02/19/2014 12:18 FAX 3107256816 

### AWP-7 

### lill 002

Western-Pacific Region P.O. Box 92007 U.S. Department ofT ransportalion Office ofthe Regional Counsel Los Angeles, CA 90009-2007 FederalAviation Administration 

### FeEl i 

### 9 2Ci'1 Telephone: (425) 227-2914 Facsimile: (31 0) 725-6816 CERTIFIED MAIL- RETURN RECEIPTREQUESTED and FACSIMILE Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk,AGC-430 Wilbur Wright Building-- Suite 2WJ000 Re: In the Matter ofHotton Enterorises, Inc.. d/b/aPremier Aviation; FAA Case No. 2012WP070156 Enclosed is a copy ofa requestfor hearing dated February 6, 2014, received by our office on February 6, 2014, and the origina! and one copy ofthe Complaint in the above-referenced proceeding. I request that

### the hearing in this matter be held in the Phoenix, Arizona, areaand expectthat the hearing will last two (2) days. Please address all communications for the Regional Counsel ofthe Western-Pacific Region. to the undersigned, at: Office oftheRegional Counsel, AWP-7.12, Federal Aviation Administration, Western-Pacific Region, P. 

### 0. Box92007. Los Angeles, CA 90009-.2007, Telephone: (425) 227-2914, FAX: (310) 725-6816. Sincerely, NAOMI TSUDA Regional Counsel By:

# ~2JJ Adam Runkel Attorney Enclosures: Requestfor Hearing; Complaint; Certificate ofService NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT TO SECTION 13.208(0) OR SECTION 13.2l&(F)(l-4) OF THE RULES OF PRACTICE.02/19/2014 12:19 FAX 3107256816

l'ebruary06, 2014 Federal Aviation Administrafton 800 Independence Avenue 

### sw, Washington DC 20591 A\VP-7

ATIN: Hearing Docket Clerk, AGC"430 WilburWright Building- Room 2W1000 Subject: Case No. 2012WP070156 Dear Sir/Madam:

1formally requesta hearing forthe case No. 2D12WP070156 p_er section 13.16 ofthe Federal Regulations. 

# s:;;#M/ AshokV1j Hotton Enterprises In DBA PremierAviation President/CEO 1951E. Airport Dr. Tucson A2 85756 14100302/19/2014 12:19 FAX 3107256816 

### AWP-7

U.S. DEPARTMENT OF' TRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC 141004

In the Matter ofO:otton Enterprises, Inc., d/b/a Premier Aviation: FAADOCKET UNASSIGNED-

# 20!**~-** 

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# I FAA CASENO. 2012WP070l56 Respondent JUDGE NOTASSIGNED COMPtAINT The Complainant files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: l. Respondent, Holton Enterprises, Inc., cllb/a PremierAviation, was advised through a Final Notice ofProposed Civil Penalty, dated February 4, 2014, thatthe FAA proposed to assess a civil penalty in the amount of$49,500.00. On February 6, 20 !4, Respondent submitted a written request for a hearing. 

### 11. l. Respondent is, and at all relevanttimes has been, the holder ofAirAgency Certificate, No. I-!3ER052N,**authori~ing** 

### it to operate an approved Repair Station.02/19/2014 12:19 FAX 3107256816 

### AWP-7

2. Respondent'sRepair Station Manual and Quality Control Manual states, ·'Jt is the responsibility ofthe ChiefInspector and Avionics Managerto assure that only calibrated equipmentis available for use by the Mechanic/Technicians.'' 3. As ofMay 30, 2012, non-calibrated equipment was available for usc by Respondent's mechanics and technicians, including; a. Fluke 27 Mulimeter; b. Jan Aero Test Set, serial number 380608; c. Pressure Gauge 0-5000, Control # ]006; and d. Pressure Gauge 0-100, Control # 05769. 4. On May 30, 2012, Respondent's employeeused the non-calibrated Fluke 27 multimeter, referenced in paragraph 3.a., when performing rnaintenancc on a Piper PA 46-350P aircraft, Civil Registration No. N60TM. 3

5. Between April27, 2012, and May '18, 2012, Respondent's**employee~** performed maintenance on a Mooney M20 air<oraft, Civil Registration No.N112RM. 6. The maintenance referenced in paragraph 

### 5 included pertbrmance ofa 100 hour/annual inspection. 7. The maintenance referenced in paragraph 6 included compliance with Airworthiness Directive (AD) 2011-26-04. 

### I4J 00502/19/2014 12:19 FAX 3107256816 

### AWP-7

4 8. Respondent's Quality Control Manual, section 2, page 9, states, "It is the responsibility oftheperson authorizing "approved for Return to Service·· after a 100 Hour/Annual Inspection to assure that all applicable AD's state AD number, revision date and method ofcompliance are documented. Ifthe AD involves recurring action, the owner/operator is also required to be notified 

### ofthe time and date when the next action is required by on "AD compliance Report" and originals given to customers." [Sic.) 9. AD 2011-26-04 requires recurring action. 10. The AD compliance sheet for N112RM, as filled out by Respondent's employees, did notnotifY the operator ofthe time and date when the next action is required for AD 2011-26-04. 11, On oraboutMay 18, 2012, Respondent's employee made a maintenance record entry, which includedthe maintenance referenced in paragraph 6, approv:ng N112RM for return to service. 12. The maintenance record entry referenced in paragraph II did not contain the aircraft total time in service. 13. Respondent's Repair Station Manual and Quality Control Manual requires an "Approved for Return to Service" maintenance record entry state, "I certi"ty that this aircraft hasbeen inspected/repaired/maintained in accordance with (insert type) inspection and was determined to be in an airworthy condition." 14100602/19/2014 12:19 FAX 3107256816 AWP-7



### 14. The maintenance record entry referenced in paragraph 11 did not contain the statement referenced in paragraph I3. 15. Between March 2, 2012, and April4, 2012, Respondent's employees perfonned maintenance on a Beech C23 aircraft, Civil Registration No. Nl8795. 5

I6. Respondent's Repair Station Manual and Quality Control Manual, section 2, page 6, states, "Upon completion ofa work item, the mechanic will sign offthe [discrepancy form (FRM-HTN-106)] using his initials indicating that the item is complete and ready for inspection... The inspector will then inspect the irem to assure conformance to specifications and established workmanship standards... Inspection acceptance will be indicated bythe inspector's stamp." 17. Respondent's mechanics did not sign offall completed work items on the FRMHTN-.!06 forthe maintenance referenced in paragraph 15. 18. Respondent's inspectors did not provide stamp" for all items on theFRM-HTN1

06 for the maintenance referenced in paragraph 15. !9. Themaintenance referenced in paragraph 15 includedperformance ofa l00 hour/annual inspection. 20. The maintenance referenced in paragraph 19 included compliance with AD 87- 02-08. 

### l4l 00702/19/2014 12:19 FAX 3107256816 AWP-7

6 21. AD 87-02-08 requires recurring action. 22. The AD compliance sheetforN 18795, as filled out by Respondent's employees, did not notifY the operatorofthe time and date when the next action is required for AD 87-02-08. 23. Respondent's Repair Station Manual and Quality Control Manual, chapter 3, page 3, states, "Special forms and checklists, such as, periodic, progressive and 100 hour inspection forms or other special purpose forms will be cmnple11ed and filed withthe work package'' 24. Respondent'semployees did not sign offat least 3 items on the checklist for the annual inspection ofN18795 refere:nced in paragraph 19. 25. On oraboutApril4, 2012, Respondent's employee made a maintenance record entry, which included !hemaintenancereferenced in paragraph 15, approving Nl8795 for return to service. 26. The maintenancerecord entryreferenced in paragraph 25 did not contain 11hc aircrafttotal time in service. 27. The maintenance record entryrefen:nced in paragraph 25 did not contain fhe statementreferenced in paragraph 13. 14100802/19/2014 12:19 FAX 3107256816 A\VP-7



### 28. Between December 15, 2011, and May 25, 

### 20 12, Respondent's employees performed maintenance and alterations on a Cessna 177 aircraft, Civil Registration No. N22SD, for return to service. 29. The alterations referenced in paragraph 28 included installation ofan AmSafe Aviation pilot and co-pilot airbag restraint system. 30. The alteration described in paragraph 29 was a major alteration. 31, The alteration described in paragraph 29 resulted in a change in tbe operating limitations contained inthe approved aircraft flight manual ofN22SD. 7



### 32. On or about May 25, 20!2, a Respondent's employee made a maintenance record entry, which included the alteration referenced in paragraph 29, approving N22SD for return to service. 33. Respondent's employees did not revise the flight manual supplement tor N22SD priorto approving the aircraft for return to service. 34. Respondent's employees did not give to the owner ofN22SD, and did not forward tothe FAA Aircraft Registration Branch, an FAA Form 337 for the alteration referenced in paragraph 29. 35. The alterations referenced in paragraph 28 included installation ofaJ.P. Instruments engine monitoring system with fuel flow and carburetor**option~.** l{!j 00902/19/2014 12:19 FAX 3107256816 AWP-7



### 36. On or about May 25, 2012, Respondent's employee made a maintenance: record entry, which included the alteratic•n referenced in paragraph 35, approving N22SD for return to service. 37. Respondent's employees did not give to the ownerofN22SD, and did not forward to the FAA Aircraft Registration Branch, an FAA form 337 for the alteration referenced in paragraph 35. 38. At all relevant times, John Peavywas employed by Respondent as a mechanic and an inspector. 39. The maintenance referenced in paragraph 28 included removal ofthe glove box door on N22SD and fabrication ofa mount for the "newJPI instrument," which were accomplished by Mr. Peavy. 40. Respondent's Repair Station Manual and Quality Control Manual, section 2, 141010

8



### page 1, states, "Any inspector; that accomplished workas a mechanic will have that work inspected by another inspector,just as any mechanic would. Inspectors will indicatetheir acceptance ofwork performed with the application ofthe inspector's stamp next to the item on the work on form (FRM-HTN-1 06).'' 4!. Mr. Peavy did nothave·thework referenced in paragraph 39 inspected by another inspector.02/19/2014 12:19 FAX 3107256816 AlVP-7



### 42. The maintenance referenced in paragraph 28 included performance ofa ·00 hour/annual inspection. 43. The maintenance referenced in paragraph 42 included compliance with AD 20l 1-1

### 0-09 and AD 72-03-03 R3. 44. AD 2011-10-09 and AD 72-03-03 R3 require recurring action. 45. The AD compliance sheet for N22SD, as filled out byRespondent's employees, did not notify the operator ofthe time and date when the next action is required for AD 201 H0-09 and AD 72-03-03 R3. 

### 9

46. Respondent's employees did not sign offat least 12 items on the checklist for the l00 hour/annual inspection ofN112RMreferenced in paragraph 42. 47. On or aboutMay 25, 20)2, Respondent's employee made a maintenance record entry, which includedthemaintenance referenced in paragraphs 39, 42, and 43, approving N22SD for return to service. 48. The maintenance record entry referenced in paragraph 4 7 did not contain the aircraJl: total time In service. 49. The maintenance record entry referenced in paragraph 47 did not contain the statement referenced in paragraph I3. lilJOll02/19/2014 12:19 FAX 3107256816 AIVP-7



## m. Byreason ofthe foregoing facts and circumstances, Respondent violated the following sections oftheFederal Aviation Regulations (Title 14, Code ofFederal Regulations!: 10

a. 145.207(a), which states that a certificated repair station must prepare and follow a repair stationmanual acceptable to the FAA; b. 145.211(b), which statesthat repair station personnel must follow the quality control system when performing maintenance, preventive maintenance, or alterations underthe repair station certificate and operations specifications;

c. 43

### J I(a}(2), which states thatthe person approving ordisapproving for re1um to service an aircraft, airframe, aircralt engine, propeller, appliance, or component part a'fter any inspection perfonned in accordance with part 91, 125, § 135.411 (a)(l), or§ 135.419 shallmake an entry in the maintenance record of that equipment containingthe following information___(2) The date ofthe inspection and aircraft total time in service; d. 43.5(b), which statesthat no person may approve for return to service any aircra'ft, airframe, aircraft engine, propeller, orappliance, thathas undergone maintenance, preventive maintenance, rebuilding, or alteration unless- (b) The repair or alteration form authorized by or furnished by the Administrator has been execuTed in a mannerprescribed by the Administrator; 14101202/19/2014 12:19 FAX 3107256816 

### AWP-7 141 013

11 e. 43.5(c), which states thatno person may approve for return to service any aircraft, airframe, aircraft engine, propeller, or appliance, that has undergone maintenance, preventive maintenance, rebuilding, oralteration unless- (c) Ifa repair or an alterationresults in any change in the aircraft operating limitations or flight data contained in the approved aircraft llight manual, those operating limitations or t1ight data are appropriatelyrevised and set forth as presc6bed in § 91.9 ofthis chapter; and f. Part 43, Appendix B(a), which states that, except as provided in paragraphs (b), (c), and (d) ofthis appendix, each person performing a major repair or major alteration shall- 

### (l) Execute FAA Form 337 at least in duplicate; (2) Give a signed copy ofthat form to the aircraft owner; and (3) Forward a copy ofthat form to the FAA Aircraft Registration Branch in Oklahoma City, Oklahoma. within 48 hours afterthe aircraft, airframe, aircraft engine, propeller, or appliance is approved forreturn to service. IV. I. Pursuantto Title 49 U.S.C. Seccion 46301 (a)(5)(A), Respondent is subjectto a civil penalty notto exceed $11,000.00 for each ofthe violations alleged. 2, Under the facts and circumstanc.es ofthis case, a civil penalty of$49,500.00 is appropriate.02/19/2014 12:19 FAX 3107256816 AWP-7
12 WHEREFORE, the Complainant, respectfully requests thattheAdministrati1JC Law Judge enter an orderthat Respondentbe assessed a civil penalty in the amount of$49,500.00 Respectfully submitted, 

# .// .-/) j/**/f-«~.;~** Adam Runkel Attorney 

### Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region DATED: FE3 19 2014 

### lilJ 01402/19/2014 12:20 FAX 3107256816 AWP-7


### 13 CERTIFICATE OF SERVICE I hereby certil'y that on this date I hav•· sentby facsimile and placed in the United States mail, postage prepaid, certified mail -return receipt requested, the executed original and one copy ofthe Complaint, addressed as Jollows: Federal Aviation Administration 800 IndependenceAvenue, SW Washington, DC 20591 Attn: Hearing DocketClerk, AGC-430 Wilbur Wright Building-Suite2W1 000 Facsimile: (202) 493-5142 1further cetiil'y that onthis date l haveplaced in the United States mail, postage prepaid, certified mail- return receipt requested, and regularmail, a true copy ofthe Complaint, addressed 

### as follows: Hatton Enterprises, Inc., d/b/a PremierAviation Ashok Vij, CEO/President 1951 East Airport Drive Tucson, AZ 85756

Dated: FEB 1? 2014

JeffKambe , egal Technician Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Lawndale, California 

### lilJ 01502/19/2014 12:18 FAX 3107256816 A\VP-7 

### li!J 001 

### Federal Aviation Administration Hearing Docket Clerk, AGC-430 Office ofthe Regional Counsel, AWP-7 PO Box92007 

## -· Phone Fax: From Title: Date: Pages w/covec I (202) 493-5142

Adam Runkel FAA Attorney, AWP-7,12 February 19, 2014 16 D Peryour Request 

# _j Los Angeles, CA 90009-2007 Telephone: (425) 227-2914 Facsimile: (310) 725-6816 Email: 

### Facsimile Description of item being transmitted: Complaint D For Review D Please Comment D For Coordination 

# A Hard Copy to Follow via US MAIL NOTES/COMMENTS: RE: Administrator, FAA v. Holton Enterprises, Inc., 

### FM Case No. 2012WP070156

The information contained ·,n this facsimile message is intended for the use ofthe designated addressee only. The information transmitted may be subject to the attorney-client privih;ge or may be protected under the Privacy Act. lr you are notthe designated addressee and you receive this document through inadvertent error, any further review, dissemin<Jtion, distribution or copying ofthis communication is strictly prohibited, IF YOU RECEIVE THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONING (31 0) 725- 7100**.~NO** DESTROY THE ORIGINAL OF THIS COMMUNICATION. Thank You. 

# 0 U.S.

### Depanm~nt o(TransportationFebruary 06, 2014 Federal Aviation Administration 800 Independence Avenue SW, Washington DC 20591 ATIN: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Room 2W1000 Subject: Case No. 2012WP070156 Dear Sir/Madam: 

# RECElVED FEB 18 2014 

# HEARING DOCKET

I formally request a hearing for the Case No. 2012WP070156 per section 13.16 ofthe Federal Regulations. Please let me know ifthe above information is correct oryou need additional information. I can be reached atthe phone number and address below.
Sincerely

# ibjJ.~;?**Ash~k** Vij Hatton Enterprises Inc. DBA Premier Aviation President/CEO 1951 E. Airport Dr. Tucson AZ 85756 FAA Repair Station # H3ER052N 520-907-8926 CC: Adam RunkelU.S. Department ofTransportation FederalAviation Administration 

### FE3 -4 2014 Westem-Pacific Region Office ofthe Regional Counsel 

# RECEIVED FEB 182014 HEARING DOCKET P.O. Box 92007 Los Angeles, CA 90009-2007 Telephone: (425) 227-2914 Facsimile: (310) 725-6816 Case No. 20!2WP070156 REGULAR & CERTIFIEDMAIL- RETURN RECEIPT REQUESTED 

# L013 · I0 

# 81 HottonEnterprises, Inc., d/b/aPremierAviation AshokVij, CEO/President 1951 EastAirportDrive**Tucson,~** 85756 F!NALNOTICE OFPROPOSED CIVILPENALTY You were advised through a Notice ofProposed CivilPenalty, dated May 6, 2013, thatthe Federal AviationAdministration (FAA) proposedto assess a civil penalty in the amount of $49,500.00. On July 3, 2013, an informal conference washeld inthis case. After considering allthe evidencein this matter, including the information presented by Hotton Enterprises, Inc., d/b/a PremierAviation at, and subsequentto, the informal conference itappears that: I. HottonEnterprises, Inc., d/b/aPremierAviation (Hotton) is, and atall relevant times has been, the holder ofAirAgency Certificate, No. H3ER052N, authorizing itto operate an approved Repair Station. 2. Hotton'sRepair StationManual and Quality Control Manual states, "Itis the responsibility ofthe Chieflnspectorand AvionicsManagerto assure that only calibratedequipment is available for use bytheMechanic/Technicians." 3. As ofMay 30, 2012, non-calibrated equipmentwas available for use by Hotton mechanics and technicians, including; a. Fluke 27 Mulimeter; b. JanAero Test Set, serial number 380608; c. Pressure Gauge0-5000, Control# 1 006; and