August 2, 1998 Bill Bainbridge Saga Continues

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by	Liz Swaine

About the Author ... Liz Swaine is a member of the AVweb news writing team. A private instrument-rated pilot, she owns and flies a 1966 Mooney M-20E affectionately known as "Mike" and a Russian Yak-52 affectionately known as "Yak-52." Liz's love for aviation began some years ago when, as a reporter at a TV station in Pensacola, Fla., she was assigned the Blue Angels beat. From there, she moved to Shreveport, La. and, as news anchor at the ABC affiliate, traveled the world covering the happenings at Barksdale Air Force Base. She has traveled to Russia to cover the fall of communism, to Saudi Arabia to report on the build up to Desert Storm, and to Israel to look at the Arab-Israeli peace process up close. Her latest position — as executive assistant to the dynamic mayor of Shreveport — is showing her what the political world looks like from the inside, and she reports the sausage analogy is right on ... you may enjoy what it tastes like, but you probably don't want to see it being made. The fast pace of her life extends to her play ... she is a former triathlete and currently into high intensity weight training. Liz recently married airshow pilot and airplane builder Steve Culp, who likes airplanes as much as she does and can fix 'em, too. Their dark, hairy daughter named "Mollie" looks suspiciously like a dog.

NOTE: AVweb contains a RealAudio clip of the Bainbridge/Garvey exchange at EAA's "Meet The Boss" session.

One of the most emotional moments in the "Meet the Chief" session came from B & C Specialty Products, Inc., President Bill Bainbridge. Bainbridge was trembling visibly as he asked FAA Administrator Jane Garvey why an agency that claims to work "with" the aviation community has been so active in working him over, putting him through months of hell. Bainbridge is one of the acknowledged "good guys" in the world of aviation product development. In 1997, he was slapped with a $2,000 civil penalty for selling a non-type certified alternator and regulator to the owner of a Piper Super Cub.

Bainbridge sells alternators and regulators to the likes of Burt Rutan and many of the nation's top airshow performers. Some of his products like his 60-watt alternator, have STC's allowing them to be installed on certificated aircraft. His 40-watt alternator, the reason for his FAA fine, is not. Even so, by his reckoning, more than 100 owners have been granted field approvals for the installation of non-certified B & C equipment in their type-certified planes.

Many of the Form 337 approvals came from the Anchorage, Alaska, Flight Standards District Office. When airplane owner Chris LeMay asked FAA Inspector Walter Zackowitz for the same field approval for his Piper Super Cub, Zackowitz refused, telling him he would have to get a one-time STC, instead. After a six-month fight, a second inspector in the same FSDO field approved LeMay's new alternator. At some point during all the back and forth, someone filed a report with the FAA in Washington accusing Bainbridge of selling "suspected unapproved parts." Thus began Bainbridge's descent into the darker side of the FAA. AVweb covered this fiasco in our article and editorial, "Are the STC and Field Approval Processes Broken?"

Unpardonable Sin

Apparently, in the eyes of some of the FAA's bureaucrats, Bainbridge committed an unpardonable sin when he began to fight back. "It's inexcusable what has happened to me," Bainbridge told AVweb. "Gestapo tactics!" yelled a supporter, one of many, standing nearby. Bainbridge feels the FAA had unfairly tarnished his reputation and he began a one-man campaign to have the fine overturned. Thus began Bainbridge's so-called Hoover-ization. Bainbidge tells a chilling tale of harassment, browbeating, and threats that did not let up until the FAA finally agreed to drop the charge against him. What that did NOT do was restore the good name Bainbridge believes the FAA action has cost him.

He has been demanding several things of the FAA: an oft-promised letter stating the charge against him has been dropped, a letter of official apology, information relating to how the field approval process has now been changed, and a letter to the Anchorage FSDO instructing them to field approve the 40-watt alternator. As of Sunday, he had gotten none of the above, despite assurances time and again that the letter dropping the charge, at least, would be forthcoming. The latest of those assurances having been made at Sun 'n Fun back in April.

Enter Garvey At AirVenture 1998

Enter the "Meet the Boss" session at this year's EAA AirVenture Oshkosh. After making his plea for a fair conclusion, yet again, Bainbridge finally got "part" of what he had been asking for, but not before Garvey had to personally intervene. After Bainbridge's initial emotional question, Garvey conferred with Deputy Chief Counsel James Whitlow.

"James, I thought he got the letter." "No," replied Whitlow, "he's not gotten the letter."

Garvey then asked Bainbridge to remain after the public session so that she and Whitlow could talk to him, but several angry members of the audience stood up and hollered, "we want to hear this publically, please! This is a big issue!"

"Okay," said Garvey, "there is a letter that we thought…that I thought had been delivered…"

"It had to go to your attorney," Whitlow interjected, speaking to Bainbridge. "We found out last week that you had not gotten the letter, so we brought a copy down. We have a copy of the letter for you. But it [the enforcement action against Bainbridge] was withdrawn. One of the problems that I had was that I had to deal with your counsel on this, which is why I sent the letter withdrawing it to him. Let me talk to you afterwards. I think the reasons why it was withdrawn are in the letter, but we have a copy for you here, it was sent to you attorney. The action has been withdrawn."

"I do not have counsel, sir!" cried Bainbridge.

"Let me talk to you afterwards," said Whitlow, "because you still have a counsel-of-record. I'll give you a copy of the letter after this discussion."

"A year ago, you put me off until after the meeting," Bainbridge complained bitterly, "and you're doing the same thing again this year. I want the letter saying the charges were dropped, and I want a letter of apology. Mrs. Garvey, I would like you to instruct James Whitlow to do this at this time. Will you do it? Yes or no?"

"You'll receive the letter today," replied Garvey.

"And the letter of apology?" asked Bainbridge.

"That I have not had a chance to talk to James about," said Garvey.

"Let's talk after this," said Whitlow.

"I don't want after this," said an agitated Bainbridge. "Neither does anybody else in this audience. We're tired of that." More applause.

Wanting witnesses, and fearing he would be given the run-around yet again, Bainbridge invited AVweb to come with him into the Garvey/Whitlow session. There he got a portion of what he's been waiting for...a letter officially withdrawing the civil penalty. Garvey also apologized, though not publicly, for all that had happened. "The abuse I've taken from the local FSDO is unconscionable," he told her. He repeated his request for a public apology to clear his name, and more information on changes made in the field approval process.

Not Over By A Long Shot

Is the story over? Not by a long shot. The letter which Bainbridge had been awaiting for months not only does not contain any apology, but actually threatens him, warning him that he may be the subject of yet "another" FAA inquiry. Upon exiting the building, a distraught Brainbridge sought out EAA prez Tom Poberezny and showed the letter and the offending next-to-last paragraph to him.

Poberezny, upset, immediately sought out Garvey as she exited the FAA building and together he, Bainbridge and Garvey discussed the situation. Ms. Garvey was obviously not pleased with how the situation had turned out. Only time will tell whether she is able to effect a real solution to the problem, assuming she cares to. Meanwhile, one wag noted that perhaps it was all for the good, that she might now have some idea of what it's like to have the FAA pull a dirty trick on you behind your back.

NOTE: AVweb contains a RealAudio clip of the Bainbridge/Garvey exchange at EAA's "Meet The Boss" session.