UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

IN THE MATTER OF PATHFINDER AVIATION, INC FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012-0028 

# RECEIVED MAY 222012**HEAR~NG** 

# DOCKET

COMPLAINANT'S MOTION TO DEEM CERTAIN FACTS ADMITTED AND FORA DECISION REGARDING THE VIOLATION
The Complainant, pursuantto 

### §§.13.209(e) 1 and 13 .218 ofthe Rules ofPractice inFAA Civil Penalty Actions, 14 C.F.R. Part 13, Subpart G, moves for an order deeming admitted paragraph No.6 in Section II ofthe complaint. Further, pursuant to§ 13.218(f)(Si ofthe Rules ' '
.. :' ,_, _.**~** r . I
. . , _ . : : ofPractice, the**Complainan~** moves for 

## adecision finding that Respondent violated§ 135.415(d) ofthe Federal Aviation Regulations (FAR) as alleged in the complaint. The bases for these motions are (1) that the Respondent did not specifically deny the allegation in paragraphNo.6 that it did not report the failure to the FAA offices in Oklahoma City, Oklahoma, within the

1 Section 13.209(e) provides inpart, "Specific denial of allegations required. A person filing an answer shall admit, deny, or state that the person is withoutsufficient knowledge or information to admit or deny, each numbered paragraph ofthe complaint. Any statement or allegation contained in the complaint that is not specifically denied in the answer may be deemed an admission ofthe truth ofthat allegation." 2 Section 13.218(t)(5)provides in part, Motion/or decision. A party may make a motion for decision, regarding all or any part ofthe proceedings, at any time before the administrative Jawjudge has issued an initial decision in the proceedings. The administrative lawjudge shall grant a party's motion for decision ifthe pleadings, depositions, answers to interrogatories, admissions, matters that the administrative lawsjudge has official1y noticed, or evidence introduced during the hearing show that there is no genuine issue ofmaterial fact and that the party making the motion is entitled to a decision as a matter oflaw.

### 1specified time, and (2) that the facts admitted by Respondent in its answer and the deemed admission to paragraph No. 6 establish the violation alleged inthe complaint.3 Section 135.415(a) ofthe FARrequires each certificate holder to report the occurrence or detection ofeach failure, malfunction, or defect in an aircraft concerning, among other things, aircraft components or systems that result intaking emergency action during flight. Subsection (d) specifically requires each certificate holder to submit each such report covering a 24-hour period to the FAA offices in Oklahoma City, Oklahoma, within 96 hours. In its answer Respondent admits it is a certificate holder that conducts operations under part 135 ofthe FAR, that one ofthe aircraft it is authorized to operate underpart 135 ofthe FAR, that the number 3 segment ofthe tail rotor drive shaft failed at the bonded adapter while the aircraft was run-up with the intention ofrepositioning it, that this failure constituted the failure ofan aircraft component or system thatresulted in the taking ofemergency action during flight. The only fact not specifically admitted is the allegation inparagraphNo. 6 that the required report was not timely submitted. Under the facts and circumstances ofthis case, Respondent's failure to specifically deny the allegation inparagraphNo.6 should be deemed an admission ofit. Whatthe Respondent does say with respect to this allegation is that boththe company's principal operations inspector and the National Transportation Safety Board were notified within an hour, and it cites as mitigation the fact 

### ithad terminated its previous director ofmaintenance and was awaiting the arrival ofhis replacement. This response amounts to a tacit admission that, in fact, the required report was not submitted to the office specified in the regulation.

3 Ifthese motions are granted, the only remaining issue will be the amount ofthe civil penalty. 2Based onthe admissions in its answer and the deemed admission to paragraphNo. 6, there
are no material facts in dispute, and based onthese undisputed facts the Complainant is entitled to a decision finding that Respondent violated§ l35.415(d) as alleged in the complaint as a matter oflaw.
RESPECTFULLY SUBMITTED this 161 h day ofMay 2012. HOWARD L. MARTIN, JR. Regional Counsel

# ~(:2,

# By:~/JL_~--':':'-'1:).,___~"'==---­ Glenn H. Brown Senior Attorney



### 3CERTIFICATE OF SERVICE Re: Pathfinder Aviation, Inc. FAA DocketNo. [To be assigned] FDMS NO. FAA-2012-0028 I hereby certify that onthis date I served a copy ofthe COMPLAINANT'S MOTION TO DEEM CERTAIN FACTS ADMITTED AND FOR A DECISION REGARDING THE VIOLATION byplacing it inthe United States Mail, postage-prepaid, certified mail, return receipt requested, addressed as follows: The Honorable Richard C. Goodwin Office ofHearings, M-20; U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. Washington, DC 20590 Michael W. Fell, President Pathfinder Aviation, Inc., Respondent P.O. Box 375 Homer, AK 99603 I further certify that onthis date I have served the original and one copy ofthe COMPLAINANT'S MOTION TO DEEM CERTAIN FACTS ADMITTED AND FOR A DECISION REGARDING THE VIOLATION by postage-prepaid, certified mail, return receipt requested, addressed as follows: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1 000 DATED:

Federal Aviation Administration Office ofRegional Counsel 222 West 7th Avenue, Box 14,AAL-7 Anchorage, Alaska 99513-7587 

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