U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION 

# RE;CEIVED MAR 1 12013 

# HEARING DOCKET

FEDERAL AVIATION ADMINISTRATION, FAA DOCKET NO.: FAA-2012-1262 CASE NO: 2011S0190332 Complainant,
vs. AERIAL CROP PROTECTION, Respondent.



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ANSWER AND AFFIRMATIVE DEFENSES Respondent, AERIAL CROPPROTECT!ON ["Aerial Crop"],pursuantto 14 CFR §13.209, hereby files this Answer and Affirmative Defenses to Complaint filed by the Complainant, FEDERAL AVIATION ADMINISTRATION ["FAA''], and says: 1. Admitted. 2. Without knowledge. 3. Admittedthaton said date Respondent, Aerial Crop, did nothave avalid agricultural aircraft operator certificate. 4. Admitted that a discussion took place. All other provisions not specifically admitted are hereby denied. 5. Admitted that a discussion took place. All other provisions not specifically admitted are hereby denied. 6. Admitted that Respondent, Aerial Crop, performed commercial aerial chemical operations in western Palm Beach County, Florida. All other provisions not specifically admitted arehereby denied. 7. Denied. Federal Aviation Administration vs. Aerial Crop Protection FAA Docket No.: FAA-2012-1262 Case No: 2011S0190332 Answer and Affirmative Defenses Page 2 of4

8. The statute speaksforitself. All otherprovisionsnot specificallyadmittedare herebydenied. 9. Denied. AFFIRMATIVE DEFENSES 10. First Affirmative Defense. Respondent, Aerial Crop, affirmatively asserts the defense of estoppel. As confirmed in the Complaint, the Petitioner, FAA, discussed the issue with Respondent. Factually, Respondentmade an applicationwithPetitionerapproximatelythree andone-halfyears before Petitionerwentto Respondent's facility. Petitioneracknowledged that 

### it delayed the application process because it did not have enough personnel to process Respondent's application and ultimately unilaterally closed the application file without addressing the issue with Respondent. During the on-site meeting, when Petitioner spoke with Respondent, it did not direct that Respondent cease it's operation. Thus, the Petitioner allowed Respondent to continue its operations while Petitioner sought to clean-up its administrative issues. Based thereon, the Petitioner is estopped from now asserting that Respondentis in violation ofanyrule orthat it shouldbe fined. Accordingly, the Complaint should be avoided. 11. Second Affirmative Defense. Respondent, Aerial Crop, affirmatively asserts the defense**·~** Federal Aviation Administration vs. Aerial Crop Protection FAA Docket No.: FAA-2012-1262 Case No: 2011S0190332 Answer and Affirmative Defenses Page 3 of4 of unclean hands. Respondent realleges the factual assertions as set forth in the First Affirmative Defense and incorporates them herein. Based thereon, the allegations in the Complaint should be avoided. 12. Third Affirmative Defense. Respondent, Aerial Crop, affirmatively asserts the defense of bad faith. Respondent realleges the factual assertions as set forth in the First Affirmative Defense and incorporates them herein. Based thereon, the allegations in the Complaint should be avoided. SUBMITTED this 

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J. FIELDS, SR. CERTIFICATE OF SERVICE I HEREBY CERTIFYthat a copy ofthe foregoing was servedby U.S. Mail and Facsimile upon: Andrea Michelle Harper, Esquire, Senior Attorney, Federal Aviation Administration, Office ofthe Regional Counsel, AS0-7, Post Office Box 20636, Atlanta, Georgia 30320 (Facsimile: 404- 305-5223);theHonorableJ.E. Sullivan, DOT,AdministrativeLawJudge, OfficeofHearings,M-20, 1200NewJerseyAvenue, S.E. (E11-310), Washington, D.C. 20590 (Facsimile: 202-366-7536); and the Federal Aviation Administration, Hearing Docket, AGC-430, ATTN: Stephanie McClain, 800 Independence Avenue, SW, Wilbur Wright Building, Suite 2W1000, Washington, D.C. 20591

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(Facsimile: 202-493-5020), on this 2--

# rFederal Aviation Administration vs. Aerial Crop Protection FAA Docket No.: FAA-2012-1262 Case No: 2011SOI90332 Answer and Affirmative Defenses Page 4 of4**dayofH_~** '2013.
PRESTON J. FIELDS, P.A. Attorneys for Respondent 11211 Prosperity Farms Road, Suite C-301 Palm Beach Gardens, Florida 33410 Telephone: (561) 799-9910 Facsimile: (561) 799-0388

PRESTON J. FIELDS, SR. Florida BarNumber: 0867616 E-mail: pjfields@southernlawfirm.com \\Cp2-server\cpshare\CPWIN\HISTORY\121121_0001\7D9.09\pjt\163-0 12c-Doc.8