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01/13/2015 14:19 LAW OFFICES 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

IN THE M"..TTER OF: 

FEDERAL AVIATION ADMINISTRATION, 

PAGE 03/08 

Complainant, F.""-<\ CASE NOS.: 20!4WP130012 

and 014WP130023 

v. 

PACIFIC INTERNATIONAL SKYDIVING . 

CENTER, 

Respondent. 

!-ANS"WER 

COMES NOW, Respondent, Pacific Intematiork'll Skydiving Center, and pursrumt to 

14 C.F.R. §13.35, et. seq., files this, its Answer to the Complaint filed by the Administrator in 

the above-styled matters and states as follows: 

1. Respondent admits the allegations contained in Se<.otion I of the Complaint. 

2. Respondent is without knowledg~ of the matters alleged in Paragraph 1 of 

Section II of the Administrator's Complaint and tilerefore denies the same, and 

tile same are hereby denied, and demands strict proof of each and every 

allegation contained therein. 

3. Respondent is without knowledge of the matters alleged in Paragraph 2 of 

Section II of tile Administrator's Complaint, and tilerefore denies tile same, and 

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01/13/2015 14:19 3055984842 LAI1J OFFICES 

the same are hereby denied, and demands strict proof of each and every 

allegation contained therein, 

PAGE 04/08 

4, Respondent is without knowledge of the matters alleged in Paragraph 3 of 

Section II of the Adrninistrator' s Complaint and therefore denies the same, and 

the sa.J:lle are hereby denied, and demands strict proof of each and every 

allegation contained therein. 

5. Respondent is without knowledge ofthe matters alleged in Paragraph 4 of 

Section ll of the Admioistrator's Complaint and therefore denies the same, aod 

the same are hereby denied, and demands strict proof of each and every 

allegation contained therein. 

6. Respondent denies the allegations of Paragraph 5 of Section II of the 

Administrator's Complaint, and the same are hereby denied, and demands strict 

proof of each and every allegation contained therein. 

7. Respondent denies the allegations ofParagraph 6 of Section II oftl1e 

Administrator's Complaint, and the same are hereby denied, and demands strict 

proof of each and every allegation contained therein. 

8. Respondent denies the allegations of Section ill that it violated 14 C.F.R 

§ 105.17 and the same are hereby denied, and demands strict proof of said 

allegation. 

9. Respondent denies the allegations of Section III that it violated 14 C.F .R. 

§9l.13(a) and the same are hereby denied, and demands strict proof of said 

allegation. 

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01/13/2015 14:19 3055984842 LAW OFFICES 

10. Respondent denies all other allegations contalned in the first sentence of 

Section III ofthe Complaint, and the same are hereby denied, and demands 

strict proof of said allegations. 

11. Respondent deroes the allegations contained in Section III, Sub-paragraph a, 

and the same are hereby denied, and demands strict proof of each and every 

allegation contained therein. 

PAGE 05/08 

12. Respondent deroes the allegations contained in Section III, Subparagraph b, and 

the same axe hereby denied, and demands strict proof of each and every 

allegation contained therein. 

13. Respondent denies the allegations contained in Section I, Subparagraph 1, and 

the same are hereby denied, and demands strict proof of each and every 

allegation contained the~ein. 

14. Respondent denies the allegations contained in Section I, Subparagraph 2, and 

the same are hereby denied, and demands strict proof of each and every 

allegation contained therein. 

15. Respondent denies each and every other allegation contained in the Complaint 

of Proposed Civil Penalty, and the same are here by denied, and demands stcict 

proof of each and every allegation contained therein. 

II -AFFIRMATIVE DEF;t:NSES 

As and for its Affirmative Defenses to the Admio.istrator's Complaint, which am 

applicable to each of the combined cases are, and Respondent would show, as follows: 

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01/13/2015 14:19 3055984842 LAI'-1 OFFICES PAGE 05/08 

1. The sanction imposed by the Administrator is excessive. 

2. There is no supporting basis for the Complaint in fact. 

3. There is no supporting basis for the Complaint in law. 

4. There is no supporting basis in fuct to support a finding a violation of 14 C.P.R. 

§105.17. 

5. There is no supporting basis at law to supp01t a finding a violation of 14 C.F .R. 

§105.17. 

6. There is no supporting basis in fact to support a fmding a violation of 14 C.F.R. 

§91.!3(a). 

7. There is no supporting basis at law. to support a fmding a violation of 14 C.F.R. 

§9l.l3(a). 

8. Any and all of the flights alleged in the Complaint to have beeu made, if any there 

were, were. conducted wholly by independent contractors. 

9. Any and all of the parachute jumps alleged in the Complaint to have been made, 

· if any there were, were conducted wholly by independent contractors. · 

10. Respondent did not conduct any of the parachute jumps alleged in the Complaint 

to have been made, if any there were. 

11. Any and all of the parachute jumps alleged in the Complaint to have been made, 

if any there were, were made in compliance with all applicable Federal Aviation 

Regulations. 

12. Because of the nature of the weather conditions, an act of God, Respondent was 

1lllable to reasonably predict that any F ed"ral Aviation Regulations would be 

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01/13/2015 14:19 3055984842 LAW OFFICES PAGE 07/08 

violated, as alleged in the Complaint, if any, in fact, were. 

13. Any violation of the Federal Aviation Regulations alleged in the Administrator's 

Complaint were excused because of unavoidable circmnstances. 

14. iWy violation of the Federal Aviation Regulations alleged in the Administrator's 

Complaint were excused because the actions of those conducting the parachute 

jumps, which are alleged to have been in violation of Federal Aviation 

Regulations, if any there were, were inadvertent. 

15. Because of the nature of parachute jumping activities at and above the location 

stated in the Complaint, Respondent could not possibly exercise any control over · 

the parachute jumping activities conducted, as alleged in the Complai:nt. 

16. Respondent's actions, at all times material t9 this matter, were not careless or 

reckless. 

17. Respondent's actions at all times material to this matter with respect to any and 

all of the parachute jumps alleged in the Complaint to have l:Jeen made, if any 

there were, were in compliance with all applicable Federal Aviation Regulations. 

18. Respondent, at all times material to this matter, used its best efforts to control and 

ensure compliance by its independent contractors with all applicable Federal 

Aviation Regulations. 

19. The Administrator's position in this cause and the bringing of this action against 

the Respondent is not substantially justified. 

"WHEREFORE, it is prayed that the Cmut find that the imposition of any civil penalty 

against the Respondent is not appiopriate, and that the action be dismissed with p~ejudice, that 

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01/13/2015 14:19 3055984842 LA\0 OFFICES PAGE 08/08 

Respondent's costs and expenses incurred in the defense of this action be awarded to it under the 

Equal Access to Justice Act, and for such other and further relief as may be deemed appropriate. 

Respectfully submitted, 

R6iJertL:Fcld1lan, 

~/e~-- Esqu.ire 

Attorney for Pacific International Skydiving Center 

8900 SW 107 Avenue, Suite 203 

Miami, FL 33176 

Telephone: 305-598-4841 

Fax: 305-598-4842 

CERTIFICATE OF SERVlCE 

I REREBY CERTIFY that a true and correct copy of the foregoing was sent this 13'h day 

ofJanu.ary2015 to: DonBobertz, Esq., by fax (to 31 0-725-6816) and by Certified Mail to Office 

ofRegional C01msel,A WP-7, FederalAviationAdn:u.nistration, Western" Pacific Region, PO Box 

92007, Los Angeles, CA 90009-2007, and that the original and one copy have been funrished by 

Certified Mail, Return Receipt Requested, to Federal Aviation Administration, 800 Independence 

Avenue, SW., Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430, Wilbur 

Wright Building-Suite 2Wl000 and by fax (to 202-267-1293). 

-6-
01/13/2015 14:19 

DATE 

TO 

ATTN 

FAX NUMBER 

FROM 

REFERENCE 

3055984842 LAW OFFICES 

FACSIMILE TRANSMITTAL 

1/13/2015 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

202-267-1293 

ROBERT L FELDMAN 

ATTORNEY AT LAW 

8900 SW 107'h AVENUE 

SUITE 206 

MIAMI, FLORIDA 33176 

TELEPHONE 

FACSIMILE 

(305) 598-4841 

(305) 598-4842 

Re: Cases No.: 2014WP130012 and 2014WP130023 

TOTAL NUMBER OF PAGES, INCLUDING COVER SHEET 8 

IF YOU DO NOT RECEIVE ALL PAGES, 

PLEASE NOTIFY SENDER, AT (305) 598-4841 

PAGE 01/08 

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