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r\c 

U.S. DEPARTMENT OF TRAWSFORTATIOJN 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVTATION ADMTNISTRATION. 

Complamant, 

vs. 

Darby Aviation 

Respondent. 

FAA Docket No. CPIOSOOOOS 

Cliief Judge Yoder 

COMPLIANCE WITH ORDER TO FILE COPY OF FINAL ORDER 

On March 31, 201U the FAA withdrew its complaint pursuant to a settlement 

agreement reached with Respondent. In an April 5, 2011, Order, the Judge instructed the 

FAA to fj]e with the court a copy of any compromise order or final order assessing civil 

penalty. 

Accordingly, enclosed please find a copy of the combined Order Assessing Civil 

Penalty issued by the FAA in this case and in FAA Case No. 2007SOU90039 (Docket 

No.CPlOSOOOO^)-

1t, Respectfully submitted this f^)... day of April, 2011. 

CHRISTOPHER R- STEVENSON 

Attorney 

Office of Ihe Regional Counsel 

Enclosure 

•'i- '.>a,-x -•..vi" i^- ^ ^, S'^ ^,j „ i^ , ; 
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CERTIFICATE OF SERVTCE 

T hereby certify thai the foregoing Compliance With Order lo File Copy of Final Order 

was sent: 

original and one copy via certified mail and Federal Express to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

one copy via facsimile, certified mail, and Federal Expn^s to; 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20, Room El 2-320 

U.S. Department of Transportation 

1200 New Jersey Avenue^ SE 

East Building Groimd Floor 

Washington, DC 20590 

facsimile: (202) 366-7536 

one copy via certified mail and regular mail to: 

Deanna L. Weidncr, Esq. 

Anderson Weidner^ LLC 

1450 Financial Center 

505 20th Street North 

Birmingham, AL 35203 

DONNA E. STANLEY 'J" 

Legal Assistant 

Office of the Regional Counsel 

APR 1 5 2J] 

Dated 
04/21/201 1 10:3 4 FAX 2024935142 FAA - QMS @|003/0l 0 

& 

U.S. Department Offioe of the Chief Counsel ^^'^ Independenca Avenue. S.W. 

Of Tronsportotlon Enforcemarrt Dwision Washington, 0,C. 20691 

Federal Aviation 

Administration 

Certified Mail - Return Roceipt Recfuested 

January 13, 201.1 

Darby'Aviatiun 

c/o Deanna L. Weidner^ Esq. 

Anderson Weidner^ LLC 

505 20th Street North, Sulla I^ISO 

Eirminghuiri, Alabama 35203 

Rc: 1) :f.n th e Matte r of Darby Aviation , FTiA Case 

No, 20O7SO090p39; Docket No. CP08SO0025. This case 

will hereinafter be referenced as FAA CasG 

No- 2007SO090039. 

2J In th e Maile r of Darby Avicition^ FAA Case 

No. 2008SO090O76; Docket No. CP10SO0008. This case 

will hereinafter be referenced as FAA Case 

No. 200BSO090076. 

Order Assessing Civil penalty 

The Federal Aviat.ion Administration and Darby Aviation entered 

•inLo a settlement agreement, whereby the parties agreed to Lhe 

issuance of this Order Assessing Civil Penalty for the two 

above-referenced cases. Accordingly^ the FTyv has determined the 

following regarding the two cases. 

I. WPJ^ Case No. 2O07SOO9003d 

1. At all times material herein, D&rby Aviation d/b/a 

Alpha Jet International (''Darby Aviation") was and iy now the 

holder of Air Carrier Certificate Ho. yDBA218U. 

2. At all times material herein, Dane Rheinschmidt 

("Rheinschmidt") was a check airman for Darby Aviation. 

3. a. On or about November 27, 2006, Rheinschmidt 

conducted a proficriency check for the Piper PA-31-T 
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civil aircraft for Darby Aviation pilot Jeri-y 

Standridge (^Standridge"), 

b. On or about May 24, 2D07, Rheinschmidt conducted 

a proficiency check for the PA-^l-T for Standridge. 

4. On or about the following dates, Standridge operated a 

PA-31-T as pilot-in-coTmnand for Darby Aviation: 

a. December 10, 2006; 

b. January 9, 2007; 

c. March 2, 2007; 

d. March 17, 20O7 

e. April 10, 2007 

f. April 15, 2007 

9- April 17, 2007 

h. May le, 2007. 

5. At the time of the above proficiency checks, 

Rhainscl-imidt had not satisfactorily completed the training 

phases that are required for an airman to serve as a 

pilot-in-command of a 'PA-31-T in that he had not completed the 

training and proficiency check required by 14 C.F.R. § 135.293 

within the preceding twelve months. 

€. Parby Aviation used Rheinschmidt as a check airman for 

the above proficiency checks when he was not qualified. 

7, Darby Aviation used Standridge for the flights 

described above in paragraph 4 when he had not passed a 

competency check given by an authorized check pilot. 

By reason of the foregoing, parby Aviation violated the 

following Federal Aviation Regulations in connection with FAA 

Case No. 2007SOO30039: 

a. 14 C.F.R, § 135.337(b)(2), which provides that no 

certificate holder may use a person, nor may any person 

serve as check airman (aircraft) in a training program 

established under 14 C.F.R. part 135, subpart H, unless, 

with respect to the aircraft type involved, that person has 

satisfactorily completed the training phases for the 

aircraft, including recurrent training, that are required 

to serve as pilot in coimnand in operations under 14 C.F,R. 

part 13 5; and 
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QMS @|005/010 

b. 14 C.F.R. S 135.233(b), which provider that no 

certificate holder may use a pilot, nor may any person 

serve as a pilot, in any aircraft, since the beginning of 

the 12*^^ calendar month before that service, that pilot has 

passed a competency check yiven by the Administrator or an 

authorized check pilot in that class of aircraft, if 

single-engine airplane other than turbojet, or that type of 

aircraft, if helicopter, multiengine airplane, or turbojet 

airplane, to determine bhe pilot's competence in practical 

skills and techniques in that aircraft of class of 

aircraft. 

NOW, THEP£FORS, IT TS ORDERED, pursuant to Title 4S U.S.C 

§ 46301(a)(5)(A), that Darby Aviation is assessed a civil 

penalty in the amount of $22,ooo, 

II. FAX Case No. 200BSO09007« 

1. At all times material herein. Darby Aviation d/b/a 

Alpha Jet International ("Darby Aviation") was and is now the 

holder of Air Agency (Repair Station) Certificate No. YDBR2ieU. 

2 . On or about"Augu3t 15, 2008, representatives of the 

Administrator inspected the Darby Aviation facility and the 

maintenance records of civil aircraft K"35ED, a Lear Jet 

model 35, During the inspection the flowing maintenance record 

entries for work order 0B005 for K35ED were observed: 

a. Discrepancy; Several exterior placards missing. 

Date: 3-IS-08 

TT (Total Time): 8S05.8 

Landings: ^830 

Corrective Action: Installed missing placards as per 

chp 11 Lear manual MM-99 

bDate: 

TT; 

Discrepancy; 

Date; 

TT (Total time): 

Landings: 

Corrective Action: 

Date: 

TT: 

2-21-03 

8505.S 

Fuel Leaking Seeping LH Wing 

2-19-08 

8505.a 

€830 

Tightened Screwe... . 

2-22-08 

3505.8 
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3. The maintenance record entries described in paragraphs 

2a and 2b, above, were incorrect. 

4. The correct maintenance record entries would be as 

follows; for 2a: Total Time - 8497.8 and Landings - 6822; and 

for 2b: Total Time - 8502,4 and Landings - €824. 

5. At the time the above-described maintenance was 

perfoj^med, N35ED was being operated under Darby Aviation's air 

carrier certificate for operations in accordance with part 135. 

6. At the time the above-described maintenance was 

perfoinned, N35ED was required to be maintenance in accordance 

with the Approved Aircraft Inspection Program for Da.rby 

Aviation. 

7- The above-described maintenance was not performed in 

accordance with the Approved Aircraft Inspection Program for 

Darby Aviation in that the maintenance record entries were in 

error. 

By reason of the foregoing, Darby Aviation violated the 

following Federal Aviation Regulations in connection with FAA 

Case Ko. 200esO090076: 

a. 14 C.F.R, §§ 43-9(a)(l) and (2), which provide that 

except as provided in paragraphs (b) and (c) of section 

14 C.F.R. § 43.9, each person who maintains, performs 

preventive maintenance, rebuilds, or-alters an aircraft, 

airframe, aircraft engine, propeller, appliance, or 

component part shall make an entry in the maintenance 

record of that equipment containing the following 

information: (1) A description (or reference to data 

acceptable to the Administrator) of work performed; and 

(2) The date of completion of the work performed. 

b- 14 C.F.R. S 43.9(b), vfhich provides that each holder 

of an air carrier operating certificate or an operating 

certificate issued under Part 121, 127, or 135, that is 

required by its approved operations specifications to 

provide for a continuous airworthiness maintenance program, 

shall make a record of the maintenance, preventive 

maintenance, rebuilding, and alteration, on aircraft, 

airframes, aircraft enginsa, propellers, appliances, or 

component parts which it operates in accordance with the 

applicable provisions of 14 C.F.R. Part 121, 127, o r 135, 

as appropriate. 
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c- 14 G.F,R. § 145,205(a), which provides that a 

certificated repair station that performs maintenance, 

preventive maintenance, or alterations for an air carrier 

or commercial operator that has a continuous airworthiness 

maintenance program under part 121 or part 13 5 must follow 

the air carrier's or commercial operator's program and 

applicable sections of its maintenance manual. 

NOW, THEREFORE, IT IS ORDERED, pursuant to Title 49 TJ. S.C. 

S 46301(a)(5)(A), that Darby Aviation will not be assessed a 

civil penalty for the violations relating to FAA Case 

No. 200SSO09007e. 

This Order Assessing Civil Penalty constitutes a finding by the 

FAA of the facts and regulatory violations contained herein. 

The Order Assessing Civil Penalty and Darby Aviation's payment 

of the civil penalty do not constitute or imply an admission by 

Darby Aviation that it committed the violations found by the 

FAA, or that it agrees with the facts averred co by the FAA, 

The total civil penalty assessed in this order (i.e., $22,000) 

constitutes a debt owed to the United States, and agreed to 

between Darby Aviation and the FAA. Darby Aviation has now 

exhausted its right to seek review of the validity or amount of 

this debt or the findings of violations. Darby Aviation is 

hereby ordered to pay the assessed amount in twenty-four 

installments, in accordsmce with the terms of the Settlement 

Agreement issued in connection with this Order. The installment 

schedule is as follows,-

• ^916 

• 5915 

• $916 

• 5916 

• $916 

• $916 

• $916 

• $916 

• $916 

• 5916 

• $916 

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04/21/201 1 10:35 FAX 2024935142 FAA DMS 21008/01 0 

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These installments are to be paid by mailing or delivering a 

certified check or money order in the amount due ror each 

installment, on or before each due date, until the full 

obligation ia paid. The certified check or money order shall be 

made payable to the ^Federal Aviation Administration," and shall 

be sent to,-

Federal Aviation Administration 

Mike Monroney Aeronautical Center 

6500 South MacArthur Blvd. 

General Accounting^ AMZ-350 

Oklahoma City, OK 73169 

Attn: Brenda S. Bamhill 

Plsaee send a copy of each payment instrument to: 

James A. Barry 

Senior Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Washington, D.C. 20591. 

Alternatively, Darby Aviation may pay the civil penalty by 

electronic funds transfer. To pay by this method, Darby 

Aviation must include all of the following information with ita 

electronic funds transfer: 

Receiver Bank Name: Treas NYC 
04/21/201 1 10.35 FAX 2024935142 FAA + DMS @]003/010 

Recolver ABA 

(tT»S. bank routing number): 0210 3000 4 

Receiving Inetitution: United states Treasury 

c/o Federal Reserve Bank of New York 

33 Liberty Street 

New York, New York 10045 

Account Number: TRBAS NYC/(69001104) 

Beneficiary: Fede.ral Aviation Administration 

Reference: FAA Case No. FAA Case Nos. 2D07SO090039-

The FAA has waived interest on this debt pursuant to section 

89.25(e) (3) of the Department of Transportation Regulations for 

the Implementation of the Federal Claims Collection Act, 

49 C.P.R, § 89.25(e)(3), and section 103.2 of the Federal Claims 

Collection Standards, 4 C.F.R. § 103.2, This waiver of interest 

shall continue in force only so long as payments arc made in 

accordance with the schedule set forth above. if Darby Aviation 

is more than ten days delinquent in making any payment under the 

schedule, this waiver will terminate, and the entire uncollected 

debt shall become due and payable. Further, interest shall be 

imposed upon the entire remaining debt, and the administrative 

costs of collection'Shall also be imposed, pursuant to 

section 89,23 of the Department of Transportation Regulations 

for the Implementation of the Federal Claims Collection Act, 

49 CF.R. § 69,23. Such interest as shall be iinposed will begin 

to accrue on the next calendar day after the installment payment 

was due, and will be equal to the Treasury Current Value of 

Funds Rate prevailing at the time the debt becomes delinquent. 

Should the debt remain unpaid past 90 days from the date the 

delinquent installment payment was due, a late payment penalty 

equal to six percent per year of the remaining debt shall be 

charged. Pursuant to section 89,23 (c) of the Department of 

Transportation Regulations for the Implementation of the Federal 

Claims Collection Act, 49 C.F.R. 5 89,23(c), if Darby Aviation 
04/21/2011 10 35 FAX 2024935142 FAA - DMS [gOIO/OlO 

not the a..ini:;.:^L:°^^^, ^ o f co\\%\t^\^'^^ ^ ^^ "-^-^'^' ^ ^ 

Peter J. Lynch 

Assistant Chief Counsel 

By: 

Jp.mes A. Barry 

Senior Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Tel: (202) 267-8198 

Fax: (202) 267-5106