U.S. Department ofTransportation Federal Aviation Administration 

## MAR 1 9 2014 Southern Region Office of the Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 P.O. Box 20636 Atlanta, Georgia 30320

# REG~tV~D MAR 

## 24 2014 HEARING DOCKET

Re: In the Matter ofPuerto Rico Police Department }_ \ FAA Case No. 2011S0190181 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 the San Juan, Puerto Rico area, and expects that the hearing will lasttwo days. Please address all communications for the FAAto the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,

# ~~ CHRISTOPHERR. STEVENSON Attorney Office ofthe Regional Counsel EnclosuresOS-2-0AL-NAS-052
CERTIFIED MAIL
March 13,2014
Federal Aviation Administration 800 Independence Avenue SW Wilbur Wright Building Suite 2W 1 000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 

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### MAR I 

### 7 2014 ' f/\4**,~:;;** -\_;L\·-""

REQUEST FOR A HEARING: CASE 2011S0190181 The Puerto Rico Police Department is respectfully requesting a hearing on the case 2011S0190181 related to the Final Notice of Proposed Civil Penalty which was notified on March 3, 2014. If you need any additional information, please feel free to contact us at (787) 793-1234, ext. 3067, 3408 or 2203. Sincerely,

C. Christopher R. Stevenson Attorney Office of the Regional Counsel Southern Region P.O. Box 20636 Atlanta, GA 30320 

# fi!: . fl/

. iatu. a rh1a M. Abdulr hman S At rney Office of Legal Affairs nmabdulrahrnan@policia.or.gov

DIRIJA TODA LA CORRESPONDENCIA OFICIAL AL SUPERINTENDENTE, P.O, BOX 70166, SAN JUAN, p, R. 00936·8166 TEL 787·793·1234U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,

PUERTO RICO POLICE DEPARTMENT Respondent.

JUDGE NOT YET ASSIGNED FAA DocketNo. Judge

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 March 3, 2014, Respondent, Puerto Rico Police Department was advised through a Final Notice ofProposed Civil Penalty that the FAAproposed to assess a civil penalty inthe amount of$16,600. On March 13, 2014, the Agency Attorney received a writtenrequest for a hearing from the Respondent. II. 2. At all times material herein the Puerto Rico Police Department (PRPD) was the registered owner ofcivil aircraftN136PD. 3. On or about August 31, 2010, a series ofdiscrepancies were noted onN136PD, including an inoperative autopilot, an inoperative ELT battery, an inoperative navigation VOR, two inoperative attitude indicators, an inoperative HSI, and an inoperative transponder. 4. OnNovember 9, 2010, PRPD operatedN136PD without having cleared any of the above-listed discrepancies. 5. N136PD was unairworthy atthe time ofthe November 9, 2010, flight.6. On anunknown date betweenNovember 9, 2010, and February 10, 2011, PRPD made anundated entry inthe logbooks for N136PD reflecting that new equipment had been installed inN136PD, including a transponder. 7. The log entry also indicated thatthe flux valves had also beenremoved so that they couldbe repaired andrestore the auto-pilot to an operational condition. 8. On February 10,2011, PRPD operated N136PD without having reinstalled the flux valves, restored the auto-pilot to operative condition, orperforming a test or inspection on the newly-installed transponder. 9. N136PD was unairworthy at the time ofthe February 10, 2011 flight. 10. On February 18,2011, PRPD installed new flux valves onN136PD. II. On or about March 3, 2011, PRPD operated civil aircraftN136PD withouthaving performed a test or inspection ofthe newly-installed transponder. 12. N136PD was unairworthy at the time ofthe March 3, 2011, flight.
III. 13. Byreason ofthe foregoing facts and circumstances, Respondent violated the following sections ofthe Federal Aviation Regulations:
a. Section43.9(a)(2) inthat, except as provided inparagraphs (b) and (c) of this section, eachperson who maintains, performs preventive maintenance, rebuilds, or alters an aircraft, airframe, aircraft engine, propeller, appliance, or componentpart shall make an entry in the maintenance record ofthat equipment containing the following information: the date of completionofthe work performed. b. Section 91.7(a) inthat no person may operate a civil aircraft unless it is in an airworthy condition; and
c. Section 91.213(a)(l) in that except as provided in paragraph (d) ofthis section, no person may take offan aircraft withinoperative instruments or equipment installed unless an approved MinimumEquipmentList exists for that aircraft. d. Section 91.413(b) in thatfollowing any installation ormaintenance on an ATC transponder where data correspondence error could be introduced, the integrated system has beentested, inspected, and found to comply withparagraph (c), appendix E, ofpart 4 3 ofthis chapter.14. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil penalty not to exceed $11,000 for each ofthe violations alleged. 15. Under the facts and circumstances ofthis case, a civil penalty of

### $16,600 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an order that Respondent be assessed a civil penalty in the amount 

### of$16,600.



## .**q.f~** Respectfully submitted this 

## l day ofMarch, 2014.

CHRISTOPHERR. S'rnVENSON Attorney Office ofthe Regional Counsel PLEASE NOTE: Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this Complaint, or a written Motion to Dismiss ifappropriate, not later than 30 days after the date shown onthe Certificate ofService which follows.CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complainthas beenmailed this date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Puerto Rico Police Department P.O. Box 70166 SanJuan, PR 00936-8166

Leg I t nt Office ofRegional Counsel 

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# 2014 Dated (original 

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