FAA PROPOSES CIVIL PENALTIES

August 27, 2015

  • $77,000 penalty against National Air Cargo Group for failing to comply with requirements for loading and securing heavy cargo.  The FAA alleges that in March and April 2013, National loaded heavy military vehicles on two jetliners.  The jetliners were flown on seven flights while loaded with at least one or more Mine Resistant Ambush Protected Vehicles (MRAPS) weighing between 23,001 pounds and 37,884 pounds.  The FAA alleges the cargo was not properly restrained to prevent shifting.  On April 29, 2013, one of the jetliners crashed after takeoff while loaded with five MRAPS, killing the seven crewmembers and destroying the aircraft. 
  • $55,000 against MayaAir LLC for allegedly using an unauthorized aircraft for commercial operations.  The FAA alleges that in 2014, MayaAir flew paying passengers aboard a Beechjet 400A when the operating instructions did not authorize the use of the aircraft for commercial purposes.  
  • $173,100 against Eaton Corporation Aerospace operations for allegedly violating drug and alcohol testing regulations.  The FAA alleges that Eatons’ random drug and alcohol testing pool did not include all employees who performed safety-sensitive work.  Also, Eaton did not conduct pre-employment drug tests upon transferring individuals to safety-sensitive positions and did not retest employees who received negative drug test results that indicated the employees had drank large amounts of water prior to the testing.  Additionally, the FAA alleges Eaton did not use DOT testing forms for some individuals and did not ensure the testing laboratory provided all the required summaries. 
  • $420,000 against Avion Research Inc. for allegedly producing and advertising unauthorized items for installation on certified aircraft.  The FAA alleges that Avion manufactured glare shields that did not comply with regulations for modification or replacement on certified aircraft and that the company advertised items on its website that were not authorized for installation on certified aircraft and claimed the items were acceptable for use on certified aircraft.

The FAA has proposed two penalties against Skywest Airlines totaling $1,231,000.

  • $320,000 for allegedly operating an aircraft that was not in compliance with federal aviation regulations.  The FAA alleges that Skywest operated an aircraft on over 6,700 flights when the inspections for certain main landing components were overdue.
  • $911,000 for allegedly operating two aircraft that were not in compliance with federal aviation regulations.  The FAA alleges that Skywest did not inspect the cargo doors on two CL-600 jets at required intervals as required by an Airworthiness Directive (AD) issued in 2006.  The AD was issued following the discovery of cracks in the cargo door skin of a CL-600 during fatigue testing.  Skywest allegedly operated the jets on 15,969 flights when the inspections were overdue.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

 

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