U.S. Department ofTransportation Federal Aviation Administration

## JUN2~ 

# z013 Southern Region**,~** 

### L**~'-~~** 

### _,**~Office** ofthe 1 Regional Counsel



### CERTIFIED

### ;-:R-~TV~**~CEIPT;**REQUESTED P.O. Box 20636 Atlanta, Georgia 30320 (404} 305-5200 (404) 305-5223 FAX 

# AECErVED

.............. ·················· JUNi

# 6 2of3 ··············· .. ······· · ·· ·· HeariiigDockefCierk ··· ··· ··· · · · ·························· · H • • 

### FAA, AGC-430, Suite 2W1000 W:illbur Wright Building 800 Independence Avenue, SW Washington, DC 20.591 · 

## HEARING DOCKET

Re:
. 

### In

# th~ MatteiofAirborne Maintenance and

# ~~gineering Services 

# jf"C:f'oS';)l)J3'

# 0~'i

## I FAA Case No. 2011 S0290032 

## e:l.0/3-

## Al.l1l..Cjfl-**;J..3S'~** 

## 7 Enclosed herewith please find a copy ofa request for hearing and the original and one copy of the Complaint in the above-referenced proceeding. The FAA requests that the hearing in this matter be held !,n-tlte Orlando, Florida area, and expects that the hearing will last one week. ' 

### I '\ Please address all communications for the FAA to the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, ASq-7. Southern Region P.0. 

### Box 20636
. Atlanta, Georgia 30320
. Telephone: (404) 

### 30?-5200, facsimile (404) 

### 305-5223
.

• •.·. ' • 'i,• 

### Sincerely; · ·· ··
Attorney Office ofthe Regional Counsel

':!·
...'\ I i I i 

# / /

# SILVERBERG GOLDMAN& 

# BIKOFF, L.L.P. ATI'ORNEYS AT LAW



### VIAFEDEX

· ········ ··---· ·····FederalAviationAdministration · 600 Independence Avenue, S.W. Wilbur Wright Building Suite 2W1000 Washington, D.C. 20591 CEO RenowN PLACE • Sum 120 • 1101 30TH STREET, NW • WASHIJ-;G10N, D.C. 20007 VoiCE {202) 944-3300 • fACSIMILE (202) 944·3306
June 13, 2013

(Attention: Hearing Docket Clerk, AGC-430)

Dear Sir or Madam: Re: Request for Hearing of Airborne Maintenance and Engineering Services FAA Case No. 2011S0290032

Pursuant to §13.16(g)(2)(ii) of the Federal Aviation Regulations, the undersigned counsel for Airborne Maintenance and Engineering Services ("AMES") hereby requests a hearing in accordance with the procedures of Subpart G of Part 13 of the Federal Aviation Regulations. A copy ofthe Final Notice ofProposed Civil Penalty being appealed by AMES is attached hereto. A copy of the Request for Hearing has been served by e-mail and first class mail upon Christopher R. Stevenson, attorney for the FAA in this matter. Also enclosed is an additional copy ofthis Request for Hearing and a pre-addressed, postage paid envelope. Please date-stamp the additional copy and return 

### it to our office in the enclosed envelope. ·very truly yours, SILVERBERG, GOLDMAN & BIKOFF, LLP
:,Attorneys for



### ,AJRB'MAINTENANCE AND

ENGI RING 

### SERVICES 

### By

# RO~:.~~ Enclosures

... I
.**·~**



### ---------------------------------·-·-----·u.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. . 

### '

Airborne Maintenance and Engineering Services Respondent.

JUDGE NOT YET ASSIGNED ..**FAADockefNo~·······** Judge

' COMPLAINT

· The Federal Aviation Adm.inistration(FAA), 

### by: counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14

### C~F:'R.' 13.208), and states as follows: I. 

### 1. On May 29,2013, Respondent, Airborne Maintenance and Engineering Services was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$61,875. On June 13, 2013, the Agency Attorney received a written request for a hearing from the Respondent. II. 2. At all times material hdrein, AMES was and is nowthe holder ofRepair Station Certificate No. ABXROOlA. 3. a. Civil aircraft N287SC, a Boeing B-727, is used in Capital Cargo International Airlines' (CCIA) Part 121 operations. 

### b. Civil aircraft**N898A~**.•.**~ roe~~~**  B-727, is used in CCIA's Part 121 ' '... 

### .. operations.
c. Civil aircraft**N899AA~** a Boemg B-727, is used in CCIA's Part 121 operations.

It4. a. On or about March 2010 AMES replaced both Main Landing Gear (MLG) onN287SC, including reinstalling and rigging the landing gear doors, and released the aircraft. b. On or about August 2()09 AME.S**rep~aced** both MLG onN899AA, including reinstalling and rigging the landing ge."r doors,' and released the aircraft.
c. On or about October 2009, AMES replaced both MLG onN898AA, including reinstalling and rigging the landing gear**doors~** and released the aircraft. d. The installations and riggings ofthe doors described above were not

...... . .. . . accorripllshed 

## in accordance

### With

# theIV72.7Aifcrafi

# Mamtenance Manual(AMM):
........... . I! e. In particular, the,doors were,improperly installed and rigged in that bushings and shims were missing from the attach fittings and bushings and shims were misplaced onthe attach fittings. 5. CCIA's Continuous Airworthiness Maintenance Program (CAMP) that the AMM be followed in performing maintenance on CCIA B·727 aircraft. III. 6. Byreason ofthe foregoing facts and circumstances, Respondent violated the following sections ofthe Federal Aviation Regulations: ·

1 . 'j .• ,. a. Section 43.13(a).in that

### each:p~tson performing maintenance, alteration, orpreventive maintenance on an aircraft, engme,'

### prop'~iler, or appliance shall use the methods, techniques, andpractices prescribed in' the current manufacturer's maintenance manual or Instructions for Continued Airworthiness prepared by:!tS manufacturer, or other methods, techniques, and practices acceptable to the Administrator, except as noted in 43.16. He shall use the tools, equipment, and test apparatus necessary to assure completion ofthe work in accordance with accepted industry pfactices. Ifspecial equipment or test apparatus is recommended bythe manufacturer involved, he must use that equipment or apparatus or its equivalent acceptable to the Administrator; •- b. Section 43.13(b) in that each person maintaining or altering, orperforming preventive maintenance, shall do that work in such a manner and use materials ofsuch a quality, that the condition ofthe aircraft, airframe, aircraft engine, propeller, or appliance worked on will be at least equal to its original or properly altered condition (with regard to aerodynamic function, structural strength,**resistanc~** to vibration and deterioration, and other qualities affecting airworthiness); and
c. Section 145.205(a) in that a certificated repair station that performs maintenance, preventive maintenance, or alterations for an air carrier or commercial operator that has a continuous airworthiness mainterlance program under Part 121 or Part 135 must follow the air carrier's or commercial operator's program 

## an4 applicable sections ofits maintenance

I' ' '**·~** I 0 " I ' : manual. · '. ,. ';: '''' 1 ·. · · r <!· · ..'' :-:: , :,7. Pursuarit to 49 U.S.C. Sections 46301(a)H(d), Respondent is subject to a civil penalty not to exceed $25,000 for each ofthe violations alleged. 8. Under the facts and circumstances ofthis case, a civil penalty 

### of$61,875 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an order that Respondent be**asses~ed** a civil penalty in the amount of

### $61,875.

# ~ly s mitted this 

# Q.df/'\**da§b~Jlirl~.** 2013.

CHRISTOPHER R. STEVENSON Attorney Office ofthe Regional Counsel PLEASE NOTE: Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this Complaint, or a written Motion to Dismiss ifappropriate, not later**th~m** 30 days after the date shown on the Certificate ofService which follows.

< : '1 · ..t**~** i .

CERTIFICATE OF SERVICE I hereby certifythat a copy ofthe foregoing Complainthas been mailed this date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 (original+ 1 copy)

................................................................................................................................................................................................................................................. Airborne Maintenance andEngineering Services Brady Templeton, Accountable Manager 145 Hunter Drive Building 1005-B Wilmington, OH 45177 Robert 

### P. Silverberg, Esq. Silverberg, Goldman &Bikoff, L.L.P Attorneys at Law Georgetown Place, Suite 120 1101 

### 30th Street, 

### NW W gton, DC 20007

tant t e Regional Counsel



## JUN 

## 202013 Dated