U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

MOUNTAIN AIR CARGO, INC. 

FAADOCKETNO. 2014-0111 

(Civil Penalty Action) 

CASE NO. 2013E680043 

Hon. J.E. Sullivan 

Administrative Law Judge 

RECEIVED 

JUL 2 9 2014 

HEARING DOCKET 

ANSWER OF MOUNTAIN AIR CARGO, INC. 

Respondent, Mountain Air Cargo (hereinafter "Mountain Air Cargo"), by counsel, 

hereby Answers the Complaint of the United States Department of Transportation, 

Federal Aviation Administration (hereinafter "FAA"), in like-numbered paragraphs, 

pursuant to Rule 209 of the Rules of Practice, 14 C.F.R. §13.209, and asserts its 

affirmative defenses as follows: 

I. 

Mountain Air Cargo admits the allegations contained in paragraph I of the FAA's 

Complaint. 

II. 

1. Mountain Air Cargo admits the allegations contained in paragraph ILl of 

the FAA's Complaint. 

2. Mountain Air Cargo admits the allegations contained in paragraph Il.2 of 

the FAA's Complaint. 
3. Mountain Air Cargo admits the allegations contained in paragraph II.3 of 

the FAA's Complaint. 

4. Mountain Air Cargo admits the allegations contained in paragraph II.4 of 

the FAA's Complaint. 

5. Mountain Air Cargo admits the allegations contained in paragraph II.5 of 

the FAA's Complaint. 

6. Mountain Air Cargo admits the allegations contained in paragraph II.6 of 

the FAA's Complaint. 

7. Mountain Air Cargo admits the allegations contained in paragraph II. 7 of 

the FAA's Complaint. 

8. Mountain Air Cargo admits the allegations contained in paragraph II.8 of 

the FAA's Complaint. 

9. Mountain Air Cargo admits the allegations contained in paragraph II.9. of 

the FAA's Complaint. 

l 0. Mountain Air Cargo denies the allegations contained in paragraph ILl 0 of 

the FAA's Complaint, and demands strict proof thereof. 

11. Mountain Air Cargo denies the allegations contained in paragraph II.ll of 

the FAA's Complaint, and demands strict proof thereof. 

12. Mountain Air Cargo denies the allegations contained in paragraph II.12 of 

the FAA's Complaint, and demands strict proof thereof. 

13. Mountain Air Cargo denies the allegations contained in paragraph II.13 of 

the FAA's Complaint, and demands strict proof thereof. 

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14. Mountain Air Cargo denies the allegations contained in paragraph II.l4 

and all its subparts of the FAA's Complaint, and demands strict proof thereof. 

15. Mountain Air Cargo denies the allegations contained in paragraph II.l5 of 

the FAA's Complaint, and demands strict proof thereof. 

16. Mountain Air Cargo denies the allegations contained in paragraph II.l6 of 

the FAA's Complaint, and demands strict proof thereof. 

1 7. Mountain Air Cargo denies the allegations contained in paragraph ILl 7 of 

the FAA's Complaint, and demands strict proof thereof. 

III. 

a. Mountain Air Cargo denies any and all alleged violations of Section 

119.5(1) of the Federal Aviation Regulations, and demands strict proof thereof. 

b. Mountain Air Cargo denies any and all alleged violations of Section 

121.367 (a) of the Federal Aviation Regulations, and demands strict proof thereof. 

c. Mountain Air Cargo denies any and all alleged violations of Section 

121.367(b) of the Federal Aviation Regulations, and demands strict proof thereof. 

d. Mountain Air Cargo denies any and all alleged violations of Section 

121.3 73( a) of the Federal Aviation Regulations, and demands strict proof thereof. 

IV. 

1. Mountain Air Cargo denies any and all alleged liability for a civil penalty 

pursuant to 49 U.S.C. §46301 (a)(5), and it demands strict proof thereof. Mountain Air 

Cargo admits it qualifies as a "small business concern" pursuant to 49 U.S.C. 

§4630l(a)(5). 

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2. Mountain Air Cargo denies and contests any and all liability for, and the 

propriety of, the proposed civil penalty, and it demands strict proof thereof. 

GENERAL DENIAL 

Any and all allegations in the Complaint not specifically and unequivocally 

admitted herein are denied, and strict proof thereof is demanded. 

AFFIRMATIVE DEFENSES 

I. 

Mountain Air Cargo promptly undertook a review of the specified allegations and 

took all appropriate and necessary corrective action with respect to any alleged statutory 

or regulatory violations in complete accordance with established and approved policies, 

procedures, and guidelines. 

II. 

The FAA seeks to impose a penalty which is unduly harsh, unjust, and 

unsupported by the facts surrounding the allegations at issue herein. 

WHEREFORE, Mountain Air Cargo, Inc., by counsel, respectfully requests the 

Administrative Law Judge enter an Order dismissing the Complaint and entering 

judgment in favor of Mountain Air Cargo, Inc. 

Dated: July 24,2014 

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Respectfully submitted, 

MCKENNA LONG & ALDRIDGE, LLP 

By: ~AfY1 ark ~J/ ombroff uJM 1 ~{l'v 1676 International Drive 

Penthouse 

McLean, Virginia 22102 

Tel. (703) 336-8700 

Fax (703) 336-8750 

Counsel for Respondent 

Mountain Air Cargo, Inc. 

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REVISED CERTIFICATE OF SERVICE 

I hereby certify that on this Q{l[_ ~ day of July 2014 copies of the foregoing Answer 

of Mountain Air Cargo were placed in the United States Mail, first class postage prepaid, 

addressed as follows: 

Zachary Berman 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, New York 11434 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

Washington, DC 20591 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

W"'hiogOOo, DC 20590 ~ t _JJ}c__ 

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