12/15/2011 16 50 FAX 2021935142 

12/09/20U 08:53 FAI 0107256516 

FA A 

AVP-7 

- QMS @1002/O15 

[2]002 

o 

U.S. Department 

of Transpor&tjon 

Fedoral Aviation 

AdmlnEtration 

Western-Pacific Region 

Office of me Regional Counsel 

P.O. Box 92007 

LOG Angeles. CA 90009-2007 

Telephone; (31 D) 725-7142 

Facsimile: (310) 725-681G 

CERTIFIED MAIL - RETURN RECHTPT REQUESTFl > and FACSIMILE 

Federal Aviation Adminisiration 

800 Independence Avenue, SW 

Washington, DC 20591 

Atm: Hearing Dockei Clerk. AGC'43 0 

Wilbur Wright Building -- Suite 2W1000 

Re: In the Matter of FWinc High. LLC: Case No. 2QnWP070116 

Enclosed is a copy of a i-equesT for hearing dated December 6, 2011.. and the original and 

one copy of the Complaint in the above-Tefe«ticed proceeding. 

I request that the hearing in this matter be held in the Phoenix, Arizona area, and expect that 

the healing will last one (1) da>. 

Please address all communications for the RegionalCounsel of the Western-Pacifc Region^ 

to the undersigned, at; Office of the Regional Counsel, AWP-7.12 , Federal Aviation 

Administration. Western-Pacific Region, P. O. Box 92007, Los Angeles. C A 900C'9-2007, 

Telephone: (310) 725-7142, FAX: (310)725^6816. 

Sincerely, 

NAOMI TSUDA 

Regional Counsel 

BY: 

Attorney 

Enclosures; Request forKearing; Complaint; Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRAC'TC E 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT 

LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT 

TO SECTION 13.208(D) OR SECTION 13.21 S(F)( 1-4) OF THE RULES OF FR.'vCTICE. 
12/15/2011 lG-50 FAX 2024935112 FAA ^ DMS 12)003/015 

12/09/2011 08:53 FAX 3107256816 AWP-T ®U03 

Plcaic see the attached Request for Hearing and request for The rcleasable portion of the El'^. 

Tliank > on . 

Sean Ccvokc 
12/15/2011 16.50 FAX 2024335142 FAA - DMS @]004/0l5 

12/09/2011 08:53 FAI 3107256^18 AWP-7 ^^004 

Office of the RcgianaJ Counsel 

FA.^ Wesicm-Pacililc Region, AWP-7, 12 

PC Box 92007 

L OS Angeles, CA 90009-2007 

K£:Case#2011'Wl'070n6 

I'ecember 6ih, 201.;] 

To whom it may concern, 

Ihis letter i$ to serVe as my wrinen request that a copy of the releasable ponion ofrhe enforcerreni 

investigation n;pori(E]R), *s we[I as any future correspondence in regards to Flying High, LLC, case # 

:0 n WP070116 b&; sent directly TO myself. 

Sincerel>', 

/ 2 - (,'ZO/f 

Srari B. Cooke 

Manager, Flying l-figh LLC 

3J09EMilIcy Wayi 

Gilbert, AZ 8529J: 

Phni480-252-0021i 

FAX:877-849-0025: 
12/15/201 1 1G:5 0 FAX 202493514 2 FAA - DMS (2)005/01 5 

12/09/2011 08:53 FAI 3X0725881 6 AWP-7 ©005 

Office of the Re^onQJ Counsel 

FAA Westem-Faciflc Region. AWP-7,12 

PO Box 92007 

L OS Angeles, CA 90009-2007 

P.E:Case#20ilWp0701l6 

December 6ih. 201 i 

'\o whom ir may cwicem, 

This leiler is to serve as my writren request for a hearirg in the mailer regarding Flying High, L-C. c^stiit 

2011WP070i 16. Final Notice of Proposed Civil Penally. 

I requestthai this hearing be set in Phoenix, A 2 and I request that it be setaft«r February 15th doe ro a 

Scheduling conflict; 

Sincerely, 

-€i;an B. Cooke 

Manager, Flying Hfgh LLC 

3109EMilkyWav: 

GiH>en.AZ«5295i 

Plini4SO-252-002] ; 

F,ix:877-849-002l ' 
12/15/201 1 16:50 FAX 2024935142 FAA - DMS I2|006/0l 5 

12/09/2011 08:53 FAX 3107256816 AWP-7 [2|006 

U S. Depanmeni of Transportation 

federal AWation Adnimisiraiion 

Ann: Hearing Docktt Clerk. AOC-430 , Wilbur Wright Building. Room 2W1000 

8CfO Ttidependcnce Ave SW 

\\a3hingcon, DC 20i59! 

R.e: Case 1^2011WPO70 M 6 

DL'ceniber6th, 2011 

T<' whom it may cohcem, 

Tliis Uncr is ro ser^ie as mv written request for a hearing in the mattiar regardine Flying High, LLC, cose # 

201! ^^070116, Final Noiice of Proposed Civil Penair/. 

r lequest thai ihis hearing b« set in Phoenix, A 2 and 1 request ihat it be set after February 15th due lo a 

3c [icdu ling confl ict: 

Sincerely, 

Scan 6. Cooke i Date 

Wihna^<tt.. FJying High LLC 

3309 EMilkv Way! 

Gilbert AZ B5295 ; 

P}-.n:48O-252-C>02l! 

FfiX: S77-849-002r 
12/15/2011 16:50 FAX 202493514 2 FAA - DMS @)007/0l5 

12/09/2011 08:53 FAX 3107256816 .'VlVP-T ^^^ ' 

V,S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF IffiARJNGS 

WASHINGTON, DC 

ID tbe Matter of Flying High. LLC: 

FAA DOCKET UNASSIGNE D 

FAA CASE NO. 2011WPO?0116 

RespoDdent 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, j)ursuant to Rule 208 of the Rules of Practice 

(14 C.F.R- 13,208), and states as follows: 

L 

Respondent Flying High, LLC. (Flying High) was advised through a Final Notice of 

Proposed Civil Penalty, dated November 22, 20 U, that the FAA proposed lo assess a civil 

penalty in the amount of $6,200.00. On Decejnber 6, 2011, Respondent submitied a written 

request for a heating. 

IL 

1. Flying High is now, and at all tiimea mentioned herein, was the owner of a 

Cessna C-150F aircraft, Civil RegisUation No. NS0g7S. 

2. At all relevant times Sean Cooke was the manager of Flying High. 
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FAA - DMS 21008/015 

©008 

3. On or about June 1, 2010, Anthony Bell made an entry in the mair.tenance 

record of NgOS'TS stating that he liad performed an annuai inspecdon and that 

the total Time in service for the propeller on N8087S was unknowr 

4. On or about January 21, 2011, the FAA sent a Icaer lo Mr. Cooke iitaiing that 

the maintenance log entry for iin annual inspection performed on June 1, 

2010, did not have an entry for the propeller total time in ser^'icc. 

5. On Januar>'31,20tl,theSDL FSDO received a letter tromMr, C<-oke. In 

his letter he stated that "'there i:> no annotation as to.. -how many hours are on 

the propeller." In his letter he also stated ihat "(t]h6£e items will be corrected 

as soon as possible, but no later than 60 days from today's date. T!ic aircraft 

will not be flown before thc^e items have been accomplished." 

6. On or about February 16, 2011, Mr. Bell made an entry in the maintenance 

record of N8087S stating that "Total Airframe Time and Propeller limes have 

been researched and found to be in error." The entry also stated tha: the total 

time in service for the propeller on N8087S was unknown. 

7. On or about February 16, 2011. Flying High operated N80S7S by authorizing 

a flight fmm Stellar Airpark (P19) near Chandler, Arizona, to Falcon Field 

.'Virport (FFZ) near Mesa, Arizona. 
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FAA 

AWP-7 

^ DMS ©009/01 5 

ESoos 

8. Mr. Cooke was informed by a letter sent by the FAA, dated April 1, 2011, 

that the maintenance records for N8087S did not have the total time in 

service for the listed propeller. 

9. On or about April 21, 2011, the SDL FSDO received a letter from Mr. 

Cooke- He again acknowledged that "[n]o record of the total time in ser\ice 

or time since overhaul was made in the current logbook or any logbook 

thereafter." 

10. Flying High has failed lo keep records establishing the total time it: service of 

the propeller installed on N8087S. 

in. 

By reason of the foregoing facts and circumstiinces, Respondent violated the follo^ving 

sections of the Federal Aviation Regulations (Title 14, Code of Federal Regulations); 

a. 91.417(a)(2)(i), which states, in pertinent part, that each registered owner or 

operator shall keep the following records for the periods specified in 

paragraph (b) of this section: R^scords containing the total lime in stn'ice of 

each propeller. Pursuant to 14 CFR § 9L4l7(b)(2), the records specified in 

paragraph (a)(2) of this section shall be retained and transferred witti the 

aircraft at the time the aircraft is sold; and 
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12/09/2011 08.54 FAI 3107256815 .Atfp-7 0010 

b. 91.203(a)(1), which states that no person may operate a civil aircraft unless it 

has within it the following: An. appropriate and current airworthiness 

cenitlcate. 

rv 

1. Pursuant to Title 49 U.S.C. Section 4630U'a)(5)(Aj, Respondent is subject to 

a civil penalty not to exceed $11,000.00 for each of the violations alleged 

2, Under the facts and circumstances of this case, a civil penally of Se,200.00 is 

appropriate. 

WHEREFORE, the Complainant, respectfully requests that the Administrstive LawJudge enter an order that Respondent be assessed a civil penalty in the amount of S;6,200.00 

Respectfully submitted. 

Adam Runkel 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

DATED: LLLO?:0: ^ 
12/15/2011 16:51 FAX 2024935142 FAA ^ DMS @)011/015 

12/09/;011 08:54 FA I 3107258816 AWP-' I2]011 

U.S. DEPARTMENT OF TRANSPORTATION 

OFHCE Of HEARINGS 

WASHINGTON, DC 

III the Matter of Flying High, LLC: 

FAA DOCKET UNASSIGNED 

FAA CASE NO. 20nWP070116 

Respondent 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Cornplaint, pursuant to Rule 208 of the Rules of Practice 

(14 C.F.R. 13,208), and scaces as follows: 

L 

Respondent, Flying High, LLC, (Flying High) was advised through a Final Notice of 

Proposed Civil Penalt5% dated November 22, 2011, that the FAA proposed tu asse?,s a civil 

penalty in the amount of $6,200.00. On December 6, 2011, Respondent submitted a written 

request for a hearing. 

IL 

1. Flying High is now, and at all tunes mentioned herein, was the owner of a 

Cessna C-150F aircraft, Ci-^-il Regisuration No. N8087S. 

2. At all relevant times Sean Cooke was the manager of Flying High. 
12/15/2011 16:51 FAX 2024935142 

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FAA 

.AWP-' 

- DMS 21012/01 5 

001 2 

3. On or about June 1, 2010, Anthony Bell made an entry in the maintenance 

record of N80S7S stating that he had performed an annual inspection and that 

the total time in service for the propeller on N8087S was unknowr. 

4. On or about January 21, 2011, the FAA sent a letter to Mr. Cooke stating thai 

the maintenance log entry for ;in annual inspection performed on J jne 1, 

2010, did not have an entry for the propeller total time in service. 

5. On January 31. 2011, the SDL FSDO received a letter from Mr. Cooke. In 

his letter he stated that "there i>s no annotation as to,. .how many hours are on 

the propeller." In his letter he also stated that "[t]hese items will be corrected 

as soon as possible, but no latex than 60 days from today's date. The aircraft 

u-ill not be flown before these items have been accomplished," 

6. On or about Febniary 16, 2011, Mr. Bell made an entry in the maintenance 

record orN80S7S slating that 'Total Airframe Time and Propeller limes have 

been researched and found to be in error." The entry also staled thai the total 

time m service for the propeller on N8087S was unknown. 

7. On or about February 16, 2011, Flying High operated N8087S by authorizing 

a flight from Stellar Airpark (P19) near Chandler, /Arizona, to Falcon Field 

Airport (FFZ) near Mesa, Arizona. 
12/15/2011 16.51 FAX 2024935142 

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FAA 

AWP- 7 

- DMS 1^013/015 

12)013 

8. Mr, Cooke was informed by a letter sent by the FAA, dated April L1, 2011 = 

that the maintenance records for N8087S did not have the total liiije in 

service for the listed propeller. 

9. On or about April 21, 201U the SDL FSDO received a letter from Mr. 

Cooke. He again acknowledged that ""Injo record of the total time in service 

or lime since overhaul was made in the current logbook or any logbook 

thereafter." 

10. Flying High has failed to keep records establishing the total time ir. serv^lce of 

the propeller installed on N8087S. 

III. 

By leason of the foregoing facts and circumstances, Respondent violated the following 

sections of the Federal Aviation Regulations (Title 14, Code of Federal Regulaiioiis): 

a. 91.417(a)(2)(i), which states, in periinem pan, that each registered ..^wner or 

operator shall keep the following records for The periods specified i fi 

paragraph (b) of this section: R-ecords containing the total time iu sen'ice of 

each propeller. Pursuant to 14 CFR § 91.417(b)(2), the records specitied in 

paragraph (a)(2) of this section shall be retained and transferred wnh the 

aircraft at the time the aircraft is sold; and 
12/15/2011 16 51 FAX 2024935142 FAA - QMS @1014/015 

12/09/2011 08:54 FA X 3107256816 AffP-7 ^'^'•^ 

b. 91.203(a)(1), which states that no person may operate a civil aircraft unless it 

has within it the following'. AT, appropriate and current air*worthiness 

certificate. 

rv 

1. Pursuant to Title 49 U.S.C. Section 46301 (a)(5)(A), Respondent is subject lo 

a civil penalty not to exceed 511,000.00 for each of the violations alleged. 

2- Under the facts and circumstances of this case, a ci^Sl penalty of $^,200.00 is 

appropriate. 

WHEREFORE, the Complainant. rcspsctfUlIy requests thai the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of 3;6.200.00 

Respectfully submitted, 

Adam Rimkel 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

We:>tcrri'Pacific Region 

DATED". U:L. 0 9 zor 
12/15/2011 16:51 FAX 2024935142 

12/09/2011 08:54 FAJC 3107256816 

FAA 

AWP--

- QMS @)015/015 

ElOLo 

CERTIFICATE OF SERVICE 

1 hereby certify that on this date 1 have sant by facsimile and placed in the United 

States mail, postage prepaid, certified mail - return receipt requested, the executed original 

and one copy of the Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Atm: Hearing Docket CUerk, AGC-430 

Wilbur Wright Building—Suite 2 W1000 

Facsimile: (202) 493-5142 

I fiirther certify that on this date I have placed in the United States mail, pc'Stage 

prepaid, certified mail — return receipt requested, and regular mail, a tnie copy of the 

Complaint, addressed as follows: 

Flying High, LLC 

Atm: Scan Benjamin CookCj Manager 

3309 E. Milky Way 

Gilbert. A Z 85295 

Dated: L'Eo 0 9 20';i 

Office of the Regional Counsel* 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California