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D^^PT CM''^;3^0RTAI10N 

BEFORE 1 HE UNITED STATES 

DEPARTMENT OF TRANSPORTATION 

VEDERA L AVIATION ADME^^ISTRATION RECEIVED 

In the Matter of 

FRONTIER AIRLINES, INC. 

C-IC 2 3 

HEARING DOCKET 

Docket No. FAA-2009-J040 

FAA Case No. 2009NM210020 

FAA Docket No. CP09NM 

Pui-suantto 14 C.F.R. § 13.209, the Respondent Frontier Airlines, Inc. ("Frontier" or 

"Respondent") by and through its counsel, Pillsbury Winthrop Shaw Pittman LLP, hereby 

submits its Answer in response to the Complainant's Amended Complaint, served November 16, 

2009, and states the Ibllowing: 

I. Facts Alleged 

1. 

3. 

Frontier Airlines (hereafter Frontier) is now, and at all times mentioned herein was, the 

holder of Air Carrier Operating Certificate No. F3LA008Y, and conducts its operations 

pursuant to Part 121 of the Federal Aviation Regulations. 

Response: Admitted, 

Section D072 of Fnmlicr's Operations Specilications (OpSpecs) requires Frontier to 

niaintiun its aircraft in accordance with its Continuous Airworthiness Maintenance 

Program (CAMP), which includes the provisions of its General Maintenance Manual 

(GMM). 

Response: Admitted. 

Section D085 of its OpSpecs authorizes Frontier to use an Airbus A-.319, N938FR, in the 

conduct of its operations. 

Response: Admitted. 

Frontier's GMM, section 30.05 sets forth the brake wear limit for its aircraft and requires 

the removal of brakes when there is 1/16 of an inch or less wear pin showing. 

Response: Denied, 

Frontier's aircraft's main landing gear brakes are an "on condition" item as authorized by 

its CAMP. 
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Response: Admitted. 

6. On October 28, 2008, N938FR was going through a heavy service check in Salt Lake 

City, Utah (SLC). 

Response: Admitted in part. 

7. During this inspection, a Frontier contract mechanic entered the following discrepancy in 

the aircraft log page 416095: "During service check found #2 brake (LMLG) beyond 

limits." 

Response: Admitted. 

8. Frontier's CAMP prohibits the use of the MEL when the brake wear indicator is flush or 

recessed in the brake housing as was the case here. 

Response: Denied. 

9. At the time of this maintenance, a correct brake was available in SLC; however, Frontier 

opted to defer replacing the brake, per Frontier's minimum equipment list (MEl,). 

Response: Denied. 

10. On October 29, 2008, N938FR left the gate at SLC intending to fly to Denver. Colorado 

(DEN) but had a block turn back due to the same brake referenced above. 

Response: Admitted. 

11. The following entry is in N938FR's aircraft log page 416096: "BTB (Block Turn Back) 

1400Z, maint required, brake locked up during taxi #2 (L) side brake heated to 200 dcg 

while other tonps were 15 dcg." 

Response: Admitted. 

12. The brake was overheating because it was not bled per the maintenance instructions 

specified in the maintenance manual and the MEL "M" procedures. 

Response: Denied. 

13. Frontier Maintenance C^ontrol Center (MCC) called SLC conn-aci maintenance and 

directed them to re-blccd the #2 brake assembly per MEL 32-42-01A. 

Responsc: Denied. 

14. After the brake was re-blcd, Frontier operated the N938FR for eleven (11) flights while 

in an unairworthy condition because the # 2 wheel brake was worn beyond limits and 

improperly deferred. 

Response: Denied 
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15. Further, on October 31,2008, Aviation Safety Inspectors, while performing survei I lance 

discovered that the mechanic that performed the heavy check inspection back on October 

28, 2008 had failed to comply with the MEL "M" procedure because he failed to properly 

secure the brake hose. 

Response: Denied, 

16. Frontier operated N93 8FR in violation of its operations specifications. 

Response: Denied 

II. 

By reason of the foregoing circumstances, it appears that Frontier violated the following 

.sections of the Federal Aviation Regulations (14 CFR): 

a. Section 119.5(g), in that, as a direct air carrier, it operated in violation of an 

appropriate operations specification, 

b. Section 119.5(1), in that it operated an aircraft in violation of its operations 

specifications. 

c. Section 121.153(a)(2), in that it operated an aircraft on multiple occasions when it 

was not in an airworthy condition. 

d. Section 121.628(a)(5), in that it operated an aircraft with inoperable equipment 

contrary ro all applicable conditions and limitations contained in iis MEL. 

Response: Denied. 

1. In accordance with Section 46301 (a) and (d) of Title 49 of the United States Code 

(Transportation) [49 U.S.C § 46301(a) and (d)]. Frontier is liable for a civil penalty not to 

exceed $25,000 for each of the violations noted. 

Response: Denied. 

2. Under the facts and circumstances ol' this case, a civil penalty of S350,000 is 

appropriate. 

Response: Denied. 

Ill, Affirmative Defenses 

1. For its first affirmative defense, Frontiei- asserts that Complainant has failed to state a 

claim upon which relief can be granted. 
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2. For its second affirmative defense. Frontier asserts that the proposed civil penalty is 

excessive, is not in accord with the FAA Compliance and Enforcement Handbook, 

Order 2150.3B, and is not appropriate in this instance where Frontier's actions were 

consistent with the requirements in 14 C.F.R. Parts 119 and 121. 

fV. Requested Relief 

WHEREFORE, Frontier Airlines, Inc., by counsel, submits that it has ftilly ajiswered 

the Complaint, and re.spectfully requests that the Law Judge find in favor of the Respondent, 

Frontier Airlines, Inc. 

Respectltilly submitted. 

P I.LLSBURY WINTHROP 

SHAW PITTMAN LLP 

2300 N Street, N.W. 

Wa.shington, D.C. 20037 

Tel: (202) 663-8000 

Fax: (202) 663-8007 

E-mail: kquinn@pillsburylaw.com 

jtrock@pillsburylaw.com 

Counsel for Frontier Airlines, Inc. 

Dated: December 16,2009 
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CERTIFICA TE OF SERVICE 

I, Timothy C, Gerheim, hereby certify that 1 have this, the 16^'' day of December, 2009, caused a 

copy of the foregoing document to be served to the following persons via facsimile and U.S. 

First Class mail: 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wriglit Building - Suite 2W1000 

800 Independence Avenue, SW 

Wiishington, DC 20591 

FAX: 202-493-5142 

(Original and one copy) 

Scott R. Monis, Attorney 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Rcnton.WA 9X057-3356 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Buildmg Ground Floor 

Room El 2-320 

WasMngton, D.C. 20590 

FAX: 202-366-7536 

J'imothy C. Gerheim 

Pillsbury Winthrop Shaw Pittman LLP 

2300 N St. NW 

Washington, DC 20037