US DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

) 

RECEIVED 

FEB 2 0 2014 

HEARING DOCKET 

In the matter of: ) 

) 

SOLUTIONS AIR CHARTER, LLC ) 

) 

FAA Docket No. CP-[to be assigned] ~D \ ~ · 0 8 S ~ Case No. 2011SW910191 

Judge J .E. Sullivan 

RESPONDENT'S ANSWER TO COMPLAINT 

Respondent Solutions Air Charter, LLC (Solutions Air) responds to the complaint. 

I. Respondent admits numbered paragraphs I, 2, 3, II, subsections a, c, d, e, f, i. 

2. Respondent admits numbered paragraphs 4, 5, 6 and 7 only to the extent that 

14 C.F.R. 120.7 is cited. Respondent denies that the pilot was a covered employee for 

this flight; denies that he had been hired for Part 135 operations; and that he was performing 

safety-sensitive functions in relation to Part 135 flights. Respondent denies that the flight was 

conducted under Parts 135 or 119. 

3. Respondent admits numbered paragraph 7 only to the extent that the cited 

regulation applies to flight crew duties on flights conducted under Part 135; it does apply to 

Part 91 flights. Respondent denies that the flight was conducted under Parts 135 or 119. The 

flight was conducted under Part 91 for an owner of the aircraft, as advised by owners. 

4. Respondent admits numbered paragraph 8 only to the extent that the cited 

·, regulation applies to flight crew duties on flights conducted under Part 135; it does not apply 

to Part 91 flights. Respondent denies that the flight was conducted under Parts 135 or. The 

flight was conducted under Part 91 for an owner ofthe aircraft, as advised by the owners. 
Respondent denies that the flight was c'onducted pursuant to any air carrier privileges, or by the 

certificate holder under Parts 119 or 135. The flight was conducted under Part 91 for 

an owner of the aircraft. 

5. Respondent admits numbered paragraph 9 only to the extent that the cited 

regulation applies to flight crew duties on flights conducted under Part 135; it does not apply 

to Part 91 flights. Respondent denies that the flight was conducted under Parts 135 or 119. 

The flight was conducted for an owner of the aircraft, as Respondent was advised. 

6. Respondent admits numbered paragraph 10 only to the extent that the cited 

regulation applies to flight crew duties on flights conducted under Part 135; it does not apply 

to Part 91 flights. This flight was conducted for an owner of the aircraft, as Respondent was 

advised by the owner. Respondent denies that the pilot was providing safety-sensitive 

functions for a flight under Parts 135 or 119, and denies that the flight was conducted 

under those Parts. 

7. Respondent denies numbered paragraph II b, h; and paragraphs 12, 13 and 14. 

8. The October II, 2009 flight was conducted under Part 91 as a flight for an, 

or the, owner of the aircraft. 

9. Respondent has a demonstrated and significant inability to pay any civil 

penalty in any amount. 

10. Steven Abel was drug-free on the date of any flight conducted under Part 91 

or Part 135 in N19CP. Abel had been employed by a Part 135 operator with a drug and alcohol 

program before applying to Solutions Air. Abel was not hired, or assigned to any Solutions Air 

Part 135/119 operations. Abel was not assigned to any Part 135 flights until after a negative 

drug test was received. 
- 11. As a result of suggestions from, and coordination with, FAA Flight Standards 

and FAA Drug & Alcohol personnel, Solutions utilizes a personnel document that advising 

prospective employees for Solutions Air Part 135 operations that employment will not start 

until after receipt of a negative drug test. At FAA's request, the notice includes assignment of 

that pilot to any Part 91 flight conducted for, and/or at the request of the owner. 

Respondent concurs that the hearing be held in Indianapolis, Indiana. 

WHEREFORE, Respondent requests that the Administrative Law Judge deny 

enforcement of the Administrator's Complaint. 

J.C. -ehler (3743-49) 

Ji . S. McGinnis (24216-64) 

L. Craig Turner (603-49) 

BUEHLER ASSOCIATES, ATTORNEYS 

777 East 86th Street 

Indianapolis, IN 46240-0924 

317-253-8686 

317-253-9371 (Fax) 

Attorneys for Respondent 

CERTIFICATE OF SERVICE 

1 certify that we served the original and one copy of the Respondent's Answer to Complaint, addressed as below, and to agency 

counsel at his approptiate address. 

Federal Aviation Administration 

600 Independence Ave., S.W. 

Wilbur Wright Building- Suite SW1000 

Washington, D.C. 20591 

ATTN: Heming Docket Clerk, AGC-430