01/20/2010 1G;07 FAX 2024935142 FAA * QMS @l001/007 

o 

U.S. Department Northwest Mountain Region 

Of Transportation Colorado, Idaho, Montana, 

Federal Aviation Oregon, Utah, Washington, 

Administration Wyoming 

Office of Regional Counsel 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425)227-2165 

Fax: (425) 227-1007 

DAVID.F.SHAYNE(^R\A.GOV 

January 7,2010 

VIA FACSIMILE AND CERTIFIED MAIL - RETURN RECEPT REQUESTED 

Atto: Hearing Docket Clerk, AGC-430 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright BIdg - Room 2W1000) 

800 Independence Avenue S.W. 

Washington, D.C. 20591 

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(i0DNH^^^^ /(^^^^ 

Re: In the Matter of Empire Airlines, Inc, dba Empire Aerospace, 

FAA Case No, 2009NM130014 

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 Spokane, Washington and expects that 

the hearing will last one (1) day. For scheduling purposes, FAA attorney will not be availaljle the 

following dates in year 2010: March 30 & 31, April 5 & 6, May 19 & 20, June 11 through July 1, 

September 9,10,23,24, 29, and 30,2010. 

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

Federal Aviation Administration 

Northwest Mountain Region,, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Telephone: 425.227.2007 

FAX: 425.227.1007 

David F. Shayne 

FAA Attorney 

Enclosures: Request for Hearing (Appeal) 

Complaint RECEIVED 

JAN 19 m 

HEARING DOCKET 
01/20/2010 1G:07 FAX 2024935142 FAA * DMS 0002/007 

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DAVID r. SHAYNE 

FAA OFFICE OF REGIONAL COUNSEL 

1601 UNDAVE., SW 

RENiON, WASHINGTO N 98057 

TELEPHONE: 425.227.2165 

FACSIMILE: 425.227,1007 

UNITED STATES OF AMERICA 

DEPARTMEINT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Empire Airlines, Inc. 

dba Empire Aerospace 

FAA DOCKET CP Unassigned 

FAA Case No. 2009NM130014 

Judge Unassigned 

JUDGE NOT ASSIGNED: 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

On December 14, 2009, Empire Airliaes, Inc., was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penahy in the amount of $11,000. 

On December 14, 2009, Empire AirHnes, Inc., through its counsel, submitted a written request 

for a hearing. 

n. 

1. Empire Airlines, Inc. (Empire) is now :ind at all times mentioned herein was the holder 

Repair Station Certificate No. COEA135A. 

2. Empire's FAA-accepted Repair Station Manual, Section 4-01-1, requires that all work 

performed be done so in accordance with the applicable manufacturer's instructions for 

airwoTthinessCOMPLAINT 

FAA V. Empire Airlines, Inc. 

Page 2 of 6 

DAVIH F. SHAYNE, FAA ATTORNEY 

TEL: 425.227.2165; FAX: 425.227.l0(i7 
01/20/2010 16:08 FAX 2024935142 FAA DMS 0003/007 

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3. ATR's Structural Repair Manual (SRM), Section 51-00-01 establishes procedures Jbr 

reporting defects to the manufacturer when the aircraft operator cannot perform repairs on 

its own. The SRM provides further that, if the damage at issue is beyond allowable limits, 

the operator must inform the manufacturer by filing an appropriate report. 

4. The SRM, Section 51-10-10, pages 4 and 5, establishes the allowable limits for repairing 

damage to surfaces in relation to scores, scratches, and damaged edges. 

5. On or aboul January 21, 2009, Empire personnel performed maintenance on a ATR model 

ATR-42 aircraft, a Canadian-registered aircraft, CFJYV, specifically. Empire repaired 

damage to the floor containing misalijjned sections. 

6. Following the maintenance referenced above, Empire personnel made an aircraft log book 

entry stating the above-referenced repair was to damage within the allowances referenced in 

SRM 51-10-10. 

7. The damage to the area that was repaired as described above exceeded the limitations 

described in the SRM 51-10-10, also referenced above. 

8. When performing tlie maintenance described above, Empire personnel failed to follow the 

procedures referenced above in paragraph 3, nor were the procedures that were followed 

consistent with any methods, techniques and practices acceptable to the Administrator. 

9. As a resuh of the above. Empire failetl to use methods, techniques, and practices prescribed 

in the current manufacturer's maintenance manual, acceptable to the Administrator, in 

maintaining CFJYV. 

10. As a result of the above, Empire failed to do maintenance work in such a manner so as to 

ensure that CFJYV was at least equal to its original or properly altered condition. 

11. As a result of Empire's failure to follow the manufacturer's instructions, Empire failed to 

follow its FAA-accepted Repair Station Manual. 

m. 

1. By reason of the foregoing facts and circumstances, Empire violated the fallowing 

sections of the Federal Aviation Regulations (14 CFR): 

a. Section 145.201 (c) (1), in that it failed to perform maintenance in accordance with the 

applicable approved technical data, or data acceptable to the FAA. 

b. Section 145.207(a), in that it failed to follow its FAA-accepted repair station manual, 

c. Section 43.13(a), of the Federal Aviation Regulations (14 CFR), in that in performing 

maintenance, it failed to use the methods, techniques and practices prescribed in the 

current manufacmrer's maintenance manual, or otherwise acceptable to the 

Administrator. 

COMPLAINT 

FAA V, Empire Airlines, Inc, 

l*agc3of6 

DAVID F. SIIAYNK, FAA AnortNfcY 

TEL: 425.227.2165; FAX: 425.227.1007 
01/20/2010 1G:08 FAX 2024935142 FAA * DMS gl004/007 

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d. Section 43,13(b), in that in performing maintenance it failed to do the work in such a 

manner and use materials of such a quality so that the condition of the aircraft was at 

least equal to its original or properly-altered condition. 

2. In accordance with Section 46301 (a) and (d) of Title 49 of the United States Code 

(Transportation) [49 U.S.C. § 46301(a) and (d)l, Empire is liable for a civil penalty not to exceed 

$11,000 for each of the violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of $11,000 is 

appropriate. 

WHEREFORE, the Agency, by coimsel, respectfully requests that the Administrative 

Law Judge enter an order that Empire be asisessed a civil penalty in the amount of $11,000. 

RespectftrHv subnutted this 7th day of January, 2010. 

DavidT^'ShayHe 

FAA Attorney 

COMPLAINT 

FAA V. EmpiTC Airlines, Inc. 

Page 4 of6 

DAVID F. SHAYNE, FAA AITORMEY 

TEL: 425,227,2165; FAX; 425.227.1007 
01/20/2010 1G;08 FAX 2024935142 FAA ^ DMS @l005/007 

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ANSWER 

In accordance with Section 13.209 of the Federal Aviation Regulations, Empire, must answer 

this Complaint not later than 30 days from the time it is served on it. Failure to file an Answer 

within 30 days without good cause shall be deemed an admission of the truth of each allegation 

contained in the Complaint [14.C.F.R. 13.209(f)]. 

COMPLAINT 

FAA V. Empire Airlines, Inc. 

Page 5 of 6 

DAVIP F . SHAVNE, FAA A-nORNhY 

TEL: 425,227,2165; FAX: 435.227.1007 
01/20/2010 1G:08 FAX 2024935142 FAA DMS glOOG/OOT 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been served via facsimile and certified mail 

Return Receipt Requested this date, to the following: 

Federal Aviation Adrainistration 

800 Independence Avenue S W 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wri^t Building - Suite 2W1000 

Fax: 202, 493.5142 

Mark Conlin 

421 W Riverside Ave #911 

Spokane, WA 99201-0410 

TEL: 509.624.3020 

FAX: 509.623.1650 

Dated this 7th day of January, 2010. 

MOTFAIR CI 

Office of Regional Counsel (ANM-7) 

Federail Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2160 

COMPLAINT 

FAA V. Empire Airlines, Inc. 

Page 6 of6 

DAVID F . SHAYNE, FA^,. ATTORNIIY 

TEL: 425,227,2165: FAX: 425.227.1007 
01/20/2010 16:08 FAX 2024935142 

\^^\ ^ £.^ \ji/ UU.OU|J \-'>wj'|-^l_l>l t**I.^U>^Hll. 1 will 

"AA * DMS @!007/007 

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FEDERAL AVIATtON ADMINISTRATION 

FEDERAL AVIATION ADMINSTRATON 

Complainant, 

EMPIRE AIRLINES, INC., 

dba EMPIRE AEROSPACE, 

Respondent, 

Case No. 2009NM,nOOOl4 

REQUEST KOR HEARING 

ThG Respondent, by and through their Counsel, requests a hearing in this matti^r pursuant lo 

C.F.R. .Section 13.16. The Respondent requests the hearing be held in Spokane, 

Washington. 

--/' 

i^espectfully submitted ihis^^J^/^'"^" day of December, 2009. 

MarI<T~Ttoi) 

Artorno^y forEmpire Aerospace RECEIVED 

JAM 1 9 2010 

[-JEARING DOCKET 

CONLlN, MALONtY f,- Mll.l.ER 

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