Failure To Maintain

The Federal Aviation Administration (FAA) has proposed to assess civil penalties of approximately $3 million against the following 10 companies and agencies for allegedly violating Federal Aviation Regulations (FARs).

Select Aviation Corp., Farmington, NY

These companies or agencies allegedly failed to follow required maintenance or operating procedures; operated aircraft when they were not in compliance with the regulations; or failed to carry out mandatory training in a timely fashion.

January 6, 2001 to October 10, 2003 – For allegedly failing to perform proper maintenance and testing of replacement parts; for failing to make proper entries in aircraft logs; for failing to inspect aircraft at required times; and for failing to comply with airworthiness directives on five Cessna 172s used for flight instruction.

Trans States Airlines, Inc., Bridgeton, MO $ 75,000

April 13, 2004 to May 17, 2004 – For allegedly operating a Jetstream 41 on 138 flights when it was not in compliance with the regulations. Fifty-six of the flights occurred after Trans States’ structures manager was advised that operation of the aircraft would be in violation of FAA regulations. The FAA alleged the airline made a series of improper repairs to a composite fairing that was part of the cowling for the left engine.

Boeing Commercial Airplane Group, Wichita, KS $61,600

February 2004 – For allegedly failing to comply with its quality control system when it accepted and presented 56 B-757-300 fuselage panels for airworthiness approval when first article inspections had not been completed as required by its quality control system.

Cessna Aircraft Company, Wichita, KS $269,250

January 2002 to October 2003 – For allegedly failing to ensure an aircraft part conformed to the FAA- approved design and was safe for operation. The FAA found that the bell cranks (levers) installed in Cessna 208s built between those dates had not been manufactured in accordance with the FAA-approved type design. The discovery was made after an incident in Alaska on August 14, 2003, when a bell crank in a Cessna 208B flap assembly sheared when the flaps were lowered for landing.

Southeast Airlines, Inc., Largo, FL $242,250

February 18 to May 1, 2003 – A proposed civil penalty of $150,000 for allegedly failing to conduct required inspections of a DC9 at specified intervals. The FAA alleged the airline operated the aircraft on 279 flights when it was not in compliance with regulations. Also, a proposed civil penalty of $92,250 for allegedly failing to conduct a required annual inspection in 2002 of Suncoast Wheel and Brake, Inc., Clearwater, FL, an approved maintenance vendor. Southeast also did not have an accurate copy of Suncoast’s capabilities list documenting parts the company is authorized to sell to Southeast. Suncoast supplied Southeast 14 main wheel assemblies and seven brake assemblies when the parts were not on Suncoast’s capabilities list, and Suncoast was not authorized by the FAA to perform maintenance on the assemblies. As a result, the wheel and brake assemblies were not in compliance with regulations.

Executive Airlines, San Juan, PR $473,000

January 21 to February 21, 2003 – A proposed civil penalty of $352,000 for allegedly dispatching 111 passenger flights into Charles Airport in Castries, St. Lucia when the airport’s non-directional beacon was not in operation, and when global positioning system procedures were not available. Flight crews conducted visual approaches, sometimes at night, to complete the flights. Air carriers may not dispatch an aircraft unless required communication and navigation facilities are operating. Also, December 2002 to February 2003, a proposed civil penalty of $121,000, for allegedly violating pilot flight and duty time limits. FAA alleged that Executive used pilots for 15 separate flight segments when their actual flight time exceeded eight hours in a 24-hour period, and they allegedly were not provided 18 hours rest before their next scheduled duty.

San Francisco International Airport, San Francisco, CA $205,425

Calendar 2002 – For allegedly failing to comply with FAA regulations on the training of airport firefighters. The FAA alleged that San Francisco International did not conduct a live- fire drill for its aircraft rescue and firefighting staff during 2002. Once the airport finally completed the live- fire drill requirement in March 2003, training for some firefighters was overdue by nearly six months. San Francisco International is owned and operated by the City and County of San Francisco.

American Airlines, Fort Worth, TX $605,000

November 17 to December 2, 2003 – For allegedly failing to make a mandatory repair to an MD82, then operating the aircraft on 53 flights when it was not in compliance with regulations.

The FAA alleges that on November 17, 2003, an FAA aviation safety inspector flew on the aircraft from Orlando to New York LaGuardia Airport and noticed fuel leaking from an access panel on the top of the right wing. The inspector called the leak to the attention of the flight crew and told the crew to make a logbook entry to document the need for maintenance. The following day, the inspector called American maintenance at LaGuardia and was told that no repairs were made. The inspector told the maintenance manager the leak had to be repaired. The FAA alleges that American did not repair the leak until December 2.

Southwest Airlines, Dallas, TX $886,000

Calendar 2001 to 2003 – For allegedly failing to do required non-destructive testing on two aircraft after they were hit by lightning in 2001, and on a third aircraft struck in 2003. Maintenance employees found and repaired damage from the lightning strikes but failed to perform required additional inspections. As a result, the FAA alleges the three aircraft made 730 flights when they were not in compliance with regulations. In one incident, Southwest made two subsequent inspections of the aircraft and found additional damage that called for repair and inspection but failed to carry out required additional inspections before returning the aircraft to service. The FAA also alleges that Southwest made repairs and carried out inspections using the wrong manuals and instructions, then returned the aircraft to service.

Ameristar Airways, Inc., Addison, TX $123,200

October 22, 2002 to March 18, 2003 – For allegedly violating regulations by executing cargo service provider agreements with four freight forwarders and carrying cargo for them. The FAA alleged Ameristar lacked the certification required to carry cargo in common carriage.

Alleged violators have 30 days from receipt of the FAA’s notice to submit a reply to the agency. This posting is made in accordance with the FAA’s practice of posting public information on enforcement actions involving proposed penalties of $50,000 or more.

FMI: www.faa.gov