u.s. Department 

of Transportation 

Federal Aviation 

Administration 

[JUL 2 3 201ru 

FEDERAL EXPRESS 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1 000 

Wilbur Wright Building 

600 Independence Avenue, SW 

Washington, DC 20591 

Southern Region 

Office of the Regional Counsel 

Re: In the Matter ofNayelli Figueroa 

FAA Case No. 2014S0190129 

P.O. Box 20636 

Atlanta, Georgia 30320 

( 404) 305-5200 

( 404) 305-5223 FAX 

RECt:tVE:u ., 2 4 2015 

HEAHU\JG 

dO\~~ 

UGCi<ET 

dYY3 

Enclosed herewith please fmd 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 Miami, Florida area, and expects 

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, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

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

Sincerely, 

4~/'r./~~ RYAN a LANDERS 

Attorney 

Office of the Regional Counsel 

Enclosures 
THE BENNETT LAW CENTER 

Scorr E. 8E:NNf,T'Tj P.A. 

• MEt.'IBC:R OF SlATE AND 

FEOERAL TRIAL BAR 

· AV RATo:o 

July 22,2015 

Federal Aviation Administration 

600 Independence A venue SW 

Wilbur Wright Building 

Suite 2Wl 000 

· Washington,DC20591 

Attn: Hearing Docket Clerk, AGC-430 

:Re: N ayelli FiguCJ:oa 

Notice of Pr()posed Civil Penalty 

' LtR!: MEMBER 

• M•WoN DCLL.,IJ<, A,oyOOATe3 f~UM 

Ttl~ T¢p "rrt;!l LIIW)'~t'l! lnAm<llrir;!''" 

Request f()r Hearing 

Dear Sir or Madam: 

337'7 S,W, 3RD AVENUE: 

tvliAMI, F!..O~IDA 33145 

TEkE~=>HONE: (305} 648-2:255 

F,e,x: 1305) 64e·22S6 

Hearing 

Pursuant 

on 

to Section 13.16 of the Federal Aviation Regulations, the undersigned hereby requests a 

Civil Penalty 

behalf of our client, Nayelli Figueroa, as a result of the FAA's assessed Notice of 

H. 

under D.S.C. Section 41/301 (a)(5)(A), and adjusted under 14 CFRpart 13, subpart 

Please provide the undersigned with the date and time of said Hearing at your earliest 

opportunity. 

Sincerely, 

cc: Ryan M. Landers, Regional Counsel 

U:S. Department of Transportation 
THE BENNETT LAW CENTER 

ScoTT B. BENNETT, P.A 

• MI::MSER OF STATE AND 

FEDERAL TRIAL 8AR 

• AV RATED 

Jtdy22, 2015 

Via Reglllar U.S. Mail a11d 

Facsimile to: (4041305·5223 

Ryan M. Landers, Regional Cmmsel 

U.S. Department ofTranspoliation 

Office of Regional Counsel 

P.O.Box20636 

Atlanta, GA 30320 

Re: Nayelli Figueroa 

Notice of Proposed Civil Pennlty 

Dear Mr. Hyrnan: 

u•EMEMB!!.;l:!, 

Mu.LION DO,t,.O,R AovocAT~~ FoRUM 

. Tll~ TOI'I TM11.I Ui\\!1011~ lrl AI'J'!erlc~"' 

.3377 $.W, 3RO AVENUE 

MIAMI, FLORIDA 33146 

TELEPHONE: (305) 648--2255 

FAX: (306) 648-2256 

Pursuant 

A 

to your Jetter dated July 15, 2015, I inform you that we have requested a hearing on this matter. 

copy of our request for said hearing has been attached hereto for your records. 

neighbor 

This fine is preposterous, and arises from an incident occurring on or about February 13, 2014, when a 

yard. Nayelli 

of Nayelli, another minor, had a toy electronic pointer that she was playing with in the b>tck 

took the pointer and allegedly illuminated the cockpit of a Police Department Helicopter. 

Nayelli Figueroa is a child in High School, and had no idea that the beam could reach that high, nor even 

Nayelli 

be seen by the Helicopter. She had no malice, and had no intention of interfering with the Helicopter. 

is in High School and does not have a job; therefore, she is unable to pay any fine, especially such 

Administration 

an exorbitant amount. I would assume that The Department of Transportation and Federal Aviation 

with 

has more pressing matters to attend to then the vigorous prosecution of a minor playing 

a toy. · 

Please note that I have reporters from The Miami Herald and Channel 4 News that are extremely 

interested in this Governmental waste of time and miscarriage of Justice, therefore, we will be in contact 

upon receipt of a Hearing date. 

If you have any questions, please don't hesitate to call me. 

Sincerely, 

SCOTT B. BENNETT 

SBB/dt 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

NA YELLI FIGUEROA 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

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

pursuant to Rule 208 ofthe Rules of Practice (14 C.P.R. 13.208), and states as follows: 

I. 

1. On July 15, 2015, Respondent, Nayelli Figueroa was advised through a Final 

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

of $11,000. On July 22, 2015, the Agency Attorney received a written request for a hearing from 

the Respondent. 

II. 

2. On or about February 13,2014, at approximately 11:28 p.m. local time, you 

aimed a beam of light from a laser pointer towards the sky, and that beam struck a Miami 

Police Department Helicopter that was flying approximately 5 miles east, southeast of 

Miami International Airport (MIA). 

3. You intentionally aimed the beam oflight at the Miami Police Department 

Helicopter. 

4. The beam oflight illuminated the cockpit of the Miami Police Department 

Helicopter. 

5. The beam of light interfered with the crewmembers' performance of their duties 

aboard that aircraft. 
III. 

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

following sections of the Federal Aviation Regulations: 

Section 91.11 of the Federal Aviation Regulations (Title 14, Code of Federal 

Regulations), which states that no person may interfere with a crewmember in the 

performance of the crewmember's duties aboard an aircraft being operated. 

7. Pursuant to 49 U.S. C. Sections 46301(a)-(d), Respondent is subject to a civil 

penalty not to exceed $11,000 for each of the violations alleged. 

8. Under the facts and circumstances of this case, a civil penalty of $11 ,000 is 

appropriate. 

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 $11,000. 

Respectfully submitted this ,j._) day ofJuly, 2015. 

RYA 

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 certify that a copy of the foregoing Complaint has been mailed this date by Federal 

Express, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl 000 

Wilbur Wright Building 

600 Independence Avenue, SW 

Washington, DC 20591 

Nayell Figueroa 

930 SW 14th Ave 

Miami, FL 33135 

The Bennett Law Center 

c/o Scott B. Bennett, P A 

3377 SW 3rd avenue 

Miami, FL 33145 

TIFF 

Leg' I 

Offic~e~.....,.,.Regional Counsel 

fJUL 2 3 20J5.l 

Dated 

(original+ 1 copy)