SILVERBERG 

GOLDMAN, L.L.P. 

ATTORNEYS AT LAW 

Georgetown Place • Suite 300 · 1101 30th Street, NW • Washington, D.C. 20007 

Voice Direct (202) 944-3300 • Facsimile (202) 944-3306 

VlAFEDEX 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building 

Suite 2W1000 

Washington, D.C. 20591 

January 30,2015 

t-tl:i 01 2015 

HEARING DOCKET 

(Attention: Hearing Docket Clerk, AGC-430) 

Re: In the Matter of Airborne Maintenance and Engineering Services 

Docket: FAA-2013-0291 

FAA Case No.: 2011S0290032 

Dear Sir or Madam: 

Enclosed for filing in the above-referenced case please find an original and one copy of 

Respondent's Motion for Summary Judgment. 

Also enclosed is an additional copy of the Motion, without the accompanying Exhibits, 

and a pre-addressed, postage paid envelope. Please date-stamp the additional copy of the Motion 

and return it to our office in the enclosed envelope. 

Thank you for your assistance. Please call me at the telephone number listed above if 

you have any questions regarding this matter. 

Very truly yours, 

SILVERBERG GOLDMAN, L.L.P. 

Attorneys for 

AIRBORNE MAINTENANCE AND 

ENGINEERING SERVICES 
R 

BEFORE THE c~B fJ z ZQ'5 

U.S. DEPARTMENT OF TRANSPORTATION rt. . v 

1 

OFFICE OF HEARINGS H.-ARII\lr:: DOCKET 

WASHINGTON, D.C. C u 

In the matter of 

AIRBORNE MAINTENANCE AND 

ENGINEERING SERVICES 

Respondent 

Docket No. FAA-2013-0291 

FAA Case No. 2011S0290032 

Administrative Law Judge 

J.E. Sullivan 

MOTION FOR SUMMARY JUDGMENT 

I. Introduction 

Pursuant to 14 C.F.R. § 13.218(f)(5) of the Rules of Practice, Airborne 

Maintenance and Engineering Services ("AMES") hereby moves for a decision 

dismissing the Complaint in this matter, with prejudice, as there are no set of facts 

pleaded by the Complainant that would allow it to prevail considering the circumstances 

of this matter and, therefore, Respondent is entitled to such a decision as a matter of law. 

Briefly stated, the FAA has alleged that AMES failed to properly "rig" so-called "flying 

doors" when AMES reinstalled them after it completed replacing main landing gear 

("MLG") assemblies on three B-727 cargo aircraft operated by AMES's customer, 

Capital Cargo International Airlines, Inc. ("CCIA"). Specifically, the FAA alleges that 

the installation and rigging of the landing gear doors were not accomplished in 

accordance with the B-727 Aircraft Maintenance Manual (AMM) because "bushings and 

shims were missing from the attach fittings and bushing and shims were misplaced on the 

attach fittings." Complaint at 'I!~[ 4.d and e. 
Rigging is important because the flying doors must be properly faired in order for 

the doors, when closed, to tuck into the aircraft structure thereby insuring aerodynamic 

smoothness with the aircraft fuselage. The FAA, however, has no direct evidence to 

support its allegations because the principal investigating Inspector (Frank Lipinski) only 

viewed the three aircraft months after AMES performed the work. During that time, the 

three aircraft conducted a total of 1,584 flights and the landing gear were exercised no 

less than 3,168 times, collectively, that, without doubt, caused wear and tear on the 

landing gear doors and associated structures. 

From the outset, AMES responded to the FAA's Letter of Investigation and 

subsequent formal Complaint noting that whatever discrepancies were identified by the 

Inspector, they were the product of normal "wear and tear" and not evidence of the 

failure to properly rig the flying doors. Incredibly, the Inspector now denies any 

possibility that wear and tear could have contributed to the condition of the aircraft as 

observed by the Inspector even though the work performed by AMES was completed as 

many as 10 months earlier. 

The case law allows the FAA to prove maintenance violations by reliance on 

circumstantial evidence, if such evidence is specific and conclusive and there is no 

intervening maintene, because the FAA typically is not in a position to inspect aircraft at 

the very point in time when maintenance is first performed and completed. This, 

however, is not the typical case such that the FAA can sustain its burden of proof that a 

violation occurred on the basis of circumstantial evidence alone. 

First, the gap between the original maintenance and the FAA's subsequent 

inspection of the three aircraft in question is far too great as shown in the chart below 

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such that it can simply be assumed that the substantial intervening operations would have 

had no impact whatsoever on the condition of the flying doors: 

Aircraft 

N287SC 

N898AA 

N899AA 

MLG Replacem't Date 

March 22, 2010 

September 29, 2009 

July 31, 2009 

FAA Insp. Date 

May 25,2010 

May 25,2010 

May 25,2010 

Gap in Months 

2 

8 

10 

See Exhibit 4. This is significant because, even as the FAA admits (EIR, Section B at 3), 

Exhibit 1 hereto, each of the three aircraft were in regular and frequent Part 121 cargo 

line operations after the gear change and before the FAA's May 25,2010 inspection in 

Toledo, Ohio. Moreover, there can be no denying that the flying doors, representing 

large structures that are raised and lowered in the slipstream, operate in a hostile 

environment and are subject to significant wear and tear. 

Second, allegations that hardware was naissing or naisplaced, the allegation upon 

which the FAA's entire case rests (see Complaint at q[q[ 4.d.-e.), can readily be disnaissed 

because when AMES took the aircraft back into its facility in Wilnaington, Ohio to 

address the Inspector's concerns, landing gear hardware associated with the MLG 

changes were only shown to be "worn" from use and not naissing. (A tubular bearing 

was missing on one of the aircraft, which was discovered on April 18, 2010, but this was 

likely the result of an intervening tire change and not AMES's replacement of the MLG. 

See Infra. page 20.) Nor was any such hardware found to have been "naisplaced" 

according to the record evidence. Subsequently, AMES replaced any worn hardware. 

Moreover, the FAA's own evidence demonstrates that addressing the Inspector's findings 

only required a series of "minor" repairs supporting AMES's postion that the "damage" 

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observed by the Inspector was caused by normal wear and tear or, in one case, 

documented intervening maintenance. 

Third, if as alleged by the FAA, AMES did not properly rig the flying doors on 

any of the three aircraft, such rnisrigging would logically have immediately come to the 

attention of the operator, CCIA. Not once did the operator complain to AMES that the 

work was not satisfactory performed until the FAA Inspector raised the issue on May 25, 

2010, even though by that point CCIA had operated the three aircraft for a combined total 

of 20 months. 1 In other words, despite the Inspector's attempt to make it appear the 

flying doors were not properly rigged in the first instance, the lack of a single prior 

complaint by the aircraft operator and the documented lower level of corrective action 

taken by AMES to address the Inspector's findings, contradict any conclusion that AMES 

failed to perform the flying door rigging when the work was first accompli shed. 

Another aspect of the FAA's case against AMES is that it failed to use the correct 

sections of the CCIA aircraft maintenance manual (AMM) when rigging the flying doors 

after installation of the new main landing gear. Inspector Lipinski, however, later 

admitted that the section he believed AMES should have referenced and followed when 

rigging the flying doors (AMM 32-12-ll/401) is not the section specified in the AMM. 

Upon reinstallation of the flying doors removed from the aircraft to facilitate the landing 

gear change, the mechanic is directed to follow the procedures laid out in section 32-12-

11/501. AMES cannot be found to have failed to follow the steps in the AMM when it 

correctly did so simply because an Inspector thinks it would have been advisable, in his 

individual opinion, to do the work in accordance with yet another section the AMM. 

1 In fact, the operator even praised AMES for the quality of its work on aircraft N287SC. 

See Exhibit 13. 

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One final preliminary point. This case was brought by the FAA despite the 

troubling backdrop of a charge of bias and prejudice on the part of the principal FAA 

Inspector towards AMES. The Inspector first demonstrated a hostile attitude when CCIA 

was contemplating moving some of its heavy maintenance from another repair station to 

AMES, thereby biasing his views on the quality of the maintenance performed by AMES 

and giving rise to an exaggerated claim that the flying doors were significantly damaged 

because of their alleged improper installation. The hostile attitude of the Inspector 

carried forward over the years culminating in an outburst that AMES was "evil" and 

making threats about its certificate status. Mr. Lipinski made even more extreme and 

troubling comments to representatives of AMES's customer-- CCIA about AMES and 

his attitude toward the repair station. 

The FAA's case against AMES is hopelessly infected with Inspector Lipinski's 

biased and prejudicial attitude toward AMES and the Inspector's "evidence" should be 

viewed in that light. However, even without consideration of the prejudicial actions of 

Inspector Lipinski, the Inspector's clearly mistaken claims regarding (i) the alleged 

missing or misplaced bushings and shims and (ii) the application of the wrong AMM 

Section to the work AMES performed, provide more than sufficient support for 

Respondent's summary judgment motion such that no specific finding of prejudice need 

be made in order to grant this Motion. 

II. The FAA's Complaint and Respondent's Answer 

On June 20, 2013, the FAA filed a Complaint against AMES alleging that it had 

violated sections 43.13(a), 43.13(b) and l45.205(a) of the Federal Aviation Regulations 

and requesting that an order be entered against Respondent assessing a civil penalty in the 

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amount of $61,875 for the purported violations. See Complaint, dated June 20, 2013, 

page 2-3. The alleged violations stem from MLG replacements that AMES pelformed in 

2009 and 2010 on three B-727 aircraft that CCIA used at the time in its Part 121 all-cargo 

operations. See id at 'i['l\3 and 4. Specifically, the Complaint alleges that: (l) on or about 

March 2010, AMES replaced both MLG, including reinstalling and rigging the landing 

gear doors, on CCIA's B-727 aircraft regisu·ation no. N287SC; (2) on or about August 

2009, A.c\1ES replaced both MLG, including reinstalling and rigging the landing gear 

doors, on CCIA's B-727 aircraft registration no. N899AA; and (3) on or about October 

2009, AMES replaced both MLG, including reinstalling and rigging the landing gear 

doors, on CCIA's B-727 aircraft registration no. N898AA. See Complaint at U 4.a.-c.2 

The FAA claims with respect to each of the MLG changes that the installation and 

1igging of the landing gear doors was not accomplished in accordance with the B-727 

AMM because "[i]n particular, the doors were improperly installed and rigged in 

that bushings and shims were missing from the attach fittings and bushings and 

shims were misplaced on the attach fittings." Complaint at 1['1[4.d.-e. (emphasis 

added). 

AMES answered the FAA's Complaint on July 18, 2013. In its Answer, AMES 

admitted that on or about the dates stated in the FAA's Complaint it replaced both MLG 

2 In Your Honor's Order Granting in Part and Denying in Part the FAA's Motion to 

Compel the Respondent to Answer FAA Interrogatories Nos. 2 and 12, dated April 17, 

2014, you ruled that the physical condition of the three aircraft on dates as set out in the 

Complaint are the relevant dates. Therefore, it is the burden of the Complainant to 

conclusively prove that the condition of the three aircraft on May 25, 2010 --months 

after the main landing gears were replaced by AMES -- was the same condition the 

aircraft were in on the relevant dates. 

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on the three aircraft identified in the Complaint,3 including reinstalling and rigging the 

landing gear doors, and specifically noted in its Answer that the landing gear doors that it 

reinstalled were those that were installed on the three aircraft immediately prior to the 

replacement of the MLG. See Answer at'![~[ 4.a.-c. Among other things, AMES 

specifically denied that the reinstallation and rigging of the landing gear doors that it 

performed on the three aircraft in connection with the MLG changes were not 

accomplished in accordance with the B-727 AMM (see Answer 'II 4.d.) and further denied 

that the doors were improperly installed and rigged in that bushings and shims were 

missing from the attach fittings and bushings and shims were misplaced on the attach 

fittings, as the FAA alleged in its Complaint. See Answer 'II 4.e. 

III. The Burden of Proof and Summary Judgment Standard 

The FAA bears the burden of proof in this and every other civil penalty matter. 

14 C.F.R. § 13.224. A decision can be rendered in favor of the FAA only if the ruling is 

supported by and in accordance with reliable, probative and substantial record evidence. 

14 C.F.R. § 13.223. The FAA has not and cannot meet its burden and hence, disnaissal of 

the Complaint against AMES is appropriate at this juncture of the proceeding. 

Summary judgment is appropriate when "the movant shows that there is no 

genuine dispute as to any material fact and the movant is entitled to judgment as a matter 

of law." Fed. R. Civ. P. 56(a). This is the same standard used in§ 13.218(f)(5) of the 

Rules of Practice. Of course, a requirement that there be no "genuine issue as to any 

material fact" does not mean that summary judgment is inappropriate if there is some 

dispute as to any fact. "By its very terms, this standard provides that the mere existence 

3 The specific dates that AMES completed the MLG changes on the three aircraft are 

stated in the table above and shown in Exhibit 4. 

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of some alleged factual dispute between the parties will not defeat an otherwise properly 

supported motion for summary judgment; the requirement is that there be no genuine 

issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). 

Rule 56 "mandates the entry of summary judgment against a party who fails to make a 

showing sufficient to establish the existence of an element essential to that party's case, 

and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 

477 U.S. 317,322 (1986). 

As noted, the Rules of Practice provide that the administrative law judge can rule 

in a party's favor "only if the decision or ruling is supported by, and in accordance with, 

the reliable, probative, and substantial evidence contained in the record." 14 C.F.R. § 

13.223. The case law establishes that Complainant can use circumstantial evidence to 

sustain its burden of proof and, in some instances, circumstantial evidence can be viewed 

as reliable, probative, and substantial. See Hampton Air Transport Systems, Inc., FAA 

Order No. 97-11 at 4 (Feb. 20, 1997) (citing In the Matter of America West Airlines, FAA 

Order No. 96-3 at 31 (Feb. 13, 1996) (referring to certain circumstantial evidence as 

"strong")). That Complainant can use circumstantial evidence does not, however, obviate 

the requirement in the Rules of Practice that the evidence presented by the FAA to 

sustain its burden of proof must be "reliable, probative and substantial." 

For example, when there is a substantial period of time between the alleged 

violations and their discovery, the case law establishes that the circumstantial evidence 

must be closely examined to determine its sufficiency to establish the violations charged. 

In Administrator v. Lewis, NTSB Order EA-1177, 3 NTSB 1241, 1978 NTSB LEXIS 51 

(Aug. 17, 1978), the Board held that "when the gap in time between the alleged violations 

- 8 -
and their discovery is as long as 14 months, the record will be carefully scrutinized to 

insure that the quality of the evidence presented by the Administrator is sufficient to 

establish the reasonable inference that the deficient condition also existed at the time of, 

and resulted from, the respondent's earlier repair and/or inspection." ld at* 16-17. In 

Lewis, the Board found that the record provided "only a tenuous and circumstantial 

connection between respondent's acts and deficiencies noted 14 months later" and 

concluded that given the substantial amount of elapsed time "the Administrator has not 

borne the burden by the requisite substantial, reliable, and probative evidence." !d. 

In the Matter of Florida Propeller & Accessories, Inc., FAA Order No. 97-32, 

1997 FAA LEXIS 1280 (Oct. 8, 1997) is another example of a case that was dismissed 

where the circumstantial evidence was found to be insufficient to meet the FAA's burden 

of proof. In that case, the FAA Administrator affirmed the initial decision of the 

Administrative Law Judge dismissing a complaint alleging that Florida Propeller 

approved an aircraft propeller for return to service with blades that were worn too thin. 

See id at 1. The FAA argued in Florida Propeller that it was impossible for the blades to 

wear down so much in the short time that had passed since Florida Propeller's overhaul 

and therefore, according to the FAA, Florida Propeller must have retuned the propeller to 

service with undersized blades. See id at 4. In that case, the airplane had logged 125 

hours of flight time on approximately 120 flights between Florida Propeller's overhaul 

and the discovery of the undersized blades, and 46 days passed from the date the aircraft 

owner reinstalled the propeller on the aircraft after Florida Propeller's overhaul until the 

date the owner removed the propeller to have other maintenance performed that resulted 

in the discovery of the undersized blades. See id at *5, n. 10. 

- 9-
The Administrator explained that "[t]he law judge noted that Complainant's 

witnesses testified that it would be extremely rare for a propeller 'to go below its 

measurement limits ... in so short a time.' At the same time, however, the law judge 

found credible the testimony of the Florida Propeller mechanic that he had measured the 

blades during the overhaul and each blade was at tolerance." ld at *6. The Administrator 

stated that "[a]ccording to the law judge 'just enough time [had] passed and ... flights 

[had] occurred in wintery conditions' that he felt compelled to rule in Florida Propeller's 

favor." ld. The Administrator upheld the administrative law judge's decision because the 

law judge found credible the Florida Propeller mechanic's testimony that he measured the 

propeller blades and they were not undersized at the time of the overhaul and because the 

expert testimony in the record did not take into account the harsh, wintery weather in 

which the propeller operated. See id at *11-12. 

In this case, we have the testimony of the FAA Inspector who admits that his 

findings are based on long after-the-fact observations of three aircraft that were worked 

by AMES two to nine months earlier.4 See Exhibit 2 (Lipinski Tr. at 203) 5 The 

Inspector also admitted that he never saw any of the aircraft with the flying doors actually 

closed, which is necessary to prove whether or not the doors proper! y faired -- his 

underlying charge against AMES. See id (Lipinski Tr. at 203); Exhibit 3 (Becker Tr. at 

71). The personal testimony of the AMES witness, with actual knowledge of AMES 

investigation of the FAA allegations, explained that each documented corrective action 

4 The shortest interval between the MLG change and the FAA inspection (64 days) is 18 

more days than were in issue in Florida Propeller. 

5 The gap between the MLG changes and the FAA's inspection on May 25, 2010 was 

referred to during the Lipinski and Becker despositions as being between two and nine 

months. However, as documented in Exhibit 4 and shown in the table on page 3 above, 

the actual! gap was between two months and almost 10 months. 

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taken was of a minor nature typical of the impact of normal wear and tear on the aircraft 

over the intervening months. Further, the AMES official testified that in one important 

case, an intervening tire change by the operator was more likely the reason why the FAA 

found a tubular bushing (sometime referred to as a bearing) associated with the flying 

door mechanism was missing and that the AMES mechanic who originally performed the 

work specifically recalled installing the tubular bushing/bearing. See Exhibit 3 (Becker 

Tr. at 123-127). 

In other words, the FAA's allegations are based on an FAA inspection that was 

too remote in time from the original maintenance to be probative, and the minor nature of 

the needed corrective action indicates that the forces of normal wear and tear on the 

aircraft, for which AMES, a repair station, cannot be held responsible, explain the 

condition of the aircraft at the time of the FAA inspection. The careful analysis of the 

evidence called for by the decision in Administrator v. Lewis precludes simply accepting 

the unsupported conclusions of the FAA Inspector who does not even attempt to explain 

away the obvious affects of wear and tear on the flying door structures. Your Honor can 

dismiss the Complaint even at this stage of the proceeding because the weight and quality 

of the FAA's evidence is simp! y not strong enough to rise to the level of reliable, 

probative and substantial evidence. 

IV. Statement of Undisputed Facts 

The parties do not dispute that (I) on or about March 2010, AMES replaced both 

MLG, including reinstalling and rigging the landing gear doors, on CCIA's B-727 aircraft 

registration no. N287SC; (2) on or about August 2009, AMES replaced both MLG, 

including reinstalling and rigging the landing gear doors, on CCIA' s B-727 aircraft 

- ll -
registration no. N899AA; and (3) on or about October 2009, AMES replaced both MLG, 

including reinstalling and rigging the landing gear doors, on CCIA's B-727 aircraft 

registration no. N898AA. See Complaint at ~I'll 4.a.-c.; Answer at '1['1[ 4.a.-c. More 

specifically, A.\1ES completed changing the MLG on aircraft N287SC on March 22, 

2010, completed changing the MLG on aircraft N899AA on July 31, 2009 and completed 

changing the MLG on aircraft N898AA on September 29, 2009. See Exhibit 4; Exhibit 1 

(EIR, Section Bat 3)(describing the MLG changes as occurring during July 2009, 

September 2009 and March 2010). Further, it is uncontested that in connection with the 

MLG changes AMES performed on these dates that AMES reinstalled on each of the 

three aircraft the original landing gear doors that had been on the aircraft immediately 

before the MLG changes and signed off the work citing the AMM steps applicable to the 

reinstallation of the existing doors. See Answer at '\I'll 4.a.-c. 

The FAA concedes that the work packages show that AMES reinstalled and 

rigged the landing gear doors on the three aircraft in accordance with section 32-11-00 of 

the B-727 AMM (in the case of N898AA and N287SC) and SectionAL (in the case of 

N899AA). See Exhibit l(EIR, Section Bat 5-6). Moreover, the FAA cannot reasonably 

dispute that paragraph AL(19) is included within Section 32-11-00 of the AMM or within 

subsection AL (the provisions of the AMM AMES referenced when signing off on the 

work) and that paragraph AL(19) directs mechanics to refer to section AMM 32-12-

111501 to adjust and rig the landing gear door when being reinstalled in connection with a 

MLG change. See Exhibit 5 (AMM Section 32-11-00, Page 423). Although the FAA 

contends that AMES should have followed the procedures in Section 32-12-11/401 of the 

AMM, the FAA is unable to point to a single reference in Section 32-11-00 or 32-12-

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111501 of the B-727 AMM that directs mechanics to use Section 32-12-111401 to 

· reinstall and rig the flying doors when being accomplished in connection with a MLG 

change. See Exhibit 2 (Lipinski Tr. at 28-36). Indeed, the FAA admits that paragraph 

AL(l9) directs the mechanic to Section 32-12-111501 and not to Section 32-12-111401 

(see id (Lipinski Tr. at 28-29)) and that there is no cross-reference in Section 32-12-

11/501 to Section 32-12-111401. See id (Lipinski Tr. at 33). 

In addition, the FAA Inspector admits that it he did not see any of the three 

aircraft when AMES changed the MLG on the aircraft on July 31,2009, September 29, 

2009 and March 22, 2010. See id (Lipinski Tr. at 202-203 ). The FAA Inspector also 

admits that he did not see the three aircraft until his surveillance on May 25, 2010-

anywhere from two to nine months after AMES performed the MLG changes. See id 

(Lipinski Tr. at 203-204). The FAA Inspector further admits that he did not see any of 

the three aircraft after they were returned to the AMES facility for corrective action, that 

he did not see gear swings conducted on the aircraft (which is necessary to determine if 

the doors were out of rig (Exhibit 3 (Becker Tr. at 71)), and that he did not at any time 

actually see how the doors faired (i.e., how they actually tucked smoothly into the 

fuselage stmcture). See Exhibit 2 (Lipinski Tr. at 203 ). 

Further, it is undisputed that CCIA conducted extensive operations with the three 

aircraft between the time AMES performed the MLG changes and the time the FAA 

viewed the aircraft on May 25, 2010. As noted above, CCIA operated N287SC for two 

months between the time AMES completed the MLG change on March 22, 2010 and the 

FAA's surveillance of the aircraft on May 25, 2010; CCIA operated N898AA for almost 

eight months between the time AMES completed the MLG change on September 29, 

- 13 -
2009 and the FAA's surveillance of the aircraft on May 25'h; and CCIA operated 

N899AA for almost 10 months between the time AMES completed the MLG change on 

July 31, 2009 and the FAA's surveillance of the aircraft May 25'h. It is further 

undisputed that during this time the landing gear on N287SC were extended and retracted 

344 times (172 complete cycles); the landing gear on N898AA were extended and 

retracted 1,256 times (628 complete cycles); and the landing gear on N899AA were 

extended and retracted 1,568 times (784 complete cycles). Indeed, even Inspector 

Lipinski admits that after AMES pedormed the MLG changes that all three aircraft 

"operated continuously" and "for many months and cycles." Exhibit 1 (EIR, Section B at 

3 (noting that N899AA had 784 cycles amassed, N898AA had 628 cycles amassed, and 

N287SC has 172 cycles amassed)). Incredibly, however, the FAA Inspector denies that 

wear and tear could have played any role in the condition of the flying doors as he found 

them on May 25, 2010. See Exhibit 2 (Lipinski Tr. at 204-205). 

V. Argument 

A. The Evidence Shows that the Flying Doors Were Properly Installed bv AMES 

and No Bushings or Shims Were Missing or Misplaced 

The FAA lays out its case against AMES through Inspector Lipinski's Statement 

of the Case and Factors Affecting Sanction designated as Section B of the FAA-compiled 

Enforcement Investigation Report ("EIR"). See Exhibit 1. The EIR contains many 

source documents relied upon by the FAA to document its case. Each grouping of 

documents is assigned an Item of Proof number. Three such Items of Proof consist of the 

AMES maintenance records (referred to as "work packages") documenting the work 

associated with the change of the main landing gear, right and left, and reinstallation of 

the flying doors as to all fhree aircraft. The records are detailed allowing anyone to 

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determine which mechanic performed and signed off the work, along with the identities 

of those who performed additional required inspections (so-called "RII" inspections). 

Section B of the EIR states at pages 5-6 that the work packages demonstrate that 

the landing gear changes, including the reinstallation of the flying doors, was signed off 

by reference to AMM section 32-11-00 or SectionAL in the case of each aircraft and 

with respect to the right and left main landing gears that were replaced. See Exhibit l 

(EIR, Section B at 5-6). Although the Inspector states that AMES apparently skipped 

rigging the flying doors because the documents do not reference the steps in AMM 

Section 32-12-ll/401 (see id (EIR, Section B at 6), he otherwise states that in every case 

there were sign offs of the work completed in accordance with AMM Section 32-11-00 

including step AL. See id (EIR, Section Bat 5-6). Step AL(l9) refers the mechanic to 

AMM section 32-12-11/501 (Exhibit 5 at Page 423), which includes the reinstallation of 

the previously removed flying door (necessary to change the landing gear) and the 

rigging of the reinstalled doors 6 Respondent need not burden this Motion by including 

copies of each of the work packages since the FAA is not contesting the fact that in each 

case AMES signed off having completed Step AL (1) through (19). 

And there was also included in the EIR another set of work packages consisting of 

the documents used by AMES to document the FAA Inspector's observations about the 

condition of the flying doors at the time of the May 25, 2010 inspection conducted in 

Toledo. Other documents in these Items of Proof contain the AMES descriptions of the 

work required to correct for any of the FAA-observed discrepancies and the steps taken 

by AMES to correct them (so-called "corrective action") once the aircraft were return to 

6 AMES addresses in Section V. B. of the Motion the significance of the different 

references in the AMM to Sections 401 and 50 l. 

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the AMES facility and given a thorough inspection. Copies of these three work packages 

documenting the corrective action taken by AMES when the aircraft were returned to its 

Wilmington, Ohio facility in late May 2010 are attached hereto and assigned Exhibits 7, 8 

and 9. 

As stated above in the Introduction, AMES has vigorously defended its position 

in this matter because, among other factors, the corrective action as reflected in these 

Exhibits and as testified to by Mr. Jeffrey Becker, AMES Director of Quality Assurance 

and Training, only required minor type repairs, meaning that whatever deficiency was 

noted would not jeopardize airworthiness by definition. See Exhibit 3 (Becker Tr. at 

1 02). In turn, this supports the AMES position that whatever "damage" was observed by 

Inspector Lipinski, it was related to, given the documented substantial passage of time, 

expected and obvious wear and tear on the flying door structures and attach fittings and 

not due to any mis-installation of the flying doors when the landing gears were changed 

out months earlier7 

FAA counsel took the deposition of Mr. Becker and asked him about each of the 

steps taken by AMES in late May, 2010 when the three aircraft were returned to AMES's 

Wilmington facility to address all FAA-noted discrepancies. Mr. Becker's testimony is 

7 In many cases, Mr. Lipinski exaggerated the extent of the "damage" to the flying doors, 

but the AMES records indicting the steps necessary to correct for the "damage" on the 

AMES forms, signed by individual mechanics and Rll inspectors putting their FAAissued licenses on the line when doing so, are the best evidence of the condition of each 

of the aircraft at the time of the FAA's May 2010 inspections. (As noted, Inspector 

Lipinski never saw any of the three aircraft either before or after the May 2010 

surveillance including the time they were in Wilmington for repairs, nor did he ever 

witness a gear swing to determine if the doors were faired. See Exhibit 2 (Lipinski Tr. at 

203-204). In any event, the repairs were affected and the aircraft were returned to the 

operator, CCIA, and the FAA has not alleged that this follow-up maintenance to address 

wear and tear was incorrect or inadequate. 

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highly instructive because he states that either the discrepancies were inaccurately stated, 

or if stated correctly, required only minor maintenance to address. In so stating it must be 

noted that Mr. Becker personal! y inspected each of the aircraft when they were flown to 

AMES after the Toledo inspections. See Exhibit 3 (Becker Tr. at 75). Mr. Becker saw 

the aircraft on a daily basis while they were at the AMES facility and coordinated with 

the customer's Director of Maintenance making sure to address all of the issues raised by 

the FAA and any additional customer-requested action. See id (Becker Tr. at 75-76). 

When asked by FAA counsel if, when the FAA inspected the aircraft, the doors were out 

of rig, he noted that no one could possibly know the "rig of the door unless you swing the 

gear" to determine if the flying door was properly faired. ld (Becker Tr. at 71 ). As to 

this important point, Inspector Lipinski admitted that he never saw gear swings on any of 

the three aircraft when the landing gears were earlier changed out by AMES; he admitted 

he never saw the aircraft at any time thereafter until he did so on May 25, 2010 or 

thereafter when the aircraft were flown to AMES; or afterward when AMES took all 

necessary corrective action, including conducting gear swings, to confirm whether the 

doors faired. See Exhibit 2 (Lipinski Tr. at 203-204). Lipinski's inspection was 

conducted on three static aircraft never once observing a gear swing to determine (by the 

only conclusive means of doing so) whether the flying doors were faired or not. These 

facts alone are sufficient to grant this Motion as the FAA's evidence simp! y does not rise 

to the level of being sufficiently reliable, probative and substantial. 

As noted above, the FAA has alleged that the flying doors were improperly 

installed by AMES specifically because bushings and shims were missing from the attach 

fittings and bushings and shims were misplaced on the attach fittings. See Complaint at 

- 17-
~['![4.d.-e. So the question is, do any of the documents reflecting AMES cmrective 

actions refer to either missing or misplaced bushings and shims and, if so, is the fact that 

they were missing or misplace attributable to AMES. If not, then the Complaint must be 

dismissed. 

The reason for the emphasis on missing bushings and shims seems to trace back 

to the Toledo inspection when Mr. Lipinski and Mr. Becker were inspecting the aircraft. 

Mr. Lipinski made the point with Mr. Becker that the washers installed on the forward 

hinge should also have been installed on the aft hinge of aircraft N287SC. See Exhibit 3 

(Becker Tr. at 70). The conversation between the Inspector and the AMES representative 

resulted in AMES photographing the forward and aft hinge assemblies while in Toledo 

showing washers and shims inserted in the forward hinge but not the after hinge. Exhibit 

12 are pictures of first the forward and then aft hinge assemblies. Mr. Becker testified 

that while he did not expect the Inspector to have memorized the AMM provisions 

regarding the installation of spacers, (and nor should he have expected the AMES 

representative to have it memorized) it turned out that the AMM did not call for washers 

or shims in the aft hinge even though the Inspector mistakenly stated his opinion in 

Toledo that washers should also have been installed on the aft hinge. 8 See Exhibit 3 

(Becker Tr. at 71) 9 In other words, there were no "missing" or "misplaced" washers on 

N287SC when viewed carefully in relation to the requirements of the AMM. 

8 In Section B, page 2 the Inspector criticizes the AMES representatives in Toledo for not 

being sufficiently familiar with section 32-11-00 of the AMM. See Exhibit 1. In this 

instance it turned out that the FAA Inspector was also unaware of the details of the AMM 

frocedures. 

AMM 32-11-00, step AL(2) on Page 422 states "Insert washers between lugs of the 

forward hinge". There is no similar instruction regarding aft hinge spacers. Exhibit 5. In 

- 18 -
Futther, with respect to N287SC, the only reference in the AMES rework package 

to a missing part is to a missing "stop strip" on the right hand flying door that was 

replaced, Exhibit 7 (Work Order Zone Item 0006), However, in the case of the right 

hand flying door, as testified to by Mr, Becker, there was intervening maintenance 

(replacement of landing gear outer cylinder) on the right hand main landing gear that was 

signed off by the aircraft operator a month before the Toledo inspection, See Exhibit l 0; 

Exhibit 3 (Becker Tr, at 100), This intervening maintenance makes it impossible to 

attribute the missing "stop strip" to the actions of AMES, putting aside the impact of 

wear and tear on the structure, In pressing its case, the FAA should have taken into 

account the legal and factual implications of this intervening maintenance by a party 

other than AMES, 

As to all of the other corrective action taken on N287SC, Mr, Becker was asked 

by FAA counsel about each of the noted discrepancies and the corresponding corrective 

action, See Exhibit 3 (Becker Tr, at 93, 97-103), In summing up the discussion of the 

various corrective actions taken by AMES to correct any deficiencies, Mr, Becker 

responded to FAA counsel's question as follows: 

Q, Okay, Would it be fair to say that, setting aside the pinched conduit [discussed 

below], your opinion would be that almost all of that work was not something 

that was necessary to be done but was either minor or cosmetic? 

A, All those items are either wear and tear or customer requests, 

Exhibit 3 (Becker Tr, at 102-103), 

fact, no washers are to be installed between the aft hinge and lug despite Inspector 

Lipinski's incorrect knowledge of the AMM, 

- 19 -
Although not reflected in the AMES rework package, the FAA alleges in Section 

B at pages 1 and 4 of the EIR, Inspector's Lipinski Statement of the Case, that AMES 

failed to install a required bushing (sometimes referred to a the tubular bushing or 

bearing) when it replaced the main landing gear on N287SC and signed off the work on 

March 22, 201010 This FAA conclusion was based on the fact that the bushing was 

found not to be in place on April18, 2010 when the landing gear was the subject of a 

needed (and unrelated) repair, However, three days after the gear change was 

accomplished by AMES on March 22, 2010 and the aircraft was back in line operations, 

an outboard tire was changed by CCIA. See Exhibit 11 (CCIA Aircraft Technical Log 

Report). ML Becker testified that the bearing very likely fell out when the flying door 

was moved out of the way to facilitate the tire change. See Exhibit 3 (Becker Tr, at 42-47 

and 124). This happens when a bolt holding the bearing is removed as a short cut for 

allowing the flying door to be moved out of the way thereby providing needed clearance 

to remove the aircraft tire. Using this short cut the bearing may fall out and not be 

noticed. 

ML Becker was questioned on the subject and noted that when he had previously 

had the matter investigated, the mechanic who performed the original gear change stated 

that he specifically recalled replacing the subject bushing at the time. See Exhibit 3 

(Becker TL at 125-127). Further, ML Becker stated that if the bearing had been missing 

when AMES accomplished the gear change, it would have been uncovered at the time of 

the gear swing and no deviation was noted. See id (Becker Tr, 126). Similarly, the effect 

10 Significantly, Inspector Lipinski makes no similar finding in the EIR with respect to 

N898AA and N899AA even though this is the crux of the FAA's case as stated in its 

Complaint. See Complaint at 1['ll 4.d.-e. 

-20-
of the missing bearing would have been felt immediately after the aircraft was returned to 

service and it was not. See id (Becker Tr. 126). Indeed, CCIA complimented AMES on 

the thoroughness of its work on N287SC when the aircraft was turned back over to 

CCIA. See id (Becker Tr. 126) and Exhibit 13. In short, despite the Inspector's 

statement in Section B at page I of the EIR (Exhibit!) (and the statement of CCIA in 

response to the FAA Letter of Investigation) attributing the missing bushing to AMES, 

the much more likely scenario is that this intervening maintenance was causative. 

Indeed, whether it was causative or not, the documented intervening maintenance in and 

of itself undercuts the FAA's theory that it can prove a violation based on circumstantial 

evidence alone. 

One last note on aircraft N287SC. Much attention was focused upon the right 

hand main landing gear antiskid conduit that the Inspector claimed was "crushed" 

(Exhibit I (Section B of EIR at 2) but that a picture shows to have only been "pinched" 

according to Mr. Becker. See Exhibit 14 (picture of conduit); Exhibit 3 (Becker Tr. at 

52). Mr. Lipinski's willingness to exaggerate the description of the conduit is indicative 

of his approach to this case.

11 See Exhibit 3 (Becker Tr. at 56-57). Mr. Becker was clear 

in his testimony that the landing gear with the conduit already clamped into position was 

supplied to AMES from the CCIA landing gear vendor. AMES did not supply, assemble 

or build up the MLG components. AMES was contracted to install the landing gear 

supplied to it by the landing gear vendor identified by Mr. Becker as ATI. See id (Becker 

Tr. at 58). This firm unfortunately misrouted the conduit at the time and the MLG 

11 Describing the conduit as "crushed" would suggest the wires running inside the 

conduit were damaged but such was not the case as there were no pilot reports of any 

issues with the aircraft's antiskid system. See Exhibit 3 (Becker Tr. at 56-57). 

- 21 -
assembly was installed as it was given to AMES to do so. See id (Becker Tr. at 57-58). 

Mr. Lipinski is all too willing to attribute any finding of a deficiency to AMES even in 

the absence of any proof of AMES having secured the conduit in place. 

Mr. Becker was also asked about the records for aircraft N899AA. At the outset, 

Mr. Becker noted that this aircraft had been in operation for nine months prior to the 

FAA Toledo inspection and in that time AMES never received any complaint from CCIA 

that there were any in service problems relating to the new landing gear or the operation 

of the flying doors. 12 See Exhibit 3 (Becker Tr. at 109-110). Nor, during that period was 

AMES responsible for the daily operation of the aircraft. As to whether or not any 

components were found to have been "missing" or "misplaced," there were four nonroutine cards (Work Order Zone Items 03, 04, 09 and 011) that noted "improper hardware 

stack up". 13 See Exhibit 9. Although this reference does not necessarily imply any 

misplaced bushings or shims, were it to be so interpreted, AMES notes that the 

maintenance records reveal that on closer inspection the stack ups were found to be 

acceptable with the notation "verified hardware" meaning the stack ups were as required. 

Exhibit3 (BeckerTr. at 113-114). 

There was a reference in the non-routine record, item 014 to missing cotter pins. 

Mr. Becker carefully explained that the pins were noted as not being installed after 

AMES had addressed certain gimbal fittings that required corrective action when the 

aircraft had been returned to the AMES facility. See Exhibit 3 (Becker Tr. at 118-120). 

The aircraft never flew after the landing gear change almost 10 months earlier with 

12 Not being the operator of the aircraft, AMES has no detailed information regarding the 

operations and maintenance of the aircraft over that extended period of time. 

13 A "stack up" refers to a series of different width washers and shims that are combined 

to fill gaps, in this case, between the aft hinge and lugs. 

- 22-
missing cotter pins although Mr. Lipinski was all too willing to argue such was the case 

not taking the care necessary to understand the sequence of events. 

FAA counsel asked Mr. Becker about each of the mechanic logs and related 

documents regarding the third aircraft-- N898AA. This aircraft had been in line 

operations for almost eight months before the FAA May 25,2010 inspection when 

Inspector Lipinski made his findings. As the case with the other two aircraft, during that 

time AMES was not in control of the aircraft. See Exhibit 3 (Becker Tr. at 132). In any 

event, Mr. Becker explained each of the steps taken by AMES to perform corrective 

action to address both FAA noted discrepancies and to be responsive to the requests of 

the customer, CCIA. Often AMES took the most expedient methods to correct a 

situation, such as replacing a flying door rather than re-rig the existing door. See id 

(Becker Tr. at 137). Importantly, none of the "write-ups" and the corresponding 

corrective action suggest the original maintenance performed by AMES was suspect. 

Rather, the affects of wear and tear were observed, and as noted, AMES, not being the 

aircraft operator, was not in a position to observe the flying doors during the almost eight 

months of line operations. See id (Becker Tr. at 127-142). 

The only hardware noted as being "missing" in the N898AA non-routine work 

documents were two missing screws and one missing fastener. See Exhibit 8 (Work 

Order Zone Items 0017 and 0018). There is no indication that Inspector Lipinski 

actually saw these small items as being missing but in any event, their missing status can 

readily be explained by the action of months of operational wear and tear. Exhibit 3 

(Becker Tr. at 86, I 00, 103). Apart from these few missing items, all of the other 

corrective action taken on N898AA was consistent with the action of normal wear and 

- 23-
tear on the flying door structure or when the customer asked AMES to make the aircraft 

"like new" which then drove AMES to replace parts that may have shown wear but not to 

the point that the hardware required replacement. ld (Becker Tr. at 76, 86, 133). Again, 

as with N899AA, there is no evidence that any bushings or shims were missing or 

misplaced on N898AA 

Another item the FAA highlights to attempt to show AMES did not follow the 

AMM relates to the need to reposition "swivel clamps" on the left hand landing gear on 

N898AA that were incorrectly positioned and that perhaps could be characterized as 

having been "misplaced" although these clamps cannot be said to be misplaced bushings 

or shims. See Exhibit 8 (Work Order Zone Item 0022). Mr. Becker explained that the 

supplier of the landing gear to CCIA mis-positioned the clamps. AMES would not have 

located or changed the position of the swivel clamps when it installed the landing gear. 

See Exhibit 3 (Becker Tr. at 145). Mr. Becker explained the significance of the fact that 

the corrective action was signed off by reference to the landing gear overhaul manual and 

not the AMM landing gear replacement section indicating that the clamps were not part 

of the gear replacement process. See id (Becker Tr. at 145). In any event, swivel clamps 

are not "bushings or shims" that the FAA Complaint alleges that were misplaced. 

B. AMES Properly Signed Off on the MLG Changes and Used the Required 

Sections of the AMM to Install and Rig the Landing Gear Doors 

The FAA maintains in the EIR that AMES "did not follow the approved Capital 

Aircraft Maintenance Manual (AMM)'' in connection with the MLG changes on the three 

B-727 aircraft and that the "referenced AMM chapters were incorrect for the maintenance 

actions[]" performed by AMES. Exhibit l (EIR, Section B at 2). This statement appears 

to be support for the allegations in sections 6.a and c. of the Complaint in which the FAA 

-24-
alleges AMES failure to use the applicable AMM when performing the landing gear 

change and reinstallation of the removed flying doors. If, in fact, AMES followed the 

dictates of the AMM then the violations to sections 43.13(a) and 145.205(a) that the FAA 

alleges in sections 6. a and c. of the Complaint must be dismissed. 

With respect to the MLG changes AMES initial! y performed on each of the three 

B-727 aircraft, the FAA explains that the work packages for each aircraft "show the 

maintenance actions completed, the Rll inspections completed, and the AMM references 

used." Exhibit 1 (EIR, Section B at 5-6). The FAA acknowledges for each aircraft that 

"AMM section 32-11-00 is shown" in the aircraft work packages but states that "AMM 

section 32-12-11 is not and that section is required for MLG and Flying Doors rigging as 

well as Rll Inspection steps." ld. The FAA correctly states in the EIR that "[t]he 

requirement to utilize AMM section 32-12-11 [to adjust and rig the flying doors] is listed 

in AMM section 32-11-00 Step 5, Section AL(19) .... " I d. Since the FAA has not 

disputed that each of the work packages shows that the MLG changes were completed in 

accordance with section AL or AMM Section 32-11-00, and section AL(19), which 

addresses the adjustment and rigging of the flying doors is included within these 

provisions, is was not necessary to separately list AMM section 32-12-11 in the 

documentation. 

In addition, the FAA is most certainly wrong is in its assertion on page 6 of the 

EIR that mechanics are required to "use paragraph 4 steps ... for installation including 

figure 401 entirely .... "when the original flying door is being re-installed on the aircraft 

after a MLG change. To the contrary, AMM section 32-11-00 Step 5 (Installation Main 

Landing Gear), Section AL(l9) explicitly states "Adjust (rig) wing door (AMM 32-12-

-25-
11/501)." Exhibit 5 (AMM Section 32-11-00 at Page 423(emphasis added)). Thus, when 

the original flying door is being reinstalled on the aircraft after a MLG change, as was 

invariably the case with respect to the initial MLG changes AMES performed for CCIA, 

the mechanic is unambiguously directed to Page 501 of the AMM titled "Main Gear 

Wing Door- Adjustment/Test" for instructions on how to adjust and rig the flying doors. 

See Exhibit 6. Nowhere in AMM section 32-11-00 is the mechanic directed to or 

required to use the steps in 32-12-11, paragraph 4 to re-install the flying door after a 

MLG change as the FAA claims in the EIR. Inspector Lipinski concedes this point. See 

Exhibit 2 (Lipinski Tr. at 33). Further, as Jeffrey Becker explained during his deposition, 

"[i]f the flying doors are removed and replaced consistent with the landing gear change, 

then, no, you do not use Section 401." Exhibit 3 (Becker Tr. at 192-193). Moreover, Mr. 

Becker's position is supported by AMM section 32-12-11, paragraph 1., A. which 

describes the instructions found on pages 401 through 408 of the AMM for removal and 

installation ofthe flying doors as applying to "routine removal" (see Exhibit 6 (AMM 

Section 32-12-11, paragraph 1., A.)) and not removal and installation of the flying doors 

to accommodate the replacement of the landing gear, which is addressed in AMM 32-12-

11/50114 

14 To be sure, AMM 32-12-11/50 I (Exhibit 6) does indeed include detailed information 

for mechanics regarding the degree to which the landing gear doors should be faired. For 

example, paragraph 1, I. of AMM 32-12-11/501 states "[i]f door is more than 0.05 inch 

above or 0.20 inch below wing contour, adjust actuation rod until door fairs within above 

limits[]" and paragraph 1, K. states "[i]nstall and adjust forward upstop bumper until 

wing door fairs within± 0.06 inch with wing contour." AMM 32-12-11/501 goes on to 

instruct mechanics in paragraphs 1.L. and 1.M. to suspend weight from the inboard end 

of the door and then to "[s]horten door actuation rod until sag at forward inboard corner 

of door is 0.15 ±0.05 inch." Finally, paragraph l.S. requires the mechanic to "[a]dd or 

remove shims from under safety stops until bottom of end plate clears bumper plate of 

outboard wheel door by 0.05 inch" and paragraph 1. T advises the mechanic that "[g]ap 

-26-
Inspector Lipinski asserts, however, that AMES should also have referenced 32-

12-ll/401 in order to complete the process of installing and rigging the flying doors. See 

Exhibit l (EIR Section B at 6); Exhibit 2 (Lipinski Tr. at 33-34). His authority for this 

position is that "Boeing [the aircraft manufacturer] assumes that you [the mechanic] ... 

know how to go to the rigging section to put these shims in and out." Exhibit 2 (Lipinski 

Tr. at 32). Inspector Lipinski makes this bold assertion even though he spoke with no 

one at Boeing to know what Boeing assumed when drafting the B-727 AMM (see Exhibit 

2 (Lipinski Tr. at 32)) and there is no support for his position in the AMM itself. His 

claim is also based on his statement and that "anybody that qualified on a 72[7] knows to 

go to that section. Jd (Lipinski Tr. at 33). Everyone perhaps that is except Boeing, 

whose AMM does not direct the mechanic to any sections of paragraph 4 of 32-12-11. 

Consequently, his assertion that AMES naissed a step when rigging the flying doors rings 

hallow and lacks any objective support in the provisions of the AMM. Inspector Lipinski 

may not like how the B-727 AMM instructs mechanics to adjust and rig the flying doors 

when done in connection with MLG changes, but his personal opinion does not and 

cannot override the clear provisions of the applicable AMM. The AMM is a Boeingdeveloped document approved by the FAA for use by entities perfornaing maintenance on 

B-727 aircraft. CCIA adopted the Boeing AMM as its controlling document. See Exhibit 

l (EIR, Section B at 2 and 9). If the FAA thinks the instructions contained in the AMM 

are inadequate for some reason, it is incumbent on the agency to order the manual be 

between edge of door and adjacent structure to be within 0.10 and 0.25 inch[]" and that 

the "[g]ap between hinge line and flap track to be between 0.18 and 0.35 inch." Thus, 

AMM 32-12-111501 can hardly be read as failing to provide guidance to mechanics on 

the manner and degree to which landing gear doors should be faired when reinstalled in 

connection with MLG changes. 

-27-
revised. But that is no basis for taking enforcement action against a repair station that 

does as instructed by following the sequence of steps called out in the applicable sections 

of the AMM. Accordingly, sections 6.a. and c. of the Complaint should be dismissed 

because as a matter oflaw, a certificate holder cannot be held to an unpublished standard 

assumed to exist in the opinion of a single FAA Inspector. This is particularly so since 

the Inspector, over a long period of time, evidenced a bias against AMES and the 

decision of CCIA to use its services as described in Section C. below. 

C. The Principal FAA Inspector Pursued This Enforcement Action Against AMES 

Because of his BiasToward the Repair Station 

Declarations submitted by representatives of CCIA, the AMES customer, and its 

parent company, Air Transport Services Group, Inc. ("A TSG") show that Inspector 

Lipinski, made intemperate and inflammatory statements regarding CCIA' s decision to 

use the services of AMES. First, when the Inspector was at the AMES facility in 

Wilmington, Ohio in 2009 to inspect the repair station to determine if it had the 

qualifications to perform heavy maintenance for CCIA, he complained of the fact that 

CCIA was being forced to use the services of AMES, because AMES and CCIA were 

affiliated companies with a common parent company. His derogatory term was that 

AMES was being forced to use the services of the "mother ship" Exhibit 3 (Becker Tr. at 

63-64 and 67). Mr. Lipinski did not contradict this testimony of Mr. Becker on this point 

saying if he was quoted as having said it, then Mr. Becker's memory on the subject is 

better than his (Exhibit 2 (Lipinski Tr. at 169)) which is hardly a contradiction. Mr. 

Becker also testified that he thought the comments of Inspector Lipinski were 

"unprofessional" and "unusual." Exhibit 3 (Becker Tr. at 65-66). The Inspector even 

went so far to say that he preferred CCIA use the services of Flight Star-- an unrelated 

-28-
repair station. See id (Becker Tr. at 63 and 64 ). Attempting to streer an air carrier from 

one repair station to another specific repair station is far afield from the normal duties of 

an impartial FAA maintenance inspector. 

Apparenlty continuing to be angered by the fact that CCIA was using the services 

of AMES, Mr. Lipinski went even further with his remarks-clearly displaying an 

inappropriate and biased attitude against AMES. Specifically he was quoted by 

representatives of CCIA that he, Inspector Lipinski, was going to "war" with AMES. A 

colleague of Inspector Lipinski corroborated the fact that he called AMES "evil" in a 

meeting between representatives of CCIA and the FAA. See Exhibit 16 (Deposition of 

James D' Arcy, Tr. at 76-78). Lipinski was also quoated as saying he would take "no 

prisoners" and that "shit is going to start" in the context of questioning why AMES was 

still a provider of heavy maintenance services to CCIA going so far as to state his goal is 

to have the AMES certificate suspended and other intemperate and inflammatory 

remarks. 15 Mr. Lipinski's attitude toward CCIA and AMES was so far out of line that 

CCIA and its parent company, ATSG, even took the extraordinary step of formally 

complaining about the Inspector's conduct, recognizing that doing so could pose a risk to 

the working relationship between the carrier and the FAA. 

The Inspector pervasive and deep seated bias, proven by his wholly 

unprofessional and intemperate remarks to representatives of AMES, CCIA and even 

another FAA inspector, are reason enough to dismiss the Complaint as tainted by the 

Inspector's prejudice. However, favorable action on this Motion need not be based upon 

15 The Declarations of James Savastano, John Sullivan and W. Joseph Payne attached to 

Respondent's Opposition to Complainant's Motion to Compel Production and Reply to 

Complainant's Opposition to Respondent's Motion to Compel, dated March 25, 2014, are 

attached hereto as Exhibit 15. 

-29-
this evidence of bias. The fact is that the FAA has not and cannot prove the condition of 

any of the aircraft when AMES first completed the MLG changes because of the passage 

of time, the weakness in the FAA's documentary evidence showing any missing or 

misplace bushings and shims, and the fact that the FAA lacks any support for the 

allegation that the wrong section of the AMM was used by AMES. Hence, the 

Complaint can and should be dismissed with prejudice making it unnecessary at this 

juncture for a specific ruling on the issue of the prejudice of the Inspector. Should the 

Inspector's comments be found to be sufficient to prove prejudice on his part, then this 

would be yet another basis for granting the instant Motion. 

VI. Conclusion 

The FAA's entire case rests on its erroneous assertion that AMES did not follow 

the B-727 AMM when it completed the MLG changes because bushing and shims were 

missing or misplaced as stated in paragraphs 4.d. and 4.e of the Complaint. A review of 

the work packages, however, shows that bushing and shims were not found to be missing 

or misplaced by AMES during any of the MLG changes on the three aircraft. In addition, 

as explained above, AMES followed the correct AMM Section (32-12-11/501) to adjust 

and rig the flying doors in connection with the MLG changes and properly signed off on 

the work. Any flying door discrepancies were minor in nature and the result of months of 

wear and tear on moving structure that operate in a hostile environment. Since the 

undisputed evidence favors the position of AMES and because the FAA is clearly 

mistaken about the quality and weight of the evidence, summary judgment should be 

granted in Respondent's favor. 

- 30-
Dated: January 30, 2015 

Respectfully submitted, 

SILVERBERG GOLDMAN, L.L.P. 

Attorneys for 

AIRBORNE MAINTENANCE AND 

ENGI~G SERVICES 

By: 

Robert 

?~II?UL P. Silverberg, Esq. '7 

1101 30'h Street, N.W. 

Suite 300 

Washington, D.C. 20007 

Tel: (202) 944-3304 

Fax: (202) 944-3306 

Email: rsilverberg@ sgbdc.com 

- 31 -
CERTIFICATE OF SERVICE 

I hereby certify that on this 30'h day of January 2015, I caused the foregoing Motion for 

Summary Judgment to be served by FedEx upon the following: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building 

Suite 2Wl000 

Washington, D.C. 20591 

(Attention: Hearing Docket Clerk, AGC-430) 

Tel: (202) 267-0377 

(original and one copy) 

The Hon. J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (El1-310) 

Washington, D.C. 20590 

Tel: (202) 366-2132 

Fax: (202) 366-7536 

Christopher R. Stevenson, Attorney 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Tel: (404) 305-5200 
Exhibit 1 

Exhibit 2 

Exhibit 3 

E~ibit4 

Exhibit 5 

Exhibit 6 

Exhibit 7 

Exhibit 8 

Exhibit 9 

Exhibit 10 

Exhibit 11 

Exhibit 12 

Exhibit 13 

Exhibit 14 

Exhibit 15 

Exhibit 16 

List of Exhibits 

FAA's Enforcement Investigative Report (EIR), Section B 

Transcript Pages from Deposition of Frank Lipinski taken Dec. 18, 2014 

Transcript Pages from Deposition of Jeffrey Becker taken Oct. 29, 2014 

AMES Documents Showing Dates MLG Changes Completed 

B-727 Aircraft Maintenance Manual (AMM), Section 32-11-00 

B-727 Aircraft Maintenance Manual (AMM), Section 32-12-11 

Work Package Documenting Corrective Actions Taken on Aircraft N287SC 

Work Package Documenting Corrective Actions Taken on Aircraft N898AA 

Work Package Documenting Corrective Actions Taken on Aircraft N899AA 

CClA Log Page Documenting Replacement of Landing Gear Cylinder on 

Aircraft N287SC 

CClA Aircraft Technical Log Report Documenting Tire Change on 

Aircraft N287SC 

Pictures of the Forward and Aft Hinge Assemblies on Aircraft N287SC 

E-Mail Correspondence from CClA VP of Maintenance to AMES 

Complementing AMES on its Work 

Picture of Right Hand Main Landing Gear Antiskid Conduit on Aircraft N287SC 

Declarations of James Savastano, John Sullivan and W. Joseph Payne 

Transcript Pages from Deposition of Richard D' Arcy Taken Oct. 28, 2014 

Exhibit 1 

FAA's Enforcement Investigative Report (EIR), 

Section B 
) 

File Number 2011 S02)1\JQ32 

EIR # 2011S0290032 

SECTIONBSection B, Page 1 

Statement of Case and Factors Affecting Sanction 

Statement of Case 

Summary 

Airborne Maintenance and Engineering Services (AMES) (FAA Certiftcate # ABXROO!A), on 

three occasions performed landing gear changes on Capital Cargo International Airlines (Capital) 

B-727 (N287SC, N899AA, and N898AA) aircraft incorrectly. AMES is a large aircraft 

Maintenance Repair Organization (MRO) located at the Wilmington, Ohio airport. 

AMES has Operations Specifications (Ops Specs) issued for Limited Airframe and Power Plant 

ratings that includes the B-727 aircraft and the associated JT8D engine. AMES is authorized to 

conduct maintenance on Capital B-727 aircraft Capital, at that time had AMES on its Ops Specs 

D-91 paragraph Sub.,tantial Maintenance. Providers list. 

On April 16,2010 a Capital B-727, N287SC took off from the Cincinnati/Northern Kentucky 

International Airport(CVG) and had to return to the airport in an emergency situation due to 

severe in-flight-vibrations above 270 knots. 

The CVG Flight Standards District Office (FSDO) conducted an Occurrence Investigation (Occ # 

OGL05201 00084) and found during their (Assigned Inspector Bobby Evans) investigation that a 

bushing/bearing for the right Main Landing Gear (MLG) had been left out during a MLG change 

on the aircraft. The initial MLG change took place while the aircraft was in a ""C" type inspection 

at AMES on or about 22 March 20 l 0. A subsequent right MLG removal due to warranty repairs 

to the MLG took place on or about April18, 2010 at CVG and the work was performed by 

AMES. The missing bushing/bearing was discovered by Inspector Evans during this removal and 

replacement while he was investigating the occurrence. The bushingfbearing had been left out 

during the initial replacement of the MLG during the "C" Check conducted by AMES. 

The missing bushing/bearing is used for the MLG Wing (Commonly known in the B-727 world 

as the "Flying Door") outer Flying Door actuator fitting. 

The bushing/bearing being left out created a "Loose Door" situation and above 270 knots the 

door buffeted severely against the airframe. 

The CVG FSDO (Inspector Evans) opened an Investigation and sent an LOI (EIR # 

20 l OGL050030) to Capital. 

The response from Capital to Inspector Evans resulted in a Letter of Warning being issued to 

Capital for the incident. 

Subsequent to this incident the Capital Principal M<rintenance Inspector (PM!) conducted 

inspections during the 25-28 May 2010 time frames on the three aircraft that had received MLG 

changes by AMES. The inspections took place at the Toledo International Airport (TOL) during 

routine line station surveillance and the PMl was accompanied by another Capital Certificate 

Management Team (CMT) member (Jack Gasche, AC OPS). The inspections revealed that all 

three aircraft had all Flying Doors (inboard and outboard) installed incorrectly. The improper 

Flying Doors' installations resulted in doors damage, doors attach fittings damage, airframe 

damage, flap track f<riring damage, and door attach fitting covers damage. Associated structures 

included the inboard flap track fairings, Flying Doors attach fittings covers, and wheel well 

fairings. 

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File Number 2011 S02~tJ032 Section B, Page 2 

In addition to the improper installations on all three aircraft N287SC had the wheel brakes anti 

skid conduit on the right N1LG was -improperly positioned to the front of the gear and had been 

crushed by the gear door against the wing mating surface. 

The MLG Doors were ail obviously out of rig. 

The findings were reported to the Capital Maintenance department at TOLand the aircraft had to 

be removed from service. 

All three aircraft had to be ferried to the AMES facility to effect repairs on the doors, airframes 

and to have the doors correctly installed. 

The AMES Director of Quality Assurance (DQA) and Director of Maintenance (DOM) carne to 

TOL to look at the aircraft prior to the ferry flights to the AMES facility. The PMl' s discussions 

with both revealed that AMES was not familiar with the B-727 MLG replacement procedures and 

how the MLG doors had to be rigged after the MLG's were replaced. Both could not show the 

PMl the correct section of the AMM to use for door rigging and both could not show the PM! 

where the references in the MLG replacement instructions requ1re the doors to be rigged and 

inspected. 

Subsequently, the PM! conducted a review of the MLG replacement work packages that were 

used by AMES for Capital and that review revealed that AMES did not follow the approved 

Capital Aircraft Maintenance Manual (AMM) (Boeing instructions accessed through 

myboeingfleet.com). The referenced A1Y1M chapters were incorrect for the maintenance actions. 

The Required Inspection ltem tests and inspections procedures for the MLG replacements were 

not used. 

An LOJ was sent to Capital for failure to ensure proper inspection and maintenance prcocedures 

were used and followed and failure to detect the installations and damage 

after the inst:all,,ti 

The LOI response from Capital to the PM! revealed the failures of AMES to use approved AMM 

instructions, Capital Rll procedures, AMES procedures, and a lack of AMES personnel 

qualifications to complete the tasks. 

Capital's Continuous Airworthiness Maintenance Program (named the MIP which is an acronym 

for Maintenance Inspection Program) authorized by Ops Specs paragraph D-72 requires the usage 

of Boeing 727 Aircraft Maintenance Manuals (AMM) as revised by Boeing. Those manuals 

clearly describe the steps and give complete instructions to change MLG's (AMM Chapter 32-l l00) and Flying Doors (AMM Chapter 32-12-l 1) and properly rig both. AMES was supplied these 

manuals to use, by Capital as required, by both entities approved manual systems and Ops Specs 

authorizations. 

No AMM reference could be found in any records reviewed for any of the aircraft that proved 

AMES used any of the Flying Doors rigging section. The only AMM references found were for 

the gear replacements and then, only some of those required in that Al\1M section could ·be faun d 

in records reviewed. 

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File Number 2011 S02W032 Section B, Page 3 

The MLG change and door rigging is designated as a Required inspection item (Rll) as described 

in 14CFR§ l2l.369(b) (2), in the Capital General Maintenance Manual Rll section. 

The MLG change records for all three aircraft had Rlllnspector sign offs however they could not 

have been inspected or at the least inspected properly as the wrong AMM references were used 

and no AMM door rigging references were used. The proof is the ensuing damage from improper 

maintenance actions. 

N899AA had its MLG changes at AMES during July 2009, N898AA had its MLG changes 

during September 2009, and N287SC had its MLG changes during March 20 !0. 

All three aircraft had been operated continuously in that condition for many months and cycles. 

N899AA had 784 cycles amassed, N898AA had 628 cycles amassed, and N287SC had 172 

cycles amassed for a total of I ,584 cycles operated when the PM! found the discrepancies. 

As previously mentioned, upon review of the maintenance records by the PMJ for all three 

aircraft's MLG changes it was apparent that incorrect procedures were used by AMES. As a 

result of the damage observed and a review of the documentation an LOI was sent to AMES and 

this EIR is the result of the findings. 

AMES failed to adhere to....--approved programs, Capital's approved 

AMM, AMES's approved~anual (RSQM), and authorizing Ops 

Specs issued to AMES. 

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File Number 2011 S02:nJ032 Section B, Page 4 

Discussion 

On April 21, 2010 a copy of Service Difficulty Report# C8GA20 1000009 was sent to the Capital 

Principal Maintenance Inspector (PM!) via email attachment sent from the Capital Manager of 

Quality ControL 

The SDR reported an emergency return of B-727 N287SC operated by Capita~ to the KCVG 

(Cincinnati) airport because of a high frequency aerodynamic vibration. The SDR identified the 

cause as the upper rudder attach fittings and the right Main Landing Gear (MLG) Wing (Industry 

common name, "Flying Door") door bushing needed replacement (lOP 1). 

As a result of communications in the matter between the Capital PMJ and the Capital DOM the 

PMl received an email from the DOM that said the aircraft (N287SC) had flown 5 flights with no 

problems since having the RH MLG Flying Door actuator bushing replaced (lOP 2). 

An Occurrence Report from the CVG Air Traffic Control branch was sent to the CVG FSDO for 

investigation and a copy was supplied to the PMl from the CVG FSDO Inspector conducting the 

lnvestigation (Inspector Bobby Evans) (lOP 3). 

As a result of communications between the Capital PMl and CVG FSDO Inspector Evans, (who 

was conducting the Occurrence investigation for the Air an email was 

from lns]>ecto_! 

Inspector Evans sent an LO! to Capital for the improper maintenance/missing bushing (lOP 5). 

The Capital response to Inspector Evans' LOI uncovered the fact that the aircraft had just had the 

MLG's changed at AMES during a "C" Check concluded on or about 22 March 2010. The 

bearing/bushing had been left out at that time by AlvlES maintenance personnel conducting the 

MLG change. Capital generated Corrective Action Reports (CAR's) to AMES and vowed to 

institute immediate fix corrective actions to ensure this type of event would not recur (lOP 6). 

As a result of the LOl response from Capital and Capital's corrective actions for the missing 

bushing/bearing incident Inspector Evans closed out his Investigation with a Letter of Correction 

(lOP 7). 

As a result of Inspector Evans' findings the PMl conducted surveillancelinspectinns at the TOL 

airport on the aircraft involved in the Air Return and two other B-727's that had MLG changes at 

the AMES facility contracted to by Capital for the MLG changes. Much damage was found on all 

three aircraft by the PMl. The PMJ generated an Inspector Statement as to the facts found (lOP 

8). 

Another Inspector (Charles Gasche) from ASO CMO 29 Team D accompanied and assisted the 

PMl during the aircraft inspections. Inspector Gascbe generated an Inspector Statement as well 

(IOP9). 

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File Number 2011S02'1v032 Section B, Page 5 

A copy of the AMES work package for the LH and RH MLG changes for N899AA is supplied. 

The lOP shows AMES Non Routine cards and the back side of the Non Routine Partial Work 

Accomplished pages. Pages 1 through 5 of the lOP are for the Left MLG. Pages 6 through 11 are 

for the Right MLG. Pages 1 through 3 of the lOP package show maintenance actions completed, 

Rll inspections completed, and AMM references used. AMM section 3 2- 1 1-00 is shown but 

AMM section 32-12-11 is not and that section is required for MLG and Flying Doors rigging as 

well as Rlllnspection steps. 

Pages 6 through 9 of the lOP package show Rll inspections completed and AMM references 

used. AMM section 32-11-00 is shown but AMM section 32-!2-11 is not and that section is 

required for MLG and Flying Doors removal, installation, and rigging as well as Rll Inspection 

steps. 

The requirement to utilize AMM section 32-12-11(10P 14 Main Gear Wing Door 

Removal/Installation and Rigging) is listed in AMM section 32-11-00 Step 5, SectionAL (19), 

(lOP 13 Main Landing Gear Removal and · lOP 5 and lOP 

page 8 

A copy of the AMES work package for the LH and RH MLG changes for N 898AA is supplied. 

The lOP shows Non Routine cards and tbe back side of the Non Routine Partial Work 

Accomplished pages. Pages 1 through 5 of the lOP are for the Left MLG. Pages 6 through 10 are 

for the Right MLG. Pages 1 through 3 of the lOP package show maintenance actions completed, 

Rll inspecrions completed, and AMM references used. AMM section 32-11-00 is shown but 

AMM section 32-12-11 is not and that section is required for MLG and Flying Doors rigging as 

well as Rll Inspection steps. 

Pages 6 through 8 of the lOP package show maintenance actions completed, Rll inspections 

completed, and AMM references used. AMM section 32-1!-00 is shown but AMM section 32-

12-11 is not and that section is required for MLG and Flying Doors removal, installation, and 

rigging as well as Rlllnspection steps. 

The requirement to utilize AMM section 3 2-12-11 (lOP 14 Main Gear Wing Door 

Removalllnstallation and Rigging) is listed in AMM section 32-11-00 Step 5, SectionAL (19), 

(lOP 13 Main Landing Gear Removal and Installation, page 23)-IOP page 2 entry 1 and lOP 

page 7 entry 1 show of AL virtue of the sign offs 

AMM section 32-11 

A copy of the AMES work package for the LH and RH MLG changes for N287SC is supplied. 

The lOP shows Non Routine cards and the back side of the Non Routine Partial Work 

Accomplished pages. Pages 1 through 7 of the lOP are for the Left MLG _Pages 8 through 14 are 

for the Right MLG. Pages I through 5 of the lOP package show maintenance actions completed, 

Rll inspections completed, and AMM references used. AMM section 32-11-00 is shown but 

AMM section 32-12-11 is not and that section is required for MLG and Flying Doors rigging as 

well as Rlllnspection steps. 

Pages 8 through 12 of the lOP package show maintenance acrions completed, Rll inspections 

completed, and AMM references used. AMM section 32-1!-00 is shown but AMM section 32-

12-11 is not and that section is required for MLG and Flying Doors remova~ installation, and 

rigging as well as Rlllnspection steps. 

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File Number 2011S02:;v032 Section B, Page 6 

The requirement to utilize AMM section 32-12-11(!0P 14 Main Gear Wing Door 

Rernoval!!nstallation and Rigging) is listed in AMM section 32-1!-00 Step 5, SectionAL (19), 

(lOP 13 Main Landing Gear Removal and mornttau.!:!!b 

12 

The Boeing AMM Chapter 32-11-00 for MLG Removalllnstallation of the B-727 MLG, 

authorized by Ops Specs issuance and MlP approval for Capital is supplied. 

On page two of the lOP section 3 F gives instructions for the removal of the Wing (Flying Doors) 

Doors prior to the removal of the MLG. 

lOP page 23 (AMM reference Step 5 beginning on lOP page 16 and ending on page 24) shows 

AMM Step 5, Installation ofMLG section, AL (19) and that section shows the requirement to use 

AMM chapter 32-12-11 to adjust and rig the wing doors after MLG ~~"!icms 

which on all three aircrafts 

The Boeing AMM Chapter 23-12-11 for Main Gear Wing (Flying) Door Removal/Installation 

authorized by Ops Specs issuance and MlP approval for Capital is supplied. lOP pages 1 and 2 

shows the requirements to follow for routine removal on page 1, 1. General, paragraph A and 

instructs the mechanic to use paragraph 4 steps (lOP page 2) for installation including figure 401 

entirely (lOP pages 3-5). Paragraph 4 step L instructs the mechanic to Adjust (Rig) wing door per 

AdjustmentfTest section. The AdjustmentfTest section (lOP pages 9-11) show the necessary fits 

and tolerances that must be achieved in order for the doors to be aligned to the airframe, 

and This is an and must be adhered to. 

Based on the findings an LOJ (ElR # 2010S0290120) was sent to Capital forthe incidents (lOP 

15). 

Capital's LOl exonerate Capital and the 

ElR for the the response did 

show that AMES did did not perform Rll 

inspections properly, did not return the three aircraft to service !A W approved procedures, did not 

follow Capital's AMM and GMM insofar as the Rll program was ignored for the gear doors, and 

AMES did not follow its approved manual (lOP 16). 

A Copy of the Capital Aircraft Flight and Maintenance Log (AFML) pages for N287SC dated 

4118/2011 are supplied along with the Capital AFML Supplemental Sheets for the Air Return for 

vibration. lOP page 1, (AFML page 88224) item 1 shows the vibration write up and the corrective 

action side shows excessive free play on the Flying Door and directs the reader to see the 

continuation sheet for the corrective action. The corrective action on lOP page 2 item 6 shows 

replacement of the MISSING bushing for the Flying Door as the corrective action and the 

mechanic provides the correct AMM reference however the mechanics for AMES still don't find 

the improper door rigging. 

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File Number 2011S02Yu032 Section l::l, Page ) 

The right MLG was found to be faulty just two days later, 4/2012011 (The aircraft had not flown 

since the Air Return) and the gear was removed nnd replaced by A..NIES under warranty. See lOP 

page 4 (AFML page 88226) item I. The corrective action shows the AMM chapter for R&R of 

the gear and a gear retraction was accomplished but once again AMES failed to conduct RJl 

inspections of the Flying Door properly and ensure proper rigging. AMES for at least this aircraft 

had three occasions to get it right and failed all three times (lOP 17). 

An LOl was sent by the PM! to the AMES Responsible Person for the actions (lOP 18). 

rec,e•v•,ci from AMES and AMES takes this opportunity to correct the 

release dates for actions. AMES disavows any responsibility for the 

cmmuJT that crushed. AMES fails to address their failure 

go 

with additional training 

however no mention is made for correction of department that was 

irresponsible in their performance for the events. by Capital and Capital 

contracted instruction perSonnel on the B-727 and B-757 prior to the capital CMT adding AMES 

to the Capital D-91 Ops Specs. The Capital CMT observed the training and the landing gear and 

associated airframe and systems were addressed sufficiently for AMES to conduct maintenance 

with. The MLG change was identified and stressed as an Rll item and the use of the B-727 AMM 

as described in the lOP 13 and 14 discussion section previously identified was the only direction 

supplied by Capital for AMES to use. 

AMES went to great lengths to provide many more corrective action items for the MLG change 

after the LOI for Capital was sent to Capital but, if AMES followed the AMM references and 

inspected the MLG changes as required, that's all AMES would have had to do to ensure that all 

the steps were done correctly. 

In essence, AMES fails to recognize or take responsibility for the failure to follow approved 

procedures and accepted procedures for inspections of critical to flight items prior to release of 

those aircraft. Subsequent to this violation AMES has received another LO! (ElR # 

201 I S029003 7) for failure to follow the approved AMM and Rll program for critical to flight 

Nose \Vbeel Steering maintenance 

A copy of the 8130-3 forrn and MLG build up directions from the MLG component maintenance 

manual referenced in the AMES LO! for N287SC' s RMLG is supplied. A Tl Aviation Services 

LLC is the vendor that released the gear to service. Page 2 of the lOP shows correct conduit 

• .f . d ste 7 d £ 3 fth lOP£ . 1 

20). 

-: . . - . . . . . . . . . -~- : . ·- . - - . . . 

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File Number 2011S02~v032 Section B, Page 8 

Capital CAR's generated to AMES for the findings identified by AMES in the LOJ response are 

supplied. 

All three show Corrective Actions Taken by AMES to satisfy Capitals requirements to respond to 

the CAR (lOP 21). 

A copy of the AMES Training Module developed to satisfy the LOI response is supplied. The 

training module has pictures of the improper door installations and damage that ensued from the 

improper installations. The training references come directly out of the Boeing 727 A.l\A,M_ lOP 

page 3 bottom view has the wrong AMM reference. AMM 32-10-11 does not exisl The correct 

12-1!. 

A copy of the AMES Task cards that they developed for B-727 MLG changes as referenced in 

the LOl response is supplied. The task cards parrot andmimicthe B,727 AMM for MLG 

changes. 

A copy of the corrective actions that AMES had to effect on N899AA after the 

for the maintenance steps are included (lOP 24). 

A copy of the corrective actions that AMES had to effect on N 898AA 

TOL of and insp•e_cjj,~ 

for the maintenance steps are included (lOP 25). 

A copy oftbe corrective actions that AMES had to effect on N287SC after the PMI's llllUlrt!',S 

ofimlJrooer maintenance and inspe<:tion 

for the maintenance steps are included (lOP 26). 

A copy of the Capital Rll section of the Capital GMM is supplied and shows the requirements of 

the MLG and Doors removal as Rll required. The Rll section is required to be used by the Capital 

MlP and is referenced in the MIP. lOP pages 4 and 5 shows the effective dates ofthe GMM RJ1 

section and cover the dates for all three aircraft. Page 4 would be for N899AA and N898AA. 

Page 5 would be for N287SC. 

Section 32 of the Rlllist shows MLG replacement, operational checks, and rigging and/or 

adjustment as Rll required (lOP 27). 

A copy of the Capital Operations Specifications D-72 paragraph is supplied. 

D-72 authorizes the Capital MIP (lOP 28). 

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2011 S0290032 
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File Nwnber 2011 S02;.u032 Section B, Page 9 

A copy of the Capital B-727 MIP Volwne I LOEP approval page that was in effect at the time of 

the violations is supplied. MlP volume l is the controlling document for the CAMP (lOP 29). 

A copy of the Capital MJP section 00 that shows the Volume 1 and 2 revision level in effect at the 

time of the violations. Volume I and 2 contain the description and controls for the Rll program, 

Boeing AMM usage, Service Check requirements including Airworthiness Release (A WR), and 

the A and C Check requirements including A WR (lOP 30). 

A copy of the Capital MIP Volume I section 01-2 that was in effect at the time of the violations is 

provided. This section shows the abbreviation meaning of AMM as used in the MJP. Section 0 l C 

controls the basis for Capital's MlP using the Boeing B-727 MPD. Section 01 D shows the 

control of the Capital Rll program and requires the usage of the Rll section of the GMM for 

compliance with the Rll regulations. Section 01 E shows the requirement for Capital to utilize the 

Boeing AMM for all maintenance actions (lOP 31). 

A copy of the AMES Operations Specifications (Ops Specs) issued by the DTW FSDO 

authorizing AMES to conduct maintenance on the B-727 aircraft is supplied_ AMES is authorized 

Limited Airframe and Power Plant rating for the B-727 and its engine, the JT8D The Director of 

Quality and Training has signed for AMES. AMES is required by Limitations to conduct work in 

accordance with the manufacturer's current technical data, the customer's Air Carrier manual 

lAW 14 CFR 145.205 or other data approved by the Adrninistrator.ln this case the Boeing AMM 

(lOP 32). 

AMES has an Ops Specs manual housed in it RSQM. The Ops Specs manual has the current Ops 

Specs issued along with its EASA Approval Certificate and Capability List. 

AMES states in the AMES RSQM Introduction section that it will not operate in violation of the 

-.. station certificate, · lOP 21 ----- I •:.-

A. .. . . • • .. . .• . • • • • I ' . - • • • 

The approval page of the AMES RSQM shows the approval of the RSQM in effect for the 

violations (lOP page I) and the LOEP page I shows the approval page of the approval section 

(lOP page 5) (lOP 34). 

.. 

The AMES RSQM Introduction section lists the statements of compliance to the manual, Ops 

Specs, and certificate ratings (lOP page!) and states it will not approve for service any article it 

does not have the required technical data or trained personnel for (lOP page 2) for. The AMES 

defmition of an article is aircraft, airframe, aircraft engine, propeller, appliance, or component 

part (lOP page 3) (lOP 36). 

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File Number 2011 S02YU032 Section B, Page 10 

The AMES RSQM Organization section shows the General Manager as the responsible person 

for complete overall operation of the repair station (lOP page l ), the Director of Maintenance 

ensures quality of the maintenance program (lOP page 3) and adherence to all CFR's (lOP page 

4). 

ln the AMES RSQM (Section 02.00) the Director of Quality Assurance and Training (DQA) is 

responsible for the quality of the inspection program to include training, qualification, procedural 

compliance, tooling, and necessary interfaces and controls (!OP page 6). The DQA is responsible 

for the Repair Station Training and internal Evaluation Programs (lOP page 7). The DQA is 

respon.sible to ensure compliance with regulations and quality as related to the customers 

approved CAMP (lOP page 8). The DQA is responsible to ensure all technical data used is 

current and when doing maintenance on customer aircraft, ensure customer manuals are used and 

where they are located for AMES personnel to use (lOP page 9)(10P 37). 

The AMES RSQM Training section (03.00) says that the DQA is responsible for training 

requirements for all AMES employees and will ensure training is accomplished for each 

maintenance person to ensure the person has the knowledge and skills to perform assigned 

maintenance tasks (lOP page 1). The Job Specific Training Requirements for Customer Aircraft 

section lists the training requirements (Systems) for customer aircraft maintenance and Rll 

inspections (lOP page I 0). The DQA will request the training needed to ensure that customer 

aircraft training will be accomplished prior to performing maintenance tasks on those aircraft and 

document that train.ing (lOP page 12) (lOP 38). 

The AMES RSQM Personnel section (03.0 I) shows the Accoun.table Manager (General 

Manager) as responsible for all actions at the Repair Station and will en.sure that Repair Station. 

personnel follow the regulations (lOP page 1 A. (1)). The DQA is respon.sible to the General 

Manager for compliance with all procedures (lOP page l B. (l )) The repair Station will ensure 

that enough qualified, trained, knowledgeable, and experienced personnel to ensure all work is 

performed IA W 14 CFR Part 43 and all supervisors must oversee and en.sure all work is 

performed under the authorizations of the certificate and Ops Specs issued (lOP page 1 C.(!), 

(2), (3 ). Personnel authorized to conduct maintenance and inspections for AMES must show 

experience to understand methods, techniques, and equipment used to determine airworthiness of 

the aircraft (lOP page 2 A. (1) through (5). The Repair Station must make available to all 

personnel current specifications and procedures and Air Carrier manuals for use (lOP page 3 B.). 

Personnel assigned to AMES are required to familiarize themselves with the regulations required 

by AMES this includes 14 CFR Parts 43 and 121 which have the requirements for proper tooling, 

qualified personnel to conduct maintenance on an aircraft and an aircraft certificated for 

operations under 14 CFR Part 121 and, the requirements to utilize the approved manual system 

for that Air carrier (lOP pages 3 and 4 C. (l) through (13)). Prior to performing maintenance on a 

customer's aircraft, in this cise Capital~s the mechanics and supervisors must be authorized and 

trained and qualified to do so (lOP page 6, 6 A., B., and C.) (lOP 39). 

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2011S0290032 
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File Number 2011 S029U032 Section B, Page 11 

The AMES Repair Station Policies section (04.00) says that AMES will have the correct tools to 

perfonn maintenance and will use them !A W the RSQM, Ops Specs issued, and 14 CFR 43 (lOP 

page l A. (l) through ( 4 ). The AMES DQA is responsible to oversee corrective actions for all 

Endings including Discrepancy Notices, FAA Inspection findings, Internal Audit ftndings, 

customer findings etc. 

Defi~iencies noted are to be investigated, root cause provided, and immediate action taken to 

correct the discrepancy to prevent recurrence of the discrepancy. QA audits of corrective actions 

must be performed (lOP pages 14 and 15 section 16 entirely). 

AMES is required to utilize technical data and trained personnel for all maintenance it conducts. 

The Air Carrier's approved manuals are required to be used and supplied to AMES. AMES must 

make the technical data available to its maintenance personnel (lOP pages 17 and 18 section 19 

entirely). The AMES DQA is responsible to ensure maintenance performed on an Air Carrier's 

aircraft is perfonned lAW the carriers approved manual system. The DQC is responsible for 

keeping the carriers rnanuaJ revised and determining that the carrier's manual is current prior to 

using that manual (lOP page 19 section 21 entirely) (lOP 40). 

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2011S0290032 
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File Number 2011 S029U032 Section B, Page 13 

Accordingly, a Letter of Investigation (LOI) was sent to Capital Cargo International Airlines 

(lOP# 18). The carrier has responded to the LOI (lOP# 19). 

Factors Affecting Sanction 

Nature of the Violation 

These alleged violations are for the AMES Certificated Repair Station and are maintenance 

related · nature. The-aircraft were maintained, inspected, and returned to service improperly. 

lbeca1use AMES failed to adhere to the prescribed and approved methods of its manual 

D>>erati1ons Specifications authorizations, and Ratings and Limitations approved by the 

FAA. tl!!!!!!l!t. __ The aircraft were ultimately operated in an unairworth condition 

because Al'vtES failed to adhere to the requirements oft e approved Capital instructions 

for replacement of the MLG's. AMES failed to adhere to the Capital "Critical to Flight" 

inspection tasks delineated in the Rll inspection section ofthe Capital MlP. AMES failed to 

utilize the entire section of the MLG removal and replacement section of the approved AMM for 

Capital and just ignored the Flying Doors removal, replacement, and rlgging section of the 

approved AMM. 

AMES failed to adhere to the Capital CAMP, approved AMM, and Inspection procedures along 

with, failure to follow its own manual system put in place to ensure this kind of failure didn't 

happen. The lOP's are many and irrefutable. 

No part of the approved AMM section 32-12-11 was followed. The 

M1M allowed three aircraft to be released to service in an un:;in.vo1rth'< 

The AMES failure to follow the Rll program resulted in a 

inspected for a critical safety of flight sy,;cern' 

Whether the Violation was Inadvertent and Not Deliberate 

FOR OFF! CAL USE ONLY 

2011S0290032 
J 

Certificate Holder's l.e;el of Experience 

AMES has been ceniftccted u:1du ).:; C ~I<~ : .:;.5. 'S': 

experience with rnul~ipie ;> pe~ cf aw .. :rah 

AMES had to ha·>e .1urn-=rDu5 S:st~m:~ anc ;-~".m:-•a:tr"<!:t,!r~ ... ••.Jrsc.) ::-r·;:_:u..._c_·~: t.:· t~·-

because olrcpcatt'G m:stakes tei;1~ :T.oid-:.: b:, :\:\·iCS ~::, C..:.1p·:a.! ::::~·..:~:::-'r .. '. :--,:1-~- f,:_::r _ · :h:.: .:.\~!- ') 

facility. 

The mistakes continued until Capiwl rem(>::d i.hti~ :ii';::,-,!f"'; :·;urr. _:o,\.;t<, ~1nL r- :·~,-!\\ ' .. J\1,:-''''-~ 

another MRO for hca\·:, mainlenance 

Alv1ES has recei\·ed r\'u m:.re LUI·.::. {:201 'S02r.)UU.;O a11G :2Ui lSCJ2lJ()())7: :;-x :;;o1!u1c tu :r~)L' .. :'" 

Degree of Hazard 

FOR OFFICAL LSE ONLY 

2011S0290032 
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File Number 20l!S02'iv032 ~ectwn tJ, Yage J) 

Use of a Certificate 

The alleged violator holds ar Air Agency 14 CFR § 145 Certificate and should have been 

conducting its maintenance and inspection actions under the highest possible standard of safety 

and care. 

Violation History 

Ability to Absorb Sanction 

1t is unknown whether the carrier can absorb the sanction delineated in current guidelines for this 

violation if the AMES has close to 500 and is not a 

Whether the Violation was Reported Voluntarily 

These alleged violations were not reported voluntarily prior to the investigation outlined above. 

Corrective Action 

None 

Other Information 

Rellabilit)· of the Evidence 

The evidence is absolutely reliable ard was supplied by the CMT PMJ, Capital, AMES, and by 

FAA data bases. 

Conflicting Evidence 

None 

FOR OFFICAL USE ONLY 

2011 S029003 2 
Exhibit 2 

Transcript Pages from Deposition of Frank Lipinski 

taken Dec. 18, 2014 
In The Matter Of: 

In the matter of Airborne Maintenance and Engineering 

Frank Lipinski 

December 18, 2014 

LYON REPORTING, INC. 

Certified Court Reporters 

P.O. Box 8l124 

Atlanta, Georgia 30366 

770/458-5500 800/767-2030 

Original File 121814airb-jlp.txt 
' 

2i 

3! 

i 

BEFORE THE 

US DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

4 In the matter of: ) Docket No. FAA-2013-0291 

) FAA case No. 2011S0290032 

5 AIRBORNE MAINTENANCE AND) 

ENGINEERING SERVICES, ) 

6 ) Administrative Law Judge 

Respondent ) J.E. Sullivan 

7 ) 

8 

9 FRANK LIPINSKI 

10 

11 Deposition of FRANK LIPINSKI taken on behalf of 

12 Airborne Maintenance and Engineering Services, at the 

13 Federal Aviation Administration, Office of the Regional 

14 Counsel, Southern Region, 1701 Columbia Avenue, College 

15 Park, Georgia, commencing on December 18, 2014, at 

16 9:25 a.m. before Jennifer L. Pope, Certified Court 

17 Reporter and Registered Professional Reporter. 

18 

19 

20 

21 

22 

23 

24. 

25 

LYON REPORTING, INC. 

Certified Court Reporters 

P.O. Box 81124 

Atlanta, Georgia 30366 

770/458-5500 800/767-2030 

LYON REPORTING, INC. 

1 
1 Q. Okay. Well, we'll get to that. 

2 A. Okay. I don't know what else I can give 

3 you but besides that answer. 

4 Q. All you can give me is answers to my 

5 questions. 

6 A. That's my honest input to you. 

7 Q. Now, as I understand it, you have indicated 

8 that 32-12-11 Section 401 would have been the 

9 correct reference for use of those maintenance 

10 steps; correct? 

11 A. If you remove the doors and you have to rig 

12 the doors, the only data that give the specific 

13 other than the general statement in 32-11, the 

14 tolerances, the fittings -- when you're rigging a 

15 door, when you're actually putting a door in, other 

16 than doing the actuator arm extension -- it gives 

17 

18 

you the specifics of the extensions. It's 16 turns, 

1 inch. I don't remember exactly what it is -- and 

19 it also says to shim, if you need fore and aft or 

20 N play or bumper play, as I remember. You have to 

21 go to a specific section to get those tolerances. 

22 Q. Did the Boeing AMM direct the -- in 

23 Step AL (19) to 401 -- 32-11 -- 32-12-11 401? 

24 A. No. 

25 Q. It didn't, did it? 

LYON REPORTING, INC. 

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1 

2 

3 

4 

A. 

Q. 

A. 

Q. 

No. 

Okay. 

No. 

Let's just -- because I want to ask some 

5 questions. 

6 A. All right. 

7 MR. SILVERBERG: Let's mark this as 

8 Exhibit 3. 

9 (Defendant's Exhibit 3 was marked.) 

10 BY MR. SILVERBERG: 

11 

12 

13 

Q. 

A. 

Q. 

This is your item of proof 14. 

All right. 

Now, we may have gone a little bit too 

14 quickly over this. 

15 A. All right. 

16 . 

17 

Q. But we've been talking about Section 401. 

But you agree that Step AL (19) directs the 

18 mechanic to Section 501 in 32-12-11; correct? 

19 

20 

A. 

Q. 

Yes. 

So did Boeing Air, in directing the 

21 mechanic to 501 instead of 401, when they 

22 established the logic of these two complementary 

23 sections of the airplane maintenance manual? 

A. No. They direct you to 501 appropriately. 

All right. And we can go there. 

29 

24 

25 I 

L-----------------------------------------------------~ 

LYON REPORTING, INC. 
1 

2 

Q. 

A. 

Where are you looking? 

Page 501, about four pages back. Step 1. 

3 In 501, it starts, main gear door wing adjustment. 

4 

5 

6 

7 

8 

9 

Q. 

A. 

Yes. 

And as we read through this, you're 

directed to do this. It speaks to upper stop 

bumpers. It gives you a weight, et cetera, 

et cetera. It gives you a caution. 

exposed after adjusting the rod end. 

16 threads 

That's 

10 actuator rod that goes on the door, commonly known 

11 '; as 

12 Q. And this is all in 501? 

13 A. 501, correct. And the next page is 502. 

14 It gives you a diagram. Ig gives you 

15' views. It gives you rod end clearances. It shows 

16 hinge bolts, hinge pens, shimming washers, the wing 

17, door, etcetera, etcetera. And you can see that ln 

18 

19 

20 

view 1. 

shims. 

Q. 

It gives you the position. It gives you 

Then you continue on. 

Well, let me focus you. I mean, I asked 

21 did Boeing make a mistake in directing the mechanic 

22 

23 

to Section 501. 

A. No, no. 

You said no. 

But I'm continuing on to answer 

24 your question. And so --

25 MR. STEVENSON: Why don't you -- he asked a 

LYON REPORTING, INC. 

30 
1 

2 

3 

4 

5 

6 

7 

8 

9 

question. You said no. 

ask another question. 

he wants to ask. 

BY MR. SILVERBERG: 

It sounds like he wants to 

So let's let him finish what 

Q. Well, please finish your answer to the 

question. But the point is, AMM Section 32-11-00, 

Step AL (19) directs the mechanic to 501. 

expressed a preference to 401. 

You've 

I want to understand. Did Boeing make a 

10 mistake in the logic of the interplay between these 

11 chapters to direct the mechanic to 501? 

12 MR. STEVENSON: Objection; mischaracterizes 

13 what the witness has stated. 

14 Go ahead and answer him. 

15 

16 

17 

18 

THE WITNESS: Okay. We go through the 

procedures of 501, including retractions, checking. 

We go further on to page 503 of 501. It has you 

retracting the gear. It tells you to check the 

19 edges of the peripheries, et cetera, et cetera, the 

20 fore and aft. It speaks to all of that. Step U 

21 says if it's necessary to adjust the door in a fore 

22 or aft direction. It gives you generalities of 

23 putting shims in. 

24 Boeing doesn't tell you to go to each and 

25 every -- especially in these archaic manuals that 

LYON REPORTING, INC. 

31 
1 have not been revised for other than maybe clerical 

2 issues. Boeing does not support the 727 as it does 

3 the 73, new generation 74, 75s, where they'll 

4 link-- they'll tell you to go to this section, that 

5 section. 

6 Boeing assumes that you know to go to 401 

7 to get your tolerances. And if you don't use 401, 

8 you can't do this job right. I can't guess at 

9 clearances at 20,000s or 10,000s. Neither could he. 

10 Neither can any of us. 

11 Q. So you're saying that despite the direction 

12 contained in Section 32-11-00, Step AL (19), that 

13 the reference to 501 was not adequate? It should 

14 have been amplified by Section 401 but it's not? 

15 MR. STEVENSON: Objection. That's not what 

16 the witness said. 

17 Go ahead and answer him. 

18 

19 all. 

THE WITNESS: No. I'm not saying that at 

Boeing assumes that you as a 727 individual 

20 know to go to the rigging section to put these shims 

21 in and out. You can't do it any other way. 

22 BY MR. SILVERBERG: 

23 Q. Who at Boeing did you speak with to 

24 determine that this is their assumption? 

25 A. I didn't speak to Boeing at all. 

LYON REPORTING, INC. 

32 
1 

2 

3 

Q. So you're saying you believe this is what 

Boeing assumed? 

A. -~ybody who's qualified on a 72 knows to go 

4 to that section. I'm not assuming anything. 

5 Q. If they wrote if they went to 

6 Section 401 and signed off Section 401, would they 

7 have been following the Section 32-11-00, Step AL, 

8 dash paren, 19? 

9 A. If they were making any rigging adjustments 

10 that they needed to use 401, yes, they're exactly 

11 right. 

12 Q. They're telling you in Section 501 how to 

13 rig, aren't they? 

14 

15 

A. 

Q. 

No. 

Well, did they make any other 

16 cross-reference -- no, let me finish my question. 

17 A. Go ahead. 

18 Q. Did they make any other cross-references in 

19 501 and you looked at several pages there. They 

20 make no reference to 401, do they? 

21 

22 

A. No. There's no reference to 401 in here. 

I thought I answered that question earlier. There's 

23 no reference here to how to put the bolts in and use 

24 standard practices either, or safety-wire the piano 

25 hinges so the pins don't come out. That's not 

LYON REPORTING, INC. 

33 
1 mentioned in here either. 

2 

3 

Q. 

A. 

Okay. 

So you got to go to those sections. And if 

4 you know the Boeing AMM, you know that that's the 

5 section you have to go to. 

6 Q. But Boeing itself didn't say that? That's 

7 not the instruction in the maintenance manual? They 

8 just refer to Section 501? 

9 A. Yes. They drive you to 501 to do the 

10 preliminaries. And then it tells you -- if you read 

11 the whole section, it tells you what to look for 

12 

13 

14 

when you put the gear up. Okay. Let's put the gear 

up for the first time. Is it chaffing here? Is 

there too much here? Is there this? Is there that? 

15 Kind of what I saw on the airframes where the doors 

16 were chaffing and binding on the airplane. 

17 Q. So if that's -- if you did the operational 

18 test, you do the gear swing? 

19 A. The bump. 

20 Q. Okay. Then you see that the door doesn't 

21 fair. Isn't 501 telling you to adjust the door 

22 forward or aft or in the manner in which it can be 

23 adjusted to fair it? 

24 A. It does. 

25 Q. Okay. And isn't that the essence of what 

LYON REPORTING, INC. 

34 
1 

2 

3 

4 

5 

6 

the adjustment rig is all about? 

A. It is in essence, but you must use the 

correct instructions. 

Q. The correct instructions are as stated in 

the AMM, are they not, 501? 

A. I'll just read to you once again so we're 

7 perfectly clear. 

8 Q. Answer my question first. The correct 

9 instructions are as stated in the AMM, the 

10 cross-reference to 32-12-11's 501? 

11 

12 

13 

A. 

Q. 

A. 

Yes. It directs you to 501. 

That is the correct instruction? 

That is the instruction to use. And 

14 then -- and then check all around. 

15 Q. Right. And that's what 501 tells you to 

16 do? 

17 A. That's exactly right. It doesn't tell you 

18 what the clearances are for those shims, which are 

19 finite, finite. 

20 Q. If Boeing didn't choose to put those 

21 clearances in that section, that's a decision that 

22 Boeing made? That's the airplane maintenance 

23 manual? We can't debate that, can we? 

24 A. I'm not going to go to debate. I'm going 

25] to go to what I know about how to read a Boeing 

LYON REPORTING, INC. 

35 
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1 I 

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-' I ' i 

manual. 

Q. Okay. And do you see 

already answered the question. 

a -- and you've 

You see no reference 

4 to 401 when you get to 501? 

5 A. No. 

6 Q. So this is your view that 401 should have 

7 been accomplished in lieu of 501? 

8 A. I didn't say in lieu of. I said if you had 

9 to do rigging here, you had to use the proper 

10 rigging section. And I'm not mixing words on that. 

11 I know to go to 32-12-11 401 and pull the correct 

12 specs out. 

13 Q. Okay. So in page -- on 501, 32-12-11, main 

14 gear door, wing door adjustment, that's not rigging? 

15 A. The majority of this rigging is for the 

16 actuator rod. It gives specifics of the actuator 

17 rod. You see all these specifics, J through Q. 

18 There are specifics there. There are no specifics 

19 for the flying door, the rest of the flying door 

20 rigging, because there's another section for that. 

21 Q. Another section, sir, that is not called 

22 out; correct? 

23 A. Okay. 

24 Q. It is not called out? 

25 MR. STEVENSON: Objection; asked and 

LYON REPORTING, INC. 

36 
1 The affiliation between the two companies? 

2 MR. STEVENSON: Objection to facts not in 

3 evidence. 

4 But go ahead and answer. 

5 THE WITNESS: ATSG owned -- bought Capital 

6 and ATI from Capital Holdings, but they already 

7 owned AMES and ABX Air. And so all of us kind of 

8 refer to them as the mother ship, ATSG. 

9 BY MR. SILVERBERG: 

10 Q. Well, didn't you question why Capital was 

11 going to start using the services of AMES, and at 

12 the time that you were doing your inspection, the 

13 D091 inspection? 

14 A. Well, it was pretty obvious why they were 

15 going to use them. I mean, you know, why would you 

16 ship work out to an entity that's not owned by the 

17 mother ship, so to speak? We all had these 

18 discussions, and so many of them. 

19 Q. But for some reason, you -- at least 

20 Mr. Becker believes, you mentioned it to him in a 

21 way that suggests that maybe this isn't the best 

22 approach for Capital. 

23 A. Well, he's got a better memory than me. 

24 I'll just say that. 

25 Q. Okay. Fair. Fair enough. 

LYON REPORTING, INC. 

169 
1 different points of view on some technical issues. 

2 

3 

4 

5 

A. 

Q. 

A. 

Wouldn't that be conflicting? 

No. 

What would be conflicting evidence? 

There was nothing submitted for us as 

6 conflicting evidence in this. 

7 Q. Well, you agreed with me that there were 

8 statements made by AMES that contradicted what 

9 Capital had stated in response to their LOI, and 

10 they made those points clear to you; right? 

11 A. Let's see. This was -- this case, if this 

12 was Capital's no. This is AMES. 

13 Q. This is AMES. 

14 

15 

16 

17 

18 

19 

A. Right. There wasn't anything conflicting 

with the findings. The findings were --

Q. No. This is conflicting evidence, not 

findings. Evidence. 

A. Right. Conflicted evidence. I found no 

conflicting evidence. I still don't see any 

20 conflicting evidence. 

21 Q. Even though you saw contradictory 

22 statements from AMES and Capital? 

23 

24 

25 

A. 

Q. 

with it. 

Statements are not evidence. 

Now, we started with this, so let me end 

You say that you didn't see the aircraft 

LYON REPORTING, INC. 

202 
1 at the time the main landing gear were changed? 

2 

3 

A. 

4 answered. 

That's correct. 

MR. STEVENSON: Objection; asked and 

5 BY MR. SILVERBERG: 

6 Q. You didn't see the aircraft for months 

7 after that work was first performed, anywhere from 

8 nine to two months; correct? 

9 

10 

A. 

11 answered. 

(Nods head affirmatively.) 

MR. STEVENSON: Objection; asked and 

12 BY MR. SILVERBERG: 

13 Q. You didn't see the aircraft at the time 

14 they were returned to the AMES facility? 

15 A. (Shakes head negatively.) 

16 Q. 

17 swing? 

18 

19 

A. 

Q. 

You didn't see the -- you didn't see a gear 

(Shakes head negatively.) 

You didn't see the doors fair, being tucked 

20 in underneath? 

21 

22 

23 

A. 

Q. 

24 question. 

25 

(Shakes head negatively.) 

You saw none of that? 

MR. STEVENSON: Objection; a compound 

MR. SILVERBERG: Now, he affirmatively was 

LYON REPORTING, INC. 

203 
1 indicating up to a point, going along with --

2 THE WITNESS: I'm listening to you. 

3 MR. SILVERBERG: -- by the nodding of his 

4 head --

5 THE WITNESS: I'm listening to you. 

6 BY MR. SILVERBERG: 

7 Q. Okay. We agree that's the case? 

8 A. Yeah. 

9 Q. Those are facts which are not in dispute. 

10 You didn't see the aircraft at those times 

11 I just indicated? 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 I 

221 

231 

A. That's correct. 

Q. Okay. Now, so whether or not the work 

performed months earlier was substandard such that 

it presented itself on May 25th when you saw the 

aircraft, after those intervening months and hours 

of operation, you -- your position is that, based on 

your observation of the condition of the flying 

doors --

A. Yeah. 

Q. -- and the rigging, that all of that, all 

of those discrepancies you noted were all, without 

exception, attributable to the original work that 

204 

245 I'L_w_a_s . __ A. d_o_n_e_b_y_AM_E_S_? I would __________________________ say yes. _j 

LYON REPORTING, INC. 
205 

1 Q. With no intervening event that would 

2 preclude any other finding? 

3 A. I would say yes. 

4 Q. And that includes any intervening 

5 maintenance? 

6 A. (Nods head affirmatively.) 

7 Q. And tire changes, wheel changes, brake 

8 changes? 

9 A. (Nods head affirmatively.) 

10 Q. And that includes wear and tear? 

11 A. Yes. 

12 Q. Okay. That's your position? 

13 A. As I previously stated, yes. 

14 MR. SILVERBERG: Off the record. 

15 (Recess from 3:16p.m. to 3:21p.m.) 

16 MR. SILVERBERG: Okay. Those are our 

17 questions for today. Do you have any redirect? 

18 MR. STEVENSON: I have no follow-up. We 

19 are going to request a read and sign. 

20 (Deposition concluded at 3:21p.m.) 

21 (Signature reserved.) 

22 

231 

24 

25 

LYON REPORTING, INC. 

Exhibit 3 

Transcript Pages from Deposition of Jeffrey Becker 

taken Oct. 29, 2014 
In The Matter Of: 

Airborne Maintenance and Engineering Services 

Jeffrey Becker 

October 29, 2014 

Legal Realtime Reporting 

622 E. Central Blvd. 

Orlando, FL 32801 

Original File 102914 Becker fmal.txt 
1 

2 

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25 

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the matter of 

AIRBORNE MAINTENANCE AND 

ENGINEERING SERVICES 

Respondent 

* * * * * * * * 

Docket No. FAA-2013-0291 

Case No. 2011S0290032 

Administrative Law Judge 

J.E. Sullivan 

* * * * * * 

DEPOSITION OF JEFFREY BECKER 

DATE TAKEN: October 29, 2014 

TIME: COMMENCED: 8:55 a.m. 

CONCLUDED: 2:55 p.m. 

PLACE: 215 North Eola Drive 

Orlando, Florida 32801 

REPORTED BY: Rita G. Meyer, RDR, CRR, CBC, 

* * * * * * * * * * * * * * 

1 

* 

CCP 

* 
42 

1 specific individuals. 

2 

3 

4 

5 

6 

7 

8 

9 

Q. But my understanding from what you just said is 

that at the time that AMES was internally investigating 

this, you interviewed these people and they could not 

provide any information other than 

A. 

Q. 

A. 

Q. 

Correct. 

This is what the records are? 

Correct. 

Okay. And again, same question. With regards 

10 to N287SC and the main landing gear replacement performed 

11 in March of 2010, is that the same situation, those 

12 individuals cannot provide additional information beyond 

13 identifying the records? 

14 

15 

A. 

Q. 

Correct. 

Okay. Now, there have been references in your 

16 discovery responses to a, if I understand correctly, a 

17 tire replacement on N287SC that occurred after AMES 

18 replaced the main landing gear but before the vibration 

19 incident on April 10 of 2010. Do I understand that 

20 correctly? 

21 

22 

23 

24 

25 

A. 

Q. 

changed? 

Right. 

Okay. And how do you know that the tire was 

A. I was provided, from Capital Cargo, a print out 

of the maintenance performed on that aircraft over a time 
43 

1 period -- I believe it was from the time it left our 

2 facility on or about the middle of March to the time that 

3 it left Cincinnati after the vibration work. 

4 

5 out? 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

the 

Q. Okay. And do you have a copy of that print 

MR. SILVERBERG: It's in our materials. 

A. I believe it is part of the omnibus. I mean 

discovery materials. 

MR. SILVERBERG: I have a copy of it. 

MR. STEVENSON: Okay. 

MR. SILVERBERG: You should have a copy of it. 

MR. STEVENSON: Can you identify what number 

that was? 

MR. SILVERBERG: 111. While you're rooting 

through your files, let's go off the record. I'm 

16 going to take a quick bathroom break. 

17 (Proceedings recessed at 9:43 a.m.) 

18 (Proceedings resumed at 9:53 a.m.) 

19 BY MR. STEVENSON: 

20 Q. All right. So I understand correctly, the tire 

21 change took place on March 25th, 2010, which would've 

22 been three days after the landing gear was approved for 

23 return to service by AMES? 

24 

25 

A. 

Q. 

Correct. 

And do you know what physically is involved in 
44 

1 changing the tire on a 727? 

2 A. Yes. Based on the procedures both published by 

3 Capital Cargo and that are in the AMM, yes. 

4 

5 

6 

7 

8 

9 

10 

11 

12 

Q. And can you summarize those? 

A. Well, again, I'd like to have the documents 

because I can point specifically to it. It's easier for 

me to communicate the steps and make sure I don't miss 

any key items. 

Q. I understand. I'm not asking you to go into it 

in detail. But I mean, you said you knew what the 

procedures were. I'm just asking you in general terms 

what the procedure is. We can look at the documents at 

13 some later time if we want, but right now I'm just asking 

14 you --

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

MR. SILVERBERG: Do you have the document that 

you're referring to? 

MR. STEVENSON: I'm guessing no, unless you 

provided it to me, since this document was not 

identified in your discovery response such that I 

realized what it was. 

MR. SILVERBERG: So you're just asking this 

witness to summarize his understanding of the 

document? We don't have the document in front of 

us? 

MR. STEVENSON: We're not -- I'm not handing 
1 

2 

3 

him a document. 

MR. SILVERBERG: Okay. 

MR. STEVENSON: I'm asking him to summarize 

45 

4 his understanding of what is involved in changing 

5 the tire on one of the main landing gear on a 727. 

6 A. As it applies to the flying door, one of the 

7 steps -- and this is for the outboard tires only -- the 

8 flying door is in the way of removing the tire. And 

9 there is a banana link or what's called an actuating rod, 

10 I believe, in the maintenance manual, and there's some 

11 steps in order to move the door out of the way in order 

12 to get access to the wheel. 

13 BY MR. STEVENSON: 

14 Q. Okay. And how do you know -- okay. Let me --

15 you said that that was for an outboard tire? 

16 

17 

18 

19 

A. Mm-hmm. 

Q. Do you know if this was an inboard or outboard 

tire that was replaced on March 25, 2010? 

A. On March 25th, it was an outboard. It was a 

20 number four, based on my memory. 

21 Q. Okay. And are those -- how are the tires 

22 numbered for the 

23 A. Left to right, it's 1, 2, 3, 4. 

24 

25 

Q. And just for the clarity of the record, as is 

usual with aviation, I presume that left to right is from 
1 the point of view of somebody sitting in the cockpit? 

2 

3 

A. 

Q. 

Correct. 

And so, if I understand correctly, AMES' 

4 position is that it's possible that the missing bushing 

5 that was observed in April of 2010, could or would've 

46 

6 been caused by some -- whoever was doing the tire change? 

7 A. What I believe -- what our belief is is that 

8 there was a statement that no additional maintenance was 

9 done on that right-hand side after it left our facility. 

10 And what our point is, is in fact, there was maintenance 

11 performed, and maintenance performed that did involve the 

12 flying door. 

13 Q. Okay. Is that something -- do you dispute that 

14 there was a missing bushing on the aircraft at the time 

15 of the vibration incident in April of 2010? 

16 A. No. 

17 Q. Okay. So how would that bushing have come to 

18 be fallen off or be left off during the course of the 

19 tire change? 

20 A. Again, it's a line maintenance environment. 

21 Line maintenance has to move the flying door out of the 

22 way in order to change the tire. That link is what holds 

23 the flying door to the landing gear. 

24 Q. When you say that they moved the flying door 

25 out of the way, are they removing the flying door? 
1 

2 

A. 

Q. 

No. They are just repositioning it. 

Okay. And are they repositioning it -- may I 

3 presume that you're saying they repositioned it further 

4 than they would just by opening the landing gear? 

5 A. Correct. 

6 

7 

8 

9 

10 

Q. And it is AMES' belief that it's possible that 

the bushing could've fallen out during that procedure? 

MR. SILVERBERG: Objection. Asked and 

answered. Go ahead and answer. 

A. Correct. 

11 BY MR. STEVENSON: 

12 Q. There are some -- with respect to this 

47 

13 component, there are references to a bushing or a tubular 

14 bearing. Are you aware of any difference between those 

15 or are they referring to the same thing? 

16 

17 

18 

19 

20 

21 

22 

A. I've seen it listed different ways in the AMM 

depending on where you look. I've seen it stated as a 

tubular bearing or tubular bushing. 

Q. Okay. But those would be references to the 

same component? 

A. Right. 

Q. You're aware that CCIA told the FAA that the 

23 missing bushing was the result of AMES' actions in 

24 reinstalling the landing gear in March of 2010? 

25 MR. SILVERBERG: Objection as to the form of 
52 

1 specific. There was two aircraft. I recall specifically 

2 287. And my memory fails me, but there was one other 

3 aircraft. I believe 898 was still there. The Toledo 

4 mechanic informed Dan and I when he met us at the gate 

5 that, quote unquote, Frank let, I'm sorry, one of the 

6 airplanes go and I believe it was 899. But again, I may 

7 have the two tail numbers 898 and 899 confused. One of 

8 them actually flew on the Rochester and Bradley before it 

9 then ferried back to Wilmington. 

10 Q. Okay. And were all three aircraft ultimately 

11 ferried back to Wilmington? 

12 

13 

14 

15 

16 

A. Yes. 

Q. All right. So as best as you can recall, what 

happened when you - you said that when you had gotten to 

Toledo, you were met by the CCIA line mechanic -- line 

station chief. He took you in to meet Inspector Lipinski 

17 and what happened from that point? 

18 

19 

20 

A. You know, since it's been over four years, the 

sequence of events may be a little bit skewed. I believe 

we met in the office. We went out to the aircraft. I 

21 specifically recalled 287, and it's because of the 

22 conduit that was pinched. Dan Boggs had a digital camera 

23 with him and as Frank was pointing out his concerns, we 

24 were snapping pictures just so that we could go ahead and 

25 have a reference when we went back to the office, we can 
1 

2 

3 

4 

5 

6 

A. 

memory. 

Again, you know -- and I'm talking from my 

It's based on the way that Mr. Lipinski phrased 

it in the EIR. I'm trying to remember exactly where the 

word crushed came from and I believe it's in the EIR. 

think it misrepresents those people that are not 

knowledgeable. 

7 Crushed, to me, has a connotation of that it 

8 was beyond use. That it wasn't doing its job. That it 

9 was -- it created an airworthiness issue, which 

I 

10 Mr. Lipinski is completely incorrect in that assessment. 

11 Q. Okay. So one of the things that you mentioned 

12 would be if the conduit couldn't be -- sorry. That the 

13 word crushed would imply that the conduit couldn't be 

14 used. 

56 

15 

16 

A. 

Q. 

Right. 

Okay. So when Inspector Lipinski says that the 

17 conduit is crushed, do you think that that's just a 

18 question of degree from pinched or do you think it's 

19 completely out there? 

20 

21 

A. I believe it's completely out there. This 

aircraft had no history. That's an antiskid conduit, 

22 there's wires running through the conduit from the 

23 antiskid sensors in the wheel. This airplane had no 

24 history of antiskid issues. So you would believe that 

25 there would be logbook write ups and issues regarding 

so 
1 antiskid issues if, in fact, that conduit was crushed to 

2 the point where the wires were affected inside. 

3 Q. Okay. Now, do I understand, if I understand 

4 correctly, AMES has represented that this improperly 

5 routed conduit was work that was done by another vendor 

6 and then presented to AMES to be installed on the 

7 aircraft? 

8 

9 

10 

A. 

Q. 

A. 

No. Incorrect. 

Okay. 

During the work performed to troubleshoot the 

57 

11 vibration issue out of Cincinnati, Capital Cargo took the 

12 opportunity to have some warranty work done on that 

13 right-hand landing gear and they had a vendor, their 

14 vendor, their landing gear vendor, another 145 repair 

15 station come in and replace the outer cylinder. And as 

16 part of the replacing of the outer cylinder, the routing 

17 of that conduit is part of the work. 

18 

19 

Q. 

A. 

Okay. 

Not only that, but the vendor's QC department 

20 bought off on the installation. And on top of that, 

21 Capital Cargo's Cincinnati rep. signed off on the 

22 airworthiness, the rigging and the checks on that gear. 

23 Q. Okay. And was that the work that's in 

24 reference to work being reformed on April 18 of 2010? Do 

25 you know if that's the same work? 
58 

1 A. I do know, I recall that the log page number 

2 that specifically lists Mark Summer signing off all the 

3 work and the ATI QC inspector signing off the work is Log 

4 Page Number A8226. 

5 Q. All right. And do you know if AMES had any 

6 involvement in any of the work being done on the aircraft 

7 at that time? 

8 

9 

A. We provided labor for this. And it was, again, 

it was the helping and assisting where necessary. 

10 where in the documentation that I saw that I see 

11 specifically were AMES helped Capital Cargo or the 

So, no 

12 landing gear rep. signed off the work. So therefore, 

13 they are responsible. 

14 Q. And do you know who the -- you said it was CCIA 

15 had another vendor? 

16 A. Right. The name of the landing gear vendor is 

17 ATI. Not affiliated with the airline that --

18 Q. Okay. Yes. And that would be -- is that ATI 

19 Aviation Services? 

20 They were referred to as ATI. I'm not sure. 

21 

A. 

Q. Okay. All right. So you had the opportunity, 

22 you and Mr. -- it was Mr. Boggs? 

23 A. Right. 

24 Q. -- had the opportunity to visually inspect and 

25 photograph the condition of the landing gear and the 
1 about Frank's feelings about AMES. At that point in 

2 time, what was your understanding of Frank's feelings 

3 about AMES? 

4 

5 just 

A. Urn, I shouldn't say just about AMES. I mean, 

I mean, in my job as director of quality for 

6 AMES, I get an opportunity to meet with director of 

7 

8 

9 

qualities and quality departments of all the airlines. 

work with many different regions within the FAA. 

just -- I mean, I'll be honest. I felt very 

And I 

10 uncomfortable with how aggressive Frank was in his 

11 approach towards AMES and from what I heard, Capital 

12 Cargo. 

13 Q. Okay. Was it your understanding that this 

14 approach was -- I guess it was not your understanding 

63 

I 

15 

16 

that this approach was specific to AMES. 

AMES and Capital Cargo? 

It was at least 

17 A. Yeah. I mean, I think some of the specific 

18 dialogue, like the declaration that we provided, I think 

19 that all happened after this event. 

20 But leading up to that event, you know, an 

21 example was during our D91 audit when Frank was auditing 

22 us to put us on Capital Cargo's op spec, he made 

23 continuous -- several references to being -- Capital 

24 Cargo being forced to do maintenance at AMES and he 

25 quoted, quoted the mother ship, meaning our holding 
64 

1 company, was dictating that Capital should do, perform 

2 maintenance at AMES and that he specifically said that he 

3 preferred Capital Cargo having their maintenance done at 

4 Flight Star. 

5 Q. Was Inspector Lipinski correct that the holding 

6 company that owns both AMES and CCIA had? 

7 A. I have no knowledge that they did or didn't. 

8 Q. Do you have any knowledge as to the -- beyond 

9 what you were present at Inspector Darcy's deposition 

10 yesterday when this was discussed to some extent. Beyond 

11 that, do you have any knowledge of the quality of the 

12 work performed by Flight Star? 

13 A. I mean, I have my own personal opinion, but it 

14 isn't related to anything specific with regard to Capital 

15 Cargo's maintenance. 

16 

17 

Q. 

A. 

What is that personal opinion? 

Just that Flight Star is another one of those 

18 MROs and I've never really had heard anything overly 

19 positive about them. Nothing specific. Just how they 

20 operate, how they, you know, how they handle customer 

21 service and customer work and so forth. 

22 Q. Okay. I mean, just for the sake of clarity, 

23 you say you hadn't heard anything overly positive. Does 

24 that -- do you literally mean you just hadn't heard 

25 anything positive or does that mean you had heard things 
1 that were negative? 

2 A. I'm trying to remember at the time. I guess I 

3 should rephrase it. I should really say that my 

4 '! impression of Flight Star was that it was just another 

5 one of those MROs. And when I say just another one of 

6 those MROs, I mean recalling AMES, where AMES came from. 

7 I mean, the average experience level of our technicians 

8 was 15 to 18 years. Most of the management team that 

9 manages AMES, all the management team that manages AMES 

10 have been together well over a decade. 

11 Q. At Inspector Darcy's deposition, he gave an 

12 opinion to the effect that he felt that the people at 

13 Flight Star were far more experienced in working on 727 

14 aircraft. Do you agree with that assessment? 

15 A. That was the first time I had heard about 

16 Flight Star having that much experience. 

17 

18 

Q. 

A. 

Okay. 

Yeah. All that I had heard about -- I guess 

19 what I should also add is from Flight Star, from what I 

20 understand, at least this is through conversations, what 

21 I believe was that Frank used to be the PMI of Flight 

22 Star. And I remember that came up during the D91 audit 

23 and I remember thinking that's awfully suspicious. 

And why do you think that's suspicious? 

65 

24 

25 

Q. 

A. I don't believe that an FAA inspector should be 
66 

1 making comments about where an operator should send their 

2 maintenance and the fact that he was the PMI for Flight 

3 Star and he's recommending Flight Star, you know, that he 

4 recommends to Capital Cargo, that that's where they 

5 should send it. I don't think that that's the role of an 

6 FAA inspector. 

7 Q. Do you think that it is unusual for an FAA 

8 inspector to discuss with a certificate holding entity 

9 that he supervises, what sort of vendors would or would 

10 not be helpful for the company to use? 

11 

12 

13 

14 

15 

16 

17 

A. I think it's unprofessional. It's not the 

purpose for a regulator or an inspector. 

Q. Well, let me ask then, do you think that -- I 

understand you think it's, you said it's unprofessional. 

Do you think it's unusual? 

A. Yes. In my opinion, yes. 

Q. Although an FAA, one part of an FAA inspector's 

18 job is ultimately going to be to approve or not various 

19 vendors or subcontractors, either for an air carrier or a 

20 repair station --

21 

22 

23 

A. 

Q. 

A. 

Mm-hmm. 

-- right? Okay. 

I mean, you've got to realize we had not -- I 

24 didn't know Frank Lipinski before the D91 audit came. 

25 And so, you know, I understand -- you're asking me what I 
67 

1 think and I'm telling you, the first time you meet an FAA 

2 inspector, he comes in on a D91 audit, which is a formal 

I 

3 1 FAA audit, and proceeds to tell me, who represents 

4 another MRO, that, yeah, he prefers this other and he 

5 doesn't understand why the mother ship is forcing this. 

6 I mean, it was a discussion about economics and running 

7 of an airline, which again, that's -- I mean, I believe 

8 my impression was, as I said, this inspector needs to be 

9 focusing on his part of the responsibility. 

10 Q. Okay. 

11 A. There was also comments made by Mike Loline, 

12 who was the manager of quality assurance at the time that 

13 was there for the D91. I recall those comments and he 

14 jokingly referred to Frank as the other CEO of Capital 

15 Cargo. You know, I'm a 145. I've been, you know -- I 

16 have a customer coming in. I want to make that customer 

17 happy, but I'm hearing all these comments. Which again, 

18 made the impression for me about Frank and about how he 

19 works. 

20 Q. Is Mike Loline, was he at AMES or at CCIA? 

21 A. He was the Capital Cargo manager of quality 

22 control at the time. 

23 Q. Now, you heard Inspector Darcy talk about some 

24 of what he felt to be deficiencies in AMES during an 

25 initial inspection that AMES later corrected. Did you 
It's an internal investigation document. We initiated 

those to the departments that had performed the work and 

we went through a very thorough investigation of the 

issue. 

And that's really-- I mean, I don't recall 

with any real specific details about what we did beyond 

that. 

Q. Okay. Well, let me go back to Toledo for a 

70 

1 

2 

3 

4 

5 

6 

7 

8 

9 second. So on May 25th, you had looked at 287SC. Before 

10 

11 

12 

you left for Wilmington, did you look at any aircraft 

other than 287SC while you were in Toledo? 

A. You know, I vaguely remember that we walked 

13 we may have walked over to the other airplane, but I 

14 don't think we took any pictures. It was just more of 

15 Frank saying, hey, we're seeing this rubbing or whatever 

16 on these other airplanes. I do remember him pointing to 

17 the aft hinge and I don't remember which airplane it was, 

18 and pointing saying, see, there's some missing shims or 

19 washers. Because look, the front hinge has it and the 

20 aft hinge doesn't. 

21 Now, subsequently, in our investigation, we 

22 found that there's not supposed to be any washers in the 

23 aft hinge. But I do remember Frank making that comment 

24 and pointing and that's why we took pictures of the aft 

25 hinge. It's in the group of pictures. 
1 

2 

3 

Q. Okay. And this is the aft hinge on 287? 

A. Right. Yeah. You notice there are no hinges 

or no washers on each side. And I remember him pointing 

4 to that. 

5 Now, you know, just like us, I don't expect 

6 Frank to have the AMM memorized. I'm sure, you know, he 

7 pointed to it and he said, hey, look there's no washers, 

8 not knowing that per the AMM, there's not supposed to be 

9 any washers there. 

10 Q. Okay. Do you know at the time that you 

11 observed 287SC on May 25th and 26th, whether the flying 

12 doors on that aircraft were out of rig? 

71 

13 

14 

A. First of all, you can't check the rig of a door 

unless you swing the gear. So seeing an airplane, I 

15 don't know how anybody, including Mr. Lipinski can look 

16 at a door and say, hey, it's misrigged. You can't do 

17 that until you swing it. 

18 Q. Okay. Did you -- I'm going to provide you with 

19 a document that's been marked for this deposition as 

20 Exhibit E. It is identified on its face as an FAA 

21 memorandum dated September 28, 2010 from Jack Gasche to 

22 Frank Lipinski. It was contained in the EIR. I'll let 

23 Mr. Silverberg review it. 

24 (Exhibit E Received and Marked) 

25 MR. SILVERBERG: It appears to be one of the 
75 

1 Q. Okay. And do you have any reason to believe 

2 that he would write something down in a statement for an 

3 EIR that he did not believe to be accurate? 

4 MR. SILVERBERG: Objection. You're asking him 

5 to speculate about Mr. Gasche's state of mind. 

6 A. Yeah. I was going to say, again, I've never 

7 met Mr. Gasche. That letter is the extent of any, any 

8 sort of knowledge I have of him. 

9 BY MR. STEVENSON: 

10 Q. Sure. 

11 A. But I repeat that he somehow put that together 

12 three months later. 

13 Q. Now, we have been talking about the time that 

14 you were in Toledo. Did you ever personally examine 

15 these aircraft after they were back in Wilmington? 

16 A. Oh, after they ferried from Toledo to -- and 

17 Bradley to Wilmington? 

18 Q. Yes. 

19 A. Yes. I went down and at least on a daily 

20 basis, walked around the aircraft and talked to Charles 

Working, who was the director of maintenance that was 

there for Capital Cargo prepping the airplanes and 

23 talking to my inspectors. 

24 Q. Okay. Did you have the opportunity to 

25 personally examine the other aircraft like you had with 
1 287SC? 

2 

3 

4 

5 

6 

A. 

Q. 

Yes. 

Okay. And what, if anything, do you remember 

observing about the condition of those aircraft? 

A. Yeah, I mean, we were under direction -- we 

were under direction from Charles Working. We were -- I 

7 recall that our marching orders from the operator, which 

8 is completely understandable in the case, was we need to 

9 

10 

make this like new. We want this -- we want these 

landing gear or these flying doors immaculate. We don't 

76 

11 want any opportunity for Frank or any other FAA inspector 

12 to inspect any of these airplanes after the fact and find 

13 any more problems. 

14 So I do recall that my inspectors were asked to 

15 inspect the flying doors and the areas with a fine tooth 

16 comb. They wanted us to write up every nick, every minor 

17 flaw -- which is not normal, by the way, in a "C" Check 

18 environment or anything else. Unless there's a specific 

19 job card that drives you to a specific area. 

20 

21 

22 

23 

24 

25 

Q. Sure. Do you have any personal recollection of 

what, if any, nicks or flaws were on these aircraft? 

A. Urn, no. I mean, most of my dialogue -- I mean, 

I knew that there was nonroutines. Written, many 

nonroutines. I remember talking to Dan Boggs about it 

and saying, yeah, there's a lot of nicks and bumps and 
1 ask it again. 

2 Are you aware of any maintenance actions that 

3 AMES took that weren't necessary? And by necessary I 

4 mean that would not have been called for by CCIA's 

5 maintenance requirements, or the Boeing AMM, but were 

6 

7 

8 

9 

10 

11 

12 

13 

just things that you were doing because CCIA wanted them 

done? 

A. Yeah. I mean, really, you know, in my opinion, 

almost all the work done, I mean, again, we've never 

stated or agreed that the doors were misrigged to begin 

with. And specifically, not misrigged when they left 

AMES's facilities or control. 

You know, when I reviewed the specific 

86 

14 nonroutines, again, all I see is wear and tear, blend and 

15 treat. You know, fixing nicks. Replacing a worn seal. 

16 Again, to me, these are normal operational type wear and 

17 tear items. When the airplane comes in for a "C" Check, 

18 yes, a lot of these things may be written up, but not to 

19 the detail that was written up in the May visit. 

20 Q. I'm curious. I think you referred a couple 

21 times today to blending damage and the impression that I 

22 get when you refer to that is that you don't consider it 

23 a significant thing. 

24 A. No. 

25 MR. SILVERBERG: Objection. Leading. If you 
1 as item numbers 2, 3, 8, 9 and 10. 

2 

3 

4 

5 

6 

7 

8 

9 

10 

A. Correct. Correct. 2, 3, 8, 9, 10. 

MR. SILVERBERG: Where's the 2? 

THE WITNESS: Right here. He's going off of 

this item number here (indicating). 

MR. SILVERBERG: Starting in H, it starts 10. 

A. Referring to nonroutines 2, 3, 8, 9 and 10. 

BY MR. STEVENSON: 

Q. Okay. Now, for the sake of completeness, let 

me also mark as I think I'm up toM -- this was an 

93 

11 item of proof from the EIR and it was the package, and so 

12 it's going to have some duplicate documents in here. But 

13 I'm just going to keep it as a complete item in case that 

14 it ends up mattering later. These were produced by, I 

15 would presume by AMES to Inspector Lipinski. And then 

16 this includes, by my reading, items 1 and 4 that were not 

17 in the other discovery response. So let me give this to 

18 you guys to review. 

19 MR. SILVERBERG: What item of proof? 

20 MR. STEVENSON: I did not note the item of 

21 

22 

23 

24 

25 

proof number. 

MR. SILVERBERG: Is this rework? 

THE WITNESS: No. This is the -- yes. 

MR. SILVERBERG: What airplane? 287? 

THE WITNESS: 287. 
1 

2 

3 

4 

5 

6 

which he thinks were necessary or unnecessary and 

once he let's me know that, then I can have follow 

ups as appropriate. 

MR. SILVERBERG: Let's take it one at a time 

then. 

A. Yeah. And since, since those are incorporated 

7 in this, I'm just looking at that Exhibit M. 

8 BY MR. STEVENSON: 

9 

10 

Q. 

A. 

Okay. 

I mean -- yeah. Item number 1, I mean, we 

11 removed the left-hand main gear wing door, inspected 

hardware and we replaced the door. Again, the door was 

not out of rig. Did not find any hardware. 

Q. 

A. 

Q. 

Well, now, item 1 --

I'm using --

Sounds like, I mean, item 1 is a remove the 

door and replaced it, right? 

97 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

A. No. Left-hand main gear wing door reported for 

discrepant condition. Suspect worn bushings. We removed 

the door and we replaced bushings. Again, there's no --

you're asking me my opinion about where these -- let me 

make sure I characterize it correctly. You're asking me 

to review these and identify those items that I believe 

are outside the maintenance program or outside of the 

approved -- the requirements for doing this. 
98 

1 Now, let me state, too, that, you know, again, 

2 this is May. This happened -- we're signing off on May 

3 31st, between May 27th and May 31st. Again, this was two 

4 months after we performed the change. So this airplane 

5 was in operation for several months outside of AMES' 

6 control. I have no idea what kind of maintenance, other 

7 than what's listed in that omnibus report or the 

8 operation of the airplane. 

9 

10 

Q. 

A. 

Sure. 

So any of these indications I do find, again, 

11 to me do not relate back to whether the doors were 

12 originally rigged per Mr. Lipinski's requirements or not. 

13 Q. Sure. So item 1 would reflect the replacement 

14 of worn bushings? 

15 

16 

17 

18 

19 

20 

A. 

Q. 

Of worn bushings. 

Okay. And that is not something that you feel 

would be strictly necessary? 

A. 

Q. 

A. 

Right. 

Okay. 

Right. 

The next item is item number 2. Let me see. 

21 Now, we went ahead and removed and replaced the 

22 right-hand main landing gear wing door. And I guess the 

23 comments I have with this is, number one is, again, 

24 Capital Cargo signed off on this right-hand main landing 

25 gear door on or about April 20th. We did not sign it 
1 

2 

3 

4 

off. So this is another certificated agency had signed 

off on this door before we got it. 

And number two is, we were under the direction 

of Charles Working. He said replace the door, so we 

5 replaced the door. 

6 Q. I understand. So that was -- that's an 

7 entirely new door being put on? 

8 

9 

A. 

Q. 

Correct. 

Okay. And if I understand correctly, you did 

10 not feel that that would've been necessary. 

11 

12 door. 

A. It says replace door with customer supplied 

This was a customer request. I have no knowledge 

99 

13 of why he wanted us to replace that door, but he asked us 

14 to do it so we did it. 

15 Q. Sure. 

16 A. It also says to check bushing and hardware for 

17 condition and wear. And it says specifically that we 

18 checked those bushings for condition. It doesn't say 

19 that we would replace them. It just says we checked 

20 them. Of course, it has the pinched wiring conduit. 

21 Yes, I agree that once this was found, this 

22 should have been replaced so, yes, that was done. That 

23 was item number 3. 

24 Item number 4, remove and replace left-hand 

25 flying door, forward roller assembly. It says we 
1 

2 

100 

replaced it. Other than that, you know, I can't comment. 

It doesn't say what the condition was. But again, you 

3 know, I have to state we're under Mr. Working's orders. 

4 

5 

It didn't say try to repair it. It didn't say lube it. 

He told us to replace it. So it was a customer request. 

6 We replaced it. 

7 

8 

Q. 

A. 

Sure. 

Item number 5. It says panel on inboard side 

9 of inboard flap track fairing has three bad nut plates. 

10 I'm not sure what was wrong with the nut plates, but we 

11 

12 

replaced the nut plates. This was inside the inboard 

flap track fairing. From my recollection of the landing 

13 gear change procedures and everything else, it does not 

14 

15 

ask us to inspect that fairing. So again, I'm not sure 

where the three bad nut plates were. If they found them 

16 and they were stripped, then obviously, they need to 

17 change them, but again, that's normal line maintenance, 

18 wear and tear type repairs. 

19 

20 

21 

22 

23 

24 

25 

Stop strip missing, right landing gear. Right 

landing gear wing door forward hinge door metal stop 

strip missing. Again, this is where Capital Cargo signed 

off on it, you know, a month prior. We replaced the 

strip. Again, these are the type of things that you 

would find in just a typical line environment type stuff. 

Q. Do you know if that strip was something that 
101 

needed to be replaced or 

A. I mean, it's a stop strip. So, you know, my 

1 

2 

3 

4 

5 

recollection is, yeah, it's a wear strip. It's something 

that a stop stops against. So it bec~e dislodged. 

Item number 10, left-hand main landing gear 

6 wing door forward and aft hinge cover, hinge pins 

7 improperly installed. This is on the left-hand side. 

8 These hinge pins are part of a hinge pin cover assembly. 

9 It's part of the landing gear change procedures. My 

10 recollection is we don't do anything with these hinge 

11 pins. So again, I have no comment about what they mean 

12 by improperly installed or whether AMES, you know, had 

13 done that. Because as far as I know, there was no work 

14 done on these hinge covers when it was in the -- when 287 

15 was in our facility in March. 

16 Q. Do you know if that was something that needed 

17 to be done? 

18 

19 

A. I'm 

the description. 

yeah. I'm sorry, I'm just looking at 

Improperly installed. It doesn't tell 

20 me if they were loose or exactly what was going on. 

21 

22 

23 

24 

25 

Q. Okay. 

A. But then again, it was in operation for two 

months after it left our facility. So if a line mechanic 

found a loose hinge pin and did something, we wouldn't 

have known about it. 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

102 

Item Number 9, left-hand inboard flap fairing 

has slight damage in forward main landing gear wing door 

hinge at, I'm sorry, at forward main landing gear wing 

door hinge opening. Blended. It was a blend and treat. 

Q. Do you know whether or not that was something 

that would've been needed to be done in accordance with 

the AMM or the MIP? 

A. This says we requested engineering to evaluate 

it. 

MR. SILVERBERG: If you know. 

A. Yeah. I mean, no. I'm thinking. I don't --

yeah. No, I don't know. I don't know if it again, 

13 just based on the, you know, this could've been something 

14 as minor as chips on paint or, you know, something, but 

15 bottom line, it was blended. So based on my knowledge of 

16 what defines an airworthy or unairworthy condition, 

17 blending is a minor repair. A minor repair, by 

18 definition, doesn't impact airworthiness. 

19 Item number 8, again, another hinge opening, 

20 blended damage. It was a blend and treat repair. So 

21 again, minor. And that's all the items in Exhibit M. 

22 

23 

BY MR. STEVENSON: 

Q. Okay. So would it be fair to say that, setting 

24 aside the pinched conduit, your opinion would be that 

25 almost all of that work was not something that was 
103 

necessary to be done but was either minor or cosmetic? 

A. Or customer --

1 

2 

3 

4 

5 

MR. SILVERBERG: Objection to the form of the 

question. Leading. 

A. All those items are either wear and tear or 

6 customer requests. 

7 BY MR. STEVENSON: 

8 Q. Well, let me make a distinction. An item -- a 

9 component could be so damaged by wear and tear that it's 

10 necessary to do a repair, right? 

11 A. Correct. 

12 Q. Okay. So just for the purpose of clarity, I'm 

13 not asking whether or not you think it's what the 

14 cause of it was, but am I understanding correctly that 

15 you did not think that any of that damage was to the 

16 point where it would've been a required repair? 

17 MR. SILVERBERG: Objection, leading. 

18 A. I guess we're talking about all eight items. 

19 May I take a look at those again and just look through 

20 them real quick? 

21 

22 

23 

24 

25 

BY MR. STEVENSON: 

Q. Sure. I will provide you with M. 

MR. SILVERBERG: Could we have the question 

read back, please? 

(Reporter Complied with Above) 
1 

2 

3 

4 

5 

6 

Check cards that inspect these areas. 

those "C" Checks. I just know there 

know what the content of those are. 

109 

Now, I don't know 

are some. I don't 

They may be directed 

towards some of these nonroutines that we're looking at. 

Q. 

A. 

Okay. 

I'm relating this back to the work we performed 

7 when we changed the gear and that's what the basis of my 

8 knowledge is, is just the work scope of changing the 

9 gear. 

10 Q. Okay. Well, as you're looking at those, let me 

11 know what your -- I mean, if there's some distinction you 

12 need to make about your understanding or knowledge of a 

13 particular document, just make sure to let us know. 

14 

15 

A. Right. And again -- so, yeah. It comes back 

to our work performed specifically to AMM procedures. I 

16 don't know the -- in one of the documents we did provide 

17 you, I think it was part of the informal letter we 

18 submitted to you during the informal hearing, we provided 

19 a copy of the Capital Cargo maintenance program and in 

20 

21 

there, it referenced a couple of "C" Check cards. Again, 

I don't -- I have not looked at those. I don't know what 

22 the content of those are. 

23 

24 

Q. 

A. 

Okay. 

So I could only address it back to what are the 

25 AMM procedures that we performed when we changed the 
110 

1 gear. And again, this is 899 and I do want to state that 

2 the airplane was in operation some nine months. I don't 

3 know how many thousand cycles it went through after it 

4 left our facility. We never received any comments from 

5 Capital Cargo regarding that our work on the landing gear 

6 on this aircraft that there was any problems when it went 

7 into service. 

8 

9 

10 on a 

Q. 

A. 

So noted. 

Okay. The first item is regarding some chafing 

regarding a hydraulic line clamp. The corrective 

11 action refers to the overhaul manual. We did not perform 

12 any work within -- that we would need an overhaul manual 

13 for when we changed the gear. 

14 Generally speaking, the overhaul manual is 

15 something that that's handled with the landing gear 

16 vendor, any work that's listed in the overhaul manual. 

17 We refer to it here in relocating the swivel clamps. 

18 Q. Okay. It would probably be easiest if we just 

19 went in order with the exhibits. 

20 A. Well, the reason I'm doing this is item number 

21 13 is a nonroutine generated from the chafing caused by 

22 these clamps. 

23 Q. Okay. 

24 A. And basically, we did a blend and treat repair. 

25 So again, I was just looking at the extent of the damage 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

111 

found based on the clamps. 

Q. Okay. And so, I mean on the necessary, 

unnecessary scope, is the blend and treat something 

that's -- I know you said it was minor. Is that 

something that needs to be done or is that something that 

could be left undone? 

A. This is something that during a general visual 

inspection of the area, such as during a "C" Check, that 

you would find something like that. And, yeah, you would 

repair it. You would go ahead and blend and treat. 

Item number 10, it's in regard to some inboard 

flap chafing at center aft forward fairing. Again, it 

was a blend and treat repair. 

Q. And again, am I understanding correctly that in 

15 your opinion, a blend and treat repair is something that 

16 is -- it needs to be done to prevent future corrosion but 

17 

18 

19 

20 

is minor? 

A. It's minor in nature. To me, it's wear and 

tear in between major maintenance visits. And, yeah. 

Yeah. So again, the blend and treat repair is a minor 

21 repair. 

22 Item number 3, it is left-hand main landing 

23 gear flying door aft hinge as improper hardware stack up. 

24 

25 

Now, that's the write up. The corrective action is that 

we just verified the hardware and reinstalled. So my 
112 

conclusion based on that is that they didn't find 

anything wrong. 

3 Q. Now, so you're saying so they -- so who --

4 this is written up -- M. Fahrubel, it looks to me, wrote 

5 up this discrepancy. Is that an AMES employee? 

6 A. Yeah, that's an AMES supervisor. And again, 

7 all these airplanes when they came in, Charles Working 

8 walked the airplane with the supervisors and the 

9 inspectors and wrote up nonroutines. Mr. Fahrubel was 

10 probably the scribe 

11 Q. Okay. So 

12 A. -- initiating the nonroutines. 

13 Q. I'm sorry, who would've been walking around 

14 with Fahrubel, do you think? 

15 A. Mr. Working. He approved every single 

16 nonroutine that we did. 

17 Q. Okay. So Mr. Working and Fahrubel would've 

18 been working around and they observed something in the 

19 aircraft that resulted in them writing it up as an 

20 improper hardware stack up? 

21 A. Well, remember, the whole purpose for fairing 

22 the airplanes back to Wilmington was to check the doors, 

23 to make sure the doors were rigged. So we dropped or, 

24 i.e., removed and reinstalled every single one of the 

25 doors. So this is just the nonroutine checking for the 
113 

1 improper hardware stack up. 

2 

3 

4 

5 

6 

Q. Well, but this says discrepancy left-hand main 

landing gear flying door aft hinge has improper hardware 

stack up. 

A. Mm-hmm. 

Q. Now, I would not normally expect a mechanic to 

7 write that hinge has an improper hardware stack up if 

8 they didn't have a reason to believe that the hinge had 

9 an improper hardware stack up. 

MR. SILVERBERG: Objection, argumentative. 

don't know that your understanding of what a 

mechanic would do is relevant, but if you can, 

answer the question. 

A. Again, regardless of the discrepancy, the 

10 I 

11 

12 

13 

14 

15 

16 

discrepancy is just an initial judgment. We always go to 

the corrective action. The corrective action says they 

17 verified hardware. There are no problems. There were no 

18 problems with it. And they signed it off per the 

19 maintenance manual. Or in this case -- actually, I'm 

20 sorry, they signed it off to the service bulletin. 

21 I mean, what you'll find on each one of these 

22 cases is we removed the doors and we verified the 

2 3 hardware. 

24 

25 

Q. Sure. That was item 3? 

MR. SILVERBERG: Correct. 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

A. Yes. 

BY MR. STEVENSON: 

Q. 

A. 

Okay. 

Left-hand main landing gear flying door aft 

114 

hinge location. Item number 9 has the same thing but it 

is for the left main landing gear flying door forward 

hinge location. Same write up. Verified hardware. 

Item number 4, same discrepancy; same 

corrective action. 

Item number 11, right-hand main landing gear 

flying door forward hinge has improper hardware stack. 

Again, same terminology. Specifically in the corrective 

action it says no defect noted. So again, these are 

Q. Now, when you're looking at item 11 and it says 

15 no defects noted, would you take that -- it says 

16 reinstall door and then it says no defects noted during 

17 adjustment test. 

18 

19 

A. 

Q. 

Mnl-hmm. 

Would you take that to mean that there were no 

20 defects after the door had been removed and reinstalled? 

21 

22 

A. 

Q. 

Correct. 

So that was not a test that was done before the 

23 removal of the door? 

24 

25 

A. 

Q. 

Correct. Right. 

On several -- on this, if you look at the -- do 
1 

2 

3 

4 

5 

6 

7 

118 

Q. Well, I understand that, but are you -- would 

you be able to say based on this write up, whether or not 

that as of May 2010 when they did find this damage 

A. Min-himn. 

Q. -- it was necessary to go ahead and replace 

that? 

A. Oh, absolutely. Any time you find damage on an 

8 airplane, yes, you write it up and you repair it, you 

9 replace it. 

10 Q. Okay. 

11 

12 

13 

A. 

Q. 

A. 

Item 13 we had already talked about. 

Sure. 

Item 14, this is the left-hand and right-hand 

14 main landing gear gimbal fitting do not have cotter pins. 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Needs torque checked and safetied. 

This is interesting in that Mr. Lipinski brings 

it up in the EIR. Mr. Buck misquotes it in his LOI 

response. This is an in situ finding. This is the 

inspector -- I talked to the inspector, Mr. Dave Hopper, 

and he recalls this issue. They were getting an okay to 

swing the gear. He was doing a general visual of the 

installation. And he found that they had forgot to put 

cotter pins on the end of these bolts. So they wouldn't 

install them. So the airplane never flew without the 

cotter pins, which is -- which again, Mr. Buck 
119 

1 incorrectly states in his LOI, and Mr. Lipinski states 

2 again and again in his EIR, is an unairworthy condition. 

3 The airplane never flew without these cotter pins. 

4 

5 

Q. So when I 

term in situ. This is 

I understand correctly, is use the 

the cotter pins were lost 

6 during the maintenance at -- I'm sorry. Do I understand 

7 you correctly to be suggesting that the cotter pins were 

8 lost during this May 2010 maintenance at Wilmington and 

9 this is the technician noticing that, hey, these fell off 

10 in the last couple of days? 

11 

12 

13 

MR. SILVERBERG: Objection. He did not state 

that they were quote, "lost", close quote. 

A. Right. I was going to state that this is 

14 they had, per the prior nonroutines, they had changed the 

15 fasteners and reshimmed the gimbal fitting on both the 

16 left and right-hand side. 

17 BY MR. STEVENSON: 

18 

19 

20 

21 

22 

23 

24 

25 

Q. 

A. 

Okay. 

There's a bolt that goes through the gimbal 

fitting and it requires a safety cotter pin. So when 

they reinstalled it, they forgot to put the cotter pin in 

and the inspector caught it --

Q. Okay. 

A. -- and wrote another nonroutine to make sure it 

was documented and make sure they replaced the cotter 
120 I 

1 pins before they did the gear swings. But again, the 

2 airplanes never flew without any cotter pins. 

3 Q. Okay. 

4 

5 16, 

A. I believe, yeah, going on to item number 15, 

17, 18 -- and that's it. 18. All these are repairs 

6 to different hinge covers due to cracks. 

7 

8 

9 

10 

Q. Okay. 

A. Again, during the AMM procedures, 32-11-00, we 

do not remove this hinge cover. 

work scope. However, if we had, 

This is not part of the 

if we had noted anything 

11 in the -- during the landing gear changes, such as cracks 

12 or so forth, we would've wrote them up. And again, this 

13 airplane was in operation for nine months, you know, so 

14 my contention is that these cracks more than likely 

15 happened during that nine months. 

16 Q. Okay. So if I --

17 A. Wear and tear or back to our discussion about 

18 changing that outboard wheel on 287, the review of the 

19 

20 

21 

22 

23 

24 

25 

AMM procedures for changing wheel contained a note that 

basically says, be careful with this flying door. Do not 

overextend the flying door or else you'll crack the 

hinges. There's a special note in the AMM. So one of 

the causes for cracking these doors or damaging these 

doors is overextending that door when you're changing the 

gear. 
123 

1 are repairing it. 

2 

3 

4 

5 

6, 

7 

8 

9 

10 

11 

12 

MR. STEVENSON: All right. Now, I note that 

it's after noon. I don't know what your gentlemen's 

preferences for lunch are, but now it's sort of time 

if you wanted to, I'm okay for now. But --

MR. SILVERBERG: I can keep going except for a 

walk down the hall. I had much too much coffee this 

morning. I apologize for that. But it's up to you, 

because you're the 

THE WITNESS: I'm fine. I'm fine. 

MR. SILVERBERG: We can keep going. 

MR. STEVENSON: Okay. That's fine. Off the 

13 record. 

14 (Proceedings recessed at 12:16 p.m.) 

15 (Proceedings resumed at 12:20 p.m.) 

16 BY MR. STEVENSON: 

17 Q. All right. Mr. Becker, I wanted to go back a 

18 moment before we delve into 898AA, and ask you a little 

19 bit about the tire replacement on 287SC from, sorry, that 

20 occurred in late March of 2010. 

21 If I understand correctly, you had indicated 

22 that it was possible that during that tire replacement, 

23 the bushing fell out or was not reinstalled or something 

24 along those lines. 

25 A. Mm-hnnn. 
124 

1 Q. I'm sorry, just for clarity, was that a yes or 

2 a no? You said mm-hmm and I'm just trying to --

3 

4 

A. Yes. 

possibility. 

Yes. My contention is, is that there's a 

There was another maintenance event. Ben 

5 Bucks' statement in one of the letters was that there 

6 were no other maintenance events and I'm just stating 

7 

8 

9 

it's incorrect. 

happened. 

Q. Sure. 

There's a possibility that that could've 

Based on, you know, your knowledge and 

10 experience, do you know how likely that would be? 

11 MR. SILVERBERG: Objection. But go ahead. 

12 A. Where my frame of reference comes from is my 

13 discussions with Mike Ebert, who was then the director of 

14 line maintenance for AMES. 

15 When the tubular bearing came up missing as 

16 part of the investigation, I talked to Mike and I said, 

17 okay. So what's, you know, what's the line maintenance 

18 version of what goes on? You know, how does that work? 

19 And he said that he had had conversations with somebody 

20 in Capital Cargo I don't know who. It may have been 

21 Mark Summers, it may have been some other line 

22 maintenance folks from Capital Cargo, but that at times, 

23 the line maintenance people will remove that bolt that 

24 contains the tubular bearing and hold up the flying door 

25 out of the way as they change the wheel. 
125 

1 That procedure is not in the Capital Cargo 

2 procedures for changing the wheel. And in the Boeing 

3 procedures for changing the wheel, it has that note that 

4 specifically says, hey, you'll damage the hinge cover if 

5 you remove the link that way. Because you're holding up 

6 the door, it's not steady. 

7 

8 

9 

So that's where my, again, that's where my 

frame of reference is coming from. That there was an 

opportunity for that tubular bearing to be missing. That 

10 coupled with when we did our investigation, the mechanic 

11 that performed the work specifically said in his 

12 statement, I recall putting the tubular bearing back in. 

13 Q. Sure. So if I understand correctly, for the 

14 tubular bearing to have come out while the mechanic was 

15 i changing the tire, that mechanic would have to have been 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

doing that maintenance action in a way that the Boeing 

AMM specifically tells him not to do because it might 

damage these hinge covers? 

A. Yeah. All I recall is it has a note specific 

that says, if you do not use this other procedure, that 

hinge cover damage can occur. And as we found, almost 

every single one of the airplanes that came in had some 

form of hinge cover damage. 

Q. Do you think that it is more likely that the 

bushing was left out when the MLG was installed at AMES 
1 

2 

3 

4 

5 

6 

7 

8 

or more likely that this mechanic violated the AMM and 

lifted that door such that the bushing fell out? 

126 

A. I think as I stated in my response to the Ben 

Buck, we did not have any proof or even any inkling that 

that bushing or that tubular bearing was missing. And 

not only did we have a statement from the technician that 

says he specifically recalls putting the bearing back in, 

but again, the doors were swung. They met all the fair 

9 conditions. We can only assume that if you're gonna go 

10 ahead and do a function check to make sure that all the 

11 procedures followed, that that door, there would've been 

12 issues or problems with that door if that tubular bearing 

13 was missing when it left the AMES facility. 

14 So all I could say is, I am fairly confident 

15 that AMES left that tubular bearing in. Also that 

16 airplane flew and we got an e-mail from Randy Buol, the 

17 vice-president of Capital Cargo said the airplane flew 

18 perfect. No problems noted after the gear changes. You 

19 would think that if that tubular bearing missing had 

20 caused vibration, that you would've felt it immediately. 

21 Again, you know, putting, stringing all those 

22 conclusions together, I find it hard to believe that AMES 

23 left out that tubular bearing. And that's why I stated 

24 it in the, in the CAR that I responded to Ben Buck, that, 

25 you know, we're here to help as much as we can, which is 
1 the way we work, but I can't tell you that we left that 

2 out. 

3 Q. Okay. Let's turn to 898. If I am keeping 

4 track correctly, we're up to Exhibit P. And this is a 

5 one-page document that was identified by the Respondent 

127 

6 as Number 16 in his document production. And I will give 

7 opposing counsel the opportunity to look at that. 

8 MR. SILVERBERG: Okay. 

9 (Exhibit P Received and Marked) 

10 BY MR. STEVENSON: 

11 Q. All right. Now, would I understand correctly 

12 that this supplemental sheet contains one discrepancy 

13 that was written up by CCIA? 

14 

15 

A. 

Q. 

Correct. 

Okay. And do you have any reason to doubt the 

16 accuracy of the discrepancy they wrote up? 

17 

18 

19 

20 

21 

22 

23 

24 

25 

A. 

Q. 

No. 

Okay. All right. What I have here are the 

I have one large document that I'm going to mark as 

Exhibit Q. This should be Item of Proof 25. It's the 

package as contained in the EIR of the nonroutine cards 

from AMES for 898AA in late May 2010. I will note for 

you that like the similar ones, the highest numbered card 

I have is 33. And I do not seem to have 23 or 31. So 

unless we notice them while we're going through here --
128 

1 and when I'm asking you to look at them, you'll see them, 

2 those will be the two that I will ask you what happened 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

to. I'm going to go ahead and provide that to opposing 

counsel. 

(Exhibit Q Received and Marked) 

MR. SILVERBERG: Let's not waste time going 

through all these pages. 

26 --

If it's item of proof 

MR. STEVENSON: Sure. 

MR. SILVERBERG: -- 25. 

MR. STEVENSON: I think it's 25. It's in 

between the other two, and the other ones were 24 

and 26. 

MR. SILVERBERG: 

we'll call it out. 

MR. STEVENSON: 

If we see any deviations, 

That's fine. 

17 BY MR. STEVENSON: 

18 Q. All right. And so I'm going to ask you to do 

19 the same thing with this that you did with the other 

20 ones. Let's identify them by item number. Look at them. 

21 Let me know if these are things that you think were 

22 necessary repairs or were not necessary repairs. 

23 

24 

25 

MR. SILVERBERG: In the framework of the 

answer that he gave last time with respect to the 

AMM? 
1 

2 

MR. STEVENSON: 

MR. SILVERBERG: 

129 

Well, okay. Are these 

He did not agree with your 

3 he stated what his understanding was for purposes of 

4 answering these questions and his frame of reference 

5 was the AMM. 

6 BY MR. STEVENSON: 

7 

8 

9 

Q. If I understood correctly, for the last 

question, you said you did not know the contents of what 

would've been required by a "C" Check. So what I'm 

10 asking you so feel free to clarify now or as you're 

11 answering, what your understanding of what would make a 

12 maintenance action necessary other than being required by 

13 the 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Right. 

-- by the AMM. 

A. 

Q. 

A. Right. By the AMM 32-11-00, the process that 

we followed when we changed the gear. Yes. 

Q. I guess, let's clarify this. If there are --

there's a gear change process. But let's say some of 

these things we ask, we might ask about, like, the angle. 

You indicated last time, when we were going through the 

last aircraft, that that was something that, to the best 

of your knowledge, would not have been affected by the 

gear change. 

A. Right. 
130 

1 Q. But you indicated that that d~age having been 

2 found by AMES, that was something that needed to be 

3 replaced. 

4 

5 

A. 

Q. 

Right. 

So I'd like you to think about things in those 

6 terms as well. Not just is this something that we 

7 

8 

9 

10 

11' 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

would've done during the replace, but at the point in 

time when AMES and its mechanics and repairmen were 

looking at this aircraft in May of 2010, is this 

something that actually requires a maintenance action as 

compared to our customer told us to do it so we're just 

going to do it. 

A. Okay. I understand. 

MR. SILVERBERG: When you address each one, 

call out the item number so the record is clear. 

THE WITNESS: Okay. 

MR. SILVERBERG: Thank you. 

A. Yeah. This is item number 1. Right-hand main 

gear door reported for discrepant conditions. 

MR. SILVERBERG: Right. 

A. Suspect worn bushings. 

MR. SILVERBERG: One second. Okay. So this 

is not in the order that was produced. Did you 

reorder these? 

MR. STEVENSON: It shouldn't be. 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

MR. SILVERBERG: It look likes these 

MR. STEVENSON: Did I? This one had 

MR. SILVERBERG: The first one I have is 16, 

the next one is 17. I'm sorry. The first one is 

17. The next one I have is 16. 

MR. STEVENSON: Okay. Well, that is a --

MR. SILVERBERG: 19, 20, so they are not in 

the same order that they were produced. 

MR. STEVENSON: All right. This is the 

contents of the item. I see, yes. There were a 

131 

lot -- as you can see from the thickness of the 

document, there were a lot more nonroutine work 

cards for this one than the other one and a lot more 

that were not produced by the Respondent in the 

discovery response but then were in the EIR. So 

these, I believe, are actually in numerical order. 

MR. SILVERBERG: Which I note is, it appears 

that the way they were produced by the FAA in the 

EIR, Number 25, they were in chronological order. 

Not ordered by item number necessarily nor 

nonroutine number. So just -- that appears to be 

MR. STEVENSON: You are correct. That as 

sorted in the EIR, these are the same documents that 

were in that item of proof. But in the EIR, they 

were not sorted by work order number, item number. 
1 

2 

3] 

4 

5 

6 

7 

B 

9 

10 

11 

12 

13 

14 

MR. SILVERBERG: Nor by the -- there are 

the first one is the May 29th. Here's one for the 

28th. Here's the 27th. 

chronological order. 

So they are out of 

MR. STEVENSON: They are not. 

MR. SILVERBERG: They have been reordered in 

item number. Just so you know, Jeff. 

THE WITNESS: Okay. 

132 

MR. SILVERBERG: I don't know if that's going 

to make a difference to you, but I just want to make 

sure it's clear on the record. 

THE WITNESS: Okay. 

MR. STEVENSON: Thank you. 

A. Okay. So, yeah. Again, just like the other 

15 aircraft, this aircraft was in service seven months after 

16 we changed the gear, after AMES changed the gear. So a 

17 lot of these discrepant conditions we may or may not have 

18 had any control over at the time. 

19 One of the distinctions I did want to mention 

20 when I saw the words suspected worn bushing in this 

21 nonroutine, again, to make the matter of record 32-11-00, 

22 

23 

when you remove the gear door, 

existing hardware. Right? 

it says to use the 

24 So what we did at the time we changed these 

25 bushings and/or changed these landing gear, is we removed 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

133 

the doors. We kept all the existing hardware and we 

replaced it. As long as the doors faired, per the 

adjustment and test procedures, we did not replace 

bushings and shims and hardware at the time unless we had 

problems rigging the doors. 

Q. Do you consider that to be an absolute? That 

the mechanic can pull out the burnings and shims and 

other hardware and put it back in and regardless of the 

observed condition or configuration? 

A. If the mechanic saw that the bushings or 

11 washers were damaged or worn or whatever, he may replace 

12 them. But again, the procedures, which he signed off to, 

13 doesn't require him to replace them. So that's -- I want 

14 to make that distinction as we go through some of these 

15 where we've replaced, we replaced shims and bushings and 

16 

17 

so forth. That was part of the Charles Working direction 

when the airplanes came back in May. It was not the 

18 requirement when we changed the gear. 

19 

20 

Q. 

A. 

Okay. 

All right. So on this item number 1, right 

21 main gear wing door reported for discrepant condition. 

22 Suspect worn bushings and hardware. 

23 The corrective action is that we replaced all 

24 the hardware with brand new hardware, basically. 

25 Q. When I look at this, what I would infer from 
134 

1 that, this is item number 1, but it has a sign-off date 

2 that is later in the process. So does this serve as some 

3 sort of overall task card that this is signed off once 

4 everything else is done or how does that work? 

5 A. Based on the discrepancy. So in order -- I 

6 mean, each nonroutine, the corrective action is based on 

7 the discrepancy. The timing of when we signed it off, it 

8 depends on sequencing the work at the time. 

9 So in order to replace the bushings, they had 

10 to rehang the door. And as this corrective action 

11 states, they went ahead and closed this nonroutine but 

12 opened another nonroutine and performed the adjustment 

13 and test. 

14 So again, without going through all the dates 

15 and figuring out the direct sequence of the items, they 

16 may have hung the right-hand door and then they wanted to 

17 close this nonroutine, but yet they had -- they weren't 

18 complete with the left-hand door so they couldn't do gear 

19 swings. And so they closed this nonroutine, and they 

20 opened nonroutine number three, because they hadn't 

21 completed the adjustment and test yet on the right-hand 

22 side. 

23 

24 

Q. 

A. 

Okay. 

So again, you know, as long as the doors were 

25 faired, to answer your initial question, would we have 
1 

2 

3 

4 

5 

6 

135 

done this work, was it necessary work? If this 

right-hand main gear wing door, if it was fairing and had 

no issues during Capital Cargo's operation, yeah, these 

worn bushings, just because we replaced them, doesn't 

mean they were worn out of any limits. 

Now, in the partial work accomplished, they go 

7 through very specific limits that they evaluated on each 

8 one of these bushings and they determined that they were 

9 going to replace them. 

10 Q. Now, if I understand correctly, as you said, 

11 they go through the specific limits on a good number of 

12 bushings and on some of them, they actually did note that 

13 the wear was out of limits. So would replacing those 

14 bushings then be something that was necessary to do? 

15 A. Oh, yeah. I mean, just like any other write 

16 up, once you find a write up that's out of limits, you're 

17 

18 

19 

20 

21 

22 

23 

24 

25 

compelled to go ahead and replace them. But the 

nonroutine, itself, wouldn't have been written unless 

there was issues with the operation of the door to begin 

with. So they wouldn't have gotten down to this level of 

inspection unless there was actual operation issues with 

the door. 

number 2. 

A. 

This was the same write up. I'm on item 

MR. SILVERBERG: Okay. 

Item number 2, the same write up for the 
136 

1 left-hand side. They removed, replaced it and they --

2 let me see here. All right. So they went ahead and 

3 

4. 

replaced the hardware and they swung the door. 

defects noted at this time. See partial work 

No 

5 accomplished. And I'm looking at the partial work 

6 accomplished. 

7 

8 

BY MR. STEVENSON: 

Q. And that, and as we discussed before, that is, 

9 since we're talking about a gear swing, that would be 

10 something that the mechanics were doing after they had 

11 put everything back together and were testing it to see 

12 if it was good to go? 

13 A. Right. 

14 

15 A. 

MR. SILVERBERG: Objection, leading. 

Actually, what happens is on nonroutine number 

16 three. 

17 BY MR. STEVENSON: 

18 

19 

20 

Q. Mm-hmm? 

A. Is where they actually do the adjustment test 

and as it's stated is the corrective action, the 

21 left-hand gear wing door failed. And then they refer to 

22 

23 

24 

25 

nonroutine 31 where they actually remove and replace the 

left-hand main landing gear door. 

Q. Okay. And do I recall correctly that that is 

the one where they said that it was not possible to get 
137 

1 the door back into fair? 

2 A. My recollection was Charles Working, again, was 

3 managing all this. When the airplanes were flown to 

4 Wilmington, Capital Cargo go ahead and check their 

5 inventory and ship wing doors as just a precautionary at 

6 the time. 

7 Based on the nonroutine record, it failed to 

B check -- in order to fail, in order to rerig this door, 

9 you have to drop the door anyways. The customer decided 

10 to go ahead and replace the door. I can't tell whether 

11 they saw something that caused them to make that decision 

12 or not, but they did -- he did decide to replace the 

13 door. 

14 I do recall comments along the lines -- and I 

15 don't know if it applies to this door or the right main 

16 landing gear door of 287 that was replaced but, quote 

17 unquote, Capital Cargo had doors in stock. So they may 

lB have felt it was quicker and more expedient to just try 

19 to put up a new door instead of trying to rerig the old 

20 door. 

21 

22 A. 

MR. SILVERBERG: What number? 

Item number 6. Right-hand main landing gear 

23 door, wing door, hinge fitting, possible small crack. 

24 They repaired it per an engineering REA. The REA is a 

25 blend and treat REA. So they must not have had a 
1 specific SRM reference to blend and treat that area so 

2 they asked engineering to initial a REA, but again, it 

3 was a blend and treat REA. 

4 

5 

6 

7 

8 

MR. SILVERBERG: And an REA is? 

THE WITNESS: Repair engineering 

authorization. 

BY MR. STEVENSON: 

Q. Let me ask you, I've got a document that I'm 

138 

9 going to mark for this deposition as Exhibit R. It was 

10 marked as item 20 in the Respondent's production. And 

11 it's titled, Repair Engineering Authorization. And I --

12 let me let Mr. Silverberg look at that first. 

13 (Exhibit R Received and Marked) 

14 A. For the Record, that's the REA number that's 

15 referenced in item number 6. It's the same REA number. 

16 MR. SILVERBERG: We're ready. 

17 

18 

BY MR. STEVENSON: 

Q. Okay. So this is what you were talking about 

19 when you were saying an REA? 

20 A. Right. 

21 

22 

23 

24 

25 

Q. 

A. 

Exhibit R? 

From my memory, yes. It's a blend and treat 

and basically says remove the crack. In other words, 

trim it out. It was such a small crack, he just blends 

it out and then paints. 
139 

1 Q. And when this is saying -- based on what you 

2 were saying before, when this document says remove crack 

3 or remove edge damage, is that something that's being 

4 done by abrading the surface to smooth it out? 

5 

6 

7 

8 

9 

10 

11 . 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Correct. 

Okay. So that was 6. And have we hit --

Item number 6. 

Did we hit everything, 1 through 5? 

Yes. We've worked through those. 

Okay. 

Actually, the next item in your stack is item 

12 number 5. So there's a little mix up there. 

13 Q. Okay. 

14 

15 

A. Again, it's a skin gouge. 

door and it was blended and treated. 

Right main gear wing 

Again, a minor 

16 repair. 

17 Item number 7, fairing above left wing main 

18 gear chafed; blended. It's a blend and treat. 

19 

20 

21 

22 

23 

Q. Let me ask you, when I read that something is 

chafed, that, to my mind, is usually caused by two things 

rubbing together. 

well? 

A. Correct. 

Would that be your understanding as 

Or it could've been -- or again, it's 

24 a -- it's a wheel well, main landing gear wheel well 

25 environment. An awful lot of stuff happens in the way of 
1 a lot of moving links and doors and also debris getting 

2 thrown up as the aircraft lands. So, yeah, there's 

3 typically a lot of blend and treat type stuff that 

4 happens in that area. 

140 

5 Q. Okay. Is there anything -- if the landing gear 

6 assembly and the flying door and all the structures 

7 around it are configured properly, is there anything that 

8 should be chafing and causing damage? 

9 A. It could. You know, referring back to some of 

10 the procedures listed in, I believe it's actually in 

11 Section 401 of 32-12-11. For instance, it has you 

12 

13 

trimming the door to prevent chafing. So you actually 

trim the edges of the new door. This is when you're 

14 replacing a brand new door. You actually trim it to 

15 prevent chafing. 

16 Q. Sure. So that means that you are doing that to 

17 avoid chafing? 

18 

19 

A. 

Q. 

Right. 

So if everything is in there as it's supposed 

20 to be, there shouldn't be any chafing? 

21 

22 

A. Right. Or due to the wear -- I mean, we found 

an awful lot of wear in the bushings. So, again, the 

23 door starts moving or shifting during take off and 

24 landing, it can cause chafing also. 

25 Q. Okay. 
141 

1 A. Item number 9, flying door upper forward hinge 

2 cracked. Again, this is 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

MR. SILVERBERG: Did we hit 8? 

THE WITNESS: Well, I was -- yes. 

MR. STEVENSON: Eight should be -- it should 

be in there. 

THE WITNESS: Yeah. I'm just going based on 

the order these are in. This is 7 and then this 

is --

MR. STEVENSON: Maybe 9 and 8 are in the --

MR. SILVERBERG: Call them out as you see 

them. 

A. Okay. This was a hinge cover. This end up, I 

14 recognize on the under the partial work accomplished 

15 sheet, it has a pin and hinge material. Called out as 

16 replacement parts. And I recognize that as a hinge 

17 cover. So this is one of the hinge covers that were 

18 cracked. Again, like we discussed on 899. 

19 BY MR. STEVENSON: 

20 

21 

22 

23 

Q. Okay. 

A. Seal torn, so we replaced the seal. Again, 

that's wear and tear. Seals I'm sorry, number 10. 

You're going to keep beating me up. Item number 10. 

24 And, yeah, it's just a seal that was torn so we replaced 

25 the seal. Again, that's a definite wear and tear type 
1 item. 

2 

3 Q. 

4 though? 

142 

Item number 11, same thing. It's a seal. 

Are those things that did need to be replaced, 

5 

6 

A. Those are things that are on observation. I'm 

not aware that there's any specific limits for seals, but 

7 it's just one of those general mechanic items when you're 

8 looking at the area, if you see a worn seal, then you 

9 replace the seal. 

10 Q. Okay. 

11 A. Let me skip forward. Yeah. So item number 11 

12 and item number 12 are the seals, torn seal type items. 

13 I'm sorry, number 13 is also a -- I'm looking at the 

14 corrective action. But it was, they replaced the torn 

15 seal. 

16 

17 

Item number 14, flying door upper forward 

inboard side loose huck bolt. So they replaced the loose 

18 fastener. 

19 Again, loose fasteners, especially in an 

20 environment of a main landing gear area, those are things 

21 that are typically found, wear and tear type items. 

22 Q. Was that something that needed to be replaced? 

23 

24 

A. Yeah. When you find a loose or missing 

fastener, yes, obviously. That's a line maintenance type 

25 thing that happens often. 
145 

1 is not covered in the procedures for changing the flying 

2 

3 

door. 

in our 

So it's one of those things that if when it is 

I would think that they would've written up a 

4 migrating hinge pin if that was noted when they were 

5 doing the gear changes and would've fixed it at that 

6 time. 

7 Item number 22, swivel clamps are installed on 

8 the left-hand main landing gear. Hose swivel clamp 

9 installed incorrectly. We repositioned them and again, 

10 this is -- the reference here for the corrective action 

11 is overhaul manual. Again, the AMM procedures do not 

12 reference the swivel clamps, only the overhaul manual. 

13 So the vendor, the landing gear vendor would've been 

14 responsible for locating these swivel clamps. 

15 BY MR. STEVENSON: 

16 

17 

18 

19 

20 

Q. But now, when this is being signed off by -- I 

mean, what is the significance of the signature by AMES 

at the bottom of this then? 

A. Oh, I mean, the nonroutine was that we found 

the clamps installed incorrectly. The corrective action 

21 was that we referenced the overhaul manual to locate the 

22 

23 

24 

25 

clamps correctly. My comment is that AMES, during a 

landing gear change, would not have located or changed 

these swivel clamps. It would've come in as part of the 

assembly of the landing gear. 
1 manufacturer. 

2 Q. Okay. You indicated in response to questions 

3 of counsel, that you reviewed the EIR. Did the FAA 

192 

4 produce any evidence of the maintenance history of any of 

5 the aircraft in the ensuing months between the time the 

6 original work was performed by AMES in connection with 

7 the two "C" Checks and the one landing gear change and 

8 the time that the aircraft were inspected again in 

9 Toledo? 

10 A. No. No, they did not provide any documentation 

11 for that time frame. 

12 Q. In connection with Exhibit U, which is the 

13 training module that you were asked some questions about, 

14 you were asked some questions about this so-called 400 

15 series of pages and the pictures from those pages out of 

16 32-12-11 and why they were included in the training 

17 

18 

19 

module. 

A. 

Q. 

Do you recall that? 

Yes. 

Okay. In connection with the replacement --

20 the removal and replacement of the landing gear doors 

21 that you were contracted to perform for Capital Cargo, 

22 was it necessary for you to consult the 400 series of 

23 pages and the pictures associated therewith, the diagrams 

24 to complete your work for Capital Cargo? 

25 A. Not in the initial landing gear change. If the 
193 

1 flying doors are removed and replaced consistent with the 

2 landing gear change, then, no, you do not use Section 

3 401. 

4 And if you -- for instance, in the May time 

5 frame when we removed just the doors and we installed 

6 them, we signed them off to Section 401. 

7 

8 

9 

Q. 

A. 

Q. 

So that's the distinction. 

Yes. 

Let's make sure it's clear. The distinction 

10 is between removing of the landing gear doors -- excuse 

11 me. Removal of the landing gear and replacement of the 

12 landing gear and the associated work to remove and then 

13 reinstall the landing, so-called flying door. And the 

14 steps to -- referenced in the 400 series of pages out of 

15 the manual that relate to just to the reinstallation of 

16 the flying door. 

17 MR. STEVENSON: Objection, leading. 

18 

19 

20 

21 

22 

23 

24 

A. Yes. 

MR. SILVERBERG: Okay. That's all the 

questions we have. 

MR. STEVENSON: Sure. 

REDIRECT EXAMINATION 

BY MR. STEVENSON: 

Q. Opposing counsel, Mr. Silverberg just asked you 

25 about maintenance documents on these aircraft for the 
Exhibit 4 

AMES Documents Showing Dates MLG Changes 

Completed 
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~- piSCREPANCY : REMOVE & REPLACE LEFT MAIN LANDING GEAR, • TO INCLUDE TRUNNION LINK AND 

I . . ASSOCIATED' GEAR ASSEMBLY COMPONENTS IAW B727 AMM 32-11-00. 

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DISCREPANCY : REPLACE LT MLG. 

E. PETERSON 350118 08252009 

EVALUATION 

350118 

REPLACE. 

MECHANIC 

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WORK ORDERi ZONE 

0000 

PF.RTIAL WORK ( LEAK CHECK I .ENGINE RjlN I i 

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DANGER TAG INSTALLED: .• 

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R-25 27-JUL-2009 

Exhibit 5 

B-727 Aircraft Maintenance Manual (AMM), 

Section 32-11-00 
c 

I 

MAINTENANCE MANUAL 

MAIN LANDING GEAR - REMOVAL/INSTALLATION 

1 . ·General 

2. 

A. The main landing gear is removed after damage, defect or excessive wear. 

The gear can be removed and installed without special equipment by using 

jacks, rope slings and manpower to maneuver the gear into or out of 

position. Four men are required to handLe the gear. 

B. The gear removal procedure described in this section does not require the 

use of special tools. If so desired, the following production tools may 

be used for gear handling during removal operations. 

(1) Main Landing Gear Dolly 

(a) 7PME65-72761-1, -2 (commercially available) which can be used 

in place of the hydraulic floor jack. 

(2) Measuring Tool 

(a) F73017, this tool is used to check for thickness of shims 

required in the forward trunnion bearing, before the parts are 

assembled. 

(3) Landing Gear Sling 

(a) Polyester web sling 12 feet long, 3 inches wide, 2000-pound 

minimum rated capacity, eye and eye configuration, CWEEl-63, 

12 feet long Cambridge Wine Cloth Co., Cambridge, Maryland 

(Fig. 405Al. 

Equioment and Materials 

A. Main Gear Ground Lockpin Assembly (AMM 32-00-11) 

B. Nose Gear Ground Lockpin Assembly (AMM 32-00-11) 

C. Main Landing Gear Door Downlock- 2ME65-20750-1 or F72960-1 

D. Main Landing Gear Shock Strut Clamp - 2ME65-72761 

E. Spanner Wrench - F72922-1 (Airplane line numbers, 1-935 

PRE-SB 727-57-129) or F72922-4 (Airplane line numbers, 1-935 

PDST-SB 727-57-129 and all airplane line numbers 936 and on) 

F. Wrench- 12ME65-72761 

G. Wrench Adapter - MIT65-82162-1 or F72955-1 

H. Wrench Socket - 2-1/8 inches across flats 

I. Bullet-Shaped Thread Protector - F80115-15 

J. Airplane Jacks 

EFFECTIVITY·-------------, 

32-11-00 

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c 

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3. 

MAINTENANCE MANUAL 

K. Automotive Type Hydraulic Floor Jack 

L. Wood Block - 4 inches square, 8 inches Long, contoured to fit ·under main 

gear torsion links 

M. Lead Hammer 

N. Rope- Minimum 3/4-inch diameter 

0. Container- Suitable for hydraulic fluid in which to drain brake Lines 

P. Feeler Gages 

Q. Grease - MIL-G-21164 CAMM 20-60-02) 

R. Primer - BMS 10-11, Type 1 CAMM 20-60-04) 

S. Sealant- BMS 5-95 CAMM 20-60-01) 

T. Main Landing Gear Aft Trunnion Protector- F72948 

Prepare for Removal of Main Landing Gear 

A. Make sure that Landing gear external ground Locks are installed 

CAMM 32-00-11) and that main Landing gear doors are open with release 

handle down and Latched. 

B. Install main Landing gear door downlock. 

C. Fully extend trailing edge flaps. 

D. Depressurize both A and 8 hydraulic systems and reservoirs. 

E. Operate brakes to depressurize brake accumulator and open all Landing 

gear, ant~~kid, and drain mast heater circuit breakers on panel P6. 

F. Remove the main gear wing doors. 

C1l Open wing door hinge access doors and detach bonding jumpers Cif 

installed) at aft hinge access door. 

NOTE: On some airplanes, a tapered filler piece is installed under 

upper hinge of the forward hinge access door. If filler 

piece is present when the access door is opened, filler piece 

must be installed in the same position when the door is 

closed. 

(2) Support the wing door, remove the actuation rod attachment bolt from 

the door, and slide out the hollow pin (Fig. 201). Observe washers. 

(3) Release the door actuation rod from drag strut attachment and remove 

actuation rod from airplane (Fig. 401). 

NOTE: Observe washers between actuation rod Lugs and rod attachment 

fitting on drag strut, and on the removable tubular bearing 

in attachment fitting. 

(4) Support the upper end of the door, remove the hinge bolts and the 

hollow hinge pins. 

NOTE: Observe the number and position of washers under the nuts and 

the boltheads. The forward hinge is shimmed with washers 

between the hinge Lugs to provide fore and aft adjustment of 

the door. Care must be taken to record Location of washers 

to ensure correct assembly. 

G. Remove the inboard flap track fairing. 

EFFECTIVITY-------------------------, 

32-11-00 

ALL 

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( 

H. 

I. 

J • 

K. 

MAINTENANCE MANUAL 

Deflate and compress the shock strut by removing the valve cap from the 

charging valve and loosening the release nut one or two turns 

(Fig. 401Al. 

Install the shock strut clamp to keep the shock strut compressed 

(Fig. 402l. 

Jack the airplane until the tires are just touching the ground; making 

sufficient contact to prevent the wheels rotating (jacking height about 8 

inches) CAMM Chapter 7, Jacking). 

Mark the tire footprint on the ground by drawing a Line around the tire 

contact area. 

J4. Removal Main Landing Gear 

A. Remove hydraulic Lines from shock strut. 

B. 

c. 

D. 

E. 

F • 

G. 

H. 

I. 

J • 

K. 

L 

M. 

C1l Disconnect hydraulic Lines leading inboard from trunnion swivel and 

hydraulic line connected to underside of swivel CFig. 404). Drain 

hydraulic lines into container. 

(2) Take out trunnion swivel attachment bolts and disconnect swivel 

antirotation strut. 

(3) Undo all clamps holding hydraulic Lines to upper part of shock strut 

and to trunnion link. 

C4l Remove trunnion swivel and all hydraulic lines between deboost 

valves and trunnion. Plug and cap all lines and connections. 

Disconnect electrical wiring at connection above top end of drag strut. 

Cover the plug with a small plastic bag and tape wire to shock strut. 

Disconnect actuator and actuator walking beam from trunnion link 

CFig. 405). 

Secure actuator and actuator walking beam up and clear of trunnion link. 

Disconnect the side strut from spindle assembly on the shock strut 

CFig. 406). Allow side strut to hang from the upper fitting. 

If a left gear is being removed, disconnect ground spoiler shutoff valve 

control rod from trunnion, and pushrods from spoiler shutoff valve 

linkage on drag strut ·(Fig. 406Al. 

Chock aft side of main gear wheels and run floor jack under torsion links 

C Fig. 407l. 

Place a contoured wood block between jack Lifting pad and underside of 

torsion links. 

Operate jack until wood block is held tightly in place. Do not lift 

shock strut. 

Remove grease reservoir, lockbolts, and fuse bolt (Fig. 408). 

Remove the trunnion Link sleeve assembly. 

Remove the nut and the washers from the trunnion link attachment bolt 

(Fig. 409). Install bullet-shaped thread protector and remove the bolt. 

Secure the drag strut to the shock strut to prevent the drag strut from 

falling forward when detached from the trunnion link. 

EFFECTIVITY-------------, 

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ALL 

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INSTALL METAL WASHERS 

TO LlMIT lDTAL MAXIMUM 

GAP TO 0.008 INCH, 

MAINTENANCE MANUAL 

SEE DETAIL A 

Wing Door Actuation Rod Drag Strut Attachment 

Figure 401 

EFFECTIVITY-------------------------, 

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c 

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HDEI~&~~ MAINTENANCE MANUAL 

CAP 

SHOCK STRUT----I 

Main Gear Shock Strut Air Charging Valve 

Figure 401A 

Shock Strut Clamp Installation 

Figure 402 

EFFECTIVITY-------------, 

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GREASE 

FITTIN.G 

GREASE 

RESERVOIR 

MAINTENANCE MANUAL 

INBD llj) ~FWD 

Rear Trunnion Bearing Seal Installation 

Figure 403 

EFFECTIVITY'-------------

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I ALL 

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c 

TO BRAKES 

MAINTENANCE MANUAL 

TRUNNION SWIVEL 

ANTIROTATION STRUT 

TRUNNION 

SWIVEL 

TRUNNION 

· LINK 

ELECTRICAL 

DRAG CABLE 

STRUT 

Main Gear Hydraulic Pneumatic and Electrical Lines 

Figure 404 

EFFECTIVITY-------------, 

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ALL 

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Page 407 

Dec 01/05 
( 

c 

c 

WASHER 

{TYP~_---

~~ 

MAINTENANCE 

ACTUATOR 

INBOARD 

ATIACHMENT 

BOLT 

WALKING BEAM 

INBOARD 

ATTACHMENT 

BOLT 

MAIN GEAR 

ACTUATOR 

~ _/)., FWD INBD ~ (:;;:V 

Actuator and Walking Beam Attachment 

Figure 405 

to Trunnion Link 

CLAMP UP 

BUSHING 

32-11-00 

§ EFFECTIVITY'----AL_L __________ lL ... .,, -,,. "'" , .... :·"""' ~ - Co ynght (C) - Unpu BOEING PROPRIETA-RY p 

Page 408 

Dec 01/05 
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c 

c 

MAINTENANCE MANUAL 

Landing Gear Sling 

Figure 405A 

EFFECTIVITY'-------------; 

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c 

c 

MAINTENANCE MANUAL 

SIDE 

~ATTACHMENT 

I -BOLT 

STRUT ------'\ 

c: 

UP 

SPACER 

1J IN~ ~FWD 

Main Gear Side Strut Lower Attachment 

Figure 406 

V,i,LVE 

CONTROL ROD-------"\ 

LANDING GEAR 

TRUNNION----

~----GROUND SPOILER 

SHUTOFF (LOCKOUT) 

VALVE 

LANDING GEAR 

FWD¢=! 

DRAG STRUT------" 

LOWER ROD-----~~ 

LANDING GEAR 

SAFETY SWITCH 

HOUSING-----/ 

---LEFT MAIN 

GEAR SHOCK 

STRUT· 

\ t;=~~------'t-- SHOCK STRUT 

} 

Ground Spoiler Shutoff Valve Linkage CLeft Gear Only) 

Figure 406A 

INNER 

CYUNbH 

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Page 1,10 

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TRUNNION UNK 

MOVED DOWN 

TO ENABLE DRAG 

STRUT BOLT TO 

BE REMOVED l 'I( 

¢::JFWD 

LANDING 

GEAR BEAM 

~~~IAV~-~~.==~~~ " 

MAINTENANCE MANUAL 

SWING DRAG 

STRUT UP 

TIRES JUST j 

TOUCHING GROUND 

STAGE 1. DISCONNECT DRAG STRUT STAGE 2. REMOVE TRUNNION LINK 

LOWER GEAR TO 

REMOVE GEARING 

GENTLY LOWER 

FLOOR JACK 

ROLL ........ 

GEM AFT 

STAGE 3. REMOVE REAR TRUNNION BEARING I STAGE 4. REMOVE GEAR FROM AIRPLANE 

Main Landing Gear Removal/Installation Sequence 

Figure 407 

EFFECTIVITY-------------, 

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~FWD 

GREASE 

SEAL 

TRUNNION 

LINK 

MAINTENANCE MANUAL 

f--f'OF:WARD 

TRUNNION BEARING 

SHIM TO OBTAIN CLEARANCE 

OF 0.00 TO 0.03 INCHES 

BEFORE TIGHTENING fUSE BOLT 

FUSE BOLT 

RING 

8--,----GREASE 

c::>FWD 

f-~--FORWARD 

WITH GREASE RESERVOIR 

DETAIL A 

TRUNNION 

BEARING 

Trunnion Link Bearing Attachment 

Figure 408 

EFFECTIVITY'------------~ 

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RESERVOIR 

01 

IXrlW55 5-HIMS 

PhRT THICKJ£SS INS 

-1 0.016 ltO.OO~ 

-1 0,063 It O.(J)oS 

-3 O.li5! :tO.Olll 

32-11-00 

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Dec 01/05 BOE!~G PROPRIETARY- Copyright CC) -Unpublished Work- See title page for details. 
c 

( 

( 

TRUNNION LINK 

ATTACHMENT 

BOLT 

HOEING- "' -;-b .. ~"-'=="--y__ 

MAINTENANCE MANUAL 

INSTALL THREAD PROTECTOR 

BEFORE REMOVING BOLT 

TRUNNION LINK 

INBD~ ~FWD 

Trunnion Link to Shock Strut Attachment 

Figure 409 

EFfECTIVITY'-------------, 

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01 

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Dec 01/05 

BOEING PROPRIETARY_· Copyright (C) -Unpublished Work-S ee t1tle . page for details. 
DDEIArG-f:I'Sb. ~c==="--c='o. 

~ MAINTENANCE MANUAL 

c 

N. With lead hammer, tap trunnion link down until drag strut upper 

attachment bolthead will clear flap track beam. Remove drag strut 

attachment bolt (Fig. 410). 

NOTE: Do not move trunnion link too far down. If fork end is released 

from shock strut, components may spring Out of alignment and 

difficulty will be experienced in returning trunnion link over the 

shock strut for the next operation. 

0. Tap trunnion link up and sWing clear of the shock strut. Withdraw link 

from bearing and remove from the airplane. 

NOTE: Watch for shims between forward end of trunnion link and shoulder 

in spherical bearing. Care must be taken not to damage shims when 

removing Link. Preserve shims for use on asscmb Ly. 

P. Install main landing gear aft trunnion protector. With protector 

installed, remove aft trunnion bolt and trunnion retainer to free afi 

trunnion from aft trunnion bearing (fig. 411). 

Q. 

R. 

s. 

T. 

U. 

v. 

w. 

X. 

Y. 

NOTE: Exercise car~ during removal of gear. Use of protector will 

minimize possible heavy contact between aft trunnion extension and 

any sharp corners on outer race of aft trunnion bearing. 

Pass a rope sling around the upper part of the shock strut and over the 

flap track. Take a turn around the flap track with the free end of sling 

if so desired. 

Station a man to control the sling. 

Gently lower the jack, and simultan~ously roll gear aft. At the same 

time drive the rear trunnion bearing forward and out from the trunnion 

beam. Discard the trunnion bearing bolts. 

When gear has been lowered until top of shock strut is clear of wheel 

well, assemble trunnion Link and drag strut, leave nuts finger-tight. 

Continue to lower until jack is fully retracted. 

With three or four men supporting shock strut, pull jack out from under 

torsion links. 

Roll jack back until apex of trunnion link and drag strut can be lowered 

onto the wood block on jack (Fig. 407). 

Remove the main landing gear aft trunnion protector. Trundle gear away 

using jack as a third wheel tor steering. If the gear requires hoisting 

tor transport, install sling per fig. 405A. 

Check trunnion bearings for damage or wear. If diameteral clearance 

between ball and outer race exceeds 0.015 inch, bearing must be replaced. 

If there is no scoring of bearing ball and wear is within tolerance, 

bearing is serviceable until next overhaul. 

z. Remove aft trunnion bearing. 

(1) Remove locking bolt from aft bearing retaining nut. 

(2) Install wrench adapter on retaining nut and remove retaining nut to 

free the aft trunnion bearing. 

(3) R~move aft trunnion bearing from bearing housing in landing gear 

beam. 

EFFECTIVITY-------------. 

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01.1 Page 414 

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( 

c 

c 

\]::::> IF INSTALLED 

'0- DLTEING- -:-h. ~'-'===0.--'='-,. 

MAINTENANCE MANUAL 

ri/j~FWD INBD/jj 

DRAG 

STRUT 

I 

DRAG STRUT UPPER 

mfi"u 

I 

j.._ COTTER PIN[!:::> 

Drag Strut Upper Attachment 

Figure 410 

EFFECTIVITY·-------------, 

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BOEING PROPRIETARY- Copyright (C)- Unpublished Work- See title page for details. 

Page 415 

Dec 01/05 
c 

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IS. 

MAINTENANCE MANUAL 

(4) Clean corrosion or primer from inside of bearing housing in landing 

gear beam. 

Installation Main Landing Gear 

A. With airplane still jacked to same height as on gear removal, prepare a 

Landing gear assembly for installation. 

NOTE: A landing gear assembly consists of a shock strut, two brake 

uni~s, two tire and wheel assemblies, upper and Lower torsion 

Links, and, on some airplanes,.a shock strut safety switch, a drag 

strut, trunnion Link, static discharge assembly, deboost valves, 

hydraulic and pneumatic Lines, electric wiring and clamps. In the 

case of a Left gear, the assembly also includes ground spoiler 

shutoff valve Linkage. 

B. Installation Aft Trunnion Bearing (fig. ~11) 

NOTE: Bearing assemblies for 3.25-inch trunnion bearing are not 

interchangeable with 3.50-inch diameter trunnion bearing. 

(1) Clean and coat outside of aft trunnion bearing and housing in 

landing gear beam with primer. 

C2l Install bearing, making sure that bearing splines are Lined up with 

splines in bearing retainer. 

(3) Clean and Lubricate bearing retaining nut and Lockbolt. 

C4l Install retaining nut and tighten within 6,000 to 10,000 

pound-inches. During installationf line up hole in retaining nut 

with hole in bearing retainer for Locking bolt. 

CSl Install Lockbolt through retaining nut. 

C6l Apply sealant to entire periphery of aft trunnion bearing flange. 

C. Install shock strut clamp to keep shock strut compressed CFig. 402). 

D. Support for~ard end of trunnion Link on floor jack with a wood block 

between Link and jacking pad. 

E. Run gear under wheel well with jack facing forward. 

F. Adjust position of gear until main gear wheels are a short distance aft 

of tire prints marked on ground from original gear assembly. 

EFFECTIVITY-------------------------, 

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BOEING PROPRIETARY - Copyright (C} 

I 01.1 

-Unpublished Work- See title page for details. 

Page 416 

Jul 25/09 
( 

c 

c 

MAINTENANCE MANUAL 

r;;!J;FWD 

AFT TRUNNION 

SUPPORT BEAM·----// 

~~ INBD FWD 

LDCKBDLT 

RETAINER 

AFT TRUNNION BEARING 

NUT ---~11---.;:¥/".. 

BEARING 

RETAINER 

INSTALL MAIN LANDING 

GEAR AFT TRUNNION 

PROTECTOR IN THIS AREA 

BEARING SEALS REMOVED 

Main Gear 

EFFECTIVITY 

ALL 

Shock Strut Upper 

Figure 411 

Attachment 

AFT TRUNNION 

32-11-00 

BOEING PRDPR!ET'RY _ C . 03.101 

opynght (C) - u npublished '<Jerk - s ee title page for details. 

Page 417 

Dec 01/05 
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G. 

H. 

I. 

J. 

K. 

L. 

M. 

MAINTENANCE MANUAL 

Check wheels aft. 

With three or four men, raise shock strut and run jack under torsion 

Links. Rest gear on jack with a contoured wood block between torsion 

links and jack lifting pad (Fig. 407l. 

Pass a rope around shock strut and drag strut and remove trunnion link. 

Secure drag strut close to shock strut to make sure that the top end of 

drag strut clears airplane structure when gear is jacked. 

Secure a rope sling to upper end of shock Strut and pass free end over 

flap track. Station man to take up slack as gear is raised. 

Clean and lightly lubricate aft trunnion and bearing inside diameter. 

Install main landing gear aft trunnion protector. With protector 

installed, gently raise gear by operating floor jack, simultaneously 

rolling gear toward tire prints. Keep steadying rope taut. 

NOTE: Exercise care during installation of gear. Use of protector will 

minimize possible heavy contact between aft trunnion extension and 

any sharp corners on outer race of aft trunnion bearing. 

N. When trunnion reaches bearing in landing gear beam, stop jacking and 

check for alignment. 

0. 

P. 

Q. 

R. 

If necessary, operate airplane jacks to raise or lower airplane as 

required. 

If lateral adjustment is needed, remove chocks and work gear into 

position manually by rolling on wheels and jack forward and rearward to 

give a Lateral zig-zag movement. 

With trunnion aligned, continue Lifting under torsion Links with floor 

jack, and rolling gear toward tire prints, until trunnion is snug. 

Clean and L·ightly Lubricate trunnion retainer, trunnion bolt and 

lockbo l t. 

S. Install trunnion retainer and trunnion bolt and tighten bolt 500 to 800 

pound-inches. During installation, line up hole in bolt flange with hole 

in trunnion retainer for Lockbolt. 

CAUTION: BOLT PROVIDES STRUCTURAL FUSE. REPLACE ONLY WITH NEW BOLT WITH 

THE SAME PART NUMBER. 

T. Install lockbolt and lockwire to trunnion bolt (Fig. 403). 

(1) Fill grease reservoir with grease and install grease reservoir with 

washers and attachment bolts. Lockwire attachment bolts. 

U. Remove main Landing gear aft trunnion protector. 

V. Clean and lubricate all boltholes, attachment bolts, and screw threads 

with grease. 

W. Insert original shims into forward trunnion bearing from aft side. 

NOTE: If shock strut, trunnion link or bearings are changed, reduce 

original thickness of shims by 0.01 inch to allow any reduction in 

c LeaJ'C:II\Ce Uue to manufacturing tolerances. 

X. Add 

(1) 

trunnion link to assembly. 

Place trunnion link over shock strut with 

attachment lug up and inboard (Fig. 407). 

EFFECTIVITY'-------------, 

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actuator walking beam 

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c MAINTENANCE MANUAL 

c 

(2) Insert end of trunnion link into forward bearing. 

(3) Swing trunnion link down to pass fork end over shock strut. 

(4) Tap trunnion link down, and over shock strut, until trunnion Link 

drag strut attachment lug is in such a position that drag strut 

.upper attachment bolthead will clear flap track beam when bolt is 

inserted. 

NOTE: Do not drive trunnion Link too far down. If fork end of Link 

is released from shock strut, components may spring out of 

alignment and difficulty may be experienced in returning 

trunnion link over shock strut. 

C5) Release top end of drag strut and Lower into position over Lug on 

trunnion link. 

C6l Align holes, clean ond Lubricote attachment bolt with grease, and 

insert with head end outboard. 

CAUTION: DRAG STRUT UPPER ATTACHMENT BOLT PROVIDES STRUCTURAL FUSE. 

REPLACE ONLY WITH NEW BOLT WITH SAME PART NUMBER. DRAG 

STRUT UPPER ATTACHMENT BOLTHEAD END MUST BE OUTBOARD TO 

AVOID INTERFERENCE WHEN GEAR IS RETRACTED. 

Cal Insert drag strut upper attachment bolt with head outboard. 

Tighten upper attachment nut. 

1) On airplanes with cotter pin through attachment nut but 

without boLt Locator: 

2) 

3) 

a) Lubricate washer face, shank, and threads with grease. 

b) Add nut to upper drag strut attachment bolt. 

c) 

d) 

On 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

On 

a) 

b) 

c) 

d) 

Tighten nut 1100 to 2250 pound-inches lube torque. 

Back off nut to nearest slot and lock with cotter pin. 

airplanes with bolt Locator: 

Rotate bolt so that hole for flathead pin will allow 

pin to be installed with axial centerline parallel to 

that of drag strut. 

Install bolt Locator and shim. 

Tighten nut 1100-2250 inch-pounds Lube torque. 

Make sure that clearance between shim and nut does not 

exceed 0.003 inch maximum. Adjust as required. 

Install Lube plug assembly. 

Place special washer on flathead pin and install pin. 

Add special washer and lock with cotter pin. 

Lubricate upper attach fuse bolt assembly with grease. 

airplanes without bolt Locator: 

Tighten nut finger-tight while maintaining a 0.002-inch 

gap between flanged bushing and nut. 

Back off nut to align nearest slot. 

Install Lube plug assembly. 

Lock with cotter pin. 

EFFECTIVITY'-------------, 

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~ MAINTENANCE MANUAL 

c 

e) Lubricate upper attach fuse bolt assembly with grease. 

NOTE: When installing a gear with a dimension of 4.20 

inches measured across lugs of drag strut upper 

clevis, make sure that wing door has been 

modified by SB 52-88 to provide clearance for 

improved components of new gear. 

(7) Tap fork end of trunnion upward to align bearings with shock strut. 

(8) Clean, lubricate and install thread protector on trunnion link 

attachment bolt. 

(9) Insert attachment bolt through link and trunnion with head end 

facing inboard (Fig. 409). 

Y. Shim trunnion. 

(1) Make sure shock strut trunnion end is firmly against aft trunnion 

bearing. Then check clearance between end of trunnion Link and 

forward bearing with feeler gage CFig. 408). 

CZ) Determine thickness of shims to be added to obtain a clearance of 

0.00 +0.03/-0.00 inch. 

CAUTION: TOTAL THICKNESS OF SHIMS INSTALLED MUST NOT EXCEED 0.375 

INCH. SHOULD AN EXCESSIVE THICKNESS OF SHIMS BE REQUIRED, 

MAKE A DIMENSIONAL CHECK OF AIRPLANE STRUCTURE, AND 

RELEVANT PARTS OF LANDING GEAR, TO DETERMINE REASON FOR 

DISCREPANCY. 

(3) Proceed to remove trunnion Link. 

(4) Insert required thickness of shims through aft end of trunnion 

bearing. 

(5) If previously installed, assure grease seal is installed on aft side 

of bearing. 

(6) Repeat step X. If clearance between trunnion link and bearing is 

within limits, remove thread protector from trunnion link bolt. 

C7l Add a plain washer, a key retaining washer, and nut. 

(8) Tighten nut 1000 to 2000 pound-inches lube torque. Lock with cotter 

pin. 

Z. Insert trunnion link sleeve assembly into end of trunnion link. 

AA. Install trunnion Link retention components CFig. 408). 

(1) On airplanes without grease reservoir: 

(a) Add tab Locking washer and trunnion link lockbolt. 

Cb) Tighten lockbolt 800 to 1600 pound-inches tube torque. 

(c) Bend lockwasher tab into lockbolt slot. 

(2) On airplanes with grease reservoir: 

(a) Tighten fuse bolt 800 to 1600 pound-inches lube torque. 

Cb) Install lockbolts and Lockwire. 

EFFECTIVITY·-------------------------, 

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c- MAINTENANCE MANUAL 

c 

Ccl Tighten grease reservoir 600 to 900 pound-inches lube torque 

and lockwire. 

Cd) Fill with grease until grease emerges from grease seal vent 

hole. 

AB. Remove hydraulic floor jack. 

AC. If a Left gear is being installed, connect the ground spoiler shutoff 

valve control rod to trunnion, and install pushrods for spoiler shutoff 

valve Linkage on drag strut CFig. 406Al. 

AD. Connect side strut. 

(1) Make sure that spacer is in position inside strut spindle assembly 

on shock strut. 

(2) Swing side strut Lower segment in position over spindle assembly 

with locking flat on swivel clevis forward (Fig. 406). 

(3) Insert side strut Lower attachment bolt with head end facing 

forward. Add washer and nut. 

C4l Make sure that lower segment plug is in position with thick end aft. 

(5) Raise Lower segment and align the upper fork end over universal 

fitting. 

C6l Insert universal fitting bolt with head end up. Add washer and nut. 

(7) On airplanes with spacer, tighten Lower attachment nut to within 83 

to 250 pound-feet Lube torque. Back off and retighten until a gap 

of 0.001 to 0.003 inch exists between lower segment clevis and 

spindle, then install cotter pin. On airplanes without spacer, 

tighten Lower attachment nut finger-tight. Maintain a gap of 0.002 

to 0.034 between washer and clevis. Lock with cotter pin. 

NOTE: Up to two additional washers (AN960-2616Ll may be installed 

between existing washer and clevis as needed. 

(8) Tighten nut on universal fitting bolt to 25 pound-inches Lube 

torque. If necessary, advance nut to first position that lines up 

holes for Lockpin. Insert spring Locking pin and lockwire pin. 

(9) Add fillet seal (optional) around universal fitting bolthead and 

attachment washer and nut. Extend fillet to top of bolthead, and 

from nut to clevis, covering the washer. 

EFFECTIVITY·-------------------------, 

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(_ 

MAINTENANCE MANUAL 

AE. Connect actuator and actuator walking beam to trunnion Link 

CAMM 32-32-02/401 and AMM 32-32-11/401). 

AF. Tighten actuator walking beam attachment bolt 400 to 1500 pound-inches 

Lube torque, and actuator attachment bolt 400 to 1500 pound-inches Lube 

torque. Lock with cotter pins. 

NOTE: Use extra washe1·s AN960-1416 or AN960-1416L under nuts if required 

to obtain correct indexing for cotter pins. 

AG. Remove Landing gear shock strut clamp from torsion Links (Fig. 402). 

AH. Install trunnion swivel complete with hydraulic Lines (Fig. 404). 

AI. Connect swivel antirotation strut. 

AJ. Connect electrical cable. 

AK. Install flap track fairing. 

AL. Install main gear wing doors. 

(1) Place door in position to align with hinge halves on structure. 

(2) Insert washers between Lugs of the forward hinges. Position door in 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

( 1 0) 

( 11 ) 

( 12) 

( 13) 

fore and aft position that provides a clearance between lugs of aft 

hinge. 

Insert hollow hinge pins and hang door. 

Place washers o~ bolts/ coat bolts with corrosion-preventive 

compound and insert through hinge pins with heads facing aft. Add 

washer and nut to each bolt. 

Tighten nuts and install cotter pins. 

Hold door clear and place door-actuating rod in position to Line up 

with attachment point on door. 

Insert hollow pin through door fitting and rod. 

Install a washer on actuation rod attachment bolt, coat bolt with 

corrosion-preventive compound, and insert bolt through hollow pin 

with head facing forward. 

Add a washer and nut. Tighten nut to standard torque and install 

cotter pin. 

Install actuator rod support gimbal fitting Cif removed). 

Cal Install countersunk washer on gimbal fitting. 

(b) Install gimbal fitting in actuator rod support and measure 

total gap between countersunk washer and support~ 

(c) Install shim washers between countersunk washer and support to 

Limit gap to a total maximum of 0.006 ±0.003 inch. 

(d) Install washers. Add nut and tighten 2200 to 3300 

pound-inches. Install cotter pin. 

NOTE: Additional AN960XC1616 washers may be used to engage 

cotter pin. 

Make sure that removable tubular bearing is in position in dooractuation rod fitting on drag strut. 

Align actuation rod with fitting on drag strut. 

Insert fiber washers between actuation rod Lugs and attachment 

fitting. 

EFFECTIVITY-------------------------, 

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c 

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MAINTENANCE MANUAL 

C14l Place countersunk washer on attachment bolt. Coat bolt with 

corrosion-preventive compound and insert bolt through rod and 

fitting. 

NOTE: Install shim washers between fiber washers and drag strut 

fitting to limit total maximum gap to .005 +.013 or -.000 

inch. 

C15) Add washer and nut. 

(16) Tighten nut 480 to 600 inch-pounds. 

(17) Install cotter pin. 

C18) Attach bonding jumpers at aft wing door hinge access door and secure 

access doors over forward and aft wing door hinges. 

(19) Adjust Crigl wing door CAMM 32-12-11/501). 

AM. Service shock strut and lubricate landing gear CAMM Chapter 1 2). 

AN. Pressurize hydraulic system and bleed brakes and pneumatic brake system 

(AMM 32-41-00/201, AMM 32-43-00/201). 

AD. Check hydraulic brake line connections for leaks. 

WARNING: TO PREVENT PERSONNELL INJURY DR EQUIPMENT DAMAGE DURING 

INTERNAL LEAKAGE CHECKS, KEEP PERSONNEL AND EQUIPMENT CLEAR OF 

HYDRAULIC COMPONENTS THAT CAN MOVE. 

AP. Check 

( 1 ) 

continuity of skid detectors: 

Airplanes with 2 or 3 INOP lights on antiskid panel. 

(a) Make sure that circuit breakers on panel P6 are closed. 

Cb) Provide electrical power to system. 

Cc) On pilots' overhead panel, place antiskid switches to ON. 

Cd) Place SELECTOR switch on front of antiskid control unit in 

inboard position for applicable gear CLI or RI). Push XDCR 

test switch and make sure that meter reads in green band. 

Ce) Place SELECTOR switch in outboard position for applicable gear 

CLO or RO). Push XDCR test switch and make sure that meter 

reads in green band. 

(f) Place SELECTOR switch to OFF. 

(g) Remove power from system, if no longer required. 

C2l Airplanes with 4 or 5 REL lights on antiskid panel. 

Cal Release parking brake. 

(b) Make sure that circuit breakers on panel P6 are closed. 

(c) Provide electrical power to system. 

Cdl On pilots' overhead panel, place antiskid switches to ON. 

(e) Place antiskid test switch to INBD. Make sure that inboard 

indicators show blank and outboard indicators show REL. 

(f) Place antiskid test switch to OUTBD. Make sure that outboard 

indicators show blank and inboard indicators show REL. 

(g) Apply parking brakes. 

Chl Remove power from system; if no longer required. 

AQ. Do the Antiskid System Test (AMM 32-42-00/501). 

AR. Remove external ground locks CAMM 32-00-11) and wheel well doorlock. 

Perform a retraction test on the gear CAMM 32-32-00/501). 

AS. Install external ground locks (AMM 32-00-11). 

EF FECTIVITYr-------------

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09.1 Page 423 

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BOEING PROPRIETARY- Copyright (C) - Unpublish~d Work- See title page for details. 

Exhibit 6 

B-727 Aircraft Maintenance Manual (AMM), 

Section 32-12-11 
c 

c 

c 

1. 

2. 

3. 

MAINTENANCE MANUAL 

MAIN GEAR WING DOOR- REMOVAL/INSTALLATION 

General 

A. After routine removal, the main gear wing door ins~allation procedure 

consists of mounting and adjusting the original door per par. 4. If the 

existing door has been damaged and a replacement door is required, it 

will be necessary to trim and tailor the new door to suit the particular 

wheel well. Stops and shims are removed from the original door and 

assembled on the replacement door. 

B. The replacement door is supplied in separate parts, c.onsisting of a main 

wing door panel, an end plate, seal retainers and a rub channel 

(Fig. 402). Paragraph 5 describes the assembly and trimming operations 

required when installing a new door. 

Equioment and Materials 

A. Main Gear Ground Lockpin Assembly CAMM 32-00-11) 

B. Nose Gear Ground Lockpin Assembly CAMM 32-00-11) 

c; Main Landing Gear Door Downlock - 2ME65-Z0750-1 or F72960-1 

D. A Low, Padded, Flatbed Transportation Dolly 

E. Airplane Jacks 

F. Corrosion-Preventive Compound- MIL-C-11796, Class 3 (AMM 20-60-02) 

Removal Main Gear Wing Door 

A. Make sure that external down locks· are inst~lled in landing gear 

B. 

CAMM 32-00-11) and wheel well doors and the door ground release handle is 

down and Latched. 

Open wing door hinge access doors and detach bonding jumpers at aft hinge 

acc.ess door. 

NOTE: On some airplanes, a tapered filler 

hinge of forward hinge access ~oar. 

when access door is opened, it must 

when door is closed. 

piece is installed under upper 

If filler piece is present 

be installed in same position 

C~ Support wing door, remove actuation rod attachment bolt from door, and 

slide out hollow pin CFig. 401). Keep washers. 

D. Swing actuation rod clear of door and secure to drag strut. 

E. Support upper end of door and remove hinge bolts and hollow hinge pins. 

NOTE: Observe number and position of washers under nuts and boltheads. 

Forward hinge is shimmed with washers between hinge lugs to 

provide fore and aft adjustment of door. Care must be taken to 

record Location of washers to ensure correct assembly. 

J4. Installation Original Main Gear Wing Door 

A. Place door in position to align with hinge halves on structure 

(Fig. 401l. 

EFFECTIVITY-------------, 

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15. 

MAINTENANCE MANUAL 

B. Insert washers between Lugs of forward hinges. Set door in fore and aft 

position to provide a clearance between lugs of aft hinge. 

C. Insert hollow hinge pins and hang door. 

D. Place washers on bolts, coat bolts with corrosion preventative compound 

and insert through hinge pins with head aft on forward hinge and forward 

or aft on aft hinge. Add washer and nut to each bolt. 

E. Tighten nuts and install cotter pins. 

F. Hold door clear, Loosen door actuation rod, and swing rod into operating 

position. 

CAUTION: ACTUATION ROD MUST BE POSITIONED OVER DRAG STRUT OR DAMAGE TO 

ACTUATION ROD AND/OR DOOR MAY RESULT WHEN GEAR IS RETRACTED. 

G. Guide door and door actuation rod together until outer end of rod and rod 

attachment point on door Line up. 

H. Insert hollow pin through door fitting and rod. 

NOTE: Gap between rod end and inner surface of door fitting as shown in 

VIEW 1 must be maintained. 

I. Install a washer on actuation rod attachment bolt, coat bolt with 

corrosion-preventative compound, and insert through hollow pin with head 

forward. 

J. Add a washer and nut. Install cotter pin. 

K. Attach bonding jumpers at aft wing door hinge access door and secure 

access doors over forward and aft wing door hinges. 

L. Adjust Crig) wing door per Adjustment/Test. 

Replacement Main Gear Wing Door Installation 

A. Unpack door component parts and Lay out main wing door panel CFig. 402). 

B. Transfer shims and upstop from original to replacement door. Transfer 

built-up shims and stop in one piece and instaLL on new main door panel. 

Locate stop position relative to end of main door panel. 

C. Place door in position to align with hinge halves on structure 

(Fig. 401). 

D. Insert washers between Lugs of forward hinges to Locate door in fore and 

aft position to provide a clearance between Lugs of aft hinge. 

E. Insert hollow hinge pins and hang door. 

F. Place washers on bolts, coat bolts with corrosion-preventative compound, 

and insert through hollow pins with head aft on forward hinge and forward 

on aft hinge. Add washer and nut to each bolt. 

G. Tighten nuts and install cotter pins. 

EFFECTIVITY'-------------------------, 

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01.1 Page 402 

Jul 25/09 

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c 

c 

c 

INBD 

~~· FWD 

MAINTENANCE MANUAL 

PPER SILL "OF OUTBOARD 

WHEEL WELL DOOR UPPER SILL OF 

OUTBOARD WHEEL WELL 

DOORS (DOORS CLOSED) 

WING ODOR 

END PLATE 

/'~----cf---SAFETY 

0.05 INCH 

STDP 

BUMPER PLATE ON 

OUTBOARD DOOR 

CLEARANCE BETWEEN 

BUMPER PLATE AND STOP 

HINGE ASSEMBLY 

SEE DETAILS 

DETAIL A 

;"'~./ . . \\1----W!NG.. DooR. 

•

1

FIX.EO 

UP STOP 

ACTUATION ROD 

ATTACHMENT BOLT 

ACTUATION ROD 

ATTACHMENT 

SHIM 

Main Gear Wing Door Installation 

Figure 401 (Sheet 1) 

VIEW 1 

ACTUATION 

ROO 

ODOR 

FITTING 

EFFECTIVITY-------------, 

32-12-11 

ALL 

01 

BOEING PROPRIETARY - Copyright {C) -Unpublished Work - See title PEge for details. 

Page 403 

Dec 01/05 
c 

c 

MAINTENANCE MANUAL 

c:::::IFWD 

WASHER(S) 

WASHER(S) 

WASHER 

COTTER PIN 

HINGE BOLT: I I : 

UL_jj __ j NUT 

---1~~ !MAX) 

DETAIL 8 

MAIN GEAR WING DOOR 

FORWARD HINGE WITH 

TEFLON BUSHINGS 

CRES STEEL 

WASHERS 

{AS REQUIRED) 

HINGE PIN 

__ _j 

c:;FWD 

DETAIL 8 

MAIN GEAR WING DOOR 

FORWARD HINGE 

ALTERNATE 1 

CRES STEEL 

WASHERS 

(AS REQUIRED) 

SELF 

LUBRICATING 

BUSHING 

HINGE PIN 

SELF LUBRICATING 

BUSHINGS 

WASHER IS} 

HINGE BDLTLJi __ Jj __ j NUT 

-1~~- (MAX) 

DETAIL 8 

MAIN GEAR WING DOOR 

FORWARD HINGE 

ALTERNATE 2 

Main 

DETAIL 8 

MAIN GEAR WING DOOR 

FORWARD HINGE WITH 

SELF LUBRICATING BUSHINGS 

Gear Wing Door Installation 

Figure 401 (Sheet 2) 

EFFECTIVITY-------------------------, 

32-12-11 

ALL 

01 

BOEING PROPRIETARY - Copyright (C) -Unpublished Work - See tltle page far details. 

Page 404 

Dec 01/05 
c 

c 

MAINTENANCE MANUAL 

HINGE 

ASSEMBLY 

O.D2 M!N ~-------... CLEARANCE. Y 

EACH SIDENUT 

WING DOOR --':""""J 

\,'---_ BOLT MAY BE INSTALLED 

~ WITH HEAD FORWARD DR 

AFT 

BUSHING 

DETAIL C 

MAIN GEAR WING DOOR 

AFT HINGE 

Main Gear Wing Door Installation 

figure 401 (Sheet 3) 

EFFECTIVITY·-------------, 

ALL 

01 

HINGE BDL T 

[!:> 

32-12-11 

Page 405 

Dec 01/05 

BOEING PROPRIETARY- Copyrjght (C) -Unpublished Work- See title page for details. 
c 

c 

MAINTENANCE MANUAL 

H. Hold door clear, release door actuation rod, and swing rod into operating 

position .. 

CAUTION: ACTUATION ROD MUST BE INSTALLED OVER DRAG STRUT OR DAMAGE TO 

ACTUATION ROD AND/OR DOOR MAY RESULT WHEN GEAR IS RETRACTED. 

I. Guide door and door actuation rod together and align rod with attachment 

point on door .. 

J. Insert hollow pin through door fitting and rod (Fig. 401l. 

K~ Place a washer on attachment bolt, coat bolt with corrosion-preventative 

compound, and insert through hollow pin with head forward. 

L. Add washer and nut, tighten nut and install cotter pin 

M. Manually close main gear doors and mark top edge of outboard door ends on 

airpLane body. 

N. Open main gear doors and install door ground Lock. 

0. Attach end plate assembly to wing doors. 

P. Jack airplane for gear ·.retraction per AMM Chapter 7. 

Q. Remove ground Lock from effected gear. 

R. Using external hydraulic power, slowly retract gear and determine excess 

material on fore and aft edges of wing door and end plate. 

S. Make suitable markings on door, Lower gear and trim edges of door and end 

plate to obtain a 0.10 to 0.25-inch gap between door and adjoining 

structure. 

T. 

u. 

v. 

w. 

X. 

NOTE: Gap between hinge Line and flap track to be between 0.18 and 0.35 

inch. 

Retract gear and check gap after trimming. Repeat process if necessary 

until gap is correct. 

With gear retracted, determine amount of excess material on bottom edge 

of plate. Check plate bottom edge against main gear door position 

markings on body. 

Transfer the safety stops, complete with shims, from the original door to 

the end plate. 

Trim end plate and adjust safety stops by varying shim thickness until 

the bottom of the end plate clears the bumper plate of the outboard wheel 

well door by 0.05 inches. 

After the trimming of the end plate is complete, adjust the 

inboard-outboard position of the plate to fair with the body within 

± 0.06 inch. Use Laminated and tapered shims between end plate and 

attachment brackets. 

Y. Place the seal retainer on the aft edge of the end plate assembly. 

Locate position by matching the seal against the forward edge of the 

wheel well. 

Z. Drill fastener holes through the end plate assembly and the seal retainer 

per original door and install seal retainer. 

EFFECTIVITY-------------------------, 

32-12-11 

ALL 

01.1 Page 406 

Jul 25/09 

BOEING PROPRIETARY- Copyright (C) -Unpublished ~ork- See title page for details. 
c 

DRILL FASTENER 

HOLES TO MATCH 

HINGE ACCESS DOOR 

HtNGE 

HINGE 

ACCESS 

DOOR 

MAINTENANCE MANUAL 

SEAL 

RETAINER 

(AFT EDGE} 

I---WING PANEL 

__ ) 

RUB CHANNEL/ 

MAIN WING 

DOOR PANEL 

UP STOP 

{SHIMS UNDER} 

Main Gear Wing Door Replacement 

Fig.ure 402 

EFFECTIVITY'--------------, 

ALL 

\11-it---- SAFETY STOP 

(SHIMS UNDER} 

01 

SEAL RETAINER 

(BOTTOM EDGE) 

32-12-11 

Page 407 

Dec 01/05 

BOEING PROPRIETARY- Copyright (C) -Unpublished ~ork- See title page for details, 
c 

c 

c 

AA. 

AB. 

AC. 

AD. 

AE. 

AF. 

AG. 

AH. 

AI. 

AJ. 

AK. 

AL. 

AM. 

AN. 

AO. 

AP. 

AIL 

MAINTENANCE MANUAL 

Place the seal retainer on the bottom edge of the end plate. Locate 

position by matching with the upper edge of the main Landing gear door. 

Drill for fasteners per original door and install seal retainer. 

Locate forwa~d seal rub channel on forward edge of door assembly. Adjust 

position within 0.00 to 0.05 inch from extreme forward edge of door. 

Check for clearance from wing lower panel structure when door is 

retracted. 

Drill for fasteners per original door and install the rub channel. 

With door retracted, mark position of screw holes in hinge access doors 

on main door assembly. 

Drill fastener holes, connect bonding jumpers (if installed), and secure 

hinge access doors. 

Measure distance inboard end of door is out of fairing with wing contour. 

If door is more than 0.05 inch above, or 0.20 inch below wing contour, 

adjust actuating rod until door fairs within above Limits. 

NOTE: One-half turn of actuating rod end moves end of door approximately 

0.25 inch. 

Adjust forward upstop bumper until door fairs within± 0.06 inch with 

wing contou.r. 

Suspend a weight of between 375 to 425 pounds from inboard end of door 

with Load equally distributed between spars. 

Shorten door actuation rod until sag at forward inboard corner of door is 

0.15 ±0.05 inch. 

NOTE: A maximum of 16 threads may be exposed after adjusting rod ends. 

Remove weight. 

Adjust rod end in actuation rod to clear inner surface of door fitting by 

0.02 +0.00/-0.01 inch (Fig. 501). 

Lock door actuation rod adjustment. Tighten rod end checknut 1000 to 

1200 pound-inches. 

Perform a retraction test and check operation of door CAMM 32-32-00). 

Lower airplane and remove jacks. 

EFFECTIVITY-------------------------, 

32-12-11 

ALL 

01.1 Page 408 

Jul 25/09 

BOEING PROPRIETARY- Copyright (C) -Unpublished Work- See title page for details. 
( 

c 

I 

MAINTENANCE MANUAL 

MAIN GEAR WING DOOR - ADJUSTMENT/TEST 

Main Gear Wing Door Adjustment 

A. Jack airplane for gear retraction CAMM Chapter 7, Jacking Airplane). 

B. Pressurize hydraulic system and open wheel well doors on affected gear. 

C. Install main wheel well door downlock and remove external ground Lock 

from gear CAMM 32-00-11). 

D. Return ground door release handle to up position. 

E. Make sure that the Length of actuation rod between centers of attachment 

points is approximately 32 inches. 

F. Remove end plate from door CFig. 501). 

G. Retract the Landing gear. 

WARNING: MAKE SURE THAT PERSONNEL AND EQUIPMENT ARE CLEAR OF GEAR· 

RETRACTION PATH BEFORE RETRACTING GEAR. 

H. Measure vertical distance inboard end of door is out of fairing with wing 

contour. 

I. If door is more than 0.05 inch above or 0.20 inch below wing contour, 

adjust actuation rod until door fairs within above Limits. 

NOTE: One half turn of actuation rod end moves end of door approximately 

0.25 inch. 

J. Install end plate and adjust to fair with body contour by varying 

thickness of Laminated shims installed between end plate brackets and 

door. 

NOTE: Whenever shim laminations are removed, coat exposed surfaces with 

hydraulic fluid resistant primer. 

K. Install and adjust forward upstop bumper until wing door fairs within 

± 0.06 inch with wing contour. 

L. suspend a weight of between 375 to 425 pounds from inboard end of door 

with Load equally distributed between spars. 

M. Shorten door actuation rod until sag at forward inboard corner of door is 

0.15 ±0.05 inch. 

CAUTION: A MAXIMUM OF 16 THREADS MAY BE EXPOSED AFTER ADJUSTING ROD END. 

N. Remove weight and extend Landing gear. 

0. Adjust rod end in actuation rod to clean inner surface of door fitting by 

0.02 +0.00/-0.01 inch CFig. 501). 

P. Lock door actuation rod adjustment. Tighten rod end checknut 1000 to 

1200 pound-inches. 

Q. Pull down and Latch ground door release handle. 

EFFECTIVITY·-------------------------, 

32-12-11 

ALL 

01.1 Page 501 

Jul 25/09 

BOEING PROPRIETARY- Copy~ight (C)- Unpublished ~ork- See title page for details. 
c 

c 

MAINTENANCE MANUAL 

PPER SILL OF OUTBOARD 

WHEEL WELL DOOR UPfER SILL OF 

OUTBOARD WHEEL WELL 

DOORS (DOORS CLOSED~ 

WING DOOR 

END PLATE 

0.05 INCrt 

BUMPER PLATE ON 

OUTBOARD DOOR 

CLEARA.NCE BETWEEN 

BUM PER PLAT[ ,&,N D STOP 

DETAIL A 

~~\ - rNBD FWD 

,'FIXED 

UP STOP 

WING DOOR 

END P'LATE 

WING 

DOOR 

Main Gear Wing Door Adjustment 

Figure 501 

EFFECTIVITY'-------------, 

ALL 

01 

ACTUATION 

ROD 

DOOR 

FITTtNG 

c:::; FWD 

32-12-11 

Page 502 

Dec 01/05 

BOEING PROPRIETARY- Copyright CC) - Unp~blished ~ark- See title page for details. 
( 

c 

l 

MAINTENANCE MANUAL 

R. Remove wheel well doorlock and operate door release handle to close 

doors. Do not allow door release handle to snap into up position. 

WARNING: MAKE SURE THAT THE DOOR ACTION PATH IS CLEAR OF EQUIPMENT 

BEFORE CLOSING DOORS. RAPID ACTION OF DOORS MAY INJURE 

PERSONNEL OR DAMAGE EQUIPMENT. 

S. Retract landing gear and check clearance between safety stops and bumper 

plate on outboard door. Add or remove shims from under safety stops 

until bottom of end plate clears bumper plate of outboard wheel well door 

by 0.05 inch. 

T. Check edge trim around periphery of door. Gap between edge of door and 

adjacent structure to be within 0.10 and 0.25 inch. 

NOTE: Gap between hinge Line and flap track to be between 0.18 and 0.35 

inch. 

U. If it is necessary to adjust door in a fore or aft direction to provide a 

clearance between aft hinge Lugs, install an extra washer between lugs at 

forward door hinge. With extra washer installed behind forward Lug, door 

moves forward. With washer installed in front of rear Lug, door moves 

aft. 

V. Perform a retraction cycle and check operation of door. 

W. Make sure that the Landing gear control Lever is in the DN position. 

X. Lower airplane and remove jacks. 

EFFECTIVITY·-------------------------, 

ALL 

32-12-11 

01.1 Page 503 

Jul 25/09 

BOEING PROPRIETARY- Copyright (C) -Unpublished Work- See title page for details, 
c 

1 . 

2. 

MAINTENANCE MANUAL 

MAIN GEAR WING DOOR - INSPECTION/CHECK 

Main Gear Wing Door Inspection 

A. Examine Main Gear Wing Door 

(1) Check door actuation rod for damage and cracks. 

(2) Check hinges for cracks, bonding jumpers for fraying and looseness. 

(3) Check doors for cracks along outer edges. 

(4) Check skin for buckling and pulled rivets. 

(5) Check sealing strips for deterioration, tears, and looseness. 

(6) Check wing door end plate for damage from material thrown up from 

·wheel. 

Main Gear Wing Door Wear Limits 

A. General 

(1) This data consists of illustrations and wear limits charts. There 

wiLl be no procedure given i-n this section for gaining access to~ or 

removing and replacing the component ufter inspection for wear. 

Refer to the individual component removal/installation procedures 

for this information. 

B. Examine Main Gear Wing Door for Wear 

( 1-) With the doors removed from airplane, check the hinges and moving 

joints for wear per Fig. 601. 

EFFECTIVITY-------------, 

32-12-11 

ALL 

01.1 Page 601 

Jul 25/09 

BOEING PROPRIETARY- Copyright CC) - Unpubl1shed Work- See title page for details. 
( 

c 

MAINTENANCE MANUAL 

1

-----, 3-----...._ 

7 

• 

SECTION A-A 

INBD~ GJFWD 

Main 

I 

I I 

I I 

I I 

I 

\ 

' 

I I 

I 

\ " / 

I 

\ --- ' I 

I 

I I 

\ I 

I 

' / 

' -- " ------ Gea: Wing Door- Wear Limits 

F1gure 601 (Sheet 1) 

EFFECTIVITY------------------------~ 

ALL 

119 

01 

32-12-11 

Page 602 

Dec 01/05 

BOEING PROPRIETARY _ Copynght CC) _ . Unpubl1shed Work - See t 1 tl e page for deta1ls 
c 

MAINTENANCE MANUAL 

DESIGN LIMITS WEAR LIMITS 

DIAMETER MAX 

MAX DIA REPLACE REPAIR 

INDEX PART WEAR CLEAR WORN WORN REPAIR 

NO. NAME DIM MIN MAX DIM ANCE PART PART INSTR. 

1 ROD ID 0.5625 0.5G40 0,5685 X I 

0.0070 

2 BOLT OD 0.5605 0.5615 0.5575 X 

3 BUSHING ID 0.7510 0.7520 0.7560 X 

0.0070 

4 BUSHING OD 0.7485 0.7490 0.7440 X 

5 BUSHING ID 1.2490 1.2500 1.2535 X 

0.0060 

6 GIMBAL OD 1.2470 1.2475 1.2430 X 

6> BUSHING ID 0.5010 0.5020 0.5050 0.0050 X 7 

~ BUSHING ID 0.5032 0.5052 0.5114 0.0114 X 

8 BUSHING OD 0.4995 0.5000 0.4960 0.0050 X 

6> BUSHING ID 0.5010 0.5020 0.5050 0.0050 X 

9 

~ BUSHING ID 0.5032 0.5052 0.5114 0.0114 X 

10 BUSHING OD 0.4995 0.5000 0.4960 0.0050 X 

11 BUSHING ID 0.6250 0.6265 0.6310 X 

1 OD 

0.0070 

12 BUSHING 0.6230 0.6240 0.6180 X 

BUSHING 

13 TO - 1.9380 1.9640 1.9220 X 

BUSHING 0.094 

WASHER [t:> . 

10> TO - 1.966 2.016 - X 

WASHER 

[1::::> IF INSTALLED. 

[2::::> DESIGN CLEARANCE IS 0.0021NCH MINIMUM, 0.078 INCH MAXIMUM. IF WEAR IS IN EXCESS OF 

0.086 INCH, INSPECT THRUST FACE OF BOTH BUSHING. IF EITHER FACE SHOWS WEAR THROUGH 

SINTERED BRONZE SURFACE, REMOVE AND REPLACE BUSHINGS. 

[i> AIRPLANES NOT INCORPORATING SB 32-234 

[i:> AIRPLANES INCORPORATING SB 32-234 

Main Gear Wing Door- Wear Limits 

Figure 601 (Sheet 2) 

EFFECTIVITY-------------------------, 

ALL 

01 

32-12-11 

Page 603 

Dec 01/05 

BOEING PROPRIETARY- Copyright (C) -Unpublished Work- See title page for details. 

Exhibit 7 

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04MAY09 

_.6.AIRBORNE lol:~E ~ EI'IGIHEERIME S"ii!WI~ES REA NO: B252-60147--

RFTS NO: T-46451 

REVISIONfDATE: IR- 5/28/2010 

REPAIR ENGINEERING AUTHORIZATION PAGE NO: 1 OF 1 

TITLE: Repair- Inner Skin, Right Wing MLG Door, PfN 65-21636-160, B727 

EFFECTIVE ON 

N898AA 

/hA /7)fl 

I Michael Lekan 

I I AIRCRAFT 1 X 1 

COMPONENT I -I 

5/ujz,r(1 

PC TALLY/SHOP NO. 

N/A 

NIA N!A 

Tim Boggs 

· Prepared by Date Approved by (REQUIRED"FORMAJORBEPAlR) Date 

MINOR [KJ MAJOR D AUTHORITY: N/A 

SBNo: N/A Rev: AD No: NIA Date: AdmtNo: NIA Rev: - - REFERENCES: Appendix Sheet 

LINE MAINTENANCE ONLY LOGPAGENUMBER:~'--------------~ 

I DE~C~IPTIO.N: - . - . . . . - Dunng lme mamtenance V!Slt at W1lmmgton, OH (ILN), Mamtenance discovered a small edge crack m the 

I 

inner skin of the right wing main landing gear flying door. The crack was confinned by eddy current 

inspection 0.30" emanating from the inner radius. Minor edge damage (nicks) was also noted approximately 

4.0" along the inner edge radius of the inner and outer skin. This REA authorizes removal of the damage_ 

ITEM 

NO. 

1. 

2. 

3. 

4. 

REA .DOT 

RE60i'"47 

WORKSTEPS 

SPECIAL MATERIALS f PARTS REQUIRED: 

N/A 

Remove crack in inner skin using minimum 0.50" radius, matching the 

existing contour md curvature of skin to edge of pmel. Use care to 

not damage outer skin. Maintain minimum 2D edge distance at my 

fastener 1ocatiollii. 

Remove edge damage of inner md outer skins as required per 727 

SRM 52-00-2 using minimum 1.0" radius. 

Treat reworked surfaces with primer and topcoat as applicable per the 

727 AMM. 

ACCOMP. INSPECT 

BY _BY 

xxxx xxxx 

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xxxx 

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RLG 

·1111111111 IIIII llllll\lllllllll\1\1\l I vr 

TYPE/SERIES CUSTOMER 

B727-200 

PO INON-ROUTINEIGE~~RATED BY WORK ORDER-ZONE-ITEM[ 

0001 P1 EVALUATION LABO 11972-0000-0001 

PAGE 

1 I 1 

EST.TIME MILESTONE W/0 DATE STATION BAY AREA SDR 

20.00 45 05/27/2010 ILN HO .~J 

M/M REF : 

.. 

ZONES : 

ACCESS ~PANELS : 

DISCREPANCY : R/H MAIN GEAR ~ING DOOR REPORTED FOR DISCREPANT CONDITION. SUSPECT WORN BUSHINGS / HARDWA 

MARINE 350040 05272010. 

EVALUATION : REMOVE R/H YlAIN LANDING GEAR DOOR '-T;N-SPECT HARDWARE REPLACE AS NECESSARY. 9Q•Q087 

PARTIAL W'"CW....K t-;(_) I. 

I .. . LEAK CHECK ( )" ENGINE RUN ( ) OPS CHECK I I 

CORRECTIVE ACTION : fJK :::!& ksk. { { 

~v~;J,; {Jfb~c-?( &,!o ()& ~·. ' 

• diR \.. I • I 

··-------'-------

DANGER TAG INSTALLED: YES I I NO i-J-_.J I DANGER TAG REMOVED: YES -r-ru (\--'(; 

I ~rL~ ~~ 

CORRECTED BY : EMF# : •:::Z -'?6 ~ j ~ 

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HECHANIC 

LLG 

NON-ROUTINE GENERATED 

0002 Pl 

W/0 DATE STATION 

05/27/2010 ILN 

BY WORK ORDER-ZONE-ITEM 

ll972-0000-0002 

BAY AREA 

HO 

DISCREPANCY : L/H MAIN GEAR WING D09R REPORTED FOR DISCREPANT CONDITION. SUSPECT WORN 

lf~INE 350040 05272010. 

EVALUATION REMOVE L/H. MLG DOOR INSPECT HARDWARE REPLACE AS NECESSARY. 900087 

PARTIAL WORK C><J. 

CORRECTIVE ACTION : 

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~ § AIRBORME---~t.f·EeHJtN-r-e-- --- MAJHTENAHCE &. E~Ci1NI$:RIHG SE:RVICE:S . LLG; RLG 

AIC 

1898AA c KILL - M. 

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TYPEISERIES 

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EST.TIME 

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CUSTOMER PO 

MILESTONE 

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R-25 26-0CT-2009 
s 

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ZOl\TES 

STRUCTURES 

RW 

TYPE/SERIEB 1

CUSTOMER PO NON-ROUTINE 

B727-200 0012 

EST.TIME 

5. 00 

MILESTONE W/O DATE 

05/31/2010 

0003 P1 

STATION 

ILN 

ACCESS PANELS 

BY 

BAY 

HO 

DISCREPANCY , RT lflliG WING DOOR FWD HINGE/\OUTBD. 

(.,.;v 0f.4 

HINGE LOOP CRACKED. 

M ASELAGE 350146 5-31-10 

EVALUATION : REMOVE AND REPLACE HINGE. 

350146 5-31-10 

WOlL~ ORDER-ZONE-ITEM! 

12030-0000-0015 

lUiliA 

PARTIAL WORK ( LEAK CHECK ENGINE RUN ( OPS CHECK ( 

CORRECTIVE ACTION : 

DANGER TAG INSTALLED' YES ( NO DANGER TAG REMOVED' YES ( ) tv /J'v 

CORRECTED BY EMP# 

DATE ----'o~s"-----1~'--'--1 __ / z.o .. o TIME 

INSPECTED BY EMP# 

DATE ?>r tO --------'--/----'--=----- TIME 

PAGE 

1 I 1 

R-25 26-DCT-2009 
TYPE/ SERIES I CUSTOMER PO 

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:.ILL EST.TIME MILESTONE 

s 5. 00 

MIM REF 

ZONES 

ACCESS PANELS 

STRUCTURES 

RW 

0013 

I GENERATED 

0003 P1 

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05/31/2010 ILN 

BY 

BAY 

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DISCREPANCY : RT MLG WING DOOR FWD 

M ASELAGE 350146 5-31-10 

HINGEfvMID HINGE LOOP 

(pJif or~\ 

CRACKED. 

EVALUATION REMOVE AND REPLACE HINGE. 

5-31-10 

WORK ORDER-ZO~~-ITEM 

12030-0000-0016 

AREA 

PARTIAL WORK ( LE...!l....K CHECK ENGINE RUN ( OFS CHECK ( 

CORRECTIVE ACTION 

DANGER TAG INSTALLED' YES ( ) DANGER TAG REMOVED' YES ( ) ;v /tJ. 

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' 

DATE 0 ,(- I ~; TIME J '} Do 

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DATE __ ~L___I_3""--'-t _I !D TIME noo::z::-

PAGE 

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R-25 26~0CT-2009 
(_ 

AIC TY.PEI SERIES CUSTOMER PO 

1))899AA B727-200 

STRUCTURES 

RW 

NON-ROUT I!<~ 

0014 0011 

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12030-0000-0017 

~.ILL EST.TIME MILESTONE WIO DATE STATION BAY AREA 

s 5.00 0513112010 

MIM REF 

ZONES 

ACCESS PANELS 

DISCREPANCY : RT MLG WING DOOR AFT HINGE WORN. 

M Z.SELZ.GE . 350146 5 31 10 A . II CLJJ~r DP 

EVALUATION : REMOVE AND REPLACE HINGE. 

3501.46 5-32-10 

ILN HO 

PARTIAL WORK ( LEl'.K CHECK ( ENGINE RUN ( I OPS CHECK ( 

CORRECTIVE ACTION : / . 4 'd, - z;:;., MS rloo u I- b (Cf.IH {U n:f :::i:. ~'4/;_c ff-/ ._ft. / c 

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PAGE 

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DANGER TAG INSTl'.LLED' YES/) NO (vJ I DANGER TAG REMOVED, YES ( ) ~lw / 

CORRECTED BY '~ ~-/-- EMP# : 2)u-" ''I 

I 

DATE ' ·) I 3/ I !(} TIME ' /7V() 

.;:-·:-;::--... 

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' 

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R-25 26-0CT -2009 
A!Y~E~~!?EE!~! STRUCTURES II LWW ")-

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1'./C TYPE/SERIES CUSTOMER PO NON-ROUTINE GENERATED BY I WORK ORDER-ZONE-ITEM PAGE 

L"Js 9 9AA B727-200 0015 0003 P1 12030-0000-0018 · 1 I 1 

.KILL EST.TIME MILESTONE W/0 DATE STATION BAY AicEA 

' jff s 5.00 05/31/2010 ILN HO 

MIM REF ' 

ZONES ' 

ACCESS PANELS ' 

DISCREPANCY o LT MLG WING DOOR FWD HINGE OUTED . HINGE BRACKET WORN. 

M ASELAGE 350146 5-31-10 j\ oA ;t (/)Jd' ClJVt../" 

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EVALUATION ' REMOVE AND REPLACE HINGE 

fJW- t<Jr~j''-~ 350146 5-31-10 

' 

- PARTIJI.L WORK ( ) LEAK CHECK ( ) I ENGINE RDN ( ) I OPS CHECK ( ) 

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DANGER TAG INST.iu:LEDo YES ( ) NO (O(l DANGER TAG REMOVEDo YES ( ) N /;t 

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DATE ' ,- 0_:, I ~ t I Zc J o TIME ' ·r 0 --~ -6-

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W/0 DATE STATION BAY AREA 

~~R Is 4. 00 45 05/31/2010 ILN HO 

.M/M REF ' 

ZONES ' 

ACCESS PANELS ' 

DISCREPANCY ' LT MLG WING DOOR FWD HINGE COVER OUT OF FAIR. M. ASELAGE 35014 6 05312010 

EVALUATION ' REMOVE & REPLACE MIDDLE HINGE 350146 ObPJ-t_jJ j"';if) 

v-· PARTIAL WORK I I I LEAK CHECK I I I :ENGINE RUN I I I OPS CHECK I I 

'"v"' ACTION ' ';? L'f'\ ""( "<d, C;: "+,.,. k-;- "-..C-(: u.s s-._ f'V\ b\j j_ A-vJ -p---,- ?•c) J /_t~( ~-~-(.) 

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DATE ' os I J[ I /() TIME ' d.b . ., c- - ~2 ) 

' 

c INSPECTED BY ' lJ /Jodi!); EMP# ' 35Do3'i 

s- j, t 3{. DATE !{) ,;u2 3 {) ' I TIME ' 

R-25 26-0CT-2009 

Exhibit 10 

CCIA Log Page Documenting Replacement of 

Landing Gear Cylinder on Aircraft N287SC 
0 

I LOG PAGE NoS 8 22 61 

I I ZOATE o/l'fli' _ffi_QM _TO 

_ :ZNO. 

I C!pl.!in IDJ 

.n 

l;AI"'II AL CARGO INTt:KI 

OFF 

I I I 

IDO , .. 

'"' ,.,. 2nd ACM 

--

,INC. 

UPLIFT 

Q.O.U1.TR 

DEPFUI!l [ARR.Fua 

lBS LBS 

. 

- I . 

I I !I:AOOEO I -1 I 

r- I ::FI\W __ 

CORRECTIVE ACTION 

BUR

'

A

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tJ F yc ,,.; D ff( 

-yor_ 

I ArlO K -lt!fiALUJ) t4J. !'1L'3. d=- 

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037!4 

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I ( N .c"' iLliiH-- iL£1, JJ.! / /UCJ?LJ!- _ t<?J IT 

ENTRY BY: )/ 'Vi. 

Lff N\L-C:l Muflln O(S I nwJS" 

.L. D. -+A r .s\u-•Auvd.uo 

n 

./ 

I REMARKS I IY COOli'Tl!rllf): 

L 

J,,Oif1tr 

sor.?'),.. 

r ENGINE MONITORING I OOTE: ENTE:R ON FIRST FLlOHreveRTii 

/,m.....l 7 A...l::'>rb A7<J J. EX 

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157 'ill/ '2 'fS/No., 

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APU CONDITION CHK 

2 • APU GEN. (ONJ + B/'IS BlEED OFF 

l,llpxTIO ___ d: {Cirel11 On11

rLT,. I PRESS ALT. GR06SWEIGHT RArrr.-.r tAs. "'"-CH TAKEOFFPV'IREACHLEG / Eno.Menltor __ tOnceldQrl 

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ro"""''" r'·"'. 

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------

EPR N1 EOT N2 FUEL FLOW OIL PRESS j OIL TEMP j 

._!_____ __ I I I .. I I_I_L__J __ j_ I I 

I 

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___ (On.:e/tby) 

ronctlldavJ 1 __ 1_ 

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VI·I!TE 

Exhibit 11 

CCIA Aircraft Technical Log Report Documenting 

Tire Change on Aircraft N287SC 
( 

-r/e f'JlL 

c if'{!~ -ro,u 

4/tb 1'1£~ 

2B1S~ capi_~l cargo :tnterna.tiOllal 

AIRC!!AF~ 

'J1si! lG So}..} 

,, II II 

" Ll ~~ n 

R.PT COD&t 1 . U 

PAGE NO.·: 1 

TAIL NO. : 287 

" 
( DATE: 09/21/201.2 ··: .Capital ... ~o .. :In.~ - AMIS-20-12 · 

=coo~H~~~ -TIME ~ 1.6 :. 1.1 u'~. LOGS REPorer NO; ACFT; N21i7SC - B727 ,._ •l20U TO . A'l'A"s 3200 TO•s299, DI':I'E SOR:r NO.i'. · . .. 

# I= M.E.L, NO •. ON¥ AND ~MI I~ ·,onnhrii :3240 >iEc i .• #4 BRAKE_ Q/D LEAKS leX BRAKE ' " ;;;<: ;~" CliG 

~it:i~ Q/D P/ICKINGS AS ;, ·. CK GOOD 

p~ .B7-z7e """ 

,;. '" "'" MEC ~f!!_ MAIN ·<>EAR INST REQtiiRED STE? •X (5) TERtr " . CliG , 'REF. 1IMM ·32"1l-OO 

AcdoMEL_ISimo STEP X (5) .. n,tim ·cOMPLETION RJ~ -Mr.G -REF-.AMM 3.2.-ti-·06. NORMAL ESTENSION/~p~ .;&. ··E:MER· EXTE:N'$!ION-.Q.KS 

NORMAr. 

n~t" hn-, n '''" ><sc .. SlittT .· .FoR 'RiH GEAR N ·C\?G 

SUPPL~TAL .LOG SBE'ETS FOR.'R MLG R&Ei CLOSED 

" 2 PAGES .7 .ITEMS -COMPLETED 

- "'" ..,;n ~ 

li Cv!; 

. 

I e~.t!~'0"'" 324b >lsc 

MEM 

i>O, >!LG ,~ ASM -~ING PIN 'DAMAGED B1t ~-l?Ci!J_ .. 'N 

.· 

.Ii&R·ff.-t:~~~--ASS'Y' IAW CCI A:GSM ·2.1.9 VOL '4 

·B(2> :M~<_· .• u-32 

~~~~~"" ,.,., MEC :720 fr3 llRl'i\E l\$sY NPT 

=.MCO -~ 

c ·f3 "BRAXE.ASSY PER AMM 

- _ _,_.._, ,.,>, .. ,NO DISC 'NOTED , ,QK' FO!l,•·CONTI . 

___ .. · =~ .. lio:r>;,,. ~~F~~ .WERE C!U!NGEIJ, BRAI<E 

~~~Lt~12o1o 32M MEC 720 #4 'BI!AKE ·ASSY _NOT ;N 

MCO 

. . &: us~ -#4 -~ As~Y -PER ~ 

t~~~ "~~- ~r:iJ~:.~~~~F~- . ONE BOLE 

o~/28/>'ni n '"'". IME_f' '72Q --- BB242"03. --------- ------- ,.~-· ....... iJe • )Sf;'>BA\i. 

... · . .• ~L.Wl'! · PEa .DOoR • otiE TO BRAKE ~ ,00, 

:RETURNEr~ ~WJ:N'G DOOR 'ON RT G2AR 'l'O NORMi!L 

·POSITION .PER 1tMM -.32":"41-3'.2. 

,, !:9io 13240 ""'~ ~-'1~~~~~0~ . :~=;~ D1JE ·ro e~ _REALIGNMENT PER N ·FLt, -.-

··INSTALLE!l' ti3 T!RE ASSY· PER AMM 32-<iS-Ol_. 'NO 

DISC NOTED·. 'OK FOR 'CONT SERVICE 

I""'" ""l'b 3240 ME:C. ·#4 TfRs ]W!dVEi:l- IJtrE To ·BRAKE REALIGNMENT PER N f'LL »1M ~2-;45-:oi · · -· - · 

i4 'l"'RE -ASSY PER AMM ·32-45-01, 

DlSC NOTE!l. dK FOR .CaNT SERVICE 

NO 

~~~m~o1~~ ~T No'B~ T~ !OORN:r TO LI>!l;TS N 

FLL 

'R'lr.~ LT ·NOSE ,'l'IRE PER .AMM.'32-45-ll, NO DISC 

~OO'BD. OK FOR .CQNT SERVICE 

~~~~~~~~~0 3240 . ME:C b~ »,.;~• .T!RE NORN TO LIM):TS II FLL 

_RTl;lOSE ·-ASSY PER -AMM 32-45-ll, NO 

c 
Exhibit 12 

Pictures of the Forward and Aft Hinge Assemblies 

on Aircraft N287SC 



Exhibit 13 

E-Mail Correspondence from CCIA VP of 

Maintenance to AMES Complementing AMES on 

its Work 
' {In Archive} Capital Cargo Aircraft N287SC 

Ran.dy Buol . 

to:· 

daniel.boggs@airbornemx.com 

, (}312212010 05:43PM ,., 

'•''Cc::·• · 

. · 'Brady.T~pleton@airbomemx.com", Charles Werking 

Hide Details 

From: Randy Buol <rbuol@capitalcargo.com> 

'·i ., : 

'To:_· "daniel.boggs@airbomemx.com" <daniel. boggs@airbomemx.com> 

Page 1 of 1 

'cc: "Brady. Templeton@airbomemx.com" <Brady. Templeton@airbomemx.com>, Charles 

': ~erking <cwerk:ing@capitalcargo.com> . ·.:'' .. ' . . . 

-;, :;; 

HiStory: This message has been forwarded. 

A!chive: This message is being viewed in an archive. "1::-l ' . 

I wanted to V.,rite a quick note to say thank you for an on-time, high quality delivery of our aircraft. 

After the testJijght our aircraft .is-now in Toledo and on schedule for its next revenue flight. 

Ple~se pass.pri ~your team my thanks for a job well done. 

Best regards,.' .. 

Randy Buol 1 ': .• 

VP Maintenance • 

Capital Cargo., 

. "• . 

. . ; "· 

.. 

' ·. o; 

·:. ":. 

_·,: ... ·· 

\; ;. : . :. ,.·. :-. :, . 

~ \' ; L .;·,-. ' - : -"- .' : ·-" 

,,_-.' 

Exhibit 14 

Picture of Right Hand Main Landing Gear Antiskid 

Conduit on Aircraft N287SC 


Exhibit 15 

Declarations of James Savastano, John Sullivan and 

W. Joseph Payne 
In the matter of 

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Docket No. FAA-2013-0291 

FAA Case No. 2011S0290032 

AIRBORN"E MA!l\JTENANCE AND 

ENG!NEERING SERVICES 

Respondent 

Administrative Law Judge 

J .E. Sullivan · · 

DECLARATION OF JAMES SAVASTANO 

I, James Savastano, hereby declare as follows: 

L I am currently the Vice President of Technical Operations for Airborne 

Maintenance and Engineering Services ("A.MES"). From April201lto June 2012, I held 

the position of Vice President of Maintenance at Capital Cargo International Airlines, 

Inc. (~CCIA"). 

2. On March 28, 2012, Steven Santangelo, then Director of Quality Control 

and Chief Inspector for CCL A.., and I attended a meeting at CCIA' s offices in Orlando, 

Florida "~th FAA Inspectors Frank Lipinski and Richard D' Arcy. During the March 28, 

20 12 meeting, Inspector Lipinski stated that be "views AMES as evil," that tomorrow the 

"war begins," that he will take "no prisoners," that the "shit is going to start" and 

questioned why AMES is still listed on CCIA's Ops Specs as an essential maintenance 

provider and suggested that his goal and desire is to have AMES's certificate suspended. 

3. On more than one occasion when I \Vas serving as Vice President of· 

Maintenance for CCIA, Inspector Lipinski told me that CCIA should use another Part 

145 Repair Station for CCIA's aircraft repair and maintenance services instead of using 
CCIA's affiliate, A.MES. Specifically, Inspector Lipinski told me on several occasions 

that CCIA should use Flightstar Aircraft Services, LLC in Jacksonv'.Jle, Florida for its 

aircraft repair and maintenance services instead of AMES. 

Declared under penalty of perjury this 24th day of Mar-ch 2014. 

2 
In the matter of 

BEFORE THE. 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Docket No. FAA-2013-0291 

FAA Ca.seNo. 2011S0290032 

AIRBORNE MAINTENANCE ANl) 

ENGINEERING SERVICES 

Respondent 

Administrative Law Judge 

J.E. Sullivan 

DECLARATION OF JOHN SULLIV A..~ 

I, John Sullivan, hereby declare as follows: 

1. I am currently the Director of Flight Standards and Training for Air 

Transport International, Inc ("ATI"). From January 2012 to August 2012, !held the 

position of Chief Pilot at Capital Cargo lnt=ational Airlines, Inc. ("CCIA"). 

2. On March 13, 2012, I attended a meeting atthe FAA offices in Orlando, 

Florida with FAA Inspectors Frank Lipinski, Richard D' Arcy, Roy Miller, Jeff Hipps, 

Jack Gasche and William Bonatti. During the Mach 13, 2012 meeting, Inspectors 

Lipinski and D' Arcy made statements suggesting that if CCIA removed AMES from its 

D-091 Operations Specification (essential maintenance provider list) that it wo,uld benefit 

CCIA in another potential enforcement action. 

Declared under penalty ofperjuryth.is 25th day ofMarch2014. 
In the n1atter of 

BEFORE THE 

U.S. DEPARTMENT OFTR.4NSPORTATION 

OFFICE OF HEARINGS 

YVASHINGTON, D.C. 

Docket No. FAA-2013-0291 

FAA. Case No. 2011S0290032 

AIRBORNE MAINTENA"lCE AND · 

ENGINEERING SERVICES 

Respondent 

Administrative Law Judge 

J.E. Sullivan 

DECLARATION OF W. JOSEPH PAYNE · 

1, W. JDseph Payne, hereby deoiare as follows: 

1. I an1. cuiTently the Senior Vice !>resident, Corporate General Counsel and 

Secreta.')• of Air 1\anSJlOf( Services Group ("A TSG"), ihe parent of Airborne Mainteriance and 

Engiileering Sen~ees ("A.MES") and. ABX Air, h1e, (''l'J3X Alr''). I have held this position 

since Februaty 2008 .. I am also culTently the Vice President, General Counsel & Secretary of· 

ABX Air, an FAA"certiticated Piui 121 air can:ier and an affiliate- of AMpS, and have held tbis -

position since January 2004. In addition, I am the Vice President, Secretary of AMES and have 

held thi.s position since it was first incorporated ID'Febn,1ary 2009; 

2. On March 30, 2012,,Iattended a meeting with Robert Talmadge, Manager of the 

· FAA's Sopth Florida Certificate Management Office in Orlando, Florida along with Demnt~ 

Manihusan, then President o!'Capltal Cargo L'lternatioo<!l Airlines, Inc. (;'CCIA"y. The meeting 

was requested by the ca1rier and its parent company, ATSG, to express our concerns that FAA 

Inspector Frank Lipinski had been an:d was continuing to abuse bis discretion and othenvise act 

in an inappropriate manner i:n overseeing the operations of CCIA. 
3. 'Ne explained to lvir. Talmadge that CClA had previously expressed its concems 

about Inspector Lipinski to his direct superior, Chm'les Beers. And that, upon seein.g no change 

in Inspector Lipinski's behavior, had reluctantly determined to bring this matter to his attention. 

4. During the course of the meeting, Dennis Manibusm1 and I provided Mr. 

Talmadge with of examples of intimidating, harassing, abusive and inappropriate behavior on the 

pmi of Mr. Lipinski. Among other matters; the discussion· included a meeting that Inspector 

Lipii1Ski attended with CCIA peTsonne! on MarCh J3., 2012, duriilg which he indicated his 

intention to pursue legal action againstAM:ES and CCLA., but that.the action against CCIA would 

be mitigated if the carrier remo\'ed Al\1ES from its list of essential maintenance pro:viders. We 

also discussed with Mr. Talmadge a meetin~ that Inspector Lipinski attended witll CCIA 

personnel on March 28, 20! 2, dudrig which he1nade se\•eral inappi·opriate comments to CCIA 

personnel concerning AMES,. inclu<ling thath~; will seek to. have i'ts F£4-issned repair station 

certificate suspet1Eled, and questioned why ;\MES was still on CCLA's essential maintenarite. 

provider list_ We also expla:Lr,ed that Inspector Lipinski's cmtnnents made at the ll1arch 28, 2012 

.. meeting, inch1ded that he ''views AMES as evil'', he intends to start a "waf" \Vith AMES, will 

take "no prisoners", and that "the shit is going to start" 

5. We explained t<J Mr. Talmadge that Al\1ES,including its management, personnel 

and f<~Cilities, primaril;r consisted of the former Aircraft Maintenance Department for ABX Ait, 

an F~i\ -certificated Part 121 air canier wliich has. bee!l in business, sh1ce 1980, and that, in our 

view, b~th ABX Air am:! Al\1ES enjoyed a reptltation for the qualify of their maintenanc~ 

operations. \'Ve expressed to lvfr. Talinadge om' belief that the FAA personnel who oversee 

Al'V!ES' operations did not share Inspector Lipinski's purpmted concerns. r~arding AMES' 

operations m1d enccmragedhim to communicate with such FAA personnel in this regard, 

2 
6. We explained that ATSG encouraged its tlu·ee mr carriers, ABX Air, A.ir 

Transport International and CCIA tD contract with AMES for the perfmmance of aircraft 

maimenance services for business reasons, where possible, but that Inspector Lipinski seemed 

insistent that CCIA cease its business relationship with AMES and renew its busi11ess 

relationship with its former aircraft maintenance provider, Flightstar, whom CCL-\ had been 

doing business with for a number of years. 

Declared under penalty of perjury this 2.5th day oflvfarch 2014. 

3 

Exhibit 16 

Transcript Pages from Deposition of Richard 

D' Arcy taken Oct. 28, 2014 
In The Matter Of: 

Airborne Maitenance and Engineering Services 

Richard D'Arcy 

October 28, 2014 

Legal Realtime Reporting 

622 East Central Boulevard 

Orlando, Florida 32801 

Phone: 407.440.3822 

Fax: 407.895.4483 

Original File 102814_DARCY.TXT 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the matter of Docket No. FAA-2013-0291 

FAA Case No. 2011S0290032 

AIRBORNE MAINTENANCE AND 

ENGINEERING SERVICES, 

Respondent. Administrative Law Judge 

J.E. Sullivan 

__________________________ / 

DEPOSITION OF: 

TAKEN BY: 

DATE: 

TIME: 

LOCATION: 

REPORTED BY: 

RICHARD D'ARCY 

THE RESPONDENT 

TUESDAY, OCTOBER 28, 2014 

9:08A.M. - 11:15 A.M. 

215 NORTH EOLA DRIVE 

ORLANDO, FLORIDA 32801 

LISA SHUMAN, FPR, RPR 

COURT REPORTER AND 

NOTARY PUBLIC 

Legal Realtime Reporting 

1 
-·-~--

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

Richard D'Arcy 

when Mrs. Lipinski went into the hospital. She 

was already in the hospital with an underlying 

condition, which would not have prevented 

Inspector Lipinski from testifying. Frankly, if 

my wife was in the hospital, it probably would 

have just been -- I couldn't do it, regardless. 

But there were then complications in that 

situation. As is usual with medical situations, 

complications is bad. 

yesterday. 

So that is what came up 

Regardless, with respect to this 

deposition, you have asked a question, I've 

instructed the witness not to answer and you may 

choose how to proceed. 

MR. SILVERBERG: Can we have the question 

read back? 

(The requested portion was read by the 

court reporter.) 

MR. STEVENSON: Are you proffering that 

20 question again? 

21 BY MR. SILVERBERG: 

22 Q. Do you recall -- you had indicated that --

76 

23 Mr. D'Arcy, that you were in a meeting with Mr. Lipinski 

24 when he made reference to the fact that AMES was evil; 

25 do you recall that? 

Legal Realtime Reporting 
-·---

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

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Richard D'Arcy 77 

A. Yes. 

Q. Okay. Do you recall who was in that 

meeting with you at that time? 

A. Gentleman's last name was Savastano, if I 

recall. And I think Santangelo -- I think those were 

the two guys. 

Q. Okay. 

A. I think there was a director of maintenance 

and a director of quality. 

remember Savastano's title. 

Or vice president. I don't 

Vice president or director. 

Q. Of maintenance. 

A. Yes. 

Q. Okay. And was -- and it was Mr. Lipinski's 

statement to Mr. Savastano that AMES is evil? 

A. I don't recall if it was to Savastano or 

the other guy. It was a general discussion. 

Q. Okay. Across a table of some sort? I 

mean, you're in a conference room or somebody's office? 

A. It was -- it was after the cast meeting 

CAS is Continuing Analysis and Surveillance, kind of 

like a reliability meeting -- and then we were discussed 

-- they were discussing vendor issues. 

usually part of a CAS. 

And that's 

And then after the meeting adjourned, 

Mr. Lipinski was discussing the issue with -- with the 

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-- I believe those two from management, Savastano and 

Santangelo. 

Q. And you heard Mr. Lipinski during that 

subsequent discussion after the CAS meeting? 

A. Yes. 

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Q. Okay. Did you also hear him make any other 

comments with regard to AMES, such as war begins? Did 

he use the word war? 

A. I got up and left the room after the word 

evil. 

Q. And you absent yourself for the reason you 

stated, you you deal in objective facts, not in 

speculation? 

A. I said my peace and I left the room. 

Q. Okay. What did you say when you said your 

peace? 

A. I said, I don't think the word evil is 

appropriate in this matter. Or something to that 

respect. I can't -- I don't recall exact details of 

what I said, but I made it clear that I didn't think the 

word evil was appropriate and I left the room. 

Q. And did you wait for Mr. Lipinski before 

you -- were you at the Capital facility or --

A. Yeah. We were in Capital Cargo's I 

don't know if they call it a boardroom. It was a big 

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