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 2Wl 000 

In the Matter of Aero-Weld, Inc. 

Docket No. 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 2 2013 

HEARING DOCKET 

Enclosed are the original and one copy of the complaint in the above-referenced proceeding. 

The Complainant requests that the hearing in this matter be held in the 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: 

f 

Yolanda Ayhla Bernal 

Senior Attorney 

Safety Enforcement Branch 

Phone: (817) 222-5070 

FAX: (817) 222-5945 or 5092 

Enclosure 
In 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 of the Rules of Practice in FAA 

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

of $20,000.00. On August 15, 2012, Respondent submitted a written request for a hearing. 

II. 

I. At all times pertinent herein, Aero weld, Inc. herein after referred to as Aero-Weld 

was the holder of Air Agency Certificate No. W2XR853X and operations 

specifications issued under Part 145 of the Federal Aviation Regulations authorizing 

it to operate as a domestic repair station. 

2. On or 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, an Airbus A320-214, 

operated by USA 3000. 

3. N260AV was at Premier Aviation Overhaul Center, Ltd. (EPHR), located in Rome, 

New York for the I 0 year check tasks and gear replacement. 

4. Premier Aviation subcontracted Aeroweld to perform NDT, thermographic 

inspections on the left and right elevators. 

5. Aeroweld employees documented and signed off the thermographic inspection for 

the left elevator on Task Card 552007-01-2/335, page 4 of 8 and page 5 of 8. 

6. Aeroweld employees documented and signed off the inspection of the right elevator 

on Task Card 552007-01-2/345, page 4 of 8 and page 5 of 8. 

7. The thermographic inspection revealed an anomaly on the elevators resulting in 

accomplishment of a tap test by Aero weld Inc. personnel. 
8. The tap test resulted in no defects being located as documented on an Aeroweld, 

FormA W-I. 

9. At USA 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 and right elevators. 

11. Premier Aviation personnel located the anomaly on the 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 in that Aeroweld does not hold the rating 

authorizing thermographic inspections. 

14. Further investigation revealed that an employee of Aeroweld could not present a 

hard copy of Aeroweld's repair station manual when requested by FAA Inspector 

Karamargin. 

15. An Aeroweld employee attempted to access an electronic copy of the Aeroweld 

repair station manual but the folder was empty. 

16. Aeroweld is not authorized electronic manuals in accordance with their Operations 

Specifications, A004 Summary of Special Authorizations and Limitations, reference 

paragraph A025. 

17. By reason of the foregoing, Aeroweld violated the following sections of the Federal 

Aviation Regulations (FARs): 

a. Section 145.201 (b) in that a certificated repair station may 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 if it requires 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 of this part. 

III. 

I. Under 49 U.S.C. §46301, Cisco is subject to a civil penalty for each of the 

violations alleged. The maximum penalty per violation is $10,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of$20,000.00 is 

appropriate. 
Complainant respectfully requests that the administrative law judge enter an order that 

Respondent Aero-Weld be assessed a civil penalty in the amount of $20,000.00. 

Submitted this 5th day of February 2013 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

By: 

Yolanda Ayala Bern 

Senior Attorney 

Safety Enforcement Branch 

Phone: (817) 222-Sb70 

FAX: (817) 222-5p4s or 5092 e-mail: Yolanda.A.Bernal(ii)faa. gov 
CERTIFICATE 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 2Wl 000 

TEL: (202) 385-8229 

FAX: (202) 493-5142 

and by Certified Mail, Return Receipt Requested to: 

JeffreyS. Ruth 

Aero-Weld, Inc. 

433 Breesport 

San Antonio, TX 78216 

TEL: (210) 590-7888 

FAX: (210) 366-2618 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey 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 of the Regional Counsel 

Southwest Region 

Date: February 5, 2013