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i •• •.I\'3P0RM$)IDEPARTMEN T O F TRANSPORTATION,.** ^ &'^j^,0mmw mtf^u ^ 

: •. --KEV OPERATIC,« OFFICE O F HEARING S R t C E IVF P 

WASHINGTON, D.C. ^i—'^^1-ilVfc.l ^ 

:*!! APR2q P 3^0M APR 2 1 201! 

IN THE MATTER OF •,- * r* 

AIRLINE TRANSPORT PROFESSIONALS!EARING DOCKET 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

[Judge Ronnie A. Yoder] 

FDMSFAA-2011-0289 

PURPORTED RESPONDENT'S 

MOTION FOR AN EXTENSION OF TIME 

COMES NOW, Airline Transport Professionals, Inc., and to the extent it is implied in 

this litigation that it is the Respondent in this action, and moves for an Order extending the time 

for the purported Respondent to file its Answer, Motion to Dismiss or other responsive pleadings 

showing this Court as follows: 

1. On March 19, 2011 at 1:40 p.m., the purported Respondent was first served the 

FAA's Complaint in FAA 2008EA-210045 as confirmed by Exhibit B attached to 

hereto to this Motion; and 

2. 14 C.F.R. § 13.209(a) provides for 30 days to file an answer after service, and 

service was first perfected on April 19, 2011. 

WHEREFORE, the purported Respondent prays as follows: 

1. That the purported Respondent, Airline Transport Professionals, Inc. have until 

Thursday, May 19, 2011 to file its Answer, Motion to Dismiss or other responsive 

pleadings; and 

2. That this Court vacate footnote no. 1 in the third paragraph its Order of April 13, 

2011 to the extent that the purported Respondent is foreclosed from filing an 

answer or an amended answer after May 13, 2011; and 
3. That the purported Respondent has such additional and further relief as this Court 

deems just and proper on the premises. 

Respectfiilly submitted this 19"" day of April 2011 

Alan Armstrong 

Georgia Bar No. 022075 

Attorney for Airline Transport 

Professionals, Inc. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suit3e 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan(a),alanarmstronglaw.com 
04/19/2011 13:40 4043055223 FAA REGIONAL COUNSEL PAGE 01/08 

Q 

U.S. Department Southern Region p.o. Box 20636 

of Transportation Office of the Regional Counsel Atlanta, Georgia 30320 

Federal Aviation (404) 305-5200 

Administration (404)305-5223 FAX 

MAR 3 1 ^01^ 

CERTIFIED - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Attn: Hearing Docket Clerk 

AGC-430, Suite 2W1000 

Wilbur Wright Building 

Washington, DC 20591 

Re: In the Matter of Airline Transport Professionals 

FAA Case No. 2008EA21.0045 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Richmond, Virginia area, and 

expects that the hearing will last two days. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Soutliem Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 

Enclosures 
04/19/2011 13:40 4043055223 FAA REGIONAL COUNSEL PAGE 02/08 

(770 ) ^0I-03I.T 

FAX (770) t5l-OOI 7 

AXAK ABKSTRONG 

ATTORNT^Y AT LAW 

PAIUK R^roOE ©O OFTIC.B PARK 

BUtUJINA 3 . 200 0 CJXAhflJLBe-TUGICER ROAD 

Alri-AMTA, OEORC-rA OOO-H 

wvw. aUoirmJCfOOgU* com 

March 10,2011 

Via Regular Mail 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, D.C. 20591 

Attn; Hearing Docket Clerk AGC-430 

Wilber Wright Building 

Suite 2W1000 

Re: Administrator v. Airline Professionals. Inc. 

FAA Case No. 2008EA210045 

Dear Sir or Madam: 

Enclosed please fmd an original and two copies of the Request for Hearing regarding the 

above-captioned matter. Please file the original and one copy with the FAA and return a datestamped copy to me in the enclosed envelope for your convenience. 

Thank you for your assistance with this matter. 

Sincerely 

Alan Armstrong 

AA/scb 

Enclosures 
04/19/2011 13:40 4043055223 FAA REGIONAL COUNSEL PAGE 03/08 

UMITED STATES OF AMERICA 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON. D.C. 

RANDOLPH RABBIT, Administrawr, 

Complainant, 

V. 

AIRLINE TRANSPORT 

PROFESSIONALS, INC., 

Respondent. 

FAA Case No. 2008EA210045 

REOUEST FOR HEARING 

COMES NOW Airline Transport Professionals, Inc., the Respondent in the 

above-referenced matter and the entity named in the Final Notice Of Proposed Civil 

Penalty in FAA Case No. 2008EA210045 attached hereto as Exhibit A and within 15 

days of the issuance of the aforesaid Final Notice Of Proposed Civil Penalty requests a 

hearing in accordance with 14 CFR §13.16(g)(2). In making this request for a hearing in 

accordance the foregoing regulations, Airline Transport Professionals, Inc. does not agree 

that the Federal Aviation Administration gave timely notice of the purported violation 

within two years as required by 14 CFR § 13.208(d), for the reason that the owner of the 

subject aircraft, N575AT was not Airiine Transport Professionals, Inc., a matter that was 

apparent from the FAA's own records. Furthermore, Airiine Transport Professionals, 

Inc. was not the operator of N575AT. Because the FAA failed to give timely notice 

within 2 years of the purported violation, the respondent herein reserves the right to move 

to dismiss this case because it is stale under 14 CFR § 13.20S(d). Respondent also 
04/19/2011 13:40 4043055223 FAA REGIONAL COUNSEL PAGE 04/08 

reserves the right to move to dismiss this claim because it is not the real party at interest. 

The Respondent reserves any and all other defenses as may apply. 

The Respondent requests an evidentiary hearing before an Administrative l.aw 

Judge as provided in 14 CFR § 13.16 and any all similar or parallel or complimentary 

regulations promulgated by either the Department of Transportation or the Federal 

Aviation Administration. 

WHEREFORE, Respondent respectftilly prays as follows: 

1. That the Respondent have and receive an evidentiary hearing before an 

Administrative Law Judge in accordance with 14 CFR § 13.16 or any and 

all other pertinent regulations promulgated by the Department of 

Transportation and/or Federal Aviation Administration; and 

2. That at the appropriate time, upon an appropriate motion and briefing, that 

these proceedings be dismissed because neither of the "owner" nor 

"operator" of N575AT was notified within 2 years of the date of the 

alleged violation as required by 14 CFR § 13.208(d); and 

3. That these proceedings be dismissed 

[Signature on Ncxl Page] 
04/19/2011 13:40 4043055223 FAA REGIONAL COUNSEL PAGE 05/08 

Respecthilly submitted this day of March, 2011. 

Alan Armstrong 

Georgia Bar No. 022075 

Attorney for Respondent 

Airline Professionals, Inc. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suite 350 

Atlanta, Georgia 30341 

Phone: 770.451.0313 

Fax: 770.451.0317 

alan@alanarmstronglaw.com 
04/19/2011 13:40 4043055223 FAA REGIONAL COUNSEL PAGE 06/08 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVL\T10N ADMINISTRATION, 

Complainant, 

vs. 

Airline Transport Professionals 

Respondent. 

F/»iA Docket No. 

Judge 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

1. 

1. On February 25, 2011, Respondent, Airiine Transport Professionals was advised 

through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penally 

in the amount of S37,500. On March 10, 2011, the Agency Attorney received a written request 

for a hearing from the Respondent. 

II. 

1. On or about September 23, 2008, Airline Transport Professionals operated a Piper 

PA-44 aircraft, identification number N575.AT, when the aircraft was not in an airworthy 

condition; 

2- Specifically, the right fuel pump was inoperative. 

3. Airiine Transport Professionals failed to ensure that between required inspections 

discrepancies were repaired in accordance with Part 43 of the Federal Aviation Regulations. 
04/19/2011 13:40 4043055223 FAA REGIONAL COUNSEL PAGE 07/08 

III. 

4. As a result, you violated the following sections of the Federal Aviation 

Regulations: 

a. Section 91.405(a), which states that each owner or operator of an aircraft shall 

have that aircraft inspected as required by Subpart E of Pari 91 or the Federal Aviation 

Regulations and shall between required inspections (except as otherwise provided) have 

discrepancies repaired in accordance with Part 43 of the Federal Aviation Regulations. 

b, Section 91.7(a), which states that no person may operate a civil aircraft unless it is 

in an airworthy condition. 

5. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil 

penalty not to exceed $25,000 for each of the violations alleged. 

6. Under the facts and circumstances of this case, a civil penahy of $37,500 is 

appropriate. This amount includes consideration of Respondent's corrective action. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of 537,500. 

Respectfully submitted this <jj 1 day of March, 201 

GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13,209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows, 
04/19/2011 13:40 4043055223 FAA REGIONAL COUNSEL PAGE 08/08 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint (FAA Case No. 2008EA210045) has 

been mailed this date by Certified Mail, Return Receipt Requested, to the following: 

Federal Aviation Administration (original + I copy) 

800 Independence Avenue, SW 

Attn: Hearing Docket Clerk 

AGC-430, Suite 2W1000 

Wilbur Wright Building 

Washington, DC 20591 

Alan Armstrong, Esq. (1 copy) 

Park Ridge 85 Office Park 

Building 5 

2900 Chamblee-Tucker Road 

Atlanta, GA 30341 

riFJ^/iiWM. 

Legal Assh 

Office of the Regional Counsel 

WAR 3 1 201) 

Dated 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

AIRLINE TRANSPORT PROFESSIONALS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

[Judge Ronnie A. Yoder] 

FDMSFAA-2011-0289 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing PURPORTED RESPONDENT'S MOTION FOR AN 

EXTENSION OF TIME has been served via Federal Express and Facsimile to: 

Gerald A. Ellis, Esq. 

Federal Aviation Administration 

Office of Regional Counsel 

1701 Columbia Avenue, Room 530 

College Park, Georgia 30037 

Respectfully submitted this 19* day of April 2011 

Alan Armstrong 

Georgia Bar No. 022075 

Attorney for Airline Transport 

Professionals, Inc. 

Alan Armstrong Attorney at Law 

2900 Chamblee Tucker Road 

Building 5, Suite 350 

Atlanta, GA 30341 

P: 770.451.0313 

F: 770.451.0317 

alan(a),alanarmstron glaw. com 

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