U.S. Department 

of Transportation 

Federal Aviation 

Administration 

JUN2~ z013 

Southern Region 

,~ L ~'-~~ _, ~Office ofthe 1Regional Counsel 

CERTIFIED ;-:R-~TV~ ~CEIPT; REQUESTED 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404} 305-5200 

(404) 305-5223 FAX 

AECErVED · ······ · ·· ·· HeariiigDockefCierk ··· ··· · · · · · · ·· ········ ·············· ·· · H • • .............. ·················· JUNi 6 2of3 ··············· .. FAA, AGC-430, Suite 2W1000 

W:illbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20.591 · 

HEARING DOCKET 

Re: . In th~ Mattei of Airborne 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 of a 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 of the 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 of the Regional Counsel 

':!· ... '\ 

I 

i 

I 

i 

/ 

/ 
SILVERBERG 

GOLDMAN& 

B IKO FF, L.L.P. 

ATI'ORNEYS AT LAW 

VIAFEDEX 

· ····· ··· · ·---· ·····Federal Aviation Administration · 

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 of the Final Notice of Proposed 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 of this 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 

Enclosures 

By RO~:.~~ 

... 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 of the Rules of Practice (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 of Proposed 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 now the holder of Repair 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. 

It 
4. a. On or about March 2010 AMES replaced both Main Landing Gear (MLG) 

on N287SC, 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 on N899AA, 

including reinstalling and rigging the landing ge."r doors,' and released the aircraft. 

c. On or about October 2009, AMES replaced both MLG on N898AA, 

including reinstalling and rigging the landing gear doors~ and released the aircraft. 

d. The installations and riggings of the doors described above were not . .. ... . . . . . accorripllshed in accordance With the IV72.7Aifcrafi 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 on the 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. By reason of the 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, 

or preventive maintenance on an aircraft, engme,' prop'~iler, or appliance shall use the methods, 

techniques, and practices 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 of the work in 

accordance with accepted industry pfactices. If special equipment or test apparatus is 

recommended by the 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, or performing 

preventive maintenance, shall do that work in such a manner and use materials of such a quality, 

that the condition of the 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 of its 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 of the violations alleged. 

8. Under the facts and circumstances of this 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 of the 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 if appropriate, not later th~m 30 days after the date 

shown on the Certificate of Service which follows. 

< 

: '1 · .. 
t ~ i . 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has 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 and Engineering 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 2 0 2013 

Dated