* nM<; 01001/008 

11/24/2010 10;i e FAX 2024935142 FAA UHb 

.^'EPARTMENT OF 

^^l^NSFORTATiON 

:",;'.El'OPERATIONS 

U.S. DEPARTMENT 01-TRANSPORTATION ^^^0 NOV 2U A iO I U 

OFFICE OF HEARINGS 

WASHINGTON, D.C. -. -

IN THE MATTER OF 

FLIGHTSTAR AIRCRAFT SERVICES, INC. 

FAA Docket No. 2008-GL'05-0045 CPl[) ^L ^/ / 

(Civil Penally Action) 

DMSNo. FAA-XXX-XXXX ^ ^OjO ^ Idl' ^ 

Judge Not Assigned 

Hearing Location: Not assigned 

Hearing Date: Not assigned 

MOTION TO DISMISS 

COMES NOW, Rc-jpondent, FLIGHTSTAR AIRCRAFT SERVICES, INC. (hereinaller 

"FLIGHTSTAR"), by and through undersigned counsel, pursuant to Rule 13.208(d) of the Rules 

of Practice (14 C.F.R. §13.208(d)), and hereby moves to dismiss the Complaint, or that part of the 

Complaini, alleging a violation that occurred more than 2 years before an agency attorney issued a 

notice of proposed civil penalty (NPCP) to the FLIGHTSTAR. 

In support thereof, FLIGHTSTAR sitates the following: 

PROCEDURAL FACTS 

1. On April 7, 2009, the Complainant, Federal Aviation Administration (FAA), issued a 

Notice of Proposed Civil Penalty (NPCP) alleging a violation that occurred on May 6, 

2008, which slated the following, in part: 

1. Mightstar Aircraft Services, Inc. (Flightstar) now holds, and at all times 

mentioned herein held. Approved Repair Station certificate number 

1-OTR986N. 
•* OM S 01002/008 

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2. On or about May 6, 2008, Flightstar performed a major repair on civil aircral^ 

number N764AT, a Boeing Model 727, operated under Part 121 of the Federal 

Aviation Regulations by Astar Air Cargo, Inc. (Astar), an air carrier wiih 

continuous airworthiness maintenance program, and signed off the work. 

3, The major repair to a fliselage area located at station 350, stringer 19 right, was 

not performed in accordance with the Boeing 727 Structural Repair Manual 

51-10-3, as follows: 

• Improperly manufactured parts were used 

• I mproper cutti ng of a stringer hat 

• Improper stringer repair 

See Exhibit 1, attached hereto (emphasis added). 

2. Notwithstanding the above, on October 26,2010, the FAA filed a Complaint in this 

matter, consisting of two (2) separate Counts and ten (10) paragraphs of factual 

allegations, concerning violations that occiured more than 2 years before an agency 

attorney issued a NPCP to FLIGH TSTAR concerning such allegations. 

APPLICABLE LAW 

14 C.l'.R. § 13.208, entitled Complainu states the following, in part: 

(d) Motion lo dismiss aUef^aiions or complaint. In.stead of filing an answer to the 

complaint, a respondent may move to dismiss the complaint, or that part of the 

complaint, alleging a violation that occurred on or after August 2, 1990, and more 

than 2 years belbre an agency attorney issued a notice of proposed civil penalty to 

the re.spondent. 

(2) If ihe agency fails to shov/ good cause for any delay, an. administrative law 

judge may dismiss the complaint, or that part of the complaint, alleging a violation 

that occurred more than 2 years before an agency aitomey issued the notice of 

proposed civil penalty to the respondent. 

14C.F.R. § 13.208. 

In the present case. Count T involves allegations of an incident that occurred on or about 

.July 19,2008 (Complaint at pai'a. 3). However, Complainant was required to issue the NPCP on or 

before July 19,2010. Sec 14 C.F.R. § 13.208. Nevertheless, agency counsel never issued a NPCP 

concerning the alleged violations that supposedly occurred on July 19, 2008, now more than 28 
11/24/2010 10;16 FAX 2024935142 FAA * DMS 2)003/008 

months ago. Furthermore, Count I involves allegations of an incident that occurred on or about 

Augast 4,2008 (Complaint at para. 6), However, Complainant was required to issue the NPCP on 

or before August 4,2010. Sec 14 C.F.R. § 13.208. Nevertheless, agency counsel never issued a 

NPCP concerning the alleged violations that supposedly occurred on August 4, 2008, now more 

than 27 months ago. 

Therefore, Count 1 of the Complaint must be dismissed as untimely pursuant to §14 C.F.R. 

13.208(d). 

Likewise, Count II involves allegations of an incident that occurred on or about July 23, 

2008 (see Complaint at para. 11), However, Complainant was required to issue the NPCP on or 

before July 23, 2010. Sec 14 C.F.R. § 13.208. Nevertheless, agency counsel never issued a NPCP 

concerning the alleged violations that supposedly occurred on July 23, 2008, now more than 28 

montlis ago. 

WHEREFORE, Count 1, regarding allegations of incidents that occurred on July 19,2008, 

and August 3,2008, must be dismissed as untimely. Likewise, Count II, regarding allegations of 

an incident that occurred on August 4, 2008, must also be dismissed as untimely. 

Therefore, Flightstar Aircraft Services, Inc., by and through undersigned counsel, 

rcspectfiilly requests that the Complaint be dismissed pursuant to 14 C.F.R. §13.208. 
•>• nM ^ 01004/008 

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Dated; November 17,2010 

Respectfully Subj 

GRE0ORYXWINTON, ESQ. 

The Avrai^ Law Firm 

me Research Court 

Suite W50 

Rock^TJlcMD 208,50 

Tel: (301) 294-8550 

Fax:(301)294-2525 

Gregra)A viationLawExperts.com 

Counsel for Respondent 
11/24/2010 10:ie FAX 2024935142 FAA * DMS @l005/008 

EXHIBIT 1 
11/24/2010 10:1G FAX 2024935142 FAA 

+ OMS gjOOG/OOS 

U. S. Department 

of Transpoitation 

Federal Aviation 

Administration 

In Reply 

Refer to: AGL-7(CIN) 

2008-GL-05-0045 

<:real LtUti R<cioB 

niinou', Indiana Michigan, 

Minnesota, North Uakot*^ 

Ohio, South Dakota. Wisconsin 

Regional Counsel, ACL-7C 

c/o Cincinnati FSOO 

4358 Ferguson Drive 

Cincinnwi, OH 4.5245 

Area Code 513 842-9602 

April 7,200/ \ 

CERTIFIED & REGULAR MAIL 

Flightstar Aircraft Services, Inc. 

Building 815 

6025 Flightline Road 

Jacksonville, FL 32221 

ATTN: Geraldo Hernandez, President 

NOTICE OF PROPOSED CIVIL PENALTY 

Based on a report of investigation, it appears that: 

1. Flightstar Aircraft Services, be. (Flightstar) now holds, and at all times 

mentioned herein held, Approved Repair Station certificate number 

FOTR986N. 

2. On or about May 6,2008, Flightstar performed a major repair on civil 

aircraft number N764AT., a Boeing Model 727, operated under Part 121 of 

the Federal Aviation Regulations by Astar Air Cargo, Inc.(Astar), an air 

carrier with a continuous airworthiness maintenance program, and signed 

off the work. 

3. The major repair to a fuselage area located at station 350, stringer 19 rigjit, 

was not performed in accordance with the Boeing 727 Structural Repair 

Manual 51-10-3, as follows: 

- Improperly manufactured parts were used 

- Improper cutting of a stringer hat 

- Improper stringer channel repair 

By reason of the foregoing facts and circumstances, you violated the following Federal 

Aviation Regulations: 
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a. Section 43.13(a), which states that each person performing maintenance, 

alteration, or preventive maintenance on an aircraft, engine, propeller, or 

appliance shall use the methods, techniques, and practices prescribed in 

the current manufacturer's manual. 

b. Section 145.205(a), which states that a certificated repair station that 

performs maintenance, preventive maintenance, or alterations for an air 

carrier, or commercial operator that has a continuous airworthiness 

maintenance program under Part 121 or part 135 must follow the air 

carrier's or commercial operator's program and applicable sections of its 

• manual. 

In accordance with Title 49 of the United States Code, Section 463012 (49 U.S.C, 

§46301), you are subject to a civil penalty not to exceed $1,100.00 for each violation of 

the regtilaiions. After reviewing our investigative file, including your letter of June 6, 

2008 we propose to assess a civil penalty in the amount of $1,800.00. 

A Final Notice of Proposed Civil Penalty will be issued tmless, within thirty (30) days 

after your receipt of this notice, you submit, in writing, your choice of one or more of the 

alternatives provided on the enclosed information sheet. Once the Final Notice is issiied, 

you will have no fiirther right to participate in the informal procedures; your alternatives 

will be limited to submitting the proposed civil penalty or requesting a formal hearing;. 

Jeffrey A. Klang 

By: BLEe^»A.^A'>l-SON 

Eileen A. Wilson 

Senior Attorney 

Enclosures: Information Sheet 

Option Selection Form 

FAR 13.16 and Subpart G of Part 13 

AGL-FSDO-05 CVG 

AGL'7(CIN):eaw:4/3/09:c/hdriveFlightstar080045 
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CE.R.TIFICATE OF SERVICE 

I hereby certify that 1 have this date served by regular U.S. mail, postage prepaid, an original and 

one (1) copy of the foregoing Motion to Dismiss addressed to: 

Attention: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Suite 2W1000 

Washington, D.C. 20591 

And, further, that 1 have this date served via facsimile and regular U.S. mail, postage prepaid, a 

copy of the foregoing Motion to Dismiss addressed to: 

Glenn L. Brown 

Senior Attorney 

Federal Aviation Administration 

Great Lakes Region, AGL-7 

2300 Devon Avenue 

Des Plaines, IL 60018 

Tel: 847-294-7063 

Fax: 847-294-7498 

Dated: November 17, 2010 

GRlXltjRYJ^INTON, ESQ. 

TJjfe AviatrtJn Law Firm 

Jhe Research Court 

Suite 450 

Rockville,MD 20850 

Tel: (301) 294-8550 

Fax:(301)294-2525