·~ 

.... 1\01\"\CN\Of- RECEIVED ,~:{;\::iJ~;i~fi6f~1t~TES DEPARTMENT OF TRANSPORTATION 

. rX;\j\\"::1 0?\~}:;FEflE'RAL A VIATJON ADMINISTRATION AUG 3 0 2013 

Civil Penalty Action 

7Ci 1 (-CD 

In the Mattel5r~ ·~!.-' 

HEARING DOCKET 

V. FDMS No. FAA-2013-0284 

Case No. 20 12CE440003 

AVIATION ENGINEERING CONSULTANTS, INC., 

Judge: J.E. SULLIVAN 

___________________________________ / 

MOTION TO DISMISS FOR F AlLURE TO JOIN INDISPENSABLE PARTY 

COMES NOW, AVIATION ENGINEERING CONSULTANTS, INC., by and through their 

undersigned counsel, pursuant to Title 14 CFR Part 13 section 13.218(f)(2)(ii), and hereby files their 

Motion to Dismiss for Failure to Join in Indispensable Party (the· "Motion") , In which to file their 

response to the Administrator's Amended Complaint in this cause and as grounds therefore alleges: 

I) On or about July 30, 2013, the Federal Aviation Administration (FAA) served its Amended 

Complaint against Aviation Engineering Consultants, Inc. (AEC) in this cause. 

2) Said Amended Complaint is replete with allegations that Avantair, Inc. (AI) a corporation 

conducting on-demand air taxi operations pursuant to part 135 of the Federal Aviation 

Regulations (F ARs) was involved in the introduction of the offending parts into commerce 

and the installation of these parts onto that certain Piaggio Avanti, Model P-180, a U.S. typecertificated civil aircraft. 

3) Given the allegations contained in the FAA's Amended Complaint, AI is an indispensable 

party to this litigation. 

4) It is unknown to respondent if AI is also the subject of an FAA civil penalty action at this 

time. 

5) If AI is in fact the subject of such an action, the interests of judicial economy would best be 

served by joining the two related cases based upon the fact that the allegations against AEC 

and AI are inextricably intertwined and doing so would avoid inconsistent rulings and 

duplication discovery and penalties. 

6) Additionally, AI should be joined to this litigation as it appears on the face of the FAA's --

Amended Complaint that AI may be liable, in whole or in part for the civil penalties that the 

FAA seeks to recover from AEC. 

WHEREFORE, AEC, respectfully requests this court enter an order dismissing the FAA's Amended 

Complaint for failure to join an indispensable party. 
CERTIFICATE OF SERVICE 

correct copy of the foregoing was served via confirmed facsimile 

and United States Mail receipt # !{0') J O(:J8 ¢, '/--77 , on the 

29th day of August, 2013, to: Mark Camacho, Esquire, Federal Aviation Administration, Office of the 

Regional Counsel, Central Region, 901 Locust , Room 506, Kansas City, MO 64106-2641, facsimile: 

(816) 329-3771, and that this Motion (and one copy) and copy of the Administrator's Amended 

Complaint were filed this 291

h Day of August, 2013, with the FAA hearing docket clerk, 800 

_ Independence Ave. S.W., Attn: Hearing Docket Clerk, AGC-430, Wilbur Wright Building, Room 2014, 

Washington, D.C. 20591, and the Hon. J.E. Sullivan, Administrative Law Judge, Office of Hearings, U.S. 

Department of Transportation, 1200 New Jersey Ave. S.E. (E11-310), Washington, D.C. 20590, 

facsimile: (202) 366-7536. 

..t/ -·· ~t(f);', )). ' 

/'. /,// BIL) ~// /~····----

Douglas J. Barnard, Esquire 

Fla. Bar No. 0928496 

Plane Law, P .A. 

14695 Airport Parkway, Suite 6 

Clearwater, Florida 33762 

Telephone: (727) 259-0224 

Fax: (727) 259-0223 

dougb@planelaw.com 
In the \laner of: 

l'.S. DEPARTMENT OF TRANSI)ORTATIOl\ 

FEDER<\L AVIATION AD~lll\ISTRA TJ01'i 

Served: July 30. 2013 

FDiviS No.: FAA-20 13-0284 

_A_,·_i a_t .....;i o_n.....;E_-: I_.Hii...:!' i..:....n.....;ec_, r.....;i 1;..:.,1 c.._• -=C.....;o.....;n:.::.s.....;ul.:...:.t.::.....a 1:.;:.:1 t:.::.s:..... :.::.ln.:...:.c..:..._. ___J Admin i strati v e Law J u d g c: J . E. Sullivan 

AMENDED COMJ1 LAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Amended 

(: 

Compiaint, pursuant t(l Rule 208 of the Rule~ of Practi<.:e ( 14 c.r. R. 13 . .208), a:1c the Order 

served in this matter dated J u'Jy 16. 2013, and states as follows: 

J.t> 

1. On March 28, 20J 2, Respondent A ''iation .Engin.eering Consultants, lnc. (AECI) 

was advised through a Notice of Proposed Civil Penalty that the FAA proposed to assess a ci vi I 

penalty in the amount of $44,000. On April 22. 2013, Respondent Company submitted a \\7inen 

request for a hearing. 

II. 

I. At all times hereinafter mentioned, AECI was the producer of various replacement 

parts for type certificated aircraft with facil.ities located at 2159 McMullen Booth Rpad and 

2750/2754 Suhset Point Road, Clearwater, Flo.tida. 

2. ln 201 b AECI.manufacture-d two types :of eleVator hinge fining.s, outboard hinge 

fittings, part number {PIN) 80-393 J 03-407AEC, and center binge fittings, PIN 80-393103-

405AEC, eac.h with accompanying straps. 

3. Both hinge fittings identified above were intended for sale to be installed an9 used on 

t11e elevator loc.ated on a Piaggio Avanti Mode1 P~ 180, a U.S. type~certificated ci,·il aircraft. 

4. Incident to AECI's manufac:turing of the subject .hinge fittings, two center hinge 

fittings arid two outboard hinge fittings, with ac.companyjng straps, were combined lb become 

' 
AECI i\·1odification Kit. PIN SB-80-0262. produced for sale and installation on the elevator of 

Piaggio A vanti !\·lode I P-180 civil aircraft. 

5. On nr ahout December 23,2010. AECI scdd and shipped four ofthe subject kits to 

A\'antair. Inc.. tAl) located at 4311 General Howard Drive, Clearwater, Florida. 

6. AI, an exclusive fractional aircraft ownership provider of the Piaggio Avami. also 

otTers private aviation services primarily in North America, including aircraft related 

management and maintenance services under its Part 145 repair station certificate. and provides 

limited fixed based operation services in Cleanvater, Florida. 

7. The four .kits sold to AJ noted above consiste.d of a total of eight elevator center 

hinge fittings. PIN 80-3931 03-405AEC, eight elevator outboard hinge f1ttings, PIN 80-393 l 03-

407AEC, eight straps PIN 80M000095-003, and eight straps PlN 80M000095-00I. 

8. Each of the hinge .fittings identified above \vere marked ''FAA-PMA''. 

9. The acronym ''FAA·· r~presen_ts Federal Aviation Administration. 

10. The acronym ·'Pl\1A' represents Parts Manufacturer ApprovaL 

11. The holder of a PMA has obtained FAA <l:pproval to manufacti.lre,a part and mark 

it "'PMA". 

12. A part marked "PMA" is authorized 1o be installe.d in a ty.pe.;certificated aircraft 

and such aircraft can be found to be airwonh>' relati\'c to the installed PMA part. 

13. Based on the fore_going, the use of the acronym "fAA-JiMA" marked on the 

ele\1ator hinge fittings sold by AECl to Al for installation and use on the elevators of Al's 

Piaggio A vanti Model P-180 civil aircraft denoted th~t AECI had applied to; and recei\•ed an 

official grant of approval from, the FAA to ri1anufacturer and sell the subject parts, and fu.riher, 

that such parts were suitable for insta1latjon on the elevators of Al's P,iaggio Avanti Model P-180 

civil aircraft such that the aircraft in question \>muld retain its airworthiness status relative t·b the 

·installed parts. 
1-i. AI installed one of the AECI Modification Kits. P.'"\! SB-80-0262 it purchased 

from AECI L)!1 the de,·awr ofCi,·il Aircraft 1\ 13-tSL. u Piaggio ;\\anti !\·1odd P-180 ain.:r<~ft. 

and subsequently operated the same aircraft. 

15. Tht> installed subject kit consisted of two elevator center hinge Jinings. P/N 80-

393103-405AEC, each with accompanying strap, and two elevator outboard hinge linings. PfN 

80-393103-407 AEC. each with accompanying strap. 

I 6. In Dcc.ember 2010 AECI had not applie-d to the FAA for P1v1A approval to 

manufacture and sell the hinge fittings identified herein marked '·f AA-PMA" lor installation on 

the elevator of any Piaggio A vanti Model P-180 aircraft. 

17. ln December 2010 AECI did not hold a PMA approval granted to it by the FAA 

for the manufacture and sale of the hinge fittings identi11ed herein such that they could be 

marked "FAA-PM.A" (or "PMN') and be installed on the elevator·ofany Piaggio Avanti Mode] 

P--180 ain:raft. 

18. AECl did n:ot submit an application for such .PMA approval to the FAA's Aircraft 

Certi:fication Office (ACO) in Atlanta, Georgia: until January 21, 2011, less than a month afte-r 

AECI sold the four AEC1 Modification Kits, PIN SB-80-0261, containing hinge fittings 

marked "F AA-PMA ",to AI as described herein. 

19. To date the FAA ·s ACO has not issu(!.d AECI any approval fo:r the manufacture 

ofthe hinge finings identified h~rein. 

20. On or about October 14.2011, FAA personnel conducted an inspection ofthe Al 

repair station. 

21. lnciaent to the noted inspection FAA personnel discovered that four ofthe parts 

described in paragraph 14 above {two .elevator :eenter hinge fitting$, PIN 80-393 JOS-405AEC, 

and two elevator outboard hinge fittings, PIN 80~393103-407AEC) sold io Al by AECJ on 

.., 

_, 
Decembt'r 23. 2010. were installed on the eJe,·ator of Ci,·il Aircraft N 134SL. a Piaggio ;\vanti 

Model P-180 aircraft. 

2.2. The installed hinQe littin12s bought b,· AI from AECL and installed bY AI. were '- ..... ..... .. . .. 

marked '·F AA-P~·1A.·· 

23. The FAA had not granted Pans Manufacturer Approval to Aviation Engineering 

Consultants, Inc. to produce and sell the subject pans installed on Ci,·il Aircraft N134SL by Al. 

24. The four hinge finings bought by AI from .A.ECJ marked ·'FAA-PMA .,_ and 

installed by AJ on Ci\·il Aircraft N 134SL. were unapproved parts, and upon installation rendered 

Civil Aircraft NJ34SL unairwonhy. 

2 5. The installation of the unapproved parts in question resulted in a severity 

determination by the FAA's ACO engineer 'vho reviewed the degree of hazard .involved with the 

subject installation as critical, i.e .. having the potential for severe injury or substantial damage in 

the event offailure of the part(s). 

26" The actions of AECJ ~ as aJleged herein: are significantly aggravated by the fact 

that the production, and sale, of the part~ in question were accomplished deliberately and with 

full knowledge by the Respondent Company that it did not have P.MA approval from the FAA to 

mark the hinge fittings in question that it sold to Al aFAA-PMA". 

27. The fDregoing is evidenced by the fact that less than a month after semng and 

shipping the parts in questioil1~ Al, AECJ submitted its application t0 the FAA's ACO in 

Atlanta, Georgia, for 1he very approval h did not have; an application by which the Respondent 

Company sought a formal grant of(lpproval to legally produce the very parts it had just sold to 

AI- an approval the Respondent Company has yet to receive as it pertains to the subje.ct parts. 

111 

1. By reason of the foregoing facts and circumstances, the Respondent Company 

delibe-rately circumvented nnd violaled the following sections of the Federal Aviation 
' . 

Regula1ions: 

a. Section:; l.l)(aH:Zl. which states in rcle\·ant pan that that if a pi."rsc1n 

knows. or should know. that a replacement or modification article is reasonahl~ likely to be 

installed on a type-certificated product. that person may not produce the article unless it is 

produced under an FAA production approval. 

b. Section 21.9(b). '"'hich states in relevant part that a person who produces 

a replacement 11r modification articll- fM sale may n01 represenl that part as suitable f0r 

installation on a type-certificated product. 

2. Pursuant to Title 49 U.S.C. 46301. Respondent is subject to a civil penalty not to 

exceed S I 1,000 for each of the violations alleged. 

3. l.Jnderthe facts and circumstances of this case, a civil penalty of$44,000 is 

appropriat~, warranted, and justified. 

WHEREFORE. the Agency, b~· counsel, respectfiilly requests that the Administrative 

Law Judge enter an order that Respondent Company be assessed a ci\·il penalty in the amount of 

$44;000. 

Dated this 301

h day of July ·ion 

Respect1ull)' submitted, 

A. Lester Haizlip 

Regiomil Counsel 

~y: 

ORIGINAL SIGNED BY 

MARK G. CAMACHO 

Mark G. Camacho 

Senior Enforcement Anorney 

Federal Aviation Administration 

901 Locust S1., Room 506 

Kansas City, MO 64106-2641 

816~329-3765; Fax (816) 329-3771 

ATTORNEY FOR COivlPLAINANT 

..