In The Matter Of: "·"";-

**·;~%** U.S. DEPARTMENT OF TRANSPORTATION' ' OFFICE OF HEARINGS

WASHINGTON, DC ) 

## HEAR l I\' • d 

### l NORTHEASTERN AVIATION CORPORATION ) DocketNo. FAA-2015-0206 ) ) ) Case No. 2011EA110045 Respondent ) Assigned: Judge J.E. Sullivan ANSWERAND RESPONSE TO COMPLAINT 

# IVED 1: 32015 DOCKET

Respondent files its Answer and Response to the Complaint and states as follows: I Respondent avers that itwas advised through a FinalNotice and submitted a written demand for a hearing. II 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Respondent avers that the flight information speaks for itself. All inferences, interpretations and conclusions drawntherefrom and contained inparagraph 5 and any legal determinations are denied. 6. Denied. 7. Denied. 8. Respondent avers thatthe flight information speaks for itself. All inferences, interpretations and conclusions drawn therefrom and containedinparagraph 8 and any legal determinations are denied.

### 9. Denied. 10. Denied. Respondent denies any alleged violations recited inthe Complaintreferencing Section 91.9(b)(1), Section21.5 and Section 121.141 (b). IV 

### 1. Respondent denies that it is subject to a civil penalty. 2. Respondent denies that the civil penalty requested is appropriate. As further Answer and Defenses to the allegations, Respondent states as follows: (i) Respondent states thatthe manuals, including the audit, updating and revision control system in place followed recommended FAA guidance and approval. At no time was the aircraft in an unairworthy state orunsafe condition. (ii) Respondent denies that the cited code sections were violated. (iii) Respondent took any necessary corrective action. (iv) Respondent states alternatively that any penalty should be waived and/or reduced pursuantto the SBREFA, including butnot limited to FAA Order 2150.3b regarding FAA Policy
on Compliance and Enforcement, Chapter 7, Section 11(a). (v) Respondent reserves the right to plead thatthe matter should be dismissed based
on waiver, mistake, accord and satisfaction, laches, statute oflimitations and staleness if discovery provides such evidence and basis. (vi) Respondent states that any alleged violations and penalty have beenmitigated and should be limited, reduced or eliminated.

2(vii) Respondent maintained an audit, tracking control system and revision control guidance systemrecommended by the FAA guidance and Respondenthad a system inplace that
was FAA approved. (viii) Respondent further states thatitverified all revisions were properly updated prior to the FAAletter ofinvestigation of5-6-2011. (xiv) Respondent states alternativelythat ithas taken corrective action and mitigated any alleged violations, or corrected anyperceived revisions, updates and systems, and a civil penalty is not appropriate. (ix) Respondent denies all allegations not otherwise admitted and denies liability. (x) Respondentreserves the right to file additional defenses.

By: Respectfully submitted,

# ~~·-~ ;«._ 

### q Edward J. Longos;,'rl ' Evelyn D. Sahr Eckert Seamans Cherin & Mellott, LLC 1717 PennsylvaniaAvenue, NW, Suite 1200 Washington, DC 20006 Telephone: 202-659-6619 Facsimile: 202-659-6699 E-mail: elongosz@eckertseamans.com

3CERTIFICATE OF SERVICE I hereby certifythat onthis/,01"\ day ofMarch, 2015, copies ofthe foregoing Answer and Response to Complaintwas sentby e-mail andFederal Express as follows: Original & One Copy- By Federal Express Federal AviationAdministration 600 Independence Avenue, S.W. Wilbur Wright Building- Suite 2Wl000 Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430

One Copv- By Mail Mr. Daniel Kohlmeyer Complainant's Counsel Office ofRegional Counsel, EasternRegion Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 Tel: 718-553-3266 Fax: 718-995-5699 Judge J.E. Sullivan US. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, SE (Ell-310) Washington, DC 20590 Tel: 202-366-6941 Fax: 202-366-7537

Edward J. Longosz, II

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