## UNITED STATES OF AMERICA U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
IN THE MATTER FDMS NO.: FAA-2015-0643 OF NOTYET ASSIGNED MACH 1 AIR CHARTERS, INC. ANSWER TO 

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COMES NOW the Respondent MACH 1 AIR CHARTERS, INC., individually, in answerto the complaint ofthe Administrator on file herein, for itselfalone, and pursuant to 14 CFR §§13.16 AND 13.201 et seq. ofthe Rules of Practice, denies and alleges as follows: ALLEGATION 

### I. This answering Respondent admits the allegations contained in Allegation I ofthe complaint on file herein.
ALLEGATION II. I. This answering Respondent admits the allegations contained in paragraph I, 2, 3 and 10 ofthe complaint on file herein.
2. With respectto paragraph 9 Respondent admits that it operated an aircraft on May 12, 2014 but denies the wording "afterthe events referenced above" and by its admission does not admit the substance of the other allegations incorporated in the wording by the Administrator and therefore specifically denies any facts incorporated by Pa e 1 ANSWERTO COMPLAINT 

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### the wording setforth. 3. This answering Respondent deniesthe allegations ofparagraphs4, 5, 6, 7, 8 , 12 and 13, both generally and specifically, whether the allegation be express or implied.
4. This answering Respondent alleges that the allegations contained in paragraph 11 are ambiguous, incomplete confusing and therefore has insufficient information to either admit or deny the allegation. On that basis, this answering Respondent musttherefor denythe allegations, both generally and specifically, whether the allegation be express or implied.
ALLEGATION Ill. 

### 1. This answering Respondent denies admits the allegations contained in paragraph I, 2, and 3 ofAllegation Ill. ofthe complaint on file herein, both generally and specifically, whether the allegation be express or implied, and further denies that this answering Respondent violated any Federal Aviation Regulation(s).
FIRST AFFIRMATIVE DEFENSE 

### This answering Respondent is informed and believes and thereon allegesthatthe complaint, and that each purported cause of action stated therein, fails to state facts sufficientto constitute a cause ofaction against this answering Respondent.
SECOND AFFIRMATIVE DEFENSE 

### This answering Respondent is informed and believes and thereon alleges that safety in air commerce and the public interest do not require the imposition of a civil 

### Pa e 2 ANSWERTO COMPLAINTpenalty against this certificate holder.
THIRD AFFIRMATIVE DEFENSE This answering Respondent is informed and believes and thereon alleges thatthe pleading is uncertain, ambiguous and unintelligible.
FOURTH AFFIRMATIVE DEFENSE This answering Respondent is informed and believes and thereon alleges thatthe actions ofthe F.A.A. in initiating this proceeding were withoutsubstantialjustification and were based upon the unconscionable and unlawful actions of its employees and agents.
FIFTH AFFIRMATIVE DEFENSE This answering Respondent is informed and believesand thereon alleges thatany of the actions of the Respondent as set forth herein were with the express approval, permission and consent of the Federal Aviation Administration by and through its authorized employees.
SIXTH AFFIRMATIVE DEFENSE This answering Respondent is informed and believes and thereon alleges thatthe appropriate Federal Aviation Regulations authorize the actions ofthe Respondent as set forth herein.
SEVENTH AFFIRMATIVE DEFENSE This answering Respondentis informed and believesandthereon allegesthatthere were no airworthy issues involving the aircraft and that the aircraft was operated in an airworthy condition at all time. Pa e 3 ANSWERTO COMPLAINTEIGHTH AFFIRMATIVE DEFENSE 

### This answering Respondent is informed and believes and thereon alleges that an emergency existed which authorized non compliance with the Flight Rules of Part 91. WHEREFORE, 

### Respondent prays that the Administrator take nothing by its complaint, thatthe same be dismissed, that Respondent be awarded his attorney's fees and costs and for such other relief as the Administrative Law Judge of the Office of Hearings deems proper.
DATED: 

### May 11,2015 STEVEN L. GRAFF, INC. 

### A Professional ration

## by·~;.:~::~~~;f~ STEVEN L. GRAFF 

### 43399 Calle De Velardo Temecula, CA 92592 (951) 303-6400 tel aviationcounsel@aol.com 

### Attorney for Respondent

Pa e4 ANSWERTO COMPLAINTCERTIFICATE OF SERVICE I herebycertifythat I havethis day, placed in the United States mail, postage prepaid, the original and copy ofthe ANSWERTO COMPLAINT addressed to: FEDERAL AVIATION ADMINISTRATION The Hearing Docket, AGC-430 WilberWright Building - Room 2W1000 800 IndependenceAvenue, S.W. Washington, D.C. 20591 I further certify that I have this day, placed in the United States mail, postage prepaid, a copy ofthe ANSWERTO COMPLAINT addressed to: GLENN H. BROWN, ESQ. Office ofthe Regional Counsel FEDERAL AVIATION ADMINISTRATION 222 W yTH Avenue #14 Anchorage, Alaska 99513-7586
Ideclare underpenaltyofperjuryunderthe lawsofthe stateofCaliforniathattheforegoing is true and correct and that this document is executed on May 11, 2015 at Temecula,

STEVEN 

### L. GRAFF

Pa e 5 ANSWERTO COMPLAINT