# UNITEDSTATESDEPARTMENTOFTRANSPORTATIO~ECEIVED FEDERAL AVIATION ADMINISTRATION 

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## 12013 HEARING 

## DOCKET FEDERAL AVIATION ADMINISTRATION FAA Case No. 2010SW290189 Complainant FAA Docket CP No.- To Be Assigned SOUTHWEST AIRLINES CO. Respondent Judge Not Assigned 

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FIRST AMENDED 

### COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its First Amended Complaint, pursuant to Ru1e 214 ofthe Rules ofPractice (14 C.F.R. 13.214), and states as follows: I. Respondent Southwest Airlines, Co., herein after referredto (SWA) was advised through a Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$74,000.00. On Aprill8, 2013, Respondent submitted a written request for a hearing. II. 1. Southwest Airlines Co. (SWA) holds Air Carrier Operating Certificate No. SW AA304A and Operations Specifications issued under Part 121 ofthe Federal Aviation Regulations (FAR) authorizing itto engage in schedu1ed passenger carrying operations as a domestic air carrier. 2. SWA's Operations Specifications, Paragraph D085 authorizes SWA to conduct operations underpart 121 using the following aircraft:

a. Boeing 737, civil aircraft no. N376SW b. Boeing 737, civil aircraft no. N385SW c. Boeing 737, civil aircraft no. N693SW. 3. At all times pertinent herein, SWA operated the aircraft alleged in paragraph 2 above in its Part 121 operations. 4. Airworthiness Directive (AD) 2009-09-07, requires repetitive overhaul ofthe retract actuator beam ofthe main landing gear (MLG). 5. AD 2009-09-07 is applicable to the aircraft listed in paragraph 2.6. AD 2009-09-07 required compliance with Boeing Service Bulletin 737-32A1355, revision 2, datedMarch 5, 2008, byinspecting for damage ofthe retract actuator beam and overhaul by doing all the applicable actions specified inthe Accomplishment Instructions of SB 737-32A1355. 7. SB 737-32Al355 (SB) required inspection and overhaul ofthe MLG retract actuator beam as given inFigure 2. 8. Figure 2, Step 18 ofSB required the installation oftwo newbushings, PartNumber, (PIN) 65-46150-48 on the MLG retract actuator beam. 9. Figure 2, Step 18, Note (x) in SB refers to ComponentMaintenance Manual (CMM) 32-16-31 as containing the data for fabrication ofoversize bushings, ifit becomes necessary to fabricate oversize bushing. 10. CMM 32-16-31 requires the fabricated bushings to be oversized per Figure 1A. 11. The top figure ofFigure 1A identifies the material ofbushing 65-46150-48 as 17-4PH (stainless steel), 180-200 KSI, and requires cadmiumplating in accordance with Standard Overhaul Practices Manual (SOPM) 20-42-05. 12. SOPM 20-42-05, paragraph4 G (2), required plating to the thickness of.0005 inch mrmmum. 13. SOPM 20-42-05, paragraph4.H(4)(d), also required PH steels, at 180 KSI or above, to be postbaked for 12 hours minimum, at 350 -400 degrees Fahrenheit. 14. SWAcontractedwithAviation Technical Services, Inc. (ATS), to perform maintenance onfour Boeing 737 MLG retract actuator beams necessary for compliance with AD 2009-09-07. 15. ATS subcontracted the cadmium plating ofthe fabricated oversized beam bushing to two FAAcertificated repair stations, HytekFinishes Company (Hytek) and ASKO Processing, Inc. (ASKO). 16. ATS Purchase Orders, issuedto Hytek and ASKO, informed both subcontractors to cadmiumplate the bushings using Aerospace Material Specification (AMS) QQ-P-416, instead of the required SOPM20-42-05. 17. SW A had four MLG retract actuator beams maintained and returned to service with fabricated and oversized bushings cadmium plated to a thickness of.0003 inch, as specifiedby AMS QQ-P-416, instead of.0005 minimum required by SOPM 20-42-05. 18. The four beams alleged in paragraph 17 were postbaked for eight hours, as specified by AMS QQ-P-416, instead ofthe twelve hours required by SOPM 20-42-05.19. Ofthe four MLGretract actuator beams, three were subsequently installed on the three SW A aircraft alleged inparagraph 2 contraryto the requirements ofAD 2009-09-07. 20. SW A operated the three aircraft withMLGretract actuatorbeams containing fabricated oversized bushings notmeetingthe cadmium plate thickness of.0005 inch minimum, and post-bake time oftwelve hours, as required by SOPM 20-42-05. 21. By reason ofthe foregoing, SW A violated the following sections ofthe Federal AviationRegulations (Title 14, Code ofFederal Regulations):

a. Section 39.7 inthat SWA operated three aircraft on scheduled passenger revenue flights at a time when the aircraft did not meetthe requirements ofan applicable airworthiness directive. b. Section43.13(a), inthat SWAmaintained, altered orperformed preventive maintenance, on an aircraft, engine, propeller, or appliance and failed to use the methods, techniques, and practices prescribed inthe current manufacturers maintenance manual or Instructions for ContinuedAirworthiness preparedbyits manufacturer, or other methods, techniques andpractices acceptable to the Administrator

III. 1. Under 49 U.S.C. §46301, SWA is subject to a civil penalty for each ofthe violations alleged. The maximumpenalty per violation is $25,000.00. 2. Under the facts and circumstances ofthis case, a civil penalty 

### of$74,000.00 is appropriate. Complainantrespectfully requests that the administrative lawjudge enter an orderthat Respondent SWA be assessed a civil penalty inthe amount of$74,000.00. Submitted this 5th day ofJune, 2013. ERIC E. ANDERSON Regional Counsel 

# Soufuw•"**~;o~** By: ' Yolanda Ayala Bernal Senior Attorney Safety Enforcement Branch Phone: (817)222-5070 FAX: (817) 222-5945 or 5092 e-mail: Yolanda.A.BernallaJ(aa. gov

### CERTIFICATE OF SERVICE I certify that the foregoing First Amended Complaint has been mailed this date by Certified Mail, Return Receipt Requested and by FAX, to: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000 TEL: (202) 385-8229 FAX: (202) 493-5142

and by Certified Mail, Return Receipt Requested to: Dane B. Jaques, Esq. McKenna Long & 

### Aldridge LLP 1676 International Drive, PH McLean, VA 22102 E-Mail: djagues(cilmckennalong.com TEL: (703) 336-8800 JeffreyNovota Attorney Southwest Airlines Co. Love Field P.O. Box 36611 Dallas, TX 75235-1611 TEL: (214) 792-4263

Syl a C. Twa, Paralegal Specialist Federal AviationAdministration Office ofthe Regional Counsel SouthwestRegion Date: June 05, 2013