William A. Curtright Respondent PO Box 1350 Jefferson, OR 97352 Telephone: (503) 209-7388 Fax: (503) 485-0812

In The MatterOf: 

## UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# H

Docket No. FAA-2015-1319 WILLIAM A. CURTRIGHT, Case No. 2014NM090046 Respondent Judge J.E. Sullivan
RESPONDENT'S REPLY TO ORDER SETIING DEADLINES FOR THE FAA TO SUPPLEMENT ITS MOTION. FOR THE RESPONDENT TO RESPOND AND SHOW CAUSE, AND GRANTING/RESERVING OTHER RELIEF Respondent Dr. Wm. Ames Curtright, DBA's response to FAA's Complaint is as follows: We were served with the Complaint dated May 19, 2015. The document was notsigned by Complainant FAA attorney David Shayne, which made me question the formality ofthe document. Because there was no signature, itwas not realized that a response was necessary. Also, we have now noted that on page 3, separate from the actual Complaint, is a statement of four single-spaced lines suggesting a response was needed (Exhibit 2). Not being an attorney, this information was inadvertently missed and, thus, not understood to be a legal document bound by a response with aformal deadline. As already stated, lack ofa signature suggested an informal issue. Ourfirst objective was to respond asking why, since the logs were lost, we wondered why a complaint was filed in the first place. On February 10, 2015, we did respond with a letterto Mr. Shayne (See Exhibit 3). Prior to this letterwe had responded with calls and other communication. We believed that progress on compliance with FAA requests was being made toward a resolution because we were in continuous contact with the FAA by phone, FAX and letters. However, the communication seemed to be more ofa one way street. RESPONDENT'S REPLY TO ORDER SffiiNG DEADLINES FOR THE FAATO SUPPLEMENT ITS MOTION, FOR THE RESPONDENTTO RESPOND AND SHOW CAUSE, AND GRANTING/RESERVING OTHER RELIEF Docket No. FAA-2015-1319 Case No. 2014NM090046 Page 1 of 3 William A. Curtright Respondent Telephone: (503) 209-7388 Fax: (503) 485-0812

### We believed ouractions to be a good faith effortto meetthe demands ofthe FAA. We were unable to immediately locatethe logbooks forthe aircraft when they were requested by the FAA because all who complete maintenance or repairs needed to have access tothe logbooks to documenttheir work on the aircraft. Locating the logbooks was further complicated bythe fact thatthe aircraft used to travel to our distant second home near an airportwhere the aircraft was sometimes worked on was grounded. This prevented us from searching forthe logbooks atthat distant location to rule it out ordiscover the logbooks there. Therefore, we were unable to provide the logbooks to the FAA within the timeline requested and timewas needed to locate lost logs and gatherthingstogether. Finally, after a letterwas written to the director of Portland FSDO and avisit to our offices ensued, Portland FAA inspected logs, and appeared to be fully 

### satisfied that both the pilot and aircraft were in compliance. (See Exhibit 1). CONCLUSION 

### In conclusion, as to the initial Complaint, we did not know aformal reply was necessary since there was no signature. Also, we were responding in the only way we knew how by pointing out we had lost the documents. The FAA legal counsel Mr. Shane chose to ignore that. 

### The pilot, aircraft and the logs were shown to be in compliance. FAA legal counsel David Shayne seemed reluctant to share information and did not forward this information to us until pressed. Also, counsel seems reluctant to dismiss the complaint or withdraw the complaint even afterwe had complied.
Respectfully submitted this

## j_Lday of November, 2015. 

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# ' Dr. William A. Curtright, DBA Respondent

RESPONDENT'S REPLY TO ORDER SETIING DEADLINES FOR THE FAA TO SUPPLEMENT ITS MOTION, FOR THE RESPONDENT TO RESPOND AND SHOW CAUSE, AND GRANTING/RESERVING OTHER RELIEF Docket No. FAA-2015-1319 Case No. 2014NM090046 Page 2 of 3 William A. Curtright Respondent Telephone: (503) 209-7388 Fax: (503) 485-0812

## SERVICE LIST ORIGINAL 

### & ONE COPY Federal Aviation Administration (Fax and FedEx Overnight) 800 Independence Avenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000 Fax: (202) 267-1293
Judge J.E. Sullivan (Fax and FedEx Overnight) U.S. Administrative LawJudge Office of Hearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, SE (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY

David F. Shayne, FAA Attorney (Certified First Class Mail) Complainant's Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Ave. SW Renton, WA 98057 TEL: 425-227-1847

RESPONDENT'S REPLY TO ORDER SETIING DEADLINES FOR THE FAA TO SUPPLEMENT ITS MOTION, FOR THE RESPONDENT TO RESPOND AND SHOW CAUSE, AND GRANTING/RESERVING OTHER RELIEF Docket No. FAA-2015-1319 Case No. 2014NMQ90046 Page 3 of3 William A. Curtright Respondent Telephone: {503) 209-7388 Fax: {503) 485-0812

# SPEED MEMO SUBJECT 

### EIR No. 2014NM090046, Lost Logs TO: DATE OF REPLY 

### Marty G Conroy 

## cc Bill McKibbon SIGNATURE OF REPLIER TITLE ROUTING SYM.**---·--~--·-** INITIAL MESSAGE INSPECTOR STATEMENT

On Thursday, 08-13-2015, ASI's Curt Cowley and Terry Juran Inspected the aircraft maintenance records of Supercub N949JP. at Mr Curtnght's place of business in Salem. Or. Mr Curtright was pleasant and curteous. He allowed us unrestricted access to the aircraft logbooks without distraction. The records were well organized and complete. back to the birth ofthe aircraft. The records did not appear to the alterered or edited 1n anyway. No descrepantcies were noted, and the aircraft appears to have been airworthy at the time ofthe accident



### I REPLY MESSAGE



## ----

FROM: DATE OF INITIAL MESSAGE**~§<.** st 1J'12015 FEDERAL AVIATION ADMINISTRATION

## SIG~AT~;(~:t~ Flight Standards District Office 3180 NW 2291 ' Avenue 

### I./ (/
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### I Hillsboro. OREGON 97124 TITLE ASI 

### t' ROUTING SYM NM09 Resp. Reply to Order Setting Deadlines 

## Exhibit I, 

## pg. 1

### William Ames Curtright From: 

### Sent: To: 

### Subject: Attachments: David.F.Shayne@faa.gov Wednesday, October 14, 2015 2:15PM ames@amesresearch.com RE: Docket No. FAA-2015-1319, Curtright document2015-08-16-071730.pdf

Here is a copy ofthe email I received and the memo Sorry David, This is to confirm the records have now been provided and examined to our satisfaction. Attached is aspeed memo from inspector Cowley regarding his examination ofthe records. Best regards, Billy J. McKibbon Front Line Manager- Heavy Helicopter Unit Portland Flight Standards Federal Aviation Administration (503) 615-3235
We value your feedback. Flight Standards Service Quality Management System (QMS) Feedback Form:http:/ /www.faa.gov/about/office_org/headquarters_offices/avsjoffices/afs/qms/

From: William Ames Curtright [mailto:ames@amesresearch.com] Sent: Wednesday, October 14, 2015 1:58PM To: Shayne, David F (FAA) 

### Subject: Docket No. FAA-2.015-1319, Curtright David, I note thatthis matter is still before the courts. I also note the Order for Reassigning the proceedings to a newJudge. Thus I note thatthis matter isn't dismissed as ofyet. I Could you send me a copy ofyour last letterto the court requesting the Dropping and closure ofthis matter. As you know Curt Cowley visited our offices and reviewed all documentation ofthe lost documents from Portland, Oregon

Dr. Wm. Ames Curtright, BS, DBA CEO/President Ames Research Laboratories, Inc. ames@amesresearch.com Phone: 503-588-7000 1 Resp. Reply to Order Setting Deadlines 

## Exhibit I
.pg.

**~**DAVID F. SHAYNE 

### FAA OFFICE OF REGIONAL COUNSEL 

### 1601 LIND AVE., SW RENTON, WASHINGTON 

### 98057 TELEPHONE: 

### (425) 227-2165 FACSIMILE: 

### (425)227-1007 

## UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In the Matter of: William A. 

### Curtright FAA Case No. 2014NM090046 Judge Not Assigned

JUDGENOTASSIGNED: COMPLAINT 

### The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 Code ofFederal Regulations (C.F.R.) Section 13.208), and states as follows: I. 

### OnMay 6, 2015, William A. Curtrightwas advised through a Final Notice ofProposed Civil Penalty thatthe FAAproposed to assess a civil penalty inthe amount of$11,000. On May 11, 2015, Mr. Curtright submitted a written request for a hearing. 

### II. 1. William A. 

### Curtright was and at all times material hereto was the owner and/or operator ofa Piper Model PA-18135, a U.S. registered civil aircraft, N949JP. 2. Onor about July 1, 2014, an Aviation Safety Inspector (ASI) from the Portland Flight Standards District Office wrote 

### Mr. Curtright a letter demanding thathe provide
COMPLAINT FAA v. William A. Curtright FAA Case No. 20 !4NM090046 Page 2 of5 DAVIDF. SHAYNE, FAA ATTORNEY TEL: (425) 227-2165: FAX: (425) 227-1007 Resp. Reply to Order Setting Deadlines 

## Exhibit 

## 2 pg. 1

### aircraft weight andbalance, and aircraft and engine maintenance logbooks for N949JP. 3. Mr. Curtright senttwo emails and a letter acknowledging that he was aware ofthe demand. 4. As ofthis time, 

## Mr. Curtrighthas failed to provide the maintenance records referenced above.


### III. 1. By reason oftheforegoing facts and circumstances, 

### J\1r. Curtrightviolated Section 91.417 (c) ofthe Federal AviationRegulations (14 Code ofFederal Regulations (C.F.R.)) in that he owned or operated an aircraft for which he failed to make all maintenance records requiredto be kept by this section available for inspection by the Administrator. 2. In 

### accordance with Sections 46301(a) and (d) ofTitle 49 ofthe United States Code (U.S.C.) (Transportation) [49 U.S.C. Sections 46301(a) and (d)], Mr. Curtright is liable for a civil penalty notto exceed $11,000 for each ofthe violations noted. 3. Under the facts and circumstances ofthis case, a civil penalty of$11,000 is appropriate. WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative LawJudge enter anOrder thatWilliam A. Curtright be assessed a civil penalty inthe amount of $11,000.
Respectfully submitted this 19th day ofMay 2015.

DavidF. Shayne FAA Attorney

COMPLAINT FAA v. William A. Curtright FAA Case No. 2014NM090046 Page 3 of5 DAVID F. SHAYNE. FAA ATTORNEY TEL: (425) 227-2165; FAX: (425) 227-1007 Resp. Reply to OrderSetting Deadlines 

## Exhibit 2, 

## pg. 2

### ANSWER In accordance with Section 13.209 ofthe Federal Aviation Regulations, William A. 

### Curuight, mustanswerthis Complaintnotlaterthanthirty (30) days from the time itis served. Failureto file an Answerwithinthirty (30) days without good cause shall be deemed an admission ofthe truth ofeach allegation contained inthe Complaint [14.C.F.R. 

### § 13.209(£)].

COMPLAJNT FAAv. WilliamA. Curtright FAA 

### Case No. 2014NM090046 Page 4 of5 DAVID F. SHAYNE. FAAATTORNEY TEL: (425) 227-2165: FAX: (425) 227-1007 Resp. Reply to Order Setting Deadlines 

### Exhibit;), 

## pg. 

## 3

## CERTIFICATE OF SERVICE IherebycertifY thatthe foregoing Complainthas been servedviafacsimile and/or certifiedmail

- ReturnReceiptRequested this date, to the following:
Federal Aviation Administration (Original and one copy) 800 Independence Avenue SW Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Suite 2WIOOO Fax: (202) 267-1293 William A. 

### Curtright P.O. Box 1350 Jefferson, OR 97352 Dated this 19th day ofMay 2015. I



# ~~01 Ter ·Kirk Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 LindAve. SW Renton, W A 98057 (425) 227-2007

COMPLAINT FAAv. WilliamA. Curtright 

### FAA Case No. 2014NM090046 Page 5 of5 DAVID F. SHAYNE, FAA ATTORNEY TEL: (425) 227-2165; FA.X; (425) 227-1007 Resp. Reply to Order Setting Deadlines 

## Exhibit 

## ::2, pg. 4• Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back ofthe mailpiece, or on thefront if space permits. 1. ArticleAddressed to: 

# David

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2. Article Number (Transferfrom servicelabel) 

### 7004 2890 DODO 2884 7728 PS Fonm 38ii, February 2004 Domestic Return Receipt

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Resp. Reply to Order Setting Deadlines 

## Exhibit

# S, pg. 1February 10, 2015 VIA FIRST-CLASS CERTIFIED RETURN RECEIPT REQUESTED AND FEDEX David Shayne FAA Attorney 1601Lind Avenue SW Renton,WA 98057 Re: FAA Case No. 2014NM090046 Dear Mr. Shayne: This is in reference toyour notice ofproposed civil penalty datedJanuary 14, 2015. All documents have been provided to Martin Conroy in Flight Standards District Office in Hillsboro, Oregon. In an aircraft collapsed gear incident on the Super Cub amphibiousaircraft, the leftwheel collapsed; the aircraft, after landing nearly perfectly, continued to slide offthe runway when the rail of the leftfloat banked the aircraft to the left upa slight slope. Mr. Conroy has been provided all documents certifying the aircraftwas airworthy and weight and balance. My logs are lost We cannot find them. I live in Canada as well, but since I have no aircraft available, I cannotget north. I plead notguilty because ofnon-intentional circumstance. I have an attorney. Please contact him forfurther communications. The weight and balance we have provided again through my attorney. This aircraft is nowdown and cannot fly, butwe have provided all possible documents, Far further assistance, please contact my attorney, ThomasJ. Flaherty, 503-245-2500. He will assist you with any defense I might need. Best regards,



# "'b.~ 0: 503-588-7000 Ex 110 C: 503-209-7388 ames@amesresearch.cam Enclosures
cc ThomasJ. Flaherty, Attorney.,--


### ~

Resp. Reply to Order Setting Deadlines 

## Exhibit

# 1, pg. 2Ref: SHIPPING• SPECIAL: 

### September9, 2014 Oap: Dlilta= OSSep14 Wgt: 1.00 LBS DV• HI\NOLINS• 0.00 TOTf!!L:



### Martin G. Conroy Aviation Safety Inspector Flight Standards Dist. Office 3180 NW 229'" Ave. Hillsboro, OR 97124 Re: EIR Number2014NM090046 Dear Sir: Sns: •• 20AY •• TRGK: 5565 019! &&01



### As explained via email, the aircraft logs are not in the United States;they are In Canada where I also live. Iam nowawaiting the time to repair myaircraft repair. Inorderto meetyour request, I have emailed the remaining documents and the Certification ofAnnuallnspectiQ!ljls requested tothe Portland office. Ali otherdocuments have been provided to you as requested. Isit

### possible your people have not opened your emails to checkthe attachments? They were sentto your Portland office. If you are still missing something let us know. We have provided aletterfrom the mechanic who did the annual certification inspection. We recently erf,ailed the weight and balance but again we will mail ittoyou. The event was on my private property. Ittook place after landing;there was asteering problem becauseofacollapsed gearwhich caused abreaking tothe left. The aircraftwas not airborne but inertia and the rail on the floats pulled the aircraftto the leftand intothe grass, thus, our description ofthe event which damaged the aircraft. Your letters indicate you have never received any ofthis information which is troubling.

**~-** 

### We have provided you theaircraft weight and balance,

**airworthi~ess** 

### registration certificate, and documentation with the flight review requirements and all the documents you requested, yetyou people act as ifyou never received those items. We have provided to you the documents in aspirit ofcooperation. Again, we hope this meets your needs and praythis bringsclosure for us both. Dr. W. Ames Curtright B.?I 0.64 1.84 9.19



### AmesResearchLabomtories, Inc. • 1891 161 "St. SE, Salem,OregonUSA973°" . . Toll-Free: 888·345-0809 o Phone: 503-588-3330 o Fax: 503-364·2380 •lllllesstaff@arne Resp. Reply to Order Setting Deadlines 

## Exhibit;;i, pg. 3