U.S. Department ofTransportation Federal Aviation Administration 

### M;? 1'8 7014 Eastern Region Regional Counsel Telephone: 718 553-3258 Facsimile: 718 995-5699

CERTIFIEDMAIL- RETURNRECEIPT REQUESTED Federal AviationAdministration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: HearingDocket Clerk, AGC-430 WilburWrightBuilding- Room 2014 ATTN: HEARINGDOCKET CLERK 1 Aviation Plaza Jamaica, NY 11434 

# RECEIVED MAR 262014 

### HEARING DOCKET

Re: In the MatterofMountainAir Cargo, Inc., 2013EA680043 Enclosedherein please tlnd a copy ofa request for hearing and the original and one copy ofthe FAA's Complaint in the above-entitled action for filing, together with proofofserviceuponthe Respondent. The FAA requests that the hearing in this matter be held in the Charlotte, NC, area andexpects thatthehearingwilllasttwo (2) days. Please address all communications for the Federal Aviation Administration to the attention ofZachary M. Berman, Office ofthe Regional Counsel, 1 Aviation Plaza Jamaica, NY 11434. Sincerely, AlfredR. Johnson, Jr. Regional Counsel

By:

# ~ Zachary

## M.BfD.1al1 Attorney EnclosuresRegional Counsel for the Eastern Region Federal Aviation Administration Dnte 

### 3-/0-IL/
l Avlation Plaza Jamaica, NY 11434 Mountain AJrcargo, Inc., 2013EA680043 Subject Fjnal Notice ofProposed Civil Penaltv ResMnse Attachment In reply to your Final Notice ofProposed Civil Penalty Mountain Air Cargo, Inc. elects to proceed as indicated by its check mark beside the numbered paragraph below: I. U Mountain Air Cargo, Inc. hereby submits the amount ofthe proposed civil penalty with the understanding that an Order Assessing Civil Penalty will be issued in that amount. 2.

### ~Mountain Air Cargo, Inc. hereby requests a formal hearing in accordance with Section 13.16 of the Federal Aviation Regulations. By sending !his form to the**Feder~l** Aviation AliministratiO!I, Eastern Region, Mountain Air Cargo, Inc. also hereby certifies that n copy of this rorm has been Jiled with the Hearing Docket Clerk (Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 924A,Washington, DC 20591, Attention: Hearing Docket Clerk). ** Pfease note that Mountain Air Cargo (nc will not be entitled to a hearing if it files thjs fonn with the Federal Aviation Admlnistrnljoo Eastern Region WITHOUT haying filed this form or a written request for a hearing with the HEARING DOCKET rum;._

Name: Finn:**Address:_--"'7,j~T:;C'::':~-;';'5,** Phone No. --"-"-'=-=c.::::::...:cL-_:_:.! 7o3-3p{, -!? 7D0

7U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# REcEIvED

Inthe Matter ofMountainAir Cargo, Inc. 2013EA680043 Judge Not Assigned

COMPLAINT 

### MAR 262014 

### HEARING DOCKET

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I Respondent, Mountain Air Cargo, Inc., was advised through a Final Notice of Proposed Civil Penalty that the FAAproposedto assess a civilpenalty in the amount of $11,000.00. On March 13, 2014, Respondent mailed a written demand for a hearing. II

1. Mountain Air Cargo, Inc. (MTNA) is the holder of air earner certificate number MTNA123B. 2. At all times relevant herein, MTNA operated aircraft in operations underpart 121 ofthe Federal Aviation Regulations (FARs). 3. At all times relevant herein, MTNA was required by its operations specifications (hereinafter "the operations specifications") tomaintain the aircraft that it operated under its Continuing Analysis and Surveillance System (CASS). 4. At all times relevant herein, the CASS required compliance with FAR 121.373(a), which states that each certificate holder shall establish and maintain a system for the continuing analysis and surveillance ofthe performance and effectiveness of its inspection program and the program covering other maintenance, preventive maintenance, and alterations and for the correction ofany deficiency in those programs, regardless ofwhether those programs are carried outbythe certificate holder orby anotherperson. 5. At all times relevant therein, under the operations specifications, MTNA was required to comply with FAR 121.369(a) and to maintain a list (by name and location) ofother persons (maintenance providers) with whom it arranged to accomplish maintenance, preventive maintenance, or alterations for the certificate holder (hereinafterreferredto as "approvedvendor list"). 6. At all times relevant herein, MTNA was authorized under the operations specification to include both essential maintenance providers and non-essential maintenance providers. 7. At all times relevantherein, essential maintenance was defined in the operations specifications as any Required Inspection Item on-wing accomplished after any maintenance or alteration, whereas nonessential maintenance was defined as othermaintenance. 8. At all times relevant herein, under the operations specifications, MTNA was required to demonstrate, through an on-site audit or by some other means in accordance with FAR 121.373(a), that each nonessential maintenance provider in the approved vendor list has an adequate organization, adequate facilities and equipment, competent personnel and is capable ofperforming the work that is consistent withthe requirements ofFAR 121.367. 9. At all times relevant herein, one of the nonessential maintenance providers included in the approved vendor list of MTNA was NORDHAM GROUP INC., certified repair station number EZ2R 812K, located at 11200 E. Pine Street Tulsa, OK 74116 (hereinafter referredto as "EZ2R").10. At all times relevant herein, MTNA failed to ensure that EZ2R had an adequate organization, adequate facilities and equipment, or competent personnel, and was not capable of performing the maintenance contracted out by MTNA in accordance with the requirements ofFAR 12.367. 11. At all times relevant herein, in fact, EZ2R did not have an adequate organization, adequate facilities and equipment, or competent personnel, and was not capable of perfonning the maintenance contracted out by MTNA in accordance with the requirements of FAR 12.367. 12. At all times relevant herein, instead ofperforming the maintenance contracted out by MTNA, EZ2R would arrange with another maintenance provider to perfonn the maintenance, specifically the NORDHAM GROUP INC. Transparency Division, certified repair station number EZ22 812K, located at 7018 NorthLakewood, Tulsa, OK 74117 (hereinafterreferredto as "EZ22"). 13. At all times relevant herein, EZ22 was not on the approved vendor list ofMTNA. 14. The maintenance contracted out by MTNA to EZ22 included, but was not limitedto, maintenance on the following parts: (a) Left hand wing tip lens, shipped by MTNA to EZ2R on or about August 15, 2011; (b) Right hand landing light cover, shipped by MTNAto EZ2Ron or about August 25, 2011; (c) Landing light cover, shipped by MTNA to EZ2R on or about October 14, 2011; (d) Right hand landing light lens, shipped by MTNA to EZ2R on or about February 3, 2012; (e) End cap, shippedby MTNA to EZ2R on or aboutMay 2, 2012; (f) Right hand wingtip lens, shipped by MTNAto EZ2R on or about August 1, 2012; and (g) Left hand wing tip lens, shipped by MTNAto EZ2R on or about August 18, 2012;(h)End cap, shipped by MTNA to EZ2R on or about September 26, 2012; (i) Left hand wing tip lens, shipped by MTNA to EZ2R, or about May 8, 2013; U) Right hand wing tip lens, shipped by MTNA to EZ2R, or about May 13, 2013. 15. MTNAthus failed to comply with the operations specifications. 16. MTNA thus failed to ensure that maintenance, preventive maintenance, and alterations perfonned by it, or by other persons, wereperformed in accordance with the certificateholder's manual. 17. MTNA thus failed to establish and maintain a system for the continuing analysis and surveillance of the perfonnance and effectiveness of its inspection program and the program covering other maintenance, preventive maintenance, and alterations and for the correction of any deficiency in those programs, regardless of whether those programs are carriedout by the certificate holder orby anotherperson.

III By reason of the foregoing facts and circumstances, Respondent violated the following section ofthe Federal Aviation Regulations:

a. Section 119.5(1), which states that no personmay operate an aircraftunder this part, part 121 ofthis chapter, orpart 135 ofthis chapterin violation of an air carrier operating certificate, operating certificate, or appropriate operations specifications issued underthis part. b. Section 121.367(a), which states that each certificate holder shall have an inspection program and a program covering other maintenance, preventive maintenance, and alterations that ensures that maintenance, preventive maintenance, and alterations perfonned by it, or by other persons, are performed in accordance withthe certificateholder's manual.c. Section 121.367(b), which states that each certificate holder shall have an inspection program and a program covering other maintenance, preventive maintenance, and alterations that ensures that competent personnel and adequate facilities and equipment are provided for the proper performance of maintenance, preventive maintenance, and alterations. d. Section 121.373(a), which statesthat each certificate holder shall establish and maintain a system for the continuing analysis and surveillance ofthe performance and effectiveness ofits inspection program and the program covering other maintenance, preventive maintenance, and alterations and for the correction of any deficiency in those programs, regardless of whether those programs are carried out by the certificate holder or by anotherperson.

IV

1. Pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil penalty not to exceed $11,000 for each ofthe violations alleged. 2. Under the facts and circumstances ofthis case, a civil penalty of$11,0000.00 is appropriate.

WHEREFORE, the FAA, by counsel, respectfully requests that the AdministrativeLawJudge enter an orderthat Respondentbe assessed acivil penaltyinthe amount of$11,000. Respectfully submitted, AlfredR. Johnson, Jr. Regional Counsel

By

# ~ zachary

### ~l3!IIla!1 Attorney FederalAviationAdministration 1AviationPlaza Jamaica, NY 11434 718 553-3258 718 995-5699

NOTE: The Rules of Practice for this proceeding are set forth in Part 13, SubpartG, oftheFederalAviation 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 ofService. A general denialis deemed a failure to file au answer (Section13.209(e)).CERTIFICATE OF SERVICE I hereby certifY that the foregoing Complaint has beenplaced this date in the United States mail, postageprepaid, by CertifiedMail

- ReturnReceiptRequested addressed as follows: MarkA. Dombroff, Esq. McKennaLong & Aldridge 1676 International Drive Penthouse McLean, VA 22102 Federal AviationAdministration (Original and one copy) 800 IndependenceAvenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Room2014**~IF** FILING BYFEDERALEXPRESS Federal AviationAdministration (Original and one copy) 600 Independence Avenue, SW Wilbur WrightBuilding- Room 2014 Washington, DC 20591 Attn: HearingDocketClerk, AGC-430

'i u. : 1) Date:

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c I Vnisa/ ooks '· Paralegal Specialist FederalAviationAdministration Office ofRegional Counsel 1AviationPlaza Jamaica, NY 11434