FAA proposes
WASHINGTON, D.C. — The Federal Aviation Administration (FAA) on Friday announced that it is proposing to assess civil penalties ranging from $50,000 to $70,000 against five companies for alleged violation of the Federal Aviation Regulations (FAR) or Department of Transportation Hazardous Materials Regulations.
A $50,000 penalty is being proposed against Spirit Airlines for returning an aircraft to service, and then operating that aircraft on revenue passenger flights when it was not in compliance with FAR. The FAA alleged that Spirit failed to replace a faulty elevator aileron computer (ELAC) after the aircraft experienced an uncommanded pitch down of the nose while operating between Orlando, Florida. and San Juan, Puerto Rico on August 21, 2009.
Although Spirit’s maintenance program required replacement of the ELAC computer, the airline did not do so before flying the A321 on a revenue passenger flight the next day from San Juan to Fort Lauderdale, when the aircraft experienced another uncommanded pitch down.
Friendship Airways Inc., of Fort Lauderdale, Florida, could be facing a $63,525 penalty for operating two Cessna 402 aircraft on 77 commuter flights in violation of its air carrier certificate and operations specifications. The FAA alleged that the two aircraft were not authorized for use for the flights between June 21 and July 21, 2008 because they were not listed on the company’s operating specifications for commuter service.
Another $50,000 penalty is being proposed against Fleet Aviation of White Plains, of New York, an on-demand charter and air taxi company, for operating two of its aircraft on 251 flights between June 15, 2009 and March 19, 2010 when crews had not completed the emergency drills required by its training program.
A $54,000 penalty against Englund Marine Supply Co. of Astoria, Oregon, was also proposed by the FAA for offering a package containing flammable gasses and liquids to UPS for transportation by air from Astoria to Rio Vista, California on March 26. The package was discovered leaking at Portland, Oregon before it was loaded on an aircraft.
The last proposed penalty is of $70,000 against Coty, Inc., of New York, for offering a package containing perfume, a flammable liquid, to FedEx for transportation by air from Upland, California, to Covington, Washington on March 9. FedEx employees at Seattle-Tacoma International Airport discovered the shipment leaking.
In all instances of alleged hazmat violations, the materials offered were not properly described, packaged, marked, labeled and in proper condition for shipment under the hazardous materials regulations.
