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•''PARTMENTO F 

TRA^^SPORTAHON 

UNITED STATES OF AMERICA ' r-Li-H OPBRATIOilS 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS ^'^'i' ^^' -^ P !!= H 

WASHINGTON, D.C. 

In the Matter of: * cA^il^ t^^ ^ 

* FAACaseNo. 2010NM010105 

Aviation Technical Services, Inc. 

* Judge Not Assigned 

« 

•r 

ANSWER TO COMPLAINT 

COMES NOW Respondent Aviation Technical Services, Inc. ("ATS"), through counsel, and 

answers the Complaint against it as follows: 

GENERAL DENIAL 

Except to the extent specifically and unequivocally admitted herein, all allegations contained in 

the Complaint are denied. 

ANSWER T O PART I 

ATS admits the allegations contained in Part I of the Complaint 

ANSWER T O PART n 

1. ATS admits the allegations contained in Paragraph 1 of Part II of the Complaint. 

2. 

a. With regard to the allegations contained in Paragraph 2.a. of Part U of the Complaint, 

ATS admits only that it performed maintenance on behalf of Southwest Airlines (SWA), 
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an air carrier hiiving a continuous aiiworthincss maintenance program, including: the 

overhaul of Boeing 737 main landing gear actuator beam assembly part number 65-

46108-19 serial number 854. 

b. ATS admits the allegations contained in Paragraph 2.b. of Part II of the Complaint. 

c. With regard to the allegations contained in Paragraph 2.c. of Part II of the Complaint, 

ATS admits only that it performed maintenance on behalf of Southwest Airlines (SWA), 

an air carrier having a continuous airworthiness maintenance program, including; the 

overhaul of Boeing 737 main landing gear actuator beam assembly part number 65-

46108-19 serial number 815. 

d. ATS admits the allegations contained in Paragraph 2.d. of Part 11 of tlie Complaint. 

3. With regard to the allegations contained in Paragraph 3 of Part II of the Complaint, ATS 

admits only that Airworthiness Directive (AD) 2009-09-07, at paragraph (f), states as 

follows: "Except as provided by paragraphs (g) and (h) of this AD: At the applicable times 

specified in paragraph 1^. of Boeing Service Bulletin 737-23A1355, Revision 2, dated 

March 5, 2008. inspect for damage of the retract actuator beam of the MLG and overhaul the 

retract actuator beam, as applicable, by doing all the applicable actions specified in the 

Accomplishment Instructions of Boeing Service Bulletin 737-32A1355, Revision 2, dated 

March 5, 2008. Do ail applicable related investigative and corrective actions before ftjrther 

night. Repeat the applicable inspection or overhaul thereafter at the applicable time specified 

in paragraph 1 .E. of Boeing Service Bulletin 737-32A1355, Revision 2, dated March 5, 

2008," ATS further admits that Airworthiness Directive (AD) 2009-09-07, at paragraph (h), 

states as follows: "Boeing Service Bulletin 737-32A1355, Revision 2, dated March 5, 2008, 

specifics that the actions are for airplanes with new MLG retract actuator beams that have not 

been overhauled having part number (P/N) 65^6108-15 and subsequent dash numbers; and 

new or overhauled MLG retract actuator beams having P/N 65-46108-14 and previous dash 

numbers." 

4. ATS admits the allegations contained in Paragraph 4 of Part II of the Complaint. 

5. ATS denies the allegations contained in Paragraph 5 of Part U of the Complaint. 

6. ATS denies the allegations contained in Paragraph 6 of Part II of the Complaint. 

7. ATS denies the allegations contained in Paragraph 7 of Part II of the Complaint. 

8. ATS admits the allegations contained in Paragraph 8 of Part II of the Complaint. 

9. ATS denies the allegations contained in Paragraph 9 of Part II of the Complaint. 
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10. ATS denies the allegations contained in Paragraph 10 of Part II of the Complaint. 

11. ATS denies the allegations contained in Paragraph 11 of Part tl of the Complaint. 

ANSWER TO PART III 

1. ATS denies the allegations contained in Paragraph 1 of Part III of the Complaint, including 

all subparts. 

2. ATS denies the allegations contained in Paragraph 2 of Part in of the Complaint. 

3. ATS denies the allegations contained in Paragraph 3 of Pan III of the Complaint. 

WHEREFORE, Respondent Aviation Technical Services, Inc., through coimsel, requests that the 

Administrative Law Judge enter an order finding that Respondent Aviation Technical Services, 

Inc., did not violate any of the Federal Aviation Regulations as alleged by the Federal Aviation 

Administration in this matter, and further requests that the Complaint be dismissed and that no 

civil penalty be assessed against it. 

SUGGESTION OF LOCATION FOR HEARING 

Respondent Avjation Technical Services, Inc., and its counsel, pursuant to 14 CFR 13-209(b), 

hereby suggest that the hearing in this matter be held in Scanlc, Washington. 

Respectfully submitted this 3"^ day of October, 2011 

C ^^^p^ 

Dane B. Jaqucs, Esq. 

Dombrt>fFGilmore Jaqucs SL French, PC 

1676 International Drive, Penthouse 

McLean. VA 22102 

(703) 336-8800 

diaquesfgjdgUtigatQrs.com 

Counsel for Respondent Aviation Technical 

Services, Inc. 
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CERTIFICATE OF SERVICE 

I hereby certify that I have this day served a copy of the foregoing Answer to Complaint 

on the following party's counsel or designated representative, at the address indicated, by 

facsimile and overnight mail; 

Karen Davis Huber, Esq. 

Federal Aviation Administration 

Office of Regional Counsel 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Fax: 425-227-1007 

I also certify that I have this day sen-^ed the original and one copy of the foregoing 

Answer to Complaint on the following, at the address indicated, by facsimile and overnight mail: 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, S.W, 

Wilbur Wright Building - Suite 2W1000 

Washington. DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Dated this 3rd day of October, 2011. 

J ^ 

Jam^V\. Eastwood 

Domoroft'Gilmore Jaqucs & French, P.C. 

1676 International Drive, Penthouse 

McLean, V A 22102 

703-336-8800 

TOTAL P.05