0 

U.S. Department 

Of Transportation 

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- 6 2012 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 of Leading Edge Aviation. Inc., FAA Case No. 2011NM070089 

Enclosed is an original and one copy of a request for hearing and Complaint in the 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. 

For scheduling 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 for the FAA to the undersigned at: 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind A venue S. W. 

Renton, Washington 98057 

Telephone: (425) 227-2161 

FAX: (425) 227;.1007 

· Sincerely, . 

L1+: 

FAA Attorney 

JMH/ds 

Enclosures: Request for Hearing (Appeal} 

Complaint 

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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 NOT ASSIGNED: 

FAA Case No. 2011 NM070089 

DMS No.: 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.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 of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in 

4 3 the amount of $33,000. On July 12, 2012, Leading Edge, through legal counsel, submitted a 

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53 COMPLAINT 

FAA v.Leading Edge, Inc. 

FAA Case No. 2011 NM070089 

Page2 of9 

JEFFREYM. HARPER, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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II. 

Leading Edge is now and was at all times material hereto the holder of Air Agency 

Certificate No. L9QR350Y, and conducts its operations pursuant to Part 145 of the 

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 work on 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 of Federal 

Regulations (C.F.R.) Part 43." 

Paragraph 8.12 of Leading 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 

of the article and the Shop Order to 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 by the manufacturer. 

The manufacturer's inspection program requires a 100 hour inspection to "be 

accomplished each 100 hours of flight 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 on N5758H in accordance with the manufacturer's 

recommended inspection program. 

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The manufacturer's 1 00 hotrr inspection requires the following actions: 

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COMPLAINT 

"Inspect forward cowling for condition and attachment ... 

" ... Inspect all control tubes~ links, rod end bearings, bell cranks, 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 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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" .. .Inspect transmission mounts for obvious damage, bushings for wear, and 

for security of attachment. Inspect pylon support assembly to ensure that all 

bolts are installed in the correct location. Check torque on .head of bolts 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 of axial 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, OR LOOSE OR SHEARED 

RIVET IS CAUSE FORIMMEDIATE GROUNDING OF THE 

HELICOPTER UNTIL THE PROBLEM IS CORRECTED ... Open access 

door on the right side of aft fuselage and inspect the four tail boom 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 between the intercostal. Particular attention must be given to 

inspection of the upper left fitting ... 

" .. .Inspect elevators 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 conduct ground run at 1 00% 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. 

Work order 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 "Unable to 

service due to ambient air temperature. 

COMPLAINT JEFFREYM. HARPER, FAA ATTORNEY 

FAA v. Leading Edge, Inc. TEL: 425.227.1417; FAX: 425.227.1007 

FAA Case No. 2011NM070089 

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N5758H was subsequently operated for 38.3 hours. 

On July 7, 2011, the following discrepancies were noted in the logbook for N5758H: 

a. " ... Left cowl access panel latch does not engage to the airframe plate retainer. 

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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 bell crank 

hydraulic support area cabin roof panel, installed with head 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 of a 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 in the pocket, providing clearance to 

the bleed valve, and broken spot welds between the pocket and the firewall 

resulting in diminished fire protection between the engine and the 

transmission compartments ... 

" ... Tail boom/fuselage access panel installed with incorrect hardware, many 

screws were too long and bottoming on nutplates ... 

" ... Tailboom inspected, the attachment fittings have a number of working 

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 low rotor 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, FAA ATTORNEY 

FAA v. Leading Edge, Inc. TEL: 425.227.1417; FAX: 425.227.1007 

FAA Case No. 20 11NM070089 

Page 5 of9 
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III. 

By reason of the 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 or Instructions 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 of the aircraft was at 

least equal to its original or properly altered condition. 

c. Section 43.15(a)(1), in that it performed 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), in that it approved for return to service an article when the 

maintenance, preventive maintenance, or alteration was not performed 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), in that 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) of Title 49 of the 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 of the violations noted. 

COMPLAINT 

FAA v. Leading Edge, Inc. 

FAA Case No. 2011NM070089 

Page 6 of9 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: 425.227.1417; FAX:425.227.1007 
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WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Leading Edge be assessed a civil penalty in the amount 

of$33,000. 

15 Respectfully submitted this 25th day of July, 2012. 

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Jefe)TM ~~-~ Harper 

FAA Attorney 

COMPLAINT 

FAA v. Leading Edge, Inc. 

FAA Case No. 2011NM070089 

Page 7 of9 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
1 ANSWER 

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3 In accordance with Section 13.209 of the Federal Aviation Regulations, Leading Edge 

4 Aviation, Inc .. , must answer this Complaint not later than thirty (30) days from the time it is 

5 . served on it. Failure to file an Answer within thirty (30) days without good cause shall be 

6 deemed an admission of the truth of each allegation contained in the Complaint [14.C.F.R. 

1 Section 13.209(±)]. 

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53 COMPLAINT 

FAA v. Leading Edge, Inc. 

FAA Case No. 2011NM070089 

Page 8 of9 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
1 CERTIFICATE OF SERVICE 

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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: 

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Federal Aviation Administration (Original and one copy) 

800 Independence A venue SW · 

Washington, D.C. 20591 . 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

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 of July, 2012. 

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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, W A 98057 

(425) 227-2164 

JEFFREYM. HARPER, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007