10/04/2011 IG 04 FAX 2024935142 FAA - QMS aOOl/OOG 

Q 

U.S. Department Southern Region p,o. Box 20636 

of Transportation Office of the Regional Counsel Atlanta, Georgia 30320 

Federal Aviation (4CM) 305-5200 ^^ j:,: 

Administration (404) 305-5223 FAX 

C D I, ^rr- rr\ 

S£F4d UP 

CERTIFIED - RETURN RECEIPT REQUESTED " =4l^ S 

Hearing Docket Clerk -P §§""" ' 

FAA. AGC-430, Suite 2W1000 c : cTS 

Wilbur Wright Building '"^ 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Island Bird Inc. IKJI^ C Or// ihh ^ 

FAA Case No 2010SO190309 -C^WS - Ml-100IS 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests thai the hearin£ in this matter be held in the Miami, Florida area, and expects 

thai the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Onicc of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30330 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

R'^AN M. L.^NDERS 

Office of the Regional Coun.sel l i C O C J V PP ) 

Enclosures SEP 2 7 2011 

HEARING DOCKET 
10/04/201 1 1G0 4 FAX 202493514 2 

09/19/201 1 n:4 9 3016952151 

FAA 

LAW OFFICES 

- DI.IS [^ 002/00 6 

#259 ; ?.0O l /OC'l 

I/o<Uce SSCs^odu/edJOHN S. YODICE 

ROMALDP (SOLDEN-

^ATWLEGN/t YODICe 

Tfl,L60TM. WAJTnN. 

601 PENNSYLVANIAAVENUE, N-V^. 

SUITE e' ^ 

WAE-HINGTO). OC 20DC» 

(202) 73>-30±i 

FAJt (202) 7 J7-7-*aO 

RaYPJONDC SPECIALEGftEQOffT S. WrNTON 

LEQNAPU CEfauZZi. 

ELCABETH M. STERPlUAll AVIATION W W 

surre24t 

FHEDEftiCK. MD217dl 

FM(30i)a»-5i;i W.1CKAEIA.TOOICE 

PLEASE REPLY TO, MD .ofp\ce 

Septembers, 2011 

Federal Aviation Administration 

800 independence Avenue, 5.W. 

Wilbur Wright Building, 

Suite 2W:000 

Washington, OC 20591 

Artn: Hearing Docket Clerk, AGC-ABO 

Re: Island Birds, Inc., FAA Docket No! 2O10SO190309 

Dear Sir or Madam: 

The FAA has issued a Final Notice of Proposed Civil Penalty in the above-referenced matter. Please 

accept this as our request for a hearing on the allegations made by the F/VA in their Final Notice. We 

respectfully request that any hearingiin this matter be held in St. Thomas, USVI. 

All future communications in this matter should be addressed to our firm's Frederick Man/land office. If 

you have any questions or concerns, please do not hesitate to contaa us. We appreciate your attention 

to this matter. 

Sincerely, 

^arhleeh-A: Yodi^ 

.ounseitolsland'Birds 

cc: Ryan M. Landers, FAA Counsel 
10/04/201 1 16:0 4 FAX 202493514 2 FAA ^ DMS gjOOa/OOB 

U.S. DErARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVUTION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

ISLAND BIRD INC. 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET 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: 

1. 

I. On August 31, 2011, Respondent, Island Bird Inc. was advised through a Final 

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

of $50,000. On September 14, 201 L the Agency Attorney received a vyriiten request for a 

hearing from the Respondent. 

IT 

2. At all times material herein, Island Bird, Inc. ('Tsland Bird") was and is now the 

holder of Air Carrier Certificate No. I9BA737J. 

3. Island Bird is authonzod by its operations specificaiions to conduct opcrationii 

under 14 C.F.R. Part 135 using aircraft N45SR, a Piper PA-31-350, Serial No. 31-7852141. 

4. a. Piper Service Bulletin 1008, dated September 1997, requires the installation, 

of an "Elevator Butt Rib Refinement Kit" to remedy the possibility for cracks in the false spar 

channels, elevator butt ribs, and elevator spar at the butt rib attachment. 

b. 1 he Elevator Butt Rib Refinement Kit includes a reinforcement plate, or 

"doubler plate.'' 
10/04/201 1 1G.04 FAX 2024935U 2 FAA - DMS (2)004/005 

5. Airworthiness Directive (AD) 2001 -06-01, effective May 2001. made compliance 

with Piper Servici? Bulletin 1008 mandatory. 

6. . Piper Service Bulletin 1008 and AD 2001-06-01 are applicable to N45SR, Serial 

No. 31-7852141. 

7. a. On or about July 12, 2010, a FAA representative conducted a ramp in.spection 

on N45SR at San Juan International Airport. 

b. During the above-referenced inspection, the FAA representative observed that 

an Elevator Butt Rib Refinement Kit had not been installed on N45SR because the aircraft's 

elevators did not have reinforcement plates. 

8. The following enlries arc listed in the maintenance records for N45SR; 

a. A September 26, 2006, entry states in relevant part "Perm c/w A D 2001-6-1 

by incorporating Elevator Butt Rib Reinforcement Kit, Piper PN 766-642, into both the left and 

right elevators l.A.W. Piper Service Bulletin No. 1008 dated September 30, 1997.'' 

b. An August 16, 2010. entry states in relevant part "Installed Four 

Reinforcement plates PAI 101107-12 lAW. AD 2001-06-01. This AD was previously c/w but 

without the installation of Reinforcement Plates. I certify that the AD 2001-06-01 s/b lOOfi was 

complied with in its entirety." 

9. The maintenance records for N45SR do not indicate that the elevator 

reinforcement plates were removed bcuveen September 26. 2006, and August 16, 2010. 

10. a. Between January I, 2010, and July 12, 2010, Island Birds operated N45SRon 

a total of 304 flights. 

b. The above-referenced flights included 8 passenger carrying flights conducted 

under Part 91 of the Federal Aviation Regulations (FAR). 

c. The above-referenced flights included 159 passenger carrying flights. 

conducted imder Part 91 of the FAR. 

11. a. During the abovc-rofcrcnccd flights, N45SR was not in compliance with AD 

2001 -06-01 because the aircraft did not contain reinforcement plates. 

b. By reason of N45SR not being incompliance with AD 2001-06-01, N45SR 

was not in an airworthy condition at 
10/04/201 1 18:0 5 FAX 202493514 2 FAA ^ DMS 0005/006 

III. 

12. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

i. Section 39.7 in that no person may operate a product that does not meet the 

requirements of an applicable airworthiness directive. 

2. Section 91.7(a) in that no person may operate a civil aircraft unless it is in an 

aipA'orthy condition. 

3. Section 135.25(a)(2) in that except as provided in paragraph (d) of this section, no 

certificate holder may operate an aircraft under this part unless that aircraft is in an aii^worthy 

condition and meets the applicable airworthiness requirements of this chapter, including those 

relating to identification and equipment. 

4. Section 135.413(a) in that each certificate holder is primarily responsible for the 

airworthiness of its aircraft, including airframes,, aircraft engines, propellers, rotors, appliances, 

and parts, and shall have its aircraft maintained under this chapter, and i;hall have defects 

repaired between required maintenance under Part 43 of this chapter. 

13; Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil 

penalty not to exceed SI ,100 for each of the violations alleged. 

14. 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 S50,000. 

Respectfully submitted this c^ O day of September, 2011 

/ ' * " 

RYA"NM. L.A>^DERS 

Attorney 

Office of the Regional Counsel 

PLEASE NOT^_: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complain!, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
10/04/2011 1605 FAX 2024935142 FAA - DMS @]0OG/00S 

CERTIFICATE OF SERVICE 

1 hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail. Return Receipt Requested, to the following; 

Hearing Docket Clerk (original + I copy) 

FAA, AGC-430. Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Kathleen A. Yodice, Esq. 

411 Aviation Way 

Suite 245 

Frederick, MD 21701 

Island Bird Inc. 

c/o Jay S. Lammering, Director of Maintencance 

8109 Lindbergh Drive 

North Ramp 

Cyril E. King Airport 

St. Thomas. VI 00802 

/IcDOWELL 

distant 

Office of the Regional Counsel 

StP i 0 2011 

Dated