01/20/2010 13:29 FAX 2024935142 FAA •>• DM S 

REC 

0001/009 

Q 

Southern Region 

Office of the Regionai Counsel 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

OtC 1 8 Z009 

CERTIFIED - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenuc> SW 

Washington, DC 20591 

Atlanta, Georgia 30320 

(4CW) 305-520D 

(404)305-5223 FAX c:.-

CM § 

Re: In the Matter of Skydive Kentucky LLC 

FAA Case No. 2008CE170150 

t9b(\t£00DJ /^"^'i - l^^^l 

Bnclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Louisville, KY area, and expect.'? 

that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

I ' 

Sincerely, ' 

TANEESHA D. MARSHA 

Attorney 

Office of the Regional Counsel 

Enclosures 
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THE GAILOR LAW OFFICE, PLLC 

ALLEN K. GAILOR 

ANDRCW K. GAILOR 

JASON DATTILO 

100 PROFESSIONAL ARTS BuiLDINO 

730 WKST MARKET STREET 

LouisviLLt, KENTUCKY 40202 

TELEPHONE: (502) 584-7217 

FACSIMILE: (502) 584-4848 

WWW.GAIL0RLAW.COM 

December 9, 2009 

Hearing Docket Clerk 

Hearing Docket 

FAA 

AGC-400 Room 2014 

600 Independence Ave., S.W. 

Washington D.C-, 20591 

In Re : 2008CEI70150 

Skydive Kentucky LLC 

N5927B, Cessna 182A 

Dear Sirs: 

This office represents Skydive Kentucky LLC concerning the above referenced matter. 

ivfs. Taneesha D. Marshall, Attorney, Office of the Regional Counsel, sent a letter to Skydive 

Kentucky LLC dated November 19, 2009, copy attached, entitled Final Notice of Proposed Civil 

Penalty. The letter on page three (3) provides that an order assessing civil penalty would be entered 

unless a written request for a hearing was made. 

Skydive Kentucky LLC now requests a hearing concerning 2008CE170150. 

If there are any questions, please contact me directly. 

AKG/hrs 

Enclo-surc 

CC: Taneesha D. MaT.shall, Attorney 

Office of Regional Counsel 

P.O. Box 20636 

Adanla. Georgia 30320 

KiJ Regular Mail anil Facsimile to (404)305-5223 

Vej-y sincerely. 

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""STTen K. ( ailor / 

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•••• 1 

• i n '1 ' 
01/20/201 0 13:2 9 FAX 2024935142 FAA * DMS 0003/000 

U.S. DEPARTMENT OF TRANSPORTATION RECEIV E r^* 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION DEC 2 9 2008 

HEARING DOCKET 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Skydive Kenmcky LLC 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to 

Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

1. 

On November 19, 2009, Respondent, Skydive Kentucky LLC was advised through a Final 

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

of $3,400. On December 9, 2009, the Agency Attorney received a written request for a hearing 

from the Respondent. 

TI. 

1. At all material times, you were the owner of civil aircraft N5927B, a Cessna 

182A. 

2- Prior 10 August 30, 2008, you had not registered N5927B. 

3. On or about August 30,2008 N5927B was operated in a civil flight departing 

from Addington Field in Elizabethtown, Kentucky. 

4. N5927B experienced an engine failure. 

5. The above operation terminated in an emergency landing in a field. 

6. N5927B was a nonturbine-powered small airplane. 
01/20/2010 13:29 FAX 2024935142 FAA * DMS 0004/006 

7- At the time of the above flight, N5927B had an inoperative fuel gauge. 

8. At the time of the above flight, the above fiiel gauge was not placarded 

"Inoperative". 

9. 8You did not have a letter of authorization, issued by the Administrator, al lowing 

you to fly with inoperative equipment. 

10. At the time of the above flight, N5927B was not airworthy. 

11 - At the time of the above flight, N5927B did not carry temporary authority to 

operate without registration. 

m. 

1. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

a. 47.3(b) in that no person may operate an aircraft that is eligible for 

regi.stration under 49 U-S.C. 44101-44104 unless the aircraft- (1) has been registered by its 

owner; (2) is cai-rying aboard the temporary authority required by 47.31 (b); or (3) is an aircrall of 

the Armed Forces. 

b. 91.7 in that no person may operate a civil aircraft unless it is in an 

airworthy condition. 

c. 91.213(a) in that, except as provided in paragraph (d)" of this section, no 

person may take off an aircraft with inoperative instruments or equipment installed unless the 

following conditions arc met: 

d. 91.213(a)(2) The aircraft has within it a letter of authorization, issued by 

the FAA Flight Standards district office having jurisdiction over the area in which the operator is 

located, authorizing operation of the aircraft under the Minimum Equipment List. 

e. 91.405(d) in that each owner or operator of an aircraft - (d) When listed 

discrepancies include inoperative instruments or equipment, shall ensure that a placard has been 

installed as required by § 43.11 of this chapter 

2. Pursuant to 49 US.C. Sections 46301(a)-(d), Respondent is subject to a civil 

penalty not lo exceed $1,100 for each of the violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of S3,400 is 

appropriate. 
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WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $3,400. 

Respectfully submitted this 1il6 da L y of December, 2009 

fANEESHA D. MARSI 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 

CERTIFICATE OF SERVICE 

I hereby certiiy that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk (original -i-1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Allen K. GailoT, Esq. 

Gailor Law Office 

730 West Market Street 

100 Profe.<;sional Arts Building 

Louisville, KY 40202-2744 

DEC I S 

Dated 
01/20/2010 13:29 FAX 2024935142 FAA 

OEC-09-5009(lil£D) Id; 16 GfllLOR LAW OFFICE 

•i- DM S 

(Ffl)()502 584 i8i8 

giOOG/009 

P. 001/005 

THE GAILOR LAW OFFICE, PLLC 

ALLEN K. GAILOR 

ANDREW K, GAIWR 

MSON DATTII-O 

100 PROFESSIONAL ARTS BUILDNG 

730 WEST MARKET STREET 

LOUISVILLE, KENTUCKY 40202 

TELEPHONE: (S02) SS4-7217 

FACSIMILE: (502) 584-4848 

WWWXrAlLnR LAW.COM 

FAX COVER SHEET 

DATE; 

TO: 

FAX#: 

FROM: 

December 9,2009 

Taneesha D. Marshall 

(404)305-5223 

Andrew Gailor 

TOTAL PAGES: 4 

COMMENTS: Re: 2008CE1701S0 

Hard copy to follow: X yes no 

CONFIDENTIAL INFORMATION 

Thi^ Otx. conUiiiti inlbnnalion from the Gailor Law OfHu, PLLX^, wliich ii conQdeniial and/or 

legally privileged It is inwnded only for die Tjse by tlie recipieni listed above. If you are not the intended 

recipieac you are notified that any disclosure, copyinB, discnburion or the lalciiig of any action in relJauce on 

the coatems is strictly prohibited and ttiat tlic documents sliould bo returned to xlii;! -finn in^mediately. If you 

have received lax in error, please notify us immediately to arnrnge for flic rctum of the origiral document to 

U.*: St no r.O!:!. to you.