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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 ofthe Complaint. 2. Respondent is without**knowledg~** ofthe matters alleged 

### in Paragraph 1 of Section II ofthe Administrator's Complaint and tilerefore denies the same, and tile same are hereby denied, and demands strict proofofeach and every allegation contained therein. 3. Respondent is without knowledge ofthe matters alleged 

### in Paragraph 2 of Section II oftile Administrator's Complaint, and tilerefore denies tile same, and 

### -1-01/13/2015 14:19 3055984842 LAI1J OFFICES



### the same are hereby denied, and demands strict proofof each and every allegation contained therein, PAGE 04/08



### 4, Respondent is without knowledge ofthe matters alleged in Paragraph 3 of Section II ofthe Adrninistrator' s Complaint and therefore denies the same, and the sa.J:lle are hereby denied, and demands strict proofofeach and every allegation contained therein. 5. Respondent is without knowledge ofthe matters alleged in Paragraph 4 of Section ll ofthe Admioistrator's Complaint and therefore denies the same, aod the same are hereby denied, and demands strict 

### proof ofeach and every allegation contained therein. 6. Respondent denies the allegations ofParagraph 5 ofSection II ofthe Administrator's Complaint, and the same are hereby denied, and demands strict proofofeach and every allegation contained therein. 7. Respondent denies the allegations ofParagraph 6 ofSection II oftl1e Administrator's Complaint, and the same are hereby denied, and demands strict proofofeach 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 proofof said allegation. 9. Respondent denies the allegations ofSection III that it violated 14 C.F.R. §9l.13(a) and the same are hereby denied, and demands strict proofofsaid allegation. -2-01/13/2015 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 proofofsaid allegations. 11. Respondent deroes the allegations contained in Section III, Sub-paragraph a, and the same are hereby denied, and demands strict proofofeach 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 proofofeach 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 proofofeach 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 proofofeach and every allegation contained therein. 15. Respondent denies each and every other allegation contained in the Complaint ofProposed Civil Penalty, and the same are here by denied, and demands stcict proofofeach 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 ofthe combined cases are, and Respondent would show, as follows: -3-01/13/2015 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 ofthe flights alleged in the Complaint to have beeu made, ifanythere were, were. conducted wholly by 

### independent contractors. 9. Any 

### and all ofthe parachutejumps alleged in the Complaint to have been made,

· ifany there were, were conducted wholly by independent contractors. · 10. Respondent did not conduct any ofthe parachutejumps alleged in the Complaint to have been made, if any there were. 11. Any 

### and all ofthe parachutejumps alleged inthe Complaint to have been made, ifany there were, were made in compliance with all applicable Federal Aviation Regulations. 12. Because ofthe nature ofthe weather conditions, an act of God, Respondent was 1lllable to reasonably predict that any Fed"ral Aviation Regulations would be 

### -4-01/13/2015 14:19 3055984842 LAW OFFICES PAGE 07/08



### violated, as alleged in the Complaint, ifany, in fact, were. 13. Any 

### violation ofthe Federal Aviation Regulations alleged in the Administrator's Complaint were excused because ofunavoidable circmnstances. 14. 

### iWy violation ofthe Federal Aviation Regulations alleged in 

### the Administrator's Complaint were excused because the actions ofthose conducting the parachute jumps, which are alleged to have been in violation of Federal Aviation Regulations, if

### any there were, were inadvertent. 15. Because ofthe nature ofparachutejumping activities at and above the 

### location stated in the Complaint, Respondent could not possibly exercise any control over · the parachutejumping 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 ofthe 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, usedits 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 ofthis action against the Respondent is not substantiallyjustified. "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 -5-01/13/2015 14:19 3055984842 LA\0 OFFICES PAGE 08/08
Respondent's costs and expenses incurred in the defense ofthis action be awarded to it under the Equal Access to Justice Act, and for such other and further reliefas may be deemed appropriate. Respectfully submitted,

# ~/e~-- R6iJertL:Fcld1lan, 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 ofthe 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,AWP-7, FederalAviationAdn:u.nistration, Western"PacificRegion, PO

### Box 92007, Los Angeles, CA 90009-2007, and that the original and one copy have been funrished by CertifiedMail, ReturnReceiptRequested, to FederalAviationAdministration, 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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