U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
IN THE MATTER OF

WOOLPERT LLC Respondent DOCKETNO. FAA-2015-0211 (Civil Penalty Action) ADMINISTRATIVE LAW JUDGE Honorable J.E. Sullivan Hearing Date: NOT YETASSIGNED Hearing Location: NOT YETASSIGNED 

# RECEIVED SEP 2 12015 

## HEARING DOCKET

RESI'ONDENT'S REPLY IN OPPOSITION TO THE

**~-QM-rJ-AJN**

### ANT'S_l,J}'ITIT[.;I<:P

## MJLTJQN TQ A_l\fJ:l'IP COMES NOW, Wool pert LLC, Respondent herein, by and through undersigned counsel, andhereby files its Reply in Opposition to the Complainant's untitled Motion to Amend. In support thereo.t; Respondent states the following: Short Summary ofthe 

### Case On July 31, 2013, a Cessna 402B aircraft, registration number N3MZ, owned and operated by Woolpert, Inc., landed gear up in Caldwell, N.T (hereinafter the "subject incident or flight"). During an investigation by the Federal Aviation Administration ("FAA"), the pilot statedthat he forgot to extend the landing gear and that there was no mechanical irregularities that would have prevented its proper operation. 

### See Exhibit 8, FAA Form 8020-23 (FAA Item of ProofNo. I).

### Since the incident was clearly caused by pilot e!Tor, there was no reason tor the owner and operator ofthe aircraft, Woolpert, Inc., to believe that a violation ofthe Federal Aviation Regulations bad occurredby the company during the !light. Nevertheless, on June 9, 2015, almost two fi.tll years following the subject incident, the FAA issued a complaint against Respondent, Woolpert LLC, alleging that it owned and operated the aircraft on July 31, 2013. Now, more than two years to!Jowing the subject incident, the Complainant seeks to amend its complaint issued to Respondent, WoolpertLLC, and substitute the named Respondent to Woolpert, Inc., as the actual aircraft owner and operator. It is undisputed that Woolpert, Inc. never received a Notice ofProposed Civil Penalty (''NPCP") alleging a violation within the two yearperiod following the incident as required by 14 C.F.R. 13.208(d) 1• 

### Therefore, ifthe FAA is permitted to amend its complaint and substitute Woolpert, Inc. as the Respondent, then the amended complaint against Woolpert, Inc. will be subject to dismissal under 14 C.F.R. 13.208(d). As more fully discussed herein, the FAA's flawed investigation and mishandling ofthe present action resulted in numerous factual and procedural errors, which resulted in actual prejudice to Woolpert, Inc., including but not limited to the following:

1 

### 14 C.F.R. 

### § 13.208(d) states the following: (d) Motion to dismiss allegations or complaint. Instead offiling an answer to the complaint, a respondent may move to dismiss the complaint, or that part ofthe complaint, alleging a violation that occulTed on or after August 2, 1990, and more than 2 years before an agency attorney issued a notice ofproposed civil penalty to the respondent. (1) An administrative lawjudge may not grant the motion and dismiss the complaint or part of the complaint ifthe administrative lawjudge finds that the agency has shown good cause for any delay in issuing the notice ofproposed civil penalty. (2) Ifthe agency fails to show good cause for any delay, an administrative lawjudge may dismiss the complaint, orthat part ofthe complaint, alleging a violation that occurred more than 2 years before an agency attorney issued the notice ofproposed civil penalty to the respondent. (3) A party may appeal the administrative lawjudge's ruling onthe motion to dismiss the complaint or any part ofthe complaintin accordance with 

### § 13.219(b) ofthis subpart. 

### 2

### 1) The FAA's complaint misidentified the ovmer and operator ofthe subject aircraft; 2) During its investigation, the FAA misidentified the

**alleg~d** 

### violations ofthe Federal Aviation Regulations resulting ti·om the subject incident or flight; 3) The FAA failed to provide notice to the owner and operator ofthe aircraft, Woolpert, Inc., concerning an alleged violation of 14 C.F.R. §§ 91.7, 91.407(a)(l), and (a)(2), as required by 14 C.F.R. § 

### 13.208(d), without good cause; and 4) The FAA's actions resulted in undue prejudice to Woolpert, Inc., as the owner and operator ofthe aircraft, because the aircraft and all ofthe maintenance records are now unavailable due solely to the FAA's unreasonable or excessive delay in initiating its case against Woolpert, Inc.

**Ii!c.!ll.l!i.»l!~kgr()llnd** 

### On August 21,2015,the FAA filed an untitled Motion to Amend its complaint more than 2 years following the subject incident seeking to charge Woolpcrt, Inc. with an alleged violation of 14 C.F.R. §§ 

### 91.7, 91.407(a)(l), and (a)(2). lt is undisputed that Woolpert, Inc. never received a NPCP regarding an alleged violation concerning the subject incident or flight. As a result, the FAA's proposed amended complaint against Woolpert, Inc. is tmtimely pursuant to 14 C.F.R. § 

### 13.208(d). Fmthermore, the FAA has not and cannot demonstrate good cause to excuse its failure to timely initiate the action against Woolpert, Inc. Lastly, Woolpe1t, Inc. has demonstrated prejudice tmder the defense ofLaches, resulting directly from the FAA's unreasonable or excessive delay in initiating its case against Woolpert, Inc. for more than two years. 

## •

3Procedural History (FAA Investigation) 

### On August 6, 2013, less than one week following the subject incident, the FAA sent a letter addressed to Woolpert LLP at 4454 Idea Center Blvd, Dayton, OH. That letter stated the following, in part: Personnel ofthis office are investigating an incident which occurred on July 31, 2013 at approximately 2215 local time, involving the operation ofa Cessna 402B, aircraftN3MZ serial number 40280220 at Essex County Airport, New Jersey. As the registered owner/operator ofthis aircraft, 

### under 49 USC 44709(A), we are requesting from you all maintenance records (to include but not limited to Flight Log Records, Discrepancy Sheets, Major Repairs and Alterations, Airframe logbook and Engine log book) for N3MZ. See 

### Exhibit 1, FAA letter dated August 6, 2013 to Woolpert LLP (emphasis added). Clearly, onAugust 6, 2013, the FAAhadrc<Lson to believe that the subject aircraft, registration number N3MZ, was owned and operated by Woolpeti, LLP in Dayton, OH. In reality, the subject aircraft was owned and operated by Woolpert, Inc. at the same Dayton, OH address. Nevertheless, Woolpert, Inc. received, acknowledged and responded to the FAA letter, and provided all maintenance records requested for N3MZ. It 

### is important to note that the FAA's letter received by Woolpert, Inc. dated August 6, 2013, merely requested aircraft records. However, the letter does not suggest any alleged violation ofthe Federal Aviation Regulations by Woolperl, LLP or Woolpert, Inc. Following the FAA's inspection ofthe aircraft records, neither Woolpert, LLP nor Woolpert, Inc. received any notice ofan alleged violation as a result ofthe subject incident or Hight onJuly 31, 2013. Accordingly, Woolpert, Inc., reasonably believed that the fAA investigation concerning the incident had beenresolved and closed, since the subject gear up landing incident was admittedly caused by the pilot's actions, rather than an aircraft owner/operator maintenance or airworthiness issue. 

### 4Regardless, the next time that Woolpert, Inc. received any notice ofthe FAA's alleged violation concerning 14 C.F.R. §§ 91.7, 91.407(a)(l), and (a)(2), was by and tln·ough the FAA's untitled Motionto Amend its compliant dated August 21,2015, more than 2 years following the subject incident and flight on July 31,2013. Unfortunately, for more than the past two years, Woolpert, Inc. never received any notice from the FAA regarding the alleged violation of 14 C.F.R. §§ 91.7, 91.407(a)(1 ), and (a)(2), resulting from the subject incident or flight. As a result, evidence has beenforever lost, resulting inreal and substantial prejudice to Woolpert, Inc. Specifically, following the subject incident, Woolpert, Inc.'s insurance company, Global Aerospace, provided an Aircraft ProofofLoss to its insured, which stated the following: A loss occurred on July 31, 2013, by reason ofwhich tl1e 1972 Cessna402, SIN 402B0220,N3MZ insured under saidpolicy was damaged, as hereinafter-set f01ih in detail. Pilot was distracted during the landing approach and forgot to lowerthe landing gear in insured's 1972 Cessna 402, SIN 402B0220, N3MZ. Scoe Exhibit 2, Aircraft ProofofLoss at p.1,

**~1.** JoshuaT. Heid, Treasurer and CFO ofWoolpert, Inc. signed the Aircraft ProofofLoss. ,)'ee Exhibit 2, Aircraft ProofofLoss at p.2. Along with the signed Aircraft ProofofLoss, Woolpert, Inc. provided a sibmed Aircraft Bill ofSale for the subject aircraft, N3MZ. 

### See Exhibit 3, Aircraft Bill ofSale. As a result ofthe total loss claimedby the insurance company, Woolpert, Inc. relinquished any and all ownership and control ofthe subject aircraft salvage and maintenance records. Atthat time, Woolpe1i, Inc. had not received any notice ofviolation from the FAA and therefore, did not have any reason to believe that the subject incident or flight was operated in


### 5violation of 14 C.F.R. §§ 91.7, 91.407(a)(l), and (a)(2). 

### See Exhibit 4, Affidavit ofJoshua T. Heid, Treasurer and CFO ofWoolpe1i, Inc. ofDayton, OH. FAA Factual and Procedural Errors 

### LOIdatedAugust29, 2013, Significant FactualErrors --InsufficientNotice On August 29, 2013, a letter ofinvestigation ("LOI") was mailed to WoolpertLLC at 5 Falcon Drive, Suite 102, Peachtree City, GA 30269, which stated the following, in pmi:



### See Exhibit 5. Woolpert LLC operated an un-airwotiby aircraJl: N3MZ, a Cessna 402B, serial number 402B0220. The aircraft was un-airwmihy because it did not conform to its type design. The aircraft bad a Standard Airworthiness Certificate, and it was altered for aerial surveying which requires a Special Airwmihiness Certificate; Restricted Category.

Atthat time, the FAA already knew that Woolpert, Inc. was the registered ovmer ofthe subject aircraft because the maintenance records had been requested and received from Woolpert, Inc. located in Dayton, OH. Nevertheless, the FAA directed an LOI to Woolpeii LLC in Peachtree, GA, containing allegations (i.e., that "Wool pert LLC operated an w1-airwo1ihy aircraft"), which were not supported by fact or law. Specifically, there is absolutely no evidence inthe record that Woolpert LLC ever ovmed or operated the subject aircraft. Fmthennore, although the FAA's August 29,2013 LOI erroneously alleged that ''Woolpe1i LLC operated an un-airworthy aircraft'' because the aircraft "was altered for aerial surveying whichrequires a Special Airworthiness Certificate; Restricted Category," the FAA
never fonnally charged Respondent, Woolpe1i LLC, for a violation concerning the wrong or inappropriate Airworthiness Certificate.

6

### Not surprisingly, the FAA completely abandoned the Airworthiness Certificate charge in its NPCP issued to Woolpert LLC on June 18,2013, as well as in its complaint issued Woolpert LLC, because the allegation was not supported by fact or law, Thus, it is lUldisputed that the facts alleged in the August 29, 2013 LOI were eiToneous and ilTelevant to the charged violations, 

### NPCPdatedJune 18, 2014, Significant Factual Errors-- InsufficientNotice Almost one year following the subject incident on June 18,2014, Woolpert LLC was advised through a NPCP that the FAA proposed to assess a civil penalty in the amount of$7,000 for operation ofthe Cessna402B aircraft, identillcation number N3MZ, on July 31, 2013, allegedly in violation of 14 C,F,R, §§ 

### 91.7, 9L403(b), 9L407(a)(1 ), and (a)(2). The NPCP alleged the following, in pmi: At all times relevant herein, Woolpert, LLC (hereinafter ''Woolpe1i"), owned and operated a Cessna 402B aircraft, identification number N3MZ (hereinafter "the aircraft"). On or about July 31, 2013, Woolpert operated the aircraft on a tlight from Eagle Creek Airpark (KEYE) in Indianapolis, IN to Essex County (KCDW) in Caldwell, NJ. During the above-described Hight, the following items were installed on the aircrafl without the required FAA approvals and maintenm1ce/alteration entries. See 

### Exhibit 6. The NPCP was never issued to Woolpert, Inc. and therefore, insufficient notice was provided to Woolpeti, Inc. concerning tl1e alleged violation of 14 C.P.R. 

### §§ 91.7, 91.403(b), 91.407(a)(l), and (a)(2).

7

### The FAA's Complaint OnAugust 8, 2014, an infonnal conference was held during which the parties were unable to reach a resolution. On March 25, 2015, Respondent submitted a \Vritten demand for a hearingpmsuantto 14C.F.R. 

### § 13.16. 

### The complaint datedJune 9, 2014

**--lnst~fficient**

### Notice to Woo/pert, Inc. On June 9, 2015. almost two years following the subject incident, the FAA served a complaint upon Woolpert LLC for the alleged violation of 14 C.F.R. §§ 91.7, 91.407(a)(l ), and (a)(2), as the owner and operator ofthe aircraft. However, the registered O'.'mer and operator of aircraft N3MZ on July 31,2013, was Woolpert, Inc. See Exhibit 4. More thantwo years following the alleged violation, the FAA now seeks to amend its complaint issued to Woolpert LLC and instead issue the complaint to Woolpert, Inc.

**AJ>J>LIC::A~!-J<;** 

## LAW The issue in this case concerning whether the FAA may amend a complaintto name Woolpe1i, Inc. as the Respondent, alleging a violation that occlmed more than 2 years before an agency attorney issued a notice ofproposed civil penalty to Woolpert, Inc., appears to by one of first impression. However, a recently issued Opinion and Order In the Matter of MississippiAir Express. LLC, Docket No. FAA-2014-0866 (2015 LEXIS 176), rendered by the Honorable J.E. Sullivan, U.S Administrative Law Judge, granting the Respondent's Motionto Dismiss, may prove to be instructive. Coincidentally, the Honorable J.E. Sullivan has also been assigned to the present matter. The issue in MississippiAir Express. LLC involved whether the FAA had complied with the two year time limitation period pursuant to 14 C.F.R. § 13.208(d), and ifnot whether the FAA had good cause for any lilltimely filing. 8

### ARGUMENT 

### I. The FAA's Proposed Amended Action Against Woolpert, Inc. Is Untimely Initiated. Although the FAA issued a NPCP to Woolpert LLC on June 18,2014, the FAA never timely issued a NPCP to Woolpert, Inc., the actual aircraft registered owner and operator. Inthe instant case, similar to MississippiAir Express. LLC, the FAA did not allege that it had beenmmble to issue a factually correct NPCP or complaint against Woo.lpert, Inc. within the two yearperiod. In fact, the FAA does not assert that it had not, or could nothave been reasonably expected to be aware ofWoolpert, Inc.'s alleged violations within two years ofthe violation date (i.e., July 31, 2013). Furthermore, the FAA did not argue that its investigation had failed to tmcover facts regarding the identity ofthe owner or operator ofthe subject aircraft. To the contrary, it is undisputed that the FAA bases the allegations ofits proposed amended complaint upon the facts discovered during its investigation ofthe alleged incident in July 2013. See Exhibit 7, FlightAware live flight tracking ofN3MZ from KEYE to KCDW (FAA enforcement investigative report Item ofProofNo. 11), which indicates that Woo]pert, Inc. was the registered
owner and operator ofaircraft N3MZ on July 31, 2013. Moreover, anFAA Accident/Incident Report prepared by FAA Inspector Watson 0. Joseph was included in the FAA·s enforcement investigative report (EIR) prepared in this matter, which states the following, inpart: ON JULY 31,2013 ACESSNA402B, N3MZ, LANDED GEARUP IN CALDWELL, NJ (CDW) AT 2214L. IN A REPORT THE AIRMAN STATED THAT HE MADE A NORMAL DOWNWIND ENTRY TO RUNWAY 22. APPROACH. FLAPS WERE SETAND THE PILOT TURNED FORHIS BASE LEG. THE PILOT OVERSHOT THE RUNWAY. THE AIRCRAFT WAS 25 TO 30 DEGREES OFF FROM CENTERLINE AND THE AIRMAN ADJUSTED HIS FINAL AND APPLIED FULL FLAPS. THE AIRCRAFT THEN LANDED WITH THE LANDING GEAR STOWED. 9THE PILOT FURTHER STATED THAT HE FORGOT TO EXTEND THE LANDING GEAR AND THERE WAS NO MECHANICAL IRREGULARITIES THAT WOULD HAVE PREVENTED ITS PROPER OPERATION. THE AIRCRAFT WAS LATER PLACED ON JACKS AND THE LANDING GEAR WAS EXTENDED NORMALLY. See Exhibit 8, FAA Form 8020-23 (FAA Item ofProofNo. 1). Atthe time ofthe FAA's accident/incident investigation referenced above, the subject Cessna 402B aircraft, registration number N3MZ, was exclusively 0\;med, operated and registered with the FAA by Woolpert, Inc. located at 4454 Idea Center Blvd., Dayton. OH 45430. See Exhibit 4; See also Exhibit 7, FlightAware live flight tracking ofN3MZ from KEYE toKCDW. Accordingly, the FAA knew or had reason to know that Woolpert, Inc. and not Woolpert LLC was the registered owner and operator ofaircraft N3MZ on July 31, 2013. As such, the FAAhas not and cannot allege that it hadbeen unable to issue a factually correct NPCP or comp.laint against Woolpert, Inc. within the two year period required by 14 C.F.R. § 13.208(d). Therefore, the FAA's untitled Motion to Amend its complaint against Woolpert, Inc., alleging a violation that occurred on or after August 2, 1990, and more than 2 years before an agency attorney issued a notice ofproposed civil penalty to Woolpert, Inc., must be denied. 

### II. The FAA Has Not Demonstrated Good Cause To Excuse Its Failure To Timely Initiate The Action. In the present case, similar to MississippiAir Express, LLC, the FAA has not and cannot demonstrate good cause to excuse its failure to timely initiate the action within two years following the subject incident on July 31, 2013. As noted by Judge Sullivan in MississippiAir Express, LLC, The two (2) year statute oflimitations runs from the date ofthe alleged violation to the date ofthe Notice ofProposed Civil Penalty 14 C.F.R. § 13.16(£). Thus, 49 U.S.C. § 46301 (d)(7)(C) and 14 C.F.R. § 13.208(d) require the FAAto initiate a civil penalty 10

### proceeding no later than two years after the violation occurred unless the FAA can show good cause for any delay beyond two years. 

### See In the Matter o(MississippiAir Express, LLC, Docket No. FAA-2014-0866. Inthe present case, it is undisputed that FAA failed to initiate a civil penalty proceeding against Woolpert, Inc. no later than two years after the violation occurred. Therefore, the FAA must show good cause for any delay beyond two years. Clearly, on August 6, 2013, less than one week following the subject incident, the FAA issued a letter to Woolpert, LLP at the Woolpert, Inc. Dayton, OH address, requesting aircraft maintenance records, as owner ofthe subject aircraft. Nevertheless, the FAA has not and cam10t explain why no other notices ofan alleged violation were properly issued to Woolpert, Inc. in Dayton, OH within two years following the subject incident on July 31, 2013. As such, the FAA has not demonstrated good cause to excuse its failure to timely initiate the action against Woolpert, Inc. Therefore, the FAA's untitled Motion to Amend must be denied 

### III. Woolpert, Inc. Has Demonstrated Prejudice Under The Defense OfLaches. In the present case, it is undisputed that a NPCP was not issued to Woolpert, Inc. within the two-year limitation period. As noted by Judge Sullivan in lvfississippi

### Air &cpress, 

### LLC: [T]he relation back ofthe amendments ofpleadings contemplates thatparties may correct technical deficiencies or expand facts alleged in the original pleading, [but] it does not permit an entirely different transaction to be alleged by an1endment. 54 C.J.S. 

### Limitation of Actions§ 332 (2015). Inthe present case, FAA's proposed amendment to the complaint does not merely expand facts that had already been alleged in a NPCP issued to Woolpert LLC. Instead, the FAA's



### 11

### proposed amendment to the complaint creates an entirely new action against Woolpe1t, lne,, which crumot be deemed to "relate back" to the NPCP issued to Woolpc1t LLC. By its proposed mnendment, the FAA must now amend the complaint to allege that Woolpert, Inc. rather than Woolpert LLC, "owned and operated a Cessna402B aircraft, identification number N3MZ (hereinafter "the aircraft")." Such an amendment would permit an entire.ly different transaction to be alleged by the FAA. It

### is undisputed that during the FAA's investigation ofthe subject incident in July 2013, the agency had discovered all ofthe necessary factual information concerning the proper identity ofthe actual aircraft owner/operator, which the agency now seeks to amend in its complaint. Thus, there is no factual or legal support for any assertion that the FAA could not have acted earlier to correct its own errors in the NPCP, or the complaint, at any time throughout the statatory two-year period. As held by Judge Sullivan inMississippiAirExpress, LLC, 

### it should be pointed out that the Respondent is not required to showprejudice when it moves to dismiss for untimely initiation ofa civil penalty proceeding. Pursuant to 14 C.F.R. 

### § 13.208(d), a respondent need only show that the FAA issued the NPCP more than two years after the alleged violation(s) OCCUlTed. 

### In the present case, once it is established that the FAA failed to timely initiate the action against Woolpert, Inc. within the two yeartime period, the burden shifts to the FAAto either prove good cause for the delay (14 C.F.R. § 

### 13.208(d)(1)), or suffer "thepain of dismissal or forfeit." 

### 55 Fed. Reg. 27548,27555 (Jul. 3, 1990) (Discussion afFinal Rule) (emphasis added);

14 C.F.R. 

### § 13.208(d)(2). Inthis case, the FAA has failed to prove good cause for the delay, and must suffer the "pain ofdismissal."
12

### Nevertheless, assuming arguendo, that the FAA in this case had proven good cause to excuse an untimely initiation ofits action against Woolpert, Inc. In that case, Woolpeii, Inc.'s claim oflaches must be considered. A Respondent that raises a laches defense mustdemonstrate that it has suffered prejudice rising to a level that it is "unable to adequately defend a civil penalty action." See MississippiAirExpress, LLC. As noted by Judge Sullivan in Mississippi Air Express, LLC: [t] he FAA acknowledged that in "rare" cases, agency delay in

### prosecuting an action could result in "actual prejudice" to a respondent's case (citation omitted). Therefore, in such cases, dismissal ofthe action, or a portion ofthe action, could be requested: [I]t is possible that a respondent would be unable adequately to defend a civil penalty action because documents or witnesses become tmavailable due solely to the agency's unreasonable or excessive delay in initiating a case. In such a case, it is possible that a respondent could make such a showing ofactual prejudice and petition...to dismiss... on the basis ofsuch prejudice. See In the Matter ofMississippiAir Express, LLC, Docket No. FAA-2014-0866. As discussed above, Woolpert, Inc. has demonstrated that it has suffered prejudice rising to a level that it is "unable to adequately defend a civil penalty action," because the aircraft and all ofthe maintenance records are unavailable due solely to the agency's unreasonable or excessive delay in initiating its case against Woolpert, Inc. Accordingly, Woolpert, Inc. has made a showing ofactual prejudice and the FAA's untitled Motion to Amend must be denied. Conclusion 

### Pursuant to 14 C.F.R. 

### § 13.208, and consideling the record in this case against Respondent Woolpcrt LLC, which consists ofall pleadings and motions, all relevant case law, statutes, regulations, rules, and authority, it is undisputed that 1) 

### the FAA failed to initiate an action against Woolpert, Inc. \\ithinthe two year limitation period pursuant to 49 U.S.C. 

### § 13

### 46301 (d)(7)(C) and 14 C.P.R. § 13.208(d); and 2) The FAAhas failed to prove good cause for initiating the action against Woolpert, Inc. beyond the two year limitation period. 

### WHEREFORE, Respondent, Woolpert LLC respectfully requests that the Honorable J.E. Sullivan, U.S Administrative Law Judge, deny the FAA's untitled Motion to Amend and &'rant such other and further reliefas may be deemedjust and proper. Dated: September 18, 2015

Grego nto , Esq. The viation L 

### Firm 19 Annapo 1s Exchange Parkway, Suite 300 Annapolis, MD 21401 Tel: (301) 294-8550 Fax: (301) 294-2525 Counsel for Respondent

14

# Exhibit 1flight Standards District Office Park 80 West, PlazaOne 250 Pehle Avenue, Suite 003 U.S. Deportment of Transportation Federal Avlafion Adrninistrafion Saddle Brook,NewJersey 07663 201-556-6600, Fax: **201-55<6-~~~~=** August 6, 2013 CERTIFIED MAIL- RETURN RECEIPT REQUESTED Mr. Russell Gebhart Chief Pilot Woo/pert, LLP 4454 Idea Center Blvd Dayton, OH 45430-1500 Dear Mr. Gebhart: 

## "" Personnel ofthis office are investigating an incident which occurred on July 31, **2013f;~;;;;o;;.;w;;;­** approximately 2215 local time, involving the operation ofa Cessna 4028. aircraft 

## ""'''v'L serial number40280220 at Essex County Airport, NewJersey. 1------ As the registered ownerI operator ofthis aircraft, under49 USC 44709 (A), we are requesting from you all maintenance records (to include but not limited to Flight Log Records, Discrepancy Sheets, Major Repairs and Alterations. Airframe logbook and Engine log book) for N3MZ. Please furnish these records to this office within ten 0\1---- days following receipt ofthis letter. Should you have any questions please do not hesitate to call. Sincerely,

• Complete items 1, 2, and 3.Alse complete

Item4

**~**Reslrlcted Oellvart Is desired. • Printyour name and address on the reverse

so that we oan return the card to you. u Attach this l:lal<l to the back ofthe mallpiece,

or on the front ifspace permlts. 1. Article **Addres~ to~** 

Mr. Russell Gebhart Chief Pilot Woolpert, LLP 4454 Idea Center Blvd OH 45430-1500 

## q~MaQ **'::====::!_-~·~L..--~ ~mRecelpttorMen:;handlse**  - 00.0.0. 

### 7011 3500 0001 7252 1625 F'S Form February2004 Domestic Return Receipt 

### '


### "'



# -

# Exhibit 2

# GLOllALAEROSPACE

1972 CessaP 402,

### SIN402B0220,N3MZ AIRCRAITPROOF OFLOSS AIRCRAFr: 197Z C..ma 402, SIN 402B0226, N3MZ INSURED VALUE: Sll4,000,UO COMPANY: Global Atrospace Fool (and its member-companies) INSURED: W O<llpcrt, Inc. GLODAL AEROSI'ACE CLAIM NO.: 665418 By your Policy oflnsuranceNo. 13000271 beginning April 1, 2013 and expiring April 1, 2014, you insured !be 1972 Cessna402, SIN 402B0220, N3MZ aguinstthe perils specified in tbcabove numberedpolicy. 1. Aloss occun:ed on July 3!, 20U, by ,..,.n ofwbicb the 1972 Cessna402, SIN 40280220, N3MZ lnsured under said policy wasdamaged, as
**hereinafter~set** fonh in dttaiL Pilot was distracte<l during the laodlng approach and forgot to lower the liUiding gear in insured's 1972 Cessna 402, SIN40280220,N3MZ. 2. 'J'be said 1972 Cessna 402, SIN 40290220, N3l>',Z aircraft, was purcba.sed on the·
_ _,___ day of 

# .Jamwy
. Un.3
. 3. At the time the- obo\"o policy wc:s offcck:d und atlhc time ofthe

**abov~;; ro~utioned**  loss or

**aamag~** lho said 1972 Cessna 402, SIN 402BOZZO, N3MZ, belonged exclusively to the Ulldcrs!gned iUid no other person, fmo or corporation had any interest therein or has had any interest, mongage or otherwise, therein during the currellcy ofthis insura:ncet

**c~tcept**as foUows.: 

# US '&tnk blo.flke,t 

## lieo on 4. The actual amount ofthe total loss sustained by

**Waolpett~**Jnc was SlZ4,00D.OO. The full and tim! amount claimed ofGlobal Aerospace Pool (and Its

**memb~:r** tornpa•des) under the terms

**ofth~** above PoUey of Insurance by reason of saidloss i•Sl23,000.00, netofthe $1,000.00 in-motion dedUclible. S. Woo!pcn, Inc. ltereby directs and authorius tbe GlobalAerospaee Pool (and Its member eompanlos) to payall sums owingen aCOOWltofthis claim directly to Wootpcrt. Inc. Furthennore, Woolpert, Inc. represents and warrant:!!: that it has the s:oleauthority to direct where payments on accountofthis claim shourd be made and that no third party has an interest in these proceeds. Page I o£2AlrcrnftProof ofLoss

6. There was no other insurance on said aiieraft lllld engines during tho currell<y ofthe above mcntioocd Policy exceptas follows:

7. Tbe above mentioned los& did not originate by lli'ly act. desip or **ptO®tero~nt** ou the part oftho ln&urcd, nor on the part ofany one havine: UD)' hrten::st in the property Insured. nor in said Policy of

**\nSurante~** and nothing hlls been done by or wilh tho privity or consent oftile !nsure4 to violote the

**oond~ions** ofthis iPSurance and no attempt has been made to dcc:civc snid GlDbal Aerospace 'Pool (and Its member

**compaule~),** ofthislossorothcnvisc. S. It is expre,.ly understood and agreed that tho furnishing ofthis Airc:aft ProofofLoss to the Insuned, or asslst.!nco In making oftlw AircraftProof ofLos.by the Adjuster or any otherpenon, is an actofcoumsy and isnot awaiVerofany rights or admi!lionofliability by said GlobalAerospace Pool (and its member companie11). Any other information ond other documents required by said Globtl Ael"Qspace Pool (and its member companie$) shall be furnished onrequest. Its: -, 

### ru . .sv

### r

### c.r 

# f (/F

### o 

### I PrintNII1Qe STATE OF 01-tlO COUNTYOF M0f.!T73rOt1.?1-<{ PERSONALLYAPPEARED 

### ::]Qs!!yA ..., if[t!) signeroftlw foregoing statementand made oath that the sameistrue, andthatnomaterial fact is withheldofwhich said G1obaf Aeroapa<ePool (and Us mcmb<r companie•). shouldbe advised. SubJCribed and swornto before me, the day aud dato abov. written. Witnes. my hand and officiahealberetoaffixedthis



### I~ day of

## :Se:pr TERESA COCKREll, NotaryPublic (seoQ In and forthe Sl.lte of

### Onto My

**commfs~n**ExplrnNov.Z4.Z016

Page 2of2 .;/.013
.

# Exhibit 3UNITED STATES OF AMERICA FORMAPPR0\11:0 OMB NO. Z1Zil<l04Z U.S. DEPARTMENTOF TRANSPORTATION Fl!lll;IV.I.AVIATIOIIAilMINISTRAnON 0813112008 AIRCRAFT BILL OF SALE FOR AND IN CONSIDEAATION OF$ THE UNDERSIGNED OWNER(S) OF THE FULL LEGAL AND BENEFICIAL TITLE OFTHE AIRCRAFT DESCRIBED AS FOLLOWS: UNITED STATES 

# N3MZ REGISTRATION NUMBER AIRCRAFT MANUFACTURER & MODEL Cessna402B AIRCRAFT SERIAL No. 40290220 DOES THIS DAYOF ' HEREBY SeLL, GRANT, TRANSFER AND DELIVER ALL RIGHTS, TITLE, AND INTERESTS Do NotWrft.ttn 1llls Slod;. IN AND TO SUCH AIRCRAFT UNTO: FORFAAUSEONLY NAMEANO ADDRESS '(lFIN.OMDVAl.{S), GIVe LASTNAME. FIRST NAME.AND MIOOI..E INITIAL) 0::: UJ



## ~ :r:: () 0::: ::::> 

## a. D!Af.ER:CER11F1CATENWBER A'IDTO STRATORs El<l!CI11'0R$, oiOMIII SlNGl.ILARlYTHESAJD AIRCRAFT FOREVERANDWARRANTS THETllt.E T.HEREOF! D GN8 W:AND TO HOLD .AN ASSI TOHA HANDAND SEALTHIS OA.YOF NAME(S) OF SELLER SIGNATURE($) TITLE (TYPeD ORPR.,lTI!O) (IN li\6Q{IF EXEC\JTEO FOR
**('T"fPEOOFtPA~fl:C}**

**~P At.lMUST**  SIGN.) WOolpelt, In<:.



# I<;/~-) **lr~c.svrcJ** { 

## c,.Fo 0::: UJ ...J 0 ...J UJ (/')

ACI<NOVv'L.EDGMENT (JIOT ACQUIRED FoR PURPOSES OF FAA

**REcoRDING~** HOWEVER. NAY BE REc.tnREn BY LOCAL lAW FOR VAl.IOOYO'"TH'e INSTRUMENT,)

# Exhibit 4U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, 

### D.C. 

### IN THE

### MATTER OF 

### WOOLPERT, LLC Respondent DOCKETNO. FAA-2015-0211 (Civil PenaltyAction) ADMINISTRATIVE LAWJUDGE Honorable J.E. Sullivan Hearing

### Date: NOTYET ASSIGNED Hearing Location: NOTYETASSIGNED

AFFIDAVIT OFJOSHUA T. HElD 

### My name is Joshua 

### T. Heid; 

### 1have personal knowledge ofthe following facts, and make the following statements underthepenalties ofpe!jury. l. I am the Treasurer and CPO of Woolpert, Inc. located at 4454 Idea Center Blvd., Dayton, OH 45430. 2. OnJuly 3I,2013, Woolpert, Inc. om1ed and operated a 1972 Cessna402 aircraft, SIN 402B0220,registration number N3MZ. 3. A loss occurred on July 31, 2013. by reason ofwhich the above-referenced aircrnft insured underan insurance policy issued by Global Aerospace, was damaged, and rendered atotal loss by the insurance company. 4. Following the incident on July 31,2013, Woolpert, Inc.'s insurance company, Global Aerospace, provided an Aircrafl ProofofLoss, which stated tl1e following:Aloss occurred onJuly 31,2013, by reason ofwhich the 1972 Cessna402, SIN 40280220, N3MZ insured under said policy was damaged, as hereinafter-set forth 

### in detail. Pilot was distracted during the landing approach andforgot to lower the landing gear in insured's 1972 Cessna402. SIN 402B0220_ N3MZ. See Exhibit I, Aircraft ProofofLoss atp.L

# ,!. 5. Ias Treasurerand CPO ofWoolpert. Inc signed the AircraftProofof

### Loss. See Exhibit 1, Aircmft ProofofLoss at p.2. 6, Along with the signed Aircratl ProofofLoss, Woolpert, Inc.. provided a signed Airc.raft Bill ofSale for the subject aircraft, NJMZ. Se? Exhibit 2, Aircraft Bill of Sale. 7. Accordingly, the above-referenced aircraftsalvage and all ofits maintenancerecords were transferred from Woolpert, Inc. to Global Aerospace in exchangefor insurance proceeds in the amount of$!23,000. 8. As a result, Woolpert, Inc. no Ionge•· has possession or control oftl1e aircl'llft or its records. 9. Atthe time that the aircraft and its records were transferred to Global Aerospace, Woolpe.rt, Inc. had notreceived notice from the FAA that it was i11 violation ofthe Federal AviationRegulations concerning the flight and/or incident that occurred on July 31.2013. 10. I am competenttotestify as to the matters stated herein.

2

# Exhibit 1

# GLOBALAEROSPACE

. - - .

**~** - 

### . . ... . . . ' 

### . '

1972 Cessna 402,SIN402B0220,N3MZ AIRCRAFTPROOF OFLOSS J\.IRCRAFT: U7Z Cessna4Gl, SIN 40230220, N3MZ INSURED VALUE: Sll4,000.00 COMPANY: GlobalAerospacePool (and ito mtmber<Ompaoies) INSlJRElJ: Woolpert,lot. GLOBAL AEROSPACE CLAIM NO,: 665418 By your Policy ofInsurance No. 13000271 beginning April!, 2013 and expiring April!, 2014, you insured tho 1972 Cessna402, SIN402B0220,N3MZ againsttbeperils sp<cifled intheabownumb<redpolicy. I. Aloss occurred on July 31,2013, by reason ofwbioh tbe 1972 Cessna402, SIN 40280220, N3MZinsured under said policy was damaged, as bereina!ler-setforth in detail. Pilot was distracted during the landing approach and forgot to loVIl:r the landing gear ill insured's 1972 Ce5Srnl 402, SIN4G2B0220,N3MZ 2. The said 1972 Cessna 402, SIN 402B0220, N3MZ aircraft, was purchased on the·
_ _,_ __ day of 

# -Juove.ry ,:Uif3. · 3. Atthe time the above policy was effected and atthe time ofthe above mentioned lo" or damage, the said 1972 Cessna 402, SIN 40280220, N3MZ, belonged exclusively to the undersigned and no other person, finn or corporation had any interest therein or bas had any interest. mortgage or otherwise, thereinduring thecurrency ofthis insurance, exceptu follows:

4. The actual amount ofthe toto! loss sustailled by Woolpert, Inc was $124,000.00. The full aod final &nount claimed ofGlobal

**Aerospa~e** Pool (and Jts mentber comp.anles) under the terms of the above Policy of Insurance by reason ofsaidloss is Sl23,000.00, net ofthe $1,000.00 in-motion deductible, 5. Woolpcrt, Inc. hereby directs and authorius the GlobalAerospaoePool (and lls member comp•nlas) to

· payall sumsowing on accountofthis claim directly to Woolpert. Inc. Furthennore,Woolpert. Inc.

r.epresentsand warrants thatithas thesoleauthority to direct where payments onaccountofthis claim should be made and thatno third party hasan interestinthese proceeds. Page I(l{2AircraftProofofLoss

6. There was no other insuill!lce on said aircraft and enginas during the currency ofthe

**abov~** mentioned Policy exceptas follows:

7. The above mentioned loss did not originate by nny act, design or proourementon the part ofthe Insured, nor on the part ofany onehaving any interestin 1IJC property insured, nor in said Policy ofInsurance, and nothing has been done by or with tho privity or consent ofthe Insured to violate the conditions ofthis insurance and no attempt bas been made to deceive said Global Aerpspace Pool (and in member

**eompa~Ies),**ofthls: loss orotllerwise. 8. It is expressly understood and agreed that the furnishing ofthis Aircraft ProofofLoss t9 the Insured, or assistance inmaking ofthe AircraftProofo-fLoss bythe Adjuster or any other

**penon~** isanactorcourtesy end isnotawaiver ofony rights oradmission ofliability by said GlobalAerospace Pool(and its member companies). Any other information and otbe·r documents required by said Global Ael"Q.space l"ool (and its membercompanies} shall befutnish<donrequest.

PrintName STATEOF 0 l-I-tO COUNI'YOF f10I{@Ott(i{L'{ PERSONALLYAPPEARED 

## J'Os«uA- l 

## tf'e!o signer

**~!the** furegoing statemontand made oaththat1IJC oame istrue, endthatnom-laifactis withheldofwhich said Global AerospacePool(and Its member companies), shouldbeadvised, Subscnbed and swornto beforeme,the day and date abovewritten. Witlless rnyhand andofficial sealhereto affixedthis I:;:tJ. dayor_,Sei=:.cP_,-r
_ _, ....::,;.:::0:..:..1

### "'3_
.. TERESACOCKRELL, HolallPohllc (S¢al) In and forthe State of Ohio MyCo111111lssfonExpires Nov;24,%016

Page 2of2

# Exhibit 2

### UNITED STATES OF AMERICA FORMAPPROVED OMB NO. 2121>0042 

### u.s. DEPARTMENTOF TRANSPORTATION FEDERALAV!ATJONAD'IINISTAATJON 0813112008 AIRCRAFT BILL OF SALE FORAND IN CONSIDERATION OF$ THE UNDERSIGNED OWNER[S} OFTHE FULL LEGAL AND BENEFICIALTITLE OF THE AIRCRAFT DESCRIBED AS FOLLOWS: UNITED STATES 

# N3MZ ReGISTRATION NUMBER AIRCRAFT MANUFACnJRER & MODEL Cessna402B AIRCRAFTSERIALNo. 40280220 DOESTHIS DAYOF 

# . HERESYSELL, GRANT, TRANSFERAND DEUVER ALL RIGHTS, 71TLE. AND INTERESTS coNotWrite InThis

**a~** INAND TO SUCH AIRCRAFT UNTO: FOR FAA USE ONlY NAMEAND ADDRESS (IF INDMDUAI.(S), GIVELASTNAME. FIRSTNAME.AND MIDO!.E INIJW...) 

# a:: w



## ~ ::r:



# ~ ::) 

## a. DSALERCERn.FrCATE

**NUMBE~** ANOTO EXECUTORS. AOMJNJSTRATORS.ANDASSlGNSTOAAVEANOTO HOI..D SINGUI..ARLYTHESA1DAIRCRAFtFOREVER ANI>WARRANTS THElrn.EiHEREOF: INTESTIMONYWHEil!lOF HAVE SET HANDANO SI!AI.THIS llAYOP" NAME(S) OF SELLER SIGNATURE{S) TITLE (l'YPI!D OR PRINTED) (IN INI<){IF EXECUTED FOR (T\'!'EO

**ORPII~O)** CC)OWNERSH!P,ALL MUSTSIGN.) Woo!pelt,lnc.



# -9'~- 

# ) "Tr-ecsvrcJ { C.

## I=0 

# a:: w ...I 

## • ...I 

### w (/)

ACKNOWlEDGMENT (NOTREOUIR&O FOR I=URPOSe8 OF FM R£COROINO. HOWEVER,MAY BE REQUIRED B'fL.OCAt.lAWFOR VALJDOY OFTilEINSTRUMSNT,} ORIGINAL:T6fAA: AC Form 0050-2 (911)2) (NSti**005:!~0-62~003)** SUp""'edesFrGvlous Ed!ion

# Exhibit 5**~~-** S De-
..... ··o:"!rr:EX1! cf7:c;nsoonrn:m Federal Aviotlott Administration .O:...ugust 29_ 20 'i 3 **f;l'}~·::** :S\G:ldatds Dr$r;;;;;:
**iJ:'I:':~:.~-:**

**P.ar~:.** C(;

**\".!r;:s~** Pi;:::.:.:a (.::·,.::.·

**2:~,-_; r.:~:;'lt!;:**  **,:,_.,:,;:,,~:~~-** S:.;·.t;:: ';G.:

CERTIFIED MAIL- RETURN RECEIPT REQUESTED No. 2013EA250068 Mr Bob Shelton O:sciplme Manager Aerial Data Acquisition \!Voo!per!.. LLC 5 Falcon Drive Suite 102 Peachtree City GA 30269 Dear Mr. Shelton: Duling a recent incident inve.srigation on Ju!y 3'1. 2013. offFI aircraft operated by Vl/oolperL LLC, the Federal Avlativn Adn;in:s!ration (FA-1,) Cisccvered **irreguiar~t!t;;-.s** com::erning \1'-Joolpert. LLC_ aircraft

**~~3MZ** Specific:-a!\y, ,;---;,:_; ;:;::.,;":, fo-l!Ci'.:i· 1 Nc:.o!pert. LLC operatt:;d an **u~-airvjortby ai~craft**  **N~:.MZ.** a Cessna 4028.

**S2tL3~** nurnbei 40280220 The ,;:p,rc1·att \Na:S **ur·l~airv'Jorthy** because i;

**d~t-:** mJt **·,:';•)nfor:-~;** \(' ds l'fD€ design. The aircraft had a Standard Airworthiness Cen!ficate. and :r

**-·.~as** altered fo; aerial surve-ying vvhlch requires a Spec1a! J:.;ir
..vorthiness Cer!lffcate.. Rest:ic\ed Category. This is required by 14 CFR part 21 25 {b)(3)

**This;,~** to infcrm you t11at the FAA is investigating this matter We wis!1 to oife;· yo,_,¥' opportunity to discuss the incident in person orsubmit a written **sta~ement \iVltr~in**  ·: G,::Bi'S following receip1 oflh1s letter. Your statemen.t should contain all **p·znine~'it** facts ana any rr:itigaf1ng circumstances you believe may have a bearing on tilt:: incident If we de no:. hear from you within the specified time. we ;Nil! process th'1s withm.1t the benefit ofyour statement.

**1~:;;, p~rt**  of our **ir.vestiga~iDn,** we n"ius;: deterr1\nE- whethe:rV\.'oo:p.9rt. LLC is a sma!! Dusw;ess coneerr, und.zr appil·:.able )a'N To assist us in rnaking th:s. C•zterm!nahcn. **pleas~·** ad

**vis~** :J·s

**~r** the ann·ua\ receipts of\;'VcoiperL LLC are **b~\c·..v** 

### s·1

**.::~ ;-;~,);!,_:;;--:_** 

# Exhibit 6U.S. Department of Transportation 

### Federal Aviation Administration 

### JUN 18 

### Z014 Eastern Region Regional Counsel Telephone: 718 553-3266 Facsimile: 718 995-5699 

### 1 Aviation Plaza Jamaica, NY 11434


### CERTIFIED MAIL· RETURN RECEIPT REQUESTED. AND REGULARMAIL Woolpert 

### LLC 

### 5FalconDrive Suite !02 Peachtree, GA 

### 30269 Docket No. 2013EA250068 NOTICE OF PROPOSED CIVILPENALTY TAKE NOTICE, that this office has received an investigative report from which it appears that Woolpert, LLC violated the Federal Aviation Regulations by reason ofthefol!O\\ing: 

### !. At all times relevant herein, Woolpert, LLC (hereinafter "Woolpert"), owned and operated a Cessna 402B aircraft, identit1cation number N3MZ (hereinafter "the aircraft"). 2. On or about July 31, 2013, Woolpert operated the aircraft on a t1ight from Eagle Creek Airpark (KEYE) in Indianapolis, IN, to Essex County (KCDW) in Caldwell, NJ. 3. During the above-described flight, the following items were installed on the aircraft without the required FAA approvals and maintenance/alteration entries: a. Leica ComputerProcessorUnit, model SC70 b. Leica camera controller, model ALS CC105 c. Leica operation controller, model OC52 d. Leicacamera, model RC30 e. Lidar scanner, model LS70-LP f PowerBright400-wattpower inverter. model ML400-24

### 4. By reason ofthe above, Woolpert opemted the aircraft when 

### it was not in an airworthy condition. 5. Woolpert thus, as owner or operator ofthe aircraft, pelfomJed maintenance. preventive maintenance, or alterations on the aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this chapter. 6. Woolpert thus, as owner or operator ofthe aircraft, operated an aircraft that had undergone maintenance, preventive maintenance, rebuilding, or alteration when it had not been approved for return to service by a person authorized under Section43.7 ofthe Federal Aviation Regulations. 7. Woolpert thus, as owner or operator ofthe aircraft, operated an aircraft that had undergone maintenance, preventive maintenance, rebuilding, oralteration when the maintenance record entry required by Sections 43.9 or 43.11, as applicable, oftheFederal Aviation Regulations had not been made. By reason of the foregoing, Woolpcrt violated the following section(s) of the Federal Aviation Regulations:
a. Section 91.7(a), which states that no person may operate a civil aircraft unless it is in an airworthy condition. b. Section 91.403(b), which states that no person may perform maintenance, preventive maintenance, or alterations on an aircraft otherthan as prescribed in this subpart and other applicable regulations, including part 43 ofthis chapter. c. Section 9l.407(a){l), which states that no person may operate an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for renu·n to service by a person authorized under Section 43.7 ofthe Federal Aviation Regulations. d. Section 9!.407(a)(2), which states that no person may operate an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless the maintenance record entry required by Sections 43.9 or43.11, as applicable, ofthe Federal Aviation Regulations has been made. Pursuant to 49 U.S.C. 

### §4630 l(a)(5)(A), Woolpert is subject to a civil penalty not to exceed $1 LOOO for each violation ofthe regulation(s). Afterreviewing all ofthe infonnation 2

### contained in our investigative file, we propose to assess acivil penalty in the amount of $7,000 for these violations. Enclosed is infonnation on Woolpert's options in responding to this Notice. 

### The options include parti.cipating in an infonnal conference with an FAA attorney and submitting information to the FAA for consideration. Woolpert must submit, in \\Titing, its choice of the alternatives explained on the enclosed information fonn on or before thirty (30) 

### days after it receives this Notice. 

### IfWoolpert fails to submit its choice within that time, it 

### will have no further right to 

### participate in the informal procedures. Alfred R. Johnson, Jr. 

### Regional Counsel
(!_



## ~< By:


# --~--~-· --·--- Dan 

### Kohlmeyer Attorney Enclosure Information Sheet Option Selection Form lnfbnnal Conference Location List

3

# Exhibit 7

## ,--~ 

# FlightA:ware uvE FLIGHT TRACKING Live FlightTracker + NJMZ

ACTIVITY LOG Date A"tr<::raft Origin 

### 12/1312013 10:36:30 Alv Join FlightA'Nar;:. [Why Join?I t.cg:r, English (USA)

Destination like 

### N3MZ 'NOOLPERT INC· DAYTON OH
**{'~<:;;~:~at**.. **~.'-)** Eagle Creek Airpark (KEYE- mfo} Essex County (KCOW- inio) Indianapolis, IN 07;03?M EDT SCheduled: 06:45PM EDT Cll!dwell. NJ H1:1SPM EDT Sclledulert 10:13PM EDT

i Status 

## ! Aircraft 

# I . Speed

**Altit~;ae** 

### IDlstance ( Rotue Duration: 3 hours 13 minutes Wodn•sdily, July 31,2013 Lancteo:: 1i wo&ks ago. (.rae:.:. '.cg;:. grt::?r,) Cessna 402 **(twin~piston)** {C4C'":G- :or:ctos) Filed: 160 kts (gra;=r:) Filed: **11,000feet(~r.a;li':)** Direct: 637 sm Planned: 643 sm f!lcwn: 649 srn DON V12l-tAA ETX (C"'.::::.ee) 

## ,-----------------,

**G~t** notJiied of this fl,l;ht's a(tlviry

- [

Vl/ar.t

**~full** history search for N3MZ elating oaci<; tv

**1998'~** Buy r.o-.'i Geiit •m!hm :::-r.e hour Oeparted Arrival Duration No History Data (searched last 14 days) Raglstorod users **(reg~t&ring** is &ee an7!)view 4 monthS bistooy. Jc>o 15,j(!Oflr------------------7 ,'----------------..., 2!0 il!s Aili1t:aE _, 00000 II Speec "' 000

**-~:s**.•

**~**

**~-;,_;..:** ; **:e:;1s.:i~** i

**E:~-~,s~** ,;t..;i':}j
**E~.lf•i~l·** (US<'-.;;
**Ei~<Hicl (Esp::~;.;)**  i\":r.r.>;.a,s.l. :>·"=:;;..'
**\!~l!.;;r.C·:** ·: .r•.

**;~** i j;;l ;,;); f **,'<t;::s<il!!"c<:!~** · **~·:r!l.'"-';:~~.o;; O:';r.~:r**  ..**~;** Sv;ns:.:n i

**":"(I~~~;** ,. ;_.•;:-: .•, . , ;;) ;!'.)!.1 **~ii[;i':.J..Wil!"O**

N3MZ 

## + FlightAware **SOl!.~** 0 i<t$

Page I of2

# Exhibit 8

# 0 FAA ACCIDENT I INCIDENTREPORT DA 

### IYR 

## IJ It Af'CIDENT

# w " [Z] '. l.lil
, E ,I i1 , 1 '· DATE OF EVENT



# ~

# ..CWJ CWJ
IJB lc_ FAA OFFICE I>. NTSB!D t 

# I I I

# OJ [.[] l X1ffi

**,:~RD**

**~** "" i PRIMARY \ \Li"ITEO 

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# 0 ll:!!_ I .,,, 

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### ~ ' LQC,\T!Oii;CITY/STAT[IZ!P


### ~~·":~WERPLAN'I· . Ytsn NO[)() .• ;:,.; f, OP£RATORNHIEN/A 

## I I I I 11 

## ,'<·

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## "'· "C IX.

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X

GUSTYWINDS FA!' Foll'n 8020·23 (01-10) I 2fb _OVER•

.CG OUT OfLIMITS •STRUCK ANIMAL .PAX ' STOLEN AIRCRAF1 FT 

# I
**'J,{f,;T~)'."i;"~~** -C TION **~**

2 22. TYPE OfOPERATIO;<iS 

### Ll!""'. lPICOTf :f>ILOTINCP.
[_H_A.I\I)LANDING rRUNWAY X

TAKEOFF

». PHASE OF !'UGH'!DE>CENl LANDING CARGO I BUSINE>S f'EF.RY
;IAIREVAC I
. 

### I DANNERT()W_ IAIR SHOW IAIRTOUR

OTHER

Sl/PERSEDtsFAA FORMS: 8020-S ao<f 8020-16 lS PRJ::LlMINA.RV "'NDSUlUECTTO CHANCE NSN'AfQA REPORT NU!'.IRER 

# l • ' E !A I 2 Is ]1 3 lo [s I6'. · 

### r"::.·**.:P.:I=Lc::Oc:T:_T.:.:R:::A:.;l:..N:::INc:c::G:__c<C_HE,c~K=Al.rL ::c";::"::'::~"'~'**  y.:·"'.:::.:.co_"'.:_':.:"':..TW,.:O::.M::"':::r::"'::<::'::"":.TIWNl::;:.:::.· :::":c::•v:.:'::.":.:'::· IF:_:A:':.:'L::IC::.' ':::"::"::';:v 

## '::'l.A;:.'::";'-,--_JO ALLUNKN0WN 1-c--c-,-:---,_--:c::--+YE:_S-f j>N:_O+UN:_K+..!C!!!MO>ele<,O,Af.:IY(!R;cl **-+-~"M!QO,JUA/Ylt** YI:S NO UNK! 'M(l/D !YR o.IOfD.IiYR SAFETY SEMINAR/CliNIC X AJRCARRIER. TRANSITION X 

## I **~~~~------T-~r-r------t-------E~=-=~~~~~+·~~~~-+--------t**

WINGS PROGRAM I X SlMULATOR 'X : 06/30/13 AIR CARRIER IN"ITJA.L )( COMMITHIRD PARTY (CON1'RACTTRAINING) X AIR CARRIER RECUAAENT X OTHER X AIR CARRIER RE·QUAL!f!CATION X :;G. EVACVATIONOVERVIEW (AJRC"-RRIERoNLYJ EVACUATlONTNITIATED OvEs QNo EVACUATION INJURIES 

## n YES " PILOT INFORMATION NOT APPLICABLE 

## 0 CERTIFICATE TYPE SECOND PILOT NAME WILLIAM D O'CONNOR RECREAT\O!•ML 

## IoJ,r 

## III!:Kl 1 s111 STUDENT 

# LJ,J 

# L.W LJ._J :J5A DATE OF BIRTH 

# ITJCOCIJ f>R!YATE 

# CIJ q:J

# + MO --rt,. Ylt 

## l3lol2l7l7i i 

# I I I 

## I I 

## I DATE HIRED I' **~(A~I~R~CA~RR~IE~RC:O~N=LY~)~---1·----r=~=F=T~~~~-----t--r---------1--i----r=~~~~=,--~-----1**

DOMICILE ZIP CODE 

# I COMMERCIAL HOURS IN MAKE AND MODEL

## I 

# I blslo\oi!SJSJ X fLIGHT !NST. 

## I 

## I i 

## I 

## I I[SJSJ 

## I I I 

## )611IISJSJ X ATP 

## I I i 

# I I ![SJSJ I HOURS IN LAST 90 DAYS 

## I I 

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## I 

# I I I 

# OISJSJ ' 

## li}4 !1 

## 171 

# o I 

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## l ![SJSJ .SPORT I **TO_T:~A~L~H~O~U~'RS:_** ________ 

# +-__**_J=:~±=~~~J=~~---i--~------~--+--+----~~~~==~ib~~----~** 

# ----· CERTIFCCATENO. , 3213112 NON·PILOT OTHER 

## [QITI CQli] 

### [ill] MO DA Vl\ REGULATORYCHECKRJDE 

# i
l!. CORREC"rJVEACTlON(S) f>LANI'I"ED OR INITIATED NONE

### 0
**>I017!!9Rt.L1U.!>l~** SbR

### 0 COIJNSELING

### 0 t.IRO MAUt"NCTION OR D!F£C'tfl,.£1"01\1'"

### 0 OTHER-o' 

## " NARRATIVE {A1TACH ADDITIONALSUEETS AS NECEsSARY) 

# ITJ [I]

# ITJ MO D.U. YR
(0Jiil..'V ST.\Tf.YACTSOR StQt!£NCEOFn'E1'1TSTHAT.\ltll rttU:VANTTOTII!:ACCIDENTOR INCIDENT] *See Appendix•

CONDUCT OF INVESTIGATION

**:-;~.** NTSB P ARTICIP,•\TION ON-SCENt.

## 0

**~;** 

### __...f.v. l?-.1TlAL NOTIFICATION l.l!l.llTtD

## 0

**NON:_L~J** .! H. FMPARTIC!Pi\TIOO ON-SCEftiF. **~NOT(IN...SC£NEO** SCEN£NOTo\CC€SSJDL£l] 

# C2T2J't;oi1Tlill:J n. FSDO NOTIFICATION F"A.4. IIC ARRIVAL ONSCENE 

# I"

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## 12\212\ 0

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### ll61

**~** FAA ltOIJRS US£D FOR

**~** TOTi\t.lNVEST!GATION 

## "I I 

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**~** TOTALtWURSVSI;D I' 41.1 • . . **~** A.TACOOENTSCENE · 

## l2l

**~** TOTAL TIIA\'£1,..fl0URS • . **•~** l'O&FIH>Mset:NE FAA Nll't"E RESPONSIBILITlES ID!Nlli'ICA"OONOil" **RESPO~"liiBILffiES** IS THE 1Nvt!M10ATQRS OPINION 8A5E.D ON HlSJfiEQ. fi'IY£STIGATION l. FAA FACiliTIES 

# mO NO 

### [8] 

## l.f, AIRMAN/AIR AGENCYCOMPETENCE YESI2J 

## NOO!_i. SECURITY 

# mO

**~0** 

### [81 ·---;;=;- l. NONFM FACILITIES YES 

## 0 NO

# [Rjl' FARCHANGE NEEDED 

## YESO 

# Nol8Ji•

**Al~'-IAN** MEDICAL QUALIF YESO NO 

### (8J 1-----·--·· -·

3. A!RWORTHl:-.'ESS YES 

## 0

**NO~**

# I'· AIRPORT C:ERTlflCAT!ON 

# YESO NO 

### [8]

# I'· FAR VIOLATION YESn

**NO~**

**~** 4"3. BRtEF EXPLANATIONOf ISSUES INVOLVED 4. THE AIRMAN DID NOT PUT THE LANDING GEAR DOWN CAUSING THE GEAR UP
**Lk~DING.** PROPER PROCEDURES WERE NOT FOLLOWED BY THE PILOT. A 709 RIDE WILL BE R REQUIRED TO REEVALUATE THE **AIRMAL~'S** COMPETENCE. 09/04/2013 AIRMAN SUCCESSFULLY COMPLETED 709 REEXAMINATION BY THE 

### 80-11 FSDO. " FAA l!C NAME WATSON 0 JOSEPH DATE08/27/2013 REGION EA DISTRICT OFFICE IN"IiORMATlON IS **PREL!~JNARY** ANOSllBJECTTO CHANGE 25Appendix Report Number:AEA2513050
16. POWER PLANT MAKE/MODEL/SERIES CONT MOTOR TSI0-520 SER 218947 & 509357 17. PROPELLER MAKE/MODEL/SERIES MCAULY 3AF32C* 981844 & 981271 33. NARRATIVE ON JULY 31, 2013 A CESSNA 402B, N3MZ, LANDED GEAR UP IN CALDWELL, NJ (CDW) AT 2214L. IN A REPORT THE AIRMAN STATED HE

**~~E** A NORMAL DOWNWIND ENTRY TO RUNWAY 22. APPROACH FLAPS WERE SET AND THE PILOT TURNED FOR HIS BASE LEG. THE PILOT OVERSHOT PINAL DUE TO MANY GROUND LIGHTS AND NOT BEING ABLE TO SEE THE
**R~~AY.** THE AIRCRAFT WAS 25 TO 30 DEGREES OFF FROM CENTERLINE

**&~D** THE AIRMAN ADJUSTED HIS PINAL AND APPLIED FULL FLAPS. THE AIRCRAFT THEN LANDED WITH THE LANDING GEAR STOWED. THE PILOT FURTHER STATED THAT HE FORGOT TO EXTEND THE L.'\NDING GEAR AND THERE WERE NO MECHANICAL IRREGULARITIES THAT WOULD HAVE PREVENTED ITS PROPER OPERATION. THE AIRCRAFT WAS LATER PLACED ON JACKS AND THE
**~~ING** GEAR WAS EXTENDED
**NOR~ALLY.** THE INITIAL REVIEW OF THE AIRCRAFT RECORDS INDICATE THERE MAYBE ADDITIONAL AIRWORTHINESS VIOLATIONS TO BE HANDLED AS A SEPARATE MATTER.

Appendix Page 1CERTIFICATE OF SERVICE 

### I hereby certifY that I have this date sent via FEDEX delivery, postage pre-paid, an original and one copy ofthe foregoing 

### Respondent's Reply to the Complainant's UntitledMotion to Amend addressed to: ORIGINAL AND ONE COPY 

### Federal Aviation Administration 600 Independence Avenue, SW Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 Washington, DC 20591 And further, that I have this date served a copy ofthe foregoing 

### Respondent's Reply to the Complainant's UntitledMotion toAmendvia facsimile and FEDEX delivery, postage pre-paid, to the following: ONE COPY VIA FACSIMILE NO. 202-366-7536 

### Hon. J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 Tel: 202-366-6941 Fax: 202-366-7536 ONE COPY VIA FACSIMILE NO. 718-533-5699 

### Dan Kohhneyer Attorney Federal Aviation Administration, AEA-7 1 Aviation Plaza Jamaica, NY 11434 Tel: 718-553-3266 Fax: 718-533-5699 

### Counsel for Complainant Dated: September 18, 2015

15 Gregory S. Winton, Esq. The Aviation Law Firm 1997 Annapolis Exchange Parkway Suite 300 Annapolis, MD 21401