u.s.DEPARTMENTOFTRANSPORTATION RECEmvw::c~,,.· OFFICE OF HEARINGS I 11..... I 

WASHINGTON, DC 

JAN 2 i 2015 

In The Matter Of: ) 

NORTHEASTERN AVIATION 

CORPORATION 

) DocketNo. FAA-2014-0812HEARING DOCKET 

) 

) 

Respondent 

) Case No. 2012EAII0028 

) 

ANSWER AND RESPONSE TO COMPLAINT 

Respondent files its Answer and Response to the Complaint and states as follows: 

I 

Respondent avers that it was advised through a Final Notice and submitted a written 

demand for a hearing. 

II 

I. Admitted. 

2. Upon information and belief admitted. 

3. Upon information and belief admitted. 

4. Upon information and belief admitted. 

5. Respondent avers that the manual speaks for itself. All inferences, interpretations 

and conclusions drawn therefrom and contained in paragraph 5 and any legal determinations are 

denied. 

6. Upon information and belief admitted. 

7. Upon information and belief admitted. 

8. Upon information and belief admitted. 

9. Upon information and belief admitted. 

I 0. Upon information and belief admitted. 
11. Respondent avers that the requirements speak for themselves. All inferences, 

interpretations and conclusions drawn therefrom and contained in paragraph 11 and any legal 

determinations are denied. 

12. Upon information and belief admitted. 

13. Respondent avers that the requirements speak for themselves. All inferences, 

interpretations and conclusions drawn therefrom and contained in paragraph 13 and any legal 

determinations are denied. 

Respondent further denies the alleged violations recited in the Complaint referencing 

paragraphs (a) Section 135.443(a)(l); (b) Section 135.443 (b); (c) Section 119.5(g); and (d) 

Section 135.2l(a). 

IV 

1. Respondent denies that it is subject to a civil penalty. 

2. Respondent denies that the civil penalty requested is appropriate. 

As further Answer and Defenses to the allegations, Respondent states as follows: 

(i) Respondent states that all work orders for each flight and aircraft were signed off 

prior to each flight. At no time was the aircraft in an unairworthy state or unsafe condition. 

(ii) Respondent denies that the cited code sections were violated. 

(iii) Respondent took any necessary corrective action. 

(iv) Respondent states alternatively that any penalty should be waived and/or reduced 

pursuant to the SBREF A. 

( v) Respondent reserves the right to plead that the matter should be dismissed based 

on waiver, mistake, laches, statute of limitations and staleness if discovery provides such 

evidence and basis. 

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(vi) Respondent states that any alleged violations and penalty have been mitigated and 

should be limited, reduced or eliminated. 

(vii) Respondent states that the maintenance record functions and acts as an 

airworthiness release and therefore there are no violations. 

(viii) Respondent states alternatively that it has taken corrective action and mitigated 

any alleged violations, or corrected any perceived ambiguous manual language and a civil 

penalty is not appropriate. 

(ix) Respondent denies all allegations not otherwise admitted and denies liability. 

(x) Respondent reserves the right to file additional defenses. 

Respectfully submitted, 

By: 

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CERTIFICATE OF SERVICE 

I hereby certify that on this~day of January, 2015, copies of the foregoing Answer 

and Response to Complaint was sent by e-mail and Federal Express as follows: 

Original & One Copy- By Federal Express 

F edera1 Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2Wl 000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

One Copy - By Mail 

Mr. Zachary M. Berman 

Complainant's Counsel 

Office of Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Tel: 718-553-3273 

Fax: 718-995-5699 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE (Ell-310) 

Washington, DC 20590 

Tel: 202-366-6941 

Fax: 202-366-7537 

Edward J. Longosz, II 

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