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© 

U.S. Deporrment 

of Transportation 

Federol Aviation 

Administration 

OclobeT25, 2011 

CHRT) FIHD MAIL 

Federal Aviation Administration 

Hearing Docket 

Attn: Hearing Docket Clerk 

ACTC-43a Suite 2W1000 

Wilbin Wright Building 

600 Independence Avenue, S.W. 

Washington, D.C. 20591 

Office of the Chief Couneal 800 Independence Ave., S W. 

Washington, D.C. 20591 

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Re: In the Matter of AvDvne Aeroscrvices. LLC: FAA Case No. 2010EA270032 

In accordance with Section 13.208 of the Federal Aviation Administration's (FAA) Rules 

of Practice in FAA Civil Penalty Actions, 14C.F.R. §13.208, enclosed is the original and 

one copy of the Complaint in the above-referenced proceeding. 

The Complainant suggests that the hearing in this matter take place in Washington, D.C. 

We expect that the hearing will not lake more than one day. 

Please serve me with all documents in Tliis matter. 

Sincerely, 

Peter J. Lynch 

Assistant Chief Counsel 

For Enforcement 

tdmuria^Averman, III 

Attorney, Enforcement Division, AGC-300 

Office of the Chief Counsel 

(202)267-3147 

RECEIVED 

NOV - 1 2011 

HEARING DOCKET 

Enclosures 

Cc: Robert D. Schulte, Esquire 
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CERTIFICATE OF SERVICE 

I hereby cenify that on this date I have sent by U.S. mail, postage prepaid, certitled, one 

copy of this letter transiinitting CompJaint and copy of the ComplHinl in the Mancr of 

Administrator v. AvDyne Aeroscrvices, L.L.C., FAA Case No. 2010EA270032. addressed 

toRobcn D. Schulte 

Schulte Booth, P.C. 

3001 Elliot Street 

Baltimore, MD 21224 

In addition, I hereby certify thai on this date 1 have sent by U.S. mail, postage prepaid, 

certified, the original and one copy of the Complaint in the matter lo: 

Federal Aviation Administration 

Hearing Docket 

Attn; Hearing Docket Clerk 

AGC-430, Suite 2W1O00 

Wilbur Wright Building 

600 Independence Avenue, S.W. 

Washington, D.C. 20591 

Dated: October 25, 2011 

ikw._S<S^ 
11/03/201 1 10:i 4 FAX 202<1935142 FAA - DMS 0003/00 5 

UNITED STATtS DEPARTMENT OF TRANSPOR I ATI, 

FEDERAL .AVIAIJON ADMINISTRATION 

WASHINGTON, D.C. RECEIVED 

in the Maner of: 

) 

AVDYNE AEROSERVICES, LLC ) 

^ _ „ 1 

NOV - 1 2011 

HEARINC DOCKET 

FAA Case NO. 2O1OEA27O.032 

FAJ\ Docket No. ^_ _ 

Judge Not Assigned 

COMPLAINT 

The Complainant filts its complaint, under Rule 208 of the Rules of Praciicc in FAA 

Civil Penalty Actions, 14 C.F.R. § 13.208, and states the following: 

I 

On September 28, 2011, Respondent AvDyne Aeroscrvices, LLC, was advised 

through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil 

penalty in the amount of 518,150 for violations of the Federal Aviation Regulations. On 

October 5, 2011, Respondent submitted a written request to the FAA Hearing Docket for 

a hearing. 

II 

1. At ail times mentioned herein, AvDyne was the holder of air agency certificate 

number Y7NR985Y with repair station privileges, issued by ihe Federal Aviation 

Administration (FAA) under Part 145 of the Federal Aviation Regulations. 

2. On or about August 25, 2009, AvDyne performed maintenance on a Diamond 

Model DA20-C1 civil aircraft,'u.S.-RcgistraUonNo. N6350C. 

3. Specifically. AvDyne installed on civil aircraft N635DC a Continental Model 

No. 1024B engine (Ser. No. 806343) that had been newly overhauled by another person. 
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4. Incident lo AvDyne installing the engine on civil aircraft N635DC, as referenced 

in Paragraph No. 3, above, AvDyne inspected and approved both the engine and the 

aircraft for return to service. 

5. The starter installed on the engine referenced in Paragraphs No. 3-4, above, was 

a BC320-H model iniended for use only in home-built aircraft; it had neither FAA STC 

(supplemental type certificate) approval nor PMA (parts manufacturer approval), and was 

not approved for installation on a type-certificated aircraft. 

6. As a consequence of the facts and circumstances set forth in Paragraph Nos. 2-5, 

above, after AvDyne received the newly overhauled engine and installed it on civil 

aircraft N635DC, AvD>'ne failed to perform a proper inspection of the engine before it 

approved the engine and the aircraft for return to service. 

7. As a consequence of the facts and circumstances set forth in Paragraph Nos. 2-5, 

above, AvDyne personnel failed to adequately follow the repair station's quality control 

system required by 14 C.F.R. § ]45.2] 1(a) to ensure the airworihiness of an article on 

which ii performed maintenance. 

8. The Diamond Model DA20-C1 civil aircraft referenced in Paragraph No. 2, 

above, is a small aircraft of composite construction. 

9. At all times mentioned herein, AvDyne held neither an Airframe Class 1 rating, 

which would authorize it to perform maintenance on small aircraft of composite 

construction, nor a limited rating authorizing it to perform maintenance on Diamond 

aircraft of composite construction. 

By reason of the foregoing facts and circumstances, AvDjTie violated the following 

Federal Aviation Regulations: 

a. Section 145.5(a), in that AvDyne operated as a certificated repair 

station without, or in violation of, a rating issued under part 145; 

b. Section 145.211(b), in that AvDyne's personnel did not follow 

the repair station's quality control system required by section 

145.211(a) to ensure the airworthiness of an article on which it 

Performed maintenance; and 

c. Section 145.213(a), in that AvDyne failed to perform a proper 

inspection of the engine before it approved the aircraft for return 

to scr\'ice. 

1. Under 49 U.S.C. § 46301, AvDyne is subject to a civil penalty not to exceed 

Si 1,000 for each violation of the Federal Aviation Regulations. 
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Under the facts and circumstances of this case, a civil penally in the amount of 

$18,150 is appropriate. 

Complainant respectfully requests that the Admini.strative Law Judge enter an order 

that AvDyne be assessed a civil penally in Ihe amount of SI 8,150. 

Submitted this 25^ dav of October 2011. 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

By: 

EdmimdX^verman, -III 

Attorn ^ 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Phone: (202)267-3147 

Facsimile: (202)267-5106