U.S. Department ofTransportation Federal Aviation Administration In Reply Refer To: ACE-7

CERTIFIED MAIL- RETURN RECEIPT REQUESTED Office ofRegional 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 WrightBuilding, Suite 2W1000 Re: Inthe Matter ofTriumph Accessory Services Case No. 20l4CE070023 

# D 02 2015 

## HEARING DOCKFT

Enclosedherewithplease fmd a copy ofa request for a hearing and the original and one copy ofthe Complaint in the above-referenced proceeding. The FAA requests thatthe hearing in this matter be held in Wichita, Kansas, and expects thatthe hearing will last one day. Please address all communications for the FAAto 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 DocketNo. FAA CaseNo. 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 AviationAdministration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 1. OnDecember 5, 2014, Respondent TriumphAccessory Services was advised through a Notice ofProposed Civil Penaltythatthe FAAproposedto assess a civil penalty inthe amount of$50,000. OnMarch 17, 2015, Respondent's attorney submitted a written request for a hearing. II. 1. At all times mentionedhereinafter TGI/T AS was the holder ofAir Agency Certificate Number OB2R051L, a FAA approvedrepair station. 2. On or about 12/17/12, VAS Aero Systems, LLC, Boca Raton, Florida (VAS), sent TGI/T AS a BoeingB-767-231, serial number 22569, N606TW, TruckPosition Actuator, part number 273T6101-9, serial number 024, for overhaul by TGI/TAS. 3. The subject TruckPositionActuator had missing outer seals from the reliefvalve, 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 overhaulo(thesubiectactuator in accordance withthe latest Boeing Component Maintenance Manual (CMM) Instructions.2 5. Afterpurporting to have performed an overhaul ofthe subject actuator, TGIITAS gave the part an FAA Form 8130-3, Airworthiness Approval Tag maintenance release, dated January 22, 2013, andreturned 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 thatwhen the subject Truck Positioner Actuator was at TGI/TAS for the purpose of overhaul, it was 

### NOT overhauledby the repair station's technicians- it was 

### NOT disassembled bythe repair station's technicians, it was 

### NOT repaired bythe repair station's technicians, and it
was 

### NOT bench leak checkedbythe repair station's technicians as required by the Boeing Component Maintenance Manual (CMM) 32- 32-55 for TruckPositionerActuator 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 notused methods, techniques, and practices acceptable to the Administrator and the actuator had not been disassembled, cleaned, inspected, repaired as necessary, and reassembled bythe repair station's technicians. 8. TGIITAS signed a maintenance release stating the subject Truck Position Actuator was overhauled when TGIITAS hadnot 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 ofthe type certificate, supplemental type certificate, or a material, part, process, or appliance approval under part 21 ofthe 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/TAS' 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, whenperforming maintenance on Truck Positioner 273T6101-9, serial number 024, which states inrelevant part: "The provisions ofthis manual are mandatory and applicable to all TAS repair station personnel. ..all company personnel will follow procedures contained inthis manual". 11. TGIITAS didnot perform maintenance on Truck Positioner 273T6101-9, serial number 024, using the methods, techniques, and practices prescribed inthe 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 ofthe work in accordance with accepted industry practices. 12. TGI/TAS did notperformthe work pertainingto the subject Truck Positioner in such a manner that the condition oftheTruck 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 ofthe foregoing, Boeing B-767-231, serial number 22569, N606TW, TruckPositionActuator, part number 273T6101-9, serial number 024, was not in

### anairworthy condition when itwas approved for return to service by TGI/TAS on January 12, 2013. 14. TGI/TAS' failure to perform an overhaul ofBoeing B-767-231, serial number 

### 4

22569, N606TW, Truck PositionActuator, 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 ComponentMaintenance Manual 32- 32-55, was reckless and was aggravated

### by the fact that TGIITAS' failure created a significant safety offlight hazard inthat:
a. The subject TruckPositionActuator, 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 positionedto 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-767 aircraft; b. TGIITAS' failure created a threat to the safety ofpassengers on the affected aircraft, as well as the safety ofpersons on the ground, inthe eventthe subject Truck Position Actuator malfunctioned or failed during landing;
c. TGIITAS' failure created the potential for the development ofan asymmetrical condition ofthe main landing gear's position during landing that could result in

an uneven landing attitude; and d. TGI/TAS' 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 oflanding, leading to the loss ofcontrol ofthe affected aircraft therebyendangering the life and property ofthe passengers, cabin crew and flight crew, as well as others on the ground. III. 1. By reason ofthe foregoing facts and circumstances, TGI/TAS violated the following sections ofthe Federal Aviation Regulations (PARs):

a. Section43.2(a)(l), which statesthatno person may describe in any required maintenance entry orform an aircraft, airframe, aircraft engine, propeller, appliance, or component part as being overhauled unless, using methods, techniques, andpractices acceptable to the Administrator, ithas beendisassembled, cleaned, inspected, repaired as necessary, and reassembled. b. Section4 3.2( a)(2), which states thatno personmay describe in any required maintenance entry orform an aircraft, airframe, aircraft engine, propeller, appliance, orcomponent part as being overhauledunless it has beentested in accordance with approved standards and technical data, orin accordance with current standards and technical data acceptable to the Administrator, whichhave been developed and documentedbytheholder ofthetype certificate, supplementaltype certificate, or a material, part, process, or appliance approval under part 21 of this chapter. 5

c. Section43.13(a), which states inrelevant partthat each personperforming maintenance, alteration, orpreventive maintenance on an engine shall use the methods, techniques, and practices prescribed inthe current manufacturer's maintenance manual or Instructions for Continued Airworthiness preparedby its manufacturer, or othermethods 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 anduse materials of such a quality, that the condition ofthe 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 statesthat acertificatedrepair station may not approve for return to service any article unless the maintenance, preventive maintenance, or alteration was performed in accordance withthe applicable approved technical data or data acceptable to the FAA. f. Section 145.2ll(b),which statesthatrepair station personnel must follow the quality control systemwhenperforming maintenance, preventive maintenance, or alterations under the repair station certificate and operations specifications. 2. Pursuantto Title 49 U.S.C. 46301, Respondent is subjectto a civil penalty not to exceed $25,000 for each ofthe violations alleged. 3. Under the facts and circumstances ofthis case, a civil penalty of$50,000 is appropriate. WHEREFORE, the Agency, by counsel, respectfully requests thatthe Administrative Law Judge enter an order that Respondent be assessed a civil penalty inthe amount of$50,000.Dated this 27th day ofMarch, 2015. Respectfully submitted, A. Lester Haizlip Regional Counsel By:



# ~k ar G. Camacho 

## 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) ofthe Rules ofPractice 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 offiling an answer, not later than 30 days after service ofthe complaint. Section 13.209(f) states, "A person's failure to file an answer without good cause shall be deemed an admission ofthe truth ofeach allegation contained inthe complaint. 7Triumph Accessory Services, FAA Case No. 2014CE070023 CERTIFICATE OF SERVICE I hereby certifythat I have this date placed inthe United States mail, certified, return receipt requested, a copy ofthe Administrator's Complaint, addressed to: Mr. Jeffry D. Frisby President and CEO Triumph Group, Inc. d/b/a TriumphAccessories Services

Wellington, KS 899 CassattRoad, suite 210 Berwyn,PA 19312 Marshall S. Filler, Esq. Obadal, Filler, MacLeod & Klein, P.L.C. 117 NorthHenry Street Alexandria, VA 22314-2903 In addition, I hereby certify that I have this date placed inthe United States mail, certified, return receiptrequested, 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 27 1 h day ofMarch, 2015. 

# tt~L Alisa Gause Paralegal Specialist 8