05/17/2015 08:54 4252271007 

ROBERT SPJ.TZER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 T~!NOAVE., SW 

RENTON, W ASHJNGTON 98057 

TELEPHONE: (425) 227-1417 

FACSIMI.LE: (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Select Aviation Services, Inc. Docket No. FAA 2014-1119 

Judge .J.E. Sullivan 

Renewed Motion for Decision 

In accordan.ce with 14 Code ofFederal Regulations (C.P.R.)§ 13.218(£)(5) 

(Rule 13.218(£)(5)), the Complainant renews this Motion for Decision. There are no genuine 

issues of material fact, as Respondent has failed to answer the Complaint. The Complainant 

is entitled to a decision as a matter oflaw. 

PAGE 02/14 

On January 13, 20) 5, Respondent requested a heating in response to the Complainant's Final 

Notice of Proposed Civil Penalty. On January 22, 2015, Complainant served the Complaint 

on Respondent and Respondent's counsel by regular and certified mail; the certified mail was 

received by Respondent's counsel on January 26, 2015, and by the Respondent on January 

30, 2015. (See exhibit I, Complaint with certificate of service, and return receipts). 

Argument 

"The administrative law judge shall grant a party's motion for decision if the pleadings, 

depositions, answers to interrogatories, admissions, matters that th.e administrative la.w judge 

has officia.lly noticed ... show that there is no genuine issue of material fact and that the party 

making tl1e motion is entitled to a decision as a matter of law. The party making the motion 

... has the burden of showing that there is no genuine issu.e of material fact disputed by the 

parties." 14 C.F.R. § 13.218(£)(5). 

A respondent must file an answer vvithin "30 days after service of the complaint." 14 C.F.R. 

§ J3.209(a). For service by mail, the date of service is the date of mailing as shown on the 
05/17/2015 08:54 4252271007 ANM7 

certificate of service; au. additional "5 days shall be added" to the time to respond, 14 CF.R. 

§§ 13.211(d) and (e}. Even allowing for the later date of service on the complainant as 

opposed to his counsel, the Complaint in this case was served by mail on January 30, 2015. 

Thus, to be timely, the answer must have been filed by March l, 2015. A "failure to fi.le an 

answer without good cause shall be deemed an admission of the trUth of each allegation 

contained in the complaint." 14 C.F.R. § 13.209(£); In the Maller of Larry s Flying Service. 

Inc., FAA Order No. 98-4,1998 WL 158381 (March 10, 1998). Law judges do not have 

authority to e"tend the deadline for filing an answer absent a showing of good cause. Larry s 

Flying Service (citing In the Matter of Robinson, FAA Order No. 97-18 at 5, 

1997 WL 307266 (May 23, 1997); In the Matter Q( Atlantic Worltf Airways, FAA Order 

No. 95-28 at 3, 1995 WL 853 922 (December 1 9, 1995). Failure to file an answer waives any 

and all defenses, including financial hardship. Larry s Flying Service at 4. 

PAGE 03/14 

The Complaint in this case was served by facsimile and mail on January 30,2015. Thus, to be 

timely, the answer must have been filed by Marc.IJ l, 2015. Having failed to file an answer, 

Respondem has admitted the truth of each and every allegation in the Complaint, and waived 

all affirmative defenses, including those addressed to sanction. There is no genuine issue of 

material fact remaining to be litigated, and Complainant is entitled to a decision as a matter 

of law. 

Conclusion 

For the reasons stated above, the FAA respectfully requests that this court grant this Renewed 

Motion for Decision. There are 110 genuine issues of material fact to be litigated. 

Respectfully submitted this 17'h day of.Tune, 2015. 

Robert Spitzer 

FAA Attorney 

Renewed MQl:ion for Dccisioo 

FAA v. Select Aviation Services, In~:. 

DOT DMS NO FAA-2014·1119 

Page 2 oD 

Ro~~RT SPI!ZI::R1 FAAAnoRNF.:Y 

TELo (425) 227·1417: FAX: (425) 227-1007 
05/17/2015 08:54 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Renewed Motion for Decision has been served via 

facsimile and First Class certified mail - Return Receipt Requested this date, to the following: 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. (Ell-31 0) 

Washington , D.C. 20590 

Fax: (202) 366-7536 

Fred Hodgdon 

Select A vi.ation Services, Inc. 

P.O. Box430 

Corvallis, MT 59828 

Fax: (406) 961-4101 

Federal Aviation Administmtion 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

Fax: (202) 267-1293 

, .... -·-

Dated this--I. 71

. • h day of Jw1e 20 I 5 . 

T r:i Kirk 

Office of Regional Counsel (ANM-7) 

Federal Aviation Adtni.n.istration 1.601 Lind Ave. SW 

Renton, W A 98057 

( 425) 227-2007 

PAGE 04/14 

Renewed Motion for Declslon 

FAA v, Sd~ct Aviation Servic~s. Inc. 

DOT DMS NO FAA-2014·1119 

Page 3 of3 

RoBF.RT smz~Jt, F AAAnDR!-IEY 

TEL (42~) 227-1417: FAX: (425) 227-1007 
05/17/2015 08:54 4252271007 

ROBERT SPITZER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

!E:LEPHONE: (425) 22?.1417 

FACSJNJLE: (425) 227·1007 

ANM7 PAGE 05/14 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARJNGS 

WASHINGTON, D.C. 

In .the :M:atter of: 

Select Aviation Services, Inc. 

JUDGE NOT ASSIGNED: 

FAA Case No. 2013NM130007 

Judge.Not Assigned 

COMPLAINT 

The Federal Aviation Admi.ni.stration (JJAA), by counse~ hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 Code ofFederal Regulations (C.F.R) Section 

13.208), and States as follows: 

I. 

On December 31, ·2014, Select Aviation Services, Inc. (Select) was advised through a 

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

amount of $18,425. On January 13, 2015, Select, through its legal couns~ submitted a written 

request for a bearing. 

Il 

1. Select is now, an.d at all times mentioned herein was, the bolder of Repair Station 

Certificate No. 5SSR572B. 

COMl'l..AJl.<"T 

FAA v. Select Aviation Services, Inc. 

FAACMeNo. 2013NM!30007 

Page :l of7 

RORERTS!'~'IZE;R,FAAAITORNEY 

TEL: (415) 227·1417; FAX: (425) 2Z7-1007 
05/17/2015 08:54 4252271007 ANM7 PAGE 05/14 

2. At all times relevant herein, Select's Operations Specifications permitted Select to 

mailltain and repair aircraft engines. 

3. At all times relevant herein, Select's Repair Station Manual, required that Select · 

carry out all maintenance/repair operations according to the procedures detailed in 

the applicable manufacturer or military manuaL 

4. On or about October 23, 2012, Select Aviation pmormed maintenance on a Bell 

UIHU helicopter, identification number N676TH (the aircraft). 

5. Speci:lically, Select overhauled the aircraft's engine, a Lycoming/Honeywell 

T53-L-703, serial number, LE-10901Z. 

6. During the course of this overhaul, Select installed a combustion deflector, serial 

number SA-0141-15 on the ep.gine. 

7. At all times relevant herein, the U.S. Military Depot Maintenance Work 

Requirements (DMWR) l-2840-113-2, was the military maintenance manual 

wbich listed repair and maintenance procedures for the Lycollling!Honeywell 

T53-1-703 engine. 

8. At all times relevant herein, military manual DMWR 1-2840-113-2, permitted 

repairing cracks around the deflector at the spot-weld area with welding, provided 

the cracks did not exceed 3 00 degrees. 

9. Select aviation completed an overhaul on the engine and returned the engine to· 

service on or about October 23, 2012. 

10. At the time of the above-described overhaul and return to service, the engine's 

combustion chamber deflector assembly contained a crack which exceeded 3 00 

degrees around the spot-weld area repaired with welding. 

11. By reason of the above, Select aviation performed maintenance, an alteration, or 

preventative maintenance on an engine, without using the methods, techniques, or 

practices acceptable to the Administrator. 

12. By reason of the above, Select aviation performed maintena.1.ce, preventative 

maintenance, or an alteration when it did not do that work in such a manner or use 

materials of such a quality tllat the condition of the aircraft engine was at least 

equal to its original or properly altered condition. 

COMPLAiNT 

F M v. Select A via !ion Services, me. 

PM Case No. 2013NM!30007 

' Page 3 of7 

RomlltT Snr=,FAAAnalU<OY 

1'EL: (425) 227-1417; FAX (4~5) 227·1007 
05/17/2015 08:54 4252271007 ANM7 PAGE 07/14 

13, By reason of the above, Select approved for return to service an article when 

maintenance, preveJ.>tative maintenance, or an alteration was not performed in 

accordance with the applicable approved technical data or data acceptable to the 

FAA 

14, By reason of the above, Select failed to follow their repair station manual 

m 

1. By reason of the foregoing facts and circumstances, Select violated the following sections 

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

a. Section 43.13(a), in that Select performed maintenance, preventive rrurintenance, 

or an alteration on an engine without using the methods, techniques or practices 

accept.ilile to the Administrator. 

b: Section 43.13(b), in that Select performed maintenance, preventive maintenance, 

or alterations without performing the work in such a manner using materials of 

such a quality that the condition of the alrcra£1: engine was at least equal to its 

original or properly altered condition. 

c. Section 145.201(c)(1), in that Select approved the aircraft for return to service 

following a major repair or major alteration when the major repair or major 

alteration was not performed in accordance with applicable approved technical 

data. 

d. Section 145.207(a), in that Select fail.ed to follow its repair station manual, by 

approving the engine for return to service, when the combustion chamber deflector 

assembly contained a crack repaired with welding beyond military manual limits. 

2. In accordance with Section 4630l(a) Select is liable for a civil penalty not to exceed 

$11,000 for each of the violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of $18,425 is appropriate. 

COMPI.AJNI 

FAA v. Select Aviation Service~ Inc. 

FAA Case No. 2013NMJ30007 

Page4of7 

ROBERT Sm=, F AAAn'oR>ffiy 

'JJlL: (425) 227-1417; FAX: (425) 227-1007 
05/17/2015 08:54 4252271007 ANM7 PAGE 08/14 

WHEREJ:10RE, the Agency, by counse~ respectfully requests that the Adtni.ni.strative Law 

Judge enter an order that Select be assessed a civil penalty in the amount of$18,425. 

Respectfully submitted this zzn4 day of January 2015. 

Robert Spitzer 

FAA Attorney 

COlv.IX'LAlNJ 

FAA v. Select A viati011 s.mces, Inc. 

FAA Cose No. Z013NM130007 

Page 5 of7 

ROl3tt; Sl'!!ZER. f M AITOF.NE:1 

T&t: (425) 227"1417; FAX: (425) 227-1007 
05/17/2015 08:54 4252271007 ANM7 PAGE 09/14 

ANSWER 

In accordance with Sectionl3.209 of the Federal Aviation Regulations, Select, must aJJ.SWer this 

Complain± not later than thirty (30) days from the titne it is served on it. Failure to file an Answer 

"Within thirty (30) days without good cause shall be deemed an admission of the truth of each 

allegation contained in the Complaint [14.C.F.R. § 13.209(f)]. 

COMPJ..I..Nl' 

FAA v. Se!eotAvjation Sorvioes, ll!c. 

FAA Caoe No. 2013NM!30007 

Pege 6 of7 

RDB<R! SPrrzm, F AA-A-UO!m.SY 

TEL: (425) 227-1417; !'AX (425) 227-!007 
05/17/2015 08:54 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complaint ha~ been served via facsinille and certified mailReturn Receipt Requested this date, to the following: 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-43 0 

Wilbur Wright Buil.ding- Suite 2Wl 000 

Fax: (202) 267-1293 

David M. Schoeggl 

Attorney at Law 

P .0. Box 91302 

Seattle, WA 98111-9402 

Fax: (206) 223-7107 

Fred Hodgdon 

Select Aviation Services, Inc. 

P.O.Box430 

Corvallis, MT 59828 

Fax: (406) 961-4101 

nd day of January 2015 . 

. Tern Kirk 

Office of Regional. Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

( 425) 227-2007 

PAGE 10/14 

COMPLAINT 

FAA ~. Select A 'l'iation Servioes, Inc. 

FAA Case No. Z013NMI3DOD7 

Page 7 of7 

RO!lZF.TSPITZER., FAA~r 

TEL: (425) 227-1417; FAX: (425) 22-7-1007 
05/17/2015 08:54 4252271007 

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or POBox/ 

David M. Schoeggl 

Attorney at Law 

P.O. Box 91302 

Seattle, WA 98111-9402 

"'"' 

PAGE 11/14 

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CERTIFIED MAILM RECEIPT 

(l:lomeslic Mail Only; No lnsuran"" Cov..rag<> Provided) 

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SelectAviationServices, Inc . c ·fii 

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" , ................. .. P.O. Box 430 

Corvallis, MT 59828 "CitY, 

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""':ashington, D.C. 20591 · 
05/17/2015 08:54 4252271007 ANM7 PAGE 12/14 

USPS Tracking TM 

Have questions? We're here to help. 

Sign up for My USPS.ccwn. 

Trocl<..il'l~ NtUI"iber~ 701 .32250000~0~027720 

delivered 

Product & Tracking Information 

Postal Pro<luct: 

Fe~tures: 

DATE &TIME STATUS OF ITEM LOCATION 

January 30, 2015. 9:04 ~m i_',.• .. CORVALLIS, MT 59828 

Your item was del1vered at 9:04am on Jam1ary :)0, 2015 in CORVALLIS. MT 09828 

January 29.2015, 11:11 am Available for Pickup CORVALLIS. MT 59626 

January 26, 2015, 11:28 pm Departed USPS Facility MISSOUI.A. MT 59801 

January 28. 2015 , 4:05pm Arnved at USPS Facility MISSOULA, MT 59801 

January27,2D15, \1:09am Departed USPS Facili!y BILLINGS. MT 59101 

January 27. 2015 . 5:14am Arrived at USPS Facility BILLINGS. MT 59101 

January 23, 2015 10:26 pm DepaMd USPS Facility SEATTLE, WA 98168 

.lanuary 23. 2015 , 9:46pm Arrived at USPS Facility SEATTLE, WA 95168 

Available Actions 
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Tr<:~~:king Number: 70132250000202027713 

delivered 

• Updated Delivery Qgy: Mond~y. J<:~nu::~ry ::26, 20·15 

Product & Tracking Information 

Postal Product: 

Features: 

DATE&TIME STATUS OF ITEM LOCATION 

January 26: 2015. 9'1/. am S~ATTI.c. INA 98111 

Your item was delivered r.~t 9:12am on January 26,2015 in SEA TTl .. E. WA 98111 

,January 26. 2015, 7 23 am Available for Pickup S~A'TTLE. INA 96111 

January 26. ~015, 7 23 am Arrived at Un1t SEATTLE, INA 98101 

,January 26, 2015, 1:17am Departed USPS Facility SEATTLE. INA 98168 

January 23. 2015 . 9~46 pm Arrived ~t USPS Facility SEA TTl. E. INA 98'168 
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Postal Product: 

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;·~ Certified M!!il''' 

DATE: & TIME STATUS OF ITEM 

January27.2015, 11:49am 

ANM7 

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Your item was delivered at 11:49 am on January 27, 2015 in WP.,SHINGTON, DC 20591. 

~lanuary 27. 2015. 8:49am Arrived at Unit WASHINGTON, DC 20018 

January 24-. 2015. 7"15 am Depa1ied USPS Facility SEA TILE. WA 98168 

January 23,2015, 948 pm Arrived at USPS Facilily SEA TILE, WA 98168 

PAGE 14/14 
05/17/2015 08:54 4252271007 ANM7 

FACSIMILE MESSAGE 

FEDERAL AVTATTON ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM"7 

1601 LIND AVENUE S.W. 

RENTON, W ASHJNGTON 98057 

PAGE 01/14 

The infonnation contained in this facsimile message is legally privileged and confidenti<J.l 

information and is intended only for the use of the individual named on this cover sheet. 

If the reader of this message is not the intended recipient, you are hereby notified that any 

use, dissemination. distribution, or copy of thi.s facsimile is strictly prohibited, If you 

have received this facsimile in error, please immediately notify us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

RE: 

June 17,2015 

Docket Clerk AGC-430 

202-267-1293 

Select Aviation FAA2014-1119 

Renewed Motion for Decision 

NO. PAGES: 

FROM: 

FAX NO.: 

PHONE NO.: 

l4 including cover 

Robert Spitzer 

425-227-1007 

425-227-1417