09/28/2012 08:05 4252271007 ANM7 

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FEDERAL AVJA TION ADMINJSTRATION 

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ANM-7 

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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@F AA.GOV 
09/28/2012 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 of Regional Counsel 

Northwest Mountain 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 Matter of Leading Edge Aviatian. Inc., FAA Case No. 2.011NM070089 

Dear Judge Goodwin: 

Endosed is the Amended Complaint in the above matter. 

T11e Amended Complaint revises 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, 

pursuant to Rule 208 of the Rules of Practice (l4 Code of Federal 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 of Proposed 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 of Air Agency 

Certificate No. L9QR350Y, and conducts its operations pursuant to Part 145 of the 

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 on Leading Edge's 

Capability List. 

6. Paragraph 8.11 of Leading 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 than requi.red by 14 Code of Federal 

-- ----------------------Regulations-(C~F~R~)-Part 4l;-"--- ---------------- ----------------

7. Paragraph 8.12 of Leading Edge's Repair Station & Quality Manual states "Before the 

repair station generates an approval for return to service, an appropriately qualified 

person ... shall perform a final inspection ... The final inspection will include an audit 

of the 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 recommended by the manufacturer. 

9. The maDufacturer' s inspection program requires a 1 00 hour inspection to "be 

accomplished each 100 hours of flight time and each 12 calendar months." 

10. On or about February 17, 2011, Leading Edge performed a 100 hour airframe and 150 

hour engine inspection on N5758H 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, bell cranks, supports, and 

attaching bolts for corrosion, wear, or mechanical damage, and for security of 

attachment ... 

c. " .. .Inspect transmission. mounts for obvious damage, bushings for wear, and 

for security of attachment. Inspect py Ion support assembly to ensure that all 

bolts are installed in the correct location. Check torque on head of bolts only 

(bolt must not rotate). If a bolt is loose, remove nut. Install new nut 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. 20 IINM070089 

Page 2 of? 

Jlm'REY M. HARl')lR, FAA ATTORNEY 

TEL: 4Z5.227.1417; FAX: 425.227.1007 
09/28/2012 08:05 4252271007 ANM7 

e. " .. .Inspect firewall for cracks, distortion, and missing 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 on the right side of aft fuselage and inspect the four tail boom 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 of the upper left fitting ... 

h. ".,.Inspect elevators 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 coupling retention bolts/nuts and apply torque 

seal ... 

j. " ... Start the 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. On July 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 " ... Cotter pin 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, FAA ArrDRNEY 

TEL: 42~.n7.1417; FAX: 425.227..\007 
09/28/2012 08:05 

c. 

4252271007 ANM7 

hydraulic support area cabin roof panel, 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 

cotter pin (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 of a drilled hole ... 

d. " ... Main Drive Shaft found previous installation using incorrect hardware 

buildup, washe!'S found under head of the bolts and should be under 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. " ... Tail boom/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 of working 

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. " ... Customer reports low rotor .rpm and engine out audible warnings are 

crossed ... " 

17. N5758Hwas not returned to service on July 7, 2011, as the above discrepauci.es 

rendered it unairworthy. 

18. Each of tb.e discrepancies listed in Paragraph 16 existed on N5758H when Leading 

Edge Aircraft returned N5758H to service on February 17, 201). 

Amended Complaint 

FAA v. f.eading Edge. Inc. 

FAA Caso No. 2011NM070089 

Pagc4 o£7 

···-·-·--·---- --------

---·-----·-----··--·--·---------·-· 

JEI'F!toY M. HARPER. P AAATTDRNEY 

TEL: 425.227.1417; FAX; 425.227.1007 
09/28/2012 08:05 4252271007 ANM7 

III. 

J. By reason of the 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 it performed 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. Section 43.13(b), in that it performed 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 portion thereof 

under inspection, met all applicable airworthiness requirements. 

d. Section l45.201(o)(1), in that it approved for return to service an article when the 

maintenance, preventive maintenance, or alteration was not performed 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 station with a limited rating, 

performed maintenance, preventive maintenance, or alterations 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) of Title 49 of the United States Code 

(U.S.C.) (Transportation) [49 U.S. C. Sections 4630l(a) and (d)], Leading Edgeis 

liable for a civil penalty not to exceed $27,500 for each ofth.e violations noted. 

3. Under the facts and circumstances of this 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; 425.227.1007 
09/28/2012 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 submitted this 28th day of September, 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