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^ 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

JUL 2 1 ?S. 

Southern Region 

Office of the Regional Counsel 

P.O. Box 20636 

Atlanta, Geonjia 30320 

(404) 305-5200 

(404)305-5223 FAX 

CERTIFIED - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 (fpJO'=:>00^ 

Re: In the Matter of Darby Aviation 

FAA Case No. 2008SO090076 2o\o-oy21 

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. 

Hie FAA requests that the hearing in ihis matter be held in the Birmingham, Alabama 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, ASO- 7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

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

Sincerely, 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel K ' l 2 7 20t0 

'"•^O DOCKET 

Enclosures 
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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Darby Aviation 

Respondent. 

FAA Docket No. 

.Judge 

JUDGE NOT ^TT ASSIGNED 

2 7 20!D 

^3 COCKrT 

COMPLAINT 

The Fodcriil 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: 

T. 

1. On .July 2, 2010, Respondent, Darby Aviation was advised through a Final Notice 

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

$2,200, On July 19, 2010, the Agency Attorney received a written request for a hearing from the 

Respondent. 

II. 

2. At all times material herein Darby Aviation was and is now the holder of Air Agency 

(Repair .Station) Certificate No. YDBR218U. 

3. On or about August 19, 2008, representatives of the Admuiistrator inspected Darby 

Aviation's facility and the maintenance records of civil aircraft N35ED, a Lear Jet model 35. 

During the inspection the following maintenance record entries for work order 08005 for N35ED 

were observed: 

a. Di.screpancy: Several exterior placards missing. 

Date: 2-18-08 

TT (Total Time): 8505.8 

Landings: 6830 

Correciivt; Action: Installed missing placards as per chp 11 Lear manual MM-99 

Date: 2-21-08 

TT: 8505.8 
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b. Discrepancy: Fuel Leaking Seeping LH Wing. 

Date: 2-19-08 

TT (Total Time): 8505.8 

Landings: 6830 

Corrective Action: Tightened Screws .... 

Date: 2-22-08 

TT: 8505.8 

4. I'he maintenance record entries described in paragraphs 2a and 2b, above, were 

incorrcci. 

5. The correct maintenance record entries would be, 2a: Total Time - 8497.8, and 

landings 6822; and for 2b: Total Time - 8502.4, and landings 6824. 

6. At the time the above-described maintenance was performed, N35ED was being 

operated under the air carrier certificate for operations in accordance with Part 135 of Darby 

Aviation. 

7. At the time the above-described maintenance was performed, N35ED was required to 

be maintained in accordance with the Approved Aircraft Inspection Program for Darby Aviation. 

8. The above-described maintenance was not performed in accordance with the 

Approved Aircraft Inspection Program for Darby Aviation in that the maintenance record entries 

were in eiTor. 

m. 

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

iollowing sections of the Federal Aviaiion Regulations: 

a. Section 43.9(a)(1) and (2) in that, except as provided in paragraphs (b) and 

(c) of this section, 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 containing the following infoiTnation: a 

description (or reference to data acceptable to the Administrator) of work performed and the date 

of completion of the work performed. 

b. Section 43.9(b) in that each holder of an air carrier operating certificate or 

an operating certificate issued under Part 121, 127, or 135, that is required by its approved 

operations specifications to provide for a continuous airworthiness maintenance program, shall 

make a record of the maintenance, preventive maintenance, rebuilding, and alteration, on 

aircrafl, airframes, aircraft engines, propellers, appliances, or component parts which it operates 

in accordance with the applicable provisions of Part 121, 127, or 135 of this chapter, as 

iippropriiitc. 
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c. Section 145,205(a) in that Darby Aviation performed maintenance, 

preventive maintenance, or alterations for an air carrier or con-vmercial operator that has a 

continuous airwonhiness maintenance program under part 121 or part 135 and failed to follow 

the air carrier'.s or commercial operator's program and applicable sections of its maintenance 

manual, 

10. Under 49 U.S.C. Sections 4630l(a)-(d), Darby Aviation is subject to a civil 

penalty not to exceed $1,100 for each of the violations noted. By reason of the foregoing facts 

and circumstances, we propose to assess a civil penalty in the amount of $2,200. 

11. Pursuant to 49 U.S.C. Sections 46301 (a)-(d). Respondent is subject to a civil 

penally not to exceed $1,100 for each of the violations alleged. 

12. Under the facts and circumstances of this case, a civil penalty of $2,200 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 $2,200. 

Respectfully submitted this ^\ day of .July, 2010. 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pur.suant to Title 14 CFR Section 13.209(a), you are required to file a written answer to Uiis 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Cerli ficale of Service which follows. 
07/29/2010 15:26 FAX 2024935142 FAA •> DMS 2)005/006 

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: 

Darby Aviation 

Elton Hal] Darby/President 

Darby Aviation 

1 Avalon Avenue Northwest Alabama R 

Muscle Shoals, AL 35661 

Deaima L. Weidner 

Anderson & Associates, I-LC 

505 North 20* Street NE, Suite 1450 

Birmingham, AL 35203 

Hearing Docket Clerk (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

JUL 21 •... a 

Dated 
07/29/2010 15:26 FAX 2024935142 FAA + DMS g)00G/006 

AV ANDfcRSON 

• \ 1 1 

Deanna L, Weidner 

rilwftidncr(5)diimidbander!ioiil;iw.corn 

Phone: 205-324-1230 

Facsimile'. 2C5-322-3890 

July 16, 2010 

. \.. 

VIA CERTTHED MAIL 

RETURN RECEIPT REOUESTED 

& REGULAR MAIL 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk AGC-430, 

Wilbur Wright Building-Suite 2W1000 

Christopher R. Stevenson 

Attorney, FAA 

Southern Region 

Office of Regional Counsel 

P.O. Box 20636 

Atlaiita, Georgia 30320 

Re: 

Dear Clerk: 

2008SO090076 

Request for Hearing - FINAL NOTICE OF PROPOSED CIVIL PENALTY 

Plea.se consider this correspondence as a Request for Hearing pursuant to 14 CF.R. 13.35 

in the abovc-rclcrcnced enforcement action. 

Attached is a copy of the FINAL NOTICE OF PROPOSED CIVIL PENALTY to which 

this request for a hearing is directed. Also attached, please find Darby .Aviation's Answer 

required by 14 C.F.R. 13.35(c). 

Very truly yours, 

QMDJ\^A._C^ . t O e. IC(.jv-^ A^ 

Deanna L. Weidner 

DLW/cat 

Enclosure V ,C 

•' 2 7 2 m