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UNITED STATES DE:PARTMENT OF TRANSPORTATION 

FEDERAL A VlATION ADMINISTRATION 

'WASHINGTON, DC 

1;1] 006 

P-'GE 04/08 

IN THE MATTER OF: CASE NOS.: 2014W?130012 

& 20147!1'130023 

FEDERAL A VIA.TION ADMJNl:STRl>TlOl\f, 

Complainant, 

V. 

PACIFTC INTERNATIONAL SKYDIVING 

CENTER, 

Respondent. 

COMES NOW, Requestor/Respondent, and pursuant to 14 C.F.R. § 13.35, et. seq., 

files this, its i\:n.swe.r to the Complaint to be filed by 1he Administrator in the above-styled 

maners and states as follows: 

1. Respondent is without knowledge of the matters alleged in Paragraph l of the 

Administrator's Final Notice and therefore denies the same, and the same are 

hereby denied, and demtmds strict proof of =hand evezy allegation contained 

theJ:ein. 

2. Re:;;ponden.t is lNithout knowledge of the matters alleged :in Paragraph 2 offue 

Adm.inistrator's Final Notice, and therefore denies the sa:rne, and the same are 

hereby den\ed, and demands strict proof of each and every allegation cont.ai11ed 

therein. 
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3, Respondent is without knowledge of tbe matters alleged in. Paragraph 3 of the 

AdministratD\"'s Final Notice and therefore denies ilie same, and the game ate 

hereby denied, ao,d demauds striot proof of each and ev~ry allegation contained 

therein. 

4, Respondent is without knowleclge o{the matters alleged in Ps.ragraph 4 of the 

Administrator's Final Notice and therefore denies ilie same, and the same are 

hereby denied, and demands strict proof of each m:~d every allegation contained 

ilierein_ 

5. Respondent denies the allegations of Paragraph 5 ofilie Administramr' s Final 

Notice, ond the sru:ue at:e hexeby denied, and dem>lllds strict proof of each and 

every allegation contained therein. 

6_ Respondent denies the allegations of Parag>:aph 6 of the Administrator's Pinal 

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

every allegation contained therein. 

7. Respondent denies the allegations tbm it violated 14 C.F.R. §105.17 and the 

same are hereby denied, and demands strict proof of said allegation. 

8. Respondent deu\es the allegations that it violated 14 C.F"R §9U3(~t) a11,d the 

Sll!ne are b,ereby denied, sud deruands strict proof of said allegation. 

9. Respondent denies each and every oilier allegation contained in the Final 

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

dcmao.ds strict proof of each and evc:zy allegation contained therein_ 
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AFflRMATIVE DEFENSES 

As and for its Affu:mative Defeuses to the Administrator's Final Notice of Proposed 

Civil Penalty, Requestor/Respondent would show as follows: 

1. The s~notions imposed by the Administrator in this case are excessive. 

2. The~e is no supporting basis for the Hnal Notice ofProposed Civil Pwalty in fact. 

3. There is no supporting basisforthe Final Notice ofProposed CivilPe:nalty in bw. 

4. There is no supporting bas~s in fact to support a finding a violation of 14 C.F.R 

§105.17. 

5. There is no supporting basis atlaw to support a firu'Ung a viola.tion of 14 C.F.R. 

§105.17. 

6. There is no supporting basis in fact to support a finding a violation of 1 4 C.F .R 

§91.13(a). 

7. There is no supporting basis at J.awto support a finding a violation of 14 C.P.R. 

§91.13(a). 

8. Any and all offu.e flights alleged in the Final Notice of Proposed Civil Penalty to 

have been J:Uade, if any there were, v.>ere conducted wholly by independent 

contractors. 

9. Any aud all of the parachute jUlJlps alleged in the Final Notice of Proposed Civil 

Penalty to have been made, if any there were, were conducted wholly by 

independent contractors. 

10. Recp:testor/Respondent did not COJ:!duct any of the parachute jumps aJJ.eged in the 

Final Notice ofProposed Civil Penalty to have been made, if any 'ther" were. 

11, Any and all oftlle p~achutejurops alleged in. the Fiua1 Notice ofProPQsed Civil 
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Penalty to have been made, if any there were, were made in compliance with aJJ 

applicable Federal Aviation RegulatioiJ.S, 

12. Because of the nature of the weather conditions, au ac-: of God, 

Requestor/Respondent was uuable to reasonably:predict that any F~d.cral Aviation 

Regulations would be violated, as alleged in the Final Notice of Proposed Civil 

Penalty, if any, i.u fact, were. 

13. . Becau~e of the nature of parachute jtuuping activities a.t. aud a.bove ·tJ1e location 

sta.t.:d in t.he Final Notice ofProposed Civil Penalty, Requestor/Reo'pondent could 

not possibly exercise auy contro.l over the parach1;1te jumping actiVities, as alleg<Od 

in the Final Notice ofPropos~<i. Civill?enalty. 

14. Requestor/Respondent's actiom, at all times material to this matter, were not 

careless or reckless. 

15. Requestor/Respondent's actions at all time:J material to this matter with tespect 

to any and all ofthe parachute jumps alleged in. the Final N oti,ce ofpro~;osed Civil 

Penalty to have been made, if any th= were, were in compliance with all 

applicable Federal Aviation Regulations. 

16. Requestor!Ro~pondeJJ.t, at all times material to this matter, used its best efforts to 

control and ensure compliance by its independent contractors with all applicable 

Federal A-v-iation Regulations. 

17. The Administre.tox' s position in tbis cause aud the bringing of this action against 

the Rc:questar!Respondent is not substantially justified. 

'iVHEREFORE, i't is prayed that the Co1rrt find !hat the imposition of any civil penalty 

•tgalnst the Requestor/Respondent is not appropriate, and that the action be dismiBBed with 
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prejndice, that Requestor/Respondent's costs and expenses incurred iu the defense aHbis action 

be awa~·ded to it under the Equsl Access to Justice Act, and for such other and further relief as 

may be deemed appropriate. 

Respectfully submitted, 

· 2'~1<rc- ~ '- ~obe;t L. Feldman, Esquire 

Attorney for Pacific Int=tional Skydiving Center 

8900 SW 107 Avenue, Suite 203 

Miami, FL 33176 

Telephone; 305-598-4841 

Fmc 305~598-4842 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and co:cteet copY of the foregoing was sent this 29"' day 

of December 2014 to: Don Bobertz, Esq., by fax (to 310·-725-6316) and lry Certified Mail to 

Of:IJ.ce ofRegional Counsel, A.WP-7, FederalAviationAdnrinistratio;:,, Western-Pacific Region, 

PO Box 92007, Los Angeles, CA 90009-2007, and that the original has beenfuroished by Federal 

Express, to Federal Aviation Administration, 600 Independence Avenue, SW, Wilbur Wright 

Bnilding-Room2Wl000, Washingto:n,DC2059l,Atteution:HearlngDocketCI!!rk,AGC-430. 
01107/2015 07:41 FAX 3107256816 AWP-7 

Hearing Do-;;ke\ Cieri<:, AGC-430 -

202-267-1293; 

- To: Robert L. Feldrpan, Esg.- 305-598-4842 

~ea . ny: 

Phone --- -

From: Don Bobertz -· c-I.!tle: Attorney 

1/712015 

Pages wlcover: 15 

---···------·---------

141 001 

Federal Aviation 

Administration 

Office of the Regional Counsel, AWP-7 

PO Box92007 

Los Angeles, CA 90009·2007 

Telephone: (31 0) 725-7100 

Facsimile: (31 0) 725-6816 

Email: 

Facsimile 

Description of item being transmitted: 

Complain~ Request for Hearing al1d 

Answer 

Pacific lnt'l Skydiving Center 

Case Nos. 2014WP130012 and 

2014WP130023 

D Per your Request D For Review 0 Please comment 0 For Coordination D Hard Copy to Follow via US Mail 

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