08/11/201 1 14:50 FAX 2024935U 2 FAA ^DM S ^001/00 4 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON. DC. 

Offrce of Regional Counsel 

Federal Aviation Admiiiistnilion f '* /-;.:-; \ M .. 

Complainant 

#CP09EA0015 

vs. 

^"''/" '1 

Helicopter Flitc Inc. 

c^6C^-CS7f ^ 

;—^ "J -

Respondent — ,3'^^ " 

=-<ji~i--

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that I have this day served the foregoing entnes:' " 

RESPONDENTS PETITION TO QUASH COMPLAINANTS PETITION TO MODIFY 

ORDER 2011-6 

upon all parties of record in this proceeding, in accordance with the requirements 

of § 33.32 of the General Rules of Administrative Practice and Procedure, 1 Pa. 

Code § 33.32 (relating to service by a participant). 

Service bv CERTIFIED M/UL- RETURN RECEIPT CONFIRMED to: 

Federal Aviation Administration 

Attention Hearing Docket Clerk AGC-430 

Wilbur Wright Building-SuLte 2W1000 

600 Independence Avenue, S.W. 

Washington, DC.20591 

Fax 202 493 5142 

Sent by Regular Mail to: 

Joseph A. Conte 

Manager, Speciail Emphasis Enforcement 

Enforcement Division, AGC-300 

Office of Chief Justice 

Federal Aviation Administration 

800 Independence Avenue, SW 

Page 1 of 2 

o9£? 
08/U/201 1 U.50 FAX 2024935U2 FAA - D^S @002/00a 

Washington, DC. 20591 

J Randolph Babbitt 

Administrator 

Department of Transportation 

Main Office 

800 Independence Avenue, SW 

Washington, DC. 20591 

By 

Floyd Hoffman 3 

190 Decker Lane 

Weatherly, PA. 18255 

Date n-S^- n 

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08/11/201 1 14:5 1 FAX 2024935112 FAA - QMS ©003/004 

U.S. DEPARTBIENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON. DC. 

Office of Regional Counsel 

Federal Aviation Administration 

Complainant 

#CP09EA0015 

vs. 

Helicopter Flite» Inc. 

Respondent 

RESPONDENTS PETITION TO QUASH COMPLAINANTS PETITION TO MODIFY 

ORDER 2011-6 

Reg Judicat a 

AND NOW. comes the Respondent Floyd Hoffman, principle for Helicopter Flite, 

Inc. whom avers and files the following pursuant to Complainants Petition to 

Modify the Order of 2011 -6: 

1. The final order in this case dated Jun e 13, 2011, reversed the ALJs decision 

and no civil penalty was assessed. 

2. Complainants failed to file a notice of appeal in accordance to §13.234 within 

10 days, which was required prior to the cotirt considering the Petition for 

Modification. 

3. On -July 13, 2011 (Draft date), complainant filed a Petition to Modify the Order 

of 20] 1-6. 

- 1 -
08/11/2011 14 51 FAX 2024335142 FAA - DMS 1^004/004 

4. The petition merely sought clarifications: 

a. That it would not be appropriate procedural discretion to impose a civil 

penalty. 

b. Requesting to find respondent in non-compliance of 135.25, despite nor 

performing any flights after the exclusive use aircraft was sold. 

c. Requesting no preclusion to imposing a civil pcnalty-in order to find a 

technical violation or a violation in theory only. 

5- It is the respondent's argument that the appeal by complainants was never filed 

and the case thereby is Res Judicata and the clarifications are irrelevant. 

WHEREFORE, The Principle, Floyd Hoffman prays this Honorable Court will 

Quash the Petition to Modify Order 201 1-6 

Respectfully Submitted 

Flo/d Hoffi^ai 

Date 1~^^-/\ 

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