U.S. Department 

of Transportation 

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 2 4 2014 

HEARING DOCKET 

Re: In the Matter of Puerto Rico Police Department }_ \ 

FAA Case No. 2011S0190181 

Enclosed herewith please find a copy of a 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 last two days. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

CHRISTOPHER 

~~ R. STEVENSON 

Attorney 

Office of the Regional Counsel 

Enclosures 
OS-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 

J 

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MAR I 7 2014 

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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 rh1 a 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· 1234 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

PUERTO RICO POLICE DEPARTMENT 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (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 of Proposed Civil Penalty that the FAA proposed to assess a civil penalty 

in the amount of $16,600. On March 13, 2014, the Agency Attorney received a written request 

for a hearing from the Respondent. 

II. 

2. At all times material herein the Puerto Rico Police Department (PRPD) was the 

registered owner of civil aircraft N136PD. 

3. On or about August 31, 2010, a series of discrepancies were noted on N136PD, 

including an inoperative autopilot, an inoperative ELT battery, an inoperative navigation VOR, 

two inoperative attitude indicators, an inoperative HSI, and an inoperative transponder. 

4. On November 9, 2010, PRPD operated N136PD without having cleared any of 

the above-listed discrepancies. 

5. N136PD was unairworthy at the time of the November 9, 2010, flight. 
6. On an unknown date between November 9, 2010, and February 10, 2011, PRPD 

made an undated entry in the logbooks for N136PD reflecting that new equipment had been 

installed in N136PD, including a transponder. 

7. The log entry also indicated that the flux valves had also been removed so that 

they could be repaired and restore 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, or performing a test or inspection on 

the newly-installed transponder. 

9. N136PD was unairworthy at the time of the February 10, 2011 flight. 

10. On February 18,2011, PRPD installed new flux valves on N136PD. 

II. On or about March 3, 2011, PRPD operated civil aircraft N136PD without having 

performed a test or inspection of the newly-installed transponder. 

12. N136PD was unairworthy at the time of the March 3, 2011, flight. 

III. 

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

following sections of the Federal Aviation Regulations: 

a. Section 43.9(a)(2) in that, except as provided in paragraphs (b) and (c) of 

this section, each person who maintains, performs preventive maintenance, rebuilds, or alters an 

aircraft, airframe, aircraft engine, propeller, appliance, or component part shall make an entry in 

the maintenance record of that equipment containing the following information: the date of 

completion of the work performed. 

b. Section 91. 7(a) in that 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 off an aircraft with inoperative instruments or equipment installed 

unless an approved Minimum Equipment List exists for that aircraft. 

d. Section 91.413(b) in that following any installation or maintenance on an 

ATC transponder where data correspondence error could be introduced, the integrated system 

has been tested, inspected, and found to comply with paragraph (c), appendix E, of part 4 3 of this 

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 of the violations alleged. 

15. Under the facts and circumstances of this 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 of March, 2014. 

CHRISTOPHERR. S'rnVENSON 

Attorney 

Office of the 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 if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed 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 

San Juan, PR 00936-8166 

Leg I t nt 

Office of Regional Counsel 

l 9 2014 

Dated 

(original + 1 copy)