U.S. Department 

of Transportation 

Federal Aviation 

Administration 

rru- -, 5 201'1 1uCT -- ,, .. 

Southern Region 

Office of the Regional Counsel 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Ind·cpendence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of United Parcel Service Company 

FAA Case No. 20llCE250036 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

( 404) 305-5223 FAX 

HEARING 

dO lY -O~OlD 

Enclosed herewith please fmd a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Louisville, KY area, and expects 

that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Telephone:'(404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

Senior Attorney 

Office of the Regional Counsel 

Enclosures 
DCT-06-2014 16=54 DDMBRDFF GILMORE 7033368751 P.02 

Albany 

Atlimt'll 

e11.1~$el~ 

Denver 

Los An9ele~ 

Miami 

N@W"Yorll 

McKenna Long 

& Aldridge"' 

1676 International Drive. • Penthouse 

Mclean, VA 22102 

Tek 703.336.8800 

mckennalcng.com 

Northern Virginia 

Orange County 

Rancho Santa F~; 

San Olego 

San Franci:s.co 

W~:~shington, DC 

MARK A. DOMBROFI' 

703. J 36.8700 

EMAIL ADDRESS 

mdombroff@rncl\enl'lalong.com 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED. FACSIMILE AND REGULAR U.S. 

MAIL 

October 6, 2014 

Federal Aviation Administration 

800 Independence Avenue, SW, Suite 2W!OOO 

Washington, DC 20591 

Attention: Hearing Docket Clerk, (AGC-430) 

Re: Case No. 2011CE250036; Respondent: United Parcel Service Co.; 

Gentlemen: 

In accordance with Section 13.3 5 of the FAA's Rules of Practice for FAA Hearings, 14 

C.F.R. § 13.35, United Parcel Service Co. (UPS), through its undersigned counsel, hereby files 

its request for hetuing regarding the Federal Aviation Administration's (FAA's) Final Notice of 

Proposed Civil Penalty, dated September 19,2014, in which the FAA proposes to assess a civil 

penalty in the amount of $50,000 for UPS' alleged violations of sections 119.5(1), 121.153 .(a)(2), 

121.709(a)(2), 12 J .709(b)(1), and l2!.709(b)(3) of the FAA's re lations, (14 C.F.R. 

§§ 119.5(1), 121.153.(a)(2), 12l.709(a)(2), 121.709(b) 1.709(b (3)). 

Mark A. Dombroff 

Counsel for United Parcel Service Co. 

cc: Peter Lynch, Esq. 
OCT-06-2014 15:54 DOMBROFF GILMORE 7033368751 P.03 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Request for Hearing has been placed this date in the 

United States mail, postage prepaid, Certified Mail- Return Receipt Requested, Facsimile and 

Regular U.S. Mail, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, (AGC-430) 

Wilbur Wright Building, Suite 2WJOOO 

And a copy by certified mail- return receipt requested and regular U.S. mail to: 

Andrea Michelle Harper, 

Senior Attorney 

Office of the Regional Counsel 

P.O. Box 20636 

Atlanta, Georgia 30320 

MAD 

PC5ll5U52.l 

TOTAL P.03 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

UNITED PARCEL SERVICE COMPANY 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to 

Rule 208 ofthe Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

On September 19,2014, Respondent, United Parcel Service Company was advised through a 

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

amount of$50,000. On October 6, 2014, the Agency Attorney received a written request for a 

hearing from the Respondent. 

II. 

1. At all times material herein United Parcel Service, Inc. (UPS) was and is now the 

holder of Air Carrier Certificate No. IPXA097B. 

2. On or about March 22, 2011, UPS operated civil aircraft N580UP, a Boeing 747-

400, on a revenue flight from Honolulu, Hawaii to Hong Kong, China. 

3. At all times material herein, under Operations Specification D072-1, UPS was 

authorized to follow and was required to follow a continuous airworthiness maintenance program 

(CAMP) in order to be authorized to conduct Part 121 operations. 

4. General Maintenance Manual GMM 03-04 is a part of the UPS CAMP. 
5. The GMM at paragraph 03.04.01.01 provides that the signature of a qualified 

person in the aircraft logbook indicates the airworthiness of a UPS aircraft. It also provides that 

performing an Airworthiness Release (AWR) certifies that the provisions of FAR 121.709(b) 

have been met. 

6. On or about March 22, 20 II, UPS performed an arrival service-normal (AS-N) 

inspection. 

7. An A WR was not signed and prepared in accordance with the procedures set forth 

in the UPS GMM. 

8. An A WR was not signed by an authorized certificated mechanic or repairman. 

9. By reason of the foregoing, N580UP was not returned to service after the AS-N 

was performed. 

10. As a result, UPS operated N580UP in an unairworthy condition at the time of the 

flight described in paragraph 2. 

11. The operation of N580UP as described in paragraph 2 was contrary to UPS's 

Operations Specifications. 

III. 

12. As a result, UPS violated the following sections of the Federal Aviation 

Regulations: 

a. Section 119.5(1) in that no person may operate an aircraft under this part, 

part 121 of this chapter, or part 135 of this chapter in violation of an air 

carrier operating certificate, operating certificate, or appropriate operations 

specifications issued under this part. 

b. Section 121.153(a)(2) in that except as provided in paragraph (c) of this 

section, no certificate holder may operate an aircraft unless that aircraft is 

in an airworthy condition and meets the applicable airworthiness 

requirements of this chapter, including those relating to identification and 

equipment. 

c. Section 121. 709(a)(2) in that no certificate holder may operate an aircraft 

after maintenance, preventive maintenance or alterations are performed on 

the aircraft unless the certificate holder, or the person with whom the 

certificate holder arranges for the performance of the maintenance, 

preventive maintenance, or alterations, prepares or causes to be preparedAn appropriate entry in the aircraft log. 
d. Section 121. 709(b )(1) in that the airworthiness release or log entry 

required by paragraph (a) of this section must be prepared in accordance 

with the procedures set forth in the certificate holder's manual. 

e. Section 121.709(b)(3) in that the airworthiness release or log entry 

required by paragraph (a) of this section must be signed by an authorized 

certificated mechanic or repairman except that a certificated repairman 

may sign the release or entry only for the work for which he is employed 

and certificated. 

13. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil 

penalty not to exceed $11,000 for each ofthe violations alleged. 

14. Under the facts and circumstances of this case, a civil penalty of $50,000 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $50,000. 

Respectfully submitted this /fd! day of October, 2014. 

fJi:fitc~ Senior Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Mark A. Dombroff, LLP 

McKenna Long & Aldridge 

1676 International Drive- Penthouse 

McLean, VA 221 02 

~f~ Program Analyst 

!lfCT 1 5 2014 

Dated 

(original + I copy)