U.S. Department 

of Transportation 

Federal Aviation 

Administration 

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Southern Regio~· · ' 

Office of the R~gional Cdunsel . ·' 

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P.O. Box 20636 :: . ·' 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

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t.UG 3 0 20i3 , . 

RECEIVED . ' 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Independence A venue, SW 

Washington, DC 20591 

SEP- 6 2013 

HEARING DOCKET 

Re: In the Matter of Tyler Pennywitt ) F .{)TV) S ~0 l 3 - 0 '71 (o 

FAA Case No. 2012SOI50128 ~ 13- f\\.0 A- CfP· ~ee,q g" '. ' tli t 

Enclosed herewith please find a copy of a requestforhearing and the original and one copy of 

the Complaint in the above-referencedp~oceeding .. The' FAA did not receive a copy of the 

request for hearing until it was referred by a third party.on August 26, 2013, well outside of the 

appeal period provided in the Federal AviationRegulations. However, since the request for 

hearing includes a cc to the undersigned, the FAA is willing to presume that the service failure 

was the result of a postal error, rather than a' failure by Respondent to perfect his request for a 

hearing by properly serving the FAA. ( ·\; 

The FAA requests that the hearing in this matter be held in the Jacksonville, 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 · 

P.O. Box 20636 

Atlanta, Georgia 30320 

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

CHRISTOPHER R. STEVENSON 

Attorney 

Enclosures 

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1- 1 1 

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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

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FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Tyler Pennywitt 

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 of the Rules of Practicy (14. .c,.r.Jt. 13 .208), and states as follows: 

1. On April 11, 2013, Respondent, Tyler Pennywitt was advised through a Final 

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

of$11,000. On August 26,2013, the Agency Attorney was provided with a copy of a written 

request for a hearing from the Respondent. 

II. 

' ' 

1. On or about June 4, 2012, at approximately 2230 local time, you aimed a beam of light 

from a laser pointer at a Jacksonville Sheriffs Office (JSO) helicopter that was flying 

near 4483 Hanover Park Drive, Jacksonville, Florida. 

2. This conduct was deliberate. 

3. The beam of light illuminated the cockpit ofthe JSO helicopter. 

4. The beam of light inter:t:ered with the crewmerribers' performance of their duties aboard 

the aircraft. 

< • .( 1.: 
III. 

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

following sections ofthe Federal Aviation Regulations: section 91.11, in that no person may 

interfere with a crewmember in the performance of the crewmember's duties aboard an aircraft 

being operated. 

6. Pursuant to 49 U.S.C. Sections 4630l(ii)-(d), Respondent is subject to a civil 

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

7. 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 2 '( .day of August, 2013. 

CHRISTOPHER R. ST 

Attorney 

Office ofthe Regional Counsel 

PLEASE NOTE: 

' ., 

Pursuant to Title 14 CFR Section 13.209(a), you ~t~·re4uited 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 whi~h follows. . 

I ., ,: '· 
CERTIFICATE OF SERVICE 

1 hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2WIOOO 

Wilbur Wright Building 

800 Independence A venue, SW 

Washington, DC 20591 

Tyler Pellllywitt 

4483 Hanover Park Drive 

Jacksonville, FL 32224 

Mitchell A. Stone, Esquire 

1540 The Greens Way 

Jacksonville Beach, FL 32250 

~O'l'l n ULD § .. Qkn;vtJo t l 

DONNA E. STANLEY - ~~G 

Legal Assistant 

Office of the Regional Counsel 

t.UG 3 0 201:1 

Dated 

(original + 1 copy) 
• 

Mitchell A. Sro.ne, Esq. L. Lee Lockert. Esq. Becky Barlow. ~sq. 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

Aprill7, 2013 

Attention: Hearing Docket Clerk, AGC-430 

Re: Tyler Pennywitt 

Dear Sir or Madam: 

Ian Huney. Esq. Va!arie Linnen. Esq .. OfCounsd 

Please be advised that I represent Tyler Pennywitt. Please accept this letter as our formal • . t ' 

request for a formal evidentiary hearing in;.a<;:.~9.J'P.~ns-e y,ritq Section 13.16 ofthe Federal Aviation 

Regulations. The tmdersigned counsel is the'aif.Orp~y,·of re~ord in this case and will be 

authorized to speak on the client's behalf as well as negotiate any sett1ement. Thank you for your 

attention to this matter. Please forward any further infonnation regarding th.is matter to my office. 

MAS/jo 

cc: Christopher R. Stevenson, Esquire 

Office of the Regional COtmsel 

P.O. Box 20636 

Atlanta, GA 30320 

Sincerely, 

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