Plane Lawin Plain English

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### April 22, 2013 Federal Aviation Administration 600 Independence Avenue, S.W. WilburWright Building
- Suite 2W1 000 Washington, DC 20591 Attention: Hearing Docket Clerk- AGC-430 Re: FAAv. Aviation Engineering Consultants, Inc. Docket#2012CE440003 Dear Sir/Mdm.: 

# RECEIVED APR 2**~** 

## 2013 

## HEARING DOCKET

Please acceptthis correspondence as my client, Aviation Engineering Consultants Inc. ("AEC"), formal written request for a hearing in the above-referenced matter. AEL**~enies** 

### the allegations in the FAA's final notice ofproposed civil penah. '1nd requests that a hearing in this matter be scheduled in Clearw,c:ier, Florida. Should that location be unavailable, we would request thatthe hearing be conducted in Tampa, Florida or in Atlanta, Georgia. AEC asserts that it did notwillfully violate the provisions of 14 CFR 21. 303(a) in thatthe company did not sell the parts alleged in the administrators final order nor intentionally place these parts in the stream ofcommerce. Accordingly, AEC requests that the administrators order be dismissed or in the alternative that AEC be allowed to present evidence in mitigation ofthe Administrator's allegations contained in their Final Notice of Proposed Civil Penalty dated April 08, 2013 (attached).

DouglasJ. Barnard, Esq.*

*Alsoadmittedto the Districtof Columbia AFFILIATES WORLDWIDE 14695 AirportParkway, 2ndFloor. Clearwater, FL 33762 email: dougb@planelaw.com Office: (727) 259-0224

Fax: (727) 259-0223

### Thank you foryour urgent attention to this matter. Please direct all further correspondence and pleadings in this matterto the undersigned as counsel for Aviation Engineering Consultants Inc. I hereby certifythat I have served a true and correct copy ofthe above upon Mark Camacho, Esquire as senior enforcement attorney for the FAAon Apri12_9, 2013 via overnight courier, 

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# > to: United States Department ofTransportation, Federal Aviation Administration, Office of Regional Counsel, 901 Locust, room 506, Kansas City, MO 64106

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Douglas

## J. Barnard, Esquire

DouglasJ. Barnard, Esq.*

*Alsoadmittedto the Districtof Columbia AFFILIATES WORLDWIDE 14695 AirportParkway, 2ndFloor. Clearwater, FL 33762 email: dougb@planelaw.com Office: (727) 259-0224

Fax: (727) 259-0223US**Dep<Jrr~~e~,!** c.:**:r(!'l--S~.:r::J~O~r:)':** Federal Aviation Administration In Reply Refer To: ACE-7 20I2CF440003 Otlice of Reg1onal Counsel 901 Locust. Room 506 Kansas Crty MO &4106

Telephone (81 6) 329-3765 Facsimile: (816) 329-3771 FEDEX 0\'ER:\'IGHTDELIVERY -liSAirbill No. 8698 1211 3850 REGliLAR and CERTIFiED l\IAIL- RETURN RECEIPT REQUESTED Cert No. 7011 1150 0000 0337 0809 AprilS, 2013 Mr. Kamran Rouhani Aviation Engineering Consultants, Inc. 2750 Sunset Point Road Clearwater, FL 33759

FINAL NOTICE OF PROPOSED CIVIL PENALTY On !l·larch 28, 2012, /wiationEngineering Consultants, lnc. (AECI) was advised through a Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$44.000. \Ve have considered the infom1ation submitted in response to this Notice. A repon ofan investigation, and the infom1ation submined atthe informal conference on December 6, 2012, indicates that: 1. On or about December 23, 201 0, AECI shipped eight elevator center hinge fittings, pan number 80-393103-405, and eight elevator outboard hinge tittings. part number 80- 393103-407,10 Avantair, Inc. 2. On or about October 14, 2011, the Federal Aviation Administration (FAA), while conducting an inspection ofthe Avantair Repair Station, discovered that four ofthe pans described in paragraph I above (two elevator center hinge linings, pan number 80- 393103A05AEC, and two elevator outboard hinge finings, pannumber 80-393103- 407AEC) were installed on aPiaggio P-180 aircraft, Civil Aircraft N134SL. 3. The parts described in paragraph 2 above were marked "FAA-PMA." However, the FAA had not granted Parts ManufacturerApproval (PMA) to Aviation Engineering Consultants. Inc. to produce those parts.

### -+ B' reJson uf**th~ foreL:oin~**  facts •md circumstances. AYiatinn Eneineerlni:!: Cnnsu!Lant5.

. -**~** .__ ' .... ._ Inc. ,·iolated section 21.303(a) ofthe Federal ,-\viation Regulations. which provides that. except as prO\idcd in paragmph (b) ofthis section. no person may produce a modificatiun orreplacement pan for sale for installation on a type certificated product unless it is produced pursuant 10 a Parts i\1anufacturerApproval issued under this subpan [Title 14 0fthe Code ofFederal Regulations (CFR). Section 21.303(a)]. t'ndcrTitle 49 liSC 4630I. AEC1 is subject to a civil penalty noI to exceed $11.000 for each ofthe violations noted. By reason ofthe foregoing facts and circumstances. we propose to assess a civil penalty in the amount ofS44,000. Unless AECI mails or personally delivers, in \\Titing, its request for a hearing in this rnaner. within 15 days after receipt ofthis Final Notice. we will issue an Order Assessing Civil Penalty and AEC1 will haveno further right to a hearing. IfAEC1 does not submit a \\Titten request for a hearing, it must pay the proposed civil penalty. AECI's request for a hearing must be sent to the Hearing Docket Clerk at one ofthe following addresses: For service bvl!.S. Postal Sen·ice: Federal Aviation Administration Wilbur \\'right Building AGC-430/Room 924A Attention: Hearing Docket Clerk 800 Independence Avenue, SW. Washington, DC 20591 For service by personal deliven· or expedited couriersuch as Federal Express Federal Aviation Administration Wilbur \Vright Building Suite 2W1 000 600 Independence Avenue SW Washington, DC 20591 A copy also must be sent to the undersigned FAA attomey. AECl's request must be dated and signed, in accordance with Section 13.16 ofthe Federal Aviation Regulations. sent withthe Notice ofProposed Civil Penalty (14 CF.R. 13.16} AECI must pay the proposed penalty by submining a certi!kd check ormoney orderpayable 10 the Federal Aviation Administration, to the undersigned. In the alternative, AECI may pay its civil penalty with a credit card over the Internet. To pay electronically. visit the website at https:l/www.pay.gov. Under the Search Public Forms option, type in "FCE-FINE1." Click on ''FA:\ Civil Penalty Payments- Central Region." AEC1 must then completethe requestedinfnnnation and 

### click "Continue." AlCI 

### "·ill then be direued to enter its credit 

### card or bank account debit inlom1ation. Tc' use the bank accoum debit AECl "ill need its bank routing number. "ccount number. and check number. TilE FAA WILL '\OT ACCEPT INTERNET PAYME'\TS FOR A'\ AMOU'\T LESS THAl\ THE Ai\10l'1\'T SHOWl\ IN THE FINAL 1\'0TICE. A Lester Haizlip Regional Counsel By:

# :o 12CE4-l0003 

### ,\,iation Engineering Consultants. Inc. CERTIFICATE OF SERVICE I

### certif: thnt l have 

### this date served this Final ;\lotice ofProposed Ci,·il Penalty to the he

### lownamed addressees. 

### via the methods listed: 

### Mr. Kamran Rouhani Aviation Engineering Consultants. Inc. 2750 Sunset Point Road Clearwater. FL 33759 (Original via FedEx Overnight**Delin~·;** duplicate originals via next business**da~·** regular and certified mail) 

### Douglas J. Barnard. Esq. I4695 Airpon Pkwy Ste 6 Clearwater. FL 33762 (Copy via next business day regular mail) 

### Dated this 

## s"' day ofApril 20I3.