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U.S. DEPARTMENT OF TRANSPORTATIOh EC E I v ED 

FEDERAL AVIATION ADMINISTRATION n 

WASHINGTON, DC 

lull 28 ,6. II: 52 SEP 2 4 2012 

ADMINISTRATOR, 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

V, 

TRANS STATES AIRLINES LLC, 

Respondent. 

) HEARING DOCKET 

) 

) 

) 

) 

) 

) 

) 

FAA Case No. 2010CE030093 

! ,c;20 I~- ffi () 7 ________ . ___________________ ) 

RESPONDENT'S ANSWER 

COMES NOW Respondent TRANS STATES AIRLINES LLC, by and through 

counsel, and hereby files its answer to the Complaint (attached as Respondent's Exhibit 

A) dated August 29, 2012 in connection with FAA Case No. 2010CE030093. 

Respondent states as follows: 

'I. 

1. Admit 

II. 

1. (a) Admit 

(b) Admit 

2. Denied 

3. Denied 

4. (a} Denied 

(b) Denied 
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(c) Denied 

5. Denied 

6. Denied 

7. Denied 

8. (a) Denied 

(b) Denied 

I II. 

1. (a) Denied 

(b) Denied 

2. Denied 

3. Denied 

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

the Administrator; 

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

AFFIRMATIVE DEFENSES 

1. Respondent contends that it has satisfied each and every one of the Voluntary 

Disclosure Reporting Program ("VDRP") conditions and is entitled to immunity 

from a legal enforcement action. 

2. As part of the VDRP, the FAA has agreed to issue a letter of correction in lieu of 

a civil penalty action for covered instances of noncompliance that are voluntarily 

disclosed to the FAA in accordance with Advisory Circular ("AC") 00-588 (April 

29, 2009). AC 00-588 explains that the FAA ordinarily will not forgo legal 

enforcement action if a certificate holder informs the FAA of the apparent 

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violation during, or in anticipation of, an FAA investigation/inspection or in 

association with an accident or incident. 

3. By rejecting a valid VDRP submission, the FAA is violating its own established 

guidelines to encourage certificate holders to voluntarily submit alleged safety 

information and invest further resources in VDRP submissions, thus its actions 

are arbitrary, capricious, and an abuse of discretion. 

4. The sanction sought in the Administrator's Complaint is not in accordance with 

FAA precedent, nor its published guidance. 

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

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

guaranteed by the Constitution of the United States. 

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

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

course of this litigation. 

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

dismissed. 

Dated: September 21,2012 

David J. A Hayes Ill 

Vice President and General Counsel 

Trans States Holdings, Inc. 

11495 Navaid Road 

Bridgeton, MO 63044 

(314) 222-4316- Telephone 

(314) 222-4311- Facsimile 

dhayes@transstate.~. net 

Attorney for Trans States Airlines LLC 
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CERTIFICATE OF SERVICE 

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

parties at the address and method indicated below: 

Federal Aviation Administration 

BOO Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2W1000 

Mr. David Kessler, Esq. 

Federal Aviation Administration 

Central Region 

ACE~?, Room #506, DOT Building 

901 Locust St. 

Kansas City, MO 64106-2641 

Dated this 21st day of September, 2012. 

Original- FedEx 

One (1) Copy- FedEx 

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--- U.S. Department 

of Transportation 

Fede"'l Av~~ Admi111Jt · ~ 

Otllc. O(Rflianal ~I 

90 1 f..oQrn. Room :l'06 AU6 3 ~ idll - ~ -KAnwCity, MO 6'IOIS-l64J 

RICHARD A. LEACH~ 

Area Code: 816-329-3763 

C£RTIFIED MAU..- RETURN RECEIPT REQUESTBD 

Certified Mail Receipt Nos. 701111S0000003371134, 70111 1S00000337114t. 70lli1J0000003371158 

Au8'Dt29,2012 · (..t.; ~~ 

A till; Hearing Docket Clerk. AGC-430 

Wiloor Wript Building. Roaftl lWlQOO 

Rc: In the Matter of Trans States Airlines, LLC 

C.Ue No. 2010CE030093 

Enclosed berewitb JI}MSe find a copy of a roquest for a bearing and the original and one copy of the 

Complaint in the above-refem!cc:d pl'OQeodiEtg. 

The FAA requests that tbe hearing ift this ID&fta" be held in St. Louis, Misi!IOuri, and expect9 that the 

hearing willlut one day. · 

Please address all communications for the FAA to David B. Keuler, Federal Aviation Administrarion, 

Central Resion, ACE-7, R.oom 506. DOT Building, 901 Locust, Kansas City, MO 64 t 06-2641. 

Sincerely, 

A. Le&ttr Haizlip ~gional Counsel 

By. 

Olfgfnol Signed 8y 

Davki Kessler 

David B. K~ssler 

Attorney 

Enclos\RS 

c.:: Richard A. Le&:b .,/ 

David I.A. Hayes m, Bsq. 
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t' 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATJON ADMINISTRATION 

In the Matter of: Served: August 29. 2012 

FAA Docbt No. 

FAA Case No. 2010CE030093 

_T..:..:nns....-.;.;S;..;;w=es....::.Air..:::;;'::..oh_.n~es •. .-L;.;;;L.:::C-.,.... ___ ___. Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by caun.sel, hereby files its Complaint, 

pursuant to Rule 208 ofthe Rules of Practice (14.C.F'.lt 13.208), and states as follows: 

I. 

1. On March 8, 2012, Respondent Tnuu States Airlines, LLC was advised through a 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of'$44,000. On August 27, 2012, Respondent submitted a written reque.!t for a hearing. 

II. 

l. At all times hereinafter-mentioned:· 

a. Trans States Airlines, LLC (TSA). wu the bolder of Part 121 Air Carrier 

Certificate Number RAIA053Ai 

b. TSA was the operator of Civil Alrcrilft NI42HK, an BMB-14S, authorized for use 

by TSA in Part 121 revenue operations. 

2. On or about July 5, 2010, the pilot ofN842HK.'s flight 8084 entered amainterwlc:e 

discrepancy into N842HK's Aircraft Maintena~~.ce Flight Log nofulg ''tire has two cuts on it." 

3. The di~epancy noted above reDdered N842HK unairworth.y. 

4. An aircraft with an open maintenance diSCRpancy, as noted in paragraph 2 above, 

should be placed on a ••MamWlancc Hold" and is ·prohibited from operating until receiving a 

''corrective actioo." as stllted by TSA's: 

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~·.~· ......... · 1 

f• 

2 

a. Genelill Operations Manual (GOM), Section 3-4.1; 

b, Dispatch Poli<.:ies and Procedwe Manual (DPPM), Section 3 ·12, S; and 

c. General Maintcmance Manual (GMM), Volume 1, Chapter 3, Sections 1-3.1.6 and 

l-3.2.2. 

S. The maintenance discrepancy· noted ii1 paragraph 2 above remained open until July 6, 

2010, when it received a G:orreotive action signoff. 

6. Between July 5, 2010, and July 6, 2012, tsA dispatc:hed lllld operated N842HK on 3 

flights with the maintena.ncc discrepauey open. 

7. Based on the foregoing, N842HK was not in·an airworthy condition during the 

opetations noted in paragraph 6 above. 

8. TSA's operations, as noted in paragraphS above: 

a. Were contrary to its GOM, DPPM. GMM; and 

b, Constituted a careless act on the part ofTSA, endangering the lives and property of 

another. 

m. 

1. By reason of the foregoing f~ and circumstances, Respondent violated the 

following sections of the Federal Aviation Resulations: 

a. Section 91.13(a), which states in relevant part that no person may operate an 

alrera£\ in a careless manner so as to eadanger tbe life or property of Mother. 

b. Section I21.1S3(a)(2), which states in relevant part that no certificate holder may 

operate an aircraft unless that aireraft ia in 8ll airworthy condition and meets· the appiieabl e 

a:i:rwonhiness requirements. 
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----;.~ 

2. Pursuant to Title 49 U.S.C. 46301, Respondent is subject to a eivil penalty not to 

exceed $11.000 for each of the violations alleged. 

3. Under the facts and circumstances oftbis case, a civil penalty of$44,000 is 

appropriate. 

WHEREFORE, tbe Agency, by coWJSel. rupeetfully re<J_uests tha.t the Administrative 

Law Judge enter an order that Rt3pondmt be· assessed a civil penalty in the amount of $44,000. 

Dated this 29"' day of Augwt; 2012. 

ADiwer 

Respectfully submitted, 

A. Lester Hai%lip 

Regio Counsel 

By: 

D d . essler 

Attorney for Complainant 

Federal Aviation Administration 

901 tocun, Room 506 

Kansu City, MO 64106-2641 

816-329-3763; Fax (816) 329·3771 

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

respondent shall file a VtTitten answer to the complaint, or may file a written motion pursuant to 

Section l3.208(d) or Sectionll.218(f)(l-4) instead of filing an answer, not later than 30 days 

after service of the complaint · 

Section 13.209(f) states, ''A penon's failure to file an lnswtr without good cause shall be 

deemed an admission of the truth of each allegation eon13ined in the Complaint .. 

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I

' ... _.,, ,. 

,..-.r- ' 

. ·. 

Tra.cs States Airlines, LLC, FAA Case No. 2010CE030093 

~RTIFICATE OF SERVICE 

I hereby ~rtify that I ha"e this dste placed in the United States mail, eertified, return 

receipt requested, a copy of the Administrator's Complaint, addressed to; 

Mr. Richard A. Leach 

Trans States Airlines, LLC 

11495 Navaid Road, Suite 303 St.Louis.~o 63044 :. 

David J. A. Hayes UI, Esq. 

Tra:n:s Sta.tes Holdings, IDe. 

11495 Nav-aid Road 

St. Louis, Mo 63044 

. ·: 

In addition, I hereby certify that 1 have this date placed in the United States tnail, 

c.ertitied, return receipt requested, the original and one copy, addressed to; 

Federal A vi.ation Administration 

800 Independence Avenue, SW. 

Washington. DC 20591 

Attention: Hearing Doeke.t Clerk, AGC-430 

Wilbur Wright Building, Suite 2 Wl 000 

IJ~~ 

4 

Paralegal Spceiali~ ... . : • . ,.a.~. •• ' 

Da1ed this 29dt day of August. 2012.