U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL A VIA TI ON ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

RECEIVED 

SEP 2 8 2015 

HEARING DOCKET 

vs. 

Docket No. FAA-2015-1325 

FAA Case No. 201380950071 

BEACH AVIATION, LLC, 

Respondent. Judge J.E. Sullivan 

MOTION TO DEEM ADMITTED AND FOR JUDGMENT ON THE PLEADINGS 

Pursuant to 14 C.F.R. §§ 13.209 and 13.218, the FAA moves to deem admitted the 

allegations in the Complaint and for judgment on the pleadings. Respondent has failed to file an 

Answer and, accordingly, the allegations in the Complaint shall be deemed admitted. The 

allegations in the Complaint are sufficient to demonstrate a regulatory violation and the 

appropriateness of the sanction. Therefore, judgment on the pleadings is appropriate. 

Additionally, without an Answer, the FAA is unable to meaningfully prepare a scheduling 

proposal for the December 10, 2015, scheduling conference. 

STATEMENT OF THE CASE 

On June 3, 2015, the FAA issued a Final Notice of Proposed Civil Penalty, which 

proposed a penalty of $15,400. Respondent timely appealed, and the Complaint, attached hereto 

as Attachment A and incorporated by reference, was filed on July 1, 2015. In the Complaint, the 

FAA alleged as follows: 

I. 
1. On June 3, 2015, Respondent, Beach Aviation, LLC was advised through a Final 

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

of$15,400. On June 23, 2015, the Agency Attorney received a written request for a hearing 

from the Respondent. 

IL 

1. At all times material herein, Beach Aviation, LLC (Beach Aviation) was and is 

now the holder of a Letter of Authorization (LOA) issued by the FAA, authorizing it to conduct 

commercial air tour operations under 14 C.F.R. § 91.147. 

2. At all times material herein, 14 C.F.R. § 91.147(d) and its LOA A049-2, issued on 

or about September 7, 2012, required that Beach Aviation register and implement its drug and 

alcohol testing programs in accordance with 14 C.F.R. part 120. 

3. At all times material herein, 14 C.F.R. § 91.147(e) required that Beach Aviation 

comply with the provisions of its LOA, which provides that Beach Aviation will comply with the 

requirements of 14 C.F.R. part 120 and 49 C.F.R. part 40 and fully implement an Antidrug 

Testing and Alcohol Misuse Prevention Program in accordance with these regulations. 

4. On or about September 8, 2012, Beach Aviation started operations as defined in§ 

91.147. 

5. Beach Aviation was required to implement an FAA drug testing program and an 

FAA alcohol testing program no later than September 8, 2012. 

6. Between September 8, 2012 and on or about December 3, 2012, Beach Aviation 

failed to implement an FAA drug testing program. 

7. Between September 8, 2012 and on or about December 3, 2012, Beach Aviation 

failed to implement an FAA alcohol testing program. 

8. As a result, Beach Aviation failed to implement an FAA drug or alcohol testing 

program no later than the date it started operations. 

III. 

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

following sections of the Federal Aviation Regulations: 

10. Section 120.117(b)(2)(ii), which states that a company that intends to begin 

operations as defined in§ 91.147 of this chapter must implement an FAA drug testing program 

no later than the date it starts operations. 
11. Section 120.225(b)(2)(ii), which states that a company that intends to begin 

operations as defined in § 91.147 of this chapter must implement an FAA alcohol testing 

program no later than the date it starts operations. 

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

penalty not to exceed $1, l 00 for each of the violations alleged. 

13. Under the facts and circumstances of this case, a civil penalty of $15,400 is 

appropriate. 

See Complaint at 1-2. No Answer has been filed. 

ARGUMENT 

Respondent has failed to file an Answer in this case. Therefore, each of the allegations in 

the Complaint should be deemed admitted. The allegations in the Complaint include the facts of 

Respondent's conduct, that this conduct violated§§ 120.117(b)(2)(ii) and 120.225(b)(2)(ii) of 

the Federal Aviation Regulations, and that $15,400 is an appropriate civil penalty under the facts 

and circumstances of this case. This penalty was determined in accordance with FAA Order 

2150.3B. The relevant portions of the 2150.3B are attached hereto as Attachment B and 

incorporated by reference. Specifically, Respondent is subject to the penalty classification 

established in Figure B-5-a(5) on page B-31 and the corresponding range defined in item (7) at 

the bottom of page B-6. Accordingly, judgment on the pleadings is appropriate. 

Section 13.209(a) of Title 14 of the Code of Federal Regulations provides that the 

Respondent must file an Answer within 30 days of the date of service of the Complaint. 

Pursuant to § 13.209(f), a Respondent's failure to file an Answer shall be deemed an admission 

of the allegations in the Complaint. 

Here, Respondent has failed to file an Answer at all, much less within 30 days of the date 

of service of the Complaint. The Complaint was served on July 1, 2015. The Complaint 

included a notice to Respondent (set out under its own bold, underlined, all capitals topic 
heading) that Respondent was required to Answer within 30 days after the date shown on the 

Certificate of Service. See Complaint at 3. The certified mail was made available by the United 

States Postal Service ("USPS") on July 8, 2015. See USPS Tracking, attached hereto as 

Attachment C and incorporated by reference. Even if Respondent was required to file his 

Answer within thirty-five days of the date of service, pursuant to 14 C.F.R. § 13.211(e)-in this 

case, on or before August 4, 2015 - the Answer would still be long past due. It has now been 

almost three months since the Complaint was served and, therefore, almost two months since the 

Answer was due. 

Therefore, pursuant to 14 C.F.R. § 13.209(f), the Judge should deem admitted the 

allegations in the Complaint. Because these allegations establish that Respondent violated 

Federal Aviation Regulations and that the sanction requested is appropriate, there are no matters 

left to try at hearing, and judgment on the pleadings is appropriate. 

As such, the FAA requests that the Judge convert the currently-scheduled December 10, 

2015, scheduling conference into a motion conference or, alternatively, that the December 10, 

2015 conference also be used as a motion conference. 

CONCLUSION 

The allegations in the Complaint are due to be deemed admitted as a result of 

Respondent's failure to file an Answer. The allegations in the Complaint establish Respondent's 

violations and the appropriateness of the sanction requested. Accordingly, the FAA is entitled to 

judgment on the pleadings. 
WHEREFORE, the FAA respectfully requests that the Judge deem admitted the 

allegations in the Complaint and grant the FAA judgment on the pleadings. 

i+ 

Respectfully submitted this 1l_ day of September, 2015. 

-z;J.--J-__ (_~ 

Brandon C. Goldberg 

Attorney 

Office of the Chief Counsel 

Enforcement Division 

Southern Team 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Motion to Deem Admitted and for Judgment on the 

Pleadings has been sent this date by Certified Mail, Return Receipt Requested, to: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Charles Brady 

Beach Aviation, LLC, Respondent 

3700 Airport Road 

Suite 405 

· BocaRaton,FL 33431 

Hon. J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (El 1-310) 

Washington, DC 20590 

Dated 

( original + I copy) 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

'JU[ '- ~f 201f 

Southern Region 

Office of the Regional Counsel 

CERTIFIED - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA., AGC-430, Suite 2Wl 000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Beach Aviation LLC 

FAA Case No. 2013S0950071 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

( 404) 305-5223 FAX 

Enclosed 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 Fort Lauderdale, 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, A.SO-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

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

Sincerely, 

BRANDON C. GOLDBERG 

Attorney 

Office of the Regional Counsel 

Enclosures 

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ATTACHMBN! A 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

BEACH AVIATION LLC 

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 (14 C.F.R. 13.208), and states as follows: 

I. 

1. On June 3, 2015, Respondent, Beach Aviation, LLC was advised through a Final 

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

of $15,400. On June 23, 2015, the Agency Attorney received a written request for a hearing 

from the Respondent. 

II. 

1. At all times material herein, Beach Aviation, LLC (Beach Aviation) was and is 

now the holder of a Letter of Authorization (LOA) issued by the FAA, authorizing it to conduct 

commercial air tour operations under 14 C.F.R. § 91.14 7. 

2. At all times material herein, 14 C.F.R. § 91. l 47(d) and its LOA A049-2, issued on 

or about September 7, 2012, required that Beach Aviation register and implement its drug and 

alcohol testing programs in accordance with 14 C.F.R. part 120. 

3. At all times material herein, 14 C.F.R. § 91.147(e) required that Beach Aviation 

comply with the provisions of its LOA, which provides that Beach Aviation will comply with the 

requirements of 14 C.F.R. part 120 and 49 C.F.R. part 40 and fully implement an Antidrug 

Testing and Alcohol Misuse Prevention Program in accordance with these regulations. 
4. 

91.147. 

On or about September 8, 2012, Beach Aviation started operations as defined in§ 

5. Beach Aviation was required to implement an FAA drug testing program and an 

FAA alcohol testing program no later than September 8, 2012. 

6. Between September 8, 2012 and on or about December 3, 2012, Beach Aviation 

failed to implement an FAA drug testing program. 

7. Between September 8, 2012 and on or about December 3, 2012, Beach Aviation 

failed to implement an FAA alcohol testing program. 

8. As a result, Beach Aviation failed to implement an FAA drug or alcohol testing 

program no later than the date it started operations. 

III. 

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

following sections of the Federal Aviation Regulations: 

10. Section 120.ll 7(b)(2)(ii), which states that a company that intends to begin 

operations as defined in§ 91.147 of this chapter must implement an FAA drug testing program 

no later than the date it starts operations. 

11. Section 120.225(b)(2)(ii), which states that a company that intends to begin 

operations as defined in § 91.14 7 of this chapter must implement an FAA alcohol testing 

program no later than the date it starts operations. 

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

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

13. Under the facts and circumstances of this case, a civil penalty of$15,400 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$15,400. 

I i-\-

Respectfully submitted this day of July, 2015. 

~ {Ll---/ 

BRANDON C. GOLDBERG P 

Attorney 

Office of the Regional Counsel 

ATrACm.im~,:.....,_ -·-· ...... ~ ...... -,..-, -
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 2WIOOO 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Charles Brady 

Beach Aviation, LLC 

3 700 Airport Road 

Suite 405 

Boca Raton, FL 33431 

~ah 

/(lRALD A. JE ING 

Program Analyst 

Dated 

( original + 1 copy) 

ATTACHMBNt __ A __ _ 
10/01/07 2150.38 

Fig. B-4-c. Drug convictions - no falsification involved Civil Penalty Certificate 

cont. Action 

(2) Multiple convictions for simple possession* 120-day 

Suspension 

to 

Revocation 

of all part 61, 

63, or 65 

certificates 

(3) Conviction(s) for other than simple possession* Revocation 

of all part 61, 

63, or 65 

certificates 

*It may be appropriate, in the exercise of prosecutorial discretion, not to take enforcement action when 

a conviction is several years old when discovered by the FAA and there is evidence that the certificate 

holder has been rehabilitated such that the individual can be expected to conform his or her conduct to 

safety requirements. 

5. DRUG AND ALCOHOL TESTING VIOLATIONS. 

Fig. B-5-a. Drug and Alcohol Testing Violations Civil Penalty Certificate 

Action 

(I) Failure of an air carrier operating under part 121 or part Moderate 

135 operator to obtain an operations specification 

(2) Failure of a part 145 operator (that opts to have its own Moderate 

drug program and AMPP) to obtain an operations 

specification 

(3) Failure of a Section 135. l(c) or non-FAA air traffic Moderate 

control facility to submit a registration to the FAA 

(4) Failure of a contractor (that opts to have its own drug and Moderate 

alcohol prosrrams) to submit a registration to the FAA 

(5) Failure to implement or maintain continuous coverage in Maximum Indefinite 

an FAA antidrug program and/or AMPP in accordance with Suspension 

Appendices I and/or J pending 

compliance 

or 

Revocation 

Fig. B-5-b. Coverage Civil Penalty Certificate 

Action 

(!) Failure to include a safety-sensitive employee in FAA Maximum 

mandated drug and alcohol testing oro<>rams 

(2) Permitting a contractor employee to perform a function Maximum 

listed in Appendix I or J who is not covered under an FAAmandated antidrug and/or alcohol misuse prevention program 

B-31 ATTACm.ttNT_. _[3 __ 
10/01/07 2150.3B 

Small Business Concern (for violations covered under 49 U.S.C. § 46301(a)(l)(A) or (B) but 

not under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum $750-$1,100 

Moderate $450-$749 

Minimum $250 $449 

(5) VIOLATION COMMITTED BY AIRPORT OPERATOR. 

Large Business Concern: 

Maximum $18,750-$25,000 

Moderate $10,000-$18, 7 49 

Minimum $2,000-$9,999 

Small Business Concern (for violations covered under 49 U.S.C. § 46301(a)(5)(A)): 

Maximum $8,250-$11,000 

Moderate $4,400-$8,249 

Minimum $1,100-$4,399 

Small Business Concern (for violations covered under 49 U.S.C. § 46301(a)(l)(A) or (B) but 

not under 49 U.S.C. § 4630l(a)(5)(A)): 

Maximum $850-$1,100 

Moderate $650-$849 

Minimum $500 $649 

(6) LARGE BUSINESS CONCERN -- DOES NOT HOLD CERTIFICATE 

Maximum $18,750-$25,000 

Moderate $10,000-$18,749 

Minimum $2,000-$9,999 

(7) SMALL BUSINESS CONCERN - DOES NOT HOLD CERTIFICATE 

For violations covered under 49 U.S.C. § 46301(a)(5)(A): 

Maximum $4,400-$11,000 

Moderate $2,200-$4,399 

Minimum $550-$2, 199 

B-6 
10/01/07 2150.38 

For violations covered under 49 U.S.C. § 4630\(a)(l)(A) or (B) but not under 49 

U.S.C. § 4630l(a)(5)(A): 

Maximum $500-$1,100 

Moderate $300-$499 

Minimum $100-$299 

(8) VIOLATION RELATING TO THE TRANSPORTATION OF A HAZARDOUS 

MATERIAL 04 CFR), THE REGISTRATION ORRECORDATION OF AN 

AIRCRAFT NOT USED TO PROVIDE AIR TRANSPORTATION, 

THE LIMITATION ON THE CONSTRUCTION OR ESTABLISHMENT OF A 

LANDFILL, OR THE SAFE DISPOSAL OF A LIFE-LIMITED AIRCRAFT PART. 

Large Business Concern (if entity is not within a more specific category, for example, 

Group I Air Carrier or Operator): 

Maximum 

Moderate 

Minimum 

$16,250-$25,000 

$8,750-$16,249 

$1,850-$8,749 

Small Business Concern (if not within a more specific category for example, Group II 

Air Carrier or Operator) or Individual: 

For violations covered under 49 U.S.C. § 4630\(a)(S)(A): 

Maximum $4,400-$11,000 

Moderate $2,200-$4,399 

Minimum $550-$2,199 

For violations covered under 49 U.S.C. § 4630\(a)(l)(A) or (B) but not under 49 

U.S.C. § 46301(a)(5)(A): 

Maximum 

Moderate 

Minimum 

$500-$1, 100 

$300-$499 

$100-$299 

(9) OTHER VIOLATION COMMITTED BY AN INDIVIDUAL. 

AIRMAN SERVING AS AN AIRMAN - INDIVIDUAL SERVING IN CAPACITY OF AN 

AIRMAN. ALL VIOLATIONS EXCEPT THOSE LISTED IN (8). 

Maximum $850-$1, 100 

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