U.S. Department 

of Transportation 

Federal Aviation 

Administration 

h1 Reply Refer To: ACE~ 7 

RECE1YE0 

MAY 1 3 2013 

HE·ARlNG DOCKET 

Office of Regional Counsel 

901 Locust, Room 506 

Kansas City, MO 64106-2641 

Area Code: 816~329~3765 

CERTIFIED MAIL RETURN RECEIPT REQUESTED 

Certified Mail Receipt Nos. 70041350000348928930, 70111150000003371370 & 7011115003371394 

May?, 2013 

Hearing Docket 

Federal Aviation Administration 

800 Independence A venue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl000 

Re: 

( ':'~ ii' ·~:- In the Matter of A vaition Engineering Consultants, Inc. 

Case No. 20 l2CE440003 1 

' • ' I 

FQ-l'Y'S ~013-0~~ 

~ 13-.. A\PA·- CRf • QLI ~ 5.3 

Enclosed herewith please find a copy of a request for a 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 in Clearwater, Florida, and expects that the 

hearing will last one day. 

Please address all communications for the FAA to Mark G. Camacho, Federal Aviation Administration, 

Central Region, ACE-7, Room 506, DOT Building, 901 Locust, Kansas City, MO 64106-2641. _ 

Sincerely, 

Enclosures 

cc: Kamran Rouhani 

Douglas J. Barnard, Esq. 

...... 

\,:· .. ...... , ... ' 

.. ,....1 

· ··i:·\ ·I 

C'..) 
U.S.DEPARTMENTOFTRANSPORTATION R---·,E-·c.: .. EIVEo 

FEDERAL AVIATION ADMINISTRATION 

-----------------------------. MAY I 3 2013 

Served: May 7, 2013 we 

FAADocketNo. nt=.ARING DOcKET 

FAA Case No. 2012CE440003 . 

In the Matter of: 

Aviation Engineerin Consultants, Inc. Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as follows: 

I. 

1. On March 28, 2012, Respondent A;viation Engineering Consultants, Inc. (AECI) 

was advised through a Notice of Proposed Civil Penalty that the FAA proposed to assess a civil 

penalty in the amount of $44,000. On April 22, 2013, Respondent submitted a written request 

for a hearing. 

n. 

1. On or about December 23,2010, AECI shipped eight elevator center hinge 

fittings, part number 80-393103-405, and eight elevator outboard hinge fittings, part number 80-

393103-407, to Avantair, Inc. 

2. On or about October 14, 2011, the Federal Aviation Administration (FAA), while 

conducting an inspection ofthe AvantairRepairStatioi'i; discovered that four ofthe parts 

I , 

described in paragraph 1 above (two elevator center hinge fittings, part numbr 80-393103-

405AEC, and two elevator outboard hinge fittings, part number 80-393103-407AEC) were 

installed on a Piaggo P-180 aircraft, Civil Aircraft·'N134SL. 

3. The parts described in paragraph 2 above were marked "FAA-PMA." However, 

the FAA had not granted Parts ManufactUrer Approval (PMA) to Aviation Engineering 

Consultants, Inc. to produce those parts. 
-·· ··--··--·-···---·------·--------------------~ 

) i 

III. 

1. By reason of the foregoing!facts and circumstances, Respondent violated Section 

21.303(a) of the Federal Aviation Regulations, which provides that, except as provided in 

paragraph (b) of this section, no person may produce a modification or replacement part for sale 

for installation on a type certificated product unless it is produced pursuant to a Parts · 

Manufacturer Approval issued under this subpart [Title 14 of the Code ofFedderal Regulations 

(CFR), Section 21.303(a)]. 

2. Pursuant to Title 49 U.S.C. 46301, Respondent is subject to a civil penalty not to 

exceed $11,000 for each of the violations alleged. 

3. Under the facts and circumstances of this ca:se, a civil penalty of$44,000 is 

appropriate. ,J 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount of $44,000. 

Dated this 7th day of May, 2013. 

Respectfully submitted, 

· A. Lester Haizlip 

Regional Counsel 

By: 

Mark G. Camacho 

Attorney for Complainant 

, Federal Aviation Administration : 1: ~ \( 

901 Locust St., Room 506 

kansas City, MO 64106-2641 

816-329-3765; Fax (816) 329-3771 

:i, 

2 
....... _ ... -... ····-··-··------···········----

Answer 

Section 13.209(a) ofthe Rules ofPractice in FAA Civil Penalty Proceedings states, "A 

respondent shall file a written answer to the complaint, or may flle a written motion pursuant to 

Section 13.208(d) or Section 13.218(f)(l-4) instead of :filing an answer, notlater than 30 days 

after service of the complaint. 

Section 13 .209(f) states, "A person's failure to file ari ~nswer without good cause shall be 

deemed .an admission of the truth of each allegation corttirined in the complaint. 

3 
. Aviation Engineering Consultants, Inc., FAA Case No. 2012CE440003 

CERTIFICATE OF SERVICE 

}. ' 

I hereby c~rtify that I have this date placed in the United States mail, certified, return 

receipt requested, a copy of the Administrator's Complaint, addressed to: 

Mr. Karnran Rouhani 

Aviation Engineering Consultants, Inc. 

2750 Sunset Point Road 

Clearwater, FL · 33759 

Douglas J. Barnard, Esq. 

Plane Law 

14695 Airport Parkway, Suite 6 

Clearwater, FL 33762 

In addition, I hereby certify that I have this date placed in the United States mail, 

certified, return receipt requested, the original and one copy, addressed to: 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Glerk, AGC-430 

Wilbur Wright Building, Rpom2014 ( ' : '• t 

Dated this ih day of May, 2013. 

.. ··' 

a!J- t Alis~~ Paralegal Specialist 

,, /· 

•':\' 

4 
. 'f .' 

Plane Law in Plain English ... 

April 22, 2013 

Federal Aviation Administration 

600 Independence Avenue, ·S.W. 

Wilbur Wright Building - Suite 2W1 000 

Washington, DC 20591 

Via tfPs Overnight 

Tracking# £X6r?!/:709 OXLl'/5 

Attention: Hearing Docket Clerk: AGC-430 

Re: FAA v. Aviation Engineering Consultants, Inc. 

Docket# 2012CE440003 . (. 

Dear Sir/Mdm.: 

Please accept this correspondence as my client, Aviation Engineering 

Consultants Inc. ("AEC"), formal written request for a hearing in the 

above-referenced matter. ) · · ·. 

AEC denies the allegations in the FAA's final notice of proposed civil 

penalty and requests that a hearing in this matter be scheduled in 

ClearWater, Florida. Should that location be unavailable, we would 

request that the hearing .be conducted in Tampa, Florida or in Atlanta, 

Georgia. 

AEC asserts that it did not willfully violate the provisions of 14 CFR 

21. 303(a) in that the company did not sell the parts alleged in the 

administrators final order nor intentionally place these parts in the 

~tream of commerce. . . :' ~ ~ 

Accordingly, AEC requests that the administrators order be dismissed 

or in the alternative that AEC be allowed to present evidence in 

mitigation of the Administrator's allegations contained in their Final 

Notice of Proposed Civil Penalty dated April 08, 2013 (attached). 

---··---·-·-----·--·--, :---·---·--·,.-------·----·----......... ____ ,.._ --------- Douglas I. Barnard, Esq. • 

• Also admitted to the Disrrlct of Columbia 

AFFJiiATES WORLDWIDE 

14695 Airport Parkway, 2"d Floor. 

Clearwater, FL 33762 

email: dougb@planelaw.com 

Office: (727) 259·0224 

Fax: (727) 259-0223 
......... ·--····-·-· ·---· 

Thank you for your urgent attention to this matter. Please direct all 

further correspondence and pleadings in this matter to the 

undersigned as counsel for Aviation Engineering Consultants Inc. 

I hereby certify that I have served a true and correct copy of the 

above upon Mark Camacho, Esquire as senior enforcement attorney 

for the FAA on April qt, 2013 via overnight courier,fl.gPS Tracking# 

E I 6 fblf 7 o q o 7 CA. to: 

' ' . 

United States Department of Transportation, Federal Aviation ' ' . 

Administration, Office of Regional Counsel, 901 Locust, room 506, 

Kansas City, MO 64106. ' · 

Douglas J. Barnard, Esquire 

Cc: Aviation Engineering Consultants, Inc. 

] ' 

:·· .. ..... •:· 

Douglas J. Barnard, Esq.* 

• Also admiJted to the District ofColwnbia 

AFFILIATES WORLDWIDE 

14695 Airport Parkway, 2ml Floor. 

Clearwater, FL 33762 

email: dougb@planelaw.com 

Office: (727) 259-0224 

Fax: (727) 259·0223