UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

AERIAL CROP PROTECTION, INC. 

RECEIVED 

MAR- 4 2013 

FAA Docket No. FAA-2012-1262 HEARlNG DOCKET 

(Civil Penalty Action) 

MOTION FOR DECISION ON THE PLEADINGS 

OR IN THE ALTERNATIVE, 

MOTION FOR HEARING ON SANCTION ONLY 

Complainant, by and through the undersigned counsel, pursuant to § 13.218(£)(5) of the 

Rules of Practice (14 C.F.R. 13.218(£)(5)), hereby files its Motion for Decision on the Pleadings 

or in the alternative, Motion for Hearing on Sanction Only. In support thereof, Complainant 

states the following: 

I. 

Section 13.209(a) of the Rules of Practice requires a respondent to file a written answer to 

the complaint, or file a written motion pursuant to §13.208(d) or §13.218(£)(1-4) instead of filing 

an answer, not later than 30 days after service of the complaint. 

2. 

The complaint, which contained a paragraph informing Respondent it was required to file 

a written answer not later than 3 0 days after the date shown on the certificate of service, was filed 
on December 10, 20121 As of this date, Complainant has not received a written answer. 

Therefore, Respondent has not met the filing deadline pursuant to Section 13 .209(a). 

3. 

The 30-day deadline for filing an answer cannot be extended without a showing of good 

cause. In the Matter of Robinson, FAA Order No. 95-28 (1997). "A showing of good cause is 

mandatory. Without it, failure to file an answer by the deadline may not be excused." In the 

Matter of Atlantic World Airways, Inc., FAA Order No. 95-28 (1995). Moreover, Rule l3.209(f) 

states that failure to file an answer without good cause shall be deemed an admission of the truth 

of each allegation contained in the complaint. See, e.g., In the Matter of Larry's Flying Services, 

Inc., FAA Order No. 98-4 (1998). Since Respondent has not filed an answer and has not shown 

good cause for its failure to file an answer, the allegations in the complaint should be deemed 

admitted. 

4. 

As the allegations are deemed admitted, there remain no genuine issues of material fact. 

Consequently, Complainant is entitled to a judgment on the pleadings. See 14 C.F.R. § 

13.218(!)(5). The FAA Decisionmaker has previously held that an order assessing civil penalty 

shall be assessed when the respondent has failed to answer the complaint without showing good 

cause. FAA vs. Playter, FAA Order No. 90-0015 (1990), affd, 933 F.2d 1009 (61

h Cir. 1991). 

Thus, the only remaining issue is sanction. 

1

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. See page 2 of Exhibit I. 

2 
5. 

The complaint charged Respondent with a violation of the Federal Aviation Regulations 

(FARs). Specifically, the complaint alleged Respondent violated Section 137.11(a) of the FARs 

when it performed commercial aerial chemical operations without, or in violation of, an 

agricultural aircraft operator certificate. Pursuant to 49 U.S.C. § 4630l(a)-(d), Respondent is 

liable for a civil penalty not to exceed $1,100 for each of the violations alleged. As the complaint 

alleged a violation of Section 137.ll(a) occurred each day between August 24, 2011 and 

September 21, 20 II, when the operations were conducted, Complainant determined a civil 

penalty of$16,575 was appropriate. 

WHEREFORE, Complainant respectfully requests that the Motion for Decision on the 

Pleadings be granted and Respondent assessed a civil penalty in the amount of $16,575. In the 

alternative, Complainant respectfully requests the Motion for Hearing on Sanction Only be 

granted. 

Submitted this 11/{t--/ day of February, 2013. 

Senior Attorney 

Office of the Regional Counsel 

3 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Motion for Decision on the Pleadings or In the 

Alternative, Motion for Hearing on Sanction Only In the Matter of Aerial Crop Protection, Inc., 

FAA Docket No. F AA-2012-1262, was served via regular mail to: 

Preston J. Fields, Sr., Esq. 

Preston J. Fields, P .A. 

11211 Prosperity Farms Rd. 

Suite C-301 

Palm Beach, FL 33410 

FAX: (561) 799-0388 

The Honorable J. E. Sullivan 

DOT, Administrative Law Judge 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

FAX: (202) 366-7536 

Federal Aviation Administration 

Hearing Docket, AGC-430 

ATTN: Stephanie McClain 

800 Independence Ave., SW 

Wilbur Wright Building, Suite 2W1 000 

Washington, DC 20591 

FAX: (202) 493-5020 

~A~ Program Analyst 

FEB 2 B 2013 

Date 

4 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRA. TION, 

Complainant, 

vs. 

AERIAL CROP PROTECTION 

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 Practice (!4 C.F.R. 13.208), and states as follows: 

I. 

On November 8, 20 !2, Respondent, Aerial Crop Pretection was advised through a Final 

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

of$16,575. On November 30,2012, the Agency Attomey received a written request for a 

hearing from the Respondent. 

IL 

1. On or about August 24, 201 I, representatives of the Federal Aviation 

Administration (FAA) conducted a routine inspection of Aerial Crop Protection, 

Inc. (ACP) at the Belle Glade State Municipal Airport (XI 0). 

2. Representatives observed N2033R, an Air Tractor AT-504, perform aerial 

chemical operations over fields on the northem border ofXlO. 

3. At the time of the operations in paragraph 2, ACP did not hold a valid agricultural 

aircraft operator certificate. 

4. At the time of the operations in paragraph 2, ACP was informed that any aerial 

chemical operations conducted without a valid agricultural aircraft operator 

certificate could ben violation of the Federal Aviation Regulations. 

I GOVERNMENT 

; EXHIBIT 

i .1. 
5. On or about September 6, 2011, ACP was again informed that any aerial chemical 

operations conducted without a valid agricultural aircraft operator certificate 

could be in violation of the Federal Aviation Regulations. 

6. Between August 24, 20 II and September 21, 20 II, ACP perfom1ed commercial 

aerial chemical operations on United States Sugar Corporation's fields. 

IlL 

7. As a result, ACP violated Section 13 7.11 (a) of the Federal Aviation Regulations 

in that except as provided in paragraphs (c) and (d) of this section, no person may 

conduct agricultural aircraft operations without, or in violation of, an agricultural 

aircraft operator certificate issued under this part. 

8. Under 49 U.S. C. Sections 4630l(a)-(d), you are subject to a civil penalty not to 

exceed $1, I 00 for each of the violations noted. By reason of the foregoing facts 

and circumstances, we propose to assess a civil penalty in the amount of$16,575. 

9 Under the facts and circumstances of this case, a civil penalty of $16,575 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$16,575. 

Respectfully submitted this /Df' day of December, 2012. 

Attorney 

Office of the Regional C unsel 

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 Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, S W 

Washington, DC 20591 

Preston J. Fields, Sr. 

Preston J Fields, P.A. 

11211 Prosperity Farms Road, Suite C-30 I 

Palm Beach Gardens, Florida 33410 

Program 

GFRALDE~- Analyst 

Office of the Regional Counsel 

DEC 1 0 ZOIZ 

Dated 

(original + I copy)