# RECEIVED

BEFORE THE 

## AUG 1 2 2014 

## u.s. DEPARTMENT OF TRANSPORTATION 

## HEARING DOCKET OFFICE OF HEARINGS

In the matter of COMAIR, INC. Respondent WASHINGTON, D.C.

ANSWER DocketNo. FAA-2014-0319 FAA Case No. 201180271013 Administrative Law Judge J.E. Sullivan

Pursuant to Judge Sullivan's Order Denying Respondent's and FAA's Motions, served July 30, 2014, and Rules 209 and 218(f)(2)(ii) ofthe Rules ofPractice (14 C.F.R. §§ 13.209 and 13.218(f)(2)(ii)), Respondent Comair, Inc. ("Comair") hereby answers the Complaint filed against it by the Federal Aviation Administration ("FAA") inthe abovecaptioned matter as follows: I. 1. Comair admits that it was advised through a Final Notice ofProposed Civil Penalty, dated May 7, 2014, that the FAA proposed to assess a civil penalty against it in the amount of$317,500. Comair further admitsthat on May 21, 2014 it filed a written request for a hearing and served a copy ofthe request for a hearing on the Agency Attorney in this matter. II. 2. Comair admits that it was the holder ofAir Carrier Certificate No. COMA005B until December 27,2012, but denies that it is currentlythe holder ofthe Certificate.3. Comair admits the allegations ofparagraph 3 ofsection II ofthe Coinplaint. 4. a.-b. Comair admits the allegations ofparagraphs 4 a.-b. ofsection II ofthe Complaint. 5. a.-b. Comair admits the allegations ofparagraphs 5 a.-b. ofsection II ofthe Complaint. Comair, however, denies that the Complaint filed against it in this matter is warranted and maintains that it should notbe subject to any finding ofviolations or the imposition ofany civil penalties in this case due to the filing ofAviation Safety Action Program (ASAP) reports regarding this event. 6. Comarr adlritts the allegatiOns ofparagraph 6 of sectiOn II of the Complaint. Comair, however, denies that the Complaint filed against it in this matter is warranted and maintains that it should notbe subject to any finding ofviolations or the imposition ofany civil penalties in this case due to the filing ofAviation Safety Action Program (ASAP) reports regarding this event. 7. Comair admits the allegations ofparagraph 7 ofsection II ofthe Complaint. Comair, however, denies that the Complaint filed against it inthis matter is warranted and maintains that it should not be subject to any finding ofviolations or the imposition ofany civil penalties in this case due to the filing ofAviation Safety Action Program (ASAP) reports regarding this event. 8. Comair admits the allegations ofparagraph 8 ofsection II ofthe Complaint. Comair, however, denies that the Complaint filed against it in this matter is warranted and maintains that it should not be subject to any finding ofviolations or theimposition ofany civil penalties in this case due to the filing ofAviatiori Safety Action Program (ASAP) reports regarding this event. III. 9 a.-d. Comair admits that it violated the provisions ofthe Federal Aviation Administration Regulations cited inparagraphs 9 a.-d. ofthe Complaint. Comair, however, denies that the Complaint filed against it in this matter is warranted and maintains that it should not be subject to any finding ofviolations or the imposition of any civil penalties in this case due to the filing ofAviation Safety Action Program (ASAP) reports regardingthis event. eomair admits tnartll:e statute cited inparagraplf1-oofsection ll1of e Complaint authorizes the assessment ofcivil penalties, but Comair denies that it is subject to any civil penalties. 11. Comair denies the allegations ofparagraph 11 ofsection III ofthe Complaint. AFFIRMATIVE DEFENSES The FAA is estopped from bring this enforcement action against Comair because the event in question was the subject ofproperly submitted Aviation Safety Action Program (ASAP) reports. RELIEF REQUESTED Comair respectfully requests that the Complaint be dismissed with prejudice. PLACE OF HEARING Comair respectfully requests that the hearing in this matterbeheld in Atlanta, Georgia.Dated: August 11, 2014 Respectfully submitted, SILVERBERG, GOLDMAN & BIKOFF, L.L.P. Attorneys for COMAIR, INC.

By:**-D~'?!d.~:..A~~~~** Robert P. Silverberg, Esq. 1101 30'h Street, N.W. Suite 120 Washington, D.C. 20007 Tel: (202) 944-3304 Fax: (202) 944-3306 Email: rsilverberg@sgbdc.comCERTIFICATE OF SERVICE I hereby certify that on this 11th day ofAugust 2014, 1caused the foregoing Answer of Comair, Inc. to be served upon the following: Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building Suite 2W1000 Washington, D.C. 20591 (Attention: Hearing Docket Clerk, AGC-430) Tel: (202) 385-8227 (original and one copybyFedEx overnight delivery) The Hon. J.E. Sullivan Administrative Law Judge Office ofHearings, M-20 -------------H'-'. <-.-Fl·epartmenl ofTmrrsportatt,---------------------- 1200 New Jersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Tel: (202) 366-2132 Fax: (202) 366-7536 (one copybyfacsimile and First Class Mail) Christopher R. Stevenson, Attorney Office ofthe Regional Counsel, ASO-7 Southern Region Federal Aviation Administration 1701 Columbia Avenue College Park, GA 30337 Tel: ( 404) 305-5200 Fax: ( 404) 305-5223 (one copyby facsimile and First Class Mail)