U. S. Department ofTransportation Federal Aviation Administration 

## DEC 14 

## Z01Z Alaskan Region Office ofthe Kc!Humu**C!ritiris~r;.**

CERTIFiED 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 Re: In the Matter ofGrant Aviation, Inc., 

### FDrOS

## ~ l Case No. 2011AL030075 

### 0\,ol

### a,-l**""-~** 222 W. 7th Avenue #14 · Anchorage, Alaska

99513-7587 PH: (907) 271-5271 FAX: (907) 271-2800 

# qECEIVED DEC 1 92012 

## HEARING 

# DOCKET DearSirorMadam:**~DI3** 

### -f\t.UA • 

### C.ff)·ll.«o"7b OnNovember 29, 2012, we were notified that Grant Aviation, Inc., requested a hearing in the abovereferenced case. Enclosed are the original and one copy ofthe Complaint in the above-referenced proceeding as required by§ 13.208(a) ofthe Rules ofPractice in FAA Civil Penalty Actions, 14 C.P.R. Part 13, Subpart G. By copy ofthis letter, a copy ofthe Complaint is being served on Respondent as required by§ 13.208(b). · The FAA requests that the hearing in this matterbe held in Anchorage, Alaska, and expects that the hearing will last no morethan one day. ' HOWARD L. MARTIN, JR. Regional Counsel**~y:** 

# 2f1(i___ Glenn H. Brown Senior Attorney Enclosures cc: Brent R. Cole, Esq. (with copy ofFAR 13.16 and Subpart G ofPart 13)

### In the Matter of:
Grant Aviation, Inc. Judge NotAssigned U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 

# RECEIVED DEC 1 92012 

# HEARING DOCKET FAA DocketNo. Unassigned

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.P.R.§ 13.208), and states as follows: I. OnMarch 23, 2012, Respondent was advised through a Notice ofProposed Civil Penalty that the FAAproposed to assess a civil penalty in the amount of$50,000. OnNovember 16, 2012, Respondent was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$25,000. OnNovember 28,2012, Respondent submitted a written request for a hearing. II. 

### 1. Respondent is now, and at all times mentioned herein it was, the holder ofAir Carrier Certificate No. ENHA618D and appropriate operations specifications authorizing it to conduct commuter operations under parts 119 and 135 oftheFederal Aviation Regulations (FAR). 12. At all times referenced herein, Respondent was authorized by its operations specifications to operate civil aircraft N417PM, a Piper Model PA-31-350, inits operations under parts 119 and 135 ofthe FAR, and was required by its operations specifications to inspect the aircraft in accordance with the approved aircraft inspectionprogram (AAIP). 3. At all times referenced herein, Airworthiness Directive (AD) 2009-13-06 was applicable to civil aircraft N417PM, and required an inspection ofthe nose baggage door latch and lock components every 100 hours oftime in service, the replacement oflife-limited parts every 1

000 hours oftime in service, and the repair and replacement ofdamaged, worn, corroded, or non-conforming components in accordance with Piper Service Bulletin 1194A before further flight.
4. On or about April 27, 2011, Respondent performed maintenance oncivil aircraft N417PM, and made an entry inthe maintenance records regarding the workperformed and approving that work for return to service. 5. The maintenance referenced in paragraph 4**inc~uded** the replacement ofthe nose baggage door and the latch components.
6. While performing the maintenance referenced inparagraph 5, Respondent failed to use acceptable methods, techniques, andpractices inthat the door handle bracket Respondent installed had benttabs and was corroded, a clevis pin was installed upside down, a large
2washer not shown inthe drawings inPiper Service Bulletin 1194A was installed under the lock, and one ofthree required bolts in the front hinge attachment point was not installed.
7. The maintenance record entryreferenced inparagraph 4 regarding the maintenance referenced inparagraph 5 does not indicate whether the latch components used in the installation were those thathad been on the nose baggage door that was removed or the accumulated time in service ofthe life-limited components, and it indicates the work was done in accordance with an irrelevant part ofan obsolete Piper Service Bulletin. 8. On or about May 12, 2011, June 1, 2011, June 29, 2011, and July 2, 2011, Respondent performed maintenance on civil aircraft N417PM that included inspecting the nose baggage door latch and lock components, and then made entries inthe maintenance records for the aircraft indicating that an inspection in accordance with AD 2009-13-06 had beenperformed and that no defects were found.
9. Atthe time ofthe inspections referenced inparagraph 8, the nose baggage door latch and lock components were damaged, worn, corroded, non-conforming, and not in accordance with Piper Service Bulletin 1194A in that the door handle bracket had bent tabs and was corroded, a clevis pin was installed upside down, a large washer not shown in the drawings in Piper Service Bulletin 1194A was installed under the lock, and one ofthree required bolts in the front hinge attachmentpoint was not installed.



### 310. During the period from May 27, 2011, to July 26, 2011, Respondent operated civil aircraft N417PM on divers flights in commerce for some 319 hours oftime in service. 11. Most ofthe flights referenced inparagraph 1 0 were subject to part 135 ofthe FAR.
12. At the time ofthe flights referenced in paragraph 10, civil aircraft N417PM was not in airworthy condition because ofthe discrepancies referenced inparagraphs 6 and 9, and because the nose baggage door light and switch and the drain lines for the fuel pumps located inthe wing roots were missing.
13. The operation ofcivil aircraft N417PM as described above was careless orreckless so as to endanger the life orproperty ofanother.



### III. 1. Byreason ofthe foregoing facts and circumstances, Respondent violated the following Federal Aviation Regulations (FAR): (a) Section 43.9(a) in that Respondent maintained, performedpreventive maintenance, rebuilt, or altered an aircraft, airframe, aircraft engine, propeller, appliance, or componentpart and failed to make an entry in the maintenance record ofthat equipment containing the information specified in this section.



### 4(b) Section 43.13(a) in that Respondent performed maintenance, alteration, orpreventive maintenance on an aircraft, engine, propeUer, or appliance and failed to use the methods, techniques, and practices prescribed in the current manufacturer's maintenance manual ofInstructions for Continued Airworthiness prepared by it manufacturer, or other methods, techniques, andpractices acceptable to the Administrator. (c) Section 91.7(a) inthat Respondent operated a civil when it was not in an airworthy condition. (d) Section 19.13(a) in that Respondent operated an aircraft in a careless orreckless manner so as to enlarge the life orproperty ofanother. (e) Section 91.405(a) inthat Respondent operated an aircraft and failed, between required inspections, to have**discrep~cies** repaired as prescribed inpart 43 of the FAR. (f) Section 135.25(a)(2) inthat Respondent operated an aircraft underpart 135 ofthe FAR when it was not in an airworthy condition.
2. Pursuant to 49 U.S.C. 

### § 46301(a) and 14 C.F. R. 

### § 13.305, Respondent is subject to a civil penalty of$11,000 for each violation ofthe FAR.

5' 3. Underthe facts and circumstances ofthis case, a civil penalty of$25,000 is appropriate. WHEREFORE, the Federal Aviation Administration, by counsel, respectfully requests that the administrative lawjudge enter 

### an order that Respondent be assessed a civil penalty in the amount of$25,000. RESPECTFULLY SUBMITTED this (

## tt-4\ of

# ,~0

# I~ HOWARD 

### L. MARTIN, JR. Regional Counsel By:



### 6

# JflJl_~ Glenn 

### H. Brown Senior Attorney



# ...............**------------------------~---**CERTIFICATE OF SERVICE Re: Grant Aviation, Inc. FAA Case No. 2011AL030075 FAA DocketNo. To Be Assigned I hereby certify that on this date I served a copy ofthe FAA's Complaint and a copy ofthe foregoing letter byplacing them inthe United States Mail, postage-prepaid, certified mail, return receipt requested, addressed as follows: Brent 

### R. Cole, Esq. Law Office ofBrent

### R. Cole, P.C. 821 N Street, Suite 208 Anchorage, AK 99501 I further certify that onthis date I have served the original ofthe foregoing letter and the original and one copy ofthe FAA's Complaint bypostage-prepaid, certified mail, return receipt requested, addressed as follows: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 ATTN: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000
Office ofthe Regional Counse 222 West 7th Avenue 

### # 14 Anchorage, Alaska 99513-7587



### 7