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## ;.;,,t\;\iSPORTt\TIOi\J UNITED STATES OF AMERICA

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### DEPARTMENT OF TRANSPORTATION 1



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### OFFICE OF HEARINGS WASHINGTON, D.C. 

# RECEIVED

******************************************* 

## * SEP 11 2012 

# HEARING DOCKET In the Matter of:
Aviation Technical Services, Inc. 

## * * * 

## * * * * 

## * * FAA Case No. 2010NM010105 FDMS No. FAA-2011-0682 Judge Richard C. Goodwin


## ******************************************* ANSWERTO SECOND AMENDED COMPLAINT

COMES NOW Respondent Aviation Technical Services, Inc. ("ATS"), through counsel, and answers the Second Amended Complaint against itas follows: 

### GENERAL DENIAL Except to the extent specifically and unequivocally admitted herein, all allegations contained in the Second Amended Complaint are denied. 

### ANSWER TO PART I ATS admits the allegations contained in Part I ofthe Second Amended Complaint. 

### ANSWER TO PART II 1. ATS admits the allegations contained in Paragraph 1ofPart II ofthe SecondAmended Complaint.

### 2. a. ATS admits the allegations contained in Paragraph 2.a. ofPart II ofthe Second Amended Complaint. b. ATS admits the allegations contained in Paragraph 2.b. ofPart II ofthe Second Amended Complaint.
c. With regard to the allegations contained in Paragraph 2.c. ofPart II ofthe Second Amended Complaint, ATS admits only that it performed maintenance on behalfof Southwest Airlines (SW A), an air carrierhaving a continuous airworthiness maintenance program, including: the overhaul ofBoeing 737 main landing gear actuator beam assembly part number 65-46108-17 serial number 815 on or about August 12, 2009. The balance ofthis paragraph is denied. d. With regard to the allegations contained in Paragraph 2.d. ofPart II ofthe Second Amended Complaint, ATS admits only that it performed maintenance on behalfof Southwest Airlines (SWA), an air carrierhaving a continuous airworthiness maintenance program, including: the overhaul ofBoeing 737 main landing gear actuator beam assemblypart number 65-46108-19 serial number 2565 on February 2, 2010. The balance ofthis paragraph is denied.
3. With regard to the allegations contained in Paragraph 3 ofPart II ofthe Second Amended Complaint, ATS admits only that Airworthiness Directive (AD) 2009-09-07, atparagraph 

### (t), states as follows: "Except as provided byparagraphs (g) and (h) ofthis AD: At the applicable times specified in paragraph I.E. ofBoeing Service Bulletin 737-32Al355, Revision 2, dated March 5, 2008, inspect for damage ofthe retract actuator beam ofthe MLG and overhaul the retract actuator beam, as applicable, by doing all the applicable actions specified in the Accomplishment Instructions ofBoeing Service Bulletin 737-32Al355, Revision 2, dated March 5, 2008. Do all applicable**rela~ed** investigative and corrective actions before further flight. Repeat the applicable inspection oroverhaul thereafter at the applicable time specified in paragraph I.E. ofBoeing Service Bulletin 737-32Al355, Revision 2, dated March 5, 2008." ATS further admits thatAirworthiness Directive (AD) 2009-09-07, atparagraph (h), states as follows: "Boeing Service Bulletin 737-32Al355, Revision 2, dated March 5, 2008, specifies that the actions are for airplanes with newMLG retract actuator beams that have not been overhauled having partnumber (PIN) 65-46108-15 and subsequent dash numbers; and new oroverhauled MLG retract actuator beams having 

### PIN 65-46108-14 and previous dash numbers."
4. ATS admits the allegations contained in Paragraph 4 ofPart II ofthe Second Amended Complaint. 5. ATS denies the allegations contained in Paragraph 5 ofPartII ofthe Second Amended Complaint.



### 26. ATS denies the allegations contained in Paragraph 6 ofPart II ofthe Second Amended Complaint.
7. ATS denies the allegations contained in Paragraph 7 ofPart II ofthe Second Amended Complaint.
8. ATS admits the allegations contained in Paragraph 8 ofPartII ofthe Second Amended Complaint. 9. ATS denies the allegations contained in Paragraph 9 ofPart II ofthe Second Amended Complaint. 10. ATS denies the allegations contained in Paragraph 10 ofPart II ofthe Second Amended Complaint. 11. ATS denies the allegations contained in Paragraph 11 ofPart II ofthe Second Amended Complaint. 

### ANSWER TO PART III
1. ATS denies the allegations contained in Paragraph 1ofPart III ofthe Second Amended Complaint, including all subparts.
2. ATS denies the allegations contained in Paragraph 2 ofPart III ofthe Second Amended Complaint.
3. ATS denies the allegations contained in Paragraph 3 ofPart III ofthe Second Amended Complaint. WHEREFORE, Respondent Aviation Technical Services, Inc., through counsel, requests that the Administrative LawJudge enter an order finding that Respondent Aviation Technical Services, Inc., did not violate any ofthe Federal Aviation Regulations as alleged by the Federal Aviation Administration in this matter, and further requests that the Second Amended Complaint be dismissed and that no civil penalty be assessed against it.



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Respectfully submitted this lOth day ofSeptember, 2012.

Dane 

### B. Jaques, Esq. DombroffGilmore Jaques & French, PC 1676 International Drive, Penthouse McLean, VA 22102 Tel: 703-336-8800 Fax: 703-336-8750 djaques@dglitigators.com Counsel for Respondent Aviation Technical Services, Inc.



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# ______________

# .........

CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy ofthe foregoing Answer to Second Amended Complaint onthe following party's counsel or designatedrepresentative, at the address indicated, by UPS overnight delivery: Karen Davis Huber, Esq. Federal Aviation Administration Office ofRegional Counsel Northwest Mountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 Fax: 425-227-1007 I also certifythat I have this day served the original and one copy ofthe foregoing Answer to Second Amended Complaint on the following, at the address indicated, by UPS overnight delivery: Hearing Docket Federal Aviation Administration 600 Independence Avenue, S.W. WilburWright Building- Suite 2Wl000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Fax:202-493-5142 I also certify that I have this day served a copy ofthe foregoing Answer to Second Amended Complaint onthe following, atthe address indicated, byUPS overnight delivery: The Honorable Richard C. Goodwin, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. Washington, DC 20590 Fax: 202-366-7536 Dated this 1Oth day ofSeptember, 2012.
Jam s . Eastwood DomoroffGilmore Jaques & French, P.C. 1676 International Drive, Penthouse McLean, VA 22102 Tel: 703-336-8800 Fax: 703-336-8750

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