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 272012 

## HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

Inthe Matter of: Aviation Technical Services, Inc. FAA Case No. 2010NM010105 FDMS No. FAA-2011-0682 Judge Richard C. Goodwin JUDGE: Richard C. Goodwin SECOND AMENDED COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Second Amended Complaint, pursuantto Rule 214 ofthe Rules ofPractice (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 ofProposed Civil Penalty that the FAAproposed 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 ahearing.

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### II. 1. Aviation Technical Services, Inc. (ATS) is now, and at all times mentionedherein was, theholder ofRepair Station Certificate No. HN6R593N. 2. ATS performed maintenance on behalfofSouthwest Airlines (SWA),2 (an air carrier having a continuous airworthiness maintenance program) including:
a. the overhaul ofBoeing 737 main landing gear actuator beam assembly part number 65-46108-19 serial number 854 on or about August 12, 2009; b. the overhaul ofBoeing 737main landing gear actuatorbeam assembly part number 65-46108-19 serial number 3264 and its installation onN376SW on December 12, 2009;
c. the overhaul ofBoeing 737 main landing gear actuatorbeam assembly part number 65-46108-19 serial number 815 on or about August 12, 2009; and d. the overhaul and returnto service ofBoeing 737 main landing gear actuator beam assembly part 65-46108-19 serial number 2565 on February 2, 20I0. 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 actuatorbeams which could result in loss ofcontrol ofthe airplane. 4. SB 737-32Al355 R2 incorporates Boeing Component Maintenance Manual (CMM) 32-16-31. CMM 32-16-31 specifies thatrepair sleeves andbushings 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 ofonly .0004 inch onmain landing gear retract actuator beam assembly (repair sleeves and bushings) serial numbers 815, 854, and 2565, and a thickness ofonly .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 embrittlementbake for a minimum of 12 hours at 350- 400 degrees. ATS had hydrogen embrittlementbaking ofthe listed parts (repair sleeves and bushings) done for only 8.5 hours (serial number 2565), I0.4 hours (serial numbers 815 and 854), and II hours, 54 minutes (serial number 3264). 7. In conducting the overhaul and repair ofthe listed main landing gear actuator beam assemblies, ATS did not conductthe maintenance in the marmer requiredby 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 ofthe listed main landing gear actuator beam assemblies, ATS did not comply with the SWA CAMP.10. In conductingthe overhaul and repair ofthe listed main landing gear actuator beam assemblies, ATS did not use methods, techniques, and practices acceptable to the Administrator. 11. In conductingthe overhaul and repair ofthe listed mainlanding gear actuator beam assemblies, ATS did not perform the work in such a manner thatthe condition ofthe aircraft, airframe, engine, propeller or appliance worked on was at least equal to its original or properly altered condition. Ill. I. Byreason ofthe foregoing facts and circumstances, ATS violated the following sections ofthe Federal Aviation Regulations (14 C.F.R.):
a. Section 43.13(a) inthat, when performing maintenance, alteration orpreventive maintenance required by Part 91 ofthe Federal Aviation Regulations, ATS failed to use the methods, techniques, and practices prescribed in the current Manufacturer's Maintenance Manual orInstructions for Continued Airworthiness prepared byits Manufacturer, or other methods, techniques, and practices acceptable to the Administrator. b. Section43 .13(b) inthat ATS performedmaintenance, alteration, or preventive maintenance and did not perform the work in such a marmer and use materials ofsuch a quality, that the condition ofthe aircraft, airframe, aircraft engine, propeller, or appliance worked on was at least equal to its original orproperly altered condition.
c. Section 145.205(a) in that ATS performed maintenance, preventive maintenance, or alterations for an air carrier or commercial operatorthat has a continuous airworthiness maintenance program under part 121 orpart 135 and did not follow the air carrier's or commercial operator's program and applicable sections ofits maintenance manual. d. Airworthiness Directive (AD) 2009-09-07, inthat ATS failed to accomplishthe required actions in accordance withthe AD.
2. In accordance with Section 4630l(a) and (d) ofTitle 49 ofthe 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 ofthe violations noted.

33. Under the facts and circumstances ofthis 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 ATS be assessed a civil penalty in the amount of$90,000.
Respectfully submittedthis 

### _2a1 h day ofAugust 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 2W1000 Fax: (202) 493-5142 Honorable Richard Goodwin Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. Washington, D.C. 20590 FAX: (202) 366-7536 Dane B. Jacques, Esq. DombroffGilmore Jaques & French, PC 1676 International Drive, Penthouse McLean, VA 22101 TEL: (703) .336-8800 FAX: (703) 966-6111

Datedthis 2D'1t.day ofAugust 2012.

5 Karen Huber Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 (425) 227-2167