In The Matter Of: 

"·"";-

·;~% 

U.S. DEPARTMENT OF TRANSPORTATION' ' 

OFFICE OF HEARINGS 

WASHINGTON, DC 

) 

HEARl I\' • d l 

NORTHEASTERN AVIATION 

CORPORATION 

) Docket No. FAA-2015-0206 

) 

) 

) Case No. 2011EA110045 

Respondent ) Assigned: Judge J.E. Sullivan 

ANSWER AND RESPONSE TO COMPLAINT 

IV ED 

1: 3 2015 

DOCKET 

Respondent files its Answer and Response to the Complaint and states as follows: 

I 

Respondent avers that it was advised through a Final Notice 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 drawn therefrom and contained in paragraph 5 and any legal 

determinations are denied. 

6. Denied. 

7. Denied. 

8. Respondent avers that the flight information speaks for itself. All inferences, 

interpretations and conclusions drawn therefrom and contained in paragraph 8 and any legal 

determinations are denied. 
9. Denied. 

10. Denied. 

Respondent denies any alleged violations recited in the Complaint referencing Section 

91.9(b)(1), Section 21.5 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 that the 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 or unsafe 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 

pursuant to the SBREF A, including but not 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 that the 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 been mitigated and 

should be limited, reduced or eliminated. 

2 
(vii) Respondent maintained an audit, tracking control system and revision control 

guidance system recommended by the FAA guidance and Respondent had a system in place that 

was FAA approved. 

(viii) Respondent further states that it verified all revisions were properly updated prior 

to the FAA letter of investigation of5-6-2011. 

(xiv) Respondent states alternatively that it has taken corrective action and mitigated 

any alleged violations, or corrected any perceived revisions, updates and systems, and a civil 

penalty is not appropriate. 

(ix) Respondent denies all allegations not otherwise admitted and denies liability. 

(x) Respondent reserves the right to file additional defenses. 

By: 

Respectfully submitted, 

~~·-~ ;«._ q 

Edward J. Longos;,'rl ' 

Evelyn D. Sahr 

Eckert Seamans Cherin & Mellott, LLC 

1717 Pennsylvania Avenue, NW, Suite 1200 

Washington, DC 20006 

Telephone: 202-659-6619 

Facsimile: 202-659-6699 

E-mail: elongosz@eckertseamans.com 

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CERTIFICATE OF SERVICE 

I hereby certify that on this/,01"\ day of March, 2015, copies of the foregoing Answer and 

Response to Complaint was sent by e-mail and Federal Express as follows: 

Original & One Copy- By Federal Express 

Federal Aviation Administration 

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 of Regional Counsel, Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Tel: 718-553-3266 

Fax: 718-995-5699 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE (Ell-310) 

Washington, DC 20590 

Tel: 202-366-6941 

Fax: 202-366-7537 

Edward J. Longosz, II 

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