10/07/2010 11:26 4252271007 ANM7 PASE 02/06 

o 

U.S. Department Northwest Mountain Region 1601 Lind Avenue S.W. 

Of Transportation Colorado, Idaho, Montana, Renton, Washington 98057 

Federal Aviation Oregon, Utah. Washington, Tel: (425)227-2165 

Administration Wyoming Fax: (425) 227-1007 

Office of Regional Counsel DAVID,F,SHAYNE@FAA,GOV 

October?, 2010 

VIA Fascimile and Regular Mail ^ 

^—> J3— 1 

Attn: Hearing Docket Clerk, AGC-430 -^ "^S ^ 

Hearing Docket za^'z: 

Federal Aviation Administration 0 SirdTl' 

(Wilbur Wright Bldg -- Room 2Wl 000) „ o^% S 

800 Independence Avenue S.W. " ^*^' 

Washington, D.C. 20591 <^ 

Re: In the Matter of Aviation Specialties Unlimited, CP09NM0014 

FAA Case No. 2009NM110021 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of the 

Amended Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in Boise, Idaho, and expects that the 

hearing will la$t one (1) day. For scheduling ptiiposes counsel for the FAA is unavailable the 

following dates in year 2010. Februaiy 28. March 30 & 31, April 5 & 6, May 19 & 20, and 

June 10 through 22, 2010. 

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

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Telephone: 425,227.2165 

FAX: 425.227.1007 

Sincere! 

Davi!d. F. Shayne 

FAA Attorney 

Enclosures: Request for Hearing (Appeal) 

Amended Complaint 

cc: Richard A. Johnson, Esq. 

200 N 4'^ Street, Ste. 200 

Boise, Idaho 83702 
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DAVID. F.SHAYlSfE 

FAA OFFICE OF RBOIONAV, COIINSBL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: 425.227.2165 

FACSIMTLE; 425.227.1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASIHNGTON, D.C. 

In the Matter of: 

Aviation Specialties Unlimited 

FAA DOCKET CP09NM0014 

FAA Case No. 2009NM110021 

Judge Richard C. Goodwin 

Judge: Richard C. Goodwin 

SECOND AMENDED COMPLAINT 

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

Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as 

follows: 

I. 

On October 9, 2009, Aviation Specialties Unlimited, was advised through a Final Notice 

of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 

$11,000. On October 22,2009, Aviation Specialties Unlimited, through its legal counsel, 

submitted a written request for a hearing. 

II. 

1. Aviation Specialties Unlimited, Inc. [hereafter ASU], is now and at all times mentioned 

herein was the holder of FAA Repair Station Certificate UABR273K. 

2. ASU is authorized to operate pursuant to the issuance of a limited rating under 14 CFR 

145.61, and may therefore perform maintenance and alterations only on those aircraft 

makes and models specifically listed on ASU's acceptable capability list, after the 

SECOND AMENDED COMPLArNT 

FAA V. Avieition Specialties UoJimited 2009NMn002I 

PtL^c 2 of 5 

DAvm F, SHAYNE, F A A AiroRNEy 

TEL: 425.227,2165; FAX: 425.227.1007 
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S3 

4. 

5. 

capability list has been prepared in accordance with the procedures referenced in 14 CFR 

145.209(d) and 14 CFR 145.215. 

On or about January 9, 2009, ASU performed maintenance on a Sikorsky Helicopter, 

Model S76C, N753P, that included the installation of a supplemental lighting system and 

approved N753P for return to service. 

ASU performed the maintenance described in paragraph 3 when its capability list that was 

accepted at the time, did not include the Sikorsky Helicopter, Model S76C. 

As a result of the above, ASU altered an article for which it was not rated. 

m. 

1. By reason of the foregoing facts and circumstances, ASU violated the following 

section 145.201(b), of the Federal Aviation Regulations (14 CFR) in that it maintained or altered 

an article for which it was not rated. 

2. • In accordance with Section 46301 (a) and (d) of Title 49' of the United States Code 

(Transportation) [49 U.S.C, § 46301(a) and (d)], ASU is liable for a civil penalty not to exceed 

$11,000 for each of the violations noted. 

3. Under the facts ajid circumstances of this case, a civil penalty of $ 11,000 is 

appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that ASU be assessed a civil penalty in the amount of $11,000. 

Respectful)5>"subr^itted this 7'" day of October, 2010. 

DavidHT. Shayne 

FAA Attorney 

SECOND AMENDED COMPLAINT 

FAA V. Aviation SIpccialtics Unlimited 20I)9NM11002) 

Page 3 of 5 

DAVTD F. SHAYNF.. FAA ArroRMiY 

TEL; 425.227.2165; FAX: 425.227.1007 
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ANSWER 

In accordance with Section 13.209 of the Federal Aviation Regulations, ASU, must answer this 

Complaint not later than 30 days from the time it is served on it. Failure to file an Answer within 

30 days without good cause shall be deemed an admission of the truth of each aIlet?ation 

contained in the Complaint [14.C.F.R. 13.209(f)]. 

SECOND AMENDED COMPLAINT 

FAA V. Aviation Specialties Unlimited 2009NM110021 

Page 4 of 5 

DAVTD F. SHAYNU, FAA ATiORNBy 

TEL; 425,227,2165; FAX; 425.227.1007 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Second Amended Complaint has been served via facsimile and 

regular mail this date, to the following: 

Federal Aviation Administration (original and 1 copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

FAX: 202. 493.5020 

Honorable Richard C, Goodwin 

Admini-strative Law Judge 

Office of Hearings, M-20, Room 5411 

U.S. Department of Transportation 

400 Seventh Street, SW 

Washington, DC 20590 

Fax: 202.366.753(5 

Richard A. Johnson, Esq, 

200 N 4"" Street, Ste. 200 

Boise, Idaho 83702 

TEL: 208.344.1384 

FAX: 208.343,5200 

Dated this 7th day of October, 2010. 

lOlFAIR CHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2160 

SECOND AMENDED COMPLAINT 

FAA V. Aviation Speciaities Unlimited 2009NM110021 

Page 5 of 3 

DAVID K. SVJAYNE, FAA ATTORNEV 

TELr 425.227.2165; FAX: 425.227.1007