U.S. Department of Transportation Federal Aviation Administration



### CERTIFIED Hearing Docket Federal Aviation Administration 800 Independence Avenue, S. W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilber Wright Building Suite 2W1 000 I I. 

## 22 800 Independence Ave., SW. 

### !**1** 

### B Washington, DC 20591 : j :'i 

### Area Code 202 267-7100



## JUfJ ;( 0 2012 

## EA iNG DOCKET 

# Foms**;);o/~-o'-17'/** Re: Aviation Repair Solutions,Jnc. FAA Case No.: 2011WP910331

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## CPP-/6'0'f'/. Enclosed herewith please find a copy ofa request for hearing and the original and one copy of the Complaint in the above..:referenced proceeding. The FAA requests that the hearing in this matter be held in Los Angeles, CA, and expects that the hearing will last one day. Please address all communications for the FAA to the undersigned at: Office ofthe ChiefCounsel 800 Independence Avenue, S.W. Washington, D.C. 20591 Ph: 202-267-7100 Fax: 202-267-5106 E-mail: michael.f.mckinley@faa.gov

Enclosures: · Request for Hearing Complaint
cc: Respondent (w/copy ofComplaint) Sincerely,

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# ft/_44; Michael F. McKinley Senior AttorneyTELEPHONE (626) 405-1122 FACSIMILE (626) 405-8966 

### GmsoN RIVERA & TOMS 

### LLP LAWYERS 527 SOUTH LAKE AVENUE, SUITE 105 PASADENA, CALIFORNIA 91101
June 11, 2012 YIA FEDERALEXPRESS Fedeni1

# AviationAdniinistrition 600 IndependenceAvenue, SW Wilbur Wright Building-Suite 2W1000 Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 E-MAIL ADDRESS rtoms@grtlaw.net

Re: FAAv. Aviation Repair Solutions, Inc., Case No. 2011WP910331 Dear SirorMadam: Thepurpose ofthis letter is to request a hearingwithrespect to theFinalNotice of Proposed Civil Penaltydated June4, 2012, a copy ofwhich is attached forreference. Aviation Repair Solutions, Inc. respectfully submits that (1) it is not liable for a penalty in the circumstances ofthis matter, (2) 

### any penalty should be in 

### an a:w...ount less than $7,000, and (3) a,nypenalty shouldbepayable without findings ofviolation. Additionally, Aviation Repair Solutions, Inc. respectfully requests that the hearing occurinLosAngeles.

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### Ill Ill Ill Ill Ill Ill Thankyou for 

### your attention to this matter.

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# I 2020f2 IN THE MATTER OF 

## AviAtiON REPAIR. sotuti6Ns,·rnc. FAA DOCKET NO. (not assigned) (Civil Penalty Action) DMS NO. (not assigned) FAA CASE NO. 2011WP910331

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I 1. On June 4, 2012, Aviation Repair Solutions, Inc. (Respondent) was advised through a Final Notice ofProposed Civil Penaltythat the FAA proposed to assess a civil penalty inthe amount of$7,000.00. On June 11, 2012, Respondent submitted a written request for a hearing. 2. Respondent is, and at all times mentioned herein was, the holder ofpart 145 repair station certificate number ZY3R041M, which allowed Respondent to repair and overhaul various parts and assemblies, including aircraft thrust reverser cylinders. 3. At all times mentioned herein, Respondent was subjectto Operations Specifications paragraphA449, which certifies that Respondent complies with the Department ofTransportation ("DOT") Antidrug and Alcohol Misuse Prevention Programrequirements found at 14 C.P.R. part 120 and 49 C.P.R. part 40
.. 4. At all times mentioned herein, 14 C.P.R § 120.7(£) defined "covered employee" as an

.. individualwho performs, either directly orby.contract, a safety,sensitive function.

5. At all times mentioned herein, 14 C.P.R.§ 120.70) defined "hire" as retaining an individual for a safety-sensitive function as a paid employee, as a volunteer, or through barter or other form ofcompensation. 6. At all times mentioned herein, 14 C.P.R.§ 120.7(k) defined "performing" as any time during which an employee is actually performing, ready to perform, orimmediately available to perform a safety-sensitive function. 

### 2

7. At all times mentioned herein, 14 C.P.R. § 120.105 defined "safety-sensitive function" to include performing aircraft maintenance and preventative maintenance duties. 8. Under 14 C.P.R. § 120.105, each Respondent employee performing a safety-sensitive function, including any assistant, helper, or individual in a training status who performs aircraft maintenance andpreventative maintenance duties for Respondent directly or by contract (including by subcontract at any tier) must be subject to drug testing under an antidrug program implemented in accordance with 14 C.P.R. part 120, subpart E. This includes full-time, parttime, temporary, and intermittent employees regardless ofthe degree ofsupervision. 9. Under 14 C.P.R. § 120.215(a), each Respondent employee performing a safety-sensitive function, including any assistant, helper, or individual in atraining status who performs aircraft maintenance andpreventative maintenance duties for Respondnet directly or by contract (includingby subcontract at any tier) must be subject to alcohol testing under an alcohol testing

### 3 program implemented in accordance with 14 C.F.R. part 120, subpart F. This includes full-time, part-time, temporary, and intermittent employees regardless ofthe degree ofsupervision. 10. On June 24, 2011, the Federal Aviation Administration ("FAA") initiated an investigation

...ofRespondent's drug and alcoholtesting. program,.because an inspection ofthe Antidrug and

Alcohol Misuse Prevention Program at Magorien Honing and Hydraulics, aka Dave Magorien Co. ("Magorien") showed that Respondent was subcontracting safety-sensitive maintenance work to Magorien. The FAA's investigation ofRespondnetrevealed the following:
a. Respondent subcontracted with Magorien Honing and Hydraulics to perform aircraft maintenance and preventative maintenance duties, a safety-sensitive function, for Respondent; b. Respondent failed to verify whether Magorien had a DOT Antidrug and Alcohol Misuse Prevention Program in compliance with 14 C.F.R. part 120 and 49 C.F.R. part 40 before contracting with it to perform aircraft maintenance and preventative maintenance for Respondent;
c. At all times mentioned herein, Magorien did nothave a DOT Antidrug and Alcohol Misuse Prevention Programthat complied with 14 C.F.R. part 120 and 49 C.F.R. part 40; d. Before March 18, 2010, Magorien did not have an FAA contractorregistration number, which would allow Magorien to perform safety-sensitive maintenance work;
e. Magorien obtained an FAA contractor registration number on March 18, 2010; f. OnMarch 12, 2010, Magorien performed safety-sensitive maintenance work as a subcontractor for Respondent when Magorien employee Doyle House "honed" one oftwo

### American Airlines, Inc. cylinders thatRespondent had sent to Magorien onpurchase orders A-120796 and A-120947; g. Between March 12, 2010 and March 18, 2010, Magorien returned a second 

### 4

AmericanAirlines, Inc. cylinder to Respondent to have an**o~ring**

### removed.before honing the cylinder; h. On March 18,2010, Magorien completed maintenance work on the second American Airlines, Inc. cylinder under purchase order A-120947;
1. 

### Magorien billed Respondent for the repairs ofboth American Airlines, Inc. cylinders oninvoice number 102033. II By reason ofthe foregoing facts and circumstances, Respondent violated the following Federal Aviation Regulations: 1. 14 C.F.R. § 120.105, 

### in that ARS failed to ensure that all employees who, either directly orby contract, performed aircraft maintenance and preventative maintenance duties for ARS were subject to drug testing under an antidrug program implemented in accordance with 14 C.F.R. part 120, subpart E; 2. 14 C.F.R. 

### § 120.215(a), 

### inthat ARS failed to ensure that all employees who, either directly or by contract, performed aircraft maintenance and preventative maintenance duties for ARS were subjectto alcohol testing under an alcohol testing program implemented in accordance with 14 C.P.R. part 120, subpart F.

### 5

Pursuantto Title 49 ofthe United States Code, Section 46301, Respondent is subjectto a civil penalty not to exceed $11,000 for each violation a:lleged. Under the facts and circumstances ofthis case, a civil penalty of$7,000.00 is appropriate.
WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative LawJudge enter an Order that Respondent be assessed a civil penalty in the amount of $7,000.00. Respectfully submitted this 18th day ofJune, 2012.

Senior Attorney Office ofthe ChiefCounsel 800 Independence Avenue, S.W. Washington, D.C. 20591 Ph: 202-267-7100 Fax: 202-267-5106 E-mail: michael.f.mckinley@faa.gov**---------------~~~~~~~~~~~----------------.** 

### 6 I hereby certify thatthe foregoing Complaint has been mailed this date by Certified Mail, Return Receipt Requested, to: Original and One Copy:

One Copy: Hearing Docket Federal Aviation Administration 800 Independence Avenue, S·; W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilber Wright Building Suite 2Wl000

Robert 

### L. Toms, Jr. Gibson Rivera & Toms, LLP 527 SouthLake Avenue, Suite 105 Pasadena, California 91101

Dated this 18th day ofJune, 2012.