Q 

U.S. Department 

of Transportation 

Federal Aviation 

Administratioii 

-:''TARTMENTOF 

• , -r /-jpr^osfej ^ Region 

-' ^•' '-Wnbe brthe Regional Counsel 

,n 2- 2U 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Telephone: (310) 725-7110 

Facsimile: (310)725-6816 

December 10,2010 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -- Suite 2W1000 

i^ECEIVED 

oec 2 0 20O 

HEARING DOCKET 

Re: In the Matter of Sky Kmg, Inc.; Case No. 2010WP250029 Qj?tbhltK ^C>l V /^OlO'/^/ b 

Enclosed is a copy of a request for hearing dated November 30, 2010, and the original and one 

copy of the Complaint in the above-referenced proceeding. 

We request that the hearing in this matter be held in the Sacramento, California area, and expect 

that the hearing will last one (1) day. 

Please address all communications for the Regional Counsel of the Western-Pacific Region, to 

the imdersigned, at: Office of the Regional Counsel, AWP-7, Federal Aviation Administration, 

Western-Pacific Region, P. O. Box 92007, Los .\ngeles, CA 90009-2007, Telephone: (310) 

725-7110, FAX: (310)725-6816. ^ 

Sincerely, 

Naomi Tsuda 

Regional Counsel 

By: JJALL J_ a^C^^e^'^^ 

Lisa J. ToSCano 

Attorney 

Enclosures: Request for Hearing; Complaint; Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT LATER 

THAN 30 DAYS AFTER SERVICE OF THE COMPLAI>JT. AS AN ALTERNATIVE TO 

FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT TO SECTION 13.208(D) 

OR SECTION i3.218(F)(l-4) OF THE RULES OF PRACTICE. 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

Sky King, Inc. 

Respondent 

FAA DOCKET 

FAA CASE NO. 2010WP250029 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 

C.F.R. 13.208), and states as follows: 

I. 

Respondent, Sky King, Inc., was advised through a Notice of Proposed Civil Penalty and 

a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of $16,500.00. On November 30, 2010, Respondent submitted a written request for a 

hearing. 

II. 

1. Sky King, Inc. is, and at all times mentioned herein was, the holder of Air Carrier 

Certificate No. KNNA851I, authorized to conduct supplemental air carrier operations 

under parts 119 and 121 of the Federal Aviation Regulations (FAR) (14 C.F.R. part 119 

and 121). 
2. At all times relevant herein. Sky King, Inc.'s operations specifications authorized it to 

conduct operations imder 14 C.F.R. part 121 using civil aircraft N465AT, a Boeing 737-

200. 

3. On or about February 5, 2010, Sky King, Inc. performed the following alteration on 

N465AT: 122 to 100 seat reconfiguration with installation of cabin storage containers. 

4. Sky King, Inc. corresponding maintenance record entries docvmient the said alteration 

was performed in accordance with Sky King, Inc. Aircraft Change Order (ACO) Number 

102502 and include an RII Inspector's review, inspection, and sign-off of the work 

performed. 

5. In performing the above-described alteration, Sky King, Inc. failed to use the methods, 

techniques, and practices prescribed in the approved data in that the cabin storage 

containers were improperly installed: numerous screws were missing and numerous 

screws were loose. 

6. On February 17, 2010, the Federal Aviation Administration notified Sky King, Inc. of the 

improper installation and on February 17, 2010, Sky King, Inc. recorded the following 

maintenance discrepancy: "Screws missing or loose on both Cabin Storage Containers." 
III. 

By reason of the foregoing facts and circumstances. Respondent violated the following Federal 

Aviation Regulations (Title 14, Code of Federal Regulations): 

a. Section 43.13(a), which states: Each person performing maintenance, alteration, or 

preventive maintenance on an aircraft, engine, propeller, or appliance shall use the 

methods, techniques, and practices prescribed in the current manufacturer's maintenance 

manual or Instructions for Continued Airworthiness prepared by its manufacturer, or 

other methods, techniques, and practices acceptable to the Administrator, except as noted 

in § 43.16; and 

b. Section 121.379(b), which states: A certificate holder may approve any aircraft, 

airframe, aircraft engine, propeller, or appliance for return to service after maintenance, 

preventive maintenance, or alterations that are performed under paragraph (a) of this 

section. However, in the case of a major repair or major alteration, the work must have 

been done in accordance with technical data approved by the Administrator. 

IV. 

1. Pursuant to Title 49 U.S.C. Section 46301, 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 penalty of $16,500.00 is 

appropriate. 
- 4 -

WHEREFORE, the Complainant, respectfiilly requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $16,500.00. 

We are aware that Sky King, Inc. has filed a voluntary petition for relief under Chapter 

11, Title 11, United States Code (In re Sky King, Inc., United States Bankruptcy Court for the 

Eastern District of California, Case No. 10-25657). Accordingly, this is not a demand for 

payment to the extent prohibited by Section 362(a) of the Code. 

Respectfiilly submitted. 

TloCMf^ 

Lisa 3. Tescano 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

DATED: December 10, 2010 
CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by facsimile and placed in the United States 

mail, postage prepaid, certified mail, the executed original of the Complaint, addressed as 

follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Facsimile: (202) 493-5142 

I fiirther certify that on this date I have placed in the United States mail, postage prepaid, 

certified mail, a true copy of the Complaint, addressed as follows: 

Gregg P. Lukenbill, Agent for Service 

Attn: Stephen A. Badger, VP Flight Operations 

And Director of Safety and Security 

Sky King, Inc. 

3600 Power Inn Road, Suite H 

Sacramento, CA 95826 

Dated: December 10, 2010 

\.gnes Ebilane 

CJ-^r ^ 

Agnes

Legal Technician 

Office of the Regional Coimsel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California