I 07/29/2010 15:23 FAX 2024935142 FAA + DMS 0001/00 7 

A¥ ANDtllSON 

I I '^ !!JL 1 9 2010 

Z:^7ilNG 

Dsanna L. Weidner 

cllweirini^r(a)davidbgndersonl3w.wn 

Pfione: 205-524-1230 

Facsimile: 20S-322-38S0 

July 16, 2010 

VIA CKRTTFIED MAIL 

RETURN RECKiPT REQUESTED 

& REGULAR MAIL 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20501 

Attn: Hearing Docket Cleric AGC-430 , 

Wilbur Wright Building-Siiilc 2W1000 

- • H 

'c5 

CPIOSO O M I^^/O '0^^31 

Christopher R. Stevenson 

Attorney, FAA 

Southern Region 

Office of Regional Counsel 

P.O. Box 20636 

Atlanta, Georgia 30320 

Re: 2008SO090076 

Request for Hearing - FINAL NOTICE OF PROPOSED CIVIL PENALTY 

Dear Clerk: 

Please consider this correspondence as a Request for Hearing pursuant to 14 CF.R. 13.35 

in the above-referenced enforcement action. 

Attached is a copy olthc FINAL NOTICE OF PROPOSED CIVIL PENALTY to which 

this request for a hearing is directed. Also attached, please find Darby Aviation's Answer 

required by 14 CF.R. 13.35(c). 

Very truly yours. 

Deanna L. Weidner 

DLW/cat 

Enclosure 
07/29/2010 15:23 FAX 2024935142 

1 " 

1 

1 

1 

! 

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& 

U.S. Department 

of Transportation 

Federal Aviation 

Adminlitntlon 

FAA 

Southern Region 

OfFloe of the Regional Counsel 

+ DMS 1002/007 

P.O. Boot 20636 

AHanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

2008SO090076 

JUL 2 ^"iO 

CERTIFIED' RETURN RECEIPT REQUESTED 

A REGULAR MAIL 

Darby Aviation 

Elton Hall Darby, Agent of Service 

P.O. Box 471 

Sheffield, AL 35660 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On Nov 3, 2008, you vwere advised through a Notice of Proposed Civil Penalty that the FAA 

proposed to assess a civi] penalty in the amount of $2,200-

After considering all the evidence in this matter, it ^ipears that: 

1. At all tixoes material herein you were and are now the holder of Air Agency (Repair 

Station) Certificate No. YDBR21gU. 

2. On or about August 19, 2008, representatives of the Admiiiistrator inspected your 

facility and the maintenance records of civil aircraft N35ED, a Lear Jet model 35. During the 

inspection the following maintenance record entries for work order 08005 for N35ED were 

observed: 

a. Discrepancy: Several exterior placards missing. 

Date: 2-18-08 

Tl (Total Time): 8505.8 

Landings: G830 

Corrective Action: Installed missing placards as per chp 11 Lear manuEd MM-99 

Date: 2-21-08 

Tl: 8505.8 

b. Discrepancy: Fuel Leaking Seeping LH Wing. 

Date: 2-19-08 

TT (Total Time): 8505.8 

Landings: 6830 

Corrective Action: Tightened Screws .... 

Date: 2-22-08 

TT: 8505.8 
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07/29/2010 15:23 FAX 2024935142 FAA 

3. The maintenance record entries described in paragraphs 2a and 2b, above, were 

incorrect. 

4- The correct maintenance record entries would be, 2a: Total Time - 8497.8, and 

landings - 6822; and for 2b: Total Time - 8502.4, and landings 6824. 

5. At the time the above-described maintenance vras performed, N35ED was being 

operated under the air carrier certificate for operations in accordance with Part 135 of Darby 

Aviation. 

6. At the time the above-described maintenance was performed, N35ED was required to 

be maintained in accordance with the Approved Aircraft Inspection Program for Darby Aviation. 

7. The above-described maintenance was not performed in accordance with the 

Approved Aircraft Inspection Program for Darby Aviation in that die maintenance record entries 

were in error. 

8. As a result you violated the following sections of the Federal Aviation Regulations: 

a. Section 43.9(a)(l) and (2) in that, except as provided in paragraphs (b) and 

(c) of this section, 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 informatioD: a 

description (or reference to data acceptable to the Administrator) of work performed end the date 

of completion of the work performed. 

b. Section 43.9(b) in 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 recotd of the maintenance, preventive maintenance, rebuilding, and alteration, on aircraft, 

airframes, aircraft engines, propellers, appliances, or component parts which it operates in 

accordance with the applicable provisions of Part 121,127, or 135 of this chapter, as appropriate. 

c. Section 145,205(a) in that you performed maintenance, preventive 

maintenance, or alterations for an air carrier or commercial operator that has a continuous 

airworthiness maintenance program under pan 121 or part 135 and failed to follow the air 

carrier's or commercial operator's program and i^Hcabie sections of its maintenance manual. 

Under 49 US.C, Sections 46301(aHd). you are subject to a civil penalty not to exceed Jl,100 

for each of the violations noted. By reason of the foregoing facts and circumstances, we propose 

to assess a civil penalty in the amount of $2,200. 

Unless you mail or personally deliver, in writing, your request for a hearing in this matter, on or 

before fifteen (15) days after you receive this Final Notice, we will issue an Order Assessing 
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07/29/2010 15:23 FAX 2024935142 FAA 

Civil Penalty atKl you vail have no further right to a hearing. If you do not submit a written 

request for a hearing, you must pay the proposed civil penalty. 

Your request for a hearing must be sent to the Hearing Docket, FAA, AGC-400, Room 2014,600 

Independence Ave., SW, Washington, DC 20591, Attention: Hearing Docket Clerk, and a copy 

must be sent to the undersigned FAA anomey. Your request must be dated and signed, in 

accordance wifli secrion 13.16 of the Federal Aviation Regulations, sent to you with the Notice of 

Proposed Civil Penalty (14 CF.R. §13.16). 

You may pay the proposed penalty by submitting a certified check or money order payable to die 

"Federal Aviation Administration" to the undersigned. 

EDDIE L. THOMAS 

REGIONAL COUNSEL 

CHRISTOPHER R. STEVENSON 

Attorney 

OfTice of the Regional Counsel 

CERTinCATE OF SERVICE 

I hereby certify that the foregoing Final Notice of Proposed Civil Penalty has been mailed by 

Ortified Mail & Regular Mail to: 

Darby Aviation 

Elton Hall Darby, Agent of Service 

P.O. Box 471 

Sheffield, AL 35660 

DearmaL. Weidner 

Anderson & Associates, LLC 

505 North 20* Street NH, Suite 1450 

Birmingjiam, AL 35203 

M i l ... * JUL 2 

Dated