U.S. Department ofTransportation FederalAviation Administration



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### 9ZD15 Eastern Region Regional Counsel

CERTIFIED**MAIL~** RETURN RECEIPT REQUESTED

FederalAviation Administration 800 IndependenceAvenue, S.W. Washington, D.C. 20591 Attn: Hearing DocketClerk, AGC-430 WilburWright Building- Room 2014 ATTN: HEARING DOCKET CLERK 1Aviation Plaza Jamaica, NY 11434 Telephone: 1-718-553-3273 Facsimile: 1-718-995-5699 E-mail: christian.lewerenz@faa.gov 

# RECEIVED MAR I72015 HEARING DOCKET

Re: In the Matterof HortmanAviation Services, Inc. Docket No. 201OEA170043 Enclosed herein please find a copy of a request for hearing and the original and one copy of the FAA's Complaint in the above-entitled action for filing, together with proofofservice upon the Respondent. The FAA requests that the hearing in this matter be held in the Philadelphia, Pennsylvania area, and expectsthatthe hearingwill lasttwo (2) days. Please address all communications for the Federal Aviation Administration to the attention of Christian Lewerenz, Office ofthe Regional Counsel, 1 Aviation Plaza Jamaica, NY 11434. Sincerely, Alfred 

### R. Johnson, Jr. Regional Counsel

By:

# c~.­ Attorney Enclosures

# Hortman Aviation Services, Inc N.E. Philadelphia Airport 9800 Ashton Road Philadelphia, PA 19114
Federal Aviation Administration 1Aviation Plaza Jamaica, NY. 11434 Attn: Christian Lewerenz Dear Mr. Lewerenz, 2-13-15 PHONE 215-969-0311 FAX 215-677-6408

Please acceptthis letter as responding to your letter referencing Docket# 2010EA 170043. Items found during a routine FAA Inspection ofourschool CDMS769C, were the only itemsfound duringthe inspection ofour20 plus aircraftand records. The items pertaining to N9752C and N957TEwere improperentries for inspections ratherthan failureto complywith the ICA. Logbook corrective action wastaken care ofon the spot. The ICA sign offon N9539C (HSI reinstallation) again was an omission on the log bookentry, butwas contained in thework order and a corrective log book entrywas taken care ofatthetime ofthe inspection. The eddy current inspection on N9539Cwas our D.O.M. misunderstanding oftheAD. He received remedial training from the FSDO, and the aircrafts propellerwas sentfor overhaul and hub replacement, permanently complying with theAD. We are nottrying to make lite ofthis matter, and can assureyou wetake maintenance issues on ouraircraftveryseriously. We have been operational as a school and in charteroperations since 1945. And Ias the ownerand also an A&Ptreat maintenancewith the highest ofpriorities. As a side note, I am also a 8757/767 Captain fora majorairlinefor over 30 years and can say categorically, am very aware ofmaintenance requirements and the importance of record keeping. Thefinethat is proposed, wefeel is veryexcessive, and given today's economicenvironmentand ourown financial condition, would be a burden to largefor ourcompanyto handle. Weare proposing an offer in compromise of $2500.00, to be paid by certified check. In lieu ofthis offerwe are requesting a hearing in this matter. Thankyou foryourtime and consideration. SincerelyYours, H.M. Hortman President

AUTHORIZED DEALERU.S. DEPARTMENTOF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
In the MatterofHortman Aviation Services, Inc. 2010EA170043 Judge NotAssigned
COMPLAINT 

# RE:'E•\/EO

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## HEARING DOCKET

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows:
Respondent, Hortman Aviation 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 $25,000. On February 23, 2015, Respondent submitted a written demand fora hearing. II

1. Hortman Aviation Services, Inc. is the holder of Flight School Certificate Number CDMS769C. 2. During all times relevant herein, Hortman Aviation Services, Inc. was the operatorofthe following civil aircraft:
a. Piper PA-28R-201, identification number N9539C. b. GrummanAG-58, identification number N957TE.
c. Piper PA-28-161, identification number N9752C.Aircraft N9539C 3. At all times pertinent hereto, the engine installed in aircraft N9539C was a Lycoming 360 series reciprocating engine. 4. At all times pertinent hereto, the propeller installed on aircraft N9539C was a Hartzell HC-C2YR-1BF series propeller with propeller hub serial number CH11539E, also recorded as CH11539. 5. The aforementioned propeller is subjectto the repetitive inspection requirements ofAirworthiness Directive (AD) 2006-18-15. 6. Additionally, the aforementioned propeller is subject to the repetitive inspection requirements of AD 2009-22-03, which superseded AD 2006-18-15 effective November 12,2009. 7. AD 2006-18-15 required the performance of an initial eddy current inspection (ECI) ofthe front cylinder half ofthe propeller hub within 50 hours time in service (TIS) ofthe effective date ofthe AD and repetitive ECI inspections within every 100 hours TIS after the last propeller hub ECI. 8. AD 2009-22-03 requires the performance of an initial eddy current inspection (ECI) ofthe front cylinder halfofthe propeller hub within 50 hours time in service (TIS) ofthe effective date ofthe AD and repetitive ECI inspections within every 100 hours TIS after the last propeller hub ECior cracks at a repetitive inspection time interval of 100 hourstime in service (TIS). 9. An ECI of the propeller hub installed on aircraft N9539C was accomplished in accordance with AD 2006-18-15 on or about September30, 2008, at 6926 hours TIS. 10. The next ECI of the aforementioned propeller hub in compliance with AD 2006-18-15 or AD 2009-22-03, following the inspection described in the preceding paragraph, was performed on or about March 18, 2010, at 7173 hours TIS. 11. No ECI was performed on the aforementioned propeller hub during the period between 6926 hours TIS and 7173 hours TIS, a total of 247 hours.

212. By reason of the above, Hortman Aviation Services, Inc. did not comply with the repetitive inspection requirements ofAD 2006-18- 15 orAD 2009-22-03. 13. Hortman Aviation operated aircraft N9539C for 147 hours, or approximately 100 flight operations, when the aircraft was not in compliance with AD 2006-18-15 or AD 2009-22-03 and, therefore, was not airworthy. 14. Additionally, on or about February 16, 2010, a Century Flight Systems Horizontal Situation Indicator (HSI) was replaced onboard N9539C. 15. The original installation ofthe HSI, approved as a major alteration on or aboutApril 4, 2009, required compliance with Instructions for Continued Airworthiness associated with the installation. 16. The maintenance entry for the replacement ofthe aforementioned HIS performed on or about February 16, 2010, did not reference accomplishment of the procedures set forth in the Instructions for Continued Airworthiness applicable to the removal and replacement ofthe HSI unit.

Aircraft N957TE 17. At all times pertinent hereto, a TCB Composite Spinner Bulkhead was installed on aircraft N957TE. 18. The TCB Composite Spinner Bulkhead installation described above is subjectto Instructionsfor Continued Airworthiness (ICA). 19. Specifically, the ICA require inspection of the TCB Composite Spinner Bulkhead during each annual or 100 hour inspection in accordancewith the procedures setforth in the ICA. 20. The aircraft maintenance records for aircraft N957TE did not contain a reference to the accomplishment of aforementioned inspection in connection with the annual inspection performed on or aboutApril 9, 2010.

Aircraft N9752C

321. At all times pertinent hereto, a TCB Composite Spinner Bulkhead was installed on aircraft N9752C, including a period pre-datingApril 15,2010. 22. The TCB Composite Spinner Bulkhead installation described above is subjectto Instructionsfor Continued Airworthiness (ICA). 23. Specifically, the ICA require inspection of the TCB Composite Spinner Bulkhead during each annual or 100 hour inspection. 24. The aircraft maintenance records for aircraft N9752C did not contain a reference to compliance with the spinner bulkhead ICA in connection with the annual inspection performed on or about April 15, 2010. 25. Additionally, a "Wing-Ding" doorstopwas installed on the rightwing leading edge ofN9752C on orabout February 15, 2007. 26. The "Wing-Ding" door stop installation described above is subject to Instructions for Continued Airworthiness requiring inspection of the stop ateach annual or 100 hour inspection ofthe aircraft. 27. The aircraft maintenance records for aircraft N9752C did not contain a reference to compliance with the spinner bulkhead ICA in connection with the annual inspection performed on or about April 15,2010.

Ill By reason ofthe foregoing, Hortman Aviation Services, Inc. violated the following section(s) ofthe Federal Aviation Regulations:
a. Section 39.7, which states that anyone who operates a product that does not meet the requirements of an applicable airworthiness directive is in violation ofthis section. b. Section 43.15(a)(1), which states that each person performing an inspection required by Part 91, 125, or 135 of this chapter shall perform the inspection so as to determine whether the aircraft, or portion(s) thereof under inspection, meets all applicable airworthiness requirements.
c. Section 43.5(a), which states that no person may approve for return to service any aircraft, airframe, aircraft engine, propeller, or 4appliance, that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless the maintenance record entry required by §43.9 or43.11, as appropriate, has been made. d. Section 43.9(a)(1), which states that except as provided in paragraphs (b) and (c) of this section, each person who maintains, performs preventive maintenance, rebuilds, or alters an aircraft, airframe, aircraft engine, propeller, appliance , or component part shall make an entry in the maintenance record of that equipment containing a description (or reference to data acceptable to the Administrator) ofwork performed.
e. Section 43.9(a)(2), which statesthat exceptas provided in paragraph (b) and (c) of this section, each person who maintains, performs preventive maintenance, rebuilds, or alters an aircraft, airframe, aircraft engine, propeller, appliance, or component part shall make an entry in the maintenance record ofthat equipment containing the dateofcompletion ofthe work performed. f. Section 43.9(a)(3), which statesthat exceptas provided in paragraph (b) and (c) of this section, each person who maintains, performs preventive maintenance, rebuilds, or alters an aircraft, airframe, aircraft engine, propeller, appliance, or component part shall make an entry in the maintenance record ofthat equipment containing the name of the person performing the work if other than the person specified in paragraph (a)(4) ofthis section. g. Section 43.9(a)(4), which states that except as provided in paragraphs (b) and (c) of this section, each person who maintains, performs preventive maintenance, rebuilds, or alters an aircraft, airframe, aircraft engine, propeller, appliance, or component part shall make an entry in the maintenance record of that equipment containing the following information: if the work performed on the aircraft, airframe, aircraft engine, propeller, appliance or component part has been performed satisfactorily, the signature, certificate number, and kind of certificate held by the person approving the work. The signature constitutes the approval for return to service only for the work performed. In addition to the entry required bythis paragraph, major repairs and major alterations shall be entered on a form, and the form disposed of, in the manner prescribed in Appendix B, bythe person performing thework. h. Section 91 .7(a), which states that no person may operate a civil aircraft unless it is in an airworthy condition.

5i. Section 91.403(a), which states that the owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthycondition, including compliancewith part 39 ofthis chapter. j. Section 91.417(a)(2)(v), which states that, exceptforwork performed in accordance with §§91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: The current status of applicable airworthiness directives (AD) including, for each, the method of compliance, the AD number, and revision date. If the AD involves recurring action, the time and datewhen the nextaction is required.
IV

1. Pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil penalty notto exceed $11 ,000 for each ofthe violations alleged. 2. Under the facts and circumstances of this case, a civil penalty of $25,000 is appropriate.

6WHEREFORE, the FAA, bycounsel, respectfully requests thatthe Administrative Law Judge enter an order that Respondent be assessed a civil penalty in the amountof$25,000.
Respectfullysubmitted, Alfred 

### R. Johnson, Jr. Regional Counsel

By:

# ~·-- hiiSfulllLeW Attorney FederalAviationAdministration 1Aviation Plaza Jamaica, NY 11434 718 553-3273 718 995-5699
NOTE: The Rules of Practice for this proceeding are set forth in Part 13, SubpartG, ofthe FederalAviation Regulations (14 C.F.R. Part 13). The Rules of Practice provide that Respondent must file a written answerto this Complaint, or a written Motion to Dismiss ifappropriate, not later than 30 days after the date shown on the Certificate of Service. A general denial isdeemed afailuretofile an answer(Section 13.209(e)).

7CERTIFICATE OF SERVICE hereby certify that the foregoing Complaint has been placed this date in the United States mail, postage prepaid, by Certified Mail
- Return Receipt Requested addressed as follows: H.M. Hortman President HortmanAviation Services, Inc. 9800 Ashton Road Philadelphia, PA 19114 FederalAviation Administration (Original and one copy) 800 IndependenceAvenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building- Room 2014



### - 92!115 Date:
______ _ s ooks P ralegal Specialist FederalAviation Administration Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434

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