U.S. Department 

of Transportation 

Federal Aviation 

Administration 

M;? 1 '8 7014 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

ATTN: HEARING DOCKET CLERK 

1 Aviation Plaza 

Jamaica, NY 11434 

RECEIVED 

MAR 2 6 2014 

HEARING DOCKET 

Re: In the Matter of Mountain Air Cargo, Inc., 2013EA680043 

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

copy of the FAA's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Charlotte, NC, area 

and expects that the hearing will last two (2) days. 

Please address all communications for the Federal Aviation Administration to the 

attention of Zachary M. Berman, Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: Zachary 

Attorney 

M.BfD.1al1 ~ 

Enclosures 
Regional Counsel for the Eastern Region 

Federal Aviation Administration 

Dnte 3-/0-IL/ 

l A vlation Plaza 

Jamaica, NY 11434 

Mountain AJr cargo, Inc., 2013 EA680043 

Subject Fjnal Notice of Proposed Civil Penaltv 

ResMnse Attachment 

In reply to your Final Notice of Proposed 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 of the 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{, -!? 7D 0 

7 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. REcEIvED 

In the Matter of Mountain Air Cargo, Inc. 

2013EA680043 

Judge Not Assigned 

COMPLAINT 

MAR 2 6 2014 

HEARING DOCKET 

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

pursuant to Rule 208 of the Rules of Practice (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 FAA proposed to assess a civil penalty 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 

under part 121 of the Federal Aviation Regulations (FARs). 

3. At all times relevant herein, MTNA was required by its operations 

specifications (hereinafter "the operations specifications") to 
maintain 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 of the performance 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 carried 

out by the certificate holder or by another person. 

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) of other persons (maintenance 

providers) with whom it arranged to accomplish maintenance, 

preventive maintenance, or alterations for the certificate holder 

(hereinafter referred to as "approved vendor 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 relevant herein, 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 other maintenance. 

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 of performing the work that is consistent 

with the requirements of FAR 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 

referred to 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 of performing 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 North Lakewood, Tulsa, 

OK 7 4117 (hereinafter referred to 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 limited to, 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 MTNA to EZ2R on 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, shipped by MTNA to EZ2R on or about May 2, 20 12; 

(f) Right hand wing tip lens, shipped by MTNA to EZ2R on or about 

August 1, 2012; and 

(g) Left hand wing tip lens, shipped by MTNA to 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. MTNA thus 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, 

were performed in accordance with the certificate holder'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 carried out by the certificate holder or by 

another person. 

III 

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

following section of the Federal Aviation Regulations: 

a. Section 119 .5(1), which states that no person may operate an aircraft under 

this part, part 121 of this chapter, or part 135 of this chapter in violation of 

an air carrier operating certificate, operating certificate, or appropriate 

operations specifications issued under this 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 with the certificate holder'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 states that each certificate holder shall establish 

and maintain a system for the continuing analysis and surveillance of the 

performance 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 carried out by the certificate holder or by 

another person. 

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 of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $11,0000.00 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$11,000. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By zachary ~ ~l3!IIla!1 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

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 au answer (Section13.209(e)). 
CERTIFICATE OF SERVICE 

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

States mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed 

as follows: 

Mark A. Dombroff, Esq. 

McKenna Long & Aldridge 

1676 International Drive 

Penthouse 

McLean, VA 22102 

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 

'i u. : 1) 

Date: ______ _ c I 

Vnisa/ ooks 

'· Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434