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## .'\RTMENT OF u.s. Department ofTransportation ' ','**tnnt~** '')1'' 

### "'f''\**~** 1 Southern Region

.. ·**'<~.:~~>~:}Jfl 1'\U.!.i~**  0. Box 20636 Office ofthe Regional Counseri\t r

### Ui~'tFV"**IIUiA~anta,** Georgia 30320 Federal Aviation Administration 

# JUl2 I 2012 CERTIFIED

- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW 

### i 1**:~** 1 ! L i I 0 

## 2: (ij:{8) 305-5200 (404) 305-522.3 FAX 

# RECEIVED AUG- 62012 Washington, DC 20591 

## HEARING DOCKET Re: In the MatterofSouthern Air Services

# /FDmS '/ FAA Case No. 2011S0150086 

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### o Enclosed herewith please find a copy ofa request for hearing and the original and one copy of the Complaint inthe above-referenced proceeding. The FAA requests that the hearing in this matter be held in the Orlando, Florida area, and expects that the hearing will last one day. Please address all communications for the FAAto the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region P.O. Box 20636 Atlanta, Georgia 30320 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,

Attorney Office ofthe Regional Counsel EnclosuresU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. SOUTHERN AIR SERVICES Respondent.

JUDGE NOT YET ASSIGNED FAA DocketNo. Judge

COMPLAINT The Federal Aviation Administration (FAA), bycounsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 1. On July 5, 2012, Respondent, Southern Air Services was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty inthe amount of$8,800. OnJuly 17, 2012, the Agency Attorney received a writtenrequest for a hearing from the Respondent. 

### II. 2. On or about May 20, 2010, Southern Air Services (SAS) was issued a certificate for Commercial Agriculture Aircraft Operations. ' 3. Since that time, civil aircraft N8573H has been on SAS's Operations Specifications for use in Part 137 operations. 4. a. On orabout December 23, 2009, SAS participated inthe alteration of N8573H with the installation ofa Satloc Lightstar system. 

### b. No entry was made inthe maintenance records ofN8573Hconcerningthis installation. i 

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## H5. a. At some time during late 2010, SAS installed an automotive battery on N8573H. b. This battery could not be properly installed on an N8573H.
c. No entry was made in the maintenance records ofN8573H concerning this installation. 

### 6. a. At some time during late20l0, SAS installed an automotive voltmeteron N8573H. b. This voltmeter could not be properly installed onN8573H.
c. No entry was made in the maintenance records ofN8573H concerningthis installation. 7. SAS operatedN8573H withthe above-referenced last ofmaintenance entries and the above-referenced improper parts installed. 8. Atthe time ofsuch operation, N8573H was in an unairworthy condition; 9. a. On February 3-4, 2001, representatives ofthe Administrator conducted an inspection at SAS's home base ofoperations. b. None ofSAS's agricultural operations records were maintained atthe home base ofoperations. 

### III. 10. Byreason ofthe foregoing facts and circumstances, Respondent violated.the following sections ofthe Federal Aviation Regulations:
a. Section 43.9(a) in that eachperson who maintains, performs preventive maintenance, rebuilds, or alters an aircraft, airframe, aircraft engine, propeller, appliance, or component part shall make an entry in the maintenance record ofthat equipment; b. Section 43.13(b) in that each person maintaining or altering, orperforming preventive maintenance, shall do that work in such a manner and use materials ofsuch a quality, that the condition ofthe aircraft, airframe, aircraft engine, propeller, or appliance worked ort will be at least equal to its original or properly altered condition (with regard to aerodynamic function, structural strength, resistance to vibration and deterioration, and other qualities affecting airworthiness). ··.', !

c. Section 9l.7(a) in that no person may operate a civil aircraft unless it is in 

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an airworthy condition;**~.i** '; 1**'!''~** ! 

# 'd. Section 91.407(a)(l) inthat no person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under 43.7 ofthis chapter;
e. Section 91.407(a)(2) in that no person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless the maintenance record entry required by 43.9 or43.11, as applicable, ofthis chapter has been made; and f. Section 137.71(a) in that each holder ofa commercial agricultural aircraft operator certificate shall maintain and keep current, atthe home base ofoperations designated in his application, the following records: the name and address ofeach person for whom agricultural aircraft services were provided, the date ofthe service, the name and quantity ofthe material dispensed for each operation conducted, and the name, address, and certificate number ofeach pilotused in agricultural aircraft operations and the date that pilot met the knowledge and skill requirements of 137.19(e). 11. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil penalty not to exceed $1,000 for each ofthe violations alleged. 12. Under the facts and circumstances ofthis case, a civil penalty 

### of$8,800 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$8,800. Respectfully submitted this 

# 2**\~day** ofJuly, 2012.

# ~~ CHRISTOPHER R. STEVENSON Attorney Office ofthe Regional Counsel PLEASE NOTE: Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this Complaint, or a written Motion to Dismiss ifappropriate, not later than 30 days after the date shown onthe Certificate ofService' whichfollows. '\

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### I;CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complaint has been mailed this date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2WIOOO Wilbur WrightBuilding 800 Independence Avenue, SW Washington, DC 20591 Southern Air Services Attn: Charles Inderwiesen 1202 Maurice Sonny Clavel Road Wauchula, FL 33878



### s e egional Counsel 

## JUl 2 4**~Ot2** Dated (original+ 1 copy)

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