### ,, 

# i UNITED STATES OF 

## AMERICAJiEM:;I G U.S. DEPARTMENT OF TRANSPORTATION •n "·· 

## FEDERAL AVIATION ADMINISTRATION
IN THE MATTER ) ) ) ) ) ) ) DOCKET NO.: FAA-2015-0643 OF MACH 1AIR CHARTERS, INC. ASSIGNED TO DOUGLAS M. REWALD, ALJ FIRSTAMENDED ANSWER TO COMPLAINT BY RESPONDENT 

## ______________________)

COMES NOWthe RespondentMACH 1AIRCHARTERS, INC., individually, in answerto the complaint ofthe Administrator on file herein, for itselfalone, and pursuantto 14 CFR §§13.16 AND 13.201 etseq. ofthe Rules of Practice, denies and alleges as follows: ALLEGATION I. This answering Respondent admits the allegations contained in Allegation ofthe complaint on file herein.ALLEGATION II. I. This answering Respondent admits the allegations contained in paragraph I, 2, 3 and 10 ofthe complaint on file herein.
2. With respect to paragraph 

### 9 Respondent admits that it operated an aircrafton May 12, 2014 butdeniesthewording "aftertheevents referenced above" and by its admission does not admit the substance of the other allegations Pa e 1 FIRSTAMENDEDANSWER TO COMPLAINTincorporated in the wording by the Administrator and therefore specifically denies any facts incorporated by the wording setforth_
3. This answering Respondent denies the allegations of paragraphs 4, 5, 6, 7, 8, 12 and 13, both generally and specifically, whether the allegation be express or implied. 4_ This answering Respondentalleges thatthe allegations contained in paragraph 11 are ambiguous, incomplete confusing and therefore has insufficient information to either admit or deny the allegation_ On that basis, this answering Respondent must therefor deny the allegations, both generally and specifically, whetherthe allegation be express or implied_
ALLEGATION Ill. 1_ This answering Respondent denies the allegations contained in paragraph I, 2, and 3ofAllegation IlL ofthe complainton file herein, both generally and specifically, whether the allegation be express or implied, and further denies thatthis answering Respondent violated any Federal Aviation Regulation(s). FIRST AFFIRMATIVE DEFENSE This answering Respondent is informed and believes and thereon alleges thatthe complaint, and that each purported cause ofaction stated therein, fails to state facts sufficient to constitute a cause of action against this answering Respondent

Pa e 2 FIRSTAMENDED ANSWER TO COMPLAINTSECOND AFFIRMATIVE DEFENSE This answering Respondent is informed and believes and thereon alleges that safety in air commerce and the public interest do not requirethe imposition of a civil penalty against this certificate holder.
THIRD AFFIRMATIVE DEFENSE This answering Respondent is informed and believes and thereon alleges thatthe pleading is uncertain, ambiguous and unintelligible.
FOURTH AFFIRMATIVE DEFENSE This answering Respondent is informed and believes and thereon alleges that the appropriate Federal Aviation Regulations authorize the actions of the Respondent as setforth herein.
FIFTH AFFIRMATIVE DEFENSE This answering Respondent is informed and believes and thereon alleges that there were no airworthy issues involving the aircraft and that the aircraft was operated in an airworthy condition at all time. WHEREFORE, Respondent prays that the Administrator take nothing by its complaint, thatthe same bedismissed, that Respondent be awarded his attorney'sfees and costs and for such other relief as the Administrative Law Judge of the Office of Hearings deems proper.
Pa e 3 FIRSTAMENDED ANSWER TO COMPLAINTDATED: September28, 2016 STEVEN L. GRAFF, INC. A Professional Law Corporation



# by~~1-Jl STEVEN L. GRAFF v 

## \j 

# J 43399

**Cal]g~!ardo** Temecula, CA'-92092 (951) 303-6400 tel aviationcounsel@aol.com Attorney for Respondent

Pa e 4 FIRST AMENDED ANSWER TO COMPLAINTCERTIFICATE OF SERVICE I hereby certify that I have this day, placed in the United States mail, postage prepaid, the original and copy ofthe FIRSTAMENDED ANSWERTO COMPLAINT addressed to: FEDERALAVIATION ADMINISTRATION The Hearing Docket, AGC-430 WilberWright Building - Room 2W1000 800 IndependenceAvenue, S.W. Washington, D.C. 20591 Ifurther certify that I have this day, placed in the United States mail, postage prepaid, a copy ofthe FIRSTAMENDED ANSWERTO COMPLAINT addressed to: GLENN H. BROWN, ESQ. Office ofthe Regional Counsel FEDERALAVIATION ADMINISTRATION 222 W. 7TH Avenue #14 Anchorage, Alaska 99513-7586

Pa e 5 FIRSTAMENDED ANSWER TO COMPLAINTSeptember 28, 2016 43399 Calle De Velardo Temecula, CA 92592 (951) 303-6400 tel.
- (951) 303-0723 fax Aviationcounsel@aol.com
FEDERALAVIATION ADMINISTRATION The Hearing Docket, AGC-430 WilberWright Building - Room 2W1000 800 IndependenceAvenue, S.W. Washington, D.C. 20591 Re: FAA adv. MACH ONEAIR CHARTERS, INC. FDMS NO.: FAA-2015-0643 

# TRANSMITTAL COVER SHEET

The enclosed documents are foryour file and/or appropriate action.