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

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WASHINGTON, DC 

## JAN 2i 

## 2015 In The Matter Of: ) NORTHEASTERN AVIATION CORPORATION ) DocketNo. FAA-2014-0812HEARING DOCKET ) ) Respondent ) Case No. 2012EAII0028 ) ANSWERAND RESPONSE TO COMPLAINT Respondent files its Answer and Response to the Complaint and states as follows: I Respondent avers that it was advised through aFinal Notice and submitted a written demand for a hearing. II I. Admitted. 2. Upon information and beliefadmitted. 3. Upon information and beliefadmitted. 4. Upon information and beliefadmitted. 5. Respondent avers that the manual speaks for itself. All inferences, interpretations and conclusions drawntherefrom and contained in paragraph 5 and any legal determinations are denied. 6. Upon information and beliefadmitted. 7. Upon information and beliefadmitted. 8. Upon information and beliefadmitted. 9. Upon information and beliefadmitted. I0. Upon information and beliefadmitted.11. Respondent avers thatthe requirements speak for themselves. All inferences, interpretations and conclusions drawn therefrom and contained inparagraph 11 and any legal determinations are denied. 12. Upon information and beliefadmitted. 13. Respondent avers thatthe requirements speakfor 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 subjectto 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 priorto each flight. At no time was the aircraft in anunairworthy state or unsafe condition. (ii) Respondent denies thatthe 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 pursuantto the SBREFA. (v) Respondentreserves the right to pleadthatthe matter shouldbe dismissed based

on waiver, mistake, laches, statute oflimitations and staleness ifdiscovery provides such evidence and basis.

2(vi) Respondent states that any alleged violations and penaltyhave 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 alternativelythat ithas 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:

3CERTIFICATE OF SERVICE Ihereby certify that on**this~day** ofJanuary, 2015, copies ofthe foregoing Answer and Response to Complaint was sent by e-mail and Federal Express as follows: Original & One Copy- By Federal Express Federa1 AviationAdministration 600 Independence Avenue, S.W. Wilbur WrightBuilding- Suite 2Wl000 Washington, DC 20591 Attn: HearingDocket Clerk, AGC-430

One Copy - By Mail Mr. Zachary M. Berman Complainant's Counsel Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1AviationPlaza Jamaica, NY 11434 Tel: 718-553-3273 Fax: 718-995-5699 Judge J.E. Sullivan US. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 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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