0
U.S.
Department
Office
of
the
Chief
Counsel
Enforcement Division
ofTransportation
Western
Team
Federal
Aviation
2200
South
216th
Street
Administration
Des
Moines,
WA
98198
FEDEX-
OVERNIGHT
DELIVERY,
U.S.
EXPRESS
MAIL,
U.S.
CERTIFIED
MAll..,
RETURN-RECEIPT
REQUESTED,
and
FIRST-CLASS
MAIL
MAY
10
2022
Luke T. Aikins
AND
RE: Luke T. Aikins, Case No. 2022WP070006
EMERGENCY
ORDER
OF
REVOCATION
Under
49
U.S.C. § 46105(c), the Acting Administrator has determined that
an
emergency exists
related to safety in air commerce and that immediate action to revoke your commercial pilot
certificate, remote pilot certificate, and any other certificates issued to you, excluding airman
medical certificates, is required. The reasons for this determination are set forth in the paragraph
below entitled "Determination
of
Emergency."
Based on an investigation and all evidence presently before the Acting Administrator, the Acting
Administrator finds that:
1.
You hold Commercial Pilot Certificate No. 3200763, Remote Pilot Certificate No.
4335387, and an airman medical certificate issued on
or
about October 7, 2021.
2. On or about February 28, 2022, you petitioned the Federal Aviation Administration
(FAA) for an exemption from the requirements
of
14 C.F.R. § 91.105(a)(l).
3.
The petition referenced in paragraph 2 requested authorization from the FAA for you and
Andrew Farrington to conduct flights on April 24, 2022,
in
which each pilot would depart
his aircraft and attempt to swap aircraft in-flight.
4. The petition referenced in paragraph 2 stated that both aircraft would
be
unoccupied
during the in-flight swap.
5.
On
or
about April 22, 2022, the FAA denied your petition for an exemption from the
requirements
of
14 C.F.R. § 91.105(a)(l).
2
6.
On
or
about April 22, 2022, you received the
FAA'
s denial
of
your petition for an
exemption from the requirements
of
14
C.F.R. § 91.l0S(a)(l).
7.
On or about April 24, 2022, you acted as the pilot in command
of
a Cessna model 182G
aircraft, civil registration number N3694U, on a flight that terminated in the vicinity
of
Eloy, Arizona.
8.
During the flight referenced in paragraph 7, you were the sole occupant
of
N3694U.
9. During the flight referenced in paragraph 7, while at the crewmember station you
unfastened your safety belt and then departed the crewmember station
ofN3694U
by
leaving the aircraft.
10.
Your absence from the crewmember station was not necessary to perform duties in
connection with the operation
of
the aircraft or in connection with physiological needs.
11. During the flight referenced in paragraph 7, you failed to maintain vigilance when
operating N3694U so as to see and avoid other aircraft.
12.
Your actions as described in paragraphs 8, 9, 10, and
11
were careless
or
reckless so as to
endanger the life
or
property
of
another.
13. During the flight referenced in paragraph 7, you exited the aircraft and attempted to
perform an in-flight aircraft swap with Andrew Farrington
by
skydiving from one aircraft
to another as N3694U was in a vertical dive.
14. After you exited N3694U, the aircraft remained unoccupied and crashed in the vicinity
of
Eloy, Arizona.
15. Your flight and subsequent crash were broadcast live on Hulu.
16. Your actions as described in paragraphs
13
and 14 were careless or reckless so as to
endanger the life
or
property
of
another.
As a result, you violated the following Federal Aviation Regulations:
(a)
14
C.F.R. § 91.l0S(a), which states that during takeoff and landing, and while en route,
each required flight crewmember shall -
(I)
Be at the crcwmcmber station unless the
absence is necessary to perfonn duties
in
connection with the operation
of
the aircraft or
in
connection with physiological needs; and (2) Keep the safety belt fastened while at
the crewmember station.
(b)
14
C.F.R. § 91.l 13(b), which states when weather conditions permit, regardless
of
whether an operation is conducted under instrument flight rules or visual flight rules,
vigilance shall be maintained by each person operating an aircraft so as to see and avoid
3
other aircraft. When a rule
of
this section gives another aircraft the right-of-way, the pilot
shall give way to that aircraft and may not pass over, under,
or
ahead
of
it unless well
clear.
(c)
14
C.F.R. § 91.13(a), which states that no person may operate an aircraft in a careless
or
reckless manner so as to endanger the life or property
of
another.
As a result
of
the foregoing, the Acting Administrator finds that you lack the qualifications
necessary to hold your commercial pilot certificate, remote pilot certificate, and any other airman
certificates issued to you, excluding airman medical certificates. The Acting Administrator,
therefore, has determined that safety in air commerce or air transportation and the public interest
require the revocation
of
the above-mentioned certificates. The Acting Administrator further
finds that an emergency requiring immediate action exists with respect to safety in air commerce
or air transportation. Accordingly, this Order is effective immediately.
IT
IS
THEREFORE ORDERED, pursuant to the Acting Administrator's authority under
49 U.S.C.
§§
44709 and 46105(c), that:
1)
Effective immediately, your Commercial Pilot Certificate No. 3200763, Remote Pilot
Certificate No. 4335387, and any other certificates issued to you, excluding airman
medical certificates, are revoked;
2) You must immediately surrender the above-referenced certificates
by
mail or delivery to:
Alexi Fong, FAA, Office
of
the Chief Counsel, Enforcement Division, Western Team,
2200 South 216th Street, Des Moines, WA 98198; and
3) No application for a new airman certificate issued under
14
C.F.R. part
61
shall be
accepted from you, nor shall any such certificate be issued to you for a period
of
one year
from the date
of
service
of
this Order.
If
you fail to surrender your certificates immediately, you will be subject to further legal
enforcement action, including a civil penalty
of
up to $1,644.00 for each day you fail to
surrender it.
DETERMINATION OF EMERGENCY
Under 49 U.S.C. § 46105(c), the Acting Administrator has determined that an emergency exists
related to safety in air commerce. This determination is based on your lack
of
qualifications to
hold your commercial pilot certificate, remote pilot certificate, and any other airman certificates
issued to you, excluding airman medical certificates, because
of
the nature and seriousness
of
the
violations set forth in this order.
On or about February 28, 2022, you petitioned the FAA for an exemption from the requirements
of
14
C.F.R. § 91.IOS(a)(l) to conduct an in-flight aircraft swap with Andrew Farrington. On or
about April 22, 2022, the FAA denied your petition for an exemption. After receiving the
FAA's
denial
of
your petition for an exemption, you nonetheless decided to conduct the in-flight aircraft
swap. On April 24, 2022, you operated N3694U as pilot-in-command and the aircraft's sole
occupant. During this flight, you unfastened your safety belt, departed the crewmember station
4
ofN3694U, exited the aircraft, and attempted to perform an in-flight aircraft swap with Andrew
Farrington
by
skydiving from one aircraft to the other as N3694U was in a vertical dive. After
you exited N3694U, the aircraft remained unoccupied and crashed in the vicinity
of
Eloy,
Arizona. The in-flight aircraft swap attempt and subsequent crash were broadcast live on Hulu.
Your actions, as described above, were careless and reckless so as to endanger the life and
property
of
another.
FAA Order 2150.3C, Chapter 9, paragraph 8.a.(l) states, in pertinent part:
The FAA may revoke any certificate when the certificate holder lacks the qualifications
to hold the certificate. A certificate holder may lack the qualifications to hold the
certificate because
of
a lack
of
technical proficiency or a lack
of
the care, judgment, or
responsibility required
of
the certificate holder. The certificate holder's continued
exercise
of
the privileges
of
the certificate in such circumstances would be contrary to
safety in air commerce or air transportation and the public interest.
Even when Chapter 9
of
FAA Order 2 l 50.3C recommends a suspension for a particular
violation, per paragraph 8.a.(3), an airman's deliberate conduct during one event
(e.g. a single
act, multiple acts during a single flight, or multiple flights in succession) may
be
so egregious
that it demonstrates the airman's lack
of
care, judgment,
or
responsibility.
On
April 24, 2022,
you demonstrated a lack
of
care, judgment, and responsibility by choosing to conduct an in-flight
aircraft swap that you knew would violate the Federal Aviation Regulations after receiving a
denial
of
your petition for exemption regarding the in-flight aircraft swap from the FAA. During
the in-flight aircraft swap, you left your crewmember station when it was not necessary for the
operation
of
the aircraft
or
for physiological needs. You then exited the aircraft leaving it
unoccupied and were unable to see or avoid other aircraft, ultimately resulting in a crash in the
vicinity
of
Eloy, Arizona. Your egregious and intentional actions indicate that you presently lack
the degree
of
care, judgment, and responsibility required
of
a certificate holder. Thus, your
actions as described above clearly reflect a lack
of
qualifications necessary for airman
certification.
In
conclusion, the Acting Administrator has determined that under the criteria set forth at FAA
Order 2150.3C, Chapter 7, page 3, Chapter
8,
pages 11-12, and Chapter 9, page 15, emergency
action is warranted based on your conduct as alleged in this order that demonstrates you
presently lack the degree
of
care, judgment, and responsibility required
of
a certificate holder.
The Acting Administrator, therefore, finds in accordance with 49 U.S.C.
§ 46105(c) and the
aforementioned FAA Order 2150.3C guidance that the exercise
of
the privileges
of
your
certificates while any proceedings related to the issuance
of
this order are pending is contrary to
5
the interest
of
safety in air commerce. FAA Order 2150.3C is available at www.faa.gov and can
be accessed using the search term "2150.3C."
You may appeal from this Order in accordance with the appeal procedures set forth below.
Cynthia
A. Dominik
Assistant Chief Counsel for Enforcement
By:
Enforcement Division, Western Team
2200 South 216th Street
Des Moines, WA 98198
Email: alexi. [email protected]
Telephone: (206) 231-2200 (main)
(206) 231-2168 ( direct)
(206) 231-2176 (fax)
This proceeding is governed
by
14 C.F.R. § 13.19 the NTSB's Rules
of
Practice in Air Safety
Proceedings (49 C.F.R. part 821), which are available at www.ecfr.gov. FAA compliance and
enforcement policy, including sanction guidance, can be found in FAA Order 2150.3, as
amended, which is available at www.faa.gov.
ENCLOSURES:
Access to Information under the Pilot's Bill
of
Rights
Releasable Portions
of
the Enforcement Investigative Report (FedEx and U.S. Express Mail
only)
6
APPEAL
You may appeal from this Emergency Order within ten ( I0) days from the date
of
its service,
which is
MAY
10
2022
,
by
filing a notice
of
appeal with the National
Transportation Safety Board (NTSB) Office
of
Administrative Law Judges
by
email
([email protected]): overnight delivery (Office
of
Administrative
Law
Judges, National
Transportation Safety Board, 490 L'Enfant Plaza East, SW, Washington,
DC
20594);
or
FAX
((202) 314-6158). The NTSB Rules
of
Practice in Air Safety Proceedings, 49 C.F.R. part 821,
subpart I, apply to appeals
of
emergency and other immediately effective orders.
An
executed
original and three (3) copies
of
your notice
of
appeal must be filed with the NTSB. All
documents submitted to the NTSB in a proceeding governed
by
49 C.F .R. part 821, subpart I,
must
be
filed with the NTSB
by
electronic mail, overnight delivery,
or
facsimile, and
simultaneously served
on
all other parties
by
the same means. Electronic mail filings with the
NTSB must comply with 49 C.F.R.
§ 821.7(a)(3). Therefore,
if
you appeal, a copy
of
your notice
of
appeal must also be served on the
FAA's
attorney
by
email ([email protected]); overnight
delivery at the address listed in this Emergency Order;
or
facsimile (206-231-2176).
If
you file
an appeal to the NTSB, a copy
of
this Emergency Order will
be
filed with the NTSB as the
Administrator's complaint in that proceeding.
You may also seek review
of
the
FAA'
s determination that an emergency exists in this case,
which makes this order immediately effective. You may request such review in a written petition
filed within (2) two days after your receipt
of
this order. Petitions for review
of
FAA emergency
determinations must be filed with the NTSB, with a copy
of
the
FAA'
s emergency order attached
to the petition, by electronic mail ([email protected]), overnight delivery (Office
of
Administrative Law Judges, National Transportation Safety Board, 490 L 'Enfant Plaza East,
S.W.; Washington, D.C. 20594);
or
facsimile ((202) 314-6158). Petitions for review
of
FAA
emergency determinations must simultaneously, and by the same means used for the NTSB
filing, be served
on
the
FAA's
attorney at the email, address,
or
facsimile provided in this order.
Electronic mail filing
of
a petition for review
of
the FAA emergency determination with the
NTSB must comply with 49 C.F.R.
§ 821.7(a)(3). The NTSB rules
of
practice that apply to its
review
of
the
FAA's
emergency determinations are available at 49 C.F.R. § 821.54.
The
NTSB'
s Rules
of
Practice in Air Safety Proceedings, 49 C.F .R. part 821, and other
information and announcements from the NTSB,
including instructions
for
filing documents
during the covid-19 pandemic,
are available through the
NTSB's
website
at
http://www.ntsb.gov/legaValj.
Whether
or
not you elect to appeal from this Emergency Order, you must immediately surrender
your commercial pilot certificate, remote pilot certificate, and any other airman certificates
issued to you (excluding airman medical certificates) to Alexi Fong at the address listed in this
Emergency Order. In the event that you have lost or destroyed your certificate(s), you will be
required to execute a sworn declaration setting forth the circumstances that make you unable to
surrender your certificate(s).
7
CERTIFICATE OF SERVICE
I here
by
certify that I ha
ve
se
nt the foregoing E
n~
evocation in Case No.
2022WP070006 by FedEx - o
ve
rnight deli
ve
ry (lllllllllllllllllll
ml
y),
U.S. Express Mail
(P.O.
Box
only), U.S.
Cert
ified
Ma
il
, return-receipt requ
es
ted, and Fir
st
-Class Mail to:
•
~
• I
AND
I have also sent a copy
of
the Emergency Order
of
Revocation for Case No. 2022WP070006 by
email and FedEx Overnight De
li
ve
ry to:
Kenneth
Ro
ss
KRG
Co
nsultants Inc.
666 Dundee Road Suite 1703
Northbrook Jllinois 60062
Email:
Date:
MA
Y 1 0
2022
Je
ff
e
f.!2
~~
-
Management & Program Anal
yst
Enforcement Division-Western Team
Na
ti
onal Enforcement Program
Federal
Av
iation Administration
De
s Moines, Washington
