11/01/2010 1G:38 FAX 2024935142 FAA + DMS @l001/009 

OEPARTMENT OF 

^ K4NSPOi^lAriON 

'^•^KET OPERATIONS 

< ^ 

•;3 :'n7 2 A S: II 

U.S. Department 

of Transportation 

Eastern Region 

Office of Regional Counsel 

Federal Aviation 

Administration 

OCT 1 9 2010 

CERTIFIED MAIL RETURN RliCF-TPT REQUESTED 

1 Aviation Plaza 

Jamaica. NY 11434 

Telephone: 718-553-3270 

Facsimile; 718-995-5699 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

Room El2-320 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Re: 

& Jason Dickstein 

Washington Aviation Group, PC & Law 

OiTices of Jason Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 

Jn the Matier of Brendan Airways, LI .C 

FAA Docket No. CP09EA0007 

DMS No. FAA-2009-0032 

AMENDED COMPLAINT COVER LH ITER 

Attached lo this document is the Complainant's Amended Complaint in the above 

captioned matter. The amendments in the Amended Complaint consist of modilication of 

the language in paragraph 14 in Section H, the deletion of Sections §§121.153(a)(2). and 

121.628(a)(5) of the Federal Aviation Regulations [FAR] from Section 111, and the 

addition of Section §91.13(a) of the FAR to Section HI. Concerning the addition of 

Section §91-13(a) the factual allegation that suppons the finding of this regulation had 

been alleged in each of the Notice, Final Notice, and the Complaint previously filed by the 

Complainant in this matter. Thus, the omission heretofore of the addition of this regulation 

was inadvcrtcnx error on the part of Counsel for the Complainani. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

• / 

David Cohen 

Attorney 

/ ^ 

Cc: Federal Aviation Administration (Original and One Copy) 
11/01/201 0 16:3 8 FAX 202493514 2 FAA •> DMS §1002/009 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVTATTON ADMINISTRATION 

OFFICE o r HEARINGS 

WASHINGTON, B.C. 

In the Matter of Brendan Airways, LLC 

DMS No. FAA-2009-0032 

FAA .Docket No. CP09EA0007 

FAA Case No. 2008EA170038 

Chief Administrative Law Judge Yoder 

AMENDED COMTLAINT 

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. 13.214), and 

states as follows: 

I 

Respondent, Brendan Airways, LLC, was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penally in the amount 

of 515,000. On January 2, 2009, Respondent submitted a written demand for a 

hearing. On January 14,2009, the Complainant filed a Complaint. 

II 

1. Brendan Airways, LLC (hereinafter "Brendan Airway.s'\ "you" or 

''your") is the holder of Air Carrier Certificate No. U30A762J. 

2. Pursuant to the above referenced air carrier certificate you are 

authorized to conduct operations under Part 121 of the Federal 

Aviation Regulations (FAR). 
11/01/2010 1G;38 FAX 2024935142 FAA + DMS 21003/009 

3. On or about May 17, 2008, you operated an Airbus A320-212, 

(hereinafter "the aircraft"), identification number N265AV, on a flight 

that took off and landed at Miami International Airport, Florida 

(hereinafter "fhc flight"). 

4. Prior to the flight, maintenance was perfonried on the aircraft in which 

the spoiler servo actuators for left wing roll spoilers tlirce and five 

were placed in the maintenance mode. 

5. Subsequent to the aforementioned maintenance the spoiler servo 

actuators for left wing roll spoilers three and five were not returned to 

the operational mode prior to the flight. 

6. Pursuant to the Airbus Maintenance "Manual for this aircraft if the 

spoilers arc left in the maintenance mode aerodynamic forces will 

caused unwanted movement of the spoiler. 

7. By virtue of the foregoing, you performed maintenance on the 

aircraft's left wing roll spoilers three and five without using the 

methods, techniques, and practices prescribed in the current 

manufacturers maintenance manual or Instructions For Continued 

Airworthiness prepared by its inanuiacturer, or other methods, 

techniques, and practices acceptable to the Administrator. 

8. By virtue of the foregoing, you performed maintenance, without doing 

the work in such a manner that the condition of the aircraft, airfiranie, 

aircraft engine, propeller, or appliance worked on was at least equal to 

its original or properly altered condition. 

9. During the flight, the aircraft took off at approximately 1725 Universal 

Time Coordinated (UTC) and landed at approximately 2045 UTC. 

10. During the flight, but prior lo takeofl", an amber "LAF DEGRADED" 

message was displayed on ihe aircraft's Electronic Centralized 

Aircraft Monitor (ECAM). 

11. The amber LAF DEGRADED message on the aircraft's ECAM 

comes on when there is a failure of one of the aircraft's spoiler 

servojacks. 
11/01/2010 1G;38 FAX 2024935142 FAA * DMS 0004/00 9 

12. During the flight, but prior to takeoff, the ECAM indicated that the 

following wing roll spoilers were not operational and/or were locked 

out: 

a) left wing roll spoiler No. 3; 

b) left wing roll spoiler No. 5; 

c) right wing roll spoiler No. 3; 

d) right wing roll spoiler No. 5 

13. During the flight, but prior to takeoff, the pilots operating the aircraft 

were aware that the aircraft's ECAM indicated that the following wing 

roll spoilers were not operational and/or were locked out: 

a) left wing roll spoiler No. 3; 

b) left wing roll spoiler No. 5; 

c) right wing roll spoiler No. 3; 

d) right wing roll spoiler No. 5 

14. Pursuant to the aircraft's Minimum Equipment List (MEL) the aircraft 

cannot be dispatched when two pair of symmetrical spoiler surfaces 

three and tive are inoperative. 

15. Notwithstanding tlic above, during the flight you operated the aircraft 

during takeoff and thereafter with the following inoperative 

instruments; 

a) left wing roll spoiler No. 3; 

b) left wing roll spoiler No. 5; 

c) right wing roll spoiler No. 3; 

d) right wing roll spoiler No. 5 
11/01/2010 16:38 FAX 2024935142 FAA * DMS 12005/009 

16. During the flight, and within twenty minutes after takeoff, the ECAM 

once again indicated that the following wing roll spoilers were not 

operational and/or were locked out: 

a) left wing roll spoiler No. 3; 

b) left wing roll spoiler No. 5; 

c) right wing roll spoiler No. 3; 

d) right wing roll spoiler No. 5 

17. During the flight, aiid the aircraft's first landing attempt at Miami 

International Airport, the aircraft's left wing tip contacted the runway 

causing damage to the left wing tip. 

18. Due to the above-referenced inoperable wing roll spoilers, during the 

flight, the first landing attempt was aborted. 

19. During the flight, the aircraft was operated in an unairworthy 

condition. 

20. During the flight, the aircraft was operated in a careless or reckless 

manner so as lo endanger the life or property of another. 

m 

By reason of the foregoing facts and circumsiances. Respondent violated the 

following scction(s) of the Federal Aviation Regulations: 
11/01/2010 16:38 FAX 2024935142 FAA + DMS 12008/009 

a. Section 43.13(a), which states that each person performing 

maintenance, alteration, or preventive maintenance on an aircraft, 

engine, propeller, or appliance shall use the methods, tcclmiques, and 

practices prescribed in the current manufacturer'.s maintenance manual 

or Instructions for Continued Airworthiness prepared by its 

manufacturer, or other methods, techniques, and practices acceptable 

to the Administrator, except as noted in §43.16. He shall use the tools, 

equipment, and test apparatus necessary to assure completion of the 

work in accordance with accepted industry practices. If special 

equipment or lest apparatus is recommended by the manufacturer 

involved, he must use that equipment or apparatus or its equivalent 

acceptable to the Administrator. 

b. Section 43.13(b), which states that each person maintaining or 

altering, or performing preventive maintenance, shall do that work in 

such a manner and use materials of such a quality, that the condition of 

the aircraft, airfrainc, aircraft engine, propeller, or appliance worked 

on will be at least equal to its original or properly altered condition 

(with regard to aerodynamic fiinction, structural strength, resistance to 
^ 11/01/201 0 16:39 FAX 2024935142 FAA + DMS gjOOT/OOB 

vibration and deterioration, and other qualities affecting 

airworthiness). 

c. Section 91.7(a), which states ihal no person may operate a civil aircraft 

unless h is in an airworthy condition. 

d. Section 91.13(a), which stales that no person may operate an aircraft in 

a careless or reckless manner so as to endanger the life or property of 

another. 

IV 

1. Pursuant lo 49 U.S.C. §46301(a)(1), Respondent is subject to a civil 

penalty not to exceed $25,000 for each of the violations alleged, or, for a small 

business concem, pursuant to 49 U.S.C, §46301(a)(5), Respondent is subject to a 

civil penalty not to exceed SI 1,000 for each of ihc violations alleged. 

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

is appropriat.e. 
11/01/201 0 16:39 FAX 2024935142 FAA -^ DMS 121008/009 

WHEREFORH, the FAA, by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of $15,000. 

Respectflilly submitted, 

Altred R. Johnson, Jr. 

Regional Counsel 

David M. Cohen 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

.Jamaica, NY 11434 

718 553-3270 

(718)995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R- Part 13). 

The Rules of Practice provide that Respondent must file a written 

response to this Amended Complaint, or a written Motion to Dismiss if 

appropriate, not later than 20 days after the date shown on the Certificate of 

Service. A general denial is deemed a failure to file an answer (Section 

13.209(e)). 
11/01/2010 16:39 FAX 2024935142 FAA -i- DMS 12009/009 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Amended Complaint has been placed this date in 

the United States mail, postage prepaid, by Certified Mail - Return Receipt 

Requested addressed as follows: 

The Honorable Ronnie A. Yoder 

Chief of Administrative Law Judge 

Office of Hearings, M-20 

Room El2-320 

US Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Jason Dickstein 

Washington Aviation Group, PC & Law Offices of Jason Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

OCT t 9 2010 

Date; 

sa Hooks 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434