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Q 

US. Department 

of'IYansporuiiion 

Federal Aviation 

Adminiittration 

In Reply Refer To: ACE-7 

February 11,2010 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue SW, Room 924A 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2014 

Re: In the Matter of Air Evac, Inc. 

Case No. 2007CE030008 

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OCTict of Regional Counsel 

901 Locusi, Room 5 06 

Kansas City, MO 64106-2641 

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Area Code: (816)329-3765 CD 

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Enclosed herewith please find a copy of a request for a 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 Kansas City, Missouri, and expects 

that the hearing will last one day. 

Please address all communicalions for the FAA to Mark G. Camacho, Federal Aviation 

Administration, Central Region, ACE-7, Room 506, DOT Building, 901 f.ocust, Kansas Ciiy, 

MO 64106-2641. 

Sincerely, 

Mary Ellen Loftus 

Acting Regional Counsel 

By; / ./. " iMiM y 

I^dixk G- Camacho 

Senior Enforcement Attorney 

Enclosures 
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Feb, 8, 2010 3:47PM fjo, 0740 P, 2 

1 

TM/^. _ 

COOLIN G (StHERBERSRc. 

240 0 CITY CENTER SQUARE 

HOOMAJN! STREETKANSAS CITY, MO 64105 ^,.,,^ ,,„, , , 

TELEPHONE 816,474.0777 •••-'•.••'• .• 

FAX ai6.A72.0790 '" •;•-.•« '9 

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WWW.COOUNCl_*W.CCiM 

February 8,2O10 

; y 2C10 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

600 Independence Avenue SW Via Federal Express 

Wilbui- Wright Building, Room 2014 

Washington. D.C. 20591 

Re; ACE-7 

2007CE030008 

Dear Hearing Docket Clerk; 

Air Evac EMS, Inc. hereby requests a hearing on the Final Notice of Proposed 

Civil Penalty (attached) 2007CE030008, pursuant to 14 C.F.R. 13.16. 

Very tnjly youi-s, 

COOLDIG & HERBERS, P.O. 

JER/js 

cc: Maik G. Camacho 

Senior Enforcement Attoxney 

Attachment 

KANSAS OFFices 

2400 N.WOODLXWN STREET, SUITE 221 WICHITA. KS €7220 PHONE 816.474 0777 FAX 616,472,0790 

7315 FRONTAGE ROAD SKAWNCC MISSION, KS 66204 pHONE 913.362.9727 FAX 913,831.2413 
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U.S. DEPARTMHN1 OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

Air Evac, Inc. 

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Served; February 11,2010 • 

FAA Docket No. 

FAA Case No. 2007CE030008 

Judge Not Assigned 

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 state.-; 

as follows: 

I. 

1, On February 27, 2007, Respondent Air Evac, Inc. (AEI) was advised through a 

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

amount of $25,000. On February 8,2010, Respondent submitted a written request for a 

hearing. 

11. 

1. Al all times hereinafter mentioned AEI a Missouri corporation, was the holder of 

Aircraft Repair Station Certificate No. OEVR436K. 

2. At all times hereinafter mentioned Air Evac EMS, Inc. (AEEMS), a Missouri 

corporation, the holder of Air Carrier Certificate No. EVCA731D, an FAA approved ondemand Part 135 operator under the Federal Aviation Regulations (FAR). 

3. Al all times hereinafter mentioned Aaron D. Rogers (Rogers), the holder of 

Airman Certificate Number 494941510 with mechanic privileges, airframe and 
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powerplant ratings, worked as an AEI employee at the West Plains Municipal airport. 

West Plains, Missouri (UNO) for AEI's repair station as its Quality Manager (QM). 

4. As AEI'S QM, Rogers had the authority and responsibility for ensuring that 

aircraft worked on by AEI's repair station were in an airworthy condition before being 

retuned to service. 

5. As AEI's QM, Rogers had the authority and responsibility for ensuring that 

aircraft relumed to service had all required inspections and maintenance items 

accomplished by AEI s' repair station. 

6. On or about October 18,2006, Civil Aircraft N267AE, a Bell Helicopter Model 

206L1, owned and operated by AEEMS, was involved in a repositioning flight from 

West Plains, Missouri, to Sikeston, Missouri, to be put into active Part 135 passengercarrying operations for AEEMS. 

7. Incident to the above operation the crew discovered, upon arrival at Sikeston, that 

there was no key for the narcotics box and returned to West Plains to retrieve the missing 

key. 

8. On approach to AEEMS' West Plains downtown heliport N267AE experienced a 

mechanical failure consisting of tlie loss of the tail rotor control system. N267AE was 

able to divert and make a run-on landing ai the West Plains Municipal Airport without a 

fatality. 
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9. A follow-up inspection of N267AE's tail rotor control system disclosed tliat a bolt 

that connected adjustable tube PN206-001-002-087 to bellcrank PN206-001-705-005 had 

come out of the aircraft's tail rotor control/anti-torque system causing a total bre^ik in the 

system while N267AE was in flight. 

10. Incident to N267AE's mechanical failure an investigation was conducted by 

personnel from the Flight Standards District Office, St. Louis, Missouri (STL FSDO) 

resulting in the following findings: 

a) Prior to the noted operation, AEI's repair station performed extensive 

modifications and inspection ol'N267AE pursuant to Work Order (WO) 

#6418. 

b) The noted modifications included replacing the existing Detroit Diesel 

Allison-C28 engine with a more powerful Allison 250-C30P engine through 

the application of STC SH296NM, Installation of Detroit Diesel Allison 250-

C30P turbo shall engine, along witli associated airframe and tail rotor control 

modifications. 

c) The noted STC modified the tail rotor control/anti-torque system to 

compensate for the increased power and torque. 

d) The subject tail rotor control modification was to be accomplished by 

adjusting the rigging of the anti-torque controls as detailed in Installation 

Instruction No. ASI-206L-30P, Rigging Anti-Torque Controls, Section ITTI. 
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e) Following modifications and inspection, AEI's repair station released 

N267AE for return to service and closed out WO #6418 without 

accomplishing, among other requirements, the noted anti-torque controls 

rigging. 

f) After AEI's repair station released N267AE for return to service and closed 

out WO #6418, but prior to the flight operation described in paragraph 6 

above, AEI's QM performed maintenance test flights, 

g) AEI's QM also performed additional maintenance on N267AE consisting 

of rigging the rotor control system/anti-torque system discussed above. 

h) The rigging of the anti-torque controls as detailed in Installation Instruction 

No. ASI-206L, Section HIT, required AEI's QM to disconnect three separate 

adjustable control mbes from three separate bellcranks followed by a series of 

adjustments. 

i) Detail "A" of Figure 3-1, Anti-Torque Controls, Rigging Dimensions (Sheet 2 

of 2), of the noted installation instructions, specifically identifies the removal 

of the nut, cotter pin, and connecting bolt (that came out of the tail rotor 

control system, as described in paragraph 9 above) in order to disconnect 

adjustable tube PN206-001-002-087 Irom 

beUcrank PN206-001-705-005. 
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j) AEI's mechanic Keith Collins (Collins) started the rigging process, went 

home, and returned the next day to discover that AEI's QM had completed the 

rigging and the aircraft was flying. Collins did not reinstall adjustable tube 

PN206-001-002-087 to bellcrank PN206-001 -705-005; that task was 

perfonmcd by AEI's QM. 

k) Following his perfomiance of maintenance on N267AE's rotor control 

•systein/anti-torquc system, AEI's QM signed off the maintenance in the 

aircraft's maintenance log certifying that the aircraft was airworthy, and 

returned N267AE to service. 

1) AEI's QM sign-off, noted above, was the last maintenance entry made in 

N267AE'S maintenance log before the occurrence of the mechanical failure 

noted in paragraph 8 above. 

m) A visual inspection of N267AH's rotor control syslem/anti-torque system after 

the mechanical failure (noted in paragraph 8 above) revealed the subject 

connecting boll was lying in the belly of the aircraft; no nut or cotter pin was 

found. 

11. The foregoing maintenance performed by AEI's QM on N267AE was not 

accomplished pursuant to the provisions of Installation Instruction No. AS1-206L, 

Section IIII in thai he failed to ensure that the subject adjustable tube PN206-001 -002-

087 connecting bolt was properly secured in place following reassembly of the adjustable 

tube to its designated bellcrank. 
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12. Accordingly, N267AE was not in an airworthy condition at the time AEI's QM 

returned the aircraft to service after his October 18,2006, maintenance and sign off on 

the rotor control system/anti-torque system. 

13. Tlie foregoing maintenance performed on N267AE's rotor control system/antitorque system was not accomplished pursuant to the provisions of AET's Quality Control 

Manual, Pages 4 and 7, which require that the discrepancy sheet be supplemented with 

detailed instructions for work and inspection, and that a work card be issued for a 

discrepancy, if the overall task is divided between more than one technician. No such 

supplemental detail or work card was prepared for the rigging started by Collins on one 

day and completed by AEI's QM the next day. 

14. Further investigation and inspection of AEI's repair station records pertaining to 

maintenance work performed on N267AE prior to the closing out of WO #6418 disclosed 

that AEI failed to follow its quality control system by approving N267AE for return to 

service and closing out WO #6418 without complying with AEI's Approved Aircralt 

Inspection Program (AAlP) final inspection requirements and without complying with its 

Quality Control Manual, to include: 

a) Failure to complete required Phase 1 items noted in Blocks 25 and 30. 

b) Failure to provide a Phase 1 in.spection sign-off. 

c) Permitting the sign-off of all phases (8 total) of the AAIP, except Phase 1 and 

the 12 month inspection portion, to be accomplished by Keith Collins, a 
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person who was not a repair station inspector and who did not have return to 

service authority for the repair station, 

d) Failure to provide a 12 month inspection sign-off 

e) Failure to have the names entered of all mechanics that initialed each phase of 

the AAIP. 

f) Failure to complete the Skytrae ISAT, Tntellicast and Avionics Manual, 

Cables & Computer inspections found on the Avionics Final 

Inspection/Acceptance checklist. 

g) Failure to audit the records package to determine that all work had been 

inspected as required for compliance by AEI's Quality Control Manual, page 

8. 

15. Further investigation and inspection of N267AE'$ maintenance records disclosed 

that following the work performed by AEI's repair station the aircraft was recertified by a 

Designated Airworthiness Representative (DAR) and a Standard Airworthiness 

Certificate (SAC) was issued. The recertification process required AEI to submit a listing 

of aU modilluaiions done to the aircraft at the time in order for the SAC to be properly 

issued by the DAR. The following items were not listed, as required, that is, they were 

omitted on the application that AEI made for the issuance of a SAC: 

a) Reference to installation of S rC#SR09442RC, MRL Mounl. 
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b) Reference to installation of STC#SR09361RC, High Bar Mod. 

c) Reference to installation of STC#SR09441 RC, Litter Kit. 

d) Reference to installation of STC#SH3887NM, Cabin Heater System. 

e) Reference to installation of STC#SH227WE, Baggage Compartment 

Extension. 

16. AEI failed to complete a FAA Form 337, required for all major repairs or 

alterations performed on an aircraft, after the following alterations were performed on 

N267AE: 

a) Installation of STC#SH311OSO, Composite Baggage Door. 

b) Installation of STC#SRO 13 5 8AT, Baggage Door Retention Strap. 

c) Installation of STC#SROO044AT, Battery Door. 

d) Installation of STC#SR01494AT, Cyclic Support Safety Cover. 

e) Installation of STC#SH3289SO, Cabin Floor Protectors. 

I) Installalion of STC#SH200GL, Facet Filter Installarion. 

g) Installation of STC#SH296NM, Installation of Detroit Diesel Allison 250-
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C30P turbo shaft engine. 

III. 

1. By reason of the foregoing facts and circumstances, AEI violated the following 

sections of the Federal Aviation Regulations; 

a) §43.5(b), which states in relevant part that no person may approve for return 

to service any aircraft that has imdergone maintenance, preventative 

maintenance, rebuilding, or alteration, unless the repair or alteration form 

authorized by or furnished by the Administrator has been executed in a 

manner prescribed by the Administrator. 

b) §43.13(a), which states in relevant part that each person performing 

maintenance, alteration, or preventive maintenance on an aircraft, engine, or 

appliance shall use the methods, techniques, and practices prescribed in the 

current manufacturer's maintenance manual. 

c) §43.13(b), vvhich states in relevant part that each person maintaining or 

altering an aircraft shall do the work in such a manner that the condition of the 

aircraft or airframe worked on will be at least equal to its original or properly 

altered condition. 

d) §43.15(a)(1), which stales in relevant part that each person performing an 

inspection required by Pan 135 of this chapter, shall perform the inspection so 
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10 

as to determine whether the aircraft, or portions thereof imder inspection, 

meets all applicable airworthiness requirements. 

e) §43.15(a)(2), which stales in relevant part that each person performing an 

inspection required by Part 135 of this chapter, shall perform the inspection in 

accordance with the instructions and procedures set forth in the inspection 

program for the aircraft being inspected. 

f) § 145.207(a), which states in relevant part that a certificated repair station must 

follow a repair station manual acceptable to the FAA. 

g) § 145.211 (b), which .states in relevant part that repair station personnel must 

follow the quality control system when performing maintenance, preventative 

maintenance, or alterations under the repair station certificate and operations 

specificaiions. 

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

exceed $11,000 for each of the violations alleged. 

3. Under the facts and cu-cumstances of this ca.?e, a civil penalty of $25,000 is 

appropriate. 
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11 

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 

$25,000. 

Dated this 11th day of February, 2010. 

Respectfully submitted, 

A. Lester Haizlip 

Regional Counsel 

By: 

ark Caraacher-u. 

Senior Enforcement Attorney 

federal Aviation Administration 

901 Locust, Room 506 

Kansas City, MO 64106-2641 

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

Attorney for Complainant 

Answer 

Section 13.209(a) of the Rules of Practice in FAA Civil Penalty Proceedings states, "A 

respondent shall file a written answer lo the complaint, or may file a written motion pursuant to 

Section 13.208(d) or Section l3.218(f)(l-4) instead of filing an answer, not later than 30 days 

after service of the complaint. 

Section 13.209(f) states, "A person's failure to file an answer without good cause shall be 

deemed an admi.ssion of the truth of each allegation contained in the complaint. 
02/23/201 0 16:3 3 FAX 2024935142 FAA + DMS @|014/014 

12 

Air Evac, Inc., FAA Case No. 2007CE030008 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date placed in the United States mail, certified, return 

receipt requested, a copy of the Administrator's Complaint, addressed to: 

Mr. Colin Collins 

President and CEO 

Air Evac EMS, Inc. 

P.O. Box 768-306 Davis Drive 

West Plains, MO 65775 

Mr. James E. Ramsey, Esq. 

Cooling & Herbers P.C. 

2400 City Center Square 

1100 Main Street 

Kansas City, MO 64105 

In addition, I hereby certify that I have this date placed in the United States mail, 

certified, return receipt requested, the original and one copy, addressed to: 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2014 

Deborah L. Hcrvcy 

Legal Assistant 

Dated this 11th day of February, 2010.