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 theChief” session came from B & C Specialty Products, Inc., President BillBainbridge. Bainbridge was trembling visibly as he asked FAA Administrator Jane Garvey whyan agency that claims to work “with” the aviation community has been so activein working him over, putting him through months of hell. Bainbridge is one of theacknowledged “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 andregulator to the owner of a Piper Super Cub.
Bainbridge sells alternators and regulators to the likes of BurtRutan and many of the nation’s top airshow performers. Some of his products like his60-watt alternator, have STC’s allowing them to be installed on certificated aircraft. His40-watt alternator, the reason for his FAA fine, is not. Even so, by his reckoning, morethan 100 owners have been granted field approvals for the installation of non-certifiedB & C equipment in their type-certified planes.
Many of the Form 337approvals came from the Anchorage, Alaska, Flight Standards District Office. When airplaneowner Chris LeMay asked FAA Inspector Walter Zackowitz for the same field approval for hisPiper 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 approvedLeMay’s new alternator. At some point during all the back and forth, someone filed areport with the FAA in Washington accusing Bainbridge of selling “suspectedunapproved parts.” Thus began Bainbridge’s descent into the darker side of the FAA. AVwebcovered this fiasco in our article and editorial, “Arethe STC and Field Approval Processes Broken?”
Unpardonable Sin
Apparently,in the eyes of some of the FAA’s bureaucrats, Bainbridge committed an unpardonable sinwhen he began to fight back. “It’s inexcusable what has happened to me,”
He has been demanding several things of the FAA: an oft-promised letter stating thecharge against him has been dropped, a letter of official apology, information relating tohow the field approval process has now been changed, and a letter to the Anchorage FSDOinstructing them to field approve the 40-watt alternator. As of Sunday, he had gotten noneof the above, despite assurances time and again that the letter dropping the charge, atleast, would be forthcoming. The latest of those assurances having been made at Sun ‘n Funback in April.
Enter Garvey At AirVenture 1998
Enter the “Meet the Boss” session at this year’s EAAAirVenture Oshkosh. After making his plea for a fair conclusion, yet again, Bainbridgefinally got “part” of what he had been asking for, but not before Garvey had topersonally intervene. After Bainbridge’s initial emotional question, Garvey conferred withDeputy 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 Whitlowcould 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 Ithought had been delivered…”
“It had to go to your attorney,” Whitlow interjected, speaking toBainbridge. “We found out last week that you had not gotten the letter, so we broughta copy down. We have a copy of the letter for you. But it [the enforcement action againstBainbridge] was withdrawn. One of the problems that I had was that I had to deal with yourcounsel on this, which is why I sent the letter withdrawing it to him. Let me talk to youafterwards. I think the reasons why it was withdrawn are in the letter, but we have a copyfor 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 acounsel-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 complainedbitterly, “and you’re doing the same thing again this year. I want the letter sayingthe charges were dropped, and I want a letter of apology. Mrs. Garvey, I would like you toinstruct James Whitlow to do this at this time. Will you do it? Yes or no?”
“You’llreceive 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 doesanybody else in this audience. We’re tired of that.” More applause.
Wanting witnesses, and fearing he would be given the run-around yet again, Bainbridgeinvited AVweb to come with him into the Garvey/Whitlow session. There he got aportion 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 abuseI’ve taken from the local FSDO is unconscionable,” he told her. He repeated hisrequest for a public apology to clear his name, and more information on changes made inthe field approval process.
Not Over By A Long Shot
Is the story over? Not by along shot. The letter which Bainbridge had been awaiting for months not only does notcontain any apology, but actually threatens him, warning him that he may be the subject ofyet “another” FAA inquiry. Upon exiting the building, a distraught Brainbridgesought out EAA prez Tom Poberezny and showed the letter and the offending next-to-lastparagraph to him.
Poberezny, upset, immediately sought out Garvey as she exited the FAA building andtogether he, Bainbridge and Garvey discussed the situation. Ms. Garvey was obviously notpleased with how the situation had turned out. Only time will tell whether she is able toeffect a real solution to the problem, assuming she cares to. Meanwhile, one wag notedthat perhaps it was all for the good, that she might now have some idea of what it’s liketo have the FAA pull a dirty trick on you behind your back.
