'ff 1

.'\RTMENT OF 

u.s. Department 

of Transportation 

' ',' tnnt~ '')1'' "'f ''\ ~ 1 Southern Region .. · '<~.:~~>~:}Jfl 1'\U.!.i~ 0. Box 20636 

Office of the 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 2Wl 000 

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- 6 2012 

Washington, DC 20591 HEARING DOCKET 

Re: In the Matter of Southern Air Services /FDmS '/ 

FAA Case No. 2011S0150086 I ~01~" orrf A ..... ~ .. l'l&:::~p-H q 5 Oi 

F~ oi:Ol~- v.JP \...-{ o 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the 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 FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

Attorney 

Office of the Regional Counsel 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

SOUTHERN AIR SERVICES 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

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 July 5, 2012, Respondent, Southern Air Services was advised through a Final 

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

of$8,800. On July 17, 2012, the Agency Attorney received a written request 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 or about December 23, 2009, SAS participated in the alteration of 

N8573H with the installation of a Satloc Lightstar system. 

b. No entry was made in the maintenance records ofN8573H concerning this 

installation. 

i 

't 

H 
5. 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 voltmeter on 

N8573H. 

b. This voltmeter could not be properly installed on N8573H. 

c. No entry was made in the maintenance records ofN8573H concerning this 

installation. 

7. SAS operatedN8573H with the above-referenced last of maintenance entries and 

the above-referenced improper parts installed. 

8. At the time of such operation, N8573H was in an unairworthy condition; 

9. a. On February 3-4, 2001, representatives of the Administrator conducted an 

inspection at SAS' s home base of operations. 

b. None of SAS 's agricultural operations records were maintained at the 

home base of operations. 

III. 

10. By reason of the foregoing facts and circumstances, Respondent violated. the 

following sections of the Federal Aviation Regulations: 

a. Section 43.9(a) in that each person 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 of that equipment; 

b. Section 43.13(b) in that each person maintaining or altering, or performing 

preventive maintenance, shall do that work in such a manner and use materials of such a quality, 

that the condition of the 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 l 

an airworthy condition; ~.i 

'; 1 

'!''~ 

! 

' 
d. Section 91.407(a)(l) in that 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 of this 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 or 43.11, as applicable, of this chapter has been made; 

and 

f. Section 137.71(a) in that each holder of a commercial agricultural aircraft 

operator certificate shall maintain and keep current, at the home base of operations designated in 

his application, the following records: the name and address of each person for whom 

agricultural aircraft services were provided, the date of the service, the name and quantity of the 

material dispensed for each operation conducted, and the name, address, and certificate number 

of each pilot used 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 of the violations alleged. 

12. Under the facts and circumstances of this 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 of July, 2012. 

CHRISTOPHER 

~~ R. STEVENSON 

Attorney 

Office of the 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 if appropriate, not later than 30 days after the date 

shown on the Certificate of Service' which follows. 

'\ 

,, 

I; 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the 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 Wright Building 

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) 

i ·;! 

i 

'! -· 

H