09/28/2012 08:05 4252271007 ANM7



### FACSIMILE MESSAGE FEDERAL AVJATIONADMINJSTRATION OFFICE OF REGIONAL COUNSEL ANM-7 1601 LlND AVENUE S.W. RENTON, WASHINGTON 98057 PAGE 01/09

The information contained in this facsimile message is legally privileged and confidential information and is intended only for the use ofthe individual named on this cover sheet. Ifthe reader ofthis message is not the intended recipient, you. are hereby notified that any use, dissemination, distribution, or copy o:fthis facsimile is strictly prohibited. Ifyou have received this facsimile in error, please immediately notify us by telephone at 

### 425-227-2007. 

### DATE: TO: 

### FAX 

## NO.: PHONE NO.: RE: 

### September 28,2012 Docket Clerk AGC-430 

## 202-493-5142 Leading Edge Aviation 

### DMS No.: FAA-2012- 0783 

### FAA Case No. 20l1NM070089 

## Amended Complaint. NO. PAGES: 

## 9 

## including cover FROM: .T

## effrey Harper FAX

## NO.: 425-227-1007 PHONE NO.: 425-227-2007 EMAlL: JEFFREY.HARPER@FAA.GOV09/28/2012 08:05



### U.S. Department Of

### Transportation 4252271007 ANM7



### 1601 Lind Avenue S,W. Renton, Washington 98057 

### Tel: (425) 227-2161 PAGE 02/09**Fcde~:al** 

### Aviation**Administ~:ation** 

### Office ofRegional Counsel NorthwestMountain R•.#on Colorado, Idaho, Montana, Oregon, Utah, \Vashington, Wyoming 

### Fax: (425) 227-1007 JEFFREY.HARPER@FAA.GOV September28, 2012 

### VIA FACSIMILE AND CERTIFIED }JAIL" .RETURN RECEIPT REQUESTED The Honorable Richard C. Goodwin Office of

### Hearings, M-20 l200NewJersey Avenue, S.E. (El1-310) Washington, 

### D.C. 20590 

### Re: In the MatterofLeadingEdge Aviatian. Inc., FAA Case No. 2.011NM070089 

### DearJudge Goodwin: Endosedis the Amended Complaint in the above matter. T11e Amended Complaintrevises the complaint 

### as follows: a. Section

### TI, Paragraph 

### 17 is amended to substitute the words "July 

### 7, 2011" for the words "July 

### 7, 2010. b. Section 

### IT is amended to add the paragraph 

### "18. Each ofthe discrepancies 

### listed in Paragraph 16 existed on

### N5758H when Leading Edge Aircraft ro::turned

### N5758H to service on February 17, 2011." In all 

### other respects, the Amended Complaint is consistent with the Complaint filed on July 25, 

### 2012. Sincerely,

# !!:!-~ FAAAttomey JMH/ds

---- ----------- ····----------------

---**-----------En~1esures:-Amended-Gomplaint**09/28/2012 08:05 4252271007

JEFFREY HARPER .FAA OFF!C.E OJ" REGIONAL COUNS.EL 1601L!NDAVE.,SW RENTON, WASHINGTON 98057 TELEPHONE: (425) 227-2161 FACSlMlLE: (425)227-1007 ANM7



### ............... ·····················------ .................. .............................DNITEDSTATESOFAMERICA

In

### the Matter of: 

### DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. FAA Case No. 20l1NM070089 DMS No.: FAA-2012·0783 L<Olading Edge Aviation .• Inc. Honorable Richard C. Goodwin Judge Goodwin: 

### AMENDED COMl'l..AlNT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice 

### (l4 Code ofFederal Regulations (C.P.R.) Section 13.208), aud states as follows: 

### I. On June 27,2012, Leading Edge Aviation, Inc. (Leading Edge), was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in 

### the am.ount of$33,000. On July 12, 2012, Leading Edge, through IegaJ counsel, submitted a written request for a hearing. II. 

### I. Leading Edge is now and was at 

### all times material hereto 

### the holder ofAir Agency CertificateNo. L9QR350Y, and conducts 

### its operations pursuant 

### to Part 

### 145 ofthe Federal Aviation Regulations. 

### 2. Leading Edge holds a Limited 

### Airli:ame rating. 

### 3. Leading Edge has a combined Repair Station & Quality Manual. PAGE 03/09

----- --- ------- -- -- ------ ----- ---- ----- ----if.-:---Leadi.i)g.Edge-is.only'al.iihorlzedio-pcrform work on airframes listed on its Capability_ ____ _ ·· List. ··09/28/2012 08:05 4252271007 ANM7 PAGE 04/09

5. On February 17,2011, Be11206L-1 aircraft were not listed onLeading Edge's Capability List. 6. Paragraph 8.11 ofLeading Edge's Repair Statio!J. & Quality MaDual states "Annual inspections will be performed in accordance with the ma!Jufacturer's recommendations aDd will not be less thanrequi.red by 14 Code ofFederal



### -- -**---------------------Regulations-(C~F~R~)-Part** 

### 4l;-"--- ---------------- ---------------- 7. Paragraph 8.12 ofLeading Edge's Repair Station & Quality Manual states "Before the repair station generates anapproval for return to service, an appropriately qualified person... shall perform a final inspection...The final inspection will include an audit ofthe article and the Shop Order to determine whether... Any discrepancies in work and/or records are appropriately disposl.tioned. 8. Civil aircraft N5758H, a Bell206L-1, is maintained in accordance with an inspection program recommendedby the manufacturer. 9. The maDufacturer's inspection program requires a 1 00 hour inspection to "be accomplished each 100 hours offlight time and each 12 calendar months." 10. On or about February 17, 2011, Leading Edge performed a 100 hour airframe and 150 hourengine inspection onN5758H in accordance with the manufacturer's recommended inspection program. 11. The manufacturer's 100 hour inspection requires the following actions: a. "Inspect forward cowling for condition and attachment... b. " ...Inspect all control tubes, links, rod end bearings, bellcranks, supports, and attaching bolts for corrosion, wear, or mechanical damage, and for security of attachment... c. " ...Inspecttransmission. mounts for obvious damage, bushings for wear, and for security ofattachment. Inspect pyIon support assembly to ensure that all bolts are installed in the correct location. Check torque on head ofbolts only (bolt must not rotate). Ifa bolt is loose, remove nut. Install newnut and torque 75 to 

### 95 inch-pounds... d. " ...Inspect main driveshaft as follows: ... a. For 206Ll and 206L1 Engine

___________ U]2grade**helico]lli'I~.** insQ_ect for vLs_ual_damage_and_couplings-for-gJ;ease

___________ jeakl"lge. CbJ:_ck_&iveshaftfor_freedor11-and-smoothness-of-axial-movem.e!lt------

lnspect bolts for security... Amended Complaint FAA v. Leading Edge, Inc. FAA Ca_.e No. 20IINM070089 Page 2 of? Jlm'REY M. HARl')lR, FAA ATTORNEY TEL: 4Z5.227.1417; FAX: 425.227.100709/28/2012 08:05 4252271007 ANM7

e. ".. .Inspect firewall for cracks, distortion, andmissing rivets and hardware... f. "...Check aft fuselage structure for condition, damage, cracks and working rivets... Open access door in overhead baggage compartment... g. 

### "...CAUTION- ANY CRACK, CORROSION, OR LOOSE OR SHEARED RlVETl-S--CAUSEFORTMJ:v1EDIATEGRGUNDINGOF'fHE HELICOPTER UNTIL THE PROBLEM IS CORRECTED ... Open access door onthe right side ofaft fuselage and inspect the four tailboom attachment fittings on fuselage aft bulkhead and tailboom forward bulkhead for cracks. Give special attention to the ta.ilboom attachment fittings and bolts, and to fasteners between the intercostal. Particular attention must be given to inspection ofthe upper left fitting... h. ".,.Inspectelevators and auxiliary fins for conditions and security of attachment... PAGE 05/09

1. " ..•Check segmeuted driveshafts and Thomas couplings for condition and security. Torque check Thomas couplingretention bolts/nuts and apply torque seal... j. " ...Startthe helicopter and conduct ground run at 100% NR to ensure all systems are operational and parameters are within Flight Manual Limitations." 12. Leading Edge returned N5758H to service on February 17, 2011, certizying that N5758H had been inspected in accordance with a 100 hour inspection, and referred to work order SV-10-3988 

### for additional details. )3. Work order SV-l0-3988lists as a discrepancy "A/C leak,'' 

### 1.4. Work order SV-10-3988lists the corrective action for the 

### A/C leak

### as "Unable to service due to ambient air temperature. 15. N5758H was subsequently operated for 38.3 hours. 

### 16. OnJuly 7, 2011, the following discrepancies were noted in the logbook for N5758H: 

### a. "...Left cowl access pauella.tch does not engage to the airfram.e plate retainer. Plate retainer has worn through,,.



### __________b, __**«_._._,B_Q[LQn_Rll:Lc_y_clic_controLtuhc_a.Utansmission.belLcrankimp~ope~l:y-------­** installed..." and " ...Cotterpin on Tail rotor control tube to bellcrank Amended Complaint FAA v. Lending Edge, Inc. FAA Case N<J. Z011NM070089 Page 3 of7 JEJ'IR.EYM. IL\RPBR,FAAArrDRNEY TEL:**42~.n7.1417;** FAX: 425.227..\00709/28/2012 08:05



### c. 4252271007 ANM7 hydraulic support area cabin roofpanel, installed with head down and not bent over for retention... "...fucorrectly installed transmission restraint, (206-033-506). 

### Bolt (NAS6606H60) 

### is a drilled bolt that used a locking nut (MS21 042L6) and a cotterpin (MS24665-73). Too many washers were installed under the nut. PAGE 05/09

···· ··-··----·- Thecotterpointhold ofthe·boltisundertheself.lockingnut. ·Suggestthe·bolt is scrapped for possible elongation in the area ofa drilled hole... 

### d. "...Main Drive Shaft found previous installation using incorrect hardware buildup, washe!'S found under head ofthe bolts and shouldbeunder each nut... e. "...Engine forward firewall has cracks in the pocket, providing clearance to the bleed valve, and broken spot welds between the pocket and the firewall resulting in diminished fire protection between the engine and the transmission compartments... f. " ...Tailboom/fuselage access panel installed with incorrect hardware, many screws were too long and bottoming on nutplates... g. "...Tailboom inspected, the attachment fittings have a number ofworking rivets in upper RH, lower LH and lower 

### R.H fittings... h. "...Lf.H ve.rtical fin damaged, bent inward at the top believed from the rollover onto left side, Aug 2000... 

### i. " ...Tail Rotor Drive Shaft, two bolts too short (no exposed Threads) at air condition compressor drive pulley. J. " ...Customerreports low rotor .rpm and engine out audible warnings are 

### crossed..." 17. N5758Hwas not returned to service onJuly 7, 2011, as the above discrepauci.es rendered itunairworthy. 18. Each oftb.e discrepancies listed in Paragraph 16 existed onN5758H when Leading Edge AircraftreturnedN5758H to service onFebruary 17, 201).

Amended Complaint FAA v. f.eading Edge. Inc. FAA Caso No. 2011NM070089 Pagc4 o£7 ···-·-·--·---- --------

--- ·-----·-----··--·--·---------·-·
JEI'F!toYM. HARPER. PAAATTDRNEY TEL: 425.227.1417; FAX; 425.227.100709/28/2012 08:05 4252271007 ANM7

III. 

### J. By reason ofthe foregoing facts and circumstances, Leading Edge violated the following sections ofthe Federal Aviation Regulations (14 C.F.R): PAGE 07/09

a. Section 43.l3(a), in that itperformed maintenance on an aircraft, engine, propeller

........ ·-· ---------orappliance.with.outusin.gthemethods,-techniques,and-practicesprescribedin the current manufacturer's maintenance manual or Instructi.ons for Continued Ai.rwortb.iness prepared by its manufacturer. b. Section43.13(b), in that itperformed maintenance on an aircraft, and failed 

### to perform the maintenance in a manner such tl1at the condition ofthe aircraft was at least equal to its original or properly altered condition. c. Section 43.15(a)(1), in that it performed an inspection required under Part 91 and failed to perform it so as to determine whether the aircraft, or portionthereof under inspection, met all applicable airworthiness requirements. d. Section l45.201(o)(1), inthat it approved for return to service an article when the maintenance, preventive maintenance, or alteration was notperformed in accordance with the applicable approved technical data or data acceptable to the Federal Aviation Admh:dstration (FAA). e. Section l45.207(a), in that i.t failed to follow its approved repair station manual. 

### f. Section l45.2ll(b), in

### tl1at it failed to follow its quality control system when performing maintenance, preventive maintenance, or alterations under its repair station certificate. g. Section 145.215(a), in that it, as a certificated repair stationwith a limited rating, performed maintenance, preventive maintenance, oralterations on an article which was not listed on its current capability list or its operations specifications. 2. In accordance with Sections 46301(a) and (d) ofTitle 49 ofthe United States Code (U.S.C.) (Transportation) [49 U.S.C. Sections 4630l(a) and (d)], Leading Edgeis liable for a civilpenalty not to exceed $27,500 for each ofth.e violations noted. 3. Under the facts and circumstances ofthis case, a civil penal.ty of$33,000 is appropriate.

Amended Complaint FAA v. Leading ,Edge. !no. FAA Case No. 201\NM070089 Page 5 of7 JEF!'RBYM.**~.** FAAA'ITORNEY TEL: 425.227.1417: FAX; 425.227.100709/28/2012 08:06 4252271007 ANM7 PAGE 08/09

WHEREFORE, the Agen.cy, by counsel, respectfully requests th.at the Administrative Law Judge enter an order that :Leading Edge be assessed a civil penalty in the amount of$33,000. Respectfully submittedthis 28th day ofSeptember, 2012.

Amended Complaint FAA v.Leading Edge, Inc. FAA Case No. 2011NM070089 Page 6 of? .TEFI'R:EY M. HAitM;li., FAA ATTORNEY tEL: 425.227.1417; FAX: 425.227.1007