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< ^ 

U.S. Depanineix 

of Transportation 

Federal Aviation 

Administntion 

r ' X {"^T"," •'^Pi'^QTrjinN 

Western-Pacific Region 

0£Elce of the Regional Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2(507 

Telephone: (310) 725-712^! 

Facsimile: (310)725-6816 

m 2OM09 Case No, 2007WP010036 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED AND BY FACSIMILE (202) 493-5020 

Federal Aviarion Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

(1PO?UJP02>3/ /jfodg'/30Z 

Re: In the Matter of Spirit Aviation. Inc.: Case No. 2007WP010036 

Enclosed herewith please find the original and one copy of the Amended Complaint in the 

above-referenced proceeding. 

Please address all communications for the Regional Counsel of the Western-Pacific Region, to 

the undersigned, at: Office of the Regional Counsel, AWP-7, Federal Aviation AdminiiJtration, 

Western-Pacific Region, P.O. Box 92007. Los Angeles, CA 90009-2007, Telephone: (310) 725-

7128, Facsimile: (310) 725-6816. 

Sincerely, 

NAOMI TSUDA 

Regional Counsel 

By: 

^ourtn^Adolph 

General Attorney 

Enclosures; Amended Complaint; Certificate of Service 

RECEIVED 

HEARING DOCKET 
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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

ID the Matter of: 

FAA DOCKET: CP08WP0022 

Spirit Aviation, Inc., FAA CASE NO.: 2007WP010036 

Respondent 

JUDGE RICHARD C GOODWIN 

AMENDED COMPLAINT 

The Regional Counsel for the Western-Pacific Region, Federal Aviation Adminis tration 

(FAA), hereby files her Amended Complaint, pursuant to Rule 214 of the Rules of Practice (14 

C.F.R. §13.214), and states as follows: 

I. 

1. Spirit Aviation, Inc., is now, and at all times mentioned herein was, the holder of Air 

Carrier Certificate No. DWHA329D, authorized to conduct on-demand service under part 

135 of the Federal Aviation Regulations. 

2. At all limes mentioned herein, Spirit Aviation, Inc., was the operator of a model 

CL6002B16 Bombardier Challenger 601, serial number 5031, bearing civil aircraft 

niunber N64LE (formerly registered as number N72IMC)-

3. On or about December 22, 2003, Airworthiness Directive (AD) 2003-22-12, Ami;ndmeni 

39-13360, became effective for model CL6002B16 Bombardier Challenger 601, serial 

numbers 5031 and subsequent, regarding measurement of resistance of both AOi\ 

iransducers. 
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4. On or about January 25,2006, AD 2003-22-12 was last perforaied on civil aircrall 

N64LE at 5821.4 hours making AD 2003-22-12 due at 6121.4 hours. 

5. Civil aircraft N64LE was operated on at least three (3) occasions beyond the 300- hour 

required repetitive service inspection as follows: 

a. On or about March 7, 2007, civil aircraft N64LE was operated for 1.4 hours with 

an ending Hobbs reading of 6121.7 hours. 

b. On or about March 8, 2007, civil aircraft N64LE was operated for 1.4 hours with 

an ending Hobbs reading of 6124.0 hours. 

c. On or about March 11, 2007, civil aircraft N64LE was operated for 2.8 he urs vkith 

an ending of Hobbs reading of 6126.8 hours, 

6. Based on the facts and circumstances set forth in paragraphs 2- 5 above, civil aircraft 

N64LE was not in an airworthy condition when it was operated on March 7 through 11, 

2007, because it did not meet the requirements of AD 2003-22-12. 

II. 

By reason of the foregoing facts and circumstances. Respondent violated the fallowing 

sections of the Federal Aviation Regulations: 

(a) Section 39.7, which states thai anyone who operates a product tiiat does not meet 

the requirements of an applicable airworthiness directive is in violatioi of this 

section; and 

(b) Section 91.7(a), which states that no person may operate a civil aircraft unless it is 

in an airworthy condition. 
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m. 

1. Pursuant to Title 49 U.S.C. Section 46301(a), Respondent is subject to a i:ivil 

penalty not to exceed $11,000.00 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penally of S22,S00 00 is 

appropriate. 

WHEREFORE, the Regional Counsel, Federal Aviation Administration, Western-Pacific 

Region, respectfully requests that the Administrative Law Judge enter an order that Res])ondent 

be assessed a civil penalty in the amount of S22,500.00. 

Rcspectfiilly submitted. 

LA 

Courtney Adolph 

General Attorney, AWP-7.4 

Federal Aviation Administration 

Office of the Regional Counsel 

Western-Pacific Region 

15000 Aviation Blvd. 

Lawndalc,CA9026l 

Tel.; (310) 725-7128 

Fax: (310) 725-68)6 

ATTORNEYS FOR COMPLAlN/iNT 

DATED: May 20,2009 

-3-
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CERTIFICATE OF SERVICE 

I liereby certify that on this date I have sent by facsimile and placed in the United States 

mail, postage prepaid, certified mail, the executed original and faxed one copy of the Amended 

Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Facsimile: (202) 493-5020 

I further certify that on tliis date I have sent by facsimile and placed in the United States 

mail, postage prepaid, certified mail, a copy of the Amended Complaint, addressed to: 

Hon. Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

East Building Ground Floor, Room E12-230 

Washington, D.C 20590 

Facsimile: (202) 366-7536 

I further certify that on this dale I have placed in the United States mail, postage prepaid, 

certified mail and faxed one copy of the Amended Complaint, addressed as follows: 

James Ramsey, Esq. 

Law Offices of Cooling & Herbers 

1100 Main Street, Suite 2400 

Kansas City, MO 64105 

Facsimile: (816) 472-0790 

May 20,2009. 

"Antonia Garcia, Paralegal Specialist 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Hawthorne, California