U.S. Department ofTransportation 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: Inthe Matter ofUnited 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**
Enclosedherewithplease fmd a copy ofarequest for hearing and the original and one copy of the Complaint in the above-referencedproceeding. The FAArequests that the hearing inthis matterbe held inthe 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 ofthe Regional Counsel, ASO-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 Telephone:'(404) 305-5200, facsimile (404) 305-5223. Sincerely,

Senior Attorney Office ofthe Regional Counsel EnclosuresDCT-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

MARKA. DOMBROFI' 703.J36.8700 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 ofthe FAA's Rules ofPractice 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, inwhich the FAA proposes to assess a civil penalty in the amount of$50,000 for UPS' alleged violations ofsections 119.5(1), 121.153.(a)(2), 121.709(a)(2), 12J

### .709(b)(1), and l2!.709(b)(3) ofthe 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 UnitedParcel Service Co.

cc: PeterLynch, 

### Esq.OCT-06-2014 15:54 DOMBROFF GILMORE 7033368751 P.03

CERTIFICATE OF SERVICE Ihereby certify that the foregoing Request for Hearing has been placed this date in the United States mail, postage prepaid, Certified Mail- ReturnReceipt 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 

### acopy by certified mail- return receipt requested and regular U.S. 

### mail to: Andrea Michelle Harper, SeniorAttorney Office ofthe Regional Counsel P.O. Box 20636 Atlanta, Georgia 30320

MAD PC5ll5U52.l

TOTAL P.03U.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 DocketNo. Judge

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 oftheRules ofPractice (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 ofProposed Civil Penaltythat the FAA proposed to assess a civil penalty in the amount of$50,000. On October 6, 2014, the Agency Attorney received a writtenrequest for a hearing from the Respondent. II. 1. At all times material herein United Parcel Service, Inc. (UPS) was and is now the holder ofAir Carrier CertificateNo. 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 orderto be authorized to conductPart 121 operations. 4. General Maintenance Manual GMM 03-04 is a part ofthe 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 ofa 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, 20II, UPS performed an arrival service-normal (AS-N) inspection. 7. AnAWR was not signed and prepared in accordance with the procedures set forth inthe UPS GMM. 8. AnAWRwas not signed by an authorized certificated mechanic or repairman. 9. By reason ofthe 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 ofthe flight described inparagraph 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 ofthe Federal Aviation Regulations:
a. Section 119.5(1) in that no person may operate an aircraft under this part, part 121 ofthis chapter, orpart 135 ofthis chapter in violation ofan air carrier operating certificate, operating certificate, or appropriate operations specifications issued under this part. b. Section 121.153(a)(2) inthat except as provided inparagraph (c) ofthis section, no certificate holder may operate an aircraft unless that aircraft is in an airworthy condition and meets the applicable airworthiness requirements ofthis 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 ofthe maintenance, preventive maintenance, or alterations, prepares or causes to be preparedAn appropriate entry inthe aircraft log.d. Section 121.709(b)(1) in that the airworthiness release or log entry requiredbyparagraph (a) ofthis section mustbe prepared in accordance withthe procedures set forth inthe certificate holder's manual.
e. Section 121.709(b)(3) in that the airworthiness release or log entry required by paragraph (a) ofthis section mustbe 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 subjectto a civil penalty not to exceed $11,000 for each oftheviolations alleged. 14. Under the facts and circumstances ofthis case, a civil penalty of$50,000 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an orderthatRespondentbe assessed a civil penalty inthe amount of$50,000. Respectfully submitted this 

# /fd! day ofOctober, 2014.

# fJi:fitc~ Senior Attorney Office ofthe Regional Counsel PLEASE NOTE: Pursuantto Title 14 CFR Section 13.209(a), you are required to file a written answerto this Complaint, or a written Motion to Dismiss ifappropriate, not later than 30 days after the date shown onthe Certificate ofService which follows.CERTIFICATE OF SERVICE I hereby certifythat a copy ofthe foregoing Complainthas beenmailed 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 22102

# ~f~ Program Analyst 

## !lfCT 15 2014 Dated (original + I copy)