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 

Docket No. 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) of the Rules of Practice (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") in the abovecaptioned matter as follows: 

I. 

1. Comair admits that it was advised through a Final Notice of Proposed 

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 admits that on May 21, 2014 it filed a 

written request for a hearing and served a copy of the request for a hearing on the Agency 

Attorney in this matter. 

II. 

2. Comair admits that it was the holder of Air Carrier Certificate No. 

COMA005B until December 27,2012, but denies that it is currently the holder of the 

Certificate. 
3. Comair admits the allegations of paragraph 3 of section II of the 

Coin plaint. 

4. a.-b. Comair admits the allegations of paragraphs 4 a.-b. of section II of the 

Complaint. 

5. a.-b. Comair admits the allegations of paragraphs 5 a.-b. 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 not be subject to any finding of violations or the 

imposition of any civil penalties in this case due to the filing of Aviation Safety Action 

Program (ASAP) reports regarding this event. 

6. Comarr adlritts the allegatiOns of paragraph 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 not be subject to any finding of violations or the 

imposition of any civil penalties in this case due to the filing of Aviation Safety Action 

Program (ASAP) reports regarding this event. 

7. Comair admits the allegations of paragraph 7 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 not be subject to any finding of violations or the 

imposition of any civil penalties in this case due to the filing of Aviation Safety Action 

Program (ASAP) reports regarding this event. 

8. Comair admits the allegations of paragraph 8 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 not be subject to any finding of violations or the 
imposition of any civil penalties in this case due to the filing of A viatiori Safety Action 

Program (ASAP) reports regarding this event. 

III. 

9 a.-d. Comair admits that it violated the provisions of the Federal Aviation 

Administration Regulations cited in paragraphs 9 a.-d. of the 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 of violations or the imposition of 

any civil penalties in this case due to the filing of Aviation Safety Action Program 

(ASAP) reports regarding this event. 

eomair admits tnartll:e statute cited in paragraplf1-oof section ll1of e 

Complaint authorizes the assessment of civil penalties, but Comair denies that it is 

subject to any civil penalties. 

11. Comair denies the allegations of paragraph 11 of section III of the 

Complaint. 

AFFIRMATIVE DEFENSES 

The FAA is estopped from bring this enforcement action against Com air because 

the event in question was the subject of properly 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 matter be held 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.com 
CERTIFICATE OF SERVICE 

I hereby certify that on this 11th day of August 2014, 1 caused 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 copy by F edEx overnight delivery) 

The Hon. J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, 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 copy by facsimile and First Class Mail) 

Christopher R. Stevenson, Attorney 

Office of the 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 copy by facsimile and First Class Mail)