11/05/201 0 16:5 4 FAX 2024935142 FAA + DMS glOOI/00 7 

& 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3268 

Facsimile: 716 995-5699 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

.OC T 2 6 2010 

CERTIHED MAIL - RETURN RECEIPT REOUESTHD 

Federal Aviation Administration 

BOO Independence Avenue, S.W. 

Washington, D C 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

DEPARTMENT OF 

, IR/ANSPORWIO N 

1 Aviation Pla2^a,/'J<E f OPERATIONS 

Jamaica, NY 11434 

n ^ ^:0V - 8 A 0 01 

ATTN: HEARING DOCKET CLERK CP|t)f A iJbi^/o/OfO ^ /^7 ^ 

Re: In the Matter of NEBO Aviation Services, LLC 

Docket No. 2009EA030038 

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

copy of the FAA'S Complaunt in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FA A requests diat the hearing in this matter be held in the Tampa, PL area, and 

expects that the hearing will last one (1) day. 

Please address all communications for the Federal Aviation Administration to the 

attention of Stephen W. Brice, Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

StepriBn W. Brice 

Attorney 

Enclosures 

cc: AEA230(b)/-FSDO ^^^~()J 
11/05/201 0 1G;55 FAX 2024935142 FAA * DMS @l002/007 

U.S. DEPARTMENT OF TRANSPORl AITON 

FEDERAL AVL\TION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of NEBO Aviation Services, LLC 

2009EA030038 

Judge Not Assigned 

COMPLAINT 

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

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

follows: 

I 

Respondent, NEBO Aviation Services, LLC, was advised through a Final Notice of 

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

of $22,000. On October 15, 2010, Respondent submitted a written demand for a 

hearing. 

II 

1. Nebo Aviation Services, LLC is the holder of Air Agency certificate 

number N1OR037B. 

2. On or about May 5, 2008, Nebo Aviation Services, LLC perfotmed 

the installation of a Garmin 530 Global Positioning System (GPS) 

Wide Area Augmentation System ("WAAS" or "Garmin 530W") 

upgrade for a Cessna 550 Citation aircraft, identification number 

N744AT. 
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3. Nebo Aviation Services, LLC approved aircraft N744AT for return to 

service through a Form 337 for a major alteration following the 

WAAS upgrade installation described in the previous paragraph. 

4. Nebo Aviation Services, LLC accomplished the WAAS upgrade 

installation described above referring to Supplemental Type 

Certificate (SIC) SA01933LA. 

5. The Garmin STC Upgrade Instruction Manual ("Upgrade Manual") 

for the installation of upgraded 400W and 500W series Gannin units 

pertains to the WAAS upgrade installation described above. 

6. As set forth in the Upgrade Manual, STC SA01933LA can only be 

used if the intended aircraft and existing installation are pre-qualificd 

as per the listing of aircraft models on the Approved Model List 

("AML"") attached to the STC, and other airworthiness approval is 

needed for unlisted aircraft. 

7. The Cessna 550 is not listed on the AML attached to STC 

SA01933LA. 

8. Nebo Aviation Services, LLC did not obtam airworthiness approval 

for the WAAS upgrade installation it performed for aircraft N744AT, 

as described above, prior to approving the aircraft for remm to 

service. 

9. In connection with the performance of tlie WAAS upgrade 

installation described above, Nebo Aviation Services, LLC interfaced 

the Garmin 530W with an existing Honeywell SPZ-500 autopilot 

installation. 

10. Nebo Aviation Services, LLC coupled the Garmin 530W with the 

Honeywell SPZ-500 autopilot for the purpose of vertical guidance for 

GPS approaches under instrument flight rules. 

IL Nebo Aviation Services, LLC accomplished the interfacing of the 

Gannin 530W with the Honeywell SPZ-500 autopilot, as described 

above, referring to STC SA01933LA as the basis for the installation. 

12. As set forth in the Upgrade Manual, STC SA01933LA can be used 

for coupling the Garmin 530W with an autopilot for vertical 

guidance only if the autopilot is specifically listed in the AML 

attached to the STC as identified in Appendix G of the 400W Series 

2 
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or 500W Series Installation Manual, and separate FAA approval is 

required for unlisted autopilots. 

13. The Honeywell SPZ-500 autopilot is not listed among the equipment 

approved for WAAS upgrades pursuant to STC SA01933LA. 

14. Nebo Aviation Services, LLC did not obtain airworthiness approval 

for the WAAS interfacing of the WAAS upgrade with the Honeywell 

SPZ-500 autopilot, as described above, prior to approving the aircraft 

for return to service. 

15. The Cessna 550 Citation, N744AT, is a Part 25 Transport Category 

aircraft. 

16. STC SA01933LA does not list any Part 25 aircraft in the AML. 

17. In installing the WAAS upgrade described above, Nebo Aviation 

Services, LLC failed to recognize that aircraft N744AT is a Part 25 

Transport Category aircraft. 

18. In accomplishing the WAAS upgrade installation described above, 

Nebo Aviation Services, LLC approved aircraft N744AT for return to 

service after a major alteration while failing to perfomi that major 

alteration in accordance with applicable approved technical data. 

19. Upon discovery of the WAAS upgrade installation as described above 

in or or about March 2009, the Orlando Flight Standards District 

Office imposed a limitation restricting use of the Garmin 530W in 

aircraft N744AT to operations conducted under visual flight rules 

only. 

20. In accomplishing the WAAS upgrade described above, Nebo Aviation 

Services, LLC performed maintenance, alteration, or preventive 

maintenance on an aircraft, engine, propeller, or appliance while 

failing to use use the methods, techniques, and practices prescribed in 

the current manufacturer's maintenance manual or Instructions for 

Continued Airworthiness prepared by its manufacturer, or other 

methods, techniques, and practices acceptable to the Administrator. 

21. In accomplishing the autopilot interface described above, Nebo 

Aviation Services, LLC approved aircraft N744AT for return to 
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service after a major alteration while failing to perform that major 

alteration in accordance with applicable approved technical data. 

22. In accomplishing the autopilot interface described above, Nebo 

Aviation Services, LLC performed maintenance, alteration, or 

preventive maintenance on an aircraft, engine, propeller, or appliance 

while failing to use use the methods, techniques, and practices 

prescribed in the current manufacturer's maintenance manual or 

Instructions for Continued Airworthiness prepared by its 

manufacturer, or other methods, techniques, and practices acceptable 

to the Administrator. 

Ill 

By reason of the foregoing facts and circumstances, Respondent violated the 

following section(s) of the Federal Aviation Regulations: 

a, Section 145.201(c)(2), which states that a certificated repair station 

may not approve for retum to service any article after a major repair or 

major alteration unless the major repair or major alteration was 

performed in accordance with applicable approved technical data. 

Section 43.13(a), which slates that each person performing 

maintenance, alteration, or preventive maintenance on an aircraft, 

engine, propeller, or appliance shall use the methods, techniques, and 

practices prescribed in the current manufacturer's maintenance manual 

or Instructions for Continued Airworthiness prepared by its 

manufacturer, or other methods, techniques, and practices acceptable 

to the Administrator, except as noted in §43.16. He shall use the tools, 

equipment, and lest apparatus necessary to assure completion of tlie 

work in accordance with accepted industry practices. If special 

equipment or test apparams is recommended by the manufacturer 

involved, he must use that equipment or apparatus or its equivalent 

acceptable to the Administrator. 
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IV 

1, Pursuant to 49 U.S.C. §46301(a)(l), Respondent is subject to a civil penalty not 

to exceed $25,000 for each of the violations alleged, or, for a small business concern, 

pursuant to 49 U.S.C. §4630l(a)(5), Respondent is subject to a civil penalty not to 

exceed $11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalt)' of $22,000 is 

appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of $22,000. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: (^A-O^- C 

Stephen W. Brice 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3268 

718 995-5699 
11/05/201 0 1G:55 FAX 2024935142 FAA ^ DMS 0007/00 7 

NOTE; 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must 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. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 

CERTIFICA IT. OF SERVICE 

I hereby certify that the foregoing Complaint has been placed this date in the United States 

mail, postage prepaid, by Certified Mail - Retum Receipt Requested addressed as follows: 

Gregory S. Winton 

Aviation Law Experts , LLC 

One Research Court, Suite 450 

Rockvillc, MD 20850 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W, 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC.430 

Wilbur Wright Building - Room 2014 

-IF FILING BY FEDERAL EXPRESS 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building - Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Date: OCT 2 6 ^010 /^^(/j^ - /MpUi^ic^ 

Maiyaru^fJ^Ii gnone U 

Legal Technician 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

6