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June 24, 2011 Federal Aviation Administration Attn: Hearing Docket Clerk 800 Independence Ave. SW, Room 924A Washington, DC 20591 !)lRl.cr 858.792.1789 rAX 858.192.1799 

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Re: In the Matter of KS. AViation, Inc. d/b/a SierraAcademy 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 ofRespondent KS. Aviation, Inc., d/b/a Sierra Academy ofAeronautics; and 2. Certificate ofService. This office represents Respondent in this matter, and as such, 1ask that all correspondence to Respondcnt be directed to me, as follows: Robert J Hajek 828 Stratford Court Del Mar, CA 92014 Further, ifpossible, Respondent rcquests that any hearing inthis matterbe conducted in Orange County, CA. By copy ofthis letter, service is made upon the attorney for the US Department ofTransportation, Lierre M. Green by fax and US MaiL

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/dsb Ene. ru y y urs, 

### raJ 003/007

Ce: Mr. Lierre M. Green, Esq_ (Attorney for US Department ofTransaportation, by Fax andlJS Mail)

208/27/2011 10:57 FAX

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### ----- ----,-

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### US DEPARTMENT OfTAANSP,O.RTATION OFfICE OF HEARINGS

WASHINGTON, DC

In theMatter ofK.S. Aviation, Inc. d/b/a Sierra Academy ofAeronautics, Respondent.

JUDGE NOT ASSIGNED 

### FAA DOCKET UNASSIGNED fAA CASE NO. 2011WP170009

ANSWER OF RESPONDENT KS. AVIATION. [NC. D/B/A SIERRA ACADEMY OF AERONAUTICS 

### Respondent K.S. Aviation, Inc., d/b/a Sierra Academy ofAeronautic:s, pursuantto 14 C,F.R.13.209, hereby files its Answer and states as follows: I. 

### Respondent admits the allegations ofparagraph 

### rofthe Complaint. II. 

### 1, Respondent admits the allegations ofparagraph lI(l) 

### ofthe Complaint. 2. Respondent admits the allegations ofparagraph II(2) ofthe Complaint. 3. As to paragraph JI(3) ofthe 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 partofRespondent, but due to inadvertence and a good faith beliefthat the aircraft had an effective US registration certificate. II!J 004/00708/27/2011 10:57 FAX

Ill. As to paragraph III of the Complaint, Respondent admits thatitinadvertently violated the referenced section. However, Respondent affirmatively states that such failure was not due to any intentional act on the part ofRespondent, but due to inadvertence and a good faith beliefthat the aircraft had an effective US registration certificate. 

### IV. 1. Respondentadmits that the statute referenced in paragraph (IV}(l) of. the Complaintprovides for a civil penalty not to exceed $25,000 for each ofthe 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 deterrentpurpose ofthe statuteis not served by imposing such a severe penalty for an inadvertent act. As such, the penalty imposed
was an abuse ofdiscretion. Furthermore, the statement in the Complaint that, "underthe facts and circumstances ofthis case, a civil penalty of$30,000 is appropriate," should not be given any deference because the proposed sanction is made withoutreference to the FAA's sanction guideline table,'and there is no discussion ofits applicability and relevance to this case. In sum, the penalty imposed is far too severe underthe circumstances. WHEREfORE, Respondent requests that the Administrative Law Judge enter
an orderreducing the proposed fine from $30,000 to $500 in accordance with prior NTSB decisions.

2 1;1] 005/00706/27/2011 10:57 FAX
", 

### Respectfully submitted,

Robertj, j , 

### Esq, Attorneyfor espondent 

### 828 Stratford Court Del Mar, CA 92014 Fax: (800) 405-4530 I;!] 006/007



### 308/27/201110:57 FAX



### CERTIFICATE OF SERVICE I hereby certifY thaton June 24, 2011, I sent via FedEx, 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 thaton June 24, 2011, I faxed a copy oftheAnswer to the fllx number indicated, and placed in the US Mail, postage prepaid, one copy ofthe Answer addressed as follows:
Lierre M. Green US Department ofTransportation Western-Pacific Region, Office ofthe Regional Counsel PO Box 92007 Los Angeles, CA 90009-2007 Fax: (310) 725-6816 I4J 007/007