# SILVERBERG 

# GOLDMAN& 

# BIKOFF, L.L.P. ATTORNEYS AT LAW VL4FEDEX GEORGETOWN PLACE • Smn 120 • HOI 30TH STREET,NW • WAsHINGTON, D.C. ?0007 VOICE (202) 944-3300 • fACSIMJLE(202) 944-3306 July 18, 2013 

# RECEIVED
Federal Aviation Administration 600 Independence Avenne, S.W. Wilbnr Wright Building 

## JUL 1 9 2013 HEARING DOCKET Suite 2WIOOO Washington, D.C. 20591 (Attention: Hearing Docket Clerk, AGC-430) Re:

Dear Sir orMadam: In the Matter ofAirborne Maintenance and Engineering Services FAA Docket: [Not YetAssigned] FAA Case No.: 2011 S0290032 FDMS No.: FAA-20 13-0291

Enclosed for filing in the above-referenced case please find an original and one copy of the Answer ofAirborne Maintenance and Engineering Services. Also enclosed is an additional copy of the Answer and a pre-addressed, postage paid envelope. Please date-stamp the additional copy and return it to our office in the enclosed envelope. Thank you for your assistance. Please call me at the telephone number listed above if you have any questions regarding this matter.

Enclosures Very truly yours, SILVERBERG, GOLDMAN & BIKOFF, LLP Attorneys for AIRBORNE MAINTENANCE AND ENGINEERING SERVICES

cc: Christopher R. Stevenson, Esq. (w/enclosure)In the matter of 

### BEFORE THE U.S. 

### DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# rlt:Ct:IVED JUL 1 9 2013 

## HEARING DOCKET
FAA DocketNo. [Notyet assigned] Case No. 2011S0290032 AIRBORNE MAINTENANCE AND ENGINEERING SERVICES FDMS No. FAA-2013-0291



### ANSWER Administrative Law Judge J.E. Sullivan

Pursuant to Rule 209 ofthe Rules ofPractice (14 C.F.R. § 13.209), RespondentAirborne Maintenance and Engineering Services, Inc. ("AMES") hereby answers the Complaint filed against itby the Federal Aviation Administration ("FAA") inthe above-captionedmatter as follows: I. 1. AMES admits that it was advised through a Final Notice ofProposed Civil Penalty, dated May 29,2013, that the FAA proposed to assess a civil penalty against it inthe amount of$61,875. AMES further admits that onJune 13, 2013 it filed a writtenrequest for a hearing and served a copy ofthe request for a hearing onthe Agency Attorney inthis matter. II. 2. AMES admits the allegations ofparagraph 2 ofsection II ofthe Complaint. 3. 

### a. AMES denies that civil aircraftN287SC, a Boeing B-727, is currently used in Capital Cargo International Airlines' ("CCIA") Part 121 operations since the carrier has ceased operations. AMES admits, however, thatthe aircraft had been used inthe pastby CCIA for its Part 121 operations.

1

### b. AMES denies that civil aircraftN898AA, a Boeing B-727, is currently used in CCIA's Part 121 operations since the carrier has ceased operations. AMES admits, however, that the aircraft had beenused in the pastby CCIA for its Part 121 operations.
c. AMES denies that civil aircraft N899AA, a Boeing B-727, is currently used in CCIA's Part 121 operations since the carrier has ceased operations. AMES admits, however, that the aircraft had beenused in the past by CCIA for its Part 121 operations. 4. a. AMES admits that on or about March 2010 it replaced both Main Landing Gear (MLG) onN287SC, including reinstalling and rigging the landing gear doors, and released the aircraft but notes that the landing gear doors that were reinstalled where those that were installed onthe aircraft immediatelypriorto the replacement ofthe MLG. b. AMES admits that onor about August 2009 itreplacedboth MLG on N899AA, including reinstalling and rigging the landing gear doors, and released the aircraft but notes that the landing gear doors that were reinstalled where those that were installed on the aircraft immediately prior to the replacement ofthe MLG.
c. AMES admits that on or about October 2009 itreplaced bothMLG on N898AA, including reinstalling and rigging the landing gear doors, and released the aircraft but notes that the landing gear doors that were reinstalled where those that were installed on the aircraft immediately prior to the replacement ofthe MLG. d. AMES denies the allegations ofparagraph4.d. ofsection II ofthe Complaint.
e. AMES denies the allegations ofparagraph4.e. ofsection II ofthe Complaint.

25. AMES admits that CCIA had a Continuous Airworthiness Maintenance Program (CAMP) that requiredthe B-727 Aircraft Maintenance Manual (AMM) be followed in perfonningmaintenance onthe CCIA B-727 aircraft, but denies that CCIA has a CAMP that is still in effect. III. 6. a. AMES denies that it violated section43 .13(a) ofthe Federal Aviation Regulations (FARs). b. AMES denies that it violated section 43 .13(b) ofthe FARs.
c. AMES denies that it violated section 145.205(a) ofthe FARs. 7. AMES admits thatthe statute cited inparagraph 7 ofsection III ofthe Complaint authorizes the assessment ofcivil penalties, but notes that the maximum civil penalty amount under section 46301(a) is now $27,500. AMES, however, denies that it is subject to any civil penalties. 8. AMES denies the allegations ofparagraph 8 ofsection III ofthe Complaint. 

### AFFIRMATIVE DEFENSES The FAA failed to state a claim for which reliefmaybe granted. 

### RELIEF REQUESTED AMES respectfullyrequests thatthe Complaintbe dismissed with prejudice. 

### PLACE OF HEARING Pursuantto Rule 221(b) ofthe Rules ofPractice (14 C.F.R. § 13.221(b)), AMES requests thatthe hearing inthis matterbe held in Washington, DC. AMES counsel is located in Washington, DC. In addition, neither AMES nor any ofthe potential witnesses inthis case are located in Orlando, FL, where the Agency Attorneyhas requestedthe hearing be held.

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### Moreover, there are extensive scheduled air transportation operations between Washington, DC,
on the one hand and Cincinnati, OH and Dayton, OH, on the other, both ofwhich are near AMES' facility in Wilmington, OH. Furtherthere is regular and frequent scheduled air transportation service betweenAtlanta, GA, where the Agency Attorney is located, and Washington, DC. Thus, AMES submits thatthe factors described in Rule 221(b) (i.e., the convenience ofthe parties, the location where the majority ofthe witnesses reside orwork, and whether the locationis served by a scheduled air carrier) strongly support holding the hearing in 

### Washington, DC.

Dated: July 18, 2013 Respectfully submitted, SILVERBERG, GOLDMAN & 

### BIKOFF, L.L.P. Attorneys for AIRBORNE MAINTENANCE AND ENGINEERING SERVICES By:**---f-J_f&_g_t;-;,~~~~1:4** 

### Robert P. Silverberg, E 1101 301 h 

### Street, N.W. Suite 120

4 

### Washington, D.C. 20007 Tel: (202) 944-3304 Fax: (202) 944-3306 Email: rsilverberg@sgbdc.com

### CERTIFICATE OF SERVICE I hereby certify that on this 18'11 

### day ofJuly 2013, I caused a true copy ofthe foregoing Answer ofAirborne Maintenance and Engineering Services, Inc. to be served: by FedEx overnight delivery (original and one copy) addressed to: Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building Suite 2W1000 Washington, D.C. 20591 (Attention: Hearing Docket Clerk, AGC-430) and by telecopier and First Class mail addressed to: The Hon. J.E. Sullivan, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Fax: (202) 366-7536 Christopher R. Stevenson, Attorney Office ofthe Regional Counsel, AS0-7 Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 Fax: (404) 305-5223