In the Matter of: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Served: July 30, 2013 FDMS No.: FAA-2013-0284

# RECEIVF~ AUG- 62013 

## 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 ofthe Rules ofPractice (14 C.F.R. 13.208), andthe Order served inthis matter dated July 16, 2013, and states as follows: I. 1. On March28, 2012, Respondent Aviation Engineering Consultants, Inc. (AECI)

was advised through a Notice ofProposed Civil Penalty thatthe FAA proposedto 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 hereinaftermentioned, AECIwas the producer ofvariousreplacement parts for type certificated aircraft with facilities locatedat2159 McMullen Booth Ro.ad and· 2750/2754 Sunset Point Road, Clearwater, Florida. 2. In 2010 AECI manufacturedtwo types ofelevator hinge fittings, outboard hinge fittings, part number (PIN) 80-393103-407AEC, and center hinge fittings, 

### PIN 80-393103- 405AEC, each with accompanying straps.

·. 3. Bothhinge fittings identified above were intended for saleto b" installed and used on the elevator located on a Piaggio Avanti ModetP"180, a U.S. type"certificated civil aircraft. 4. Incidentto AECI's manufacturing ofthe subjecthinge fittings, two center hinge fittings andtwo outboard hinge fittings, with accompanying straps, were combined to becomeAECI Modification Kit, 

### PIN SB-80-0262, produced for sale and installation on the elevator of Piaggio Avanti Model P-180 civil aircraft. 2

5. On or about December 23,2010, AECI sold and shippedfour ofthe subject kits to Avantair, Inc., (AI) located at4311 General Howard Drive, Clearwater, Florida. 6. AI, an exclusive fractional aircraft ownership provider ofthe Piaggio Avanti, also offers private aviation services primarily in North America, including aircraftrelated 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 soldto AI noted above consisted ofa total ofeight elevator center hinge fittings, 

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

### PIN 80-393103- 407AEC, eight straps 

### PIN 80M000095-003, and eight straps 

### PIN 80M000095-001. 8. Each ofthe 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 ofa PMAhas 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 PMApart. 13. Based on the foregoing, the use ofthe acronym "FAA-PMA" marked on the elevator hinge fittings soldby AECI to AI for installation and use on the elevators ofAI's Piaggio Avanti Model P-180 civil aircraft denoted that AECI had applied to, and received an official grant ofapproval from, the FAAto manufacturer and sell the subject parts, and further, that suchparts were suitable for installation on the elevators ofAI'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 ofthe AECI Modification Kits, 

### PIN SB-80-0262 it purchased from AECI onthe elevator ofCivil AircraftN134SL, a Piaggio Avanti Model P-180 aircraft, and subsequently operatedthe same aircraft. 15. The installed subject kit consisted oftwo elevator center hinge fittings, 

### PIN 80- 393103-405AEC, each with accompanying strap, and two elevator outboardhinge fittings, 

### PIN 80-393103-407AEC, each with accompanying strap. 3

16. In December 2010 AECI had not appliedto the FAA for PMA approval to manufacture and sell the hinge fittings identified hereinmarked "FAA-PMA" for installation on the elevator ofany Piaggio Avanti Model P-180 aircraft. 17. InDecember 2010 AECI did not hold a PMA approval granted to it by the FAA for the manufacture and sale ofthe hinge fittings identified herein such thatthey could be marked "FAA-PMA" (or "PMA") and be installed onthe elevator ofany Piaggio Avanti Model P-180 aircraft. 18. AECI didnot submit an application for such PMA approval to the FAA's Aircraft Certification Office (ACO) inAtlanta, 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 "FAA-PMA", to AI as described herein. 19. To date the FAA's ACO has not issued AECI any approval for the manufacture ofthe hinge fittings identified herein. 20. On or about October 14, 2011, FAApersonnel conducted an inspection ofthe AI repair station. 21. Incident to the noted inspection FAA personnel discovered that four ofthe parts described inparagraph 14 above (two elevator center hinge fittings, 

### PIN 80-393103-405AEC, and two elevator outboard hinge fittings, 

### PIN 80-393103-407AEC) sold to AI by AECI onDecember 23,2010, were installed onthe elevator ofCivil AircraftN134SL, 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 FAAhad 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 4

installed by AI on Civil Aircraft N134SL, were unapproved parts, and upon installation rendered Civil Aircraft N134SL unairworthy. 25. The installation ofthe unapproved parts in question resulted in a severity determination by the FAA's ACO engineer who reviewed the degree ofhazard involved withthe subject installation as critical, i.e., having the potential for severe injury or substantial damage in the event offailure ofthe part(s). 26. The actions ofAECI, as alleged herein, are significantly aggravated by the fact that the production, and sale, ofthe parts in question were accomplished deliberately and with full knowledge bythe 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 applicationby whichthe Respondent Company sought a formal grant ofapproval to legally produce the very parts ithadjust sold to AI- an approval the Respondent Company has yetto receive as it pertains to the subject parts. III 1. Byreason ofthe foregoing facts and circumstances, the Respondent Company deliberately circumvented and violated the following sections ofthe Federal Aviation

### 5 Regulations:

a. Section 21.9(a)(2), which states in relevant part that that ifa 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 inrelevant 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. Pursuantto Title 49 U.S.C. 46301, Respondent is subject to a civil penalty not to exceed $11,000 for each ofthe violations alleged. 3. Under the facts and circumstances ofthis case, a civil penalty of$44,000 is appropriate, warranted, andjustified. WHEREFORE, the Agency, by counsel, respectfully requests thatthe Administrative LawJudge enter an order that Respondent Company be assessed a civil penalty inthe amount of $44,000.

Dated this 301h day ofJuly 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 COMPLAINANTAnswer Section 13.209(a) ofthe Rules ofPractice inFAA Civil PenaltyProceedings states, "A respondent shall file a written answer to the complaint, ormay file a written motionpursuantto Section 13.208(d) or Section 13.218(f)(l-4) instead offiling an answer, not later than 30 days after service ofthe complaint. Section 13 .209(f) states, "Aperson's failure to file an answer without good cause shall be deemed an admission ofthe truth ofeach allegation contained inthe complaint. 67 In the Matter ofAviation Engineering Consultants, Inc. FDMS No. FAA-2013-0284

CERTIFICATE OF SERVICE I hereby certify that I have this date provided a copy ofthe FAA's Amended Complaint viathe methods listed below, to: Mr. Kamran Rouhani AviationEngineering Consultants, Inc. 2750 SunsetPoint 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 LawJudge U.S. Department ofTransportation Office ofHearings, M-20 1200 NewJersey 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 2Wl000 (Original and one copy via regular mail)

Datedthis 30th day ofJuly 2013.

# ";fl;~/f/~ / .Mark Camacho / 1 Senior EnforcementAttorney