JUL. 

### 22. 2 014 I0:53AM F A A REGIONAL COUNSEL, AEA-7

U.S. DEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS

WASHINGTON, D.C. NO. 8784 P 2/22

IntheMatterofMountain Air Cargo, Inc., DocketNo. FAA-2014-0111, Case No. 2013EA680043

MOTIONFORDECISlON The Federal Aviation Administration (FAA), by counsel, hereby files a Motion for Decision, pursuant to Rule 218(f)(5) of the Rules of Practice (14 C.F.R §13.218(f)(5)), and states as follows: I (1) Respondent, Mountain Air Cargo, was advised through a Notice of Proposed Civil Penalty, followed by a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $11,000. On March 10, 2014, Respondent submitted a written demand for a hearing. (2) OnMarch 19, 2014, theAgency served its Complaint. ExhibitA. (3) The Complaintwas received byRespondent on March 24, 2014. Exhibit 

### B. (4) Under Rule 209(a) of the Rules of Practice (14 C.F.R. §13.209(a)), "A respondent shall file a written answer to the complaint, or may file a written motion pursuant to §l3.208(d) or §13.218(f)(l-4) ofthis subpartJUL. 22.2014 I0:53AM FA A REGIONAL COUNSEL, AEA-7 NO. 8784 P 3/22



### instead of filing an answer, not later than 30 days after service of the complaint." (5) Under Rule 211(e ) of the Rules of Practice (14 C.F.R. §13.2U(e)), "Whenever a party has

...a duty to act or make any response within a prescribed time period after service by mail, or on a date certain after service by mail, 5 days shallbe added to the prescribed period." (6) Under Rule 209(f) of the Rules of Practice (14 C.F.R. §13.209(1)), "A person's failure to file an answerwithout good cause shall be deemed an admission ofthetruth ofeach allegation contained in thecomplaint." (7) 

### Thus, the deadline for Respondent to file an answer (or motion under §13.208(d) or §13.218(1)(1-4)) was 35 days after March 19,2014, orApril 24,2014. (8) To date, Respondent has failed to file an answer (or motion under §13.208(d) or §13.218(1)(1-4)). (9) Respondent has not demonstrated good cause for its failure to flle an
answer. (10) As a result ofRespondent's failure to file an answer, the truth of each allegation in the Complaintmustbe deemed admitted. (11) Inthe Complaint, the following was alleged: I. 

### Mountain Air Cargo, Inc. (MTNA) 

### is the holder ofair carrier certificate numberMTNA123B.

2JUL. 22.2014 !0:53AM F A A REGIONAL COUNSEL, AEA-7 NO. 8784 P 4/22



### 2. Atall times relevant herein, MTNA operatedaircraft in operations underpart121 of the FederalAviationRegulations (FARs). 

### 3. Atall times relevant herein, MTNA was required by its operations specifications (hereinafter "the operations specifications'? to maintain the aircraftthat it operated under its Continuing Analysis andSurveillanceSystem (CASS). 4. At all times relevant herein, the CASS required compliance with FAR 121.373(a), which states that each certificate holder shall establish and maintain a systemfor the continuing analysis ttlld surveillance of theperformance and effectiveness ofits inspection program andtheprogram covering other maintenance,preventive maintenance, and alterations and for the correction of any deficiency in those programs, regardless of whether those programs are carried out by the certificate holder or by another person. 5. 

### At all times relevant therein, under the operations specifications, MTNA was required to comply with FAR 121.369(a) and to maintain a list (by name and location) of other persons (maintenance providers) with whom it arranged 

### to accomplish maintenance, preventive maintenance, or alterations for the certificate holder (hereinafter referred to 

### as "approved vendor list''). 6. At all times relevant herein, MTNA was authorized under the operations specification to include both essential maintenance providers andnon-essentialmaintenanceproviders. 7. 

### At all times relevant herein, essential maintenance was defined in the operations specifications as any RequiredInspection Item onwing accomplished after any maintenance or alteration, whereas nonessentialmaintenance was definedas othermaintenance. 8. At all times relevant herein, under the operations specifications, MTNA was requiredto demonstrate, through an on-site audit or by 

### some other means in accordance with FAR 121.373(a), that each nonessential maintenanceprovider in the approvedvendor list has an adequate organization, adequate facilities and equipment, competentpersonnel and is capable of performing the work that is consistentwith the requirements of FAR 121.367.

3JUL. 22 2014 10 53AM F A A REGIONAL COUNSEL, AEA-7 NO. 8784 P 5/22



### 9. At all times relevant herein, one ofthe nonessential maintenance providers included in the approved vendor list ofMTNA was NORDHAM GROUP INC., certified repair station number EZ2R 812K, locatedat11200E. Pine Street Tulsa, OK 74116(hereinafter referredto as "EZ2R"). I 

### 0. Atall times relevant herein, MTNAfailed to ensure thatEZ2R had an 

### adequate organization, adequate facilities and equipment, or competent personnel, and was not capable ofperforming the maintenance contracted out by MTNA in accordance with the requirements of FAR 12.367. 11. At all times relevant herein, in fact, EZ2R did not have an adequate organization, adequate facilities and equipment, or competent personnel, and was not capable ofperforming the maintenance contracted out by MTNA in accordance with the requirements of FAR 12.367. 12. Atalltimes relevantherein, insteadof performingthe maintenance contracted out by MTNA, EZ2R would arrange with another maintenanceprovider toperform the maintenance, specifically the NORDHAM GROUPINC. Transparency Division, certified repair station number EZ22 812K, located at 7018 North Lakewood, Tulsa, OK74117(hereinafter referredto as "EZ22"). 13. 

### Atall times relevant herein, EZ22 was not on the approvedvendor listof MTNA. 14. The maintenance contracted out by MTNA to EZ22 included, but was notlimitedto, maintenance on thefollowingparts: (a) Lefthandwing tip lens, shippedbyMTNA to EZ2R on orabout August15, 2011; (b) Righthan.dlanding light cover, shippedby MTNA to EZ2R on oraboutAugust25, 2011; (c) Landing light cover, shipped by MTNA to EZ2R on or about October14, 2011; (d) Righthandlanding light lens, shippedbyMTNA to EZ2R 011 

### or aboutFebruary 3, 2012;

4JUL, 22,2014 !0:53AM F A A REGIONAL COUNSEL, AEA-7 NO, 8784 P 6/22

(e) Endcap, shippedbyMTNA to EZ2R on oraboutMay 2, 2012; (/) Right hand wing tip lens, shipped by MTNA to EZ2R on or aboutAugustI, 2012; and (g) Lefthandwing tip lens, shippedbyMTNA to EZ2R on or about August18, 2012; (h) Endcap, shippedbyMTNA to EZ2R on or aboutSeptember 26, 2012,· (i) Left hand wing tip lens, shipped by MTNA to EZ2R, or about May 8, 2013; 

### 0) Right handwing tip lens, shipped by MTNA to EZ2R, or about May 13, 2013. 15. MTNA thus failed to comply with the operationsspecifications. 16. MTNA thus failed to ensure that maintenance, preventive maintenance, andalterationsperformed by it, or by otherpersons, were performed in accordance with the certificate holder's manual. 17. MTNA thus failed to establish and maintain a system for the continuing analysis and surveillance of the performance and effectiveness ofits inspectionprogram and the program covering other maintenance, preventive maintenance, and alterations and for the correction ofany deficiency in thoseprograms, regardless

ofwhether thoseprograms are carriedoutby the certificate holder or by anotherperson.
12.Byreason ofthe foregoing facts and circumstances, itwas alleged that Respondeutviolatedthe following sections ofthe FederalAviation Regulations:



### a. Section 119.5(1), which states that noperson may operate an aircraft under thispart, part 121 ofthis chapter, orpart 135 of this chapter in violation of an air carrier operating certificate, operating certificate, or appropriate operations specifications issuedunderthispart. 5JUL. 22.2014 I0:53AM F A A REGIONAL COUNSEL, AEA-7 NO. 8784 P 7/22



### b. Section 121.367(a), which states that each certificate holder shall have an inspection program and a program coverit1g other maintenance, preventive maintenance, andalterations that e1zsures that maintenance, preventive maintenance, and alterations performed by it, or by other persons, are performed in accordance with the certificate holder's manual.

c. Section 121.367(b), which states that each certificate holder shall have an inspection program and a program covering other maintenance, preventive maintenance, and alterations that ensures that competent personnel and adequatefacilities and equipment are provided for the proper performance of maintenance, preventive maintenance, and alterations. d. 

### Section 121.373(a), which states that each certificate holder shall establish and maintain a system for the continuing analysis and surveillance of the performance and effectiveness ofits inspection program and the program covering other maintenance, preventive maintenance, andalterations and for the correction of any deficiency in thoseprograms, regardless ofwhether those programs are carried out by the certificate holderorby anotherperson.

13. As a result of Respondent's failure to file an answer, it has effectively defaulted on its right to a hearing. In the Matter of Safety Equipment and Sign Co., LTD, FAA OrderNo. 92-76 (1992). 14. Therefore, it should be found that Respondent violated the Federal Aviation Regulations as alleged in the Complaint and Respondent should be assessed a cil penaltyin the amount of$11,000.00, as proposed bytheAgency.

6JUL. 22.2014 10:53AM F A A REGIONAL COUNSEL, AEA-7 NO. 8784 P 8/22



### WliEREFORE, 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 $11,000, In the alternative, it is requested that the hearingbe limited to the issue ofsanctions. Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel



## ny,

# ~**Zachary:~n** Attorney FederalAviation Administration 1Aviation Plaza Jamaica, NY 11434 

### 718 553-3258 718 995-5699

7JUL. 22.2014 10:53AM F A A REGIONAL COUNSEL, AEA-7 NO. 8784 P 9/22

CERTIFlCATE OF SERVICE I hereby certify that the foregoing Motion for Decision has been sent via ftrst class mail andfacsimile addressed as follows: MarkA. Dombroff Respondent's Counsel McKennaLong 

### & Alderidge 1676 InternationalDrive PH Mclean, VA 22102 FAX: 703-336-8750 Hon. J.E. Sullivan, AdministrativeLawJudge Office ofHearings,M-20 U.S. DepartmentofTransportation 1200 New JerseyAvenue, S.E. (Ell-310) Washington, DC 20590

FederalAviation Administration (Original and one copy) 600 IndependenceAvenue, SW Wilbur WrightBuilding- Room 2014 Washington,DC20591 Attn: HearingDocket Clerk, AGC-430

Date:

__

### J_U~_·$._S:_10_14_ aralegal Specialist FederalAviation Administration Office ofRegional Counsel 1AviationPlaza Jamaica, NY 11434 8J JUL. 22.2014 10:54AM F A A REGIONAL COUNSEL, AEA-7 NO. 8784 P 10/22 

## I ' I



# EXHIBIT A.JUL. 

### 22. 2014 10: 54AM

U.S. Department of Transportation Federal Aviation Administration 

### MA.1 19 

### Z014 F A A REGIONAL COUNSEL, AEA-7

Eastern Region Regional Counsel Telephone; 718 553-3258 Facsimile: 718 995-5699



### CERTIFIED MAIL

- RETURN RECEIPT REQUESTED Federal Aviation Administration 800 Independence Avenue, S.W. 

### Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWrightBuilding- Room 2014 ATTN: HEARING DOCKET CLERK NO. 8784 P 11/22

1Aviation Plaza Jamaica, 

### NY 11434



### Re: In the Matter ofMountain Air Cargo, Inc., 2013EA680043 Enclosedherein please find a copy ofa request for hearing and the original and one copy of

### the FAA's 

### Complaint in the above-entitled action for filing, together with proofofservice uponthe

### Respondent. The FAA

### requests that the hearing in this matter be held in the Charlotte, NC, area and expects thatthe hearing will lasttwo (2) days. Please address all communications for the Federal Aviation Administration to the attention ofZachary M. Berman, Office ofthe Regional Counsel, 1Aviation Plaza Jamaica, NY 11434. Sincerely, AlfredR. 

### Johnson, 

### Jr. Regional Counsel
By:

# ~ Zachary

## M.BilUalJ. Attorney Enclosures,JUL 22.2014 !0:54AM F A A REGIONAL COUNSEL, AEA-7

Regional Counsel for the Eastern Region FederalAviation**Ad~ninislr~~ticn** l Aviaticn Pl:aztt lllllloic., NY I1434 Dote 

### .3-/0
- I

### t..j

Mounl<lin Airca[Jlo, lnc,2013EA680043**Subject~ P'!n~l**  'Nolicyo[PcopMed Civil Penolty Rc:monse Attqehme11l NO. 

### 8784 P. 12/22

[n reply to YO\lf Final Notice ofProposed Civil Penalty Mo-tmtain Air Cargo, Inc. elC(:ts to proceed es**indh~Qtc:d** by Hs check mark beside ti1e numbered p11ragraph below: I. U Mounlilll'l Air Cargo, Ine.. hereby submits the atnourn oftlte proposed ci\'il penalty with the**unde:(~tcmding** lhat an Order Assess:in13 Civil Pennliywi/1 be issued in that W1J.OUIJt. 2..

### ~Mountain Air Cargo. Inc. hereby requests a formal heeril1g: in accordru1ee wilh Section I3.l6 of lhe Federal Aviation Regulations. By SO!!t.liPg !his**fa~** to**th.~ f~cleri\1,\vlt~tlau** **Admit~ist!1l.Uon,** En:!terll Region, MOLillt3'fll Air C.1rgo, Inc. also btreby eerunes I hat ,.**~:opy** uf 1his fonn hi'IS been filed wiCh tile**Hc:r~rltlg** Docket Clerk (Hearing Doc.ket, Federal AYiation Ad.mirrlstrat1on, BOO lrtdc-peqde:nce Avenue:, S.W,. Room 924A, Washillgton. DC 20591, AfttnUom Hearing**Dock~t** Clerk}.

7, JUL. 22 2 014 I0: 5 4AM F A A REGIONAL COUNSEL, AEA-7

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, 

### D.C.

In the Matter ofMountainAir Cargo, Inc. 2013EA680043 JudgeNotAssigned

COMPLAINT NO. 8784 P. 13/22

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13 .208), and states as follows: I Respondent, Mountain Air Cargo, Inc., was advised through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty inthe ammmt of $11,000.00. On March 13, 2014, Respondent mailed a written demand for a hearing. II

l. Mountain Air Cargo, Inc. (MTNA) is the holder of air carrier certificate number MTNA123B. 2. At all times relevant herein, MTNA operated aircraft in operations under part 121 oftheFederal Aviation Regulations (FARs). 3. At all times relevant herein, MTNA was required by its operations specifications (hereinafter "the operations specifications") toJUL. 22 2014 !0:54AM F A A REGIONAL COUNSEL, AEA-7 NO. 8784 P. 14/22

maintain the aircraft that it operated under its Continuing Analysis and Surveillance System (CASS). 4. At all times relevant herein, the CASS required compliance with FAR 121.373(a), which states that each certificate holder shall establish and maintain a system for the continuing analysis and surveillance of the performance and effectiveness of its inspection program and the program covering other maintenance, preventive maintenance, and alterations and for the correction ofany deficiency in those programs, regardless ofwhether those programs are carried outby the certificate holder or by anotherperson. 5. At all times relevant therein, under the operations specifications, MTNA was required to comply with FAR 121.369(a) and to maintain a list (by name and location) ofother persons (maintenance providers) with whom it arranged to accomplish maintenance, preventive maintenance, or alterations for the certificate holder (hereinafter referred to as "approved vendor list"). 6. At all times relevant herein,**MTI~A** was authorized under the operations specification to include both essential maintenance providers and non-essential maintenance providers. 7. At all times relevant herein, essential maintenance was defined in the operations specifications as any Required Inspection Item on-wing accomplished after any maintenance or alteration, whereas nonessential maintenance was defined as othermaintenance. 8, At all times relevant herein, under the operations specifications, MTNA was required to demonstrate, through an on-site audit or by some other means in accordance with FAR 121.373(a), that each nonessential maintenance provider in the approved vendor list has an adequate organization, adequate facilities and equipment, competent personnel and is capable ofpertbnning the work that is consistent with the requirements ofFAR 121.367. 9. At all times relevant herein, one of the nonessential maintenance providers included in the approved vendor list of MTNA was NORDHAM GROUP INC., certified repair station number EZ2R 812K, located at 11200 E. Pine Street Tulsa, OK 74116 (hereinafter referred to as "EZ2R").• JUL. 22 2 014 1 0: 5 4AM f A A REGIONAL COUNSEL, AEA-7 NO. 8784 P 15/22

10. At all times relevant herein, MTNA failed to ensure that EZ2R had 

### an adequate organizatio11, adequate facilities and equipment, or competent personnel, and was not capable of performing the maintenance contracted out by MTNA in accordance with the requirements ofFAR 12.367. 11. At all times relevant herein, in fact, EZ2R did not have 

### an adequate organization, adequate facilities and equipment, 

### or competent personnel, and was not capable of performing the maintenance contracted out by MTNA in accordance with the requirements of FAR 12.367. 12. At all times relevant herein, instead ofperfonning the maintenance contracted out by MTNA, EZ2R would arrange with another maintenance provider to perform the maintenance, specifically the NORDHAM GROUP INC. Transparency Division, certified repair station numberEZ22 812K, located at 7018 NorthLakewood, Tulsa, OK 7 4117 (hereinafterreferred to as "EZ22"). 13. At all times relevant herein, EZ22 was not on the approved vendor list ofMTNA. 14. The maintenance contracted out by MTNA to EZ22 included, but was not linlitedto, maintenance onthe following parts: (a) Left hand wing tip lens, shipped by MTNA to EZ2R on or about August 15, 2011; (b) Right hand landing light cover, shipped by MTNA to EZ2R on or aboutAugust 25, 2011; (c) Landing light cover, shipped by MTNA to EZ2R on or about October 14, 2011; (d) Right hand landing light lens, shipped by MTNA to EZ2R on or about February 3, 2012; (e) End cap, shipped by MTNA to EZ2Ron or about May 2, 2012; (f) Right hand wing tip lens, shipped 

### by MTNA to EZ2R on or about August 1, 2012; and (g) Left hand wing tip lens, shipped by MTNA to EZ2R on or about August 18, 2012;JUL. 22.2014 !0:54AM F A A REGIONAL COUNSEL, AEA-7 NO. 8784 P 16/22

(h) End cap, shipped by MTNA to EZ2R on or about September 26, 2012; (i) Left hand wing tip lens, shipped by MTNA to EZ2R, or about May 8, 2013; G) Right hand wing tip lens, shipped by MTNA to EZ2R, or about May 13, 2013. 15. MTNA thus failed to comply with the operations specifications. 16. MTNA thus failed to ensure that maintenance, preventive maintenance, and alterations performed by it, or by other persons, were performed in accordance with the certificate holder's manual. 17. MTNA thus failed to establish and maintain a system for the continuing analysis and surveillance of the performance and effectiveness of its inspection program and the program covering other maintenance, preventive maintenance, and alterations and for the correction of any deficiency in those programs, regardless of whether those programs are carried out by the certificate holder or by anotherperson.

III By reason of the foregoing facts and circmnstances, Respondent violated the following section ofthe Federal Aviation Regulations:

a. Section 119.5(1), which states that no person may operate an aircraft under this part, part 121 ofthis chapter, orpart 135 ofthis chapter inviolation of an air carrier operating certificate, operating certificate, or appropriate operations specifications issued under this part. b. Section l21.367(a), which states that each certificate holder shall have an inspection program and a program covering other maintenance, preventive maintenance, and alterations that ensures that maintenance, preventive maintenance, and alterations performed by it, or by other persons, areperformed in accordance with the certitlcate holder's manuaL· JUL. 22.2014 10: 54AM F A A REGIONAL COUNSEL. AEA-7 NO. 8784 P 17/22

c. Section 121.367(b), which states that each certificate holder shall have an inspection program and a program covering other maintenance, preventive maintenance, and alterations that ensnres that competent personnel and adequate facilities and equipment are provided for the proper performance of maintenance, preventive maintenance, and alterations. d, Section 121.373(a), which states that each certificate holder shall establish and maintain a system for the continuing analysis and surveillance ofthe performance and effectiveness ofits inspection program and the program covering other maintenance, preventive maintenance, and alterations and for the correction of any deficiency in those programs, regardless of whether those programs are carried out by the certificate holder or by anotherperson.



### IV

l. Pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil penalty not to exceed $11,000 for each ofthe violations alleged. 2, Under the facts and circumstances ofthis case, a civil penalty of$11,0000.00 is appropriate.

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative Law Judge enter an orderthat**Responden~** be assessed a civil penalty,JUL 22.2014 10:54AM F A A REGIONAL COUNSEL, AEA-7



### in fue amount of$1 1,000, Respectfully submitted, Altred

### R. Jolmson, Jr. Regional Counsel

By

# ~ zachary

### ~mliU1 Attorney Federal 

### Aviation Administration l Aviation Plaza Jamaica, NY 11434 718 553-3258 718 995-5699

NOTE: NO. 8784 P 18/22

The Rules of Practice for this proceeding are set forth in Part 13, SubpartG, ofthe Fede.-al Aviation Regulations (14 C.F.R Part 13). The Rules of Practice provide that Respondent must file 

### a written answer to this Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days afterthe date shown on the Certificate ofService. A general denial is deemed a failure to flle an answer (Section l3.209(e))..JUL. 22 2014 10 54AM F A A REGIONAL COUNSEL, AEA-7 NO. 8784 P 19/22

CERTIFICATE OF SERVICE I hereby certify that the foregoing Complaint has been placed this date in the United States mail, postage prepaid, by Certified

### Mail

- Return Receipt Requested addressed as follows: Mark

### A. Dombroff, Esq. McKennaLong & Aldridge 1676 International Drive Penthouse McLean, VA22102 Federal AviationAdministration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding-Room2014**~IF** 

### FILING BYFEDERALEXPRESS Federal Aviation Administration (Original and one copy) 600 Independence Avenue, SW Wilbur Wright Building- Room 2014 Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430

Date:.

______ _ 

## />/. 

# ,fn{._**~is!!-<** ooks
· Paralegal Specialist Pederal AviationAdministration Office ofRegional Counsel 1AviationPlaza Jamaica, NY 11434JUL. 

### 22. 2014 10: 55AM F A A REGIONAL COUNSEL, AEA-7 NO. 8784 P. 21122



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CONFIDENTIALITY NOTICE NO. 8784 P 1122


### Federal Aviation Administration
Office of Regional Counsel 1Avi<Jtion Plaza, Rm. 561 Jamaica, NY 11434 T718-553- F718-995-5699 Email:

This facsimile and the document(s) accompanying this facsimile transmission contain confidential information that is legally privileged, The information is intended only for the use of the recipient named above. Ifyou have received this facsimile in error, please immediately notify this office by telephone You are hereby notified that any disclosure, copying, distribution, or taking any action in reliance on the content ofthis facsimile is strictly prohibited.