o 

U,S. Deparrment 

of Transportation 

Federal Aviafion 

Administration 

DEPARTMENT OF, 

^nANSPOHTATlON ^ 

:C:KEf OPEBATIGNS • 

.-.jV- S A 'On \ . 

Great Lakes F^egion 

"53Q0 E. Devon Ave. 

DesPlaines, IL 60018 

In Reply 

Refe r to : AGL-7E 

OCT S 9 2010 

Area Code 847/294-7063 

CERTIFIED 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC--430, Wilber Wright Building 

Sui L.e 2W1000 

CPiDfti-Ooii bao-lDI ^ 

Re: Flightstar Aircraft Services, Inc. 

FAA Case No.'s: 200e-GL-05-0022, 

2008-GL-05-0042, 2008-GL-05-0045^ 

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

original and one copy of the Complaint in the above-reTerenced 

proceeding. 

The FAA requests that the hearing in this matter be held in 

Cincinnati, OH, and expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned at: 

Federal Aviation Administration 

Regional Counsel (AGL-7) 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Sincerely, 

r .GlfrCLCu^. Brown 

V ^ Sanior ALi.orne 

Enclosures: Request for Hearing 

Complaint 

c c : Respondent (w/copy of.Complaint) 

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CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing 

Complaint by mailing the following copies. Certified Mail (Return 

Receipt Requested): 

Original and 1 Copy: 

One Copy: 

Hearing Docket 

Federal Aviation Administration 

8 00 Independence Avenue, 3. W, 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

Gregory S. Winton, Esq. 

The Aviation Law Firm 

One Research Court, Suite 450 

Rockville, MD 20850 

Dated this 26th day of October, 2010. 

J^.^OA^Ql T\<LKJ 

Tammy Gardner 

Lega l Technicia n 

FAA, Grea t Lakes Region 

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U.S. DEPARTMENT OF TFAUSPORTATION 

OFFICE OF HE:ARXMGS 

WASHINGTON, D.C. 

IN THK MATTER OF 

FLIGHTSTAR AIRCRAFT SERVICES, INC. 

FAA DOCKET NO. (not assigned) 

(Civil Penalty Action) 

DMS NO. (not assigned) 

FAA CASE NO. 2008-GL-05-0045 

COMPLAINT 

The Federal Aviation Administration (KAA), by counsel, hereby 

files ics Complaint, pursuant to Rule 206 of the Rules of Practice (14 

C.F.R- 13.208), and states as follows: 

I 

1. On September 24, 2010, Respondent Flightstar Aircraft 

Services Inc. was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil 

penalty in the amount of 51,800.00. On October 6, 2010, 

Respondent submitted a written request for a hearing2. Flightstar Aircraft Services, Inc. (Flightstar) now holds, 

and at all times mentioned herein held, Approved Repair 

Station certificate number F0TR9S6N, 

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COUNT 1 

3. On or about July 19, 2008, Flightstar performed a major 

repair on civil aircraft number N7754DH, a Boeing Model 727, 

operated under Part 121 of the Federal Aviation Regulations 

by Astar Air Cargo, Inc.(Astar), an air carrier with a 

continuous airworthiness maintenance program, and signed off 

the work. 

4. In performing the major repair to the right wing upper 

surface skin at the spoiler hinge cutout On July 19, 2008, 

Flightstar failed to perform the repair using the type of 

fasteners required by the specifications and drawings 

contained in the Boeing Structural Repair Manual (SRM) 

Section 57-30-04. 

5. After an inspection by Federal Aviation Administration (FAA) 

inspectors revealed the above-described improper repairs, on 

August 4, 2008, Flightstar issued an Engineering Variation 

Authorization (EVA) B257-0092 Rev, IR for the repair. 

6. On or about August 8, 2008, Flightstar signed off on the 

repair again without accomplishing the repair in accordance 

with the appropriate data. 

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7. On or about August 25, 2008, Flightstar issued Engineering 

Variation Authorization (EVA) B257-00092 Rev. 01, listing 

the fasteners to be installed, 

8. Flightstar signed off the above described EVA Rev. 01 with a 

date of August 8, 2008, a date prior to the date the 

document was actually issued. 

9. Flightstar failed to generate a new NR to accomplish the 

work required by EVA Rev. 01 and sign it off on the actual 

date completed, 

10. By reason of the foregoing, Flightstar failed to follow the 

air carrier's maintenance program and manual provisions. 

COUNT 2 

11. On or about July 23, 2008, Flightstar performed a major 

repair to the aircraft described in Paragraph 2, above 

conslsT-ing of a repair to a seat track at body station (BS) 

and left buttock line (LBL) 45 and signed oft the work. 

12. In performing the seat track repair, Flightstar failed to 

install the number of fa.-jteners required by the Boeing 

Structural Repair Manual (SRM) 53-10-5 Figure 1 and the 

Ventura Aerospace (STC holder) drawing. 

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II 

By reason of the foregoing facts and circumstances. Respondent 

violated the following Sections of the Federal Aviation Regulation.^: 

a. Section 43.13 (a), which states that each person performing 

maintenance, alteration, or preventive maintenance on an 

aircraft, engine, propeller, or appliance shall use the 

methods, techniques, and practices prescribed in Lhe current 

manufacturer's manual. 

b. Section 145.205(a), which states that a certificated repair 

station that performs maintenance, preventive maintenance, 

or alterations for an air carrier, or commercial operator 

that has a continuous airworthiness maintenance program 

under Part 121 or part 135 must follow the air carrier's or 

commercial operator's program and applicable sections of its 

manual. 

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 

51,100 for each violation alleged. 

2. Under the facts and circumstances of this case, a civil 

penalty of $1,800 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the 

Administrat.!ve Law Judge enter an Order that Respondent be asses-'sed a 

civil penalty in the amount of 51,800, 

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Respectfull y submitte d this 26"'' day of October, 2010, 

jnio r Attorne y 

Federa l Aviatio n Administratio n 

Grea t Lakes Region, AGL-7 

2300 East Devon Avenue 

Des Plaine.s, IL 60018 

(847) 294-7063 

FAX: (847) 294-7498 

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I 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 Docker. Clerk 

AGC-430, Wilber WrighL Building 

Suite 2W1000 

Gregory S. Winton, Esq. 

The Aviation Law Firm 

One Research Court, Suite 450 

Rockville, MD 20850 

Dated this 26th day of October, 2010. 

Tammy Gardner 

Legal Technician 

FAA Great Lakes 

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M ^^CP^ r^V ocr ^ '^^-M 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

^%. ^ 

. . . 7//;^ 

% 

Federal Aviation Administration 

Complainant, 

V, 

Flightstar Aircraft Services, Inc. 

Respondent. 

FAA Docket No. 2008-GL-05'0045 

Judge Unassigned 

REQUEST FOR HEARING PURSUANT TO 14 C,F.R $ 13.16 

COMES NOW, Respondent, Flightstar Aircraft Services, Inc., by and through 

undersigried counsel pursuant to 14 C.F.R. § 13.16, and hereby requests a hearing concerning the 

allegations raised in the Administrator's Final Notice of Proposed Civil Penalty dated September 

24,2010, which proposes to assess a civil penalty in the amoxmt of $1,800.00. Respondent denies 

the violations alleged in the Administrator's Final Notice of Proposed Civil Penalty and prays that 

it be reversed. 

Respondent requests that a hearing be held in Jacksonville, FL, 

Dated: October 6, 2010 

RespectfuU^ubmitted, 

regofy S. Winton, Esq. 

The Aviati^ Law Firm 

One Research Court, Suite 450 

Rockville, MD 20850 

Tel: (301) 294-8550 

Fax: (301) 294-2525 

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CERTIFICATE OF SERVICE 

I hereby certify that I have this date served by regular U.S. mail, postage prepaid, an original and 

one (1) copy of the foregoing Request for Hearing addressed to: 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

And, further, that I have this date served by regular U.S. mail, postage prepaid, a copy of the 

foregoing Request for Hearing addressed to: 

Michael F. McKinley, Esq. 

Senior Attorney 

FAA Regional Counsel's Office, AGL-7H 

Great Lakes Region 

2300 E. Devon Avenue 

Des Plaines, IL 60018 

Dated: 

Tel: 847 294-7313 

October 6, 2010 

Gre^bw^. Winton, Esq. 

ie Aviation Law Firm 

)nc Research Court, Suite 450 

Rockville, MD 20850 

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