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U.S. DEPARTMENT OF TRANSPORT A~· · 

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. "'ll. FEDERAL AVIATION ADMINISTRATI ECEIVED · l. o WASHINGTON DC 

ADMINISTRATOR, 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

v. 

GOJET AIRLINES LLC, 

Respondent. 

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' SEP 2 ~ 2012 

HEARING DOCKET 

FAA Case No. 2012CE030041 

RESPONDENT'S ANSWER 

COMES NOW Respondent GOJET AIRLINES LLC, by and through counsel, 

and hereby files its answer to the Complaint (attached as Respondent's Exhibit A) dated 

September 10,2012 in connection with FAA Case No. 2012CE030041. 

Respondent states as follows: 

I. 

1. Admit 

II. 

1. (a) Admit 

(b) Admit 

(c) Admit 

2. (a) Denied 

(b) i. Denied 

ii. Denied 
(c) Denied 

3. Denied 

4. Denied 

Ill. 

1. Denied 

2. Denied 

3. Denied 

Further, Respondent denies violating any of the Federal Aviation Regulations cited by 

the Administrator; 

Further, any matter not specifically admitted by Respondent shall be deemed denied. 

AFFIRMATIVE DEFENSES 

1. FAA enforcement action against carriers for encouraging employee Aviation 

Safety Action Program ("ASAP") submission is against FAA published guidance 

encouraging participation from employees. The FAA's published guidance, as 

set forth in Advisory Circular ("AC") 120-:-668 (November 15, 2002), providesthat 

neither the written ASAP report nor the content of the written ASAP report will be 

used to initiate or support company discipline or as evidence for any purpose in 

an FAA enforcement action. 

2. Bringing an enforcement action based upon information that was voluntarily and 

properly disclosed in ASAP is a direct violation of the FAA's published guidance 

and therefore arbitrary and capricious and an abuse of discretion. 
3. The sanction sought in the Administrator's Complaint is not in accordance with 

FAA precedent, nor its published guidance. 

4. The regulations cited by the Administrator in the Complaint are unconstitutionally 

vague and therefore they deny the Respondent due process of law as 

guaranteed by the Constitution of the United States. 

5. Respondent reserves the right to amend his answer and/or to add additional 

affirmative defenses as Administrator's claims are more fully disclosed in the 

course of this litigation. 

WHEREFORE, Respondent respectfully requests that the Administrator's Complaint be 

dismissed. 

Dated: September 21, 2012 

Res;;;~ 

~iA. Hayes Ill 

Vice President and General Counsel 

Trans States Holdings, Inc. 

11495 Navaid Road 

Bridgeton, MO 63044 

(314) 222-4316- Telephone 

(314) 222-4311 -Facsimile 

d hayes@transstates. net 

Attorney for GoJet Airlines LLC 
CERTIFICATE OF SERVICE 

I hereby certify that I have this day served the foregoing document on the 

following parties at the address and method indicated below: 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2W1000 

Mr. David Kessler, Esq. 

Federal Aviation Administration 

Central Region 

ACE-7, Room #506, DOT Building 

901 Locust St. 

Kansas City, MO 641 06-2641 

Dated this 21st day of September, 2012. 

Original- FedEx 

One (1) Copy- Fed Ex 
U.S. Department 

of Transportation 

Federal A viatioo 

· Administration 

In Reply Refer To: ACE-7 

2012CE030041 

VIA FACSIMILE AND REGULAR MAIL 

September 10, 2012 

Hearing Docket 

Federal Aviation Ad · 1stration 

800 In~wenden v~nue SW 

Washingto 20591 

· Atti:i: earirig Docket Clerk; AGC-43{) 

Wilbur Wright Building, Suite 2Wl000 

Re: . In the Matter of GoJet Airlines, LLC 

Case No. 2012CE030041 

Office of Regional Counsel 

901 Locust, Room 506 

Kansas City, MO 64106-2641 

RECEIVED OFRCE OF 

DAVID HAYES 

SEP 12 2012 

VICE PRESIDENT AND 

Area Code: 816-~ COUNSEL 

~~. . . ... .. ,. '.'<.···· ·:1'.:•: · ··; 'i'<:o'.•.' · · , .. ~ \, . 

Enclosed herewith please fmd a copy of a request for a hearing 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 St. Louis, Missouri, and expects that the 

hearing will last one day. 

Please address all communications for the FAA to David B. Kessler, Federal Aviation Administration, 

Central Region, ACE-7, Room 506, DOT Building, 901 Looust, Kansas City, .MO 64106-2641. 

Sincerely, 

A. Lester Haizlip 

Regional Counsel 

By: 

Enclosures 

cc: Richard A. Leach / 

David J. A. Hayes III, Esq. v 

:~· . . . .. 

.... · ........ . 
. In the Matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

Served:. September 10, 2012 

FAA Docket No. 

FAA Case No. 2012CE030041 

_G_o_Je_t _A_ir_li_ne-'s,:...,, L-'L-'C ________ ___. Judge Not 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. 

·:· .· ;....,:· .... _:>·' .... ~~£~ .. -~;:-~··: .. :-···.~;.;::····.::. · . .. :.·=· ·. -;~;:.:· .. : .. ·.~~·;:~:-:~;~~: ... ·.·~·._:: .... ~:· .... '.".; 

I. On May 23, 2012, Respondent GoJet Airlines LLC (GJA) wa8 &.dviSed through a Notice of . 

Proposed Civil Penaity that the FAA proposed to assess a civH penaltY in the amount of $11 ,ooo. on 

August 20, 2012, Respondent submitted a written request for a hearing. 

II. 

1. At all times hereinafter mentioned, GoJet Airlines, LLC (GJA): 

a. Held Air Carrier Certificate Number N6W A249L; 

b. Operated Civil Aircraft N173GJ, a Bombardier Canadair CL-600-2CIO, used by GJA 

under FAR Part 121 on passenger-carrying revenue operations; Jllld 

· · c. Contracted Trans States Airlines (TSA) mechanics to perform on-demand maintenance 

onN173GJ. 

2. On or about February 29,2012, TSA mechanics: 

a. Performed on-demand maintenance on: Nl7~0J' following a left hand wing strike; . 

b. Referenced the above maintenance was oompleted in accordance with Bombardier's: 

i. Repair Engineering Order (REO) 670-57-00-051 Rev; and 

· ii. Memo ISE-STR-12-019 Rev NC. 

c. Returned N173GJ to service. 

3. TSA mechanics did not perform the required maintenance noted in paragraph 2(bXii) above. 

4. As a result of the above, GJA failed to properly perform maintenance on Nl73GJ by failing to . . 
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verify TSA mechanics accomplished required procedures in accordance with the current manufacturer's 

maintenance manual. 

m. 

1. By reason ofthe foregoing facts and circumstances, Respondent violated Section 43.13(a) (by 

virtue of Section 43.13(c)) of the Federal Aviation Regulations, which states in relevant part, that each 

person performing maintenance, alteration, or preventive maintenance on an aircraft, engine, propeller, or 

applian~ shall use the methqds·'· teclmiq~ .. ~d_.p~~~es,Jl~~ri¥,d .. ~ ~~·f¥f~~~t ,~~lWf~~:f.;~ .. ·: ·:·"· .,,, .. · • ·• ' ,' • • • ' • e ' ' ~ • ' • ':•' ' 

maintenance manual or instructions for Continued Airworthiness prepared by its manufacturer, or oth~· ·. 

methods, techniques, and practices acceptable to the Administrator. 

2. Pursuant to Title 49 U.S.C. 46301, Respondent is ~bject to a civil penalty not to exceed 

$11,000 for each of the violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of$11,000 is appropriate. 

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 $11,000. 

Dated this 1Oth day of September, 2012. 

Respectfully submitted, 

A. Lester Haizlip 

Regional Counsel 

By: 

'/r!avid B. Kessler 

. Attorney for Complainant 

Fed~lal Aviation Administration 

901 Locust St., Room 506 

Kansas City, MO 641 06"2641 

816"329"3763; Fax (816) 329"3771 

. .... . : ' ' ' . ~ :.,. 
r . ...,. -. 

Answer 

Section 13.209(a) of the Rules of Practice in FAA Civil Penalty Proceedings states, "A respondent shall 

file a written answer to the complaint, or may file a written motion pursuant to Section 13.208(d) or 

Section 13.218(f)(l-4) instead of filing an answer, not later than 3.0 days after service of the complaint. 

Section 13.209(f) states, "A person's failure to file an answer without good cause shall be deemed an 

admission of the truth of each allegation contained in the complaint. 

·-.v•. ·~ ,: "·.,_; .. 

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GoJetAirlines LLCt FAA Case No .. 2012CE030041 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date sent by facsimile, and placed in the United States mail, a 

copy of the Administrator's Complaint, addressed to: 

'•· 

Mr. Richard A. Leac~ CEO 

GoJet Airlines LLC 

11495 Navaid Rd. 

Bridgeton, MO 63044 

David J.A':~my~s' tti;-~ ;;;;: 

Trans States Holdings · 

ll49S.NavaidRd. 

Bridgeton; MO 63044 

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. In addition, I hereby certify that I have this date sent a copy by facsimile and placed in the United 

States mail, the original and one copy, addressed to: 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket qerJc, AGC-43 0 

Wilbur Wright Building, Room 2Wl 000 

A~~ PanUegalSpecuui~ 

Dated this lOth day ofSe~wmber,2012. .· ... ), ~ ... ,:.: .· 

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