01/22/2015 10:40 

u.s. Deportment 

Of Tronsporto![O[) 

Federal Aviation 

Administration 

January 22, 2015 · 

4252271007 ANM7 

Northwest Mountain Region 

Office of Regional Counsel 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425) 227-1417 

Fax: (425) 227-1007 

robert.spitzer@faa.gov 

VJA FACSIMILE AND CERTIFlED MAlL • RETURN RECEIPT REQUESTED 

Attn: Hearing Docket Clerk, AGC-430 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg-· Room 2W1000) 

800 Independence Avenue S.W. 

Washington, D.C. 20591 

Re: In the Matter of Select Aviation Services, Inc. (Select) 

FAA Case No. 2013NM130007 

Enclosed is an original and one copy of a request for hearing and Complaint in the abovereferenced proceeding. 

The Federal Aviation Administration (FAA) requests that the hearing in this matter be held in 

Seattle, Washington, and expects that the hearing will last one (1) day. 

PAGE 02/0'3 

For scheduling purposes, FAA attorney, Robert Spitzer will be unavailable February 17, 2015, through 

February 19, 2015. 

Please address all comrnunicatio'ns for the FAA to the undersigned at: 

:Federal Aviation Administration 

Sincerely, 

Robert Spitzer 

FAA Attorney 

RS/tek 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Telephone: (425) Z27-l417 

FAX: (425) 227-1007 

Enclosures: Request for Hearing (Appeal) Complaint 
01/22/2015 10:40 4252271007 

ROBERT SPITZER 

FAA OFFICE OF REGIONAL COUNSEL. 

1601 LIN:D AVE., SW 

RENTON, WASHINGTON98057 

TELEPHONE: (425)227-1417 

FACSlMlLE: (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In .the Matter of: 

Select Aviation Services, Inc. 

JUDGE NOT ASSIGNED: 

FAA Case No. 2013NM130007 

Judge'Not Assigned 

COMJ;'LAINT 

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

PAGE 03/09 

pursuant to Rule 208 of the Rules of Practice (14 Code of Federal Regulations (C.F.R.) Section 

13 .208), and states as follows: 

I. 

On December 31, 2014, Select Aviation Services, Inc. (Select) was advised through a 

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

amount of$18,425. On January 13, 2015, Select, through its legal counsel, submitted a written 

request for a hearing. 

II. 

1. Select is now, and at all times mentioned herein was, the holder of Repair Station 

Certificate No. 5 SSR572B. 

COMPLAI.NT 

FAA v. SelectAIIiationServices, Inc. 

FAA Case No. 2013NM130007 

Page 2 of7 

RoanT SPITZER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
01/22/2015 10:40 4252271007 ANM7 PAGE 04/09 

2. At all times relevant herein, Select's Operations Specifications permitted Select to 

maintain and repair aircraft engines. 

3. At all times relevant herein, Select's Repair Station Manual, required that Select 

carry out all maintenance/repair operations according to the procedures detailed in 

the applicable manufacturer or military manual. 

4. On or about October 23, 2012, Select Aviation performed maintenance on a Bell 

UH-1 U helicopter, identification number N676TII (the aircraft). 

5. Specifically, Select overhauled the aircraft's engine, a Lycoming/Honeywell 

T53-L-703, serial number, LE-10901Z. 

6. During the course of this overhaul, Select installed a combustion deflector, serial 

number SA-0141-15 on the engine. 

7. At all times relevant herein, the U.S. Military Depot Maintenance Work 

Requirements (DMWR) 1-2840-113-2, was the military maintenance manual 

which listed repair and maintenance procedures for the Lycoming/Honeywell 

T53-L-703 engine. 

8, At all times relevant herein, military manual DlYIWR 1-2840-113-2, permitted 

repairing cracks around the deflector at the spot-weld area with welding, prov.ided 

the cracks did not exceed 300 degrees. 

9. Select av.iation completed an overhaul on the engine and returned the engine to 

service on or about October 23, 2012. 

10. At the time ofthe above-described overhaul and return to service, the engine's 

combustion chamber deflector assembly contained a crack which exceeded 300 

degrees around the spot-weld area repaired with welding. 

11. By reason of the above, Select aviation performed maintenance, an alteration, or 

preventative maintenance on an engine, without using the methods, techniques, or 

practices acceptable to the Administrator. 

12. By reason of the above, Select aviation performed maintenance, preventative 

maintenance, or an alteration when it did not do that work in such a manner or use 

materials of such a quality that the condition of the aircraft engine was at least 

equal to its original or properly altered condition. 

COMPLAINT 

FAA v. Select A viatioo Servioos, Jnc. 

FAA Case No, 20!3NMI30007 

Page3 of7 

ROBERT SPIT>:a\t, FAAATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
01/22/2015 10:40 4252271007 ANM7 PAGE 05/09 

13. By reason of the above, Select approved for return to service an article when 

maintenance, preventative maintenance, or an alteration was not performed in 

accordance with the applicable approved technical data or data acceptable to the 

FAA. 

14. By reason of the above, Select failed to follow their repair station manual. 

m. 

L By reason of the foregoing facts and circumstances, Select violated the following sections 

of the Federal Aviation Regulations (14 C.F.R.): 

a. Section 43 .13(a), in that Select performed maintenance, preventive maintenance, 

or an alteration on an engine without using the methods, techniques or practices 

acceptable to the Administrator. 

b. Section 43 .13(b ), in that Select performed maintenance, preventive maintenance, 

or alterations without performing the work in such a manner using materials of 

such a quality that the condition of the aircraft engine was at least equal to its 

original or properly altered condition. 

c. Section l45.20l(c)(!), in that Select approved the aircraft for return to service 

following a major repair or major alteration when the major repair or major 

alteration was not perfotmed in accordance with applicable approved technical 

data. 

d. Section 145.207(a), in that Select failed to follow its repair station manual, by 

approving the engine for return to service, when the combustion chamber deflector 

assembly contained a crack repaired with welding beyond military manual limits. 

2. In accordance with Section 4630l(a) Select is liable for a civil penalty not to exceed 

$11,000 for each ofthe violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of$18,425 is appropriate. 

COMPLAINT 

FAA v. Select Aviation Services, Inc. 

FAA Case No. 2013NMI30007 

Page4 of7 

ROBERT $P)TZER, F AAAITORNSY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
01/22/2015 10:40 4252271007 ANM7 PAGE 05/09 

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

Judge enter an order that Select be assessed a civil penalty in the amount of$18,425. 

Respectfully submitted this 22nd day of January 2015. 

Robert Spitzer 

FAA Attorney 

COMPLAINT 

FM v. Selcc\Aviati.on Services, Jnc_ 

FAA Case No. 2013NMI3D007 

Page 5 of7 

RoaEJ< T SPITZER, J1 M ATTORNEY 

TEL: (425) 227·1417; FAX: (425) 227-1007 
01/22/2015 10:40 4252271007 PAGE 07/09 

ANSWER 

In accordance with Section 13.209 of the Federal Aviation Regulations, Select, must answer this 

Complaint not later than thirty (30) days from the time it is served on it. Failure to fL\e an Answer 

within thirty (30) days without good cause shall be deemed an admission of the truth of each 

allegatJ.on contained in the Complaint [14.C.F.R. § 13.209(f)l 

COMPLAINT 

F M v. Select A via.tion Services; Jnc. 

FAA OlseNo, 20l3NMI30007 

Page 6 of7 

Ro""'' SPrtt.rut, FAAATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227·1007 
01/22/2015 10:40 4252271007 ANM7 

CERTJFICATE OF SERVICE 

I hereby certifY that the foregoing Complaint has been served via facsimile and certified mail - Return Receipt Requested this date, to the following: 

federal Aviation Administration (Original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

fax: (202) 267-1293 

David M. Schoeggl 

Attorney at Law 

P 0. Box 91302 

Seattle, W A 98111-9402 

fax: (206) 223-7107 

Fred Hodgdon 

Select Aviation Services, Inc. 

P.O. Box430 

Corvallis, MI 59828 

Fax: (406) 961-4101 

Dated ~~?d day of January 2015. 

~'}{ . ~v;; c~-v·~ 

Terr Kirk 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

PAGE 08/09 

ICOMPJ..AlNT 

!FAA v. Select Aviation Services, Inc. 

!FAA Caso No. Z013NM130007 

'Page 7 of? 

ROBERT SPITZER, FMATIOl<NSY 

!J'..L: (425)227-1417; FAX: (425) 227-1007