KAREN DAVIS HUBER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LINDAVE.,SW 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227-2167 

FACSIMILE: ( 425) 227-1007 

RECEI\/ED 

AUG 2 7 2012 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Aviation Technical Services, Inc. 

FAA Case No. 2010NM010105 

FDMS No. F AA-20 11-0682 

Judge Richard C. Goodwin 

JUDGE: Richard C. Goodwin 

SECOND AMENDED COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Second 

Amended Complaint, pursuant to Rule 214 of the Rules of Practice (14 C.P.R.§ 13.214), and 

states as follows: 

I. 

On August 4, 2011, Aviation Technical Services, Inc. was advised through a Final Notice 

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

$90,000. On August 23,2011, Aviation Technical Services, Inc., through its legal counsel, 

submitted a written request for a hearing. 

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II. 

1. Aviation Technical Services, Inc. (A TS) is now, and at all times mentioned herein was, 

the holder of Repair Station Certificate No. HN6R593N. 

2. ATS performed maintenance on behalf of Southwest Airlines (SW A), 
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(an air carrier having a continuous airworthiness maintenance program) including: 

a. the overhaul of Boeing 737 main landing gear actuator beam assembly part 

number 65-46108-19 serial number 854 on or about August 12, 2009; 

b. the overhaul of Boeing 73 7 main landing gear actuator beam assembly part 

number 65-46108-19 serial number 3264 and its installation on N376SW on 

December 12, 2009; 

c. the overhaul of Boeing 737 main landing gear actuator beam assembly part 

number 65-46108-19 serial number 815 on or about August 12, 2009; and 

d. the overhaul and return to service of Boeing 73 7 main landing gear actuator beam 

assembly part 65-46108-19 serial number 2565 on February 2, 20 I 0. 

3. Airworthiness Directive (AD) 2009-09-07 requires that all Boeing 737 part number 

65-46108 main landing gear actuator beams be overhauled as specified in the instructions 

given in Boeing Service Bulletin (SB) 737-32A1355 Revision 2, to detect and correct 

broken actuator beams which could result in loss of control of the airplane. 

4. SB 737-32Al355 R2 incorporates Boeing Component Maintenance Manual (CMM) 

32-16-31. CMM 32-16-31 specifies that repair sleeves and bushings are to be made with 

17-4 PH stainless steel and cadmium plated in accordance with Standard Overhaul 

Practices Manual (SOPM) 20-42-05, "Bright Cadmium Plating." 

5. SOPM 20-42-05 requires that cadmium plating be applied to a minimum thickness of .0005 

inch. ATS had cadmium plating applied to a thickness of only .0004 inch on main landing 

gear retract actuator beam assembly (repair sleeves and bushings) serial numbers 815, 854, 

and 2565, and a thickness of only .0003 inch on serial number 3264. 

6. SOPM 20-42-05 requires that following cadmium plating parts, fabricated with 17-4 PH 

stainless steel be given a hydrogen embrittlement bake for a minimum of 12 hours at 350-

400 degrees. A TS had hydrogen embrittlement baking of the listed parts (repair sleeves 

and bushings) done for only 8.5 hours (serial number 2565), I 0.4 hours (serial numbers 

815 and 854), and II hours, 54 minutes (serial number 3264). 

7. In conducting the overhaul and repair of the listed main landing gear actuator beam 

assemblies, ATS did not conduct the maintenance in the marmer required by 

AD 2009-09-07 and SB 737-32Al355. 

8. The SWA Continuous Airworthiness Maintenance Program (CAMP) includes airframe 

manuals, including the Boeing Structural Repair Manual and Boeing Service Bulletins. 

9. In conducting the overhaul and repair of the listed main landing gear actuator beam 

assemblies, ATS did not comply with the SWA CAMP. 
10. In conducting the overhaul and repair of the listed main landing gear actuator beam 

assemblies, A TS did not use methods, techniques, and practices acceptable to the 

Administrator. 

11. In conducting the overhaul and repair of the listed main landing gear actuator beam 

assemblies, A TS did not perform the work in such a manner that the condition of the 

aircraft, airframe, engine, propeller or appliance worked on was at least equal to its 

original or properly altered condition. 

Ill. 

I. By reason of the foregoing facts and circumstances, A TS violated the following sections 

of the Federal Aviation Regulations (14 C.F.R.): 

a. Section 43.13(a) in that, when performing maintenance, alteration or preventive 

maintenance required by Part 91 of the Federal Aviation Regulations, ATS failed to 

use the methods, techniques, and practices prescribed in the current Manufacturer's 

Maintenance Manual or Instructions for Continued Airworthiness prepared by its 

Manufacturer, or other methods, techniques, and practices acceptable to the 

Administrator. 

b. Section 43 .13(b) in that A TS performed maintenance, alteration, or preventive 

maintenance and did not perform the work in such a marmer and use materials of such 

a quality, that the condition of the aircraft, airframe, aircraft engine, propeller, or 

appliance worked on was at least equal to its original or properly altered condition. 

c. Section 145.205(a) in that ATS performed maintenance, preventive maintenance, or 

alterations for an air carrier or commercial operator that has a continuous 

airworthiness maintenance program under part 121 or part 135 and did not follow the 

air carrier's or commercial operator's program and applicable sections of its 

maintenance manual. 

d. Airworthiness Directive (AD) 2009-09-07, in that ATS failed to accomplish the 

required actions in accordance with the AD. 

2. In accordance with Section 4630l(a) and (d) of Title 49 of the United States Code 

(Transportation) [49 U.S.C. §§ 4630l(a) and (d)], ATS is liable for a civil penalty not to exceed 

$25,000 for each of the violations noted. 

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3. Under the facts and circumstances of this case, a civil penalty of$90,000 is appropriate. 

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

Law Judge enter an order that A TS be assessed a civil penalty in the amount of $90,000. 

Respectfully submitted this _2a1

h day of August 2012. 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Second Amended Complaint has been served via facsimile 

and regular mail to the following: 

Federal Aviation Administration (Original and I copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

Fax: (202) 493-5142 

Honorable Richard Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

FAX: (202) 366-7536 

Dane B. Jacques, Esq. 

Dombroff Gilmore Jaques & French, PC 

1676 International Drive, Penthouse 

McLean, VA 22101 

TEL: (703) .336-8800 

FAX: (703) 966-6111 

Dated this 2D'1t.day of August 2012. 

5 

Karen Huber 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2167