# u.s. DEPARTMENT OF TRANSPORTATION

# R E

# cE

# 'vED OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION 

## MAY _ 5 2014

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. AVIONICS MASTERS, INC., Respondent. 

## HEARING DOCKET

DocketNo. FAA-2013-0288 FAA CaseNo. 2012S0190209
Judge Sullivan
SUPPLEMENT ON MOTION FOR SUMMARY JUDGMENT 

### Pursuant to the Judge's April 16, 2014 Order Setting Deadline for Filing Amended Complaint and Supplemental Materials, the FAA hereby files supplemental evidence in support of the proposed sanction of $7,150 1 

### In particular, attached is the declaration of David Dunn concerning the sanction selectionprocess and the sanction guidance applicable in this case.



### . j"'. Respectfully submittedthisL 

### I( day ofApril, 2014.

Attorney Office ofthe Regional Counsel

I The ordered copy oftheAmended Complaint with changes marked is'bbr.g filed separately.CERTIFICATE OF SERVICE I hereby certifY that a copy ofthe foregoing Supplement on Motion for Summary Judgment has been sent this date by the following methods: original and one copyvia certified mail: Federal AviationAdministration 800 Independence Avenue, S.W. Attention:Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 Washington, D.C. 20591
one copy via certifiedmail: MohammadAhmed Faruqui, Esq. Trial Lawyers Building 633 SE 3rdAvenue, Suite 4R Ft. Lauderdale, FL 33301 Honorable Judge J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590

DateU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. AVIONICS MASTERS, INC., Respondent. Docket No. FAA-2013-0288 FAA Case No. 2012S0190209
Judge Sullivan
DECLARATION OF DAVID DUNN David Dunn declares the following upon information and belief: 1. I am over the age of 18 and I understand the obligations ofan oath. 2. I am currently employed with the Federal Aviation Administration as a Regional Specialist at the Southern Regional Office in College Park, Georgia. 3. Part ofmy duties as a Regional Specialist include reviewing Enforcement Investigative Reports (EIRs) and recommending an appropriate sanctionin cases where legal action is warranted. 4. In determining an appropriate sanction, we must determine the number ofacts of violation. Inthis case, there is one act ofviolation, the improper maintenance by a repair station on a directional gyro that was beyond its ratings. 5. Having determined the nature and quantity ofthe acts ofviolation, we identifY the applicable recommendationfrom the sanction guidance table contained inAppendix B ofF AA Order 2150.3B or, ifthere is no directly applicable entry, the most applicable entry. Inthis case there is a directly applicable entry in Figure B-3-b(13), which concerns a repair station "Maintaining or altering an airframe, powerplant, propeller, instrument, radio, or accessory for which the repair station is not rated." The guidance provided is for a Maximum range civil penalty, or for a suspension or revocation ofthe repair station's air agency certificate. 6. Appendix B also identifies what the Maximum (or Moderate orMinimum) penalty range is for different types ofviolators. Respondent in this case is a small business and is an air agency (repair station). The Maximum penaltyrange is $7,150 to $11,000.
GOVERNMENT EXHIBIT 

# L7. According to Chapter 7 ofOrder 2150.3B, the default sanction is atthe midpoint ofthe applicable range, apoint which assumes a first-time violator and an inadvertent violation. Inthis case, the midpoint would be $9,075. 8. Mitigating and aggravating factors can then be applied to adjust the penalty within the range or, in rare cases, outside ofthe range. Inthis case, the sanction selected of$7,150 is at the bottom ofthe applicable penalty range. Further declarant sayeth naught. I, David Dunn, declare

# thi~'aay ofApril, 2014, pursuant to 28 U.S.C. 

### § 1746, under penalty ofperjuryunder the laws ofthe United States thatthe above statements are true and correct.