A Professional Corporation 

2395 S. Huron Parkway 

Suite 200 

Ann Arbor, Ml 481 04 

734 973.1222 

734 973.1223 fax 

www.kelseylaw.com 

August 3, 2012 

Hearing Docket 

Federal Aviation Administration 

Hearing Docket Clerk, AGC-430 

Wilber Wright Building- Suite 2Wl 000 

800 Independence Ave. SW 

Washington, DC 20591 

Re: FAA Case No. AGL-7K 

2011-GL-23-0099 

Dear Sir/Madam: 

George W. Kelsey 

RECE'. v-=,0 ~~~~ ~e~~lemon t;; Karen L. G1rard* * 

AUG \ 3 l0\2 Donold E. McNeff 

CKI!¥' *Also licensed to HEARING 00 r;;; 1 pmclice io New Yock 

· **Also licensed to practice in California 

Via First Class Mail 

Please fmd enclosed an original and one copy of the Answer to Complaint with Certificate of 

Service which we are forwarding for filing on behalf ofRespondent,Kalitta Air, LLC regarding 

the above-referenced matter. 

If you have any questions, please do not hesitate to contact our office. 

Sincerely, 

Renee C. Alexander 

Legal Secretary 

/rca 

Enclosure 

cc: . Chris G. Zurales, Senior Attorney (viil First Class Mail w/enclosure) 

g: \k\kalitta\air\d\davis, michael-faa investii~tory heaing-20 12\hea[ing docket clerk letter to-0803 1 2.do~ 
U.S. DEPARTMENT OF TRANSPORTATION 

Office 

Washington, 

of Hearings RECEIVED D.C. 

AUG I 3 2012 

____________ HEARING DOCKET 

Kalitta Air, LLC 

FAA Docket No.~~~~~­

(EIR 2011-GL-23-0099) 

(Civil Penalty Action) 

Administrative Law Judge: ~~~~~~~-

ANSWER TO COMPLAINT 

NOW COMES Kalitta Air, LLC, by its attorneys, Kelsey Law Group, PC, for its Answer 

to the Complaint filed by the FAA in the above-captioned matter. 

I 

Kalitta Air, LLC, pursuant to Rule 209 of the Rules of Practice (14 C.P.R. 13.209), states 

as follows: 

l. Answering Complaint paragraph l, Kalitta Air, LLC admits the allegation in its 

entirety. 

2. Answering Complaint paragraph 2, Kalitta Air, LLC admits the allegation in its 

entirety. 

3. Answering Complaint paragraph 3, Kalitta Air, LLC is without sufficient 

knowledge or information to admit or deny Complaint paragraph 3 because there 

is no date or time attached to the allegation which would permit a calculation of 

duty time; because the date or time of assignment or acceptance of assignment are 
not necessarily indicative of duty time or rest and because Kalitta Air is unclear as 

to whether the FAA asserts that the subject aircraft operated on March 23, 2011 or 

that the subject pilot received notice to operate the subject aircraft on March 23, 

2011. 

4. Answering Complaint paragraph 4, Kalitta Air, LLC denies the allegation in its 

entirety for the reason that the same is untrue. 

Kalitta Air, LLC denies that it is in violation of 14 C.F.R. 121.503(c) of the Federal 

Aviation Regulations. 

II 

1. Answering Complaint Section II, paragraph 1, Kalitta Air, LLC responds that 49 

USC 46301 speaks for itself and further answers that Kalitta Air, LLC is not in 

violation of 14 C.F.R. 121.503(c) and therefore not subject to civil penalty 

pursuant to 49 USC 46301. 

2. Answering Complaint Section II, paragraph 2, Kalitta Air, LLC denies that any 

civil penalty is appropriate for the reason that Kalitta Air, LLC is not in violation 

of 14 C.F.R. 121.503(c). 

AFFIRMATIVE DEFENSES 

FIRST AFFIRMATIVE DEFENSE 

The pilot, Michael Davis, had been relieved from all duty for at least 24 consecutive 

hours at least once during the preceding seven (7) days at the time he operated the aircraft 

identified in Complaint paragraph 3. 

2 
SECOND AFFIRMATIVE DEFENSE 

The FAA has failed to state a claim upon which Relief can be granted and the 

Respondent is therefore entitled to a Judgment of Dismissal as a matter oflaw. 

WHEREFORE, Kalitta Air, LLC, by its attorneys, Kelsey Law Group, PC, requests that 

the Administrative Law Judge enter an Order dismissing the Civil Penalty Action, either upon 

initial pleadings, following consideration of Motions filed, or at the conclusion of a hearing, and 

award Kalitta Air, LLC costs and expenses wrongfully incurred. 

Respectfully submitted this 3rd day of August, 2012. 

3 

~ ~ / KEY LA WGROiJI>52 

George W. Kelsey 

Attorney for Respondent 

2395 S. Huron Parkway, Suite 200 

Ann Arbor, MI 48104 

(734) 973-1222 Telephone 

(734) 973-1223 Fax 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Answer to Complaint has been mailed this 3rd day of 

August, 2012, by First Class Mail to: 

Original and One Copy: 

Hearing Docket 

Federal Aviation Administration 

Hearing Docket Clerk, AGC-430 

Wilber Wright Building- Suite 2Wl000 

800 Independence Avenue, S.W. 

Washington, DC 20591 

One Copy: 

Chris G. Zurales 

Senior Attorney 

Federal Aviation Administration 

Great Lakes Region, AGL-7K 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Phone: (847) 294-7713 

Fax: (847) 294-7498 

Dated this 3rd day of August, 2012 

~ c ai2rrh~ ~ 12 

Legal 

Renee 

Secretary 

C. Alexander ~J 

g: \k\kalitta\air\dldavis, michael-faa investigatory heaing-2012\answer to complaint-v2-072612-dem.doc 

4