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m : r ;:'2 The Honorable Richard C. Goodwin 

U.S. Administrative Law Judge 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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In the Matter of: 

Evergreen International Airlines, Inc. 

FAACaseNo. 201]NM190013 

FDMS NO. FAA-2012-0022 

RESPONDENT'S ANSWER TO 

AMENDED COMPLAINT AND 

AFFIRMATFVE DEFENSES 

Respondent Evergreen International Airlines Inc. ("EIA"), by and through its attorney of 

record and pursuant to Rule 209 of the Rules of Practice (14 C.F.R. § 13.2Q9\ repeats the 

allegations below and hereby admits, denies and alleges as follows in Answer to the Federal 

Aviation Administration's ("FAA") Amended Complaint: 

ANSWER 

I. 

On January 11, 2012, Evergreen International Airlines, Inc. (EIA) was advised through a 

Final Notice of Proposed Civil Penalty and on February 6, 2012 through an Amended Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

ANSWER TO COMPLAINT 

FAA V. Evergreen International Airlines Inc. 

Page 1 of9 

DAMMELLAW PLLC 

1200 Fifth Avenue, Suite 1920 

Seattle, WA 98101 

(206)624-9914 
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of $50,000. On January 26, 2012, EIA, through its legal counsel, submitted a written request for 

a hearing. 

ANSWER: EIA admits. 

II. 

1. EIA is now and at all times mentioned herein was, the holder of Supplemental Air Carrier 

Operating Certificate No. EIAA103A and conducted operations under Part 121 of the 

Federal Aviation Regulations. 

ANSWER: EIA admits. 

2. Section D72 of EIA operations specifications requires compliance with ElA's Continuous 

Airworthiness Maintenance Program (CAMP), which includes applicable provisions of 

the EIA Maintenance General Policies and Procedures Manual (GP&P) for Boeing 747 

Series Aircraft. 

ANSWER: EIA. admits with the clarification that EIA 's CAMP authorization is contained 

in D072 of it Operations Specifications, not D72. 

3. GP&P Vol. I Chapter 1-1-1, page 1, incorporates by reference Boeing Aircraft 

Manufacturer's Manuals. 

ANSWER: EIA admits with the clarification that page 2 of its GP&P Vol I also 

incorporates by reference manufacturer manuals. 

4. Boeing Aircraft's 747 Maintenance Manual, Section 71-00-00, page 101 provides general 

trouble shooting procedures for Boeing 747 power plants and references Section 71-00-

41 for "no (or limited) Nl [fan blade] start abort". 

ANSWER: EIA admits. 

Al^SWER TO COMPLAINT DAMMEiXAW PLLC 

FAA V. Evergreen Imemadonal Airiincs Inc. 1200 FUlh Avenue. Sunc 1920 

Page 2 of 9 Seanle.WA 98101 

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5. Section 71-00-41, page 102, referenced in Paragraph 4, provides specific instructions for 

trouble shooting when the Nl fan blade does not function properly upon engine start. 

The instructions include: 

a. Hand rotation of the N1 fan blade. 

b. Check for fan tip rubbing. 

c. Check the engine in specific places for debris and/or foreign particles. 

d. Conduct borescope inspections in designated areas. 

e. Perform dry motoring engine procedure. 

ANSWER: EIA admits that Section 71-00-41, page 102, is entitled "Trouble Charts" and 

makes reference to corrective actions for No Nl-Start Abort including a-e as above 

listed EIA denies that the Charts are "instructions" but are to "expedite and simplify 

trouble shooting" as stated in at Section 71-00-41, page 101. EIA denies any remaining 

allegations of this paragraph. 

6. On or about November 27, 2010, EIA personnel performed maintenance on Boeing 747-

212B aircraft, civil registration N482EV, operated by EIA and maintained in accordance 

with its operations specification, specifically, EIA personnel performed trouble-shooting 

procedures following the failure of the Nl fan blade on the number 2 engine to function 

properly upon engme start. 

ANSWER: EIA admits that its personnel performed maintenance on the designated 

aircraft on November 27, 2010 and performed some of the tasks listed on the Trouble 

Charts at Section 71-00-41, page 102. EIA denies any remaining allegations. 

ANSWER TO COMPLAINT DAMMELLAW PLLC 

FAA V. Eveigreen InreniationaJ Airlines Inc. 1200 Fifth Avenue, Suite 1920 

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7. While performing the maintenance described in Paragraph 6, EIA personnel failed to 

follow any of the procedures referenced in Paragraph 6 except 5a. 

ANSWER: EIA denies. 

8. Following the maintenance referenced above, EIA released N482EV back into service 

while it was not airworthy. 

a. The work was performed in accordance with the requirements of the 

certificate holder's manual; 

b. All items required to be inspected were inspected by an authorized person 

who determined that the work was satisfactorily completed; 

c. No known condition exists that would make the airplane unairworthy; and 

d. So far as the work performed is concerned, the aircraft is in condition safe 

for operation when none of the above statements were correct. 

ANSWER: EIA denies paragraph 8, line 1. EIA admits that it met all of the requirements 

of paragraph 8a-8d. 

9. Following the performance of the maintenance referenced above, EIA operated N482EV 

on a revenue flight, during which N482EV experienced catastrophic failure of the 

number 2 engine, resulting in severe damage to N482EV. 

ANSWER: EIA denies. 

HI. 

1. By reason of the foregoing facts and circumstances, EIA violated the following sections 

of the Federal Aviation Regulations (14 C.F.R.): 

ANSWER TO COMPLAINT DAMMELLAW PLLC 

FAA V. Evergreen JmeniationaJ Airlines inc. 1200 Fifth Avenue, Suite 1920 

Page 4 of 9 Seattle, WA 98101 

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a. Section 119.5(gX in that it operated as a direct air carrier in violation of its 

operations specifications. 

b. Section 119.5(1) in that it operated an aircraft under Part 121 of the Federal 

Aviation Regulations in violation of its operations specifications. 

c. Section 121.153(a)(2), in that it operated an aircraft that was not in an airworthy 

condition and did not meet the applicable Airworthiness Requirements of Chapter 

1, 14C.F.R. 

d. Section 709(b)(2) is that the airworthiness release or log entry prepared following 

the maintenance performed as described above included a certification that: 

i. The work was performed in accordance with the requirements of 

the certificate holder's manual; 

ii. All items required to be inspected were inspected by an authorized 

person who determined that the work was satisfactorily completed; 

iii. No known condition exists that would make the airplane 

unairworthy; and 

iv. So far as the work performed is concerned, the aircraft is in 

condition for safe operation when none of the above statements 

were correct. 

ANSWER: EIA denies each and every allegation in paragraph III. I.a-d above or that it 

violated any Federal Aviation Regulations. 

ANSWER TO COMPLAINT DAMMELLAW PLLC 

FAA V. Evergreen Intemalioaal Airlines Inc. 1200 Fifth Avenue, Suite 1920 

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2. In accordance with Section 46301(a) and (d) of Tide 49 of the United States Code 

(Transportation) [49 U.S.C. § 46301 (a) and (d)], EIA is liable for a civil penalty not to 

exceed $1,100 for each of the violations noted. 

ANSWER: EIA denies. 

3. Under the facts and circumstances of this case, a civil penalty of $50,000 is appropriate. 

ANSWER: EIA denies. 

AFFIRMATIVE DEFENSES 

By way of ftirther answer and, without admitting any matters previously denied, EIA sets 

forth the following affirmative defenses: 

1. The FAA's Complaint fails to state a claim against EIA upon which relief may be 

granted. 

2. Even if it could state a claim, the FAA failed to consider relevant mitigating factors and 

elements in selecting an appropriate sanction. 

3. Even if it could state a claim, the FAA inappropriately considered aggravating factors in 

selecting a sanction. 

4. EIA reserves the right to amend this answer and affirmative defenses to allege additional 

defenses as may be identified in the course of discovery. 

WHEREFORE, respondent EIA seeks the following relief: 

1. That the Complaint against it be dismissed with prejudice and without costs awarded to 

the FAA; 

2. That EIA be awarded costs and fees as allowed by law; and 

ANSWER TO COMPLAINT DAMMELLAW PLLC 

FAA V. Evcracen International Airiines Inc. , 1200 Fifth Avenue, Suite 1920 

Page 6 of 9 Seattle. WA9810i 

(206)624-9914 
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3. For such other relief as the Court deems appropriate. 

Respectfully submitted this 7tii day of March 2012. 

Cathryn V. Dammel 

Attorney for Evergreen International Airlines, Inc. 

ANSWER TO COMPLAINT 

FAA V Evergreen International Airlines Inc. 

Page 7 of 9 

DAMMELLAW PLLC 

1200 Fifth Avenue. Suite 1920 

Seattle, WA 98101 

(206)624-9914 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Answer to the Amended Complaint has been served 

via facsimile and U.S. Mail this date to the following: 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Atm: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Fax:(202)493-5142 

TTie Honorable Richard C. Goodwin 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

Telephone: (202) 366-2139 Attorney-Advisor 

(202) 366-5121 Legal Assistant 

Fax: (202) 366-7536 

David F. Shayne 

FAA Office of Regional Counsel 

1601 LindAve. SW 

Renton, WA 98057 

Telephone: (425) 227-2165 

Fax:(425)227-1007 

(Original and One Copy) 

Dated this 6 tii day of March 2012. 

Cathryn V. Dammel 

DammelLaw PLLC 

1200 Fifth Avenue, Suite 1920 

Seattie,WA 98101 

Telephone: (206) 624-9914 

Fax:(206)682-1499 

ANSWER TO COMPLAINT 

FAA V. Ever;green International Airlines Inc. 

Page 8 ofS 

DAMMELLAW PLLC 

1200 Fifth Avenue, Suite 1920 

Seattle, WA 98101 

(206)624-9914