^u1 Of jANSfprj^^DEPARTMENT OF TRANSPORTATIo|^ t ^ 

" ' FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

IN THE MATTER OF: 

GOJET AIRLINES LLC 

(VD Gear Pins) 

1 ^ 1 W %m>i^^-

FAA Docket No. CP10CE0003 

DMS No. FAA-2010-0025 

Judge: ALJ Richard C. Goodwin 

ANSWER 

COMES NOW Respondent GoJet Airlines, LLC (hereafter "Respondent"), 

by and through counsel, and hereby files this ANSWER to the Complaint of the 

Administrator dated February 16, 2010 and received on February 18, 2010, in 

connection with FAA Case No. 2008CE030045. For its Answer, Respondent 

states as follows: 

I. 

1. Admit 

1. Admit 

2. Admit 

3. (a) Denied 

(b) Denied 

4. Denied 

5. Denied 
6. Denied 

7. Denied 

8. Denied 

9. Denied 

10. Denied 

11. Denied 

12. Denied 

13. Denied 

III. 

1. (a) Denied 

(b) Denied 

(c) Denied 

2. Denied 

3. Denied 

AFFIRMATIVE DEFENSES 

1. The allegations and FAA regulations cited by the Administrator in this 

cause are unconstitutionally vague and therefore deny the Respondent due 

process of law as guaranteed by the Constitution of the United States. 

2. The Administrator's failure to timely respond to repeated inquires from 

Respondent about how to handle the subject matter of these allegations deprived 

the Respondent due process of law as guaranteed by the Constitution of the 

United States. 
3. The Administrator's proposed sanction is too severe and outside the 

guidelines of the agencies applicable published and publically available 

guidance. 

4. The Administrator's failure to provide clear guidance to its inspectors and 

regional counsels about how to handle matters that originate out of an Aviation 

Safety Action Program ("ASAP") and/or out of the Air Carrier Voluntary 

Disclosure Reporting Program ("VDRP") deprived the Respondent of due 

process of law as guaranteed by the Constitution of the United States, in that: 

a. Respondent was not made aware of the applicable requirements. 

b. Respondent was made aware of some of the applicable regulatory 

requirements, but the Administrator then failed to follow its own 

published and publically available guidance. 

c. The Administrator's allegations directly contradict the published and 

publically available guidance from the FAA to regulated community 

as contained in AC 58B Voluntary Disclosure Reporting Program. 

d. The Administrator's allegations directly contradict the published and 

publically available guidance from the FAA to regulated community 

as contained in AC120-66B Aviation Safety Action Program. 

e. The Administrator has acted in an arbitrary and capricious manner, 

in violation of the provisions of the Administrative Procedures Act [5 

U.S.C. §706(2)(A)]. 
f. Respondents have been treated materially differently than other 

similarly situated air carriers in other FAA Regions of the country. 

WHEREFORE, Respondent GoJet Airlines LLC, by and through its 

undersigned counsel, respectfully requests that the Administrator's Complaint be 

dismissed. 

Date: March ,2010 

David J. A. Hayes Ml, Esq. 

Vice President & General Counsel 

Trans States Holdings, Inc. 

11495 Navaid Road 

Bridgeton, MO 63044 

(314)222-4316 

(314)222-4311 (F) 

Dhayes@transstates.net 

ATTORNEY FOR RESPONDENT 

GOJET AIRLINES LLC