheFAA proposedto assess a civil penalty inthe amount of$7,150. On May 27,2013, the Agency Attorney received a writtenrequest for a hearing from the Respondent. II. 2. At all times material herein, Avionics Masters was and is nowthe holder ofAir Agency Certificate No. VIMR095K. 3. Avionics Masters, Inc. is authorized to performmaintenance onRadio, Limited Airfame and LimitedInstruments, as defined by the Operation Specifications andthe Accepted Capability List. 4. On or about December22, 2011, Avionics Masters approved for return to service as repaired a Bendix/King directional gyro, model KG102A, serial number X32301. 5. Avionics Masters was not authorized by its Operations Specifications or its Accepted Capability listto perform maintenance, includingrepairs, onthe directional gyro. III. 6. Byreason ofthe facts and circumstances described inparagraphs 2-5 ofthis Complaint, Respondent violatedthe following sections ofthe Federal AviationRegulations:

a. Section 145.5(a) inthat no personmay operate as a certificatedrepair station without, or inviolation of, a repair station certificate, ratings, or operations specifications issuedunder this part; and b. Section 145.201(b) inthat a certified repair stationmaynot maintain or alter any article for which it is notrated, and may notmaintain or alter any article for whichit is rated ifitrequires special technical data, equipment, or facilities that are not available to it. 7. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil penalty notto exceed $11,000 for each ofthe violations alleged. 8. Under these facts and circumstances case, a civil penalty 

### of$7,150 is appropriate. IV.9. Regardless ofwhether or not Respondent actually performed a repair ofthe Bendix/King directional gyro, model KG102A, serial number X32301, Respondent executed an FAA Form 8130-3 approving the gyro for return to service as repaired and describing the work as a repair. 10. In the eventthat no repairs were performed on the directional gyro, Respondent falsely certified onthe Form 8130-3 that repairs had beenperformed. 11. Inthe eventthat no repairs were performed on the gyro, Respondent did not make an accurate description ofthe work performed on the directional gyro. 

## v. 12. In the alternative to the allegations inpart III ofthe Complaint, by reason ofthe facts and circumstances described in paragraphs 9-11 ofthis Complaint, Respondent violated the following sections ofthe Federal Aviation Regulations:

a. Section 43.9(a)(l) in that ,except as provided in paragraphs (b) and (c) of this section, eachperson who maintains, performs preventive maintenance, rebuilds, or alters an aircraft, airframe, aircraft engine, propeller, appliance, or componentpart shall make an entry in the maintenance record ofthat equipment containing the following information: a description (or reference to data acceptable to the Administrator) ofwork performed; b. Section 43.5(a) inthat no person may approve for return to service any aircraft, airframe, aircraft engine, propeller, or appliance, thathas undergone maintenance, preventive maintenance, rebuilding, or alteration unless the maintenance record entryrequired by 43.9 or 43.11, as appropriate, has beenmade. 

### 7. Pursuant to 49 U.S.C. Sections 4630l(a)-(d), Respondent is subject to a civil penalty not to exceed $11,000 for each ofthe violations alleged. 8. Under these facts and circumstances case, a civil penalty of$4,042 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an order that Respondentbe assessed a civil penalty inthe amount of$7,150, as a result ofRespondent's violations of§§ 145.5(a) and 145.201(b). Alternatively, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an order thatRespondent be assessed a civil penalty inthe amount of$4,042, as aresult ofRespondent's violations of §§ 43.9(a)(1) and 43.5(a).

itted this

# ~--.Jl day ofApril, 2014.



## c SON Attorney Office ofthe Regional CounselCERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Amendment to Complaint has been sentthis date by the following methods: original and one copy via certified mail: Federal Aviation Administration 800 Independence Avenue, S.W. Attention:Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 Washington, D.C. 20591

one copy via certified mail: MohammadAhmed Faruqui, Esq. Trial Lawyers Building 633 SE 3rd Avenue, Suite 4R Ft. Lauderdale, FL 33301 Honorable Judge J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590

Date