UNITEDSTATESDEPARTMENTOFTRANSPORTATIO~ECEIVED FEDERAL AVIATION ADMINISTRATION JUN f 1 2013 

HEARING DOCKET 

FEDERAL AVIATION ADMINISTRATION FAA Case No. 2010SW290189 

Complainant 

FAA Docket CP No.- To Be Assigned 

SOUTHWEST AIRLINES CO. 

Respondent Judge Not Assigned /)Oi3 - OD57J 

FIRST AMENDED COMPLAINT 

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

Complaint, pursuant to Ru1e 214 of the Rules of Practice (14 C.F.R. 13.214), and states as 

follows: 

I. 

Respondent Southwest Airlines, Co., herein after referred to (SW A) was advised 

through a Notice of Proposed 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 of the Federal Aviation 

Regulations (FAR) authorizing it to engage in schedu1ed passenger carrying operations as a 

domestic air carrier. 

2. SWA's Operations Specifications, Paragraph D085 authorizes SWA to conduct 

operations under part 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 of the retract 

actuator beam of the 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, dated March 5, 2008, by inspecting for damage of the retract actuator beam and 

overhaul by doing all the applicable actions specified in the Accomplishment Instructions of 

SB 737-32A1355. 

7. SB 737-32Al355 (SB) required inspection and overhaul of the MLG retract actuator 

beam as given in Figure 2. 

8. Figure 2, Step 18 of SB required the installation of two new bushings, Part Number, 

(PIN) 65-46150-48 on the MLG retract actuator beam. 

9. Figure 2, Step 18, Note (x) in SB refers to Component Maintenance Manual (CMM) 

32-16-31 as containing the data for fabrication of oversize bushings, if it 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 of Figure 1A identifies the material of bushing 65-46150-48 as 17-4PH 

(stainless steel), 180-200 KSI, and requires cadmium plating in accordance with Standard 

Overhaul Practices Manual (SOPM) 20-42-05. 

12. SOPM 20-42-05, paragraph 4 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 post baked for 12 hours minimum, at 350 -400 degrees Fahrenheit. 

14. SWA contracted with Aviation Technical Services, Inc. (ATS), to perform 

maintenance on four Boeing 737 MLG retract actuator beams necessary for compliance with AD 

2009-09-07. 

15. A TS subcontracted the cadmium plating of the fabricated oversized beam bushing to 

two FAA certificated repair stations, Hytek Finishes Company (Hytek) and ASKO Processing, 

Inc. (ASKO). 

16. ATS Purchase Orders, issued to Hytek and ASKO, informed both subcontractors to 

cadmium plate the bushings using Aerospace Material Specification (AMS) QQ-P-416, instead of 

the required SOPM 20-42-05. 

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 specified by 

AMS QQ-P-416, instead of .0005 minimum required by SOPM 20-42-05. 

18. The four beams alleged in paragraph 17 were post baked for eight hours, as specified 

by AMS QQ-P-416, instead of the twelve hours required by SOPM 20-42-05. 
19. Of the four MLG retract actuator beams, three were subsequently installed on the three 

SW A aircraft alleged in paragraph 2 contrary to the requirements of AD 2009-09-07. 

20. SW A operated the three aircraft with MLG retract actuator beams containing 

fabricated oversized bushings not meeting the cadmium plate thickness of .0005 inch minimum, 

and post-bake time of twelve hours, as required by SOPM 20-42-05. 

21. By reason of the foregoing, SW A violated the following sections of the Federal 

Aviation Regulations (Title 14, Code ofFederal Regulations): 

a. Section 39.7 in that SWA operated three aircraft on scheduled passenger 

revenue flights at a time when the aircraft did not meet the requirements of an 

applicable airworthiness directive. 

b. Section43.13(a), in that SWAmaintained, altered or performed preventive 

maintenance, on an aircraft, engine, propeller, or appliance and failed to use the methods, 

techniques, and practices prescribed in the current manufacturers maintenance manual or 

Instructions for Continued Airworthiness prepared by its manufacturer, or other 

methods, techniques and practices 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 maximum penalty per violation is $25,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of$74,000.00 is 

appropriate. 

Complainant respectfully requests that the administrative law judge enter an order that 

Respondent SWA be assessed a civil penalty in the amount of$74,000.00. 

Submitted this 5th day of June, 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 

Jeffrey Novota 

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 Aviation Administration 

Office of the Regional Counsel 

Southwest Region 

Date: June 05, 2013