U.S. Department 

of Transportation 

Federal Aviation 

Administration 

In Reply Refer To: ACE-7 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Office of Regional Counsel 

901 Locust, Room 506 

Kansas City, MO 64106w2641 

Area Code: 816-329-3765 

Certified Mail Receipt Nos. 70142870000128892720, 70142870000128892737 & 70142870000128892744 

March 27, 2015 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Re: In the Matter of Triumph Accessory Services 

Case No. 20 l4CE070023 

D 

0 2 2015 

HEARING DOCKFT 

Enclosed herewith please fmd 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 Wichita, Kansas, 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, 

A. Lester Haizlip 

Acting Regional Counsel 

B~k~ - /i/!3· Camach"'~o"-1/~££~&~""1~=:.!= :remor Enforcement Attorney 

! 

Enclosures 

cc: Jeffry D. Frisby 

MarshallS. Filler, Esq. 
In the Matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

Served: March 30,2015 

FAA Docket No. 

FAA Case No. 2014CE070023 

_T.:cr:.:ium=:t:P:.:h..:.A.:.:c:..:c-=-e:::ss:.::o"'ry'-=S-=-erv:...:...:ic:..:e:..:s ____ ___. 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.F.R. 13.208), and states as follows: 

I. 

1. On December 5, 2014, Respondent Triumph Accessory Services was advised 

through a Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of $50,000. On March 17, 2015, Respondent's attorney submitted a written request for a 

hearing. 

II. 

1. At all times mentioned hereinafter TGI/T AS was the holder of Air Agency 

Certificate Number OB2R051L, a FAA approved repair station. 

2. On or about 12/17/12, VAS Aero Systems, LLC, Boca Raton, Florida (VAS), sent 

TGI/T AS a Boeing B-767-231, serial number 22569, N606TW, Truck Position Actuator, part 

number 273T6101-9, serial number 024, for overhaul by TGI/TAS. 

3. The subject Truck Position Actuator had missing outer seals from the relief valve, 

allowing a hydraulic leak, and the actuator piston was frozen onto the rod end. 

4. VAS' Repair Order 75032227, dated 12/17/12, page 1, instructed TGIITAS to 

perform an overhaul o(the subiect actuator in accordance with the latest Boeing Component 

Maintenance Manual (CMM) Instructions. 
2 

5. After purporting to have performed an overhaul of the subject actuator, TGIITAS 

gave the part an FAA Form 8130-3, Airworthiness Approval Tag maintenance release, dated 

January 22, 2013, and returned the subject actuator to VAS. 

6. The foregoing notwithstanding, a subsequent investigation conducted by aviation 

safety personnel from the Flight Standards District Office, Wichita, Kansas (ICT FSDO), 

disclosed that when the subject Truck Positioner Actuator was at TGI/T AS for the purpose of 

overhaul, it was NOT overhauled by the repair station's technicians- it was NOT disassembled 

by the repair station's technicians, it was NOT repaired by the repair station's technicians, and it 

was NOT bench leak checked by the repair station's technicians as required by the Boeing 

Component Maintenance Manual (CMM) 32- 32-55 for Truck Positioner Actuator Assembly 

273T6100 series, revision dated November 1, 2011, page 501. 

7. TGI/TAS signed a maintenance release stating the subject Truck Position 

Actuator was overhauled when TGI/TAS had not used methods, techniques, and practices 

acceptable to the Administrator and the actuator had not been disassembled, cleaned, inspected, 

repaired as necessary, and reassembled by the repair station's technicians. 

8. TGIITAS signed a maintenance release stating the subject Truck Position 

Actuator was overhauled when TGIITAS had not tested the part in accordance with approved 

standards and technical data, nor in accordance with current standards and technical data 

acceptable to the Administrator, which had been developed and documented by either the holder 

of the type certificate, supplemental type certificate, or a material, part, process, or appliance 

approval under part 21 of the Federal Aviation Regulations. 
3 

9. TGIITAS executed a maintenance release approval for return to service on FAA 

Form 8130-3, dated January 22, 2013, which certified that Truck Positioner 273T6101-9, serial 

number 024, had been overhauled according to Boeing CMM 32-32-55, Rev. 49, dated 7-1-2012, 

when, in fact, the subject Truck Positioner was not overhauled by TGIITAS as stated. 

10. TGI/TAS did not follow TGI/T AS' FAA accepted quality control system, 

TGI/TAS Repair Station Quality Manual Revision 5, dated 12 MAY 10, Introduction page 9 of 

186, dated 01 JAN 08, when performing maintenance on Truck Positioner 273T6101-9, serial 

number 024, which states in relevant part: "The provisions of this manual are mandatory and 

applicable to all T AS repair station personnel. .. all company personnel will follow procedures 

contained in this manual". 

11. TGIITAS did not perform maintenance on Truck Positioner 273T6101-9, serial 

number 024, using the methods, techniques, and practices prescribed in the current 

manufacturer's maintenance manual or Instructions for Continued Airworthiness prepared by 

its manufacturer, nor did TGIITAS use the tools, equipment, and test apparatus necessary to 

assure completion of the work in accordance with accepted industry practices. 

12. TGI/TAS did not perform the work pertaining to the subject Truck Positioner in 

such a manner that the condition ofthe Truck Position Actuator maintenance resulted in this 

assembly being at least equal to its original condition or properly altered condition (with regard 

to aerodynamic function, structural strength, resistance to vibration and deterioration, and 

other qualities affecting airworthiness). 

13. As a consequence of the foregoing, Boeing B-767-231, serial number 22569, 

N606TW, Truck Position Actuator, part number 273T61 01-9, serial number 024, was not in 
anairworthy condition when it was approved for return to service by TGI/TAS on January 12, 

2013. 

14. TGI/T AS' failure to perform an overhaul of Boeing B-767-231, serial number 

4 

22569, N606TW, Truck Position Actuator, part number 273T6101-9, serial number 024, or to 

take any other maintenance action, including the failure to perform a bench leak check as required 

by the Boeing Component Maintenance Manual 32- 32-55, was reckless and was aggravated by 

the fact that TGIITAS' failure created a significant safety of flight hazard in that: 

a. The subject Truck Position Actuator, used to position the large truck 

assembly into a forward tilted-up position for landing and for a more horizontal position as the 

truck is positioned to be received back into the wheel well during the retraction process, was 

sent out by TGI/T AS represented as having been overhauled and airworthy for the purpose of 

installation and service on a Boeing B-7 67 aircraft; 

b. TGIITAS' failure created a threat to the safety of passengers on the 

affected aircraft, as well as the safety of persons on the ground, in the event the subject Truck 

Position Actuator malfunctioned or failed during landing; 

c. TGIITAS' failure created the potential for the development of an 

asymmetrical condition of the main landing gear's position during landing that could result in 

an uneven landing attitude; and 

d. TGI/T AS' failure created the further potential that such an uneven 

attitude at time oflanding would be aggravated by any cross winds and/or by any precipitation 

present at time of landing, leading to the loss of control of the affected aircraft thereby 
endangering the life and property of the passengers, cabin crew and flight crew, as well as 

others on the ground. 

III. 

1. By reason of the foregoing facts and circumstances, TGI/TAS violated the 

following sections of the Federal Aviation Regulations (PARs): 

a. Section 43.2(a)(l), which states that no person may describe in any required 

maintenance entry or form an aircraft, airframe, aircraft engine, propeller, appliance, or component 

part as being overhauled unless, using methods, techniques, and practices acceptable to the 

Administrator, it has been disassembled, cleaned, inspected, repaired as necessary, and 

reassembled. 

b. Section 4 3 .2( a)(2), which states that no person may describe in any required 

maintenance entry or form an aircraft, airframe, aircraft engine, propeller, appliance, or component 

part as being overhauled unless it has been tested in accordance with approved standards and 

technical data, or in accordance with current standards and technical data acceptable to the 

Administrator, which have been developed and documented by the holder ofthe type certificate, 

supplemental type certificate, or a material, part, process, or appliance approval under part 21 of 

this chapter. 

5 

c. Section 43.13(a), which states in relevant part that each person performing 

maintenance, alteration, or preventive maintenance on an engine shall use the methods, 

techniques, and practices prescribed in the current manufacturer's maintenance manual or 

Instructions for Continued Airworthiness prepared by its manufacturer, or other methods 

techniques, and practices acceptable to the Administrator. 
6 

d. Section 43.13(b), which states 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, resistance to vibration and deterioration, and other 

qualities affecting airworthiness). 

e. Section 145.201(c)(l), which states that a certificated repair station may not 

approve for return to service any article unless the maintenance, preventive maintenance, or 

alteration was performed in accordance with the applicable approved technical data or data 

acceptable to the FAA. 

f. Section 145.2ll(b), which states that repair station personnel must follow the 

quality control system when performing maintenance, preventive maintenance, or alterations under 

the repair station certificate and operations specifications. 

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

exceed $25,000 for each of the violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of $50,000 is 

appropriate. 

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 $50,000. 
Dated this 27th day of March, 2015. 

Respectfully submitted, 

A. Lester Haizlip 

Regional Counsel 

By: 

ar G. Camacho 

~k c___ 

/ Attorney for Complainant · 1 Federal Aviation Administration 

901 Locust St., Room 506 

Kansas City, MO 64106-2641 

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

Answer 

Section 13.209(a) of the Rules of Practice in FAA Civil Penalty Proceedings states, "A 

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

Section 13.208(d) or Section 13.218(£)(1-4) instead of filing an answer, not later than 30 days 

after service of the complaint. 

Section 13.209(f) states, "A person's failure to file an answer without good cause shall be 

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

7 
Triumph Accessory Services, FAA Case No. 2014CE070023 

CERTIFICATE OF SERVICE 

I hereby certify 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. Jeffry D. Frisby 

President and CEO 

Triumph Group, Inc. 

d/b/a Triumph Accessories Services 

Wellington, KS 

899 Cassatt Road, suite 210 

Berwyn,PA 19312 

Marshall S. Filler, Esq. 

Obadal, Filler, MacLeod & Klein, P.L.C. 

117 North Henry Street 

Alexandria, VA 22314-2903 

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 Clerk, AGC-430 

Wilbur Wright Building, Room 2014 

Dated this 271

h day of March, 2015. 

Alisa 

tt~L Gause 

Paralegal Specialist 

8