U.S. Department 

of Transportation 

Federal Aviation 

Administration 

latE ~¥.9. '~ 

Southern Region 

Office of the 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: In the Matter of Smyrna Air Center 

FAA Case No. 2011CE190020 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

REC~I\l~D 

SEP 2 2 2014 

HEARING DOCKET 

Enclosed herewith please find a copy of a request for 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 the Nashville, Tennessee area, and 

expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the 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 of the Regional Counsel 

Enclosures 
Mink & Duke, PLLC 

September 15, 2014 

VIA FEDERAL EXPRESS- 8029 3463 8913 

Federal Aviation Administration 

600 Independence A venue SW 

Wilbur Wright Building, Suite 2WIOOO 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Dear Sir/Madarn: 

RE: Docket No. 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 3 7219-8742 

Phone: (f:d Y1 256-·0 IT8 

Fax: {615) 730-·5997 

We are representing Smyrna Air Center, Inc. in the above matter. We recently received a 

Final Notice of Proposed Civil Penalty issued to Smyrna Air Center, Inc. on August 27, 2014. 

Please constitute this letter as a request for hearing on behalf of Smyrna Air Center, Inc.,, as set 

forth in the Final Notice. 

As instructed, we are providing a copy of this request for hearing to attorney Ryan M. 

Landers, in the office of Regional Counsel, Randy Ellen Hyman. 

If you have any questions regarding the request for a hearing, or require further 

information for the same, please do not hesitate to contact our offices. 

Nashvllle • LawTenceburg 
Federal Aviation Administration 

September 15, 2014 

Page 2 

With kindest regards, I remain, 

Very truly yours, 

MINK & DUKE, PLLC 

By: TktvM f. M.ft. II 

Thomas F. Mink, II 

TFM/nw 

cc: Ryan M. Landers 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

SMYRNA AIR CENTER 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as follows: 

I. 

1. On August 27,2014, Respondent, Smyrna Air Center was advised through a Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 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 of Air Agency (Repair Station) Certificate No. RG4R491M. 

3. SAC's FAA approved Repair Station Manual states: 

a. The General Manager, Director of Avionics, Director of Maintenance, and 

Chieflnspector will annually review the training program for needed changes; 

b. A current copy of SAC's training manual must be kept in the offices of the 

Director of Maintenance and Director of Avionics; and 

c. The Chief Inspector of Maintenance will perfuHn the duties of the training 

director. 
4. SAC's FAA 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 Program Manual. 

6. Nevertheless, at all relevant times from January 24, 2011, until on or about April 

14, 2011, SAC failed to follow its approved Training Program Manual. 

7. Specifically, neither the General Manager, Director of Avionics, Director of 

Maintenance, nor Chief Inspectorffraining Director knew at any relevant time 

that SAC had a FAA-approved Training Program Manual. 

8. Neither the General Manager, Director of Avionics, Director of Maintenance, 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 

indoctrination training, contrary to the Training Program Manual. 

10. SAC failed to train its Director Maintenance, Director of Avionics, and Chief 

Inspector/Training Director on SAC's Repair 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. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

a. Section 145.207(a) in that a certificated repair station must prepare and follow 

a repair station manual 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, or practical tests. 

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 subject to a civil 

penalty not to exceed $11,000 for each of the violations alleged. 

14. Under the facts and circumstances of this case, a civil penalty of$28,600 is 

appropriate. 

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 $26,800. 

Respectfully submitted this ~'-"" day of September, 2014. 

Attorney 

Office of the Regional Counsel 
PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been maned this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Smyrna Air 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 of the Regional Counsel 

IErt19 

Dated 

(original + 1 copy) 
.-.. 

...,~ 'I!Jepar 'oi.h 

of 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:

'-"r

l;S 

Jl ,,, I ;i /; Jj 'I I I I i ;IJ J Jll· iJi i'' ',, i li I I i' i ,,, jJ j II I IIIII i IJ 1 I