U.S. Department of Transportation Federal Aviation Administration Southwest Region Arkansas, Louisiana, New Mexico, Oklahoma Texas February 5, 2013 CERTIFIED MAIL -RETURN RECEIPT REQUESTED Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2Wl000 Inthe Matter ofAero-Weld, Inc. DocketNo. CP- To Be Assigned FDMS No. FAA-2012-0909 Case No. 2011SW170132 Dear Sir or Madam: Office of Regional Counsel 2601 Meacham Blvd., Rm. 663 Fort Worth, TX 76137 (817) 222-5099 (817) 222-5945/5092 FAX



# RECEIVED FEB 1 22013 

## HEARING DOCKET

Enclosed are the original and one copy ofthe complaint inthe above-referencedproceeding. The Complainantrequests that the hearing inthis matter be held inthe San Antonio, Texas area, and expects that the hearing will last one (1) day. Please serve me with all documents in this matter. Yolanda Ayala Bernal, ASW-7E2 Federal Aviation Administration Southwest Region 2601 Meacham Blvd., Room 663 Fort Worth, TX 76137 ERIC E. ANDERSON Regional Counsel Southwest Region

By: 

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Yolanda AyhlaBernal Senior Attorney Safety Enforcement Branch Phone: (817) 222-5070 FAX: (817) 222-5945 or 5092 EnclosureIn the Matter of: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

FAA Case No. 2011SW170132 AERO-WELD, 

### INC. FAA Docket CP No. -To Be Assigned FDMS No. FAA-2012-0909 Judge Ronnie A. Yoder

COMPLAINT The Complainant files its complaint, under Rule 208 ofthe Rules ofPractice inFAA Civil Penalty Actions, 14 CPR §13.208, and states the following: I. Respondent Aero-Weld, Inc. herein after referred to (Aero-Weld) was advised through a Notice ofProposed Civil Penalty thatthe FAAproposedto assess a civil penalty inthe amount of$20,000.00. On August 15, 2012, Respondent submitted a written request for a hearing.

II. I. At all times pertinent herein, Aeroweld, Inc. herein after referred to as Aero-Weld was the holder ofAir Agency Certificate No. W2XR853X and operations specifications issued under Part 145 ofthe Federal Aviation Regulations authorizing it to operate as a domestic repair station. 2. Onor about August 24,2011, personnel from the Philadelphia Standards District Office observed two employees from Aeroweld (W2XR) performing thermographic nondestructive testing (NDT) and inspection on N260A V, anAirbus A320-214, operated byUSA 3000. 3. N260AV was at Premier Aviation Overhaul Center, Ltd. (EPHR), located in Rome, NewYork for the I0 year checktasks and gear replacement. 4. Premier Aviation subcontracted Aeroweld to performNDT, thermographic inspections on the left andright elevators. 5. Aeroweld employees documented and signed offthe thermographic inspection for the left elevator on Task Card 552007-01-2/335, page 4 of8 and page 5 of8. 6. Aeroweld employees documented and signed offthe inspection ofthe right elevator onTask Card 552007-01-2/345, page 4 of8 and page 5 of8. 7. The thermographic inspection revealed an anomaly onthe elevators resulting in accomplishment ofa tap testbyAeroweld Inc. personnel.

### 8. The tap test resulted in no defects being located as documented on an Aeroweld, FormA W-I. 9. AtUSA 3000's request Premier Aviation accomplished a damage assessment of both left and right elevators. 10. The damage assessment found water ingress on both left andright elevators. 11. Premier Aviationpersonnel located the anomaly onthe left and right elevators addressed in paragraph 7 above that the tap test performed by Aeroweld personnel failed to detect. 12. The left and right elevators were then replaced with serviceable elevators. 13. The thermographic inspections performed by Aeroweld are contrary to Part 145 of the Federal Aviation Regulations and Aeroweld Operations Specifications, A003- Ratings and Limitations page A003-l inthat Aeroweld does not hold the rating authorizing thermographic inspections. 14. Further investigation revealed that an employee ofAeroweld could not present a hard copy ofAeroweld's repair station manual when requested by FAA Inspector Karamargin. 15. An

### Aeroweld employee attempted to access an electronic copy ofthe Aeroweld repair station manual but the folder was empty. 16. Aeroweld is not authorized electronic manuals in accordance with their Operations Specifications, A004 Summary ofSpecial Authorizations and Limitations, reference paragraph A025. 17. Byreason ofthe foregoing, Aeroweld violated the following sections ofthe Federal Aviation Regulations (FARs):

a. Section 145.201(b) 

### inthat a certificated repair stationmay not maintain or alter any article for which it is not rated, and may not maintain or alter any article for which it is rated ifitrequires special technical data, equipment, or facilities that are not available to it. b. Section 145.207(c) in that a certificated repair station's current repair station manual must be accessible for use by repair station personnel required by Subpart D ofthis part.

III. 

### I. Under 49 U.S.C. §46301, Cisco is subject to a civil penalty for each ofthe violations alleged. The maximum penalty per violation is $10,000.00. 2. Under the facts and circumstances ofthis case, a civil penalty of$20,000.00 is appropriate.Complainantrespectfully requests that the administrative lawjudge enter an order that Respondent Aero-Weld be assessed a civil penalty inthe amount of$20,000.00. Submittedthis 5th day ofFebruary 2013 ERIC E. ANDERSON Regional Counsel Southwest Region

By: YolandaAyala Bern Senior Attorney Safety Enforcement Branch Phone: (817) 222-Sb70 FAX: (817) 222-5p4s or 5092 e-mail: Yolanda.A.Bernal(ii)faa. govCERTIFICATE OF SERVICE

I certify that the foregoing Complaint, an original and one copy has been mailed this date by Certified Mail, Return Receipt Requested, to: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2Wl000 TEL: (202) 385-8229 FAX: (202) 493-5142

and by Certified Mail, Return Receipt Requested to: JeffreyS. Ruth Aero-Weld, Inc. 433 Breesport SanAntonio, TX 78216 TEL: (210) 590-7888 FAX: (210) 366-2618

The Honorable Ronnie A. Yoder ChiefAdministrative LawJudge U.S. Department ofTransportation Office ofHearings, M-20 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: (202) 366-2142 FAX: (210) 366-7536

Syl a C. Twa, Paralegal Specialist Fe era! Aviation Administration Office ofthe Regional Counsel Southwest Region Date: February 5, 2013