03/30/201-0 0G:51 FAX 2024935142 FAA •>• DM S 1002/015 

O 

U.S. Department 

of Transportation 

Fcdcrfll Aviation 

Administration 

i"!«t::, 

FEB ' 1 M Office cif Regional Comsel 

C>01 Locus.1, Koom 506 

Kansas City, MO 64106-2641 

In Reply Refer Jo: ACE- 7 

February 11,2010 

Area Code: (816)329-3765 m 

—CI 

—-i 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue SW, Room 924A 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2014 

Re: In the Matter of Air Evac, Inc. 

Case No. 2007CE030026 

dp/U e^OOOi /-^O/O - dOZ Z13 

Rnclosed herewith please find a copy of a request for a hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FA A requests that the hearing in this matter be held in Kansas City, Missouri, and expects 

that the hearing vi'ill last one day. 

Please address all communications for the FAA to Mark G. Camacho, Federal Aviation 

Administration, Central Region, ACli-7, Room 506, DOT Building, 901 Locust, Kansas City, 

MO 64106-2641. 

Sincerely, 

Mary F.lien Loftus 

Acting Regional Counsel 

By:; x:) 

lark G, Camacho 

Senior Enforcement Attorney 

inclosures 
03/30/2010 06:51 FAX 2024935142 

FAft 

•> DM S l^ooa/u 

COOLIN G & BERBER S lie 

2400 CITY CENTER SQUARE 

1100 MAI N STREET 

KANSAS Crrv, MO 64105 

TELEPHONE S I 6,474.0777 

FAX ei6.47?'..079O 

WWW.C.OOUNGLAW.COM 

Febntary8,20l0 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

600 Independence Avenue SW 

Wilbur Wright Building, Room 2014 

Washington, D.C. 20591 

Re: ACE-7 

2007CE030026 

Via Federal Exsresi 

Dear Hearing Docket Clerk: 

Air Evac EMS, Inc. hereby requests a hearing on the Final Notice of Proposed 

Civil Penalty (attached) 2007CE030026, pursuant to 14 CF.R. 13.16. 

Very truly yours, 

COOLING & HERBEKS, PC. 

JER/js 

cc: Mark G. Camacho 

Senior Enforcement Attorney 

Attachment 

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03/30/2010 08:51 FAX 2024935142 FAA + DMS 12004/015 

U.S. DEPARTMENT OF TRANSPORTATION ; ZXy y J: Z^-H^X'^''-^dr^ 

FEDERAL AVIATION ADMINISTRATION " " . , ..^ , 

In the Matter of: 

Air Evac EMS, Inc. 

Served: February 11,2010 2 f '^'•'^, ^ %} ^ ^ 'K,.,,^- ^-T. -> '^^^-^ 

FAA Docket No. 

FAA Case No. 2007CE030026 

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 CF.R. 13.208), and states as follows: 

1. 

1. On February 27, 2007, Respondent Air Evac EMS, Inc. (AEEMS) was advised 

through a Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of $15,000. On February 8,2010, Respondent submitted a written request for a hearing. 

II. 

1. At all times hereinafter mentioned AEEMS was the holder of Air Carrier Certificate 

No. EVCA73 ID, an FAA approved on-demand Part 135 operator under the Federal Aviation 

Regulations (FAR). 

2. At all limes hereinafter mentioned Air Evac, Inc. (AEl), a Missouri corporation, was 

the holder of Aircraft Repair Station Certificate No. QEVR436K. 

3. At all times hereinafter mentioned Aaron D. Rogers (Rogers), the holder of Ainnan 

Certificate Number 494941510 with mechanic privileges, airframe and powerplant ratings, 

worked as an AEI employee at the West Plains Municipal airport. West Plains, Missouri (UNO) 

for AEI'S repair station as its Quality Manager (QM). 
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4. As AEPs QM, Rogers had the authority and responsibility for ensuring that aircraft 

worked on by AEI's repair station were in an airworthy condition before being retuned to 

service. 

5. As AEE.s QM, Rogers had the authority and responsibility for ensuring that aircraft 

returned to service had all required inspections and maintenance items accomplished by AEI's 

repair station. 

6. On or about October 18, 2006, Civil Aircraft N267AE, a Bell Helicopter Model 

206L1, owned and operated by AEEMS, was involved in a repositioning flight from West Plains, 

Missouri, to Sikeston, Missouri, to be put into active Part 135 pa.s.senger-carrying operjttions for 

AEEMS. 

7. Incident to the above operation the crew discovered, upon arrival at Sikeston, that 

there was no key for the narcotics box and returned to West Plains to retrieve the missing key. 

8. On approach to AEEMS' West Plains downtown heliport N267AE experienced a 

mechanical failure consisting of the loss of the tail rotor control system. N267AE was able to 

divert and make a run-on landing at the West Plains Municipal Airport without a fatality. 

9. A follow-up inspection of N267AE's tail rotor control system disclosed that a bolt that 

connected adjustable tube PN206-001-002-087 to bellcrank PN206-001-705-005 had come out 

of the aircraft's tail rotor control/anti-torque system causing a total break in the system while 

N267AE was in flight. 
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10. Incident to N267AE's mechanical failure an investigation was conducted by 

personnel from the Flight Standards District Office, St. Louis, Missouri (STL FSDO) resulting in 

the following findings: 

a) Prior to the noted operation, AEI's repair station performed extensive modifications 

and inspection of N267AE pursuant to Work Order (WO) #6418. 

b) The noted modifications included replacing the existing Detroit Diesel Allison-C28 

engine with a more powerful Allison 250-C30P engine through the application of 

STC SH296NM, Installation of Detroit Diesel Allison 250-C30P turbo shaft engine, 

along with associated airframe and tail rotor control modifications. 

c) The noted STC modified the tail rotor control/anti-torque system to compensate for 

the increased power and torque. 

d) The subject tail rotor control modification was to be accomplished by adjusting the 

rigging of the anti-torque controls as detailed in Installation Instruction No. ASI2061^3OP, Rigging Anti-Torque Controls, Section IITI. 

e) Following modifications and inspection, AEFs repair station released N267AE for 

return to service and closed out WO #6418 without accomplishing, among other 

requirements, the noted anti-torque controls rigging. 

MMi 
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f) After AEFs repair station released N267AE for return to service and closed out WO 

#6418, but prior to the flight operation described in paragraph 6 above, AEI's QM 

performed maintenance test flights. 

g) AEI's QM also performed additional maintenance on N267AE consisting of rigging 

the rotor control systcm/anti-torque system discussed above. 

h) Ihe rigging of the anti-torque controls as detailed in Installation Instruction No. ASI206L, Section III], required AEI's QM to disconnect three separate adjustable control 

tubes from three separate bellcranks followed by a scries of adjustments. 

i) Detail "A" of Figure 3-1, Anti-Torque Controls, Rigging Dimensions (Sheet 2 of 2), 

of the noted installation instructions, specifically identifies the removal of the nut, 

cotter pin, and connecting bolt (that came out of the tail rotor control system, as 

described in paragraph 9 above) in order to disconnect adjustable tube PN206-001-

002-087 from bellcrank PN206-001-705-005. 

j) AEI's mechanic Keith Collins (Collins) started the rigging process, went home, and 

returned the next day to discover that AEI's QM had completed the rigging iind the 

aircraft was Hying. Collins did not reinstall adjustable tube PN206-001-002-087 to 

bellcrank PN206-001-705-005; that task was performed by AEFs QM. 
03/30/201 0 0G:51 FAX 2024935142 FAA ^ DMS 0006/01 5 

k) Following his performance of maintenance on N267AE's rotor control system/antilorque system, AET's QM signed off the maintenance in the aircraft's maintenance 

log certifying that the aircraft was airworthy, and returned N267AE to servic;e. 

1) AEI's QM sign-off, noted above, was the last maintenance entry made in N267AE's 

maintenance log before the occurrence of the mechanical failure noted in pajragraph 8 

above. 

m) A visual inspection of N267AE's rotor control system/anti-torque system after the 

mechanical failure (noted in paragraph 8 above) revealed the subject connecting bolt 

was lying in the belly of the aircraft; no nut or cotter pin was found. 

11. The foregoing maintenance performed by AEFs QM on N267AE was not 

accomplished pursuant to the provisions of Installation Instruction No. ASI-206L, Section IIII in 

that he failed to ensure that the subject adjustable tube PN206-001 -002-087 connecting boll was 

properly secured in place following reassembly of the adjustable tube to its designated bellcrank. 

12. Accordingly, N267AE was not in an airworthy condition at the time AEFs QM 

returned the aircraft to service after his October 18, 2006, maintenance and sign off on the rotor 

control system/anti-torque system. 

13. The foregoing maintenance performed on N267AE's rotor control systcm/anti-torque 

system was not accomplished pursuant to the provisions of AEEMS' Quality Control Manual, 

Pages 4 and 7, which require that the discrepancy sheet be supplemented with detailed 

instructions for work and inspection, and that a work card be issued for a discrepancy, if the 
03/30/201 0 06:5 2 FAX 202493514 2 FAA * DMS @I009/01 5 

overall task is divided between more than one technician. No such supplemental detail or work 

card was prepared for the rigging started by Collins on one day and completed by AEFs QM the 

next day. 

14. Further investigation and inspection of AEFs repair station records pertaining to 

maintenance work performed on N267AE prior to the closing out of WO #6418 disclosed that 

AEI'S failed to follow its quality control system by approving N267AE for return to serv^ice and 

closing out WO #6418 without complying with AEEMS' Approved Aircraft Inspection Program 

(AAIP) final inspection requirements and without complying with its Quality Control Manual, to 

include: 

a) Failure to complete required Phase 1 items noted in Blocks 25 ajid 30. 

b) Failure to provide a Phase 1 inspection sign-off 

c) Permitting the sign-off of all phases (8 total) of the AAlP, except Phase 1 and the 12 

month inspection portion, to be accomplished by Keiih Collins, a person who was not 

a repair station inspector and who did not have return to service authority for the 

repair station. 

d) Failure to provide a 12 month inspection sign-off. 

e) Failure to have the names entered of all mechanics that initialed each phase of the 

AAIP. 
03/30/201 0 06:5 2 FAX 2024935142 FAA ^ DMS 0010/01 5 

7 

f) Failure to complete the Skytrac ISAT, IntelHcast and Avionics Manual, Cables & 

Computer inspections found on the Avionics Final Inspection/Acceptance checklist. 

g) Failure to audit the records package to detennine that all work had been inspected as 

required for compliance by AEFs Quality Control Manual, page 8. 

15. Further investigation and inspection of N267AE's maintenance records disclosed that 

following the work performed by AEI's repair station the aircraft was recertified by a Designated 

Airworthiness Representative (DAR) and a Standard Airworthiness Certificate (SAC) was 

issued. The recertiflcation process required AEI to submit a listing of all modifications done to 

the aircraft at the time in order for the SAC to be properly issued by the DAR- The following 

items were not listed, as required, that is, they were omitted on the application that AEI ;made for 

the issuance of a SAC: 

a) Reference to installation of S rc#SR09442RC, MRL Mount. 

b) Reference to installation of STC#SR09361RC, High Bar Mod. 

c) Reference to installation of STC#SR09441RC, Litter Kit. 

d) Reference to installation of SrC#SH3887NM, Cabin Heater System. 

e) Reference to installation of STC#SH227WE, Baggage Compartment Extension. 
03/30/201 0 0G:52 FAX 2024935142 FAA * DMS 0011/01 5 

16. AEI failed to complete a FAA Form 337, required for all major repairs or 

alterations perlbrmed on an aircraft, after the following alterations were performed on 

N267AE: 

a) Installation of STC#SH311OSO, Composite Baggage Door. 

b) Installation of STC#SR01358AT, Baggage Door Retention Strap. 

c) Installation of STC#SROO044AT, Battery Door. 

d) Installdlion of STC#SR01494AT, Cyclic Support Safety Cover. 

e) Installation of STC#SH3289SO, Cabin Floor Protectors. 

f) Installation of STC#SH200CTT., Facet Filter histallation. 

g) Installation of STC#SH296NM, Installation of Detroit Diesel Allison 250-C30P turbo 

shaft engine. 

17- Based on the foregoing AEEMS operated N267AE at a time when said aircraft was 

not in an unairworthy condition. 

III. 

1. By reason of the ibregoing facts and circumsianccs, AEEMS violated the following 

sections of the Federal Aviation Regulations: 
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a. §91.7(a), which states that no person may operate a civil aircraft unless it is in an 

airworthy condition, 

b. § 135.21(a), which states in relevant part that each certificate holder's flight, ground 

and maintenance personnel must use the certificate holder's current procedures 

manual in conducting its operations. 

c. §135.419(g), which states that each certificate holder who has an approved aircraft 

inspection program shall have each aircraft that is subject to the program inspected in 

accordance with the program. 

2. Pursuant to Title 49 U.S.C. 46301, Respondent is subject to a civil penalty not to 

exceed $11,000 for each of the violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of $15,000 is 

appropriate. 
03/30/201 0 06:5 2 FAX 2024935142 FAA + DMS 0013/01 5 

10 

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

Law Judge enter an order that Respondent be assessed a civil penally in the amount of $15,000. 

Dated this 11th day of February, 2010. 

Respectfully submitted, 

A. Lester Flaizlip 

Regional Counsel 

By 

Senior Enforcement Attorney 

Federal Aviation Administration 

901 Locust, Room 506 

Kansas City, MO 64106-2641 

(816) 329-3765; Fax (816) 329-3771 

Attorney tor Complainant 

Answer 

Section 13.209(a) of the Rules of Practice in FAA Civil Penalty Proceedings states, "A 

respondent shall file a written answer to the complaint, or may file a written motion pursuant lo 

Section 13.208(d) or Section 13-218(1)( 1-4) instead of filing an answer, not later than 30 days 

after service of the complaint. 

Section 13.209(f) states, "A person's failure to file an answer without good cause shall be 

deemed an admission of the truth of each allegation contained in the complaint. 
03/30/201 0 06:5 2 FAX 2024935142 FAA •» DMS 0014/01 5 

11 

Air Evas EMS, Inc., FAA Case No. 2007CE030026 

CERTIFICATE OF SERVICE 

I hereby certify that 1 have this date placed in the United States mail, certified, retum 

receipt requested, a copy of the Administrator's Complaint, addressed to; 

Mr. Colin Collins 

President and CEO 

Air Evac EMS, Inc. 

P.O. Box 768-306 Davis Drive 

West Plains, MO 65775 

Mr. James E. Ram.sey, Esq, 

Cooling & Herbers P.C. 

2400 City Center Square 

1100 Main Street 

Kansas City, MO 64105 

In addition, I hereby certify that 1 have this date placed in the United States mail, 

certified, return receipt requested, the original and one copy, addressed lo: 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2014 

Deborah L. Hervey, 

Legal Assistant 

Dated this 11th day of February, 2010. 
03/30/2010 06:52 FAX 2024935142 

02/23/2010 11:35 FAX 20249351^? 

FAA 

FAA 

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TRANSMISSION OK 

TX/RX NO 

RECIPIENT ADDRESS 

DESTINATION ID 

ST. TIME 

TIME USE 

PAGES SENT 

RESULT 

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02/23 11:33 

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U.t). Department 

of Traniiportalion 

Fedcrul Aviation 

Adniinistration 

In Reply Refer To: ACE-7 

February 11,2010 

F EB ! •? ZOIC 

^v;r.;-!;-',?'••?•.,:: M'" 'V-^^s.'::; 

Oflicc olRcpinnal (."oun.lcl 

K,(in}u> City, Ml,) b-H06-264L 

Area Code: (816)329-3765 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue SW, Room 924A 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2014 

Re: In the Matter of Air Lvac, inc. 

CaseNo. 2007CE030026 

dPlL'C^OtX^' /'!^0/0 - ^02.-Z. 

Enclosed herewith please find a copy of a request for a 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 Kansas City, Missouri, and c>cpects 

that (he hearing will last one day. 

Please address all communications for the FAA to Mark G. Camacho, Federal Aviation 

Administration, Central Region, ACE-7, Room 506, DO'F Building, 901 Locusi, Kansas City, 

MO 64106-264J. 

Sincerely, 

Mary Ellen Loilus 

Actinc Regional Counsel