U.S. Department of Transportation Federal Aviation Administration In Reply Refer to: AGL-7B Great Lakes Region 2300 E. Devon Avenue Des Plaines, IL 60018

Area Code 847/294-7313 CERTIFIED MAIL May 8, 2014 Hearing Docket, Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 

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Attention: Hearing Docket Clerk, AGC-430 

## HEARING DOCKET Wilber Wright Building

- Suite 2W1000 Re: Spirit Avionics, Ltd. FAA Case No.: 2012-GL-07-0056 Enclosed herewith please find a copy of the Respondent's Request for Hearing, dated April 30, 2014, which was received by our office on May 2, 2014. Also, please find enclosed the original and one copy of the Complaint in the above-referenced proceedings. The FAA requests that the hearings in these matter be held in Columbus, Ohio, and expects that the hearing will last one day. Please address all communications for the FAA to the undersigned at: Kate Barber Federal Aviation Administration, AGL-7 2300 East Devon Avenue Des Plaines, IL 60018-4696 Phone (847) 294-7862 Fax (847) 294-7498 Email Kate.Barber@faa. gov

Kate Barber Attorney Enclosures: Request for Hearing Complaint
cc: Respondent (w/copy of Complaint)CERTIFICATE OF SERVICE
I hereby certify that I have, this date, served the foregoing Complaint by mailing copies, as indicated below, via Certified Mail, to the following: Original and one copy to:

One copy to: Hearing Docket Federal Aviation Administration 800 Independence Avenue, S. W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilber Wright Building Suite 2W1000
Jerry A. Eichenberger EICHENBERGER & ASSOCIATES 6037 Frantz Road, Suite 107 Dublin, OH 43017 Dated this**8~** day of May, 2014.

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### 2FEDERAL AVIATION ADMINISTRATION Hearing Docket 

### Administrator, FederalAviationAdministrati1m, Complaintant,



### v. SpiritAvionics,Ltd., Respondent. FAAFileNumbers: AGL-7B 2012-GL-07-0056

REQUEST FORHEARING NowcomesRespondent, SpiritAvionics, Ltd.,byandthroughtheundersignedcounsel, andherebyrequests ahearingpursuantto theprovisionsofPart 13, Code ofFederalRegulations
.

.Eichenbe er(001 55) EICHENBERGER & 

### ASSOCIATES 6037FrantzRoad, Suite 107 Dublin, Ohio43017 614-798-1600/614-798-1620 (fax) Attorneyfor Respondent

### CERTIFICATE OFSERVICE 

### I herebycertifY that a true copyofthe foregoing hasbeenforwarded to the followingby OrdinaryU.S. Mail,postagepre-paid, this 30thdayofApril, 2014.
KateBarber, Attorney OfficeofRegional Counsel FederalAviationAdministration GreatLakesRegion 2300E. DevonAvenue DesPlaines, IL60018U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

IN THE MATTER OF Spirit Avionics, Ltd. FAA DOCKET NO. (not assigned) (Civil Penalty Action)

## LO\'-\ ·0\\'\ DMS NO. (not assigned) FAA CASE NO. 2012-GL-07-0056

COMPLAINT
The Federal Aviation Administration (FAA) , by counsel, hereby files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: I 1. On April 25, 2014, Respondent was advised through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $11,000. On April 30, 2014, Respondent submitted a written request for a hearing.
2. At all times hereinafter-mentioned Spirit, was the holder of Repair Station Certificate UOKR250X. 3. Spirit was hired to perform maintenance on a number of type certificated aircraft owned and operated by the Federal Aviation Administration (FAA). 4. Spirit subcontracted major portions of this work to Lane Aviation, holder of Repair Station Certificate DYCR407D.

### 2 5. At some time prior to February 24, 2011, Spirit fabricated or had fabricated at least twenty-two (22) brackets and twenty-two (22) lanyards that eventually would be used on the FAA aircraft. 6. The brackets and lanyards were replacement or modification parts for use on the FAA aircraft. 7. On February 24, 2011, Spirit sold twenty-two (22) of the fabricated brackets and twenty-two (22) of the fabricated lanyards to Lane Aviation as replacement or modification articles representing these parts as suitable for installation on the FAA aircraft. II By reason of the foregoing facts and circumstances, Respondent violated Section(s) 21.9(b) of the Federal Aviation Regulations. 1. Pursuant to Title 49 of the United States Code, Section 46301 (49 U.S.C. §46301), Respondent is subject to a civil penalty not to exceed $1,100 for each violation alleged. 2. Under the facts and circumstances of this case, a civil penalty of $11,000 is appropriate. 

### ' WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an Order that Respondent be assessed a civil penalty in the amount of $11,000.Respectfully submitted this 8th day of May, 2014.

Attorney Federal Aviation Administration Great Lakes Region, AGL-7 2300 East Devon Avenue Des Plaines, IL 60018 (847) 294-7313 FAX: (847) 294-7498 AGL-7B 3I hereby certify that the foregoing Complaint has been mailed this date by Certified Mail, Return Receipt Requested, to: Original and One Copy:

One Copy: Hearing Docket Federal Aviation Administration 800 Independence Avenue, S. W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilber Wright Building Suite 2Wl000

Jerry A. Eichenberger EICHENBERGER & ASSOCIATES 6037 Frantz Road, Suite 107 Dublin, OH 43017

Dated this 8th day of May, 2014. 1 

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