;MR]MENT OF 

COPY 

•L^ OPERATiGNSUNiTED STATES OF AMERICA CEIVED 

FEDERAL AVIAT 

•Oil m ! ! p > 33 WASH: 

RANDOLPH BABBIT, Administrator, 

Complainant 

AIRLINE TRANSPORT 

PROFESSIONALS, INC., 

ON ADMINISTRATION 54AR 2 9 26tl 

NGTON,D.C. I ir-AP^»a. ^ -^ 

lEARfNGOOCKET 

FAA Case No. 2008EA210042 - ^ ^ 2.011 - O 2 7 

F A A Case No. 2008EA210045 f^ A aC>ll-0^^ ^ 

[no Jiidge assigned] 

Respondent. 

RESPONDENT'S RESPONSE TO COMPLAINANT'S 

MOTION TO STRIKE RESPONDENT'S TIMELINESS ARGUMENT AND 

MOTION FOR STAY OF PROCEEDINGS PENDING A DECISION ON THIS MOTION 

COMES NOW, Airline Transport Professionals, Inc. (incorrectly identified in the FAA's 

pleadings as "Airline Transport Professionals" and for its Response to the FAA's Motion to 

Strike and Motion Stay Proceedings ("Motion to Strike") served March 17, 2011 shows as 

follows: 

I. 

THE FIFTH AMENDMENT TO THE 

UNITED STATES CONSTITUTION WILL NOT PERMIT 

THE COURT TO GRANT THE FAA'S MOTION TO STRIKE 

The FAA's Motion to Strike and to Stay served March 17, 2011, is premature. It violates 

Respondent's right to due process of law guaranteed by the Fifth Amendment to the Constitution 

of the United States of America. Further, the FAA's Motion to Strike and Stay is a blatant 

attempt to deny the Respondent its right under the Fifth Amendment to the United States 

Constitution and 14 C.F.R. § 13.208(d) to move for dismissal of these proceedings as they are 

time barred, a fact which is undisputed by a comparison between the FAA's own Enforcement 

Investigative Ren-^rts (Respondent's Exhibit 1 and 2) and the FAA's Notices of Proposed Civil 

-1 -
Penalty (Government Exhibit 1 and 2). Further, the proper name of the "respondent" does not 

appear on either of the notices of proposed civil penalty marked Govenmient Exhibits 1 and 2. 

The correct procedure to follow (and the procedure that ensures due process under the 

Fifth Amendment) is set forth in 14 C.F.R. § 13.208. The FAA files a Complaint under 14 

C.F.R. § 13.208(a), and then the Respondent may file an Answer under 14 C.F.R. § 13.209(a); or 

the Respondent may move to dismiss the allegations as time barred under 14 C.F.R. § 13.208(d). 

What the FAA is attempting to do with its Motion to Strike is to deny the Respondent its right to 

set up £in affirmative defense or to move for a dismissal. This "preemptive strike" on the part of 

the FAA, if sustained by the Court, will deny the Respondent the right to due process of law 

guaranteed by the Fifth Amendment to the United States Constitution. 

Regretfially, by filing the Motion to Strike, the FAA is attempting to obtain a ruling on a 

significant and material issue in this case - whether the "complaint" is time barred - before the 

"complaint" has even been served. Such an approach by counsel for the FAA is illogical, 

confusing and constitutionally unsustainable. 

The motion to strike is not really a motion to strike at all. It is either a motion for 

summary judgment or a motion to dismiss, since it is supported by exhibits and requests the 

Court to make an evaluation of evidence and not merely strike redundant or immaterial matter. 

To be clear, in the event that the Court sustains the FAA's Motion to Strike, the Respondent will 

take exception to that ruling to preserve this matter for appeal. It is highly improper for a party 

to move to strike the allegations of an opponent before issue has been joined in the case. The 

FAA's so called motion to strike violates every basic tenant of the due process of law and cannot 

be sustained for that reason. 

-2 
^ 

In Vitarelli v. Seaton, 359 U.S. 535, 79 S.Ct. 1968, 3 L.Ed.2d 1012 (1959), VitarelU was 

terminated for reasons of national security because, allegedly, between 1941 and 1945, he had a 

"sympathetic association" with three named persons who were members of the Communist 

Party.' Although Vitarelli could have been summarily terminated, the Secretary of the Interior 

gratuitously decided declare Vitarelli was terminated on grounds regarding national security.^ 

Because the Secretary of Interior gave a reason for Vitarelli's termination, Order No. 2738 was 

triggered and procedural standard set forth in that Order had to be satisfied.^ When Vitarelli 

failed to obtain reinstatement by a demand served on the Secretary, he filed a suit in the United 

States District Court for the District of Columbia alleging that his dismissal was illegal and 

ineffective; he sought an injunction and reinstatement.'* The District Court granted summary 

judgment to the Secretary of Interior and the United States Court of Appeals for the District of 

Columbia affirmed that decision.^ Vitarelli then petitioned the United States Supreme Court for 

certiorari alleging violations of his constitutional rights in that the procedures in Order No. 2738 

were violated.^ The United States Supreme Court reversed the decision of the District Court and 

the United States Court of Appeals for the District of Columbia finding that three separate 

provisions of Order No. 2738 were violated in that (1) the specificity requirement of the Order 

had not been satisfied,^ (2) the proceedings have not been orderly but had been a wide ranging 

inquisition and (3) Vitarelli had been denied the right to cross-examine a person on the pretext 

he was a "confidential" informant, even though his identity was disclosed by name.^ 

'359 U.S. 537. 

^ Id. at 359. 

'Id. 

•• Id at 537. 

' Id at 538. 

* Id at 540. 

^' Id at 541. 

*W. at 542-543. 

* Id at 544-454. 

- 3 -
k 

Just like the Secretary of Interior had an obligation to comply with the due process 

elements set for the in Order No. 2738, the FAA has an obligation to comply with 14 C.F.R. § 

13.208(a) by filing a complaint before the Respondent files a motion to dismiss under 14 C.F.R. 

§ 13.209(d) resulting in joinder of the issue. Then, and only then, may this Court render a 

decision on whether notice w£is given to the "Respondent" within two years of the date of 

violation under 14 C.F.R. § 13.208(d). See Vitarelli v. Seaton, supra. 

II. 

THE FAA'S MOTION TO STRIKE HAS NO MERIT 

Without waiving the Respondent's objection to the FAA's action in filing the Motion to 

Strike supported by exhibits before issue has been joined in the case, even if the Court were to 

reach the merits of this so-called Motion to Strike (which is really a motion to dismiss or a 

motion for summary judgment), still, the FAA's position is without merit. 

The gravamen of the FAA's allegations and claims are that either the "Owner" or the 

"Operator" of an aircraft allowed the aircraft to be flovm before discrepancies had been 

corrected, before maintenance personnel had made appropriate entries to maintenance records, 

before the aircraft had been returned to service with the result that aircraft were allegedly 

operated in an unairworthy condition. See 14 C.F.R. § 91.405(a), (d); 14 C.F.R. § 

91.407(a)(l),(2); 14 C.F.R. § 91.7(a). In fact, the Court's attention is directed to page 2 of 

Government Exhibit 1 which lists the foregoing regulations. The FAA is claiming that the 

Owner or Operator of an aircraft allowed the aircraft to be flown without necessary repairs, 

without the appropriate maintenance entries, and in an unairworthy condition. See Government 

Exhibit 1, p. 2 concerning Case No. 2008EA210042 relating to N304BK. Similarly, if the Court 

reviews Government Exhibit 2 in Case No. 2008EA210045 relating to N575AT, the regulations 

cited by the FAA are 14 C.F.R. § 91.405(a), and 14 C.F.R. § 91.7(a). All of the violations 
alleged by the FAA both in Government Exhibit 1 and Government Exhibit 2 relate to the 

supposed liabilities of an Ovraer or Operator for allowing an aircraft to be flown or operated 

either in an unairworthy condition or being flown after maintenance was performed without 

being recorded in the appropriate aircraft maintenance records. 

By virtue of the regulations cited by the FAA in its Notices of Proposed Civil Penalty 

marked Government Exhibits 1 and 2, the question becomes whether the FAA gave notice within 

two years of date of the alleged violation either to the "owner" or to the "operator" of the 

aircraft. See 14 C.F.R. § 91.405(a), (d); 14 C.F.R. § 91.407(a)(1), (2); 14 C.F.R. § 91.7(a). See 

also 14 C.F.R. § 13.208(d) requiring notice of a proposed civil penalty on the "respondent" 

within two years of the date of the alleged violation. 

The date of the last alleged violation in Case No. 2008EA210042 concerning N304BK 

was September 19, 2008. See Government Exhibit 1. The date of the last alleged violation in 

Case No. 2008EA210045 is September 23, 2008. See Government Exhibit 2. Accordingly, the 

question becomes whether the FAA gave notice to the "ovmer" or "operator" of N304BK by 

September 19, 2010. See Government Exhibit 1. Similarly, with regard to N57AT, the question 

becomes whether the FAA gave notice to the "owner" or "operator" of that aircraft by September 

23,2010. See Government Exhibit 1. 

As demonstrated by the record in this case, the FAA did not give notice to the "ovmer" of 

either aircraft nor to the alleged "operator" (the lessee) of either aircraft within two years of date 

of the last alleged violation. See Government Exhibits 1 and 2. 

To the extent that the FAA may claim a notice of proposed civil penalty was served on 

"Airline Transport Professionals," two statements negate that argument. First, "Airline 

Transport Professionals" is not an entity any more than General Motors. The name of the entity 

-5 
the FAA was apparently attempting to communicate with was and is Airline Transport 

Professionals, Inc. Second, as shown by the Affidavit attested hereto of James Koziarski, Airline 

Transport Professionals, Inc. did not own or operate N304BK or N575AT. 

Also attached as Respondent's Exhibit 1 is the Enforcement Investigative Report in Case 

No. 2008EA210045 concerning N575AT. On page 5 of the Enforcement Investigative Report, 

the registered owner of N575AT is disclosed at ATP Aircraft 3, LLC. See Respondent's Exhibit 

1, p. 5. The FAA knew that the Owner of N575AT was ATP Aircraft 3, LLC, a Delaware 

corporation, but it issued a notice of proposed civil penalties not to the owner, but to a nonexistent entity captioned "Airline Transport Professionals." See Government Exhibit 2. To 

address a notice of civil penalty to "Airline Transport Professionals" is like sending a notice to 

"General Motors." General Motors is not a business entity while "General Motors Corporation" 

is. See 14 C.F.R. § 13.208(d) requiring the FAA to give notice to the "respondent" within two 

years of the date of the alleged violation. 

The FAA's claims are time barred, since notice was not given to the "Respondent" as 

required by 14 C.F.R. § 13.208(d). Airline Transport Professionals, Inc. is a Georgia corporation 

that does not own or operate either N304BK or N575AT. See Affidavit of James Koziarski. The 

"owner" of the aircraft was a Delaware corporation. See p. 5 of Respondent's Exhibit 1 and 

Affidavit of James Koziarski. The FAA did not issue a notice of proposed civil penalty to the 

owner of the aircraft by September 23, 2010. ATP Aircraft 3, LLC which owns N575AT leased 

the aircraft to ATP USA, Inc. See Affidavit of James Koziarski. 

Once again, the FAA did not issue a notice of proposed civil penalty to ATP USA, Inc., a 

Georgia corporation by September 23, 2010. Id. Since the FAA did not give notice either to the 

"owner" of the aircraft nor to the purported "operator" ("lessee") of the aircraft within two years 

- 6 -
of the date of the alleged violation, the charges advanced by the Administrator with regard to 

N575AT are time-barred under 14 C.F.R. § 13.208(d). See Affidavit of James Koziarski.'^ 

Not only did the FAA fail to give notice either to the "owner" of N575AT within two 

years of September 23, 2008, as demonstrated by Government Exhibit 2, but the same is also 

true of Government Exhibit 1 concerning N304BK. The Court's attention is directed to 

Respondent's Exhibit 2, the Enforcement Investigative Report in Case No. 2008EA210042, 

page 6 of the Enforcement Investigative Report generated by the FAA confirms the owner of 

N304BK was Airline Transport Professionals Corp, USA wdth offices in Wilmington, DE. 

Airline Transport Professionals Corp, USA is not the same entity as Airline Transport 

Professionals, Inc., a Georgia corporation. See Affidavit of James Koziarski. 

The FAA knew the Owner of N304BK was Delaware corporation in the form of Airline 

Transport Professionals Corp, USA as depicted on page 6 of Respondent's Exhibit 2. Sending a 

notice of proposed civil penalty to a name ("Airline Transport Professionals") does not satisfy 

the requirement of sending a notice of proposed civil penalty to the "owner" which was a 

Delaware corporation. See Government Exhibit 1; Respondent's Exhibit 1, p. 6. 

Besides the foregoing. Airline Transport Professionals Corp, USA which ovms N304BK 

leased the aircraft to ATP USA, Inc., a Georgia corporation. See Affidavit of James Koziarski. 

The FAA did not issue a Notice of Proposed Civil Penalty to ATP USA, Inc. within two years of 

September 19, 2008 (i.e., by September 19, 2010) as demonstrated by Government Exhibit 1. 

'" Even if the Court believes service of a notice of proposed civil penalty on "Airline Transport Professionals" was 

service on Airline Transport Professionals, Inc., still Airline Transport Professionals, Inc. did not own or operate 

either of the aircraft involved in this matter. 

- 7 -
HI. 

THE RESPONDENT OPPOSES A STAY OF THESE PROCEEDINGS 

As noted above in Section I of this Response, there are rules to be followed, and the FAA 

has not followed its own rules. The proper procedure to follow is for the FAA to file a 

complaint'' and then for the Respondent to file either an answer '^or motion to dismiss.'^ Given 

the fact that the Federal Aviation Administration has already put in place procedures to deal with 

the matter at hand, there is no reason to grant the FAA a "stay" from the application of its own 

rules. See Vitarelli v. Seaton, supra. 

The position of the FAA in moving to strike, an assertion by the Respondent, before 

issue has been joined, and then seeking to stay the proceedings is not only constitutionally 

infirm, but is wrong. Id. For this reason, the Respondent strongly opposes a stay of these 

proceedings and vigorously urges this Court to deny the Motion to Strike, and require the FAA 

to file to a complaint so that the Respondent can file a motion to dismiss. 

IV. 

CONCLUSION 

The FAA has put in place the rules and procedures by which the law is to be applied. 

The underlying regulations concern the questions of whether or not the FAA can prove that 

either the owner or the operator of an aircraft allowed the aircraft to be operated without having 

discrepancies repaired,'"* without having maintenance entries made in records,'^ without insuring 

" 14 C.F.R. § 13.208(a). 

'M4 C.F.R. § 13.209(a). 

' ' 14 C.F.R. § 13.208(d). 

'" 14 C.F.R. § 91.405(a). 

' ' 14 C.F.R. § § 91.405(b), 91.407(a)(l),(2). 

-8 
16 the aircraft were properly returned to service, thereby allegedly allowing the aircraft to be 

operated in an unairworthy condition. 

The proper course for the Court to follow is to overrule the FAA's Motion to Strike, since 

the FAA fails to name the proper entity. Serving Government's Exhibits 1 and 2 on "Airline 

Transport Professionals" was not service on the "respondent" as required by 14 C.F.R. § 

13.208(d). The Court should deny the Motion to Strike and require the FAA to file a complaint 

under 14 C.F.R. § 13.208(a). Then, consistent with the Fifth Amendment to the United States 

Constitution of America, the Respondent in this action may avail itself of its due process rights 

and file a motion to dismiss these allegations pursuant to 14 C.F.R. § 13.208(d). Cf. Vitarelli v. 

Seaton, supra. 

Based upon the above and foregoing, the Respondent in this action adamantly and 

vigorously objects to the FAA's Motion to Strike and requests that the Motion be overruled. 

Respectfully submitted this 25"^ day of March 2011, 

Alan Armstrong 

Georgia Bar No. 022075 

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@alanarmstronglaw.com 

16 14 C.F.R. § § 91.405(b), 91.407(a)(l),(2). 

'•' 14 C.F.R. §§ 91.7(a). 

9-
UNITED STATES OF AMERICA 

FEDERAL AVIAT 

WASH 

RANDOLPH BABBIT, Administrator, 

Complainant 

AIRLINE TRANSPORT 

PROFESSIONALS, INC., 

Respondent. 

ON ADMINISTRATION 

NGTON, D.C. 

FAA Case No. 2008EA210042 

FAA Case No. 2008EA210045 

[Judge Not Yet Assigned] 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Affidavit of James Koziarski has been served via U.S. 

Mail to: 

Gerald A. Ellis, Esq. 

Federal Aviation Administration 

Office of Regional Counsel 

1701 Columbia Avenue, Room 530 

College Park, Georgia 30037 

Respectfially submitted this ^Od^ da a y of March 2011 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suit3e 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0318 

alan@alanamistronglavv.com 

Alan Armstrong 

Georgia Bar No. 022075 
UNITED STATES OF AMERICA 

FEDERAL AVIAT 

WASH 

RANDOLPH BABBIT, Administrator, 

Complainant 

AIRLINE TRANSPORT 

PROFESSIONALS, INC., 

ON ADMINISTRATION 

NGTON, D.C. 

Respondent. 

FAA Case No. 2008EA210042 

FAA Case No. 2008EA210045 

[Judge Not Yet Assigned] 

AFFIDAVIT OF JAMES KOZIARSKI 

VICE PRESIDENT OF AIRLINE TRANSPORT PROFESSIONALS. INC. 

Personally appeared before me the undersigned authority, James Koziarski, who, being 

duly deposed and sworn states as follows: 

1. 

My name is James Koziarski. I am over eighteen years of age. The statements made in 

this Affidavit are based upon my personal knowledge. 

2. 

I am the Vice President of Airline Transport Professionals, Inc., a Georgia corporation 

("ATP") with offices in Ponte Vedra Beach, Florida. I have been so employed for the past 23 

years. 

I execute this Affidavit to oppose the Complainant's Motion to Strike Respondent's 

Timeliness Argument and Motion for Stay of Proceedings Pending a Decision on This Motion 

(the "Motion to Strike") served by the FAA on March 17, 2011. 
There are two cases before the Court: 

(a) FAA Case No. 2008EA210042 regarding N304BK; and 

(b) FAA Case No. 2008EA210045 regarding N575AT. 

5. 

(a) The FAA has asserted a host of violations in the Notice of Proposed Civil 

Penalties in FAA Case No. 2008EA20042 and also in FAA Case No. 2008EA20045. See 

Government Exhibits 1 and 2 attached to the Motion to Strike. All of the violations 

advanced by the FAA in both of its Notices of Proposed Civil Penalties relate to an 

"owner" or "operator" of an aircraft. 

(b) The FAA claims a violation of 14 C.F.R, § 91.405(d), which involves the owner 

or operator ensuring that maintenance personnel make entries in the maintenance records. 

(c) Also, the FAA claims a violation of 14 C.F.R. § 91.407(a), which forbids a person 

operating an aircraft unless it has been returned to service and a maintenance entry has 

been made. See 14 C.F.R. § 91.407(a)(1), (2). 

(d) Finally, the FAA claims there was a violation of 14 C.F.R. § 91.7(a), which 

provides: "No person may operate a civil aircraft unless it is in airworthy condition." 

6. 

Recognizing that the allegations asserted by the FAA all involve either the "owner" or 

"operator," the fact is that the FAA did not issue a notice of proposed civil penalty within two 

years of the alleged violation either to the "owner" of the aircraft or to the entity leasing the 

aircraft from the Owner. 
10. 

As it relates to Government Exhibit 1, Airline Transport Professionals is not an entity. 

The FAA did not issue a Notice of Proposed Civil Penalty either to the owner of N304BK nor to 

the lessee of N304BK within two years of the date of the last alleged violation, September 19, 

2008. 

Further affiant sayeth not. 

Sworn and subscribed before me 

2001. 

Respectfiilly submitted, 

^ 

/)bdk-u^^ 

Notary Pui 

4»^> KATHYH. BODKIN 

M ^ MY COMMISSION #DI>M2679 

S!^ ^ EXPIRES: Jms 14,2014 

; i40(l«OrAllV nN(*iyDiK!(»*AwtCa 
SECTION B 

2008EA210045 

STATEMENT OF CASE 

On September 23,2008, Airline Transport Professionals offered N575AT, a Piper PA-44-180 

(lOP 1), for operation in violation of the following regulations: 

Airline Transport Professionals (herein referred to as ATP) is an aviation business which 

conducts flight training under 14 CFR Part 61 which has a flight training location at the 

Richmond International Airport, in Richmond, VA. (IQP 2). 

On October 1,2008,- an ATP student came into our office to lodge a complaint against ATP 

(lOP 3). His complaint was that on the morning of September 23,2008, he was scheduled for 

cross country flying in N575AT. He and his flying partner received their release fi-om ATP 

dispatch and began their pre engine start checklist. They noticed that the right fiiel pump was 

. inoperative. Both pilots agreed that the aircraft was no longer airworthy and called ATP 

dispatch. Dispatch said they would talk to the mechanic and asked them to hold. Dispatch came 

back and stated that after reviewing the discrepancy with ATP maintenance they saw nothing 

wrong with them operating N575 AT from RIC to LZU. The pilots then spoke up and told 

dispatch that the fiiel pump was required equipment and that he was not risking his certificate 

over required equipment. Both pilots informed dispatch that they were not flying the aircraft. 

Dispatch then put the pilots on hold again then came back on-line and instructed the pilots to 

'ce a difterent aircrait. 

On October 6, 2008, another ATP student, Mr. Anton Langer, came into the office and disclosed 

that on October 23,2008, he and his instructor flew N575AT from RIC to ATL. Dispatch had 

informed them that the right fuel pump v/as inoperative and that they wanted it flown to Georgia 

to have it fixed. The pilots agreed that it would be legal to fly. Mr. Langer then stated that his 

instructor, Mr. Dan Stem placarded the switch and popped the circuit and completed the flight 

(lOP 4). 

On September 24,2008, Mr. Dan Stem, a Certified Flight Instmctor employed by ATP, wrote a 

statement documenting that he flew N575AT from RIC to ATL with the right fuel pump 

inoperative and that ATP's dispatch had told him prior to the flight that it was inoperative. He 

stated that he was unaware that the fuel boost pump was required equipment and that he thought 

he needed to placard the switch and pull the circuit breaker (lOP 5). 

"We requested the help of the Orlando FSDO in obtaining maintenance records from ATP for 

N575AT (lOP 6). On October 16, 2008, we received a copy of the maintenance record for 
N575 AT from the Orlando FSDO (lOP 7). The record shows that maintenance log sheet No. 

30389 documents that on 09/25/08 a mechanic removed and replaced the right electric boost 

pump. 

Statements from the pilots (lOP 4, 5) and a computer print out of FlightAware (lOP 8) shows 

that an IFR flight plan was filed on the following day and that N575AT flew on September 23, 

2008, with an open discrepancy rendering the aircraft un-airworthy. 

Although Mr. Stem stated that he placarded the instmment as inoperative and pulled the circuit 

breaker (lOP 5), no records support that the aircraft was operated under 14 CFR Part 91 

§91.213(d). Also, this particular maintenance discrepancy could not have been left inoperative 

and the aircraft returned to service due to the fiiel boost pump being required equipment for the 

aircraft. 

On October 14,2008, we sent ATP a Letter of Investigation (lOP 9). 

On October 24, 2008, we received a fax response from ATP regarding the LOI. Hardcopy 

response was received on October 27,2008 (lOP 10). Response from ATP requested additional 

information regarding the investigation so that ATP can provide correct information. 

On October 27,2008, Front Line Manager Jeff Slaughter contacted Mr. Jim Koziarski (Vice 

President of ATP). Mr. Koziarski wanted to know additional information regarding the 

investigation prior to responding to the LOI. I did ask Mr. Koziarski how a pilot was to report a 

mechanical irregularity on one of ATP's aircraft and he stated that they would call maintenance. 

I then asked how a pilot would know if an aircraft had a discrepancy on it and he stated that 

dispatch would let them know prior to them flying as all pilots had to get a release from dispatch. 

If an aircraft had discrepancies on it then dispatch would not release it (lOP 11). 

Mr. Koziarski's statements fiirther shov/ that ATP is offering un-ainvorthy aircraft to 

unsuspected pilots. 

On November 4,2008, we received an email response to the LOI from Mr. Alan Armstrong, 

counsel to ATP (lOP 12). 

3 
SECTION C 

ITEMS OF PROOF 

2008EA210045 

1. FAA Registry inquiry results for N575AT. 

2. Internet home page for Airline Transport Professionals. 

3. Statement from Kurt D. Collins Jr. of ATP. 

4. Statement of Anton Langer of ATP. 

5. Statement of Daniel L. Stem of ATP. 

6. Request for assistance to the Orlando FSDO. 

7. Aircraft maintenance log 30389 for N575 AT. 

8. Copy of FlightAware internet program report showing IFR flight plans filed and flown 

forN575BK. 

9. Copy of LOI sent to ATP. 

10. ATP's response to his letter of investigation requesting more information. 

11. Record of telephone call to Jim Koziarski providing additional information regarding 

LOI. 

12. ATP's response to the LOI. 

13. Copy of ATP's experience from their website. 

i 
10/2/2008 1:56:43TM 

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10/01/08 

Kurt D. Collins, Jr. 

Certificate No. 2829295 

ATP Student, Richmond 

To whom it may concern,-

On the morning of September the 2y^ I was scheduled for cross country flying in 

N575AT. I am required to call ATP "Dispatch" to receive a release for the flight. My 

flying partner for this flight was Steve Wemple. We received our release and began our 

pre engine start checklist. When we came to the "Fuel Pumps On" item and turned the 

fuel pumps to the one position the Right Fuel Pump was not sounding and we were not 

getting an instrument reading. After a very brief discussion with Mr. Wemple we both 

agreedthat the aircraft, was no longer airworthy and I called ATP "Dispatch" to inform 

them of the current state of the aircraft. I believe I spoke with a Mr. Juan and told him of 

our situation. He then told me he would talk to their mechanic and put me on hold. After 

a brief period of holding he came back and informed both of us that his mechanic saw 

nothing wrong with Mr. Wemple and I flying N575AT to KLZIJ. Mr. Wemple then after 

hearing that spoke up and said that the fuel pump was required equipment and that he was 

not risking his certificate over a fuel purnp, I concurred with Mr. Wemple and insisted 

that-we not fly this aircraft. Mr. Juan then put us on hold again. We were then instructed 

to take a different aircraft. Mr. Wemple and I then secured N575AT and continued our 

flight in the new aircraft provided. 

Sincerel 

Kdft D. Collins, Jr 

Commercial Pilot 

OCT 0 1 2309 
October 6, 2008 

To Whom It May Concern: 

On September 23,1 flew N575AT from Richmond to Atlanta with my instructor: 

Dan Stem. Airline Transport Professionals dispatch informed Dan that the right electric 

fuel pump was inoperative and that they wanted it flown to Georgia to have it fixed. As 

far as I know, dispatch said it was legal to fly. My instructor, Dan also said it was fine to 

fly so I went along with A.T.P. and Dan. He placarded the switch and popped the circuit; 

the flight was completed. I should have questioned their logic but I made the mistake of 

trusting my school and instructor. 

I have learned that I must investigate these kinds of situations my self and not 

take the word of someone else in the future. 

Sincerely, 

Anton Langer 

W 7 2008 

/I 
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Aircraft Registration # N K~2 S'A T Serial* H^f^T^Ql ^ 

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D Engine - Left / Right Serial # 

D PtopcUcr-Left/Right Hub# 

n 100 HR D Annnal fi^Rcpair D ^ Repair Other 

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White - MainieninM Yellow - Aircnft 

1 e ^:-
10/15/2008 9:57:25 AM 

FlightAware 

VLitf^TracKiriig 

Livs I'iight Trackjni. 

Jeff Slaughter (aea221ws) | Registered Member (Logout)| Member Since: 2008 i 

Wednesday 09:57 EDT 

.-FlightAwar e > Liv e Flight Tracke r > History > N575A T 

Advertising 

Question_s/An_swexs 

Cpol_Merchand.ise 

My^HiahtAwaLe 

Profile 

FLIGH T TRACKE R 

Flight/Tail #: |N575A T 

"S^TraiJiAtTyFlJjIrt 

1 Enter Airline Name Here 

Flight Number [_ 

S^ Tr3c?c Cc-iwT'-erefe? Ffight^ 

Don't know the flight number? 

Airport Code: L 

•- VreiVAifporlActjvrti'.:: 

• y>',y Airpcvrt Irrf crroation 

Don't know the airport code? 

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Flight Activity History (N575AT) )N575AT j 

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Gjidk hjspe t o get ypiiiT 

Wan t a ful l histor y searc h fo r N575AT 

Date Type Origin 

14-Oct-2008 PA44n' Richmond IntI (KRIC) 

13-Oct-2Q08 PA44/G Gwinnett County (KLZU) 

09-Oct-2008 PA44/Gffgg^^°""^^ * 

09-Oct-2008 PA44/G JJ^^JSJ"; ^"" ^ ^ * 

Q9-Oct-2008 PA44/G Gwinnett County (KLZU) 

04-Oct-2008 PA44/G Key Field (KMEI) 

04-Oct-2008 PA44/G Arlington Muni (KGKY) 

02-Oct-2008 PA44/G Hooks Mem Arpt (KDWH) 

Q2-Oct-2008 PA44/G San Angelo Rgnl (KSJT) 

02-Oct-2008 PA44/G Arlington Muni (KGKY) 

30-Sep-2008 PA44/G Arlington Muni (KGKY) 

27-Sep-2008 PA44/G Arlington Muni (KGKY) 

26-Sep-2008 PA44/G Key Field (KMEI) 

26-Sep-2008 PA44/G Gwinnett County (KLZU) 

23-Sep-2008 PA44/G Richmond IntI (KRIC) 

22-Sep-2008 PA44/G Hickory Rgnl (KHKY) 

22-Sep-2008 PA44/G Richmond IntI (KRIC) 

21-Sep-2008 PA44/T Richmond InU (KRIC) 

21-Sep-2008 PA44/T Richmond IntI (KRIC) 

2QrSeB:L20Q8 PA44/G Richmond InU (KR!C) 

20-Sep-2008 PA44/r Richmond InU (KRJC) 

19;SeB:2008. PA44/T Richmond IntI (KRIC) 

19:Sep^-20_08 PA44/T Richmond IntI (KEJC) 

18-SeB:2jD08 PA44/T Richmond IntI (KRIC) 

18-Sep-2008 PA44n' Richmond InU (KRIC) 

1I-Sep„-200_8 PA44/G Richmond InU (KRIC) 

lZ-SeE:20P8 PA44n" Richmond InU (KRIC) 

16-Sepr2008 PA44n" Richmond InU (KRIC) 

Activity Log 

dating bac k t o Jun e 2005? Buy now. Get it > 

Destination Depailure Arrlv 

Dinwiddle County (KPTB) 09:32 EDT 09:3£ 

Richmond IntI (KRIC) 10:37 EDT 13:4

Gwinnett County (KLZU) 15:35CDT 17:47 

Madison County Arpt (KMDQ) 

Madison County Arpt (KMDQ) 

Gwinnett County (KLZU) 

Key Field (KMEI) 

Ariington Muni (KGKY) 

Hooks Mem Arpt (KDWH) 

San Angelo Rgnl (KSJT) 

Newton-City-County (KEWK) 

Hooks Mem Arpt (KDWH) 

Arlington Muni (KGKY) 

Key Field (KMEI) 

Gwinnett County CKLZU) 

Richmond Intl (KRIC) 

Hickory Rgnl (KHKY) 

Chesterfield County (KF_CJ) 

Dinwiddle County (KPTB) 

Richmond Inti (KRJC) 

Hanover County Muni (KOFP) 

Dinwiddle County (K_PIB) 

Chesterfield County (KFCI) 

Chesterfield County (KF_C]) 

Dinwlddie County (KPJB) 

Tri-County (KASJ) 

Dinwlddie County (KPIB) 

Charlottesville-Albemarle 

(KCHO) 

12.06 CDT 12:11 

08:49 EDT 09:0( 

13:43 CDT 16:3-^ 

08:40 CDT 11:5

17:35 CDT 18:5^ 

15:10 CDT 17:01 

12:44 CDT 14:11 

08:40 CDT 11:4

09:00 CDT J^®^" 

14:54 CDT 17:5" 

12:36 EDT 13:1« 

17:47 EDT 20:1^ 

20:27 EDT 22:2

17:33 EDT 19:0

16:06 EDT 16:1( 

10:52 EDT 10:5J 

16:15 EDT 17:1^ 

12:54 EDT 12:5

17:10 EDT 17:i

14:32 EDT 14:3

13:36 EDT 13:4( 

11:16 EDT 11:2

13:35 EDT 15:1( 

09:13 EDT 09:2( 

19:54 EDT 20:1

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TTIIrrVit Ai.for o - ^ T ."-Ta Tri;^U t T 1 
10/15/2008 9:57:25 AM 

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.1.6:Sfeid2008 PA44/G Richmond IntI (KBJC) 

15-Sep-2003 PA44/T Richmond InU (KRIQ) 

ii:Sep_-:20a8 PA44/T Richmond InU (KRJC) 

14j:Sep.-_2008 PA44/T Richmond InU (KRIC) 

13-Sep-2008 PA44/G Gwinnett County (KLZ_U) 

12-Sep-2QQ8 PA44/G Gwinnett County (KLZU) 

11-Sep-2008 PA44/G Walker County Arpt (KJFX) 

01-Sep-20Q8 PA44/G Craig Muni (KCRG) 

31-Aug-2008 PA44/G Witham Field (KSUA) 

31-Auq-2008 PA44/G Craig Muni (KCRG) 

31-Auq-2008 PA44/G Craig Muni (KCRG) 

29-Aua-2Q08 PA44/G P^anama City-Bay Co InU 

29-Auq-2008 PA44/G Walker County Arpt (KJFX) 

29-Auq-2008 PA44/G Craig Muni (KCRG) 

28-Aug-2008 PA44/G WiUiam Field (KSUA) 

28-Auq-2Q08 PA44/G Craig Muni (KCRG) 

28-Auq-2008 PA44/G Daytona Beach InU (KDAB) 

24-Aug-2008 PA44/G WiUiam Field (KSUA) 

24-Auq-2008 PA44/G Daytona Beach Inti (KDAB) 

22-Aug-2008 PA44/G Fulton County (KFTY) 

19-Aug-2008 PA44/G Daytona Beach Inti (KDAB) 

18-Au(3-2008 PA44/G Craig Muni (KCRG) 

15-Auq-2008 PA44/G ^^ ^ ^^'^^ ^ ^ ° '"" 

15-Aug-2008 PA44/G Craig Muni (KCRG) 

13-Auq-2008 PA44/G Craig Muni (KCRG) 

09-Auq-2G08 

09-Aug-2008 

08-Auq-2008 

08-Auq-2008 

07-Auq-2008 

O7-Aug-2O08 

04-Augr2003 

04-AUCI-2008 

Q3-Aua-2008 

Q3:Aug::2008 

Q2-AL!g:2008 

02-Aug-2008 

02-Auq-2008 

01-Auq-2008 

3_OrJuj-2008 

30.-Jul:2008 

30-Jul-2008 

24:Juli20q8 

24-Jul-2008 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

21-Ju|:2Q08 PA44/G 

Gainesville Rgnl (KGNV) 

Craig Muni (KCRG) 

Walker County Arpt (KJFX) 

Craig Muni (KCRG) 

Pensacola Rgnl (KPNS) 

Craig Muni (KCRG) 

Key Field (KMEI) 

Hooks Mem Arpt (KDJA/H) 

Sugar Land Rgnl (KSGR) 

Hooks Mem Arpt (KDWH) 

Hooks Mem Arpt (KDWH) 

Del Rio InU (KD.RI) 

Hooks Mem Arpt (KDWH) 

Hooks Mem Arpt (KiDWH) 

Arlington Muni (KGKY) 

Monroe Rgnl (KMLU) 

Hooks Mem Arpt (KDWH) 

Hooks Mem Arpt (KDWH) 

Hooks Mem Arpt (HQWH) 

Giddings-Lee County 

kicnmond InU (KRIC) 09:39 EDT 

Chesterfield County (Kf CI) 13:17 EDT 

Shannon (KEZF) 12.28 EDT 

Shannon CKEZF) 07:43 EDT 

Richmond InU (KRIC) 14:59 EDT 

Gwinnett County (KLZU) 13:13 EDT 

Gwinnett County (KLZU) 20:57 CDT 

Walker County Arpt (KJFX) 11:04 EDT 

Craig Muni (KCRG) 20:44 EDT 

Witham Field (KSUA) 18:06 EDT 

Craig Muni (KCRG) 14:17 EDT 

Craig Muni (KCRG) 

Panama City-Bay Co Intl 

(KPFN) 

Walker County Arpt (KJFX) 10:12 EDT 

Craig Muni (KCRG) 22:28 EDT 

WiUiam Field (KSUA) 18:25 EDT 

Craig Muni (KCRG) 10:09 EDT 

Daytona Beach InU (KDAB) 13:41 EDT 

Witham Field (KSUA) 11:18 EDT 

Daytona Beach InU (KDAB) 20:25 EDT 

Fulton County (KFTY) 16:17 EDT 

Daytona Beach InU (KDAB) 17:35 EDT 

Craig Muni (KCRG) 

Panama City-Bay Co InU 

(KPFN) 

Fulton County (KFTY) 17:27 EDT 

Craig Muni (KCRG) 

Craig Muni (KCRG) 

Ci^ig Muni (KCRG) 

Walker County Arpt (KJFX) 

Craig Muni (KCRG) 

Pensacola Rgnl (KPjNSJ 

Craig Muni (KCRG) 

Key Field CKMEi) 

Hooks Mem Arpt (KDWH) 

Hooks Mem Arpt (KDWH.) 

San Angelo Rgnl (KS.JD 

Hooks Mem Arpt (KDWH) 

Del Rio InU (KD_RI) 

Hooks Mem Arpt (KDWH) 

Hooks Mem Arpt (KDWH) 

Arlington Muni (KGKY) 

Monroe Rgnl (KM_L_U) 

Sugar Land Rgnl (KSGRJ 

Hooks Mem Arpt (KDWH.) 

Huntsvllle Muni (KUTS) 21:36 CDT 

10.31 

13:20 

12.44 

08:00 

17:50 

14:26 

22:55 

12:13 

22:11 

19:48 

15:31 

16:12 CDT 18:42 

13:28 CDT 15:24 

11:55 

23:54 

19:53 

10:51 

14:50 

12.23 

23:26 

18.32 

18:18 

20:16 CDT 22:58 

18:30 EDT 19:15 

resu

(?) 

22:37 EDT 23:18 

21:10 EDT 22:11 

16:26 CDT 19:47 

10:25 EDT 12:08 

22:25 CDT 01:32 

17:54 EDT 19:45 

15:17 CDT 19:10 

09:20 CDT 12:39 

18:07 CDT 18:22 

13:33 CDT 14:34 

18:00 CDT 20:24 

14:44 CDT 16:51 

09:54 CDT 12:2£ 

17:40 CDT 18;3£ 

18:17 CDT 19:3£ 

13:47 CDT 16:0

09:22 CDT 11:0f 

13:30 CDT 14:5C 

13:30 CDT 14:1£ 

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21-Jul-2008 

(KGYB) 

riKAAir Giddings-Lee County 

KM4^/<o (KGYB) 

(1) 

San Angelo Rgnl (KSJT) 21:36 CDT 

21-Jul-2QQ8 PA44rr Hooks Mem Arpt (KDWH) Brenham Muni (llRj 

21-Jul-2008 PA44/G Hooks Mem Arpt (KDWH) 

20-Jul-2Q08 PA44/G Monroe Rgnl (KMLU) 

20-Jul-2008 PA44/G Arlington Muni (KGKY) 

20-Jul-2008 PA44/G Hooks Mem Arpt (KDWH) 

Hooks Mem Arpt (KDWH) 

Hooks Mem Arpt (KDWH) 

Monroe Rgnl (KM_LIJ) 

Arlington Muni (KGKY) 

18-JUI-2008 

17-Jul-2008 

16-Jul-2008 

16-Jul-2008 

16-JUI-2008 

15-Jul-2008 

15-Jul-2008 

14-Jul-2008 

14-Jul-2008 

14-Jul-2008 

12-Jul-2008 

12-Jul-2008 

06-JUI-2008 

06-JUI-2008 

06-JU1-2008 

04-Jul-2008 

04-JUI-2008 

03-Jul-20Q8 

29-Jun-2008 

PA44rr Hooks Mem Arpt (KDWH) 

PA44/G Hooks Mem Arpt (KDWH) 

PA44/G Hooks Mem Arpt (KDWH) 

PA44n' Hooks Mem Arpt (KDWH) 

PA44/T Hooks Mem Arpt (KDWH) 

PA44/G Hooks Mem Arpt (KDWH) 

PA44/G Hooks Mem Arpt (KDWH) 

PA44/G San Angelo Rgnl (KSJT) 

PA44/G El Paso InU (KELP) 

DSAAir^ Phoenix-Mesa Gateway 

PA44/G ^KiwA) 

PA44/G Oaugherty Field (KLGB) 

PA66/G Casa Grande Muni (KCGZ). 

PA44/G El Paso InU (KELP) 

PA44/G San Angelo Rgnl (KSJT) 

PA44/G Ariington Muni (KGKY) 

PA44/G Monroe Rgnl (KMLU) 

DKAAin Pananna City-Bay Co InU 

yp^'^'^i^ (KPFN) 

D^AAin Panama City-Bay Co InU 

KA44/;3 (KPF_N) 

a\AAin Panama City-Bay Co InU 

KA44/13 (KP^f^) 

29-Jun-20Q8 PA44/G Walker County Arpt (KJf X) 

29-Jun-200.8 DKAAin Panama City-Bay Co InU f'A44/lj (KPFNJ 

28-Jun-2008 PA44/G Monroe Rgnl (KMLU) 

28,Jur>200_8 PA44/G PTM a City-Bay Co InU 

27Jun-2C)08 PA44/G Walker County Arpt (KJFX) 

27-Jun-2008 

27-_Jun-2008 

26^Jun.-2008 

26,J_un-2008 

26::Jurv2008 

25-Jun-2008 

PA44/G Craig Muni (KCRG) 

PA44/G Fulton County (KF.TY) 

PA44/G Gwinnett County (KLZU) 

PA44/G Key Field (KMEI) 

PA44/G Hooks Mem Arpt (KDWH) 

PA44/G Arlington Muni (KGKY) 

Arlington Muni (KG.KY) 

Hooks Mem Arpt (KDWH) 

Hooks Mem Arpt (KDWH) 

Eastenwood Field (KCLL) 

Hooks Mem Arpt (KDWH) 

Hooks Mem Arpt (KDWH) 

Hooks Mem Arpt (KDWH) 

Hooks Mem Arpt (KDWH) 

San Angelo Rgnl (KSJT) 

El Paso InU (KELP) 

Phoenix-Mesa Gateway 

(KIWA) 

Daugherty Field (KLGB) 

Phoenix-Mesa Gateway 

(KIWA) 

El Paso InU (KELP) 

San Angelo Rgnl (KSJT) 

Ariington Muni (KGKY) 

Monroe Rgnl (KMLU) 

Panama City-Bay Co InU 

(KPFN) 

Peter O Knight (KTPF) 

Panama City-Bay Co InU 

(KPFN) 

Walker County Arpt (KJ£X) 

Panama City-Bay Co InU 

(KEEN) 

Monroe Rgnl (KMLU) 

Panama City-Bay Co Intl 

(KPFN) 

Walker County Arpt (KJFX) 

Craig Muni (KC_RG) 

Fulton County (KFXY) 

Gwinnett County (KLZU) 

Key Field (KMEI) 

Hooks Mem Arpt (KDWH) 

18:03 CDT 

18-Jul-2008 PA44/R Dallas Love Field (KDAL) Hooks Mem Arpt (KDWH) 21:13 CDT 

resuh 

(?) 

10:19 CDT 11:20 

15:44 CDT 17:35 

11:48 CDT 13:49 

09:06 CDT 10:31 

resuh 

(?) 

18:51 CDT 20:06 

14:33 CDT 15:34 

10:04 CDT 11:33 

07:27 CDT 08:29 

07:27 CDT 08:56 

12:45 CDT 14:07 

09:16 CDT 10:27 

20:20 CDT 22:24 

15:53 MDT 19:08 

10:46 MST 14:10 

22:01 PDT resuh 

(?) 

18:00 MST 20:20 

11:06 MDT 12:12 

09:18 CDT 10:18 

07:14 CDT 08:42 

17:32 CDT 19:33 

12:39 CDT 15:30 

10:31 CDT J^®^"

17:19 CDT 19:51 

13:58 CDT 15:56 

10:56 CDT 12:59 

19:50 CDT 22:26 

09:05 CDT 11:54 

17:25 CDT 19:02 

11:14 EDT 12:58 

08:37 EDT 10:31 

16:35 EDT 16:51 

12:26 CDT 15:23 

08:48 CDT 11:25 

15:27 CDT 16:51 

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24-Ju.,-^008 PA44/G El Paso InU tK£LP) Aimigton Muni (KGKY) 

24^un-2.008 PA44/G [S;""^^" " ^"'"^" ^ El Paso InU (KELP) 

20zJu.Q_-20.08 PA44/G North Las Vegas (KVGT) Phoenix-Mesa Gateway 

13:25 MDT 17;5S 

08:38 MST 11:5J 

14:41 PDT 16:5c 

iH 

(KIWA) 

(Eewe!:P_^t_Flights) 

Want a full history search for N575AT dating back to June 2005? Buy now. Get it \ 

www nitmnb^rwiQ m m 

© 2008 FlightAware j Temns Of Use | Privacy 

/ ^ 

Flioh t Awpr p > J \\r p FliaVit Tror-l-or -^ 
& 

& 

Richmond Flight Standards District Office 

U.S. Department 5707 Huntsman Road, Suite 100 

of Transportation Richmond Int'l Airport, VA 23250-2415 

Federal Aviation 

Administration 

October 14,2008 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

FILE NUMBER: 2008EA210045 

Jim Koziarski 

Airline Transport Professionals, Inc. 

P.O. Box 1784 

Ponte Verdra, FL 32004 

Dear Mr, Koziarski: 

Diuing a recent complaint investigation involving Airline Transport Professionals, Inc., 

(ATP) the Federal Aviation Administration has discovered irregularities concerning the . 

operation of N575AT. Specifically, on Sq)tember 23,2008, this aircraft was offered for 

operation by ATP while the aircraft had maintenance discrepancies rendering the aircraft 

un-airworthy. 

This is to inform you that the FAA is investigating this matter. We wish to offer you an 

opportunity to discuss the incident in person or submit a written statement within 10 days 

following the receipt of this letter. Your statement should contain all pertinent facts and 

any mitigating circumstances you believe may have a bearing on the incident. If we do 

not hear from you within the specified time, we will process this matter without the 

benefit of your statement. 

As part of our investigation, we must determine whether ATP is a small business concem 

under applicable law. To assist us in making this determination, please advise us of the 

number of employees at ATP. 

Sincerely, 

Original signed by 

W. Jeff Slaughter 

Front Line Manager, Airworthiness 

/? 
_* Mos t Respecte d Nam e i n Pilo t Certifi* . ,o n 

Airline Transport J^ro/bssionaJs 

October 24,2008 

VIA Facsimile & Federal Express 

Mr. W.Jeff Slaughter 

Federal Aviation Administration 

Richmond Flight Standards District Office 

5707 Huntsman Road, Suite 100 

Richmond International Airport, VA 23250-2415 

RE: File Number 2008EA210045 

Dear Mr. Slaughter: 

We received your letter dated October 14,2008 regarding file number 2008EA210045. We appreciate 

the opportunity to discuss this matter as the FAA proceeds with its investigation. We are confident our 

maintenance procedures provide for a safe and airworthy fleet, and that they are fully compliant with 

the FAA requirements for a Part 61 flight school. 

We will gladly comply with your request for additional information outlined in your letter. In order for us 

to provide the correct information, please provide additional clarification on the incident you are 

referring to. Please indicate: 

• The party who made the complaint 

• The party or parties whom ATP reportedly offered an un-airworthy aircraft 

• Specific maintenance discrepancy(s) reportedly rendering the aircraft un-airworthy 

We look forward to your clarification and assisting the FAA in achieving a rapid resolution to this matter. 

Sincerely, 

Cc: Mr. Lawrence Fields 

Cc: Mr. Alan Armstrong 

End: copy of original letter 

P.O. Box 1784 • Ponte Vedra Beach, FL 32004-1784 • (904) 273-3018 • Fax: (904) 273-2164 

Atlanta • Birmingham • Bowling Green • Dallas at Addison • Dallas at Arlington • Daytona Beach • Ft. Lauderdale 

Houston • Jacksonville • Jacksonville Beach • Lets Vegas • Long Beach • Panama City • Phoenix 

Raleigh-Durham • Richmond • Riverside • Sacramento • Stuart, FL • Trenton 
RECORD OF n VISIT • CONFERENCE OR 

TIME 

TELEPHONE CALL 3:00 PM 

DATE 

10/27/2008 

NAME (S) OF PERSON (S) CONTACTED OR IN CONFERENCE AND LOCATION ROUTING 

Jim Koziarski of ATP SYMBOL INITIALS 

SUBJECT 

EIR's 42 and 45 

DIGEST 

Called Mr. Koziarski based on him requesting more information before he can respond to the LOI's. In a letter to 

us he asked three additional questions. I told Mr. Koziarski that the complaint was anonymous. He asked if we 

had a record of the complaint and I told him yes. I informed him that the persons that ATP offered the aircraft to 

were his customers/students/instructors. He asked if I had specific names and I told him no. I told him that he • 

could research his records to see who ATP offered the aircraft to. I then told him that N304BK had a inoperative 

#1 comm and that N575AT had a inoperative right fuel boost pump. He then wanted to know if these two 

discrepancies were specifically addressed in the complaint. I told him that 304BK was but it v/as not specific. I 

told him that we came to the specifics after investigating the compUant and talking to persons at ATP Richmond. 

I told him that the information from N575AT came from folks at ATP Richmond. He asked if we sent any pilot's 

letters and I told him that I could not give out that information but we were looking into who flew the aircraft. I 

informed him that we obtained maintenance records from the Orlando FSDO who got them from Jacksonville. 

He wanted to know exactly what we received and I told him aircraft maintenance logs for N304BK and N575 AT 

and flight records for N304BK. I stated he could submit any additional information to show that the aircraft did 

not fly in an un-airworthy condition because the facts that we have no show they did. I then asked him how a 

pilot documents a discrepancy on an ATP aircraft and he informed me that they are to call maintenance. I then 

asked how a different pilot would know that the aircraft had a discrepancy on it and he stated that all pilots must 

CONCLUSION, ACTION TAKEN, OR REQUIRED 

call dispatch who would tell them if the aircraft is airworthy or not. I asked how does the information get relayed 

to dispatch from maintenance and he stated electronically. I asked how and he stated a computer program would 

block the aircraft showing it broke. I told him that I would follow-up his request in a email and that to save time 

he could send any additional information in a email as well. 

DATE 

10/28/2008 FLM - A/W 3UL 

FAA Form 1360-33 (4-75) Formerly FAA Form 1522 AFS Electronic Forms System - v2.2 
ALAN ARMSTRONG 

ATTOHNKY AT LAW 

•pjtMK. SZDOB OO OPFICB PAWK 

BTjnjDiKO a, seo o CSAMBX.EE-TOGKE K ROA D 

(770) 40J-031 3 ATUkNTA., OBOROIA. 0004 1 »lan@«l«narm«troagUw.com 

FAX (770) 401-0317 wvw.aJanannitrongUw.com 

November 4, 2008 

VIA U.S. MAIL AND 

EMAIL @ Jeff.Slaughter@faa.gov 

W. Jeff Slaughter 

Front Line Manager, Airworthiness 

Federal Aviation Administration 

Richmond Flight Standards District Office 

5707 Huntsman Road, Suite 100 

Richmond Int'l Airport, VA 23250-2415 

Re: FAA Case No. 2008EA210042 

FAA Case No. 2008EA210045 

Dear Mr. Slaughter: 

The xmdersigned is coimsel to Airline Transport Professionals, Inc. ("ATP"). I 

am in receipt of your letters to Jim Koziarski of ATP dated October 14, 2008. There 

does not appear to be any basis for declaring that N304BK and N575AT were 

operated in an unairworthy condition. Assuming for purposes of discussion that 

yovir basic premise were true, then the pilot in command was the final authority for 

the safe outcome of the flight imder §91.3 of the Federal Aviation Regulations. If 

the pilot in commemd made an assessment that the aircraft was unairworthy, then 

he, not ATP, was in violation of the Federal Aviation Regulations. 

In summary, as best I can tell from the information provided to me, the FAA 

is pursuing the wrong person. It should be going after the pilot in command of the 

flight assuDMng (without conceding) that the aircraft was in any way imairworthy. 

Thank you for this opportunity to respond to your letter of investigation 

dated October 14, 2008. 

Best regards, ./ 

an Armstrpng ' 

AA/vl 

cc: Jim Koziarski, ATP 

Florence Fields, Regional Mgr. 

1,X 
10/29/2008 3:46:26 PN 

THE MOST RESPECTED NAME IN PILOT CERTIFICAT | 

TJmUaJns JSr 

Pi/a t cynTiSC^ 

AJrJme Thanspai t I^^tt>j^s'sfan;3ls 

ATP Facts 

As of Wednesday, October 29, 2008 

When you compare the scale of ATP's flight training operations to other flight schools, academies, colleges and FBOs, there's n 

wonder why ATP is leading provider of pilots to the regional airlines. 

0 Flight Time: Over 11,000 hours of flight training and nationwide cross-country flight experience per month. 

<D Certification: Over 4,500 FAA certificates issued annually. 

O Aircraft: 140 aircraft 90 multi-engine, 56 single-engine, 1 Citation Jet. 

O Aircraft Orders: 10 new multi-engine Piper Seminoles to be delivered in 2008. 20 Diamond D-JETs on-order. 

O Flight Training Devices (FTDs): 36 multi-engine FTDs. 

O Regional Jet FTDs: 5 CRJ-200 FTDs (Dallas, Jacksonville, & Phoenix) 

O Graduates: Over 40 Commercial Multi-Engine Pilots with CFIs graduate per month. 

O Airline Placement: 341 graduates hired by airlines in the last twelve months. 

O Locations: 21 flight school locations across the U.S. 

O U.S. Market: ATP trains only U.S. pilots for the regional airtines-no distractions from international students. 

O Reputation: 70% of ATP's students are referred by friends. -

O Flight Instructors: ATP Flight Instructors are the highest-paid entry-level CFIs in the country, with more multi-engine experience 

than any other flight instructors of comparable total time. 

O Value: No other flight school or flight training academy offers a better value than ATP's fixed-cost^ fixed time frame Airline Career 

Pilot Program. 

O Mechanics: ATP's mechanics are the most experienced and highest paid in the flight training industry. On average, each ATP 

mechanic has been with ATP over five years. 

@ Maintenance Centers: Five maintenance centers in Atlanta, Dallas, Jacksonville, Phoenix, and Riverside handle routine 

maintenance and scheduled inspections on ATP's entire fleet. An on-site inventory of engines, propellers, avionics, and other 

components means that no ATP airplane ever waits for a part. 

O Bottom Line: ATP trains airline-ready pilots from zero time to 500 TT/300 ME with Regional Jet Standards Certification in as little 

as 10 months. 

Seniority is Everything—Get there First with ATP 

Request an information pack by mail to receive brochures, magazine articles, and „ ^ , , 

financing info for ATP's Airline Training Programs. Kequest wore mro 

2008 Outlook 

O ATP will be positioned to deliver over 100,000 flight hours and up to 800 airline-ready pilots. 

2009 Outlook 

O ATP receives 20 D-JETs for career training. Each graduate will have a type rating and 50 hours of PIC jet experience. 

O ATP will be positioned to deliver over 150,000 flight hours and over 1000 airline-ready pilots. 

T-3 

Updated 09/25/08. Copyright © 2008 ATP. All rights reserved. ^ 

- - • - _ . - . _ .. _ _ _ J M I t j i v n ^ 
Rir "0 2150-1 

ENF." iCEMENT INVESTIGATIVE L.^tORT 

(Read Order 2150.3 for instructions) 

Report Number 

2008EA210042 

Related dumber 

2008EA210045 

1. Name 

DBA Name 

Designator 

ALLEGED VIOLATOR IDENTIFICATION 

AIRLINE TRANSPORT PROFESSIONALS 

2. Address (Include zip code) 

POST OFFICE BOX 1784 

PONTE VEDRA BEACH FL 32004-1784 

TELEPHONE NUMBER (904) 273-3018 1 3. DATE OF BIRTH / / | 4. SEX 

5. FAA Cert, # | 6. FAA Certificate Type 

I NONE 

I LARGE BUSINESS CONCERN 

7. Aviation Employer 

AIRCRAFT, ENGINE, PROPELLER, COMPONENT OR APPLIANCE INVOLVED 

8. ^4AKE PIPER 9. MODEL PA44180 I 10. IDENT. NUMBER 304BK 

1 ACFT SN 447995017 

11. Owner Name AIRLINE TRANS PROFESSIONALS CORP USA 

12. Address (Include zip code) 

2711 CENTERVILLE ROAD 

. SUITE 400 

WILMINGTON 

ALLEGED VIOLATION 

DE 19080-1645 

13. Date Occurred 1 14. Time I 15. Date Known to FAA I 16. Region of Discov 

2008/09/09 I : I 2008/09/18 j EA 

17. Location RICHMOND INTL RICHMOND 

RICHMOND INTERNATIONAL AIRPORT VA 

Airport ID RIC 

VA Sec Cat 

1 

CD 
SECTION B 

2008EA210042 

STATEMENT OF CASE 

From September 9,2008, through September 19, 2008, Airline Transport Professionals offered 

N304BK, a Piper PA-44-180 (lOP 1), for operations in violation of the following regulations: 

Airline Transport Professionals (herein referred to as ATP) is an aviation business which 

conducts flight training under 14 CFR Part 61 which has a flight training location at the 

Richmond International Airport, in Richmond, VA (lOP 2). 

On September 12,2008, the FAA received an aviation safety hotline complaint (TOP 3) stating 

that the caller has strong concerns regarding the maintenance of the ATP aircraft in Richmond. 

The complainant stated that the site manager, Mr. Todd Kallenbach, is always under pressure 

from Jacksonville (where ATP main dispatch center is located) to not have the pilots write up 

things on the aircraft and ground them. The caller stated that right now, one aircraft is grounded 

due to the radios not working and the caller stated that Jacksonville keeps trying to get Todd to 

allow the aircraft to fly. 

On September 18, 2008, Inspector Ken Bain and Front Line Manager Jeff Slaughter went to ATP 

and met with Chief Pilot (site manager) Todd Kallenbach (lOP 4). During this visit, Mr. 

Kallenbach agreed that he was always under pressure from dispatch and the Vice President [of 

ATP] (Jim Koziarski) to not ground the aircraft. I asked him specifically about an aircraft that 

had radio problems and he stated that N304BK sat here in Richmond grounded because the #1 

and #2 communication radios were inoperative. He stated that during that time, dispatch (ATP) 

had called all the flight instructors at Richmond to get them to fly the aircraft and all had reftised. 

Mr. Kallenbach then stated that the Vice President (Mr. Koziarski) talked him into swapping out 

one of the radios over the telephone. He also changed and serviced the aircraft battery. Mr. 

Kallenbach does not hold a mechanics certificate. He asked the Vice President if he was allowed 
to perform this maintenance and the Vice President told him yes. Mr. Kallenbach changed the 

#2 radio and serviced the battery without making any maintenance record entries to show that 

maintenance was performed. The #1 radio still did not work. Statements from Mr. Kallenbach 

show that he performed this maintenance on September 15, 2008. Mr. Kallenbach then stated 

that on September 15, 2008, two smdents from ATP arrived to pick up N304BK. Mr. 

Kallenbach informed the two pilots that the #1 radio did not work and they elected to fly the 

aircraft anyway. 

We requested the help of the Orlando FSDO in obtaining maintenance records from ATP for 

N304BK (lOP 5). On September 24, 2008, Inspector Bain received a telephone call from Mr. 

Kallenbach where he stated that his boss requested him to back-date maintenance records to 

account for the maintenance he performed on September 15, 2008 (lOP 6). 

On September 29, 2008, we received, via email, copies of the maintenance records for N304BK 

from the Orlando FSDO (lOP 7). Those records showed that maintenance log sheet No. 28422 

showed that Shawn Downey documented the discrepancies with the #1 and #2 radios and that 

Todd Kallenbach stated he removed and replaced the #2 radio with a serviceable unit on 9/15/08. 

It also had a discrepancy that the battery was weak and a corrective action that the battery was 

replaced with a serviceable one on the same day. 

In the same package, a maintenance log No. 39040 dated September 19,2008, documenting that 

the GPS 430 and the #2 comm. antenna was replaced by an airframe rated mechanic Mr. Clint 

Foret (lOP 7a). 

Based on the maintenance records for the aircraft, on October 3,2008,1 conducted an interview 

with Mr. Shawn Downey (IDF 8). Mr. Downey stated that he did call ATP maintenance and 

inform them that the #1 and #2 radios did not work on September 8,2008. He also stated that he 

wrote the discrepancies on the 'Vhite board" in the Richmond ATP office. He stated that a 

couple of days later ATP contacted him to verify the discrepancies and asked if he would check 

them again and he did. He conveyed to ATP that the #1 was still inoperative and that the #2 

appeared to work better. He stated that approximately one week later he was told by Mr. 

Kallenbach that the Vice President of ATP requested he make a maintenance record entry in the 

aircraft log annotating the discrepancies and he did. I asked when he made this entry and he 

stated he did not recall the exact day but it was the day that Mr. Kallenbach made his entries. 

This has been proven to be September 24, 2008. 

On October 15,2008, Inspector Ken Bain interviewed Todd Kallenbach based on the 

information we received from the maintenance records (lOP 9). Mr. Kallenbach confirmed that 

he did change the #2 radio and that the #1 radio was still inoperative. He also stated he 

discovered the battery was weak and changed the battery. He stated that did not make the 

maintenance records until September 24, 2008, even though he accomplished the work on 

September 15,2008. He also stated again that he did inform the pilots picking up N304BK on 

September 15,2008, that the aircraft had a discrepancy against the #1 radio. 

3 
Records provided by ATP (lOP 10) through the Oriando FSDO showed that N304BK was 

offered for operation and flew on: 

• 9/9/2008 

• 9/15/2008 

• 9/17/2008 

• Twice on 9/18/2008 

• 9/19/2008 

A computer print out of FlightAware (lOP 11) shows that an IFR flight plan was filed on the 

following days: 

• 9/15/2008 

• Two on 9/17/2008 

• 9/18/2008 

• Three on 9/19/2008 

Based on these records the aircraft flew at least 5 flights while un-airworthy. The three flights 

conducted on 9/19/2008 may have been conducted after the aircraft underwent maintenance by 

Mr. Foret (lOP 7a). 

Theses records show that from 9/9/2008 imtil 9/19/2008 the aircraft was offered for operation by 

ATP with discrepancies rendering the aircraft un-airworthy. They also show that ATP had 

maintenance performed on 9/15/2008 without documenting that maintenance or returning the 

aircraft to service. Records also show that the aircraft was not operated under 14 CFR Part 91 

§9i:213(d). 

On October 14,2008, we sent ATP a Letter of hivestigation (lOF 12). 

On October 24,2008, we received a faxed response from ATP regarding the LOI. We received a 

hardcopy response on October 27, 2008 (lOP 13). Response from ATP requested additional 

information regarding the investigation so that ATP can provide correct information. 

On October 27, 2008, Front Line Manager Jeff Slaughter contacted Mr. Jim Koziarski (Vice 

President of ATP). Mr. Koziarski wanted to know additional information regarding the 

investigation prior to responding to the LOI. I did ask Mr. Koziarski how a pilot was to report a 

mechanical irregularity on one of ATP's aircraft and he stated that they would call maintenance. 

I then asked how a pilot would know if an aircraft had a discrepancy on it and he stated that 

dispatch would let them know prior to them flying as all pilots had to get a release from dispatch. 

If an aircraft had discrepancies on it then dispatch would not release it (lOP 14). 

On November 4, 2008, we received an email response to the LOI from Mr. Alan Armstrong, 

counsel to ATP (lOP 15). 

f 
SECTION C 

ITEMS OF PROOF 

2008EA210042 

1. FAA Registry inquiry results for N304BK. 

2. Internet home page for Airline Transport Professionals. 

3. Record of telephone call between anonymous caller and FSDO. 

4. Record of Inspector Bain and Slaughter's visit to ATP. 

5. Request for assistance with the Orlando FSDO. 

6. Record of telephone call (left on voice mail) from Todd at ATP to Inspector Bain. 

7. Aircraft maintenance log 28422 for N304BK. 

7a. Aircraft maintenance log 39040 for N304BK. 

8. Record of Interview of Mr. Shavm Downey regarding N304BK. 

9. Record of Interview of Mr. Todd Kallenbach regarding N304BK. 

10. Copy of N304BK flights received from ATP. 

11. Copy of FlightAware internet program report showing IFR flight plans filed and flown 

forN304BK. 

12. Copy ofLOI sent to ATP. 

13. ATP' s response to his letter of investigation requesting more information. 

14. Record of telephone call to Jim Koziarski providing additional information regarding 

LOI. 

15. ATP's response to the LOI. 

16. Copy of ATP's experience from their website. 

r 
r:40:T)3T]V 

MSAT-B Home Registry Air Operator 

MYFAA 

Employee Site 

Air Agency Help 

FAA. 

\A\jVkk Home 

Registry Detail 

<< Previous 

Page 

This page produced 9/18/2008 1:39:53 PM By: t^S\f^tKnVN S New N# Search 

MRCRAFT WITH N # EQUAL TO; 304BK 

I

Cert I Ind P \ Year I 

Number I Serial # # I Group fstatusfl Manuf. | 

Modes 

Code 

Cert Issue I Air-Worth I Pending NDate I Date | Num Chg 

Reg 

Code lAcces/Conv 

i304BK 44- Si 

7995017 ii 1N !3 Valid 1978 50627121 ij01/14/1993 108/25/1978 17104402 ii 170754 D 

RegManuf.l Code 

RegModel AC-Type 

#of I #of I AC I AC 

Engines \ Seats | Weight \ Speed 

A C -

Category 

AMAT TCBuilt Engine 

Manufacturer 

'! iiPA-44 ~r; -

PIPER!i7104402 f.T ^ 

Fixed Wing Muli 1^2 

Engine || J4 T "*"' IP 

]CI_ASS 1 110 iiLand 1!0 LYCOMING 

Eng. Model j Eng. Type • \ Horsepower | Fuel Consumed \ Dealer/IR~|| Certification Category 

i6&VO-360 SER IJReciprocating p8 0 No No ISTANDARD 

n JZL Registered Owner Information I 

AIRLINE TRANS PROFESSIONALS CORP USA 112711 CENTERViLLE RD STE 400 WILMINGTON' llDElil98081645' 

Partner Information 

• For Official Use Only • 

Information available within this website covered by the Privacy Act 

Public availability to be determined under 5 U.S.C. 552 

For Question/Comments contact AVS Support Central at 

1-405-954-7272 or send an email to mail to: 

9-AMC-AVS-Support-Central@faa.gov 

x^Jm Federal Aviation 

m ^ Administration 

Gov Sites: 

U5A.gov 

DOT Intranet 

Reader s & 

Viewers : Date: Thursday, September 

Time: 1:39:53 PM Central 

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( / 
RECORD OF n VISIT • CONFERENCE OR TELEPHONE CALL 11:30 AM 

DATE 

09/12/2008 

NAME (S) OF PERSON (S) CONTACTED OR IN CONFERENCE AND LOCATION ROUTING 

Anonymous SYMBOL 

SUBJECT 

Compliant against ATP in RIC 

DIGEST 

Caller voiced strong concerning the maintenance of the aircraft at ATP in RIC. One day three of the aircraft were 

grounded for maintenance issues. Site manager Todd Kallenbach is always under pressure from Jacksonville to 

not have the pilots write up things on the aircraft and ground them. Right now, one aircraft is grounded due to the 

radios not working and caller stated that Jacksonville keeps trying to get Todd to allow the aircraft to fly to do 

training. Caller stated that more and more DPE's are refusing to fly in the aircraft due to their mechanical 

condition. Caller stated that Todd is doing a good job defending why the aircraft should be parked but is being 

overwhelmed by ATP dispatch to allow the aircraft to fly. ATP dispatch is trying to convince students and 

instructors not to write up discrepancies and fly the aircraft. Caller states the FAA needs to get involved to stop 

what is going on and force ATP to follow the regulations 

Caller called back and stated that discrepancy sheet for the aircraft are sent to Jacksonville and Jacksonville wants 

Todd to erase the discrepancy board so that no one can see if discrepancies exist on the aircraft. Jacksonville is 

saying Todd can erase the board because they are tracking the discrepancies. Really just want to be able to 

dispatch aircraft when no one in RIC can see there are discrepancies on the aircraft. All this supports their culture 

to fly the aircraft regardless of the discrepancies. 

CONCLUSION, ACTION TAKm. OR REQUIRED 

r^;-/''" 

^7/?^ a^d ^ r5 •'•.••. 4 1 

09/12/2008 FLM 

FAA Form 1360-33 (4-75) Formerly FAA Form 1522 YT AFS Electronic Forms System / 
RECORD OF VISIT • CONFERENCE OR Q TELEPHONE CALL 

TIME DATE 

09/18/2008 

NAME (S) OF PERSON (S) CONTACTED OR IN CONFERENCE AND LOCATION ROUTING 

Todd @ ATP SYMBOL INITIALS 

SUBJECT 

Complaint received 

DIGEST 

Inspector KLB and I visited Todd from ATP and informed him that we had a complaint that ATP was pressuring 

instructors and students to fly the aircraft with discrepancies. He stated that he was well aware of the problem 

and had briefed all his CFI's and posted a message that no one is to fly aircraft with open discrepancies. He stated 

that he is always pressured from dispatch and the VP (Jim Kozarski) to not ground the aircraft. I asked him 

specifically about N304BK and he explained to me that the aircraft had a inoperative #1 comm and a intermittent 

#2 nav and that the battery was weak. He stated it sat here in RIC for about 10 days grounded. He stated that 

dispatch (ATP) had called all the CFI's to try to get someone to fly the aircraft and all the CFI's reftised. He then 

stated the VP talked him through over the phone on changing the batter and swapping out one of the radios. KLB 

asked if he was able to perform those tasks under part 91 and he stated that the VP said he could. I asked if he 

made a maintenance record entry and he stated no because there is no method for them (CFI's) to document 

discrepancies or corrective action. All discrepancies are reported to dispatch and then they write the 

discrepancies on a dry erase board in the office. I asked if he had training, tools, tech data necessary to perform 

the work, he stated no that the VP told him what to do. I showed him in appendix that he was able to change the 

battery and the conlm but that the rule required a ops check per the manufacturers instructions and he stated he 

did not do that. He stated that on Sept 15, 2008, two students from ATP arrived to pick up N304BK. Todd told 

the two students of the discrepancies and they flew the aircraft anyway. Todd stated that he was 

CONCLUSION. ACTION TAKEN, OR REQUIRED 

verbally reprimanded by the VP for this incident and he also stated that he quit because of it. He was talked into 

coming back by ATP. He stated there corporate culture is to have cross country IFR students go around and fly 

broken aircraft. He showed me an email that he sent the VP (Phil) regarding 304BK and stated the aircraft was 

grounded on Sept 8, 2008. His email relayed his concem to the VP that ATP was advocating flying unairworthy 

aircraft and that he nor anyone from RIC would do this. 

DATE 

09/30/2008 

TITLE 

FLM 

SIGNATURE 

.^^ 

FAA Form 1360-33 (4-75) Formerly FAA Form 1522 AFS Eleclroric Fofms System - v2.2 / y / 
RECORD OF • VISIT • CONFERENCE OR TELEPHONE CALL 2:28 PM 

NAME (S) OF PERSON (S) CONTACTED OR IN CONFERENCE AND LOOTION 

Todd Kallenbach 

09/24/2008 

ROUTING 

SYMBOL INITIALS 

Chief Pilot ATP -RIC 

Left Voice mail Message for KLB 

SUBJECT 

Maintenance record entry N304BK 

DIGEST 

Hey Kenny, 

My boss e-mailed me from Jacksonville, he wanted me to date that form to 9/15, the date I did the work on. I 

don't understand why he said 9/15. That is what he said; I don't know if that is legal or not but I still feel 

uncomfortable doing that. I don't know if it is acceptable to the FAA to back date a signature to the 15th. If it is 

acceptable I have no problem doing that but either way I feel like he is trying to get me to postdate the sign off. 

Give me a call at 677-6576. I'd appreciate it. Thanks. 

CONCLUSION, ACTION TAKEN. OR REQUIRED 

10/20/2008 

TITLE 

ASI 

SIGNATURE 

Kenneth L Bain 

FAA Form 1360-33 (4-75) Formerly FAA Form 1522 AFS Electronic Forms System - v2.2 

/ . / 
r^ yy^^ 

^/rJJu e 7j£i/7sport J^ro/i^ssjon3/s- MAINTENANCE LOG NO. 28422 

Aircraft Registration # N 3 OM fe K ^^f j^l # 

• 

n Airframe D Other (specify) 

D Engine - Left / Right Serial # 

D Propeller - Left / Right Hub # 

Date Hobbs AM IIS Other 

L-Tach R-Tach 1ISN TTSMOH 

D lOOHR n Annual D Repair B^Other /)1//0A>;CJ' 

ENTRY: 

1 

rvA>f co-U-cW«i ^ ^ "T/.LI ^ 

I 

^Z-<LO^/.c^WcScitl«V (l^Jf- SL5,x5 W^4^ukM U tv.^ „, 07/)-0.? ^/./-lO/L a57lV^)l^'T(Jci^' 

* \ k^ ^ W-^'xt • CO//-^r;l-U C,^\\^u -r?y»Uur < l<^H-iA 

tf iVi^{<.clU U/^i^ 0.^ 09/TO P 

Tor^^ Kdl/.(cr/. C./X- \CIA ^S^:fHmf^f 

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N 

A 

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— 
Pi tot <Turocr 

^/r/jne: 7j~3JispCfj-t /^ro.^ssjon3/s MAINTENANCE LOG Ht 39040 

Aircraft Registxation # N 3r>H&'C^ Serial # ^^-^"^ ^ ' 0/ ? 

W Airframe 

TH Engine - Left / Right 

D Propeller - Left / Right 

D Other (specify) 

Serial # 

Hub # 

Date ^-/"i^OY 

L-Tach 

Hobbs 

R-Tach 

AFTTIS 

TTSN 

Other 

TTSMOH 

D 100 HR • Annual yoj Repair n Other 

EN' 

AIRFRAME 

Date 

9-19-08 

Reg.# 

N304BK 

Make 

Piper 

Model 

PA-44-180 

S/N 

44-7995-017 

Replaced GPS 430 serial # 97104845 with serviceable unit serial number 97101910, 

ops checked good. Replaced communications antenna on comm. #2 with serviceable 

antenna and verified ops checked good. I certify that this repair has been 

accomplished in accordance with all applicable technical data and this repair is 

approved for return to service at this time. 

^ y ^ 

-ENDClint Foret A# 3027808 

ViTiite - Mai.-iteriLi Yellow - Aircrart / / 
Record of Interview 

Mr. Shawn Downey 

CFI3257155 

I, WilUam J. Slaughter, a Front Line Manager - Airworthiness Unit, at the Richmond 

FSDO, conducted an interview with Mr. Shawn Downey on October 3,2008 at approx 

1400 hrs EDT here at the Richmond FSDO. I verified Mr. Downey's identification 

through his driver's license. Mr. Downey was brought in for interview regarding the 

complaint we received on N304BK, one of ATP's flight school aircraft. I showed Mr. 

Downey a copy of a ATP maintenance log No. 28422 identified with N304BK in the 

Aircraft Registration # N block on the form. I asked him if he made the entries that were 

on the page starting with #1 Com and #2 Com. He replied yes. I asked him when he 

made the entries and he stated approx a week after he called maintenance and informed 

them of the discrepancies. I asked him to explain. Mr. Downey offered the following: 

He stated on Sept 8, 2008 he was on the executive ramp at RIC with a student and was 

about to taxi out for instruction when he called the RIC on the #1 Com. There was no 

reply at all. He tried again and received no reply from RIC. He then called RIC on the 

#2 com and received a response that the transmission was unreadable. He terminated the 

training flight and called maintenance to report the problem. He also stated he 

documented the discrepancies on the "white board" in the office so that all would see the 

aircraft is broke. . 

He stated that a couple of day's later maintenance called him and asked him to check the 

com's and he did. #1 com was still inoperative and the #2 com appeared to be working 

better. He was able to communicate on the #2 com at that time. He informed 

maintenance of the results. 

Approx a week later he was told by Todd [ATP RIC chief pilot] that the VP of ATP (Jim) 

requested he make a maintenance record entry in the aircraft maintenance log armotating 

the discrepancies. He stated that he got the maintenance log out of a different aircraft. 

He was told what to write by Todd but that it accurately described the discrepancies. He 

noted that Todd added the wording "per 91.217" to the entry and he did not know why. 

He stated that he did not document any other of the language or wording identified on 

aircraft maintenance log page No. 28422. He stated he made the entries on that log page 

the same day Todd made the other entries. 

I asked him to explain the procedure to document discrepancies in the aircraft when 

discovered. He replied that they are to call maintenance and report and discrepancies to 

them. He stated at up till a couple of weeks ago they would also write the discrepancies 

on a "white board". He stated that within the past couple of weeks that have been 

informed not to us the board. They are to call maintenance only. 

'-^-Oo^'^<^ ' 

WiUiam J. Slaughter 

n 
Record of Interview 

Mr. Todd Kallenbach 

ChiefPilot,ATP,RIC 

I, Kenneth L Bain, an Airworthiness Inspector, at the Richmond FSDO, conducted an 

interview with Mr. Todd Kallenbach on October 15, 2008 at approximately 09:30 EDT 

here at the Richmond FSDO. I verified Mr Kallenbachs identification through his 

Virginia Drivers License. The purpose of the interview was fact finding related to 

discrepancies with aircraft N304BK euid maintenance log number 28422. 

I asked Mr Kallenbach when did the number 1 and 2 commxmication radios actually get 

written up in the maintenance log? He replied that the he did not recall the exact day. I 

asked if was the same day he left me a telephone message regarding his boss requesting 

him back date the maintenance log for N304BK radio discrepancies? He replied yes. 

(My review of my telephone messages found the date to be 09/24/2008). I questioned as 

to the meaning of corrective action #2 RNR. He stated that it meant removed and 

replaced #2 com. I asked when the corrective action was recorded in maintenance log? 

He stated the same day the discrepancy was recorded. I asked what operational checks 

were performed on #1 and #2 radios and what were the results? He replied that a basic 

transmit /receive check was performed on # 2 and it seemed to work fine but #1 still did 

not work. I asked if the the maintenance records were documented before the aircraft left 

on 09/15/2008? He said no. 

Regarding the battery weak maintenance record entry - When was that discrepancy 

documented and approved for return to service? He stated the same day (09/24/2008) 

Did you inform the pilots picking up the aircraft on 09/15/2008 that there v/ere still 

uncorrected discrepancies? He replied yes. 

Does ATP have a log that the pilots document who flew what legs? He replied that 

dispatch maintains such a log. 

A maintenance log dated 09/19/2008 log number 39040 indicates Replaced GPS 430 and 

#2 com antenna. What was that for? And where was the work performed? He responded 

that it was for the defective #1 com. And that the work was done in Atlanta. 

Kenneth L. Bain 

0 

d 
Page 1 of2 

Page 

N304BK 

Flights from 9/5/08 thru 9/24/08 

Reference # N-Number 

309665 

309508 

309835 

310222 

311292 

3H674 . 

311775 

311820 

312079 

312088 

312124 

312168 

312208 

312630 

312718 

312737 

304BK 

304BK. 

304BK. 

304BK. 

304BK. 

304BIC 

304BK. 

304BK 

304BIC 

304BIC 

304BK. 

304BK 

304BK. 

304BK. 

304BK. 

304BK: 

Date 

• 9/5/08 

9/5/08 

9/6/08 

9/9/08 

9/15/08 

9/17/08 

9/18/08 

9/18/08 

9/19/08 

9/20/08 

9/20/08 

9/20/08 

9/20/08 

9/23/08 

9/24/08 

9/24/08 

Airport 

RIC 

TYS 

RIC 

RlC 

RDU 

LZU. 

LZU 

CRG 

ORG 

CRG 

ILM 

MDQ 

CRG' 

CRG 

LZU 

TYS 

• Out 1 

6960 

6961.9 

6965.2 

6968.2 

6968.8 

6970.3 

6973 

6975.3 

6978.1 

6979.9 

6982 

6984.5 

6987.7 

6990.9 

6992.4 

6994.4 

n Total 

6961.9 

6965.2 

6968.2 

6968.4 

6970.3 

6973 

6975.3 

6977.6 

6979.9 

6982 

6984.5 

6987.7 

6990.5 

6992.4 

6994.4 

6995.7 

1.9 

3.3 

0.2 

1.5 

2.7 

2.3 

2.3 

1.8 

2.1 

2.5 

3.2 

2.8 

1.5 

1.3 

f 1 

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Want a full history search for N304BK dating bacl< to June 2005? Buy now 

Date Type Origin Destination Departure 

28-Sep-2008 PA44/G gg^g^^^^ " ^^9" ' Fulton County (KFTY) 

26;Sep_-J2g08 PA44/G Monroe Rgnl (KMLU) fS^^"^ " ^ ^^"' 

26-Sep^2Q08. PA44/G geWG)'^'^^" ^ '^^"' ^0"TM® ^9"' ^^MLU) 

25-Sep^2g08 PA44/G Gwinnett County (KLZU) ?S^^"^ " ^ '^^"' 

25-_Sep,-20_Q8 PA44/G Gwinnett County (KLZU) ^'||JQ5? " '^^"' ^^^^^"^ 

25-Sep_-1008 PA44/G Gwinnett County (KLZU) Gwinnett County (KLZU) 

25-Sep-2Q08 PA44/G Craig Muni (KCB_G) Gwinnett County (KLZU) 

24.^SeB;2_008 PA44/G Mc Ghee Tyson (KJYS) Craig Muni (KCRG) 

24-Sep_-2i)08 PA44/G Gwinnett County (KLZU) Mc Ghee Tyson (KTYS) 

24-Sep-2008 PA44/G Craig Muni (KCRG) Gwinnett County (KLZU) 

20-_Sep,2008 PA44/G ggj ^ ^""^ ^ ^rpt ^^^.^ ^^^ . ^^^^^^^ 

2.0-Sep-2008 PA44/G Wilmington Intl (KILM) ^K£Q ) ^""" ^ '^ ^ 

20-Sepr2008 PA44/G Craig Muni (KCRG) Wilmington Intl (KILM) 

19-Sepr2008. PA44/G Craig Muni (.KCRG) Craig Muni (KCRG) 

19-Sep,2008 PA44/G fygfiK f *" ^^''^^^ '^'^^ ^^^'9 1^""' (*^eRG} 

19_-Sefi.:20Q8 PA44/G g^^ f "^ ^°'^^ " '"'^" Craig Muni (KCRG) 

18-Sep:20p8 PA44/G Gwinnett County (KLZU) Craig Muni (KCRG) 

17,SeR-2008 PA44/G ^R^J'^"'*'^" ' '"" Gwinnett County (KLZU) 

17,Sep_-2008 PA44/G (^^i^)'^"'^^'" '"" Craig Muni (KCRG) 

15-Sep-2008 PA44/G Richmond Intl (KRIC) [l^ifi?!l'^"*^' ^ '"" 

(i\KUU) 

06:Sep-200„8 PA44/G Mc Ghee Tyson (KTYS) Richmond Intl (KR.IC) 07;25PM E 

04:Sep:2008 PA44/G Richmond Intl (KRJC) Mc Ghee Tyson (KTYS) 07;03PM E 

09:59AM C 

01:56PM C 

09:37AM C 

05:49PM E 

05;49PM E 

02:08PM E 

10:33AM E 

03:04PM E 

12:13PM E 

09;35AM E 

06:04PM C 

01:55PM E 

09:55AM E 

08:00PM E 

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05:55PM E 

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g4-Sep-2008 PA44/T Richmond Intl (KRIC) 

02-Sep-2008 PA44/G Akron-Canton Rgnl (.KCAK) 

02-_Sep:2p08 PA44/G Richmond Intl (KRIC) 

0,2-Sep:20.08 PA44/T Richmond InU (KRIC) 

Q2-Sep-200.8 PA44n" Richmond Intl tKBJC) 

01-Sep-2P08 PA44/G Mc Ghee Tyson (KTYS) 

01-Sep;2008 PA44/G Walker County Arpt (KJF_X) 

22:Aug-.2Q08 PA44/G [2??!?)^^'*^"^^^^°'"" 

21rAug-2008 PA44/G Walker County Arpt (KJFX) 

2^Aug:,2008 PA44/G g^^JJ^^ ^^'^^^ ^ '"" 

19-AUQ-2008 PA44/G ^^^^ J ^^-^^"f ^ '"« 

17-Aua-20,08 PA44/G Dothan Rgnl (KDHNJ 

17.Aug-.2Pg8 PA44/G Pgama City-Bay Co InU 

17-Aug-2008 PA44/G Dothan Rgnl (KDHN) 

17-Auq-2008 PA44/G Panama City-Bay Co Intl 

1.6-Aug-2008 PA44/G Craig Muni (KCRG) 

15_-ADg-_2008 PA44/G Craig Muni (KCRG) 

15rAug;2008 PA44/G Craig Muni (KCRG) 

13-Aug-2008 PA44/G Dothan Rgnl (KD±|N) 

13-_Aug-2008 PA44/G Key Field (KMEI) 

13:Aug-2008 PA44/G Key Field (KiyiEl) 

13-Aug-2008 PA44/G Fulton County (KFTY) 

12-Aua-2008 PA44/G J^j^^^jn RgnlJetport 

.12.-A.Mgr2_0Q8 PA44/G Arlington Muni (K_G_KY) 

.1^Aug-20g8 PA44/G El Paso Intl (KELP) 

1lTAug;200.8 PA44/G Williams Gateway (KIVyA) 

Q6.-A_ug-200_8 PA44/G Riverside Muni (KRAL) 

Q6:Au^-2008 PA44/G S^|JJ^ento Executive 

Q5j:Aug-2p08 PA44/G Riverside Muni (KRAL) 

P5:Aug-20P8 PA44/G fScT"' " ^'^"'""''^ 

P3-Aug-2gp8 PA44/G Riverside Muni (KRAL) 

P2-Aug-20P8 PA44/G Tucson Intl (KTUS) 

p2-Aug-2pP8 PA44/G Riverside Muni (KRAL) 

P1-Aug,2008 PA44/G M-Jjterey Peninsula 

Hanover County Muni 

(KOFP) 

Richmond Intl (KRJC) 

Akron-Canton Rgnl (KCAK) 

Accomack County (KMFV) 

Tri-County (KA_SJ) 

Richmond Ind (KRIC) 

Mc Ghee Tyson (KTYS) 

Walker County Arpt (KJFX) 

Panama City-Bay Co Intl 

(KPFN) 

Walker County Arpt (KJFX) 

Dothan Rgnl (KDHN) 

Panama City-Bay Co Intl 

(KPFN) 

Dothan Rgnl (KDHN) 

Panama City-Bay Co Intl 

(KPFN) 

Dothan Rgnl (KDHN) 

Panama City-Bay Co Intl 

(KPFN) 

Roanoke Rgnl (KR_OAj 

1P:41AM E 

06:56PM E 

04:07PM E 

01:25PM E 

09:12AM E 

02:22PM E 

09:13AM C 

12:15PM C 

09:22PM C 

06:33PM C 

11:08AM C 

03:00PM C 

02:01PM C 

10:38AM C 

09:35AM C 

03:16PM E 

04:52PM E 

Myrtle Beach Intl (KMYR) 10:27AM E 

Craig Muni (KCRG) 

Dothan Rgnl (KDHN) 

Craig Muni (KCRG) 

Key Field (KMEI) 

Fulton County (KFTY) 

Millington Rgnl Jetport 

(KNQA) 

Ariington Muni (KGKY) 

El Paso Inti (KELP) 

Williams Gateway (KIWA) 

Riverside Muni (KRAL) 

Sacramento Executive 

(KSAC) 

Riverside Muni (KRAL) 

Sacramento Executive 

(KSAC) 

Riverside Muni (KRAL) 

Tucson Intl (KTUS) 

Riverside Muni (KRAL) 

08:41PM C 

05:19PM C 

05:19PM C 

12:22PM E 

06:27PM C 

01:12PM C 

05:21PM tJ 

12:15PM V 

02:01PM P 

09:36AM P 

02:19PM P 

09:23AM P 

02:32PM P 

12:50PM 1^ 

08:43AM P 

08:31PM P 

% 
P1-Aug-20P8 PA44/G Riverside Muni (KRA.L) 

30-JUI-2008 PA44/G ?ff'^;??^"*° Executive 

29;Jul-2008 PA44/G f^^TM^"* ° Executive 

29-JUI-2PP8 PA44/G fKSAQ^"*" ^''^'^"''^ 

28-JuJ-2P08 PA44/G Daugherty Field (KLGB) 

.26L-Jul-_2P0_8 PA44/G fgAQ^"^ " E^^ecuUve 

27:Ju!-2p08 PA44/G Mcnary Fid (KSLE) 

27:Jul-2gP8 PA44/G Sgramento Executive 

26-Jul-2PP8 PA44/G Daugherty Field (KLGB) 

26,JuL-2g08 PA44/G Sa|^ent o Executive 

25-JuL20g8 PA44/G Daugherty Field (KLGB) 

. 25tJu!:20P8 PA44/G fK|AQ^"* ° ^''^''"*"'^ 

24-Jul-2P08 PA44/G Riverside Muni (KRAL) 

23,Jut2gP8 PA44/G g|^^ent o Executive 

20-Jiil-20P8 PA44/G fan Luis County Rgnl 

2Q,Jut2g08. PA44/G^||gJ®"*°^^'^'^« 

19-JUI-2008 PA44/G fKlg^'^""^^'^^" ' 

i9-Jul:2008 PA44/G Half Moon Bay (KHAF) 

19,Jui,2g08 PA44/G Sacramento Executive 

19:Ju!:20g8 PA44/A fKlg^^"*" Executive 

17-Jul-20g8 PA44/G fj=^"'^:S°"°'"^ ^ ° ^ * 

(l\bj b) 

.17.Jul-2g08 PA44/G fK|AC)^"' ° E>^ecutive 

15-JU1-2008 PA44/G Metropolitan Oakland Intl 

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15-_Jul-2P08 PA44/G g^SJ^"'" ^^^''"*^''^ 

13-JUI-2008 PA44/U fa n Luis County Rgnl 

13-JUI-2PP8 PA44/U Sacramento Executive 

(ixpAL) 

iP-Jul-2pP8 PA44/G Napa County (KAPC) 

10-JUI-20P8 PA44/G fchulz-Sonoma Co Arpt 

(KoIp ) 

Sacramento Executive 

Monterey Peninsula 

(KMRY) 

Riverside Muni (KRAL) 

Sacramento Executive 

(KSAC) 

Mcnary Fid (K_SLE) 

Sacramento Executive 

tKSAC) 

Daugherty Field (KLGB) 

Sacramento Executive 

(KSAC) 

Mcnary Fid (KSL£) 

Sacramento Executive 

(KSAC) 

Daugherty Field (KLGB) 

Sacramento Executive 

(KSAC) 

Daugherty Field (KLGB) 

Sacramento Executive 

(KSAC) 

Riverside Muni (KRAL) 

Sacramento Executive 

CKSAC) 

San Luis County Rgnl 

(KSBP) 

Sacramento Executive 

(KSAC) 

San Luis County Rgnl 

(KSBP) 

Half Moon Bay (KHAF) 

Buchanan Field (KCCR) 

Sacramento Executive 

(KSAC) 

Schulz-Sonoma Co Arpt 

CKSIS) 

Sacramento Executive 

(KSAC) 

Metropolitan Oakland Intl 

(KOAK) 

Sacramento Executive 

(KSAC) 

San Luis County Rgnl 

(KSBP) 

Sacramento Executive 

(KSAC) 

Napa County (KAPC) 

Schulz-Sonoma Co Arpt 

04:14PM P 

02:17PM P 

09:15AM P 

P9:15AM P 

P4:27PM P 

1P:58AM P 

02:54PM P 

10:02AM P 

03:02PM P 

09:30AM P 

03:17PM P 

10:09AM P 

11:49AM P 

11:54AM P 

09:28PM P 

06:03PM P 

08:25PM P 

05:17PM P 

04:09PM P 

07:51AM P 

04:30PM P 

07:03AM P 

10:54PM P 

10:01PM P 

08:27PM P 

05:35PM P 

11:28AM P 

10:25AM P 

X%t 
!0-Jul-20p8 PA44/G (KSAC) 

P.8-JuL20.p8 PA44/G Riverside Muni (KRAL) 

(KSTS) 

Sacramento Executive 

(KSAC) 

gi-Ju,l-20g8 PA44/G Williams Gateway (KIWA) Riverside Muni (KRAL) 

2.8rJuri^2008 PA44/G Williams Gateway (KIWA) El Paso Intl (KELP) 

09:37AM P 

10:19AM P 

10;12AM ^/ 

11:21AM V 

19-vLu.n-2gp8 PA44/G Daugherty Field (KLGB) Williams Gateway (KIWA) 06:30PM P 

19-Jun-2008 PA44/G Sacramento Executive 

(KSAC) 

19-Jun-2008 PA44/G Daugherty Field (KLGB) 

18-Jun-2008 

i8_-Ju!>2008 

18-Junr20P8 

13-Jun-2008 

13:i|unj2008 

13:.Jun::20g8 

12dyn::2008 

12-Jun-2Q08 

12rJun-2g08 

l1_-Ju.n-,2g08 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

PA44/G 

1.1^Junr.2Q08 PA44/G 

Daugherty Field (KLGB) 02:38PM P 

Sacramento Executive An AA^^ M rt 

(KSAC) ^°-1^A^ P 

Daugherty Field (KLGB) 05:40PM W 

Williams Gateway (KJWA) 02:08PM P 

Daugherty Field (KLGB) • 09:30AM W 

Williams Gateway (KIWA) 07:15PM P 

Riverside Muni (KRAL) 02:59PM P 

North U s Vegas (KVGT) 10:11AM W 

Williams Gateway CKIWA) 06:32PM P 

North U s Vegas (KVGT) 01:59PM P 

Riverside Muni (KRAL) 09:28AM bJ 

Williams Gateway (KjWA) 05:09PM V 

Tucson Intl (KTUS) 02r09PM W 

Roswell InU Air Center . . AAAttr ^ 

(KROW) 11:11AM C 

San Angelo Rgnl (KSJI) 07:55AM C 

Hooks Mem Arpt (KDWH) 06:55PM C 

Ariington Muni CKGKY) 01:15PM C 

Key Field (KMEI) 09:58AM E 

Fulton County (KFTY) 07:15PM E 

Craig Muni (KCRG) 02:38PM E 

Hollywood Int'l (KFLL) 01:57PM E 

Craig Muni (KCRG) 10:09AM E 

Fulton County (KFTY) 10:23PM E 

Craig Muni (KCRG) 01:26PM E 

(Fevyer.PasLFJights) 

Want a full history search for N304BK dating back to June 2005? Buy nov\ 

Williams Gateway (KIWA) 

Daugherty Field (.KLGB) 

Williams Gateway (KIWA) 

Riverside Muni CKRAL) 

North Las Vegas (KVGT) 

Williams Gateway (KIWA) 

North U s Vegas (KVGT) 

Riverside Muni (KRAL) 

Williams Gateway (KIWA) 

Tucson Intl (KTUS) 

Roswell Intl Air Center 

(KROW) 

11-Jun-2008 PA44/G San Angelo Rgnl {KSJT) 

11rJun-20P8 PA44/G Hooks Mem Arpt (KDWH) 

1P:JUD_-2Q08 PA44/G Ariington Muni (KGKY) 

1D-Jun-20P8 PA44/G Key Field (KMEO 

ig-Jun.-2g08 PA44/G Fulton County (KFTY) 

08-Jun-2008 PA44/G Craig Muni (KCRG) 

Q8:Ju_!v2P08 PA44/G Hollywood Int'l (KFLL) 

P7;J_uji-2008 PA44/G Craig Muni (KCRG) 

07-_Jun-2PP8 PA44/G Fulton County (KFXY) 

05-Jun-2008 PA44/G Craig Muni (KCRG) 

Q4-Jun-20P8 PA44/G Hollywood Int'l (KFLL) 

Inflight. 

Every flight 

© 2008 FlighWware | Terms Of Use 1 Privacy 

^ 
o 

Richmond FHght Standards District Office 

U.S. Department 5707 Huntsman Road, Suite 100 

of Transportation Richmondhit'l Airport, VA 23250-2415 

Federal Aviation 

Administration 

October 14, 2008 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

FILE NUMBER: 2008EA210042 

Jim Koziarski 

Airline Transport Professionals, Inc. 

P.O. Box 1784 

Ponte Verdra, FL 32004 

Dear Mr. Koziarski: 

During a recent complaint investigation involving Airiine Transport Professionals, Inc., 

(ATP) the Federal Aviation Administration has discovered irregularities concerning the 

operation of N304BK. Specifically, from September 15,2008, until September 19,2008, 

this aircraft was offered for operation by ATP while the aircraft had maintenance 

discrepancies rendering the aircraft im-airworthy. 

This is to inform you that the FAA is investigating this matter. We wish to offer you an 

opportunity to discuss the incident in person or submit a written statement within 10 days 

following the receipt of this letter. Your statement should contain all pertinent facts and 

any mitigating circumstances you believe may have a bearing on the incident. If we do 

not hear from you within the specified time, we will process this matter without the 

benefit of your statement. 

As part of our investigation, we must determine whether ATP is a small business concem 

under applicable law. To assist us in making this determination, please advise us of the 

number of employees at ATP. 

Sincerely, 

Original signed by 

W.Jeff Slaughter 

Front Line Manager, Airworthiness 

10/-
h e Mos t Respecte d Nam e i n Pilo t Ce r 

/ ^ vyj:JA 

^/r/in e Transport jPjro/bssi'on^Js 

October 24, 2008 

VIA Facsimile & Federal Express 

Mr. W.Jeff Slaughter 

Federal Aviation Administration 

Richmond Flight Standards District Office 

5707 Huntsman Road, Suite 100 

Richmond International Airport, VA 23250-2415 

RE: File Number 2008EA210042 

Dear Mr. Slaughter: 

We received your letter dated October 14, 2008 regarding file number 2008EA210042. We appreciate 

the opportunity to discuss this matter as the FAA proceeds with its investigation. We are confident our 

maintenance procedures provide for a safe and airworthy fleet, and that they are fully compliant w/ith 

the FAA requirements for a Part 61 flight school. 

We will gladly comply with your request for additional information outlined in your letter. In order for us 

to provide the correct information, please provide additional clarification on the incident you are 

referring to. Please indicate: 

• The party who made the complaint 

• The party or parties whom ATP reportedly offered an un-airworthy aircraft 

• Specific maintenance discrepancy(s) reportedly rendering the aircraft un-airworthy 

We look forward to your clarification and assisting the FAA in achieving a rapid resolution to this matter. 

Si;}cerely, 

r 

Cc: Mr. Lawrence Fields 

Cc: Mr. Alan Armstrong 

End: copy of original letter 

/ w^^^w.ALLATPS. com / 

P.O. Box 178 4 • Ponte Vedra Beach, FL 32004-178 4 • (904 ) 273-301 8 • Fax: (904) 273-216 4 

Atlanta • Birmingham • Bowling Green • Dallas at Addison • Dallas at Arlington • Daytona Beach • Ft. Lauderdale .— 

Houston • Jacksonville • Jacksonville Beach • Las Vegas • Long Beach • Panama City • Phoenix J__ ^ 

Raleigh-Durham • Richmond * Riverside • Sacramento • Stuart, FL • Trenton 
RECORD OF n VISIT • CONFERENCE OR TELEPHONE CALL 

TIME 

3:00 PM 

DATE 

10/27/2008 

NAME (S) OF PERSON (S) CONTACTED OR IN CONFERENCE AND LOCATION 

Jim Koziarski of ATP 

ROUTING 

SYMBOL INITIALS 

SUBJECT 

EIR's 42 and 45 

DIGEST 

Called Mr. Koziarski based on him requesting more information before he can respond to the LOI's. In a letter to 

us he asked three additional questions. I told Mr. Koziarski that the complaint was anonymous. He asked if we 

had a record of the complaint and I told him yes. I informed him that the persons that ATP offered the aircraft to 

were his customers/students/instructors. He asked if I had specific names and I told him no. I told him that he 

could research his records to see who ATP offered the aircraft to. I then told him that N304BK had a inoperative 

#1 comm and that N575AT had a inoperative right fuel boost pump. He then wanted to know if these two " 

discrepancies were specifically addressed in the complaint. I told him that 304BK was but it was not specific. I 

told him that we came to the specifics after investigating the compliant and talking to persons at ATP Richmond. 

I told him that the information from N575AT came from folks at ATP Richmond. He asked if we sent any pilot's 

letters and I told him that I could not give out that information but we were looking into who flew the aircraft. I 

informed him that we obtained maintenance records from the Orlando FSDO who got them from Jacksonville. 

He wanted to know exactly what we received and I told him aircraft maintenance logs for N304BK and N575 AT 

and flight records for N304BK. I stated he could submit any additional information to show that the aircraft did 

not fly in an un-airworthy condition because the facts that we have no show they did. I then asked him how a 

pilot documents a discrepancy on an ATP aircraft and he informed me that they are to call maintenance. I then 

asked how a different pilot would know that the aircraft had a discrepancy on it and he stated that all pilots must 

CONCLUSION, ACTION TAKEN, OR REQUIRED 

call dispatch who would tell them if the aircraft is airworthy or not. I asked how does the information get relayed 

to dispatch from maintenance and he stated electronically. I asked how and he stated a computer program would 

block the aircraft showing it broke. I told him that I would follow-up his request in a email and that to save time 

he could send any additional information in a email as well. 

DATE 

10/28/2008 

TITLE 

FLM - A/W 

^ FAA Form 1360-33 (4-75) Formerly FAA Form 1522 AFS Electronic Forms System - v2.2/ 
ALAN ARMSTRONG 

ATTOBNEY AT LAAV^ 

PAH K BZDOE a o OFFICE P.&BII: 

HUILDINO 0 , SOO O CHAMBi:EE-TCrClCBRHOAD 

(rro ) 461-031 3 A.TI-ANTA., OBOBOIA. 0004 1 tlan®al»n»«njtroogl»w.com 

FAX (770 ) 48I-031 7 www.aIananmtfoogliw.coni 

November 4,2008 

VIA U.S. MAIL AND 

EMAIL @ Jeff.Slaughter^aa.gov 

W.Jeff Slaughter 

Front Line Manager, Airworthiness 

Federal Aviation Administration 

Richmond Flight Standards District Office 

5707 Hxmtsman Road, Suite 100 

Richmond Int'l Airport, VA 23250-2415 

Re: FAA Case No. 2008EA210042 

FAA Case No. 2008EA210045 

Dear Mr. Slaughter: 

The undersigned is counsel to Airline Transport Professionals, Inc. ("ATF'). I 

am in receipt of your letters to Jim Koziarski of ATP dated October 14, 2008. There 

does- not appear to be any basis for declaring that N304BK and N575AT were 

operated in £in unairworthy condition. Assuming for purposes of discussion that 

your basic premise were true, then the pilot in command was the final authority for 

the safe outcome of the flight under §91.3 of the Federal Aviation Regulations. If 

the pilot in conomand made an assessment that the aircraft was unairworthy, then 

he, not ATP, was in violation of the Federal Aviation Regulations. 

In sununary, as best I can tell fi*om the information provided to me, the FAA 

is pursuing the wrong person. It should be going afler the pilot in command of the 

flight assuming (without conceding) that the aircraft; was in any way imairworthy. 

Thank you for this opportunity to respond to your letter of investigation 

dated October 14, 2008. 

Best regards, ., 

an Armstipng 

AA/vl 

cc: Jim Koziarski, ATP 

Florence Fields, Regional Mgr. 

2. 7 
10/23/2008 1:12:27 P]V 

THE MOST RESPECTED NAME IN PILOT CEHTIFICA1 f 

TirajUUjL/s- J t 

Ajtrlta<^ 7i:s/iSpoit J^itt>/bss/oji3/s 

ATP Facts 

As of Thursday, October 23, 2008 

When you compare the scale of ATP's flight training operations to other flight schools, academies, colleges and FBOs, there's r 

wonder why ATP is leading provider of pilots to the regional airlines. 

O Flight Time: Over 11,000 hours of flight training and nationwide cross-country flight experience per month. 

O Certification: Over 4,500 FAA certiflcates issued annually. 

0 Aircraft: 140 aircraft 84 multi-engine, 56 single-engine, 1 Citation Jet 

Q3 Aircraft Orders: 10 new mutti-enqine Piper Seminoles to be delivered in 2008. 20 Diamond D-3ETs on-order. 

xlr Flight Training Devices (FTDs): 36 multi-engine FTDs. 

O Regional Jet FTDs: 5 CRJ-200 FTDs (Dallas, Jacksonville, & Phoenix) 

9 Graduates: Over 40 Commercial MuKi-Engine Pilots with CFIs graduate per month. 

O Airline Placement: 338 graduates hired by airlines In the last twelve months. 

O Locations: 21 flight school locations across the U.S. 

V U.S. Marlcet: ATP trains only U.S. pilots for the regional airlines-no distractions from international students. 

V Reputation: 70o/o of ATP's students are referred by friends. 

w Flight Instructors: ATP Flight Instructors are the highest-paid entry-level CFIs in the country, with more multi-engine experience 

than any other flight instructors of comparable total time. 

O Value: No other flight school or flight training academy offers a better value than ATP's flxed-cost; fixed time frame Airline Caree 

Pilot Program. 

€r Mechanics: ATP's mechanics are the most experienced and highest paid in the flight training industry. On average, each ATP 

mechanic has been with ATP over Ave years. 

y» Maintenance Centers: Five maintenance centers in Atlanta, Dallas, Jacksonville, Phoenix, and Riverside handle routine 

maintenance and scheduled inspections on ATP's entire fleet An on-site inventory of engines, propellers, avionics, and other 

components means that no ATP airplane ever waits for a part. 

O Bottom Line: ATP trains airline-ready pilots from zero time to 500 TT/300 ME with Regional Jet Standards Certification in as littie 

as 10 months. 

Seniority is Everything—Get there First with ATP 

Request an information pack by mail to receive brocliures, magazine articles, and Reauest Morp Info 

financing info for ATP's Airline Training Programs. ^ 

2008 Outlook 

O ATP will be positioned to deliver over 100,000 flight hours and up to 800 airiine-ready pilots. 

2009 Outlook 

x / ATP receives 20 D-JETs for career training. Each graduate will have a type rating and 50 hours of PIC jet experience. 

O ATP will be positioned to deliver over 150,000 flight hours and over 1000 airline-ready pilots. -^ 

Updated 09/25/08. Copyright © 2008 ATP. All rights reserved. 

— - - ^ M t r M r n ^ 

ATT ) TTIirrUt C^U^^l . T?««f^ 
UNITED STATES OF AMERICA 

FEDERAL AVIAT 

WASH 

RANDOLPH BABBIT, Administrator, 

Complainant 

AIRLINE TRANSPORT 

PROFESSIONALS, INC., 

Respondent. 

ON ADMINISTRATION 

NGTON, D.C. 

FAA Case No. 2008EA210042 

FAA Case No. 2008EA210045 

[no Judge assigned] 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing RESPONDENT'S RESPONSE TO 

COMPLAINANT'S MOTION TO STRIKE RESPONDENT'S TIMELINESS ARGUMENT 

AND MOTION FOR STAY OF PROCEEDINGS PENDING A DECISION ON THIS 

MOTION as been served via U.S. Mail 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 25 day of March 2011 

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 

Alan Armstrong 

Georgia Bar No. 022075 

10-