©(SOW 

U.S. DEPARTMENT OF TRANSPORTATION | 

OFFICE OF HEARINGS 

WASHINGTON, D.C. APR 2 1 2011 

HEARING DOCKET IN THE MATTER OF 

AIRLINE TRANSPORT PROFESSIONALS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

[Judge Ronnie A. Yoder] 

FDMS FAA-2011-0288 ^^ 

PURPORTED RESPONDENT'S S ^ ri:: ^^^i 

MOTION FOR AN EXTENSION OF TIME Z c '^ ^ 

COMES NOW, Airline Transport Professionals, Inc., and to the extent it is iit|plied3ivE;=H 

this litigation that it is the Respondent in this action, and moves for an Order extending4j:ie tijnfe 

for the purported Respondent to file its Answer, Motion to Dismiss or other responsive pleadings 

showing this Court as follows: 

1. On March 19, 2011 at 1:37 p.m., the purported Respondent was first served the 

FAA's Complaint in FAA 2008EA-210042 as confirmed by Exhibit C attached to 

hereto to this Motion; and 

2. 14 C.F.R. § 13.209(a) provides for 30 days to file an answer after service, and 

service was first perfected on April 19, 2011. 

WHEREFORE, the purported Respondent prays as follows: 

1. That the purported Respondent, Airline Transport Professionals, Inc. have until 

Thursday, May 19, 2011 to file its Answer, Motion to Dismiss or other responsive 

pleadings; and 

2. That this Court vacate footnote no. 1 in the third paragraph its Order of April 13, 

2011 to the extent that the purported Respondent is foreclosed from filing an 

answer or an amended answer after May 13, 2011; and 

- 1 -
3. That the purported Respondent has such additional and further relief as this Court 

deems just and proper on the premises. 

Respectfully submitted this 19'" day of April 2011. 

Alan Armstrong 

Georgia Bar No. 022075 

Attorney for Airline Transport 

Professionals, Inc. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suit3e 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan(a),alanarmstronglaw.com 

2 -
04/19/2011 13:37 4043055223 FAA REGIONAL COUNSEL PAGE 01/08 

O 

U.S. Department Southern Region p Q QQ^ 20636 

of Transportation Office of the Regional Counsel Atlanta, Georgia 30320 

Federal Aviation (^CM) 305-5200 

Administration (404)305-5223 FAX 

MAR 3 1 2011 

CERTIFIED - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Attn: Hearing Docket Clerk 

AGC-430, Suite 2W1000 

Wilbur Wright Building 

Washington, DC 20591 

Re: In the Matter of Airline Transport Professionals 

FAA Case No. 2008EA210042 

Enclosed herewith please find a copy of a request for bearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Richmond, Virginia area, and 

expects that the hearing will last two days. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 

Enclosures 
04/19/2011 13:37 4043055223 

FAA REGIONAL COUNSEL 

PAGE 02/0 8 

(770) 45I-001O 

FAX (770) 4.5l-03<7 

AJ.AK ARMSTRONG 

ATTOSNEY AT LAW 

PA-HK; RSar-E. a n omc E PAF K 

BTJILr>Q>C =,. aaOO CllAMTlLEK-TUCKER RQAU 

ww-ilicurnutrongliwcom 

March 10,2011 

Via Regifiar Mail 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, D.C- 20591 

Attn: Hearing Docket Clerk AGC-430 

Wilber Wright Building 

Suite 2W1000 

Re: Administrator v. Airline Professionals, Inc. 

FAA Case No. 2008EA210042 

Dear Sir or Madam: 

Enclosed please fmd an original and two copies of the Request for Hearing regarding the 

abovc-captioned matter. Please file the original and one copy with the FAA and return a datestamped copy to mc in the enclosed envelope for your convenience. 

Thank you for your assistance with this matter. 

Sincerely, 

Alan Armstrong 

AA/scb 

Enclosures 

EB 

MAB 1 7 2011 ^ 

••• U COUNSEL 
.... 4.4.055223 FAA REGIONAL COUNSEL P^GE 03/08 

04/19/2011 13:37 4043055223 

UNITED STATES OF AMERICA 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

RANDOLPH BABBIT, Administrator, ) 

) 

Complainant, ) 

) 

V. ) FAA Case No. 2008EA210042 

) 

AIRLINE TRANSPORT ) 

PROFESSIONALS. INC., ) 

) 

Respondent, ) 

REQUEST FOR HEARING 

COMES NOW Airiinc Transport Professionals, Inc., the Respondent in the 

above-referenced matter and the entity named in the Final Notice Of Proposed Civil 

Penalty in FAA Case No. 2008EA210042 attached hereto as Exhibit A and within 15 

days of the issuance of the aforesaid Final Notice Of Proposed Civil Penalty requests a 

hearing in accordance with 14 CFR §13.16(g)(2). In making this request for a hearing in 

accordance the foregoing regulations. Airline Transport Professionals, Inc. does not agree 

that the Federal Aviation Administration gave timely notice of the purported violation 

within two years as required by 14 CFR § 13.208(d), for the reason that the owner of the 

subject aircraft, N304BK was not Airline Transport Professionals, Inc., a matter that was 

apparent from the FAA's own records. Furthermore, Airline Transport Professionals, 

Inc. was not the operator of N304BK. Because the FAA failed to give timely notice 

within 2 years of the purported violation, the respondent herein reserves the right to move 

to dismiss this case because it is stale under 14 CFR § 13.208(d). Respondent also 
.,ns/2a u 13:37 ««e5.2. 3 r^REOIO^CO ^ 

reserves the right to move to dismiss this claim because it is not the real party at interest. 

The Respondent reserves any and all other defenses as may apply. 

The Respondent requests an evidentiary hearing before an Administrative Law 

Judge as provided in 14 CFR § 13.16 and any all similar or parallel or complimentary 

regulations promulgated by either the Department of Transportation or the Federal 

Aviation Administration 

WHEREFORE, Respondent respectfully prays as follows: 

1, That the Respondent have and receive an evidentiary hearing before an 

Administrative Law Judge in accordance with 14 CFR § 13.16 or any and 

all Other pertinent regulations promulgated by the Department of 

Transportation 2uid/or Federal Aviation Administration; and 

2, That at the appropriate time, upon an appropriate motion and briefing, that 

these proceedings be dismissed because neither of the "owner" nor 

"operator" of N304BK was notified wiUiin 2 years of the date of the 

alleged violation as required by 14 CFR § 13.208(d)i and 

3, That these proceedings be dismissed. 

[Signature on Next Page] 
04/19/2011 13:37 4043055223 FAA REGIONAL COUNSEL PAGE 85/08 

Respectftilly submitted this ' ^ day of March, 2011, 

Alan Armstrong 

Georgia Bar No. 022075 

Aftprneyfor Respondent 

Airline Professionals, [nc. 

Alan Amtstrong Attorney at Law 

2900 Chamblee Tucker Road 

Buildings, Suite 350 

Atlanta, Georgia 30341 

Phone: 770.451.0313 

Fax: 770.451.0317 

alan(^,alanarmstronglaw.com 
04/19/2011 13:37 4043055223 FAA REGIONAL COUNSEL PAGE 06/08 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Airline Transport Professionals 

Respondent, 

FAA Docket No. 

Judge 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R, 13.208), and states as follows: 

I. 

1. On February 25, 2011, Respondent, Airline Transport Professionals (ATP) was 

advised through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil 

penalty in the amount of $32,000. On March 10, 2011, the Agency Attorney received a written 

request for a hearing from the Respondent. 

II. 

1. On or about the following dates. Airline Transport Professionals operated a Piper 

PA-44 aircraft, identification number N304BK: 

a. September 9, 2008; 

b. September 15, 2008; 

c. September 17, 2008; 

d. September 18,2008; 

e. September 19, 2008. 
04/19/2011 13:37 4043055223 FAA REGIONAL COUNSEL PAGE 07/08 

2. On or about September 8,2008, the number one and/or number two 

communication radios were inoperative. 

3. On or about September 15, 2008, Airline Transport Professionals performed 

maintenance on the number two communication radio. 

4. However, Airiinc Transport Professionals failed to ensure that maintenance 

personnel made appropriate entries in the aircraft maintenance records indicating the aircraft had 

been approved for return to service, 

5. In addition, Airline Transport Professionals failed to ensure that the maintenance 

record entry required by Sections 43.9 or 43.11, as applicable, of the Federal Aviation 

Regulations had been made. 

III. 

6. As a result, you violated the following sections of the Federal Aviation 

Regulations: 

a. Section 9 \ .405(a), which states that each owner or operator of an aircraft shall 

have that aircraft inspected as required by Subpart E of Part 91 or the Federal Aviation 

Regulations and shall between required inspections (except as otherwise provided) have 

discrepancies repaired in accordance with Part 43 of the Federal Aviation Regulations. 

b. Section 91.405(b), which states that each owner or operator of an aircraft shall 

ensure that maintenance persotuiel make appropriate entries in the aircraft maintenance records 

indicating the aircraft has been approved for return to service. 

c. Section 91.407(a)(2), which states that no person may operate an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless the 

maintenance record entry required by Sections 43,9 or 43.11, as applicable, of the Federal 

Aviation Regulations has been made. 

7. Pursuant to 49 U.S.C. Sections 4630l(a)-(d), Respondent is subject to a civil 

penalty not to exceed $25,000 for each of the violations alleged. 

8. Under the facts and circumstances of this case, a civil penalty of $32,000 is 

appropriate. This amount includes consideration of Respondent's corrective action. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $32,000. 

Respectfully submitted this Q5' da T y of March, 2011. 

^ 

GERALD A. ELLIS 
04/19/2011 13:37 4043055223 FAA REGIONAL COUNSEL PAGE 08/08 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to File a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint (F/LA Case No. 2008E/*L2 10042) has 

been mailed this date by Certified Mail, Return Receipt Requested, to the following; 

Federal Aviation Administration (original -i-1 copy) 

800 Independence Avenue, SW 

Attn: Hearing Docket Clerk 

AGC*430, Suite 2W1000 

Wilbur Wright Building 

Washington, DC 20591 

Alan Armstrong, Esq. (I copy) 

Park Ridge 85 Office Park 

Building 5 

2900 Chamblee-Tuckcr Road 

Atlanta, GA 30341 

McDO"\ 

Legal Assistant 

Office of the Regional Counsel 

IHAR 3 1 201^ 

Dated " 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

AIRLINE TRANSPORT PROFESSIONALS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

[Judge Ronnie A, Yoder] 

FDMS FAA-2011-0288 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing PURPORTED RESPONDENT'S MOTION FOR AN 

EXTENSION OF TIME has been served via Federal Express and Facsimile to: 

Gerald A. Ellis, Esq. 

Federal Aviation Administration 

Office of Regional Counsel 

1701 Columbia Avenue, Room 530 

College Park, Georgia 30037 

,th Respectfully submitted this 19"^ day of April 2011 

Alan Armstrong 

Georgia Bar No. 022075 

Attorney for Airline Transport 

Professionals, Inc. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Buildings, Suite 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan@alanarmstronglaw.com 

3-