Federal Aviation Administration (Fax and Certified First Class Mail) Attn: Hearing Docket Clerk, AGC-430 800 Independence Avenue SW Wilbur Wright Building, Suite 2Wl000 Washington, DC 20591
October 26, 2016 RE: In the Matter ofWilliam A. Curtright, DBA Docket No. FAA-2015-1319 Case No. 2014 NM090046 Judge J.E. Sullivan Dear Hearing Docket Clerk, AGC-430, 

# RECEIVED NOV - I 2016 

## HEARING DOCKET

Please find attached the following documents for filing byRespondent William A. Curtright,DBA: 1. RESPONDENTS' MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT with Certificate ofService; 2. ORDER GRANTING RESPONDENTS MOTION FOR SUMMARY JUDGMENT with Certificate ofService; 3. RESPONDENTS REQUEST FORA RULING ON MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT with Certificate ofService; and 4. ORDER GRANTING RESPONDENT'S REQUEST FORA RULING ON RESPONDENTS MOTION FOR SUMMARY JUDGMENT with Certificate ofService. Respectfully Submitted,

Dr. WmAmes Curtright, DBA
Enclosures DWC/sb

### Docket No. FAA-2015-1319 (Civil Penalty Action)



### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration (Fax and Certified First Class Mail) Attn: Hearing Docket Clerk, AGC-430 800 Independence Avenue SW Washington, DC 20591 Wilbur Wright Building, Suite 2Wl000 Fax: (202) 267-1293 ONE COPY Judge J.E. Sullivan (Fax, Email, and Certified First Class Mail) U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, SE (El1-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 David F. Shayne, FAAAttorney (Fax, Email, and Certified First Class Mail) Complainant's Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 TEL: 425-227-1847 

# :f=A L(z<;.- - 

## i DD7William A. Curtright Respondent PO Box 1350 Jefferson, OR 97352 Telephone: (503) 209-7388 Fax: (503) 485-0812

In The Matter Of: 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
DocketNo. FAA-2015-1319 WILLIAM A. CURTRIGHT, DBA Case No. 2014NM090046 Respondent Judge J.E. Sullivan
RESPONDENTS' MOTION and MEMORANDUM FOR SUMMARY JUDGMENT

COMES NOW Respondent, William A. Curtright, DBA respectfully files and submits this Motion and Memorandum for Summary Judgment against Complaint ofF AA Administrator Michael P. Huerta, Administrator, Federal Aviation Administration (the "Administrator" or Complainant") and moves for summaryjudgment on all ofthe claims in the Complaint pursuant to Federal 

### Rule of Civil Procedure 56 (Fed. R. Civ. P. 56), Respondent William A. Curtright respectfully moves this Court for entry ofan Order granting summaryjudgment inhis favor.

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 1 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812

### TABLE OF CONTENTS

TABLE OF AUTHORITIES .................................................................................................. 3 Respondents' Motion and Memorandum for Summary Judgment.......................................... 1 TABLE OF CONTENTS................................................................................ 2 MEMORANDUM FOR SUMMARY JUDGMENT................................................ 4 Claims and Defenses upon which Judgment is Sought
.. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. 4 Respondent is entitled to Summary Judgment on the Claim.......................................... 4 Burden ofproofand elements. . . . . . . . . . . ... . . . . . . . . . . . ............. .... .. .. ...... .................. ...... ...... ....... 4 Elements that cannot be proven by the Complainant................
.. .. .. .. .. .. .. .. .. .. .. .. .. .. ... 6 CONCLUSION.......................................................................................... 11

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 2 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812

## I TABLE OF AUTHORITIES Cases Celotex Corp. v. Catrett, 

### 477 U.S. 317,323-24 (1986)........................... 5,6

Statutes and Regulations Federal Rule ofCivil Procedure 56.................................................... 1 Federal Rule ofCivil Procedure ll(a)...... .............. .......... .................... 8 14 Code ofFederal Regulations C.F.R. Section 91.417(c) .......................... 4,5,6,7,8,10,11 14 Code ofFederal Regulations C.F.R. Section DOT 61.56(c)............
........ .... 7,8 Title 49 United States Code (Transportation) Section 46301 (a) and (d) ............. 6,8,9 Title 49 United States Code (Transportation) Section 46301 (d) (2), (7)(a) 2014
... 9 FAA Rules ofPractice 14 C.F.R.§l3.207(b).............................................. 7,8,9 FAA's Rules ofPractice, 14 C.F.R.§l3.207(c) ........................................... 8
Constitutional The Eight Amendment ofthe United States Constitution Part ofthe United States Bill ofRights.......................................

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 3 

### 6,7,12

William A. Curtright, DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812William A. Curtright Respondent PO Box 1350 Jefferson, OR 97352 Telephone: (503) 209-7388 Fax: (503) 485-0812

ln The Matter Of: 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Docket No. FAA-2015-1319 WILLIAM A. CURTRIGHT, DBA Case No. 2014NM090046 Respondent Judge J.E. Sullivan
MEMORANDUM FORSUMMARYJUDGMENT

CLAIMS AND DEFENSES UPON WHICH JUDGMENT IS SOUGHT A- Respondent is entitled to Summary Judgment on the Claim 

### 1. Burden of

### proofand elements A. 

### The Federal Aviation Administration Complaint alleging violation of Section 14.C.F.R. 91.417(c), requires the Complainant to establish, by a preponderance of the evidences, a primafacie 

### case that: (I) respondent did not produce or make the Log Books available for inspection by the Administrator or any authorized representative of the National

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-201S-1319 Case No. 2014NM0046 Page 4 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812Transportation Safety Board (NTSB). Respondent would state that the FAA has not identified grounds that will show a genuine issue ofmaterial fact 1 B. Respondent moves for summary judgment on his claim that the Federal Aviation Administration complaint alleging violation of Section 14 C.F. R. 91.417(c): claiming that the owner or operator shall make all maintenance Log Books required to be kept by this section available for inspection by the Administrator or any authorized representative ofthe National Transportation Safety Board (NTSB). (Herein attached as Exhibit 1 Section 14 C.P.R. 91.417(c).
C. Respondent would show the court that the records themselves were produced to the National Transportation Safety Board (NTSB) and that the records themselves do not need to, and arguably should not be, stored on the aircraft, 

### but must be producedfor inspection in a reasonable amount oftime when requested by the FAA, NTSB or law enforcement. In addition, Respondent would show this court that on or about August 13, 2015 Federal Aviation Administration, Curt Cowley and Terry Juan inspected the aircraft maintenance records ofSuper cub N949JP owned by Respondent. They were allowed unrestricted access to the aircraft logbooks without distraction, and found the records were well organized and complete, back to the birth ofthe aircraft. The records did not appear to be altered or edited in any way. No discrepancies were noted, and the aircraft appeared to be airworthy at the time ofthe incident. (Herein attached as Exhibit 2 An Email from David F. Shayne to AmesResearch, dated October 14, 2015 with confirmation that the records were produced and examined to satisfaction by Billy J. McKibbon, Portland Flight Standards FAA with attached Speed Memo EIR NO. 2014NM090046, Lost Logs.)

Celotex Corn. v. Catrett. 477 U.S. 317 323-24 11986) RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 5 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812D. 

### Furthermore, Respondent moves for summary judgment on his claim that the Federal Aviation Administration lacks evidence that Respondent did not provide the documentation that was requested of him under Section 14 C.F.R. 91.417(c). Respondent contends that there is no genuine disputed issue as to any material fact or evidence and that he is entitled to judgment as a matter oflaw in 

### his claim. (Herein attached as Exhibit 3 is the transcript wherein the Honorable Judge J.E. Sullivan that Respondent was in compliance of production ofthe Log Books under Section 14 C.F.R. 91.417(c) page 38 ofteleconference
on August 9, 2016 between complainant, respondent and the Honorable Judge J.E. Sullivan) 2. Elements that cannot be proven by the Complainant The Federal Aviation Administration Complaint cannot demonstrate a triable issue offact as to Sections 46301(a) and (d) of Title 49 of the United States Code (U.S.C.) (Transportation) (49 U.S.C. Sections 46301 (a) and (d)), alleging that Respondent is liable for a civil penalty of $11,000.00 as being appropriate for the alleged violation ofSection 14. C.F.R. 91.417(c).Z
A. 

### Respondent moves for summary judgment on his claim that the Federal Aviation Administration complaint alleging that respondent is in violation of Section 14 C.F.R. 91.417(c) and charging under Sections 46301 (a) and (d) ofTitle 49 ofthe United States code (U.S.C. (Transportation) (49 U.S.C. Sections 4630l(a) and (d) a civil penalty in the amount of $11,000.00 violates his rights under the Eight Amendment. In addition, Respondent vindicating his Eight Amendment rights of the United States Constitution which is the part of the United States Bill of Rights prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment. (Herein

2Celotex Corp. v. Catrett. 477 U.S. 317 323-24119861 RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 6 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812

### attached as Exhibit 4 is the Eight Amendment ofthe United States Constitution part ofthe United States Bill ofRights)
B. Respondent moves for summary judgment on his claim that the Federal Aviation Administration failed to disclose the entire letter ofinvestigation, dated September 4, 2014 to William Ames Curtright in its entirety. The FAA letter of Investigation has no signature page, or page 2. The document is page 1 and 3. The document is not an official letter, and is not authentic without a signature, or served and is not an entire document either served or produced by the FAA without the signatme3

. 

### (Herein attached as Exhibit 5 is a copy ofthe letter dated September 4, 2014 which was produced on September 29, 2016 at approximately 3:30p.m. to Respondent as document C6.)
C. Respondent would argue that because the FAA letter of investigation was unsigned and incomplete and was not produced or served in its entirety and therefor is not an authentic document. The FAA cannot rely on it for filing their initial Complaint and the entire Complaint filed by the FAA should be dismissed and Summary Judgment reliefbe granted to Respondent.
D. In addition, Respondent would argue that the FAA Letter, dated September 4, 2014 is for
.... "documentation ofyour compliance with the flight review requirement of 14 C.P.R. DOT 61.56(c);" However, in the FAA's complaint that was filed with the Department of Transportation Office of Hearings in Washington, D.C. on or about May 19'h 2015 the FAA alleges that Respondent was in violation of 14 CPR Section 91.417 (c) and does not

3 FAA's Rules of Practice, 14 C.F.R.§13.207(b) RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 7 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812include any allegations that Respondent was in violation of Section 14 C.P.R. DOT 61.56 (c), which has nothing to do with 14 CFR 91.417(c). Section 14 C.P.R. DOT 61.56(c) states the following:
... 

### "Except asprovided inparagraphs (d), (e) and (g) of this section, noperson may act aspilot in commandof an aircraft unless, since the beginning of the 241 h 

### calendar month before the month in which thatpilot acts aspilot in command, thatperson has
..... " (Herein attached as Exhibit 6 14 C.P.R. DOT 61.56(c))
E. On or about January 14, 2015 the FAA through its attorney David J. Shayne sent a letter to William A. Curtright stating in item #2. "On or about July 1, 2014 an Aviation Safety Inspector (ASI) from the Portland Flight Standards District Office wrote you a letter demanding that you provide aircraft weight and balance, and aircraft and engine maintenance logbooks for N949JP." (Attached here to as Exhibit 7 is FAA Letter dated January 14,2015 and July 1, 2014 ASI Letter.)

F. On or about May 19, 2015 the FAA through its attorney David J. Shayne filed a complaint; however, attorney David J. Shayne never signed the complaint, and did not list his attorney bar number to the complaint.4 Respondent would request the court to impose sanctions against attorney David J. Shayne in the amount of$11,000.00 for failure to sign and include his state bar number on the complaint. 5 Respondent would show the court according to Federal Rule ofCivil Procedure 11(a) (Fed.R.Civ. P. 1l(a) provides

4 FAA's Rules of Practice, 14 C.F.R.§13.207(b) 5 FAA's Rules of Practice, 14 C.F.R.§13.207(c) RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 8 William A. Curtright, DBA Respondent Telephone: (503) 209-7388 Fax (503)485·0812instructional guidance and Rule 11 (a) states, inpart: "The court must strike an unsigned paper"
...)\Hereto attached as Exhibit 8 FAA Complaint bythe FAA id page 3 of5 at paragraph III.)
G. Respondent would show the court that the FAA has never given an explanation ofwhy they are proposing an $11.000.00 fine as the civil penaltv, and what forms the basis for the maximum amount allowed. Respondent would further show the court that in the Complaint that was filed the FAA alleges that Respondent is liable for a civil penalty not to exceed $11,000.00 pursuant to 49 U.S. C. Sections 46301 (a) and (d). (Hereto attached as Exhibit 9 is Title 49 U.S.C. Sections 46301 (a) and (d). Respondent would show this court that under Title 49 U.S.C. § 46301-Civil penalties (A) states the following: "(1) A person is liable to the United States Government for a civil penalty ofnot more than $25,000 (or $1,100 is the person is an individual...." The FAA did not bring the civil penalty allegation under the proper U.S.C. code oftitle 49 U.S.C.§ 46301 (d)(2), and (7)(a)) Respondent would requestthe court to grant summaryjudgmentreliefto Respondent on this matter for lack ofexplanation,jurisdiction, and incorrect citing oflaw for the maximum amount allowed in a civil penalty case. (Attached hereto as Exhibit I0 is page 32 lines 18-25 ofthe transcript ofthe telephone conference ofAugust 9, 2016 before the Honorable J.E. Sullivan U.S. Administrative law Judge.) H. Respondent would show the court that the FAA has never given an explanation ofwhy they are proposing an $11,000.00 fine as the penalty, and what forms the basis for the maximum amount allowed. Respondent would request the court to grant summaryjudgment for lack ofexplanation, and basis ofthe maximum amount allowed. (Attached hereto as Exhibit 10 is page 32 Lines 18-25

6 FAA's Rules of Practice, 14 C.F.R.§13.207(b) RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 9 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812ofthe transcript ofthe telephone conference ofAugust 9, 2016 before the Honorable J.E. Sullivan U.S. Administrative Law Judge.) 

### I. Respondent would show the court that the FAA has not met the burden of proof as the moving party bringing this action before the court against Respondent because oflack ofproving that the imposed fine of $11,000.00 truly reflects the magnitude and scope of time period where the records were lost and not available to the FAA for inspection. Respondent would show the court that in Complainant's Initial Disclosures Pursuant to the ALJ's Order of August 10, 2016 and FRCP 26(1(a) that document 2014NM090046 clearly states that on July 7, 2014 and August 28, 2014 Respondent sent copies ofthe documents that were requested ofhim to the FAA. (Attached hereto as Exhibit 11 is document 2014NM090046 with lines f, and h,j.)
J. Respondent would show the court that the FAA hindered this case by not disclosing to Martin G. Conroythat the documents were produced on July 7, 2014 as stated in the letter from Dr. W. Ames Curtright to Martin G. Conroy, dated September 9, 2014 RE: EIR Number 2014NM090046 with attachments. (Attached hereto as Exhibit 12 is the letter from Dr. W. Ames Curtright to Martin G. Conroy, dated September 9, 2014 with attached documents: Oregon Aircraft Registration Certificate and Memorandum from Ben W. Davidson to William Ames Curtright, dated 8/26/2014; Memorandum dated July 7, 2014 from William A. Curtright to Conray, Marty with attachments.) Respondent would request that this court grant summaryjudgmentfor lack of evidence ofviolation ofSection 14 C.F.R. 91.417(c) against Respondent.

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 10 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (S03)485-0812CONCLUSION Because the Complainant's evidence, viewed in the light most favorable to the FAA, is insufficientto establish all ofthe elements oftheir claims, the Respondent is entitled to summary judgment on all claims. Inaddition, the undisputed evidence indicates that the Respondent has proven his affirmative defense thatthe Log Books were produced for inspection in a reasonable amount oftime when requested by the FAA, NTSB or law enforcement entitling Respondent to summaryjudgment on that defense.
In addition, Respondent has shown to this court that the civil penalty imposed by the FAA in their complaint has been brought under the wrong U.S.C. section entitling Respondent to summaryjudgment on that defense. Respondent has shown to this court that no notice or demand letter was given to Respondent by the FAAregarding an alleged violation of 14 Code ofFederal Regulations (C.F.R. Section 91.417(c) and reliefofsummaryjudgment should be granted to Respondent. Respondent has shown too this court that Respondent did produce the Log Books to the FAA pursuant to C.F.R. 9l.417(c) and that the Court has also recognized and acknowledged that Respondent produced the Log Books to the FAA in compliance to C.F.R. 9l.417(c) inthe Courts Order ofMay 10, 2016 and relieffor summaryjudgment should be granted to Respondent. Respondent has shown the court that the FAA lacks evident that respondent did not provide the documentation that was requested ofhim and that there is no material fact or evidence that the documents were not produced. And relieffor summaryjudgment should be granted to Respondent. RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 11 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812Respondent has shown the court that the civil penalty amount of$11,000.00 violates Respondents rights under the Eight Amendment ofthe United States Constitution prohibiting the federal government from imposing excessive fines and relieffor sununaryjudgment should be granted to Respondent. Respondent has shownthe court that the FAA failed to disclose in its disclosure ofdocuments an FAA letter ofInvestigation, dated September 4, 2014 in its entirety and has no signature page and is not the entire document or the authentic document and therefore the entire document should be removed from the case and relieffor summaryjudgment should be granted to Respondent. Respondent has shown the court that the FAA failed to disclose in their initial disclosure which
was order by the Honorable Judge J.E. Sullivan to disclose what formed the basis for the maximum amount allowed for a civil penalty, along with an explanationhas not been disclosed by the FAA and relieffor summaryjudgment should be granted to Respondent. Respondent has shown this court that the FAA hindered this case by not disclosing to Martin G. Conroy that the documents were produced on July 7, 2014 and relieffor sununaryjudgment should be grantedto Respondent.

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 12 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812

### WHEREFORE, Respondent respectfully requests and prays that the Administrative Law Judge enter an Order granting reliefto the Respondent by granting this Summary Judgment with prejudice.

Respectfully submitted



# this~y ofOctober 2016

Dr. Wm. Ames Curtright, DBA

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 13 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812

### Docket No. FAA-2015-1319 (Civil Penalty Action)



### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration (Fax and Certified First Class Mail) Attn: Hearing Docket Clerk, AGC-430 800 Independence Avenue SW Washington, DC 20591 Wilbur Wright Building, Suite 2Wl000 Fax: (202) 267-1293 ONE COPY Judge J.E. Sullivan (Fax, Email, and Certified First Class Mail) U.S. Administmtive 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: 202-366-7536 David F. Shayne, FAA Attorney (Fax, Email, and Certified First Class Mail) Complainant's Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 TEL: 425-227-1847

RESPONDENT'S MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 14 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812

# 14 CFR 91.417- Maintenance records. § 91.417 Maintenance records. (a) Except for work performed in accordance with 

### §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) 

### Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include - (i) 

### A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) 

### The date of completion of the work performed; and (iii) 

### The signature, and certificate number of the person approving the aircraft for return to service. 

### (2) Records containing the following information: (i) 

### The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) 

### The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) 

### The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. 

### (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. 

### (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. 

### (vi) Copies of the forms prescribed by 

### § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. 

### (b) The owner or operator shall retain the following records for the periods prescribed :

### (1) 

### The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under 

### § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. (c) The owner or operator shall make all maintenance records required to be kept by this section available for inspection by the Administrator or any authorized representative of the National Transportation Safety Board (NTSB). In addition, the owner or operator shall present Form 337 described in paragraph (d) of this section for inspection upon request of any law enforcement officer. 

### (d) When a fuel tank is installed within the passenger compartment or a baggage compartment pursuant to part 43 of this chapter, a copy of FAA Form 337 shall be kept on board the modified aircraft by the owner or operator. (Approved by the Office of Management and Budget under control number 2120-0005) [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91- 311, 75 FR 5223, Feb. 1, 2010; Amdt. 91-323, 76 FR 39260, July 6, 2011]**'"~lliam** 

### Ames Curtright .t·c/ im: David.F.Shayne@faa.gov ::.ent: Wednesday, October 14,2015 2:15PM To: ames@amesresearch.com Subject: RE: Docket No. FAA-2015-1319, Curtright Attachments: document2015-08-16-071730.pdf

Here is a copy of the email I received and the memo Sorry David, This is to confirm the records have now been provided and examined to our satisfaction. Attached is a speed memo from inspector Cowley regarding his examination of the records. Best regards, Billy J. McKibbon Front Line Manager- Heavy Helicopter Unit Portland Flight Standards Federal Aviation Administration (503) 615-3235 \ .-,value your feedback. t Standards Service Quality Management System (QMS) Feedback ru 1m : http :/ /www.faa .govIabout/office_ org/headquarters_ offices/a vs/offices/afs/q m s/

from: William Ames Curtright [mailto:ames@amesresearch.com] Sent: Wednesday, October 14, 2015 1:58 PM To: Shayne, David F (FAA) Subject: Docket No. FAA-2015-1319, Curtright David, I note that this matter is still before the courts. I also note the Order for Reassigning the proceedings to a new Judge. Thus I note that this matter isn't dismissed as of yet. I Could you send me a copy ofyour last letterto the court requesting the Dropping and closure ofthis matter. As you know Curt Cowley visited our offices and reviewed all documentation ofthe lost documents from Portland, Oregon



## .D~)Wm. Ames Curtright, BS, DBA

**~ /Pr~sident**  Ames Research Laboratories, Inc. ames@amesresearch.com Phone: 503-588-7000 1

## SPEED MEMO SUBJECT EIR No. 2014NM090046, Lost Logs TO: OATE OF REPLY Marty G Conroy cc Bill McKibbon SIGNATURE OF REPLIER TITLE 

# I ROUTING SYM.

INITIAL MESSAGE INSPECTOR STATEMENT

On Thursday, 08-13-2015, ASI's Curt Cowley and Terry Juran inspected the aircraft maintenance records of Supercub N949JP. at Mr Curtright's place of business in Salem, Or. Mr Curtright was pleasant and curteous. He allowed us unrestricted access to the aircraft logbooks without distraction. The records were well organized and .complete. back to the birth of the aircraft. The records did not appear to the alterered or edited in anyway. No descrepantcies were noted. and the aircraft appears to have been airworthy at the time of the accident

REPLY MESSAGE

FROM: DATE OF INITIAL MESSAGE

**~§liSt** 15'12015 FEDERAL AVIATION ADMINISTRATION 

### SIGN~/Z 0 f z:ORh Flight Standards District Office 

# /·. '//J. A 

### '/.4 / / - ' v ·; 3180 NW 229" Avenue TITLE ASI V ROUTINGSYM. Hillsboro, OREGON 97124 NM091 2 ,---1 f r·J ( " I

**"'·-.~'** 

### IV/ I
. i i Ll

FEDERAL AVIATION ADMINISTRATION
3 4 5 In the Matter of: Docket No. WILLIAM A. CURTRIGHT, DBA FAA-2015-1319 6 Respondent. 7 8 9 10 The litigation scheduling conference 11 via telephone in the above-entitled matter 12 commenced on Tuesday, August 9, 2016, at 1:34 13 p.m. 14 15 16 17 18 19 BEFORE: THE HONORABLE J.E. SULLIVAN U.S. Administrative Law Judge

20 Reported by: Melissa G. Fleming 21 22 23 24 25

### William 

### A. Curtright, DBA 1 And in the material that I had before 2 me, and I'm looking at page 3 of this 3 four-page order, I talk about how you asserted 4 on August 13, 2015 you allowed the FAA to 5 inspect your maintenance records and at ,that 6 time the FAA agreed that the records were 7 "well organized and complete back to the birth 8 of the aircraft." Do you,see that on page 3? 9 It's under paragraph three. 10 MR. CURTRIGHT: I see that. I had 11 missed that. All right. Go ahead. 12 JUDGE SULLIVAN: And 

### t also quote from 13 your material, you know, acknowledging that 14 you had said that these records had been 15 "lost" for a time. And then in the discussion 16 following that paragraph, a brief discussion 17 in number four and it runs from page 3 to page 18 4, I talk about how it's really great or good 19 that the Respondent's maintenance record has 20 been found and inspected and that as I 21 understood the law, that wasn't a defense to 22 the lack of having those records produced from 23 approximately July 14, 2014 through May 19, 24 2015. 25 So there's been a ruling on that


### For The Record, Inc. 

### (301) 870.8025 · www.ftrinc.net · 

### (800) 921·5555 38 

### 8/9/2016

# The Eighth Article of the US Constituion
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.U.S.Department ofTransportatiOn Federal AviaHon Administration 

### September 4, 2014 Northwest Mountain Region Colorado, Idaho, Montana, Oregon, Utah, Washington, Wyoming Flight Standards District Office 3180 NW 229th Ave. Hillsboro, Oregon 97124 503-615-3225, Fax: 503-615-3300 1-800-847-3240 marty.g.conroy@faa.gov

CERTIFIEDMAIL/SPECIAL DELIVERY- RETURN RECEIPT REQUESTED EIRNumber: 2014NM090046 

### William Ames Curtright 1895 16th SE Salem, Oregon 97302 Subject: Letter ofInvestigation DearMr. Curtright: Personnel ofthis office are investigating an accident, which involved the operation ofan aircraft, N949JP, on June 14, 2014. This office sent you aletter dated July I, 2014 by registered mail requesting youpresentto us the following documents: aircraft weight and balance record, the airframe and engine maintenance logbooks, the Airworthiness and Registration certificates, and documentation ofyour compliance with the flight review requirement of 14 CFR Part 61.56(c). To date, you have not presentedthis office with the airframe and engine maintenance logbooks for N949JP and acomplete record ofyourrequired flight review that includes the instructor's endorsement signature. This may be contrary to the Federal Aviation Regulations. This letter is to inform you that this matter is under investigation by the Federal Aviation Administration (FAA). In accordance with the Pilot's Bill ofRights, we are informing you that: (1) The nature ofthis investigation is to determine whether you acted as pilot in cormnand ofN949JP in violation ofthe Federal Aviation Regulations, and ifso, what, ifany enforcement action should he taken. (2) Oral or written response to this Letter ofinvestigation is notrequired, and no action can be taken or adverse inference made against you for declining to respond to this Letter of Investigation.
NM09: MConroy: MGC: 3240: 9/4/14: N:\FSDO Electronic Work **Space~nvestigations\Violation\2014\2014NM090046-** Curtright, William Ames\LOI 9-4-2014.doc



### h~~~t 

## :::23 

### PRIVACY ACT NOTICE This Notice is provided in accordance with Section (e) (3) ofthe Privacy Act, 5U.S.C. Section 552a (e) (3), and concerns the information requested inthe letter or form with which this Notice is enclosed. A. Authority: This information is solicited pursuant to 49 U.S.C. 

### §40113(a) and the regulations issued under that statutory provision codified in 14 C.F.R. part 13. Submission of information is voluntary. B. Principal Purposes: 1. The request for information is intended to provide you with an opportunity to participate inthe investigation. 2. The requested information will be used to help determine whether or not there has been aviolation ofthe Federal Aviation Regulations, and ifso, what, ifany, enforcement action should be taken. C. Routine uses: Records from this system ofrecords may be disclosed in accordance with the following routine uses that appear in the System ofRecords No. DOT

### IFAA 847, General Air 

### Transportation Records on Individuals, DOT

### IFAA: 1. To provide basic airman certificate and qualification information to the public upon request. 2. To disclose information to the National Transportation Safety Board (NTSB) in connection with its investigation responsibilities. 3. To provide information about ainnen to Federal, state, and local law enforcement agencies when engaged in the investigation and apprehension ofdrug iaw violators. 4. To provide information about enforcement actions arising out ofviolations ofthe Federal Aviation Regulations to government agencies, the aviation industry, and the public upon request. 5. To disclose informationto another Federal agency, or to acourt or an administrative tribunal, when the Government or one ofits agencies is aparty to ajudicial proceeding before the court or involved in administrative proceedings before the tribunal. D. Effect offailure to respond: The FAA cannot impose any penalties upon you ifyou fail to 

### respond to this letter ofinvestigation. If

### you fail to supply the requested information, however, the FAA will make determinations about possible enforcement action for this matter without the benefit ofyour comments on this matter.

# FederalAviation Administration, DOT 

# § 61.56 one takeoffand one landing 

# in an aircraft ofthe same type for which the qualification is sought. This requirement does not apply to an applicant who completes a proficiency check underpart 121 or competency check under subpart K, part 91, part 125, or part 135 for the particular type ofaircraft. [Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Arndt. 61-103, 62 FR40898, July 30, 1997; Arndt. 61-109, 68 FR 54559, Sept. 17, 2003; Arndt. 61-113, 70 FR45271, Aug. 4, 2005; Arndt. 61-109, 70 FR 61890, Oct. 27, 2005; Arndt. 61-124, 74 FR42550, Aug. 21, 2009; Arndt. 61-128, 76 FR 54105, Aug. 31, 2011] 

# § 61.56 Flight 

# review. (a) Except as provided in paragraphs (b) and (f) ofthis section, a flight review consists ofa minimum of 1 hour offlight training and 1 hour ofground training. The review must include: (1) A review ofthe current general operating and flight rules ofpart 91 of this chapter; and (2) A review ofthose maneuvers and procedures that, at the discretion of the person giving the review, are necessary

# for the pilot to demonstrate the safe exercise ofthe privileges ofthe pilot certificate. (b) Glider pilots may substitute a minimum ofthree instructional flights in a glider, each ofwhich includes a flight to traffic pattern altitude, in lieu ofthe 1 hour offlight training required inparagraph (a) ofthis section. (c) Except as provided in paragraphs (d), (e), and (g) ofthis section, no person may act as pilot in command ofan aircraft unless, since the beginning of the 24th calendar month before the month in which that pilot acts as pilot in command, that person has- (1) Accomplished a flight review given in an aircraft for which that pilot is rated by an authorized instructor and (2) A logbook endorsed from an authorized instructor who gave the review certifying that the person has satisfactorily completed the review. (d) A person who has, within the period specified in paragraph (c) ofthis section, passed a pilotproficiency check conducted by an examiner, an

# approved pilot check airman, or a U.S. Armed Force, for a pilot certificate, rating, or operating privilege need not accomplish the flight review required by this section. (e) A person who has, within the period specified in paragraph (c) ofthis section, satisfactorily accomplished one or more phases ofan FAA -sponsored pilotproficiency award program need not accomplish the flight review required by this section. (f) A person who holds a flight instructor certificate and who has, within the period specified inparagraph (c) ofthis section, satisfactorily completed a renewal ofa flight instructor certificate under the provisions in § 61.197 need not accomplish the one hour ofground training specified in paragraph (a) ofthis section. (g) A student pilot need not accomplish the flight review requiredby this section provided the student pilot is undergoing training for a certificate and has a current solo flight endorsement as required under§ 61.87 ofthis part.

# (h) The requirements ofthis section may be accomplished in combination with the requirements of§ 61.57 and other applicable recent experience requirements at the discretion ofthe authorized instructor conducting the flight review. (i) A flight simulator or flight training device may be used to meet the flight review requirements ofthis section subject to the following conditions: (1) The flight simulator or flight training device must be used in accordance with an approved course conducted by a training center certificated under part 142 ofthis chapter. (2) Unless the flight review is undertaken in a flight simulator that is approved for landings, the applicant must meet the takeoffand landing requirements of§ 61.57(a) or§ 61.57(b) ofthis part. (3) The flight simulator or flight training device used must represent an aircraft or set ofaircraft for which the pilot is rated. [Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Arndt. 61-103, 62 FR 40898, July 30, 1997;

# Arndt. 61-104, 63 FR 20287, Apr. 23, 1998; Arndt. 61-124, 74 FR 42550, Aug. 21, 2009U.S. Department ofTransportation Federal Aviation Administration September 4, 2014 Northwest Mountain Region Colorado, Idaho, Montana, Oregon, Utah, Washington, Wyoming Flight Standards District Office 3180 NW 229th Ave. Hillsboro, Oregon 97124 503-615-3225, Fax: 503-615-3300 1-800-847-3240 marty.g.conroy@faa.gov

CERTIFIED MAIL/SPECIAL DELIVERY- RETURN RECEIPT REQUESTED EIR Number: 2014NM090046 William Ames Curtright 1895 16'11 SE Salem, Oregon 97302 Subject: Letter oflnvestigation Dear Mr. Curtright: Personnel ofthis office are investigating an accident, which involved the operation ofan aircraft, N949JP, on June 14, 2014. This office sent you a letter dated July 1, 2014 by registered mail requesting you present to us the following documents: aircraft weight and balance record, the airframe and engine maintenance logbooks, the Airworthiness and Registration certificates, and documentation ofyour compliance with the flight review requirement of 14 CFR Part 61.56(c). To date, youhave not presented this office with the airframe and engine maintenance logbooks for N949JP and a complete record ofyour required flight review that includes the instructor's endorsement signature. This may be contrary to the Federal Aviation Regulations. This letter is to inform you that this matter is under investigation by the Federal Aviation Administration (FAA). In accordance with the Pilot's Bill ofRights, we are infmming you that: (I) The nature ofthis investigation is to determine whether you acted as pilot in command ofN949JP in violation ofthe Federal Aviation Regulations, and ifso, what, ifany enforcement action should be taken. (2) Oral or written response to this Letter oflnvestigation is not required, and no action can be taken or adverse inference made against you for declining to respond to this Letter of Investigation.

NMOS: MConroy: MGC: 3240: 9/4/14: N:\FSDO Electronic Work Space\lnvestigations\Violation\2014\2014NM090046**~Curtright,** William Ames\LOI**9~4w2014.doc**3 PRIVACY ACT NOTICE This Notice is provided in accordance with Section (e) (3) ofthe Privacy Act, 5 U.S.C. Section 552a (e) (3), and concerns the information requested in the letter or form with which this Notice is enclosed. A. Authority: This information is solicited pursuant to 49 U.S.C. § 40113(a) and the regulations issued under that statutory provision codified in 14 C.F.R. part 13. Submission of information is voluntary. B. Principal Purposes: I. The request for information is intended to provide you with an opportunity to participate in the investigation. 2. The requested information will be used to help determine whether or not there has been a violation ofthe Federal Aviation Regulations, and ifso, what, ifany, enforcement action should be taken. C. Routine uses: Records from this system ofrecords may be disclosed in accordance with the following routine uses that appear inthe System ofRecords No. DOT/FAA 847, General Air Transportation Records on Individuals, DOT/FAA: I. To provide basic airman certificate and qualification information to the public upon request. 2. To disclose information to the National Transportation Safety Board (NTSB) in connection with its investigation responsibilities. 3. To provide information about airmen to Federal, state, and local law enforcement agencies when engaged inthe investigation and apprehension ofdrug law violators. 4. To provide information about enforcement actions arising out ofviolations ofthe Federal Aviation Regulations to government agencies, the aviation industry, and the public upon request. 5. To disclose information to another Federal agency, or to a court or an administrative tribunal, when the Government or one ofits agencies is a party to ajudicial proceeding before the court or involved in administrative proceedings before the tribunal. D. Effect offailure to respond: The FAA carmot impose any penalties upon you ifyou fail to respond to this letter ofinvestigation. Ifyou fail to supply the requested information, however, the FAA will make determinations about possible enforcement action for this matter without the benefit ofyour comments on this matter.u.s Deperrment Qf

### Transportation Federal Aviation Administration


### July 1, 2014 Northwest M()unta:in

**~egio.o** COlorado, Idaho, Montana,

**Or~gon, U~ah,**  W'ashington, Wyomiilg Flight Standards Distri.ct OffiCE> 31Bo NW 229!hAvenue Hillsboro, Oregon 97124 503'615-3pjQ, .F"'- !;03-615-3300 niarty.g.conroy@faa.gov



### CERTIFIED MAIL/SPECIAL DELIVERY- RETURN RECEIPT REQUESTED William Ames Curtright 139516thSE Salem, Oregon 97302 Dear Sir: This office is investigating an aircraft accident involving N949JP that occurred onJune 14, 2014, in Turner, Oregonwithyou acting as 

### pilot-in-command. Please provide the following documents for myreview by July 17, 2014.

• Aircraft weight and balance • Airframe and Engine maintenance logbooks • Airworthiness and Registration certificates • Documentationofcompliance with 14 CFR Part 61.56(c) I can be 

### reached at 503-615-3240 to make arrangements for this review. Sincerely, 

### r .1



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### F. SHAYNE FAA OFFICE OF REGIONAL COUNSEL 1601 LIND AVE., SW RENTON, WASHINGTON 98057 TELEPHONE: (425) 227-2165 FACSIMILE: (425)227-1007 

## UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In the Matter of: William 

### A. Curtright FAA CaseNo. 2014NM090046 Judge Not Assigned

JUDGE NOT ASSIGNED: 

### COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Ru1e 208 ofthe Ru1es ofPractice (14 Code ofFederal Regu1ations (C.F.R.) Section 13.208), and states as follows: I. 

### On May 6, 2015, William A. Curtright was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$11,000. On May 11, 2015, 

### Mr. Curtright submitted a written request for a hearing. 

### II. 1. William A. Curtright was and at all times material hereto was the owner and/or operator ofa Piper Model PA-18135, a U.S. registered civil aircraft, N949JP. 2. On or about Ju1y 1, 2014, an Aviation Safety Inspector (ASI) from the Portland Flight Standards District Office wrote 

### Mr. Curtright a letter demanding that he provide
COMPLAINT FAA v. William A Curtright FAA Case No. 2014NM090046 Page 2 of5 DAVID F. SHAYNE, FAA ATTORNEY TEL: (425) 227-2165; FAX: (425) 227-1007

### aircraft weight and balance, and aircraft and engine maintenance logbooks for N949JP. 3. 

### Mr. Curtright sent two emails and a letter acknowledging that he was aware ofthe demand. 4. As ofthis time, 

### Mr. Curtright has failed to provide the maintenance records referenced above.
III. l. 

### By reason ofthe foregoing facts and circumstances, 

### Mr. Curtright violated Section 91.417 (c) ofthe Federal Aviation Regulations (14 Code ofFederal Regulations (C.F.R.)) in that he owned or operated an aircraft for which he failed to make all maintenance records required to be kept by this section available for inspection by the Administrator. 2. 

### In accordance with Sections 4630l(a) and (d) ofTitle 49 ofthe United States Code (U.S.C.) (Transportation) [49 U.S.C. Sections 4630l(a) and (d)], Mr. Curtright is liable for a civil penalty not to exceed $11,000 for each ofthe violations noted. 3. Under the facts and circumstances ofthis case, acivil penalty of$11,000 is appropriate. WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an Order that William 

### A. Curtright be assessed a civil penalty in the amount of $11,000.
Respectfully submitted this 19th day ofMay 2015.

David F. Shayne FAA Attorney

COMPLAINT FAA v. William A Curtright FAA Case No. 2014NM090046 Page 3 of5 DAVID F. SHAYNE, FAA ATTORNEY TEL: (425) 227-2165; FAX: (425) 227-1007

### ANSWER In accordance with Section 13.209 ofthe Federal Aviation Regulations, William A. 

### Curtright, must answer this Complaint not later than thirty (30) days from the time it is served. Failure to file an Answer within thirty (30) days without good cause shall be deemed an admission ofthe truth ofeach allegation contained in the Complaint [14.C.F.R. § 

### 13.209(f)].

COMPLAINT FMv. William A. Curtright FMCase No. 2014NM090046 Page 4 of5 DAVID F. SHAYNE, F AAAITORNEY TEL: (425) 227-2165; FAX: (425) 2;17-1007

# ;(

/ 

### CERTIFICATE OF SERVICE I hereby certify that the foregoing Complaint has been served via facsimile and/or certified mailReturn Receipt Requested this date, to the following:

COMPLAINT 

### Federal Aviation Administration (Original and one copy) 800 Independence Avenue SW Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 Fax: (202) 267-1293 William A. 

### Curtright 

### P.O. Box 1350 Jefferson, OR 97352 Dated this 19th day ofMay 2015.



### Te ·Kirk 

### I Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 (425) 227-2007

FAA v. William A. Curtright FAA Case No. 2014NM090046 Page 5 of5 DAVID F. SHAYNE, FAAATTORNEY TEL: (425) 227-2165; FAX: (425) 227-100749 U.S. Code § 46301 -Civil penalties a)GENERAL PENALTY.- (l)Aperson is liable to the United States Government for a civil penalty ofnot more than $25,000 (or $1,100 ifthe person is an individual or small business concern) for violating- (A) chapter 401 (except sections 40103(a) and (d), 40105,40116, and 40117), chapter 411, chapter 413 (except sections 41307 and 41310(b)-(f)), chapter 415 (except sections 41502,41505, and 41507-41509), chapter 417 (except sections 41703,41704,41710,41713, and41714), chapter 419, subchapter II or III ofchapter 421, chapter 423, chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719-44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), and 44908), chapter 451, section 471 07(b) (including any assurance made under such section), or section 47133 of this title; (B) a regulation prescribed or order issued under any provision to which clause (A) ofthis paragraph applies; (C) any term ofa certificate or permit issued under section 41102, 41103, or 41302 ofthis title; or (D) a regulation ofthe United States Postal Service under this part. (2) A separate violation occurs under this subsection for each day the violation (other than a violation ofsection 41719) continues or, ifapplicable, for each flight involving the violation (other than a violation ofsection 41719). (3)PENAL TY FORDIVERSION OF AVIATION REVENUES.- The amount ofa civil penalty assessed under this section for a violation ofsection 47107(b) of this title (or any assurance made under such section) or section 47133 ofthis title may be increased above the otherwise applicable maximum amount under this section to an amount not to exceed 3 times the amount ofrevenues that are used in violation ofsuch section. (4)A VIATION SECURITY VIOLATIONS.- Notwithstanding paragraph (1) ofthis subsection, the maximum civil penalty for violating chapter 449 shall be $10,000; exceptthat the maximum civil penalty shall be $25,000 in the case ofa person operating an aircraft for the transportation ofpassengers or property for compensation (except an individual serving as an airman). (5)PENALTIES APPLICABLE TO INDIVIDUALS AND SMALL BUSINESS CONCERNS.- (A)An individual (except an airman serving as an airman) or small business concern is liable to the Government for a civil penalty ofnot more than $10,000 for violating- (i) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502 (b) or (c), chapter 447 (except sections 44717-44723), chapter 449 (except sections 44902, 44903(d), 44904, and 44907-44909), or [1] chapter 451, or section 46314(a) ofthis title; or (ii) a regulation prescribed or order issued under any provision to which clause (i) applies. 

# 7(B)A civil penalty ofnot more than $10,000 may be imposed for each violation under paragraph (1) committed by an individual or small business concern related to- (i) the transportation ofhazardous material; (ii) the registration or recordation under chapter 441 ofan aircraft not used to provide air transportation; (iii) a violation ofsection 44718(d), relating to the limitation on construction or establishment of landfills; (iv) a violation ofsection 44725, relating to the safe disposal oflife-limited aircraft parts; or (v) a violation ofsection 40127 or section 41705, relating to discrimination. (C) Notwithstanding paragraph (1), the maximum civil penalty for a violation ofsection 41719 committed by an individual or small business concern shall be $5,000 instead of$1,000. (D) Notwithstanding paragraph (1 ), the maximum civil penalty for a violation ofsection 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary by an individual or small business concernthat is intended to afford consumer protectionto commercial air transportation passengers shall be $2,500 for each violation. (6)FAILURE To [2] COLLECT [2] AIRPORT [2] SECURITY [2] BADGES [2].- Notwithstanding paragraph (1 ), any employer (other than a governmental entity or airport operator) who employs an employee to whom an airport security badge or other identifier used to obtain access to a secure area ofan airport is issued before, on, or after the date ofenactment of this paragraph and who does not collect or make reasonable efforts to collect such badge from the employee onthe date that the employment ofthe employee is terminated and does not notify the operator ofthe airport ofsuch termination within 24 hours ofthe date ofsuch termination shall be liable to the Government for a civil penalty not to exceed $10,000. (b )SMOKE ALARM DEVICE PENALTY.- (1) A passenger may nottamper with, disable, or destroy a smoke alarm device located in a lavatory on an aircraft providing air transportation or intrastate air transportation. (2) An individual violating this subsection is liable to the Government for a civil penalty ofnot more than $2,000. (c)PROCEDURAL REQUIREMENTS.- (l)The Secretary ofTransportation may impose a civil penalty for the following violations only after notice and an opportunity for a hearing: (A) a violation ofsubsection (b) ofthis section or chapter 411, chapter 413 (except sections 41307 and 41310(b)-(f)), chapter 415 (except sections 41502,41505, and 41507-41509), chapter 417(except sections 41703,41704,41710, 41713, and 41714), chapter 419, subchapter II ofchapter 421, chapter 423, or section 44909 ofthis title. (B) a violation ofa regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies. (C) a violation ofany term ofa certificate or permit issued under section 41102, 41103, or 41302 of this title. 

### (D) a violation under subsection (a)(l) ofthis section related to the transportation ofhazardous material. (2) The Secretary shall give written notice ofthe finding ofa violation and the civil penalty under paragraph (1) ofthis subsection. (d)ADMINISTRATIVE IMPOSITION OF PENALTIES.- (1)In this subsection- (A) "flight engineer" means an individual who holds a flight engineer certificate issued under part 63 oftitle 14, Code ofFederal Regulations. (B) "mechanic" means an individual who holds a mechanic certificate issued under part 65 oftitle 14, Code ofFederal Regulations. (C) "pilot" means an individual who holds a pilot certificate issued under part 61 oftitle 14, Code of Federal Regulations. 

### (D) "repairman" means an individual who holds a repairman certificate issued under part 65 oftitle 14, Code ofFederal Regulations. (2) The Administrator ofthe Federal Aviation Administration may impose a civil penalty for a violation ofchapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719-44723), chapter 451, section 4630l(b), section 46302 (for a violationrelating to section 46504), section 46318, section 46319, section 46320, or section 47107(b) (as further defmed by the Secretary under section 47107(k) and including any assurance made under section 47107(b)) ofthis title or a regulation prescribed or order issued under any ofthose provisions. The Secretary ofHomeland Security may impose a civil penalty for a violation ofchapter 449 (except sections 44902, 44903(d), 44907(a)-(d)(l)(A), 44907(d)(l)(C)-(f), 44908, and 44909), section 46302 (except for a violation relating to section 46504), or section 46303 ofthis title or a regulation prescribed or order issued under any ofthose provisions. The Secretary ofHomeland Security or Administrator shall give written notice ofthe finding ofa violation and the penalty. (3)In a civil action to collect a civil penalty imposed by the Secretary ofHomeland Security or Administrator under this subsection, the issues ofliability and the amount ofthe penalty may not be reexamined. (4)Notwithstanding paragraph (2) ofthis subsection, the district courts ofthe United States have exclusivejurisdiction ofa civil action involving a penalty the Secretary ofHomeland Security or Administrator initiates if- (A)the amount in controversy is more than- (i) $50,000 ifthe violation was committed by any personbefore the date ofenactment ofthe Vision 1DO-Century ofAviation Reauthorization Act; (ii) $400,000 ifthe violation was committed by a person other than an individual or small business concern on or after that date; or (iii) $50,000 ifthe violation was committed by an individual or small business concern on or after that date; (B) the action is in rem or another action in rem based on the same violationhas been brought; (C) the action involves an aircraft subject to a lien that has been seized bythe Government; or (D) another action has been brought for an injunction based on the same violation. (5) (A) The Administrator may issue an order imposing a penalty under this subsection against an individual acting as a pilot, flight engineer, mechanic, or repairman only after advising the individual ofthe charges or any reason the Administrator relied on for the proposed penalty and providing the individual an opportunity to answer the charges and be heard about why the order shall not be issued. (B) An individual acting as a pilot, flight engineer, mechanic, or repairman may appeal an order imposing a penalty under this subsection to the National Transportation Safety Board. After notice and an opportunity for a hearing on the record, the Board shall affirm, modify, or reverse the order. The Board may modify a civil penalty imposed to a suspension or revocation ofa certificate. (C) When conducting a hearing under this paragraph, the Board is not bound by findings offact of the Administrator but is bound by all validly adopted interpretations oflaws and regulations the Administrator carries out and ofwritten agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law. (D) When an individual files an appeal with the Board under this paragraph, the order ofthe Administrator is stayed. 

# "7(6) An individual substantially affected by an order ofthe Board under paragraph (5) ofthis subsection, or the Administrator when the Administrator decides that an order ofthe Board under paragraph (5) will have a significant adverse impact on carrying out this part, may obtainjudicial review ofthe order under section 46110 ofthis title. The Administrator shall be made a party to thejudicial reviewproceedings. Findings offact ofthe Board are conclusive if supported by substantial evidence. (7) (A) The Administrator may impose a penalty on a person (except an individual acting as a pilot, flight engineer, mechanic, or repairman) only after notice and an opportunity for a hearing onthe record. (B)In an appeal from a decision ofan administrative lawjudge as the result ofa hearing under subparagraph (A) ofthis paragraph, the Administrator shall consider only whether- (i) each finding offact is supported by a preponderance ofreliable, probative, and substantial evidence; (ii) each conclusion oflaw is made according to applicable law, precedent, and public policy; and (iii) thejudge committed a prejudicial error that supports the appeal. (C) Except for good cause, a civil action involving a penalty under this paragraph may not be initiated later than 2 years after the violation occurs. (D)In the case ofa violation ofsection 47107(b) ofthis title or any assurance made under such section- (i) a civil penalty shall not be assessed against an individual; (ii) a civil penalty may be compromised as provided under subsection (f); and (iii) judicial review ofany order assessing a civil penalty may be obtained only pursuant to section 46110 ofthis title. (8)The maximum civil penalty the Under Secretary, Administrator, or Board may impose under this subsection is- 

### (A) $50,000 ifthe violation was committed by any person before the date ofenactment ofthe Vision 100-Century ofAviation Reauthorization Act; (B) $400,000 ifthe violation was committed by a person other than an individual or small business concern on or after that date; or (C) $50,000 ifthe violation was committed by an individual or small business concern on or after that date.(9) This subsection applies only to a violation occurring after August 25, 1992. ( e)PENALTY CoNSIDERATIONS.-In determining the amount ofa civil penalty under subsection (a)(3) ofthis section related to transportation ofhazardous material, the Secretary shall consider- (1) the nature, circumstances, extent, and gravity ofthe violation; (2) with respect to the violator, the degree ofculpability, any history ofprior violations, the ability to pay, and any effect on the ability to continue doing business; and (3) other matters thatjustice requires. (t)COMPROMISE AND SETOFF.- (1) (A)The Secretary may compromise the amount ofa civil penalty imposed for violating- (i) chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719-44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)-(d)(l)(A) and (d)(1)(C)-(f), 44908, and 44909), or chapter 451 ofthis title; or (ii) a regulation prescribed or order issued under any provision to which clause (i) ofthis subparagraph applies. (B) The Postal Service may compromise the amount ofa civil penalty imposed under subsection (a)(l)(D) ofthis section. (2) The Goverrunent may deduct the amount ofa civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty. (g)JUDICIAL REVIEW.- An order ofthe Secretary or the Administrator imposing a civil penalty may be reviewed judicially only under section 46110 ofthis title. (h)NONAPPLICATION.- (l)This section does not apply to the following whenperforming official duties: (A) a member ofthe armed forces ofthe United States. (B) a civilian employee ofthe Department ofDefense subject to the Uniform Code ofMilitary Justice. (2) The appropriate military authority is responsible for taking necessary disciplinary action and submitting to the Secretary (or the Under Secretary ofTransportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or theAdministrator with respect to aviation safety duties and powers designated to be carried out by the Administrator) a timely report on action taken. (i)SMALL BUSINESS CONCERN DEFINED.- In this section, the term "small business concern" has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). (Pub. L. 103-272, § l(e), July 5, 1994, 108 Stat. 1231; Pub. L. 103-305, title I,§ 112(c), title II, § 207(c), Aug. 23, 1994, 108 Stat. 1575, 1588; Pub. L. 103-429, § 6(60), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104-264, title V, § 502(c), title VIII,§ 804(b), title XII,§ 1220(b), Oct. 9, 1996, 110 Stat. 3263, 3271, 3286; Pub. L. 104-287, § 5(77), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 105-102, § 3(c)(4), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106-181, title II,§ 222, title V, §§ 503(c), 504(b), 519(c), title VII,§§ 707(b), 720, Apr. 5, 2000, 114 Stat. 102, 133, 134, 149, 158, 163; Pub. L. 106-424, § 15, Nov. 1, 2000, 114 Stat. 1888; Pub. L. 107-71, title I, § 140(d)(l)-(4), Nov. 19,2001, 115 Stat. 642; Pub. L. 107-296, title XVI,§ 1602, Nov. 25, 2002,116 Stat. 2312; Pub. L. 108-176, title V, § 503(a)-(c), Dec. 12,2003,117 Stat. 2557, 2558; Pub. L. 108-458, title IV,§ 4027(a), Dec. 17,2004,118 Stat. 3727; Pub. L. 110-53, title XIII,§ 1302(b), Aug. 3, 2007, 121 Stat. 392; Pub. L. 110-161, div. E, title V, § 542, Dec. 26, 2007, 121 Stat. 2079; Pub. L. 112-74, div. D, title V, § 564(a), Dec. 23, 2011, 125 Stat. 981; Pub. L. 112-95, title IV,§ 415(b), title VIII,§ 803, Feb. 14, 2012, 126 Stat. 96, 119; Pub. L. 113-188, title XV,§ 150l(b)(2)(B), Nov. 26,2014, 128 Stat. 2024; Pub. L. 114-190, title II, § 2205(b), July 15,2016, 130 Stat. 631.)1 

### 2 3 4 5 

### FEDERAL AVIATION ADMINISTRATION

In the Matter of: WILLIAM A. CURTRIGHT, DBA Docket No. FAA-2015-1319 6 Respondent. 7 8 9 

### 10 The litigation scheduling conference 11 via telephone in the above-entitled matter 12 commenced on Tuesday, August 9, 2016, at 1:34 13 p.m. 14 15 16 17 

### 18 19 BEFORE: THE HONORABLE J.E. SULLIVAN U.S. Administrative Law Judge

20 Reported by: Melissa G. Fleming 21 22 

### 23 24 25 

# & ,b1t 

# iD

### William A Curtright, 

## DBA 1 and the initial disclosures that I'm talking 2 about are outlined in Rule 26 of the Federal 3 Rules of Civil Procedure and that's something 4 you can find on line if you type in Rules of 5 Civil Procedure, Rule 26. 6 But just so you know, when you do 7 initial disclosures, and I'm going to give you 8 both a deadline to exchange information of 9 this type, you give the name, address and 10 phone number of each individual that you know 11 that's likely to have discoverable information 12 about the charge involved in. this case. 13 You give a copy or a description of 14 the document of anything that you have in your 15 possession, custody or control that has 16 anything to do with this particular charge and 17 the proposed fine. 18 And for the FAA, they also should be 19 giving you an explanation of why they are 20 proposing $11,000 as the penalty, what forms 21 the basis for that. 22 Those are the initial disclosures to 23 get the ball rolling so that you have an idea 24 of who is involved or who might be involved as 25 a witness for the opposing side and what they


### For The Record, Inc. (301) 870-8025 - www.ftrinc.net- (800) 921-5555 32 

### 8/9/2016

## SECTIONB Statementof Case andFactorsAffectingSanction 1. STATEMENT.OF CASE

b. 

### TheNorthwest

### ;MountainRegional Operations Center(ROC) Cll!lfacted

### fllspector 

### Martin Conroy on 6/16/14 informing

### himthat

### N949JP, aPA-18-135 ailplane, was 

### involved in an accident. The ROC identified Wtlliam

## Ames Curtright, Certif.icdeNrimber 543487756, as thepilotincommand andthe owner·ofN949JP. The loamcncfthe accident

### was at 

### Mr. Curtright's private 

### abport, Ames Airport, nearJefferson, O!egon. The accident occurred on 6/15/14. (lOP 1, 2, 3)
c. Inspector

**Co~oy**

### conducted an onsite accidentinvestigation. attll.e Ames Airporton 6/17/14. Inspector ConrOy determinedthat

### the damage to

### N949JP 

### was substantial and quali1ied as an accident. Atthattime, Inspector Conroy 

### asked Mr.

**~t**

### to provi,de this officewiththe following'documentation 

### athis 

### earliest cmvenience: aircraftweight andbalance form, airfi:ame and engine 

### maintenance logbooks, airworthiness and registration certificates, his 

### endorsement demonstrating complian.cewiththe flight review requirementofl4 CFRPart61.56. (IOP 4) d. This 11ffice mailed aletterto Mr. 

### Curtrighton 7/1114 again

### requestingthe documents itemizecLduringthe 6/17/14 sitevisit. (IOP 5)
e. Thatsame day, Mr. 

### CurtrightcontactedInspector Conroybyemail explaining tbathe neededmoretime to assembletherequested documents. (lOP 6) 

### f.



### g. On717/14, Inspector Conroyrespondedto this email correspondence again

### requesting the following missing

**docup~entation:** 

### acompleterecord ofhisflight

### reviewtbatincluded the instructor's endorsement signature; 

### aircraftweightand 

### balance record; airframe and enginemaintenance logbooks. (lOP 8)



### i. This office sent aLetter ofInvestigation (LOl) to Mr. 

### Curtright, becausehefailed to presentthis officewiththe airframe and engine maintenance logbooks forN949JP and a .,.-. 

## J_ 1 · ) 

# I f:;:"X-Jll 

## Ot

--- WlliUAM-AMES-CIJR-lRiGj,Jl . 

### 211~4NM090114S - ?_·



### ~I **t~** ID

......,..,.... Lnliii1S::I'JAII':l\ .== '- ( _
_ ...i- ;-1 --....-J 

## I/.-'t] 

### <fj_' ' 

### completerecord ofh.. 

### currentflight 

### review. TheLOI was

**dat~** 

### IJ/4/14 and sent9/5/14. 

### (lOP 10) · . 

### j.

k. 

### On 9/24/14, Inspector Conroy contactedMr. Curtright

### bytelephone. InspectorConroy asked him if

### he 

### ii!tendedto

### presentthis office withthe airframe

**~~~ engin~** 

### logbooks for N949JP

### to allowthe 

### FAA

### to concludeit$ investigation intothe accidentof6115114. 

### Mr. 

### Curtrightrespondedthatthe logbooks 

### were at

### his home in Cllll!lda

### andthathe 'I\'3S 

### not in 

### aposition

### to travel

**~ere** 

### and

### recoverthem. Inspector Co11r0ythenasked Mr. 

### Curtright 

### if he couldprovide afuture 

### date whenhe wouldbe able to 

### makethemavailableto 

### this officefor inspection. 

### Mr. Curtright

### respondedthat he didnot

**~ect**

### to

**tra~l**

### to 

### Canada anytime 

### inthenearfuture. 

### (lOP 12)

·· -- - 414NMC911114ti - ·· ··· · '

.

**~** : i ' ;

### September9,2014
MartinG. conroy AviationSafety 

### Inspector FlightStandards .Dist.

**Offi~** 3180 NW 229th

### Me. HDisboro, OR 97124 Re: EfR 

### Number2014NM09004S 

### DearSir: As explainedvia ernaH,

### theaircraft logs are.not in theUnited States;tlleyare in canada where 

## r alSo

**liv~** I

### am now awaitingthetime 

### to repairmy aircraftrepair. Incrdertc meet

### yourrequest. 1



### have emailedtlieremaining docum_ents. 

### a.nclthe Ci!rtificl!tion of

**Annuallns~ectio.~** 

### as requested tothe 

### Portland office, All

**ot~r**

### documents have been providedto you as requested. Isitpc$Sible yourpeople have natopenedyouremails to

### checkthe attachments? Theywere sentto yourPortlandoffice, If you are still 

### missing$ometbing letus·know. We hl'{e

### provided a

**~tter**

### fromthe mechanic who didtheannual ceniffcation inspection.We recentlyem

### ailedthe weightand balance but

### again we will 

### mail it

### to

**VB~.** 

### ihe eventwas on my private property. Itteakpla.ce afterlanding; therewas a 

### stee£i11g problem becauseof

### acollapsedgearwhichcaused abreakingto the left. The aircraftwas notairborne but

### inertii! and the rail on

### thefloats P1Jiil!dthe

### aircraftto the leftandintothe

**gras~** 

### thus, oor description

**of~e**

### eventwhich damaged the aircraft. Your letters indicate you have neverreceived any ofthis information whichistroubling. We 

### have providedyouthe aircraftweight and balance, airworthinessregistration certificate, and document;ltion withtheflightreview requirements and all thedocumentsyou requested.,

. yetyou 

### people aetas ifyou neverreceived those items.

We have providedto youthe documents in aspiritof

### cooperation. Again,wehope this meets your needs and praythis brings closurefor us both.



# Cx~t~~!, 

# .1] _I



# ~ ·1



# L~

**.(~;-~** . 

### Dr. W. 

### Ames Curtright
Ames ResearchLaboraiories.

## i,i;;.

**~** 

## ui9t i61 

## n

St. SB, Salem.o,;;.;usA-97302

**~--** - ·- --·-- -· ....... ,..,..,., .....,.n-

**~::"~~·** cn'l_'l.CA.?':lRn"'
..
**-~-** ....tro ____...__.,___t. _..._

### FAA NO.: N949JP Year: 1953

------ **-~--** 

### ------- ,. Certificate:

### 42137 

### ExpkaUon:2128J2015

# ·r 

# I Memorandum
To: WilliamAmes Curtright From: 

### Ben W: 

### Davidson 

### Dille: 8/2612014 Re: Annual

### InspectionN949JP 

## Bill .. ·"'·

.

**..-~.** -· _.,., ·.

**~- -~-,** .... .,.

### .... ,.....



### This 

### letter is to 

## verijjl thllt

### Icompleted

## anAnnualInspection on

### N949JP aPA-18 

### on September23nl, 2013. At

### thattimel 

### provided youwith adiscrepr.mcy list thatincluded

### an expiredbatteryinyourELTthat requiredreplacement. 

## Ifneed forther assisttmce,please do 

### nothesitate to 

### callanytime before 9pm anyday. 

### (541) 490-6980. 

# Cfff-(#Q_j Ben W: 

### Davidson A&P2855347IA

fUNI1EDSTATES CFAMERICA DepartmentafTnlnspallltion

**~~A~danAdmW~~** MEDICAL CERTIFICATETHIRD CLASS

WILI.IAM AMES CURTIUGIIT 4135PARADISE HILL lURNER OR 97392 USA

Must wearcorrective lenses. **CO~DlliONS** OF ISSUE The hafderoflhis cutificate musl:

.. Have itinhis ar

**~er** pi!ISDnaf possesslan atall times

whRe exWsillll priVileges ofan alm1an c:el!llicate. (14CFR §61.3) • Undersllnd lila! he ilsualloe ofamedical cellil!cate

byan AviallonModica! Examinermay be ravorsed by lfte FAAwll!in&U tlays. (14CFR §67

**..ro~** • Complywilh wliOiy slandanls spedlied !Drfirst,

Seaa!!ll-.and

**~illkless** medfcalcelfilicates. (14CFR § &U:S)

.. camplywi1b anystalement affi.lnelfonal,

**~ralianal,**

andlar limollmtlliGo lsoued as acondillon of certiffca11on. (14CFR §67.401) (Nale: Alel!era1aJ11horizalfon (orSODA) descnoing any such limltalions must be kept wlltllhls calfilicate alall6mesw111eere1Cislngthe pllvlleges alan aim1an certiffcal&) • Complywilhtile stmdanlslllla1ing to pmhlbllions on

aponaliandUllng medicaldeficiency. · (14CFR §§ 61.53. 63.19, and 65A9) For lntemal!onalOjiOialions Only: Some holders may be all'ecled by- -onatmecfoalsllndanls. Consult!he U.S.

**~enmau6callnformaUon** PubUcation lilr us. difl'erenceswith ICAO

**~nnox** 1medical standanls.

AEROSPACE MEDICAL CERTIFICATION DIVISION, AAM •300 FAA Civil Aeraspace Medical

**I~**

**Aen~nautical** Center eft¥, OK 73125-8914
WILLIAM AMES CURTRIGHT 4135 PARADISE HILL TURNER OR 97392 USA

Dear Airman: Above is yaur new medical cerrifiCill.e. h supersedes any previous one yau may hll\'e been

**issu~** To validate rhis certificate. iris necessary that you sign it in the space

**provid~Sd** (Airman's

**Sign~).** This certificate must be in your possession at all times while exercising your pilt\l privileg.:.!i;.

**C~led**on Tbursdav. June M.2014

# , Sonroy. Marty

### G 

## <FA.A> Ftam: Slllt: 

### To: Sul!iect: A.lt!l!:hments: 

### Marty, Please. see **att~thed.** As

### you mightrecallyoutookapict:ureoftheair-worthiness certificate wnenyoucame

**~>ut.**

### want
me to take 

### anotherpictureforyou? it

### that:was

**tape~**

### inthe

**c;o~.kpit** 

### !Inth!! wrll
. 

### AirwQrthiness,Wetdamagedreorderedfri!.sh l)ile. **!Ji;~l**

### copyftom 

### log.
I

### proVided

## a.meditalcertificateto

### you atthetime, and I

### have afresh New Medicalexam lastweek. 

### Re~llf;(J®i:iii\ent5'iiiiii0ftfi1if00iiai'l~~;wiirneeii!SO[ii'6,'fiiri~m-!11Sin. **Myt~~g,~,,il:.~~~P!~,fQta~mtl.~~m'lle\'aV\iiil'b'l!t~·~:pf,tbi~**

### we.ek.
1 

### feel sad

### forthe Peoplethat

## were lostat

### the 

### toast It's a

### hardJob,yourJob.The pain rou see 1 

### cannotimagine.Thanks 

### foryourservice and

### foryourpastservice in 

### the military. As 1 

### stood on my

### hill on

### thefourth bf

### Jlllywatchiogthe

### explosions Of

### fireworks frtlnull

**sid~.** It

### reminded me ofViet 

### NamofSheQsgoing off, 

### ofcannonfile, andthe 

### rollingthunderofArma.geddon.
It

### was different

## tormethatnight, it

### gave m.ethoughtsofwhatwasto come if

### wedonot

### changethecourseofour countrv-· Good Luck

### to you and God blessings.

· Ames 

# il IJ 

# I! li !!


### 1: 

## ,, r; " ! I! ;:

**~** ! ;; 

### ,, !' ! i



# ~10The 

### Stantlanl Pilot Lag 

### ·;a



# ~ ...., 

# W ,



# ~\1\1\. C2.



# ~ 

# c \.!-...


# "-.\.v(,~U.-\ **t}·~** 

# Pr LaglaaaUumllel'- 

# ....'manentMailingAddless \

### %."\\ \ 

## \.'"'3"5r\ "'l:.A-

.


## ~

## G Fntm---- 

# -------~~~~\~£~~~~1~~~. **w~~~~~.--------------~---------** Certificates Hefll llallng Reconl 

### lilcndi'IWe lllltlllp l)pe 

# --

- .. la-llu !::"'PLANe



### ~ek Q STUDENTPILOT 

## U:••• 1!:

**l<'f~** 

## s.
**!1~-!\~=l:JC:** •cENGINC:'

**~ ~**  

## "T~""-~ \

# .

**~M-** SPORTPILOT 0 MULTJ.CNGINE:

**[]~** OSI!A REOIII!ATIONALPILOT 

# sbl/ta14. Dfllllln-ENGINE: UmiiBdtaCOllie! Uno lhnssr PRIVATEPILOT 

### Sol\:"'>:"'1'\',:tJ:;,

**OINS~ENT** COMMERCIALPILOT OGUDER OAEROlllll'l OWINCHTOW FLIGHTINSTRUCTOR '\IRLINEll'IANSPORrPILOT 0 **PDW(lf.~~~lllfl:S,IFI'CONlROL**



### ~· **"'"~** 0 ROTORCI!AFT CO 0 G IVIATIONTECHNICIAN OLIGif!B!I.THAN·AIR OAIIISHIP OBAU.OON lROUND INSTRUCTOR 0 POWERED,LIFT l OGI BASIC 0 Gl ADVANC!D 0 Gl INSTRUMENT 0 OTHER RATINGS (Specify)

## !Conroy; MartyG(FAA) From: Sellt 

### To: Cc: Sllliject:
Mr. Ames Curtright: 

# ~~!~~t:=

# .. **··~!!~'~-""·•••>.••**

## ..2;27 

### PM

**~m~es** Curtright' Mcl<ibbon, BillJ (FAA};. 'lewis lar.ry' Re N949JP lnfomiation

Ido have 

### a photograph oftheairworthiness certificate, and 1 do not need another. 

### 1.<Ianeed 

### a.I;Oilljlleteteeord ofyoUr

### flight **iiv.J~tl:illt!iltliiil~Jie iiiiitril~fs** **emf(J~tnentsi(iifl!ture.**

**~** 

# - 

# -- --

**Pie~ ~\!Jd.~J!'I!!**  adate

**t~at** 1 can in$ectthi!l **airciliftwei'g'iitjilli'ia'nGE!'ilitlf~ltfiiiiiiiterigiritmlliitenance-iiigliii.oJcs.** Thank'Vi)i.l: ··· · -OriginalMessage--- 

### From: **vtlilliiifti:Ami!Si~rtright**

### lmalliD:ames@amesresearch.coml Sent: **Mimd~~lll\t07;'20141l;l.57**AM . . ... . . To: COnroy, Marty G(fAA) Subject: N949-JP Information Marty, Please see attached. As you might recall you took 

### a pict.ure of 

### the air-wGrthi"esscertiffcate when you came out, 

### want me to take another picture foryou? itthatwastaped inthe cockpitonthewall. Airworthiness; Wet damaged reordered fresh one. BI-Annual copyfrom log. I provided amedical certificate to you atthe time, and Ihave afresh New MedeaIe!ilrri lastweek. Rest

### Of

### Documentsare north

**irt.Ga~~adll kii$W(IIn~d.~me'ttriii!-tl1gijttii•in;**  Mytraveti11g$tilte is

**~**

## iiltli'r.il;ipeilforabit
**fwllinbt.~~e** 

### iilllillabletliihe5toftliisweel<. Ifeel sad forthe Peoplethat were lostatthe coast. It's ahardJob, yourJob.Thepain yousee Icannot imagine. 

### Thanks for yourservice and foryour pastservice in the military. As 1 stood on my hill on the fOurth ofJulywatchingtheexplosionsoffireworksfromall sides. It reminded me ofViet Nam ofShellsgoing off, of

**canJ~on**file, andthe rolling

**thuJ~der**

### ofArmageddon. It was differentfor me that night, itgave me thoughts ofwhat was to come ifwedonot change the course of

**~ur** country. Good Lucktoyou and God blessings
.



### . Ames

1) 

### ---·------------------.

### -- ......--- . 

### C9ni'Qy, MartyG(FAA) From: Sent: PM To: Subject: 

### N949JPtnformatian Attachments:



### ~iifiii\~-~r;**2~ft.m~i!H!!!~Ji!E!,Ilti!!ri ~i.!liC!!ipdt**  .... 

### To: FAA Marty, It

### was 

### apleasure to me!J!t you atAmes Ralli:h. 1



### ha~;e.n.v~**f."\IU~~e.~·~· ~~~l\,11,!1ot~~~,r~!l,l~.~:l~!Jl9..~;!W~.W~~!,1,\!~~~~)I:I~Wt9:iiP'tllis'yeer,**  butas

## vou suggested Idid loi:ateWh6

### U.1uthe 

### ai'iiiuii!

**aiill'g(il~**

### liiffl!rto"iitii!ef1f.Oti.iijeeds

**asv~~** 

### requested. Ihave·been very busywith the.patri'oti£event 1 had

## fgttpl//ga,theringpftheeagles.com/1; nowthatitis over, I havehad a llnie bitllfQretime. KeepingAmeritasafefor

**democrc~cy,**

### Sel!mU$ we are

**gai~gto** 

### haveto continue.ourbattlefiir freedomWillneverend. The sacrificeofourbrothers, .who died, 

### we mustnotfoJillt. Thus wecontinue.forthem. U 

### Tubesare em line. Worth watching. Warmestand best,

or. W. Ames

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··--··-·---- -··-····--------------. 1In The Matter of: 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, D.C.

Docket No. FAA-2015-1319 WILLIAM A. CURTRIGHT,DBA Case No. 2014NM090046 Respondent Judge J.E. Sullivan

ORDER GRANTING RESPONDENT'S MOTION FOR SUMMARY JUDGMENT IT IS HEREBY ORDERED: That Respondents Motion For Summary Judgment is herein granted in its entirety, with prejudice.

I, Judge J.E. Sullivan, grant Respondents' Motion for Summary Judgment in its entirety, with prejudice.

dated this
__day of
_______ _, 2016.

Judge J.E. Sullivan U.S. Administrative Law Judge

Attachment: Service List Pagel of 1 ORDER GRANTING RESPONDENT'S MOTION FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 William A. Curtright,DBA Respondent Telephone: (5031209-7388 Fax (503}485-0812

### Docket No. FAA-2015-1319 (Civil Penalty Action)



### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration (Fax and Certified First Class Mail) Attn: Hearing Docket Clerk, AGC-430 800 Independence Avenue SW Washington, DC 20591 Wilbur Wright Building, Suite 2W1000 Fax: (202) 267-1293 ONE COPY Judge J.E. Sullivan (Fax, Email, and Certified First Class Mail) U.S. 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: 202-366-7536 David F. Shayne, FAA Attorney (Fax, Email, and Certified First Class Mail) Complainant's Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Ave. SW Renton, W A 98057 TEL: 425-227-1847

Page2 of 1 ORDER GRANTING RESPONDENT'S MOTION FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812William A. Curtright Respondent PO Box 1350 Jefferson, OR 97352 Telephone: (503) 209-7388 Fax: (503) 485-0812

In The Matter Of: 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Docket No. FAA-2015-1319 WILLIAM A. CURTRIGHT, DBA Case No. 2014NM090046 Respondent Judge J.E. Sullivan

REQUEST FOR A RULING ON MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT COMES NOW Respondent, William A. Curtright, DBA respectfully requests for a ruling under Federal Rules ofCivil Procedure 78(b) on Respondents Motion and Memorandum for Sunnnary Judgment against Complaint ofF AA Administrator Michael P. Huerta, Administrator, Federal Aviation Administration (the "Administrator" or Complainant") in the above referenced Case.
Respectfully submitted thisdt-tty ofOctober 2016

Dr. Wm Ames Curtright, DBA

RESPONDENT'S REQUEST FOR A HEARING ON MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 1 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax(503)485-0812

### Docket No. FAA-2015-1319 (Civil Penalty Action)



### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration (Fax and Certified First Class Mail) Attn: Hearing Docket Clerk, AGC-430 800 Independence Avenue SW Washington, DC 20591 Wilbur Wright Building, Suite 2Wl000 Fax: (202) 267-1293 ONE COPY Judge J.E. Sullivan (Fax, Email, and Certified First Class Mail) U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, SE (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 David F. Shayne, FAA Attorney (Fax, Email, and Certified First Class Mail) Complainant's Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 TEL: 425-227-1847

RESPONDENT'S REQUEST FOR A HEARING ON MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT Docket No. FAA-2015-1319 Case No. 2014NM0046 Page 2 William A. Curtright,DBA Respondent Telephone: (503) 209-7388 Fax (503)485-0812In The Matter of: 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, D.C.

Docket No. FAA-2015-1319 WILLIAM A. CURTRIGHT, DBA Case No. 2014NM090046 Respondent Judge J.E. Sullivan

ORDER GRANTING RESPONDENT'S REQUEST FOR A RULING ON RESPONDENTS MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT IT IS HEREBY ORDERED:
That Respondents request for a Ruling pursuant to Federal Rules of Civil Procedure 78{b) on Respondents Motion and Memorandum For Summary Judgment is herein granted.

I, Judge J.E. Sullivan, grant Respondents request for a Hearing on Respondents Motion and Memorandum for Summary Judgment.

dated this
__ day

**of------~** 2016.

Judge J.E. Sullivan U.S. Administrative Law Judge

### Docket No. FAA-2015-1319 (Civil Penalty Action)



### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration (Fax and Certified First Class Mail) Attn: Hearing Docket Clerk, AGC-430 800 Independence Avenue SW Washington, DC 20591 Wilbur Wright Building, Suite 2Wl000 Fax: (202) 267-1293 ONE COPY Judge J.E. Sullivan (Fax, Email, and Certified First Class Mail) U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, SE (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 David F. Shayne, FAA Attorney (Fax, Email, and Certified First Class Mail) Complainant's Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 TEL: 425-227-1847