Q 

U.S. Department 

of Transportation 

Federal Avicition 

Administration 

Southwest Region 

Artcansas, Louisiana, 

New Mexico, Okiationia 

Texas. ,- , 

Office of Regional Counsel 

2601 Meactiam Blvd., Rm. 663 

Fort Worth, TX 76137-0007 

(817)222-5099 

(817) 222-5945/5092 FAX 

November 16,2010 

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 

In the Matter of Oklahoma Skydiving Center 

Docket No. CP - To Be Assigned 

Case No. 2009SW150061 

:'r4 ao 

C O 

Dear Sir or Madam: 

Enclosed are the original and one copy of the Complaint in the above-referenced proceeding. 

The Complainant requests that the hearing in this matter be held in the Oklahoma City, 

Oklahoma, area and expects that the hearing will last one (1) day. 

Please serve me with all documents in this matter. 

Gregory S. Lander 

Attorney, Safety Enforcement Branch 

Federal Aviation Administration 

2601 Meacham Blvd. 

Fort Worth, Texas 76137-0007 

Telephone: 817-222-5083 

Facsimile: 817-222-5945 

zoryS.Lapaer 

Atfom&y;::^afetY.Eiirorcement Branch 

Safety Enforcement Branch 

Enclosure 

Oklahoma Skydiving Center 

COMPLAINT: 2009SW150061 
I^B ^ 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

Oklahoma Skydivmg Center 

FAA Case No. 2009SW150061 

FAA Docket CP No. - To Be Assigned 

Judge - Not Yet Assigned 

Respondent Oklahoma Skydivmg Center was advised tlibUgh a Nbtice of Proposed Civil' 

Penalty that the FAA proposed to assess a civil penalty in the amount of $8,000.00. On 

November 4, 2010, Respondent submitted a written request for a hearing. 

II. 

1. At all times pertinent herein, Oklahoma Skydiving Center was the operator of a Cessna 

P206A aircraft, civil aircraft N4682F, serial number P206-0282. 

2. On July 11,2009, personnel from the Oklahoma City Flight Standards District Office 

(OKC FSDO) performed an inspection of aircraft N4682F. 

3. At the time of the FAA's inspection, the aircraft's tachometer indicated 8344.3 hours. 

6. 

Right hand flap cracked 

• Left hand passenger side window cracked and duct taped 

The Aircraft Condition Notice described above noted that the items listed "are" 

considered to be an imminent hazard to safety. Operation of the aircraft prior to 

correction "will" be contrary to pertinent Federal Aviation Regulations. A special Flight 

Permit "will" be required to be issued prior to operation if corrective action has not been 

taken. 

Mr. Jack Reeves was personally shown each of the discrepancies by the FAA Inspectors, 

and handed the condition notice. 

Oklahoma Skydiving Center 

COMPLAINT: 2009SW15006I 
7. Shortly thereafter, the inspectors watched N4682F taxi by their location, observing at 

least two (2) skydivers on board, and then take-off. 

8. No corrective action with regard to the Aircraft Condition Notice has been received by 

the OKC FSDO. 

9. On January 20,2010, hispectors from the OKC FSDO again inspected N4682F, as well 

as the aircraft's maintenance records. 

10. The aircraft's logbook showed that the discrepancies listed on the above referenced 

condition notice, including the cracked window and flaps, were corrected by a 

certificated mechanic on July 17,2009, at aircraft tachometer time of 8364.0 hours. 

11. N4682F had accimiulated 19.7 hours between the initial FAA inspection (condition 

notice issued) and the date the A&P mechanic indicated that he had taken corrective 

action, approximately six (6) days later. 

12. By reason of the foregoing, Oklahoma Skydiving Center violated the follov^ng sections 

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

a. Section 91.405(a), when, as the operator of an aircraft, it did not have that aircraft 

inspected as prescribed in subpart E, and did not between required inspections .. . 

have discrepancies repaired as prescribed in part 43 of this chapter; 

b. Section 91.7(a), when it operated a civil aircraft in an airworthy condition; and 

c. Section 91.13(a), when it operated an aircraft in a careless or reckless manner so 

as to endanger Ihe life or property of another. 

m. 

1. Under 49 U.S.C. § 46301, Oklahoma Skydiving Center is subject to a civil 

penalty for each of the violations alleged. The maximum penalty per violation is $11,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of $8,000.00 is 

appropriate. 

Complainant respectfiilly requests that the administrative law judge enter an order that 

Respondent Oklahoma Skydiving Center be assessed a civil penalty in the amoxmt of $8,000.00. 

Submitted thi/l6th dav of November 2010 

LYNETTEWORU 

Regional Cotmse 

SouthwesiRegi 

By: 

Gregory 

Oklahoma Skydiving Center 

COMPLAINT: 2009S W150061 
Attorney, Safety Enforcement Branch 

Federal Aviation Administration 

2601 Meacham Blvd. 

Fort Worth, Texas 76137-0007 

Telephone: 817-222-5083 

Facsimile: 817-222-5945 

gregorv.s.lander(a),faa.gov 

Oklahoma Skydiving Center 

COMPLAINT: 2009SW150061 
CERTIFICATE OF SERVICE 

I certify that the foregoing original Complaint and one copy have been mailed this date 

by Certified Mail, Return Receipt Requested, to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn; Hearing Docket Clerk, AGC-430 

^^^^^^^—'YriigbMHij^ffig&^jntei^ 

'Brel-iPE," Ulenn; tisq' 

414N.W. 4thSt. 

Suite 200 

Oklahoma, OK 73102 

(405) 702-4980 

(405) 702-4984 (FAX) 

Counsel for Oklahoma Skydiving Center 

'rogram Analyst 

Federal Aviation Administration 

Southwest Region 

Office of the Regional Counsel 

Date: //-/U-/0 

Oklahoma Skydiving Center 

COMPLAINT: 2009SW150061 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

r\ 

In the Matter of: 

Oklahoma Skydiving Center 

FAA Case No. 2009SW150061 

FAA Docket CP No. - To Be Assigned 

Judge - Not Yet Assigned 

COMPLAINT 

The Complainant files its complaint, under Rule 208 of the Rules of Practice in FAA 

Civil Penalty Actions, 14 C.F.R. § 13.208, and states the following: 

Respondent Oklahoma Skydiving Center was advised through a Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of $8,000.00. On 

November 4,2010, Respondent submitted a written request for a hearing. 

II. 

1. At all times pertinent herein, Oklahoma Skydiving Center was the operator of a Cessna 

P206A aircraft, civil aircraft N4682F, serial number P206-0282. 

2. On July 11, 2009, personnel from the Oklahoma City Flight Standards District Office 

(OKC FSDO) performed an inspection of aircraft N4682F. 

3. At the time of the FAA's inspection, the aircraft's tachometer indicated 8344.3 hours. 

4. At the conclusion of the FAA inspection, an "Aircraft Condition Notice," FAA Form 

8620-1, was issued by Inspector West listing the following discrepancies: 

• Pilot Seat stops do not meet manufacturer specifications (bolts installed) 

• Left hand flap has hole 

• Right hand flap cracked 

• Left hand passenger side window cracked and duct taped 

5. The Aircraft Condition Notice described above noted that the items listed "are" 

considered to be an inmiinent hazard to safety. Operation of the aircraft prior to 

correction "will" be contrary to pertinent Federal Aviation Regulations. A special Flight 

Permit "will" be required to be issued prior to operation if corrective action has not been 

taken. 

6. Mr. Jack Reeves was personally shown each of the discrepancies by the FAA Inspectors, 

and handed the condition notice. 

Oklahoma Skydiving Center 

COMPLAINT: 2009SW150061 
7. Shortly thereafter, the inspectors watched N4682F taxi by their location, observing at 

least two (2) skydivers on board, and then take-off. 

8. No corrective action with regard to the Aircraft Condition Notice has been received by 

the OKC FSDO. 

9. On January 20,2010, Inspectors from the OKC FSDO again inspected N4682F, as well 

as the aircraft's maintenance records. 

10. The aircraft's logbook showed that the discrepancies listed on the above referenced 

condition notice, including the cracked window and flaps, were corrected by a 

certificated mechanic on July 17, 2009, at aircraft tachometer time of 8364.0 hours. 

11. N4682F had accumulated 19.7 hours between the initial FAA inspection (condition 

notice issued) and the date the A&P mechanic indicated that he had taken corrective 

action, approximately six (6) days later. 

12. By reason of the foregoing, Oklahoma Skydiving Center violated the following sections 

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

a. Section 91.405(a), when, as the operator of an aircraft, it did not have that aircraft 

inspected as prescribed in subpart E, and did not between required inspections .. . 

have discrepancies repaired as prescribed in part 43 of this chapter; 

b. Section 91.7(a), when it operated a civil aircraft in an airworthy condition; and 

c. Section 91.13(a), when it operated an aircraft in a careless or reckless manner so 

as to endanger the life or property of another. 

III. 

1. Under 49 U.S.C. § 46301, Oklahoma Skydiving Center is subject to a civil 

penalty for each of the violations alleged. The maximum penalty per violation is $11,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of $8,000.00 is 

appropriate. 

Complainant respectfully requests that the administrative law judge enter an order that 

Respondent Oklahoma Skydiving Center be assessed a civil penalty in the amount of $8,000.00. 

Submitted thi/l6th dav of November 2010. 

LYNETTE WORD„ 

Regional Counse} 

Southwest Regie 

Oklahoma Skydiving Center 

COMPLAINT: 2009SWI5006I 
Attorney, Safety Enforcement Branch 

Federal Aviation Administration 

2601 Meacham Blvd. 

Fort Worth, Texas 76137-0007 

Telephone: 817-222-5083 

Facsimile: 817-222-5945 

eregorv.s.lander(Q),faa.gov 

Oklahoma Skydiving Center 

COMPLAINT: 2009SW150061 
CERTIFICATE OF SERVICE 

I certify that the foregoing original Complaint and one copy have been mailed this date 

by Certified Mail, Return Receipt Requested, to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

I certify that a copy of the Complaint has been mailed this date by Certified Mail, Return 

Receipt Requested, to: 

Bret A. Glenn, Esq. 

414N.W.4thSt. 

Suite 200 

Oklahoma, OK 73102 

(405) 702-4980 

(405) 702-4984 (FAX) 

Counsel for Oklahoma Skydiving Center 

\j\il5en Ayartarf*rogram Analyst 

Federal Aviation Administration 

Southwest Region 

Office of the Regional Counsel 

Date: JizlkJll P 

Oklahoma Skydiving Center 

COMPLAINT: 2009SW150061 
BRET A. GLENN 

ATTORNEY AT LAW 

A PROFESSIONAL CORPORATION 

414 N.W. 4TM Street, Suite 200 

Oklahoma City, Oklahoma 73102 

Telephone 

Facsimile 

(405) 702-4980 

(405)702-4984 

November 4,2010 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Re: 

Case No. 

Oklahoma Skydiving Center 

2009SW150061 

REQUEST FOR HEARING 

Docket Hearing Clerk, 

Please allow this letter to serve as Oklahoma Skydiving Center's request for 

hearing in the above referenced case. This case involves a Final Notice of Proposed Civil 

Penalty dated October 21, 2010, a copy of which is attached hereto. I have also enclosed 

an Answer to the notice of the proposed action. 

In accordance with 14 CFR 13.35(2)(b), the above referenced action is a Final 

Notice of Proposed Civil Penalty involving allegations my client violated Sections 

91.405(a), 91.7(a) and 91.13(a) of the Federal Aviation Regulations. My client denies 

these allegations and requests a hearing on this matter. 

If you have any questions, please do not hesitate to contact my office. 

Respectfully, S^^^ 

Bret A. Glenn 

Attomey at Law, P.C. 

d 
CERTIFICATE OF MAILING 

I hereby certify that I have this date mailed, by regular mail, an original and one 

copy of the foregoing Request for Hearing addressed to: 

Federal Aviation Administration 

Attn: Docket Hearing Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

800 Independence Avenue, SW 

Washington, DC 20591 

Dated: 

Fort Worth, Texas 76137-0007 

J^C ^ 

Bret A. Glenn 
J 

BRET A. GLENN 

ATTORNEY AT LAW 

A PROFESSIONAL CORPORATION 

414 N.W. 4TM Street, Suite 200 Telephone (405)702-4980 

Oklahoma City, Oklahoma 73102 Facsimile (405) 702-4984 

November 4,2010 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Re: Oklahoma Skydiving Center 

Case No.: 2009SW150061 

REOUEST FOR HEARING 

Docket Hearing Clerk, 

Please allow this letter to serve as Oklahoma Skydiving Center's request for 

hearing in the above referenced case. This case involves a Final Notice of Proposed Civil 

Penalty dated October 21,2010, a copy of which is attached hereto. I have also enclosed 

an Answer to the notice of the proposed action. 

In accordance with 14 CFR 13.35(2)(b), the above referenced action is a Final 

Notice of Proposed Civil Penalty involving allegations my client violated Sections 

91.405(a), 91.7(a) and 91.13(a) of the Federal Aviation Regulations. My client denies 

these allegations and requests a hearing on this matter. 

If you have any questions, please do not hesitate to contact my office. 

Respectfully, 

Bret A. Glenn 

Attomey at Law, P.C. 

c 
CERTIFICATE OF MAILING 

I hereby certify that I have this date mailed, by regular mail, an original and one 

copy of the foregoing Request for Hearing addressed to: 

Federal Aviation Administration 

Attn: Docket Hearuig Clerk, AGC.430 

Wilbur Wright Building - Suite 2W1000 

800 Independence Avenue, SW 

Washington, DC 20591 

Dated: Ij/^^/^OH) 

Bret A. Glenn