# 0

U.S. Department OfTransportation 

### Federal Aviation Administration Office ofRegional Counsel July 25, 2012 

### Northwest Mountain Region Colorado, Idaho, Montana, Oregon, Utah, Washington, Wyoming 1601 Lind Avenue S.W. Renton, Washington 98057 Tel: (425) 227-2161 Fax: (425) 227-1007 JEFFREY.HARPER@F AA.OOV

VIA FACSIMILE AND CERTIFIED 

## MAIL- RETURN RECEIPT REQUESTED

Attn: Hearing Docket Clerk, AGC-430 Hearing Docket 

# RECEIVED AUG- 62012 Federal Aviation Administration

_**.._n(J~** (Wilbur Wright Bldg

-- Room 2W1 000) v·• OJ

## 800I~dependenceAvenueS.W. 

# fOmS**~~a~** 

# HEARING DOCKET Washington, D.C. 20591 

### r.-. .·**a~** 

### ·



# . '"AA**O-Pt~**

## ..**AUl~**

# --cep..l IJfo 

### Re: In the Matter ofLeading Edge Aviation. Inc., FAA Case No. 2011NM070089 Enclosed is an original and one copy ofa request for hearing and Complaint inthe above.;. referenced proceeding. The Federal Aviation Administration (FAA) requests that the hearing in this matter be held in Bend, Oregon, and expects that the hearing will last two (2) day. Forscheduling purposes, FAA Attorney, Jeffrey Harper will be unavailable in year.2012: August 10-13, September 7-10, October 12-15, November 2-5, November 31-December 3. Please address all communications forthe FAA to the undersigned at: Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 Telephone: (425) 227-2161 FAX: (425) 227;.1007

·Sincerely,

.



# L1+:

FAAAttorney JMH/ds Enclosures: Request for Hearing (Appeal} Complaint 

### cr1 ·2

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 JEFFREY HARPER FAA OFFICE OF REGIONAL COUNSEL 1601 LIND AVE., SW RENTON, WASHINGTON 98057 TELEPHONE: (425) 227-2161 FACSIMILE: (425)227-1007 

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

WASHINGTON, D.C.

In the Matter of: Leading Edge Aviation, Inc.

JUDGE NOTASSIGNED: FAA Case No. 2011NM070089 DMS No.: Not Assigned Judge Not 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.P.R.)
Section 13.208), and states as follows:
I.
On June 27,2012, Leading Edge**Aviatio~,** Inc. (Leading Edge), was advised through

a Final Notice ofProposed Civil Penalty that the FAA proposed to assess 

## acivil penalty in

4 3 the amount of$33,000. On July 12, 2012, Leading Edge, through legal counsel, submitted a 44 45 written request for a hearing. 46 47 48 49 50 51 52 53 COMPLAINT FAA v.Leading Edge, Inc. FAA Case No. 2011NM070089 Page2 of9 JEFFREYM. HARPER, FAAATTORNEY TEL: 425.227.1417; FAX: 425.227.10071 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1.

2. 

### 3.
4.



### 5.

6.

7.



### 8.

35 9. 36 37 

### II. Leading Edge is now and was at all times material hereto the holder ofAir Agency Certificate No. L9QR350Y, and conducts its operations pursuant to Part 145 ofthe Federal Aviation Regulations. Leading Edge holds a Limited Airframe rating. Leading Edge has a combined Repair Station & Quality Manual. Leading Edge is only authorized to perform workon airframes listed on its Capability List.
On February 17, 2011, Bell206L-1 aircraft were not listed on Leading Edge's Capability List. Paragraph 8.11 ofLeading Edge's Repair Station & Quality Manual states "Annual inspections will be performed in accordance with the manufacturer's recommendations and will not be less than required by 14 Code ofFederal Regulations (C.F.R.) Part 43." Paragraph 8.12 ofLeading Edge's Repair Station & Quality Manual states "Before the repair station generates an approval for return to service, an appropriately qualified person
... shall perform a final inspection

...The final inspection will include an audit ofthe article and the Shop Orderto determine whether

... Any discrepancies in work and/or records are appropriately dispositioned. Civil aircraft N5758H, a Bell206L-1, is·maintained in accordance with an inspection program recommended bythe manufacturer. The manufacturer's inspection program requires a 100 hourinspection to "be accomplished each 100 hours offlight time andeach 12 calendar months.''

.38 10. On or about February 17, 2011, Leading Edge performed a 100 hour airframe and 150 hour engine inspection onN5758H in accordance with the manufacturer's recommended inspection program. 39 40 41 42 43 11. 44 The manufacturer's 100 hotrr inspectionrequires the following actions:

45 46 47 48 49 50 51 52 53 

### a. 

### b.

COMPLAINT "Inspect forward cowling for condition and attachment

... "

...Inspect all control**tubes~** links, rodend bearings, bellcranks, supports, and attaching bolts for corrosion, wear, or mechanical damage, and forsecurity of attachment... · ·

FAA v. Leading Edge, Inc. FAA Case No. 2011NM070089 Page 3 of9 JEFFREYM. HARPER, FAAATTORNEY TEL: 425.227.1417; FAX: 425.227.10071 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 12.

13.


### 14

.. 

### c.



### d.

e. f.



### g.



### h.

1.



### J. "

.. .Inspect transmission mounts for obvious damage, bushings for wear, and for security ofattachment. Inspect pylon support assembly to ensure that all bolts are installed in the correctlocation. Check torque on.head ofbolts only (bolt must not rotate). If

### a: bolt is loose, remove nut. Install new nut and torque 75 to 95 inch-pounds.-.
"

.. .Inspect main driveshaft as follows:

... a. For 206L1 and 206L1 Engine Upgrade helicopters, inspect for visual damage and couplings for grease leakage. Check driveshaft for freedom and smoothness ofaxial movement. Inspect bolts for security

... "

.. .Inspect firewall for cracks, distortion; and missing rivets and hardware

... "

...Check aft fuselage structure for condition, damage, cracks and working rivets

... Open access doorin overhead baggage compartment

... "

...CAUTION -ANY CRACK, CORROSION, ORLOOSE OR SHEARED RIVET IS CAUSE FORIMMEDIATE GROUNDINGOF THE HELICOPTER UNTIL THE PROBLEM IS CORRECTED

... Openaccess door on the right side ofaft fuselage and inspect the four tailboom attachment fittings on fuselage aft bulkhead and tailboom forward bulkhead for cracks. Give special attention to the tailboom attachment fittings and bolts, and to fasteners betweenthe intercostal. Particular attention must be given to inspection ofthe upper left fitting

... "

.. .Inspectelevators and auxiliary fins for conditions and security of attachment

... "

...Check segmented driveshafts and Thomas couplings for condition and security. Torque check Thomas coupling retention bolts/nuts and apply torque seal

... "

...Start the helicopter and conductground run at 100% NR to ensure all systems are operational and parameters are within Flight Manual Limitations." Leading Edge returned N5758H to service on February 17, 2011,.certi:fying that N5758H had been inspected in accordance with a 100 hour inspection, and referred to work order SV-10-3988 for additional details.
Workorder SV-10-3988 lists as

### a discrepancy '.'A/C leak."
Work order SV-10-3988 lists the corrective action for the A/C leak as "Unableto service due to ambient air temperature.

COMPLAINT JEFFREYM. HARPER, FAAATTORNEY TEL: 425.227.1417; FAX: 425.227.1007 FAA v. LeadingEdge, Inc. FAA Case No. 2011NM070089 Page4of91 15. 2 3 16. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 17. N5758H was subsequently operated for 38.3 hours.
OnJuly 7, 2011, the following discrepancies were noted in the logbook for N5758H:

a. "

...Leftcowl access panel latch does not engage to the airframe plate retainer.



### b.

d.



### e.

f.

g.

h.

1.



### J. Plate retainer has worn through

... "

...Bolt on

### RIH cyclic control tube at transmission bell ctank improperly installed

..." and "

...Cotter pin on Tail rotor control tube to bellcrank hydraulic support area cabin roofpanel, installed withhead down and not bent over for retention

... · "

...Incorrectly installed transmission restraint, (206-033-506). Bolt (NAS6606H60) is a drilled bolt that used a locking nut (MS21042L6) and a cotter pin (MS24665-73). Too many washers were installed under the nut. The cotter point hold ofthe bolt is unqer the self-locking nut. Suggest the bolt is scrapped for possible elongation in the area ofa drilled hole

... "

...Main Drive Shaft found previous installation using incorrect hardware buildup, washers found under head ofthe bolts and should be under each nut.

.. "

...Engine forward firewall has cracks inthe pocket, providing clearance to the bleed valve, and broken spot welds between the pocket and the firewall resulting in diminished fire protectionbetween the engine and the transmission compartments

... "

...Tailboom/fuselage access panel installed with incorrect hardware, many screws were too long and bottoming on nutplates

... "

...Tailboom inspected, the attachment fittings have a number ofworking rivets in upper RH, lower LH and lower RH fittings

... "

...L/H vertical fin damaged, bent inward at the top believed from the roll:.. over onto left $ide,Aug 2000

... "

...Tail Rotor Drive Shaft, two bolts too short (no exposed Threads) at air condition compressor drive pulley.
"

...Customer reports lowrotor rpm and engine out audible warnings are crossed

..." N5758H was not returned to service on July 7, 2010, as the ahove discrepancies rendered it unairworthy.

53 COMPLAINT JEFFREY M. HARPER, FAAATTORNEY TEL: 425.227.1417; FAX: 425.227.1007 FAAv. Leading Edge, Inc. FAA Case No. 2011NM070089 Page 5 of91 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 

# ..

I.

40 2. 41 42 43 44 45 46 47 48 49 50 51 52 53 III. By reason ofthe foregoing facts and circumstances, Leading Edge violated the following sections ofthe Federal Aviation Regulations (14 C.P.R.):

a. Section 43.13(a), in that it performed maintenance on an aircraft, engine, propeller or appliance without using the methods, techniques, and practices prescribed in the current manufacturer's maintenance manual orInstructions for Continued Airworthiness prepared by its manufacturer.
b. Section 43.13(b), in that it performed maintenance on an aircraft, and failed to perform the maintenance in a manner such that the condition ofthe aircraft was at least equal to its original or properly altered condition.

c. Section 43.15(a)(1), in that itperformed an inspection required under Part 91 and failed to perform it so as to determine whether the aircraft, or portion thereof under inspection, met all applicable airworthiness requirements.
d. Section 145.201(c)(1), inthat it approved for return to service an article whenthe maintenance, preventive maintenance, or alteration was notperformed in accordance with the applicable approved technical data or data acceptable to the Federal Aviation Administration (FAA).

e. Section 145.207(a), in that it failed to follow its approved repair station manual.
f. Section 145.211(b), in that it failed to follow its quality control system when performing maintenance, preventive maintenance, or alterations underits repair station certificate.
g. Section 145.215(a), inthat it, as a certificated repair statio11 with a limited rating, performed maintenance, preventive maintenance, or alterations on an article which was not listed on its current capability list or its operations specifications.
In accordance with Sections 46301(a) and (d) ofTitle 49 ofthe United States Code (U.S.C.) (Transportation) [49 U.S.C. Sections 46301(a) and (d)], Leading Edge is
liable for a civil penalty not to exceed $27,500 for each ofthe violations noted.

COMPLAINT FAA v. Leading Edge, Inc. FAA Case No. 2011NM070089 Page 6 of9 JEFFREY M. HARPER, FAAATTORNEY TEL: 425.227.1417; FAX:425.227.1007

### ...

1 

### 3. 2 Under the facts and circumstances ofthis case, a civil penalty of$33,000 is

3 4 5 6 7 appropriate.

8 9 10 11 12 13 14 WHEREFORE, the Agency, by counsel, respectfully requests that theAdministrative
LawJudge enter an order that Leading Edgebe assessed a civil penalty in the amount of$33,000.

15 Respectfully submitted this 25th day ofJuly, 2012. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53

# ~~-~ Jefe)TM Harper FAA Attorney

COMPLAINT FAA v. Leading Edge, Inc. FAA Case No. 2011NM070089 Page 7 of9 JEFFREY M. HARPER, FAAATTORNEY TEL: 425.227.1417; FAX: 425.227.10071 ANSWER 2 3 In accordance with Section 13.209 ofthe Federal Aviation Regulations, Leading Edge 4 Aviation, Inc

.., must answer this Complaint not later than thirty (30) days from the time itis 5

. served on it. Failure to file an Answer within thirty (30) days without good cause shall be 6 deemed an admission ofthe truth ofeach allegation contained in the Complaint [14.C.F.R. 1 Section 13.209(±)]. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 29 30 31 32 33 34 35

. 36

37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 COMPLAINT FAA v. Leading Edge, Inc. FAA Case No. 2011NM070089 Page 8 of9 JEFFREYM. HARPER, FAAATTORNEY TEL: 425.227.1417; FAX: 425.227.10071 

### CERTIFICATE OF SERVICE 2 3 

### I hereby certify that the foregoing Complaint has been served via facsimile and certified mail 4

- 

### Return Receipt Requested this date, to the following: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 

### 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 2Wl000 Fax: (202) 493-5142
Fred C. Begy, Esq. Chuhak & 

### Tecson 30 South Wacker Drive, Suite 2600 Chicago, IL 60606 Tel: (312) 855-5442 Fax: (312) 444-9027

23 

### Dated this 25th day ofJuly, 2012. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 COMPLAINT FAA v. Leading Edge, Inc. FAA Case No. 201INM070089 Page 9 of9 

### Dana Stephenson

. Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 (425) 227-2164

JEFFREYM. HARPER, FAA ATTORNEY TEL: 425.227.1417; FAX: 425.227.1007