U.S. Department 

of Transportation 

Federal Aviation 

Administration 

!4l\l( ~ 9 ZD15 

Eastern Region 

Regional Counsel 

CERTIFIED MAIL~ RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

ATTN: HEARING DOCKET CLERK 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 1-718-553-3273 

Facsimile: 1-718-995-5699 

E-mail: christian.lewerenz@faa.gov 

RECEIVED 

MAR I 7 2015 

HEARING DOCKET 

Re: In the Matter of Hortman Aviation Services, Inc. 

Docket No. 201 OEA 170043 

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 proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Philadelphia, 

Pennsylvania area, and expects that the hearing will last two (2) days. 

Please address all communications for the Federal Aviation Administration to the 

attention of Christian Lewerenz, Office of the 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 

1 Aviation Plaza 

Jamaica, NY. 11434 

Attn: Christian Lewerenz 

Dear Mr. Lewerenz, 

2-13-15 

PHONE 215-969-0311 

FAX 215-677-6408 

Please accept this letter as responding to your letter referencing Docket# 

2010EA 170043. 

Items found during a routine FAA Inspection of our school CDMS769C, 

were the only items found during the inspection of our 20 plus aircraft and 

records. The items pertaining to N9752C and N957TE were improper entries for 

inspections rather than failure to comply with the I CA. Logbook corrective action 

was taken care of on the spot. 

The ICA sign off on N9539C (HSI reinstallation) again was an omission on 

the log book entry, but was contained in the work order and a corrective log book 

entry was taken care of at the time of the inspection. 

The eddy current inspection on N9539C was our D.O.M. 

misunderstanding of the AD. He received remedial training from the FSDO, and 

the aircrafts propeller was sent for overhaul and hub replacement, permanently 

complying with the AD. 

We are not trying to make lite of this matter, and can assure you we take 

maintenance issues on our aircraft very seriously. We have been operational as 

a school and in charter operations since 1945. And I as the owner and also an 

A&P treat maintenance with the highest of priorities. As a side note, I am also a 

8757/767 Captain for a major airline for over 30 years and can say categorically, 

am very aware of maintenance requirements and the importance of record 

keeping. 

The fine that is proposed, we feel is very excessive, and given today's 

economic environment and our own financial condition, would be a burden to 

large for our company to handle. We are proposing an offer in compromise of 

$2500.00, to be paid by certified check. 

In lieu of this offer we are requesting a hearing in this matter. 

Thank you for your time and consideration. 

Sincerely Yours, 

H.M. Hortman President 

AUTHORIZED DEALER 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Hortman Aviation Services, Inc. 

2010EA170043 

Judge Not Assigned 

COMPLAINT 

RE:'E•\/EO 

\~.~ - I '«Y -_ 

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 for a 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 operator of the following civil aircraft: 

a. Piper PA-28R-201, identification number N9539C. 

b. Grumman AG-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-1 BF series propeller with 

propeller hub serial number CH 11539E, also recorded as 

CH11539. 

5. The aforementioned propeller is subject to the repetitive inspection 

requirements of Airworthiness 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) of the front cylinder half of the propeller hub within 

50 hours time in service (TIS) of the effective date of the 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) of the front cylinder half of the propeller hub within 

50 hours time in service (TIS) of the effective date of the 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 hours time 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 

September 30, 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. 

2 
12. By reason of the above, Hortman Aviation Services, Inc. did not 

comply with the repetitive inspection requirements of AD 2006-18-

15 or AD 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 of the HSI, approved as a major alteration 

on or about April 4, 2009, required compliance with Instructions for 

Continued Airworthiness associated with the installation. 

16. The maintenance entry for the replacement of the 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 of the 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 subject to Instructions for Continued Airworthiness (ICA). 

19. Specifically, the ICA require inspection of the TCB Composite 

Spinner Bulkhead during each annual or 100 hour inspection in 

accordance with the procedures set forth 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 

about April 9, 2010. 

Aircraft N9752C 

3 
21. At all times pertinent hereto, a TCB Composite Spinner Bulkhead 

was installed on aircraft N9752C, including a period pre-dating April 

15,2010. 

22. The TCB Composite Spinner Bulkhead installation described above 

is subject to Instructions for 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" door stop was installed on the right wing 

leading edge of N9752C on or about February 15, 2007. 

26. The "Wing-Ding" door stop installation described above is subject 

to Instructions for Continued Airworthiness requiring inspection of 

the stop at each annual or 1 00 hour inspection of the 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 of the foregoing, Hortman Aviation Services, Inc. violated the following 

section(s) of the 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 of this 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 

4 
appliance, that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless the maintenance record 

entry required by §43.9 or 43.11, 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) of work performed. 

e. Section 43.9(a)(2), which states that except as 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 of that equipment containing the 

date of completion of the work performed. 

f. Section 43.9(a)(3), which states that except as 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 of that equipment containing the 

name of the person performing the work if other than the person 

specified in paragraph (a)(4) of this 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 by this 

paragraph, major repairs and major alterations shall be entered on a 

form, and the form disposed of, in the manner prescribed in 

Appendix B, by the person performing the work. 

h. Section 91 .7(a), which states that no person may operate a civil 

aircraft unless it is in an airworthy condition. 

5 
i. Section 91.403(a), which states that the owner or operator of an 

aircraft is primarily responsible for maintaining that aircraft in an 

airworthy condition, including compliance with part 39 of this chapter. 

j. Section 91.417(a)(2)(v), which states that, except for work 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 date when the next action is required. 

IV 

1. Pursuant to 49 U.S.C. §46301 (a)(5), Respondent is subject to a civil penalty 

not to exceed $11 , 000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $25,000 is 

appropriate. 

6 
WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the 

amount of $25,000. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: ~·-- hiiSfulllLeW 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3273 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must file a written 

answer to this Complaint, or a written Motion to Dismiss if appropriate, not 

later than 30 days after the date shown on the Certificate of Service. A 

general denial is deemed a failure to file an answer (Section 13.209(e)). 

7 
CERTIFICATE 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 

Hortman Aviation Services, Inc. 

9800 Ashton Road 

Philadelphia, PA 19114 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

- 9 2!115 Date: ______ _ 

s ooks 

P ralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

8