o 

U.S. Departmentof Tronsporlation 

Federal Aviation 

Administration 

APR 1 1 2012 

Southwest Region 

Arkansas, Louisiana, 

New Mexico. Oklatioma 

Texas 

jional Counsel 

2601 Meacham Blvd.. Rm. 663 

Fort Wortti. TX 76137-0007 

(817) 222-5099 

(817) 222-5945/5092 FAX 

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V 

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April 3, 2012 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED and Facsimile 

Federal Aviation Adminislration 

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 - CP10SW0020 I n i -x 

CaseNo. 2009SW150061 / f ^ O-OlO"*' ^ 

Dear Sir or Madam: 

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

proceeding.^ 

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 

Eritt E. Andepson 

Acting RegifinaUCounsel 

SouthwestAeeipn 

Gr^^C|^;:;§J^aiTd_ 

Attorney, S§ftty-Enferc^em Branch 

Safety Enforcement Branch 

Enclosure 

Oklahoma Sk"j'diving Center 

AMENDED COMPLAINT: Cr'IOSW0020 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

Oklahoma Skydiving Center 

FAA Case No. 2009SW150061 

FAA Docket CP No. - CP10SW0020 

Judge - Richard C. Goodwin 

AMENDED COMPLAINT 

The Complainant files its AMENDED complaint, under Rule 208 of the Rules of 

Practice in FAA Civil Penalty Actions. 14C.F.R. § 13.208. The Amendment is in the form of 

a nunc pro tunc action in that a word was misspelled in the original COMPLAINT. The 

Amended Complaint states the following: 

I. 

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 lime 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 

Oklahoma Skydiving Center 

AMENDED COMPLAINT: CP10S\V0020 
5. 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. 

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

and handed the condition notice. 

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 unairworthy 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. 

Oklahoma Skydiving Center 

AMENDED COMPLAINT: CP10SW0020 
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 this 3d dav of April 2012. 

Eric E. Anderson 

Acting Regiopa 

South west^I^^i 

By: 

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.landerf?f)faa.gov 

Oklahoma Skydiving Center 

AMENDED COMPLAIN r:CP10SW0020 
CERTIFICATE OF SERVICE 

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

by Certified Mail, Return Receipt Requested, and via facsimile to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Atln: 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, and via facsimile to: 

The Honorable Richard D. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Tel: 202-366-2139 

Fax: 202-366-7536 

Bret A. Glerm, Esq. 

414N.W. 4thSt. 

Suite 200 

Oklahoma, OK 73102 

(405) 702-4980 

(405) 702-4984 (FAX) 

Counsel for Oklahoma Skydiving Center 

,ander / 

Federal AvTS.1ioiuA^iTunistration 

Southwest Region 

Office of the Regional Counsel 

Date: April 3. 2012 

OklalioniaSkyJiving Ccnici 

AMENDliD COMPLAINT CPWSW0020