U.S. Department ofTransportation Federal Aviation Administration 

# latE**~¥.9. '~**  Southern Region Office ofthe Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Re: Inthe Matter ofSmyrna Air Center FAA CaseNo. 2011CE190020 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200

# REC~I\l~D SEP 2 2 2014 

## HEARING DOCKET

Enclosedherewith please find a copy ofa request for hearing andthe original and one copy of the Complaint inthe above-referenced proceeding. The FAArequests thatthe hearing inthis matterbe held intheNashville, Tennessee area, and expects that the hearing will last one day. Please address all communications for the FAAto the undersigned, at: Federal AviationAdministration Office ofthe Regional Counsel, ASO-7 Southern Region 1701 Columbia Avenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely, 

# 1#..1}1**~** RYAN M. LANDERS Attorney Office ofthe Regional Counsel EnclosuresMink & Duke, PLLC

September 15, 2014 VIA FEDERAL EXPRESS- 8029 3463 8913 Federal Aviation Administration 600 Independence Avenue SW Wilbur Wright Building, Suite 2WIOOO Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430

Dear Sir/Madarn: RE: DocketNo. 2011CE190020 In Re: Our Client: Smyrna Air Center, Inc. Our File No: SAC-2258 Thomas F. Mink, ll


## ·--- P. 0. Box 198742 219 Second

**Av~:nue** Nonh, Suite 400 Ncoshv ilk. TN 37219-8742 Phone: (f:d Y1 256-·0 IT8

Fax: {615) 730-·5997

We are representing SmyrnaAir Center, Inc. in the above matter. We recently received a Final Notice ofProposed Civil Penalty issued to Smyrna Air Center, Inc. on August 27, 2014. Please constitute this letter as a request for hearing on behalfofSmyrna Air Center, Inc.,, as set forth in the Final Notice. As instructed, we are providing a copy ofthis request for hearing to attorney Ryan M. Landers, in the office ofRegional Counsel, Randy Ellen Hyman. If you have any questions regarding the request for a hearing, or require further informationfor the same, please do not hesitate to contact our offices.

Nashvllle • LawTenceburgFederal Aviation Administration September 15, 2014 Page 2

With kindest regards, I remain, Very truly yours, MINK & DUKE, PLLC By: 

# TktvM 

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# M.ft. II Thomas F. Mink, II

TFM/nw cc: Ryan M. LandersU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. SMYRNAAIR CENTER Respondent.
JUDGE NOT YETASSIGNED FAADocketNo. Judge

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. 1. OnAugust 27,2014, Respondent, SmyrnaAir Center was advised through a Final Notice ofProposed Civil Penalty that the FAA proposedto assess a civil penalty inthe amount of$28,600. On September 15,2014, the Agency Attorney received a written request for a hearing from the Respondent. II. 2. At all times material herein Smyrna Air Center, Inc. (SAC) was and is now the holder ofAirAgency (Repair Station) CertificateNo. RG4R491M. 3. SAC'sFAA approved Repair StationManual states:
a. The General Manager, Director of Avionics, Director of Maintenance, and Chieflnspectorwill annually reviewthe trainingprogram for needed changes; b. A current copy of SAC's training manual must be kept in the offices ofthe Director ofMaintenance and Director ofAvionics; and
c. The Chief Inspector of Maintenance will perfuHn the duties ofthe training director.

### 4. SAC'sFAA approved Training Program Manual requires the following:
a. SAC conduct an annual training needs assessment to determine SAC's overall training needs and individual employee training needs; b. Each supervisor must have a current copy of the training manual and thoroughly understand its contents;
c. The Director of Training will ensure that the training department regularly reviews relevant information for additional training needs; d. SAC's training program includes initial and recurrent doctrination training; and
e. When SAC hires a new employee or transfers an employee to a new job position, the employee's new supervisor and the training department must determine what training is needed to ensure +hat the employee's training record is updated to reflect the individual need assessment and training requirements. 5. In addition, SAC was required at all relevant times by its certificate and operations specifications to follow its FAA-approved Training ProgramManual. 6. Nevertheless, at all relevant times from January 24, 2011, until on or about April 14, 2011, SAC failed to follow its approved Training ProgramManual. 7. Specifically, neither the General Manager, Director of Avionics, Director of Maintenance, nor Chief Inspectorffraining Director knew at any relevant time that SAC had aFAA-approved Training Program Manual. 8. Neither the General Manager, Director ofAvionics, Director ofMaintenance, nor Chief Inspector/Training Director possessed at any relevant time a copy of the Training Program Manual, as required. 9. SAC failed to maintain a record showing that its employees competed SAC indoctrinationtraining, contraryto the Training Program Manual. 10. SAC failed to train its Director Maintenance, Director of Avionics, and Chief Inspector/TrainingDirector on SAC'sRepair Station Manual. 11. At all relevant times, SAC failed to maintain, document, or have available all required training records and evaluations of individual employee training, contrary to its Repair Station Manual, Training Program Manual, Part 145 certificate, and operations specifications.III. 

### 12. Byreason ofthe foregoing facts and circumstances, Respondent violatedthe following sections ofthe Federal Aviation Regulations:
a. Section 145.207(a) in that a certificatedrepair stationmust prepare and follow arepair stationmanual acceptable to the FAA. b. Section 145.151(b) in that a certified repair station must provide qualified personnel to plan, supervise, perform, and approve for return to service the maintenance, preventive maintenance, or altt>•"tions performed under the repair station certificate and operations specifications.
c. Section 145.151(d) in that a certified repair station must determine the abilities of its non-certificated employees performing maintenance functions based on training, knowledge, experience, orpracticaltests. d. Section 145.163(b) in that a certificated repair station's employee training program must ensure each employee assigned to perform maintenance, preventive maintenance, or alterations, and inspection functions is capable of performing the assigned task.
e. Section 145.163(c) in that a certificated repair station must document, in a format acceptable to the FAA, the individual employee training required under§ 145.163(a). 13. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subjectto a civil penalty notto exceed $11,000 for each ofthe violations alleged. 14. Under the facts and circumstances ofthis case, a civil penalty of$28,600 

### is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an orderthat Respondent be assessed a civilpenalty inthe amount of$26,800. 

### Respectfully submittedthis

## ~'-"" day ofSeptember, 2014.

Attorney Office ofthe Regional CounselPLEASE NOTE: Pursuantto Title 14 CFR Section 13.209(a), youare required to file a written answerto this Complaint, or a writtenMotionto Dismiss ifappropriate, not laterthan 30 days after the date shown onthe Certificate ofService whichfollows. CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complainthas beenmanedthis date by Certified Mail, ReturnReceiptRequested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 SmyrnaAir Center, Inc. c/o Neal Ropp, Accountable Manager 300 Doug Warpoole Road Smyrna, TN 37167 Thomas F. Mink, II, Esq. P.O. Box 198742

ashville, TN 37219-8742

eg ssistant ce ofthe Regional Counsel 

## IErt19 Dated (original

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Transportation Federal Aviation Administration Southern Regional Office, AS0-7

P.O.

Box 20636 Atlanta, Georgia 30320-0636 OFFICIAL MAIL 7014

1200 0001 1904 5173 Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur Wright Building
800 Independence Avenue, SW Washington, DC 20591 u·l::-, ·.2·::;::c·.:

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