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 LawJudge 

# RECEIVED JUL 29 2014 HEARING DOCKET

ANSWER OF MOUNTAIN AIR CARGO, INC. Respondent, Mountain Air Cargo (hereinafter "MountainAir Cargo"), by counsel, hereby Answers the Complaint ofthe United States Department ofTransportation, Federal Aviation Administration (hereinafter "FAA"), in like-numbered paragraphs, pursuantto Rule 209 ofthe Rules ofPractice, 14 C.F.R. §13.209, and asserts its affirmative defenses as follows: 

### I. Mountain Air Cargo admits the allegations contained in paragraph I ofthe 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 inparagraphIl.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 inparagraph II.9. of the FAA's Complaint. l0. Mountain Air Cargo denies the allegations contained in paragraph ILl0 of the FAA's Complaint, and demands strict proofthereof. 11. Mountain Air Cargo denies the allegations contained in paragraph II.ll of the FAA's Complaint, and demands strict proofthereof. 12. Mountain Air Cargo denies the allegations contained inparagraph II.12 of the FAA's Complaint, and demands strict proofthereof. 13. Mountain Air Cargo denies the allegations contained in paragraph II.13 of the FAA's Complaint, and demands strict proofthereof.

214. Mountain Air Cargo denies the allegations contained in paragraph II.l4 and all its subparts ofthe FAA's Complaint, and demands strict proofthereof. 15. Mountain Air Cargo denies the allegations contained in paragraph II.l5 of the FAA's Complaint, and demands strictproofthereof. 16. Mountain Air Cargo denies the allegations contained in paragraph II.l6 of the FAA's Complaint, and demands strictproofthereof. 

### 1

7. Mountain Air Cargo denies the allegations contained in paragraph 

### ILl7 of the FAA's Complaint, and demands strictproofthereof. III.
a. Mountain Air Cargo denies any and all alleged violations ofSection 119.5(1) ofthe Federal Aviation Regulations, and demands strictproofthereof. b. Mountain Air Cargo denies any and all alleged violations ofSection 121.367(a) ofthe Federal Aviation Regulations, and demands strictproofthereof.
c. Mountain Air Cargo denies any and all alleged violations ofSection 121.367(b) ofthe Federal Aviation Regulations, and demands strictproofthereof. d. Mountain Air Cargo denies any and all alleged violations ofSection 121.373(a) ofthe Federal Aviation Regulations, and demands strictproofthereof. 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 strictproofthereof. Mountain Air Cargo admits it qualifies as a "small business concern" pursuantto 49 U.S.C. §4630l(a)(5).

32. Mountain Air Cargo denies and contests any and all liability for, and the propriety of, the proposed civil penalty, and it demands strict proofthereof.

GENERAL DENIAL Any and all allegations in the Complaint not specifically and unequivocally admitted herein are denied, and strict proofthereofis demanded.

AFFIRMATIVE DEFENSES I. Mountain Air Cargo promptly undertook a review ofthe specified allegations and took all appropriate and necessary corrective action withrespect to any alleged statutory
or regulatory violations in complete accordance with established and approved policies, procedures, and guidelines. II. The FAA seeks to impose apenalty 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 ofMountain Air Cargo, Inc.

Dated: July 24,2014

4Respectfully submitted, MCKENNA LONG & ALDRIDGE, 

### LLP By:

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# ~{l'v ark ombroff 1676 International Drive Penthouse McLean, Virginia 22102 Tel. (703) 336-8700 Fax (703) 336-8750 Counsel for Respondent Mountain Air Cargo, Inc.



### 5REVISED CERTIFICATE OF SERVICE

### ~ I hereby certify that on this 

## Q{l[_day ofJuly 2014 copies ofthe foregoing Answer ofMountainAir Cargo were placed in the United States Mail, first class postage prepaid, addressed as follows: Zachary Berman Federal Aviation Administration Office ofRegional 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 ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) W"'hiogOOo, DC 20590

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