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O 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southwest Region 

Arkansas, Louisiana, 

New Mexico, Oklahoma 

Texas 

Office of Regional Counsel 

2601 Meacham Blvd., Rm. 663 

Fort Worth, TX 76137-0007 

(817) 222-5099 

(817) 222-5945/5092 FAX . 

March 11, 2011 

CF.RTIFTED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

In the Matter of Aero Mechanical Industries, Inc. 

Docket No. CP - To Be Assigned 

Case No. 2009SW010004 

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Dear Sir or Madam: 

Enclosed are the original and one copy of the Complaint in the above-referenced proceedinfi. 

The Complainant requests that the hearing in this matter be held in the Albuquerque, New 

Mexico area, and expects that the hearing will last two (2) days. 

Please serve me with all documents in this matter. 

Gregory S, Lander 

Attorney, Safety Enforcement Branch 

Federal Aviation Administration 

2601 Meachara Blvd. 

Fori Worth, Texas 76137-0007 

Telephone: 817-222-5083 

Facsimile: 817-222-5945 

DAVID L. DONMILL 

Acting Reg'iMay^ounsel 

. Soutnwest Fp&(4 

^5, B-^ -

MAR 2 ! 20]^ 

^BARING DOCKE 

;oiy«S^Lander_ 

Aiiomey, SatSTyEiiibfccment Branch 

Safety Enforcement Branch 

Enclosure 

Aero Mechdnii:al Indiisirrcs. Inc, 

COMPLAINT: 2009SWOI0004 
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CERTIFICATE OF SERVICE 

1 certify that the foregoing original Complaint and one copy have been mailed this date 

by Certified Mail-Return Receipt Requested, to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

1 certify that a copy of the Complaint has been mailed this date by Certified Mail-Return 

Receipt Requested, lo: 

James M. Llewellyn, Jr. 

Thompson and Llewellyn, P.A. 

P.O. Box 818. 

Fort Smith, AR 72902-0818 

(479) 785-2867 

(479) 785-8046 (FAX) 

Counsel for Aero Mechanical Industries, Inc. 

AiteeSen n AyalS/Program Analyst 

Federal Aviation Administration 

Southwest Region 

Office of the Regional Counsel 

Date: A'/I - fj 

Aero Mechanical Induslrics. Ini:. 

COMPLAINT; 20O9SW01O0O1 
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L.S. DEPARTMENT OF TRANSPORTATI^?^ dC f ti l V t.lu ^ 

FEDERAL AVIATION ADMINISTRATION 

rm 2 1 20« 

In the Matter of: 

Aero Mechanical Industries, Inc. 

HEARING DOCKE" 

FAA Case No. 2009SW010004 

FAA Docket C? No. - To Be Assigned 

Judge - Not Yet Assigned 

COMPLAINT 

The Complainant files its complaint, under Rule 208 of the Rules of Practice in FAA 

Civil Penalty Actions, 14 CF.R. § 13.208, and states the following: 

J. 

Respondent Aero Mechanical Industries, Inc. was advised through a Final Notice of 

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

$44,000.00. On March 8,2011, Respondent submitted a written request for a hearing. 

II. 

1. At all times pertinent, Aero Mechanical Industries, Inc., held Air Agency Certificate No. 

087R142Y, authorizing it to operate an approved Repair Station with Limited Airframe, Limited 

Accessory, Limited Specialized Services, and Nondestructive Inspection, Testing and 

Processing, under Part 145 of the Federal Aviation Regulations (FAR). 

2. On October 31, 2008, according to Work Order AMI W/0 6937, Aero Mechanical 

Industries, Inc., returned to service an elevator assembly, LH, Part Number D5528000100051, 

Serial/Batch Number CS1375, indicating that it was "Repaired." 

3. Said Work Order is titled, AUTHORIZED RELEASE CERTIFICATE, FAA FORM 

8130-3, AIRWORTHINESS APPROVAL TAG. 

4. Said Work Order indicates that the elevator was, "Cleaned, Inspected, Repaired, and 

Returned to Service in Accordance with A320 Component Maintenance Manual 55-21-15, Rev. 

7, dated May 1, 2008. ' 

5. Said Work Order indicates that it certifies that the work was carried out in accordance 

with EAS A Part-145 and in respect to that work the component is ready for release to service 

under EASA Part-145 Approval Number: EAS A 145.5675. 

6. Said Work Order indicates that, in accordance with 14 C.F.R. § 43.9 Return to Service, it 

certifies that unless otherwise specified in Block 13, the work identified in Block 12 and 

described in Block 13 was accomplished in accordance with Title 14, Code of Federal 

Regulations, part 43 and in respect to that work, the items are approved for return to service. 

Aero Mechanical Industries. Inc. 

COMPLAINT: 2009SW010004 
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7. Said Work Order, Block 13 indicates that, "Airworthiness Directive 2002-18-01 

Complied With." 

8. Airworthiness Directive (AD) 2002-18-01 states in part that Airbus A320 elevators must 

undergo a thermographic inspection in accordance with Airbus Service Bulletin (SB) A320-55-

1024. 

9. Airbus SB A320-5 5-1024 states that the thermographic inspections must be performed in 

accordance with the instructions contained in Airbus Nondestructive Testing Manual (NTM) 55-

20-06 and the latter states that the inspection must be done in accordance with NTM 55-20-07. 

10. Aero Mechanical Industries, Inc., contracted with Southwest Infrared Inc., a nonceriificaled entity, to conduct the thermographic inspections required by the AD. 

11. Aero Mechanical Industries, Inc., did not have FAA approval lo contract with Southwest 

Infrared Inc., to conduct the thennographic inspections. 

12. Aero Mechanical Industries, Inc., was not authorized to perform thermographic 

inspections. 

13. Aero Mechanical Industries, Inc., lacked any employees with the training in the 

performance of thermographic inspections so as to ensure that all work was performed in 

accordance with part 43. 

14. Aero Mechanical Industries, Inc., did not have personnel qualified in thermographic 

inspections to plan, supervise, perform, or approve for return to service, under their repair station 

certificate and operations specifications. 

15. Aero Mechanical Industries, Inc., did not ensure that persons performing inspections 

under their repair station certificate and operations specifications were proficient in using 

thermographic inspections, nor thermographic inspection equipment, appropriate for the elevator 

being inspected. 

16. By reason of the foregoing. Aero Mechanical Industries, Inc violated the following 

sections of the Federal Aviation Regulations (Title 14, Code of Federal Regulations): 

a. Section 145.151(b), which states thai, each certificated repair station must provide 

qualified personnel to plan, supervise, perform, and approve for return to service the 

maintenance, preventive maintenance, or alterations performed under the repair station 

certificate and operations specifications. 

b. Section 145.151 (c), which states that, each certificated repair station must ensure 

it has a sufficient number of employees with the training or knowledge and experience in 

the performance of maintenance, preventive maintenance, or alterations authorized by ihe 

repair station certificate and operations specifications to ensure all work is performed in 

accordance with part 43. 

Aern Mechanical Industries. Inc, 

COMPLAINT: 2009SWO10004 
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c. Section 145.155(a)(1), which states that, a certificated repair station must ensure 

that persons perfonning inspections under the repair station certificate and operations 

specifications are proficient in using the various types of inspection equipment and visual 

inspection aids appropriate for the article being inspected. 

d. Section 145.217(a)( 1), which states that, a certificated repair station may contract 

a maintenance function pertaining to an article to an outside source provided the PAA 

approves the maintenance function to be contracted to the outside source. 

HI. 

1. Under 49 U.S.C. § 46301, Aero Mechanical Industries, Inc. is subject to a civil 

penalty for each of the violatioi\s alleged. The maximum penalty jjer violation is $11,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of $44,000.00 is 

appropriate. 

Complainant respectfully requests that the administrative law judge enter an order that 

Respondent Aero Mechanical Industries, Inc. be assessed a civil penalty in the amount of 

$44,000.00. 

arch 2011. 

Attorney, Safety Enforcement Branch 

Federal Aviation Administration 

2601 MeachamBlvd. 

Fort Worth, Texas 76137-0007 

Telephone: 817-222-5083 

Facsimile: 817-222-5945 

iJret;orv.s.lander@i"aa.(^ov 

Acrn Mechanical Industries, Inc. 

COMPLAINT: 2009SW010004