In the Matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

Served: July 30, 2013 

FDMS No.: FAA-2013-0284 

RECEIVF~ AUG- 6 2013 

HEARING DOCKET 

_A=-=-Vl.:c. a'-'tt=· o.:cn:..:E=n"'g"'in::ce:...:e.:cri=n"'g'--C=-o=n=sc::u::.:lt=an=t=-s,'-'I=n=-c'--. ____. Administrative Law Judge: J. E. Sullivan 

AMENDED COMPLAINT 

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

Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and the Order 

served in this matter dated July 16, 2013, and states as follows: 

I. 

1. On March 28, 2012, Respondent Aviation Engineering Consultants, Inc. (AECI) 

was advised through a Notice of Proposed Civil Penalty that the FAA proposed to assess a civil 

penalty in the amount of $44,000. On April22, 2013, Respondent Company submitted a written 

request for a hearing. 

II .. 

. L · At all times hereinafter mentioned, AECI was the producer of various replacement 

parts for type certificated aircraft with facilities locatedat2159 McMullen Booth Ro.ad and· 

2750/2754 Sunset Point Road, Clearwater, Florida. 

2. In 2010 AECI manufactured two types of elevator hinge fittings, outboard hinge 

fittings, part number (PIN) 80-393103-407 AEC, and center hinge fittings, PIN 80-393103-

405AEC, each with accompanying straps. 

·. 3. Both hinge fittings identified above were intended for sale to b" installed and used on 

the elevator located on a Piaggio Avanti ModetP" 180, a U.S. type"certificated civil aircraft. 

4. Incident to AECI's manufacturing ofthe subject hinge fittings, two center hinge 

fittings and two outboard hinge fittings, with accompanying straps, were combined to become 
AECI Modification Kit, PIN SB-80-0262, produced for sale and installation on the elevator of 

Piaggio Avanti Model P-180 civil aircraft. 

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5. On or about December 23,2010, AECI sold and shipped four of the subject kits to 

Avantair, Inc., (AI) located at 4311 General Howard Drive, Clearwater, Florida. 

6. AI, an exclusive fractional aircraft ownership provider of the Piaggio Avanti, also 

offers private aviation services primarily in North America, including aircraft related 

management and maintenance services under its Part 145 repair station certificate, and provides 

limited fixed based operation services in Clearwater, Florida. 

7. The four kits sold to AI noted above consisted of a total of eight elevator center 

hinge fittings, PIN 80-393103-405AEC, eight elevator outboard hinge fittings, PIN 80-393103-

407 AEC, eight straps PIN 80M000095-003, and eight straps PIN 80M000095-001. 

8. Each of the hinge fittings identified above were marked "FAA-PMA". 

9. The acronym "FAA" represents Federal Aviation Administration. 

10. The acronym "PMA" represents Parts Manufacturer Approval. 

11. The holder of a PMA has obtained FAA approval to manufacture a part and mark 

it "PMA". 

12. A part marked "PMA" is authorized to be installed in a type-certificated aircraft 

and such aircraft can be found to be airworthy relative to the installed PMA part. 

13. Based on the foregoing, the use of the acronym "FAA-PMA" marked on the 

elevator hinge fittings sold by AECI to AI for installation and use on the elevators of AI' s 

Piaggio Avanti Model P-180 civil aircraft denoted that AECI had applied to, and received an 

official grant of approval from, the FAA to manufacturer and sell the subject parts, and further, 

that such parts were suitable for installation on the elevators of AI's Piaggio Avanti Model P-180 

civil aircraft such that the aircraft in question would retain its airworthiness status relative to the 

installed parts. 
14. AI installed one of the AECI Modification Kits, PIN SB-80-0262 it purchased 

from AECI on the elevator of Civil Aircraft N134SL, a Piaggio Avanti Model P-180 aircraft, 

and subsequently operated the same aircraft. 

15. The installed subject kit consisted of two elevator center hinge fittings, PIN 80-

393103-405AEC, each with accompanying strap, and two elevator outboard hinge fittings, PIN 

80-393103-407 AEC, each with accompanying strap. 

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16. In December 2010 AECI had not applied to the FAA for PMA approval to 

manufacture and sell the hinge fittings identified herein marked "FAA-PMA" for installation on 

the elevator of any Piaggio Avanti Model P-180 aircraft. 

17. In December 201 0 AECI did not hold a PMA approval granted to it by the FAA 

for the manufacture and sale of the hinge fittings identified herein such that they could be 

marked "FAA-PMA" (or "PMA") and be installed on the elevator of any Piaggio A vanti Model 

P-180 aircraft. 

18. AECI did not submit an application for such PMA approval to the FAA's Aircraft 

Certification Office (ACO) in Atlanta, Georgia, until January 21,2011, less than a month after 

AECI sold the four AECI Modification Kits, PIN SB-80-0262, containing hinge fittings 

marked "F AA-PMA", to AI as described herein. 

19. To date the FAA's ACO has not issued AECI any approval for the manufacture 

of the hinge fittings identified herein. 

20. On or about October 14, 2011, FAA personnel conducted an inspection ofthe AI 

repair station. 

21. Incident to the noted inspection FAA personnel discovered that four of the parts 

described in paragraph 14 above (two elevator center hinge fittings, PIN 80-3931 03-405AEC, 

and two elevator outboard hinge fittings, PIN 80-393103-407AEC) sold to AI by AECI on 
December 23,2010, were installed on the elevator of Civil Aircraft N134SL, a Piaggio Avanti 

Model P-180 aircraft. 

22. The installed hinge fittings bought by A1 from AECI, and installed by AI, were 

marked "FAA-PMA." 

23. The FAA had not granted Parts Manufacturer Approval to Aviation Engineering 

Consultants, Inc. to produce and sell the subject parts installed on Civil Aircraft N134SL by AI. 

24. The four hinge fittings bought by AI from AECI marked "FAA-PMA", and 

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installed by AI on Civil Aircraft N134SL, were unapproved parts, and upon installation rendered 

Civil Aircraft N134SL unairworthy. 

25. The installation of the unapproved parts in question resulted in a severity 

determination by the FAA's ACO engineer who reviewed the degree of hazard involved with the 

subject installation as critical, i.e., having the potential for severe injury or substantial damage in 

the event of failure of the part(s). 

26. The actions of AECI, as alleged herein, are significantly aggravated by the fact 

that the production, and sale, of the parts in question were accomplished deliberately and with 

full knowledge by the Respondent Company that it did not have PMA approval from the FAA to 

mark the hinge fittings in question that it sold to A1 "FAA-PMA". 

27. The foregoing is evidenced by the fact that less than a month after selling and 

shipping the parts in question to AI, AECI submitted its application to the FAA's ACOin 

Atlanta, Georgia, for the very approval it did not have; an application by which the Respondent 

Company sought a formal grant of approval to legally produce the very parts it had just sold to 

AI- an approval the Respondent Company has yet to receive as it pertains to the subject parts. 

III 

1. By reason of the foregoing facts and circumstances, the Respondent Company 

deliberately circumvented and violated the following sections of the Federal Aviation 
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Regulations: 

a. Section 21.9(a)(2), which states in relevant part that that if a person 

knows, or should know, that a replacement or modification article is reasonably likely to be 

installed on a type-certificated product, that person may not produce the article unless it is 

produced under an FAA production approval. 

b. Section 21.9(b), which states in relevant part that a person who produces 

a replacement or modification article for sale may not represent that part as suitable for 

installation on a type-certificated product. 

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 $44,000 is 

appropriate, warranted, and justified. 

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

Law Judge enter an order that Respondent Company be assessed a civil penalty in the amount of 

$44,000. 

Dated this 301

h day of July 2013 

Respectfully submitted, 

A. Lester Haizlip 

Regional Counsel 

By: 1 ~.i/• ~ ~/· 

~~,l~:. kG. Camacho · ' 

/ Semor Enforcement Attorney 

l

i Federal Aviation Administration 

, 901 Locust St., Room 506 

Kansas City, MO 64106-2641 

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

ATTORNEY FOR 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 to 

Section 13.208(d) or Section 13.218(f)(l-4) instead of filing an answer, not later than 30 days 

after service ofthe 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. 

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In the Matter of Aviation Engineering Consultants, Inc. FDMS No. FAA-2013-0284 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date provided a copy of the FAA's Amended Complaint 

via the methods listed below, to: 

Mr. Kamran Rouhani 

Aviation Engineering Consultants, Inc. 

2750 Sunset Point Road 

Clearwater, FL 33759 

(Copy via regular mail) 

Douglas J. Barnard, Esq. 

Plane Law 

14695 Airport Parkway, Suite 6 

Clearwater, FL 33762 

(Copy via regular mail) 

The Honorable J. E. Sullivan 

Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

FAX: (202) 366-7536 

(Copy via fax; hard copy via regular mail) 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl 000 

(Original and one copy via regular mail) 

Dated this 30th day of July 2013. 

.Mark / 

";fl;~/f/~ Camacho 

/

1 Senior Enforcement Attorney