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MIAMI 

NEW YORK 

CHiC^GO 

DOMBROFF GILMORE JAOUES Be FRENCH 

IS7 6 INTERNATIONAL DRIVE • PENTHOUSE 

MCLCAN , VIRGINIA 2EI0 2 TELECOPIER 

(•703) a3S-B75 0 

PLEASE RKSPON D TO 

Churlcs W. Ryun, III 

cry an (ii^d g I ili gal rirs. com 

July 20, 2010 

Hearing Docket 

ATTN: Heiiring Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

WRITER'S PIRgCT DIA . NUMBER 

Tcl.: (703)336-8728 

RECEIVED 

AUG 1 3 2010 

HEARING DOCKET 

Re: Re-Filing of Answer of Colgan Air, Inc. 

Docket Nos.: CP09EA0002 and CP09EA0005 

Dear Sir or Madam: 

Jim- ooa^ ^IbO'i' 0 02S 

Enclosed for filing please find one (I) copy of each of Colgan Air. Int.'s Answers in ihc 

referenced matters. Our clieni's Answers were sent for filing on .lajiuary 15, 2009, but we 

recently received a telephone call from Mr. William McGoniglc stating that the documents 

received by the Office of Hearings were missing pages. Our records indicate thai complete 

documents were transmitted, and the FAA counsel has noi advised us of any deficiency. 

Nonetheless, consistent wiih Mr. McGonigle's instruction, we are re-serving our clienrs 

Answers, as indicated. 

Thank you for your attention to these matters. 

Very truly yours, 

DOMBR0.Fr^l.MORE JAQUES & FRENCH, P.C 

BY: 

Charles W. Ryan, n( 

cc: (w/enc): Clhristian Lewerenz, Esq. - FAA Eastern Region, Regional Counsel's Office 

C 5 

A PROrESSIONAL CORPORATION 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. A'^^ ^ ^ ^^^^ 

• —yrr^WX j DOCKET 

In the Matter of Colgan Air, Inc. 

2008EA270021 - CPb^]^ (\0b65' / (^dOf - OCb^ 

.Tudge Not Assigned 

' ANSWER OF COLGAN AIR, INC. 

Respondent, Colgan Air, Inc. (hereinafter "Colgan Air"), by counsel, hereby 

Answers the Complaint of tlie United States Department of Transportation, Federal 

Aviation Administration (hereinafter "FA.A"), in like-numbered paragraphs, pursuant to 

Rule 209 of the Rules of Practice, 14 C.F.R. §13.209, and asserts its affirmative defenses 

as follows: 

1, 

Colgan Air, Inc. admits the allegations contained in paragraph 1 of the FAA'S 

Complaint. 

II. 

1. Colgan Air admits the allegations contained in paragraph II. 1, of the 

FAA's Complaini. 

2. Colgan Air admits ihat at all relevant times it inainlained a documemed 

program for the purpose training, qualifying, and authorizmg certain aircraft maintenance 

personnel in the procedures, rules, and responsibilities for aircraft laxi and enyine run-up. 
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3. Colgan Air admits that the training program specilied in the Answer to 

paragraph 2 required successful completion of the "Phase 11" course on the specific 

aircraft to be taxied and/or run-up. 

4. On information and belief, Colgan Air admits the allegations comained in 

paragraph U. 4. of the Complaint. 

5. Colgan Air admits that the training files of two maintenance personnel 

showed that they were given Taxi Run-up authorization before the prerequisite course 

was completed. All other allegations contained in paragraph II. 5. of the Complaint arc 

denied. 

111. 

a. Colgan Air denies any and all alleged violation.? of Section 119.5(g) of the 

Federal Aviation Regvilations, and demands strict proof thereof 

b. Colgan Air denies any and all alleged violations of Section 121.375 of the 

Federal Aviation Regulations, and demands .strict proof thereof 

IV. 

1. Colgan Air denies any and all alleged liability for a civil penalty pursuant 

to 49 U.S-C. §46301(a)(l), and it demiuids strict proof thereof Colgan Air admits it 

qualifies as a "small business concern" pursuant to 49 U.S.C. §46301 (a)(5). 

2. Colgan Air denies and coiitcsLs any and all liabilily for, and the propriety 

of, the proposed civil penalty, and it demands strict proof thereof 
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F^^ ^ DMS gl004/011 

GENERAL DENIAL 

Any and all allegations in the Complaint not specifically and unequivocally 

admitted herein are denied, and .<;trict proof thereof is demanded. 

AFFIRMATIVE DEFENSES 

I. 

There is no proof to indicate, nor are there allegations, that the individual 

maintenance personnel at issue herein actually performed a taxi or run-up of Colgan Air 

Saab 340 aircraft. 

II. 

Colgan Air's maintenance training program referenced herein was at all relevant 

times in place, operational, and compliant with FAA guidelines for such programs. 

III. 

Colgan Air, upon receipt of the initial Letter of Investigation in this matter, 

promptly undertook a review of the noted clerical error, remedied the training issue with 

the two affected maintenance pcrsomiel. admini.stered internal discipline and retraining to 

the supervisory staff associated with the clerical error, and took all appropriate and 

necessai-y corrective action v4th respect to any alleged stanitory or regulatory violations. 

IV. 

The FAA seeks to impose a penally which is unduly harsh, unjust, and 

unsupported by the facts surrounding the allegations al issue herein. 
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WHEREFORE, Colgan Air, Inc., by counsel, respectfiilly requests the 

Administrative Law Judge enter an Order dismissing the Complaint and entering 

judgment in favor of Colgan Air, Inc. 

Dated: January \^ ,2009 

Respectfiilly submitted, 

DOMBROF/GILMOR E MQ1UJE«7& FRENCH 

lark'A-Bombroff 

Charles W. Ryan, III 

Dombroff, Gilmore, Jaques & French 

1676 International Drive 

Penthouse 

McLean, Virginia 22102 

Tel. (703) 336-8700 

Fax (703)336-8750 

Counsel for Respondent 

Colgan Air, Inc. 
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CERTIFICATE OF SERVICE 

I hereby certify that on this jj_ day of January 2009 copies of the foregoing 

Answer of Colgan Air, Inc. were placed in the United States Mail, first class postage 

prepaid, addressed as follows: 

Christian L. Lewerenz 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, New York 11434 

Federal Aviation Administration 

iJOO Independence Avenue, S.W. 

ATTNf: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

Washington, DC 20591 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION f^ — ^ ^ ,„ 

OFFICE OF HEARINGS i" i C G ^ ^ H / '"^' r^^'. 

WASHINGTON, D.C ^'"'^•^ U 

In the Matter of Colgan Air, Inc. "t.;. , P '^ '•;'> -^ ,--^ <-x,, _ 

2008EA270029 ' CPO'f ^hOOC9L / Q0L^-0D;;1 ^ 

Judge Not Assigned 

ANSWER OF COLGAN AIR. INC, 

Respondent, Colgan Air, Inc. (hereinafter "Colgan Air"), by counsel, hereby 

Answers the Complaint of the United States Department of Transportation, Federal 

Aviation Administration (liereiiiaftcr "FAA"), in like-numbered paragraphs, pursuant to 

Rule 209 of the Rules of Practice, 14 C.F.R. §13.209, and asserts its affinTiative defenses 

as follows: 

I. 

Colgan Air, Inc. admits the allegations contained in paragraph 1 of the FAA's 

Complaint. 

II. 

1. Colgan Air admits the allegations contained in paragraph II. 1. of the 

FAA's Complaint. 

2. Colgan Air admits the allegations contained in paragraph II. 2. of the 

FAA's Complaint. 

3 - Colgan Air admits that as part of the maintenance process relevant to 

paragraph II. 2., the Saab 340 aircraft bearing FAA Registration No. N321CJ was 

required to be placed on jacks for the purposes of weigliing the aircraft. 
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4. Colgan Air denies the allegations contained in paragraph II. 4. of the 

Complaint. 

5, Colgan Air admits that two under-wing jack pad adapters were 

inadvertently not removed from N321 CJ at the conclusion of the maintenance and 

weighing process from N32ICJ. 

6- Colgan Air admits the allegations contained in paragraph II. 6. of the 

Complaint. 

7, Colgan Air denies the allegations contained in paragraph 11. 7, of the 

Complaint. 

8. Colgan Air admits that it operated N321 CJ on four (4) Part 121 flights 

subsequent to the maintenance and weighing of the aircraft with two under-wing jack pad 

adapters still affixed. Colgan Air denies the aircraft was "in an unairworthy condition" 

during the specified time. 

III. 

a. Colgan Air denies any and all alleged violations of Section 119.5(1) of the 

Federal Aviation Regulations, and demands strict proof thereof. 

b. Colgan Air denies any and all alleged violadons of Section 121.153(a)(2) 

of the Federal Aviation Regulations, and demands strict proof thereof 

c. Colgan Air denies any and all alleged violations of Section 121.367(a) of 

the Federal Aviation Regulation.s, and demands strict proof thereof. 

d. Colgan Air denies any and all alleged violations of Section 121.367(c) of 

the Federal Aviation Regulations, and demands .strict proof thereof 
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e. Colgan Air denies any and all alleged violations of Section 43 • 13(a) of the 

Federal Aviation Regulations, and demands strict proof thereof 

f Colgan Air denies any and all alleged violations of Section 43.16 of the 

Federal Aviation Regulations, and demands strict proof thereof 

IV. 

1. Colgan Air denies any and all alleged liability for a civil penalty pursuant 

to 49 U.S.C. §46301(a)(l), and it demands strict proof thereof Colgan Air admits it 

qualifies as a "small business concern" pursuant to 49 U.S.C. §46301 (a)(5). 

2. Colgan Air denies and contests any and all liability for, and the propriety 

of, the proposed civil penalty, and it demands strict proof thereof. 

GENERAL DENIAL 

Any and all allegations in the Compl«iint not specifically and unequivocally 

admitted herein are denied, and strict proof thereof is demanded. 

AFFIRMATIVE DEFENSES 

I. 

No safety of flight hazard was presented by their continued presence on the 

aircraft, and no flight anomalies, difficulties, or irregularities were noted or reported in 

the four (4) flights conducted subsequent to the maintenance but before they were 

discovered as still affixed to N32 ICJ. 

II. 

Colgan Air's maintenance program referenced herein was at all relevant times in 

place, operational, and compliant with FAA guidelines for such programs. 
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III. 

Colgan Air, upon receipt of the initial Letter of Investigation in tliis matter, 

promptly undertook a review of the incident, initiated remedial training, and took all 

appropriate and necessary corrective action with respect to any alleged statutory or 

regulatory violations. 

IV. 

The FA A seeks to impose a penalty which is unduly harsh, unjust, and 

unsupported by the facts surrounding the allegations at issue herein. 

WHEREFORE, Colgan Air, Inc., by counsel, vespectfijlly requests the 

Administrative Law Judge enter an Order dismissing the Complaint and entering 

judgment in favor of Colgan Air, Inc. 

Dated: January /-/^2 * ,200 ( 9 

Respectfiilly submitted, 

DOMBmFPm340R£ MOUES & FRENCH 

lark Ajfafhbroff 

ChaHcsW. Ryan, III 

Dombroff, Gilmore, Jaques & French [ 

1676 International Drive 

Penthouse 

McLean, Virginia 22102 

Tel. (703) 336-8700 

Fax (703) 336-8750 

Counsel for Respondent 

Colgan Air, Inc. 
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CERTIFICATE OF SERVICE 

I hereby certify that on this (^ day of January 2009 copies of the foregoing 

Answer of Colgan Air, Inc. were placed in the United States Mail, first class; postage 

prepaid, addressed as follows: 

Christian L. Lewerenz 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, New York 11434 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

A'rrN; Hearing Docket Clerk, AGC-43q 

Wilbur Wright Building - Room 2014 

Washington, DC 20591