08/27/2011 10:57 FAX 

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r~'£ 

828 STRATfORD COU~T 

DEL MAlt. CA 92014-2727 

~ A.TI\iRNLY 

June 24, 2011 

Federal Aviation Administration 

Attn: Hearing Docket Clerk 

800 Independence Ave. SW, Room 924A 

Washington, DC 20591 

!)lRl.cr 858.792.1789 

r AX 858.192.1799 MO""" 858.401.9882 

FJ) IY1 S .:ft 

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Re: In the Matter of KS. AViation, Inc. d/b/a Sierra Academy of Aeronautics 

Case No. 2011WP170009 

Judge; Not Assigned 

VIA FEDEX 

Dear Hearing Docket Clerk: 

Enclosed herewith tor filing in the above-referenced matter, please find the following: 

I. Answer of Respondent KS. Aviation, Inc., d/b/a Sierra Academy of Aeronautics; and 

2. Certificate of Service. 

This office represents Respondent in this matter, and as such, 1 ask that all correspondence to 

Respondcnt be directed to me, as follows: 

Robert J Hajek 

828 Stratford Court 

Del Mar, CA 92014 

Further, if possible, Respondent rcquests that any hearing in this matter be conducted in Orange 

County, CA. 

By copy ofthis letter, service is made upon the attorney for the US Department of Transportation, 

Lierre M. Green by fax and US MaiL 

OfJia:s ill Del MIlr, RUTiI:hb Satdrl Fe, 1,0. Tolla, and lJi)'lll/oWIJ Sttn Diego 
08/27/2011 10:57 FAX 

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Ene. 

ru y y urs, 

raJ 003/007 

Ce: Mr. Lierre M. Green, Esq_ (Attorney for US Department of Transaportation, by Fax and lJS 

Mail) 

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08/27/2011 10:57 FAX --------------,-

... " . 

US DEPARTMENT Of TAANSP,O.RTATION 

OFfICE OF HEARINGS 

WASHINGTON, DC 

In theMatter ofK.S. Aviation, Inc. 

d/b/a Sierra Academy of Aeronautics, 

Respondent. 

JUDGE NOT ASSIGNED 

FAA DOCKET UNASSIGNED 

fAA CASE NO. 2011WP170009 

ANSWER OF RESPONDENT K S. AVIATION. [NC. D/B/A SIERRA ACADEMY OF 

AERONAUTICS 

Respondent K.S. Aviation, Inc., d/b/a Sierra Academy of Aeronautic:s, 

pursuant to 14 C,F.R.13.209, hereby files its Answer and states as follows: 

I. 

Respondent admits the allegations of paragraph r of the Complaint. 

II. 

1, Respondent admits the allegations of paragraph lI(l) of the 

Complaint. 

2. Respondent admits the allegations of paragraph II(2) of the 

Complaint. 

3. As to paragraph JI(3) of the Complaint, Respondent admits that it 

operated N4932P without an effective US registration certificate. However, 

Respondent affirmatively states that such failure was not due to any intentional act 

on the part of Respondent, but due to inadvertence and a good faith belief that the 

aircraft had an effective US registration certificate. 

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Ill. 

As to paragraph III of the Complaint, Respondent admits that it inadvertently 

violated the referenced section. However, Respondent affirmatively states that such 

failure was not due to any intentional act on the part of Respondent, but due to 

inadvertence and a good faith belief that the aircraft had an effective US registration 

certificate. 

IV. 

1. Respondent admits that the statute referenced in paragraph (IV}(l) of. 

the Complaint provides for a civil penalty not to exceed $25,000 for each of the 

violations alleged. 

2. Respondent denies that a civil penalty of$30,000 is appropriate for 

the violations alleged, given that the violations referenced were inadvertent and 

unintentional, and that the deterrent purpose of the statute is not served by 

imposing such a severe penalty for an inadvertent act. As such, the penalty imposed 

was an abuse of discretion. Furthermore, the statement in the Complaint that, 

"under the facts and circumstances of this case, a civil penalty of$30,000 is 

appropriate," should not be given any deference because the proposed sanction is 

made without reference to the FAA's sanction guideline table, 'and there is no 

discussion of its applicability and relevance to this case. In sum, the penalty 

imposed is far too severe under the circumstances. 

WHEREfORE, Respondent requests that the Administrative Law Judge enter 

an order reducing the proposed fine from $30,000 to $500 in accordance with prior 

NTSB decisions. 

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", 

Respectfully submitted, 

Robert j, j , Esq, 

Attorney for espondent 

828 Stratford Court 

Del Mar, CA 92014 

Fax: (800) 405-4530 

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CERTIFICATE OF SERVICE 

I hereby certifY that on June 24, 2011, I sent via Fed Ex, one copy and one original of 

the Answer, addressed as follows: 

Federal Aviation Administration 

800 Independence Ave, SW 

Room 924A 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

I further certify that on June 24, 2011, I faxed a copy of the Answer to the fllx 

number indicated, and placed in the US Mail, postage prepaid, one copy of the 

Answer addressed as follows: 

Lierre M. Green 

US Department of Transportation 

Western-Pacific Region, Office of the Regional Counsel 

PO Box 92007 

Los Angeles, CA 90009-2007 

Fax: (310) 725-6816 

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