U.S. Department ofTransportation Federal Aviation Administration Eastern Region Regional Counsel Telephone: 718 553-3255 Facsimile: 718 995-5699

FederalAviation Administration 600 Independence Avenue, S.W. Wilbur WrightBuilding- Suite 2W1000 Washington, D.C. 20591 Attn: Hearing DocketClerk, AGC-430 1Aviation Plaza Jamaica, NY 11434



### HEARING DOCKET

ATTN: HEARINGDOCKET CLERK Re: Inthe Matter ofPhilip Putter DocketNo. 2013EA110075 Enclosedherein please find a copy ofa request for hearing andthe original and one copy of the FAA's Complaint and Notice of Appearance in the above-entitled action for filing, togetherwithproofofserviceupon the Respondent. The FAArequests that the hearing in this matter be held in the New York, New York area, and expects that the hearing will last one day. Please address all communications for the Federal Aviation Administration to the attention of Judith L. Vaughan, Office of the Regional Counsel, 1 Aviation Plaza, Jamaica, NY 11434. Sincerely, AlfredR Johnson, Jr. Regional Counsel

EnclosuresRegional Counsel for the Eastern Region Federal Aviation Administration Date 1Aviation Plaza Jamaica, NY 11434 Philip Putter-2013EA110075 Subject: Final Notice ofProposed Civil Penalty Response Attachment In reply to your Final Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check mark beside the numbered paragraph below: IU I hereby submit the amount ofthe proposed civil penalty with the understanding that an Order Assessing Civil Penalty '1-Yill be issued in that amount. I hereby request a fonnal hearing in accordance with Section 13.16 ofthe Federal Aviation Regulations. By sending this form to the Federal Aviation Administration, Eastern Region, I also hereby certify that a copy ofthis form has been filed lYith the HearingDocket Clerk (HearingDocket, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 924A, Washington, DC 20591, Attention: HearingDocket Clerk). **Please note that vou will notbe entitled to ahearing ifyou file this form with the Federal Aviation Administration Easiern Region WITHOUT havino- filed this form or a written request for a hearing with the HEARING DOCKET CLERK. MY ATTORNEYIREPRESE'<TATIVE

PRIVACYACT NOTICE This notice is provided in accordance with Section (e)(3) ofthe Privacy Act, 5 U.S.C. §552a(e)(3), and concerns the information requested in the letter or form with which this Notice is enclosed. A. Authority. This information is solicited pursuant to 49 U.S.C.llOl

**~~.,and** regulations issued thereunder codified in Part 13 ofTitle 14 ofthe Code ofFederal Regulations. Submission ofthe telephone number is voluntary. The request for information is intended to provide you with an opportunity to participate in the investigation. B. Principal Purnose. The requested information is intended to assist us in contacting you regarding this enforcement case. C. Routine Uses. Records from this system ofrecords may be disclosed in accordance with the routine uses as they appear in System ofRecords No. DOT/FAA 847 as published from time to time in the Federal Register. D. Effect ofFailure to Respond. Ifyou do not provide the requested infom1ation, there may be delay in contacting you regarding this enforcement case.U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter ofPhilip Putter 2013EA110075 JudgeNotAssigned

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I Respondent, Philip Putter, was advised through a Final Notice ofProposed Civil Penalty that the FAAproposed to assess a civil penalty in the amount of$11,000.00. On March 5, 20 15, Respondent submitted awritten demand for ahearing. II COMPLAINT 1. On or about July 3, 2013, you knowingly aimed a beam oflight from a laser pointer at a Westchester County Police Department aircraft, (hereinafter the "aircraft"), that was flying in the vicinity ofthe Kensico Dam in Valhalla, NewYork (hereinafterthe "flight"). 2. There were at least two crewmembers on board the aircraft (hereinafter the "crewmembers"). 3. At the time of the flight, the crewmembers were conducting aerial surveillance for an event, specifically, the Kensico Dam Fireworks IndependenceDay celebration.4. Thebeam oflight struckthe aircraft at least two times. 5. The beam oflight struck at least one crewmember in the eyes causing the crewmember's night vision to be impaired and prevented the crewmember from seeing objects outside ofthe aircraft during the flight. 6. The beam oflight that struck the aircraft also affected the night vision of another crewmember who was wearing night vision goggles, thus impairing his ability to read the aircraft's flight instruments. 7. The beams oflight that struck the aircraft caused the crewmember to notify Westchester County Police Department dispatchers for purposes of identifying the source ofthe laser. 8. As a result, the beams of light interfered with the crewmembers performance oftheir duties aboard the aircraft. II. 9. By reason ofthe above Philip Putter violated the following Department of TransportationRegulations (Title 14 ofthe Code ofFederal Regulations):

a. Section 91.11, which states that no person may assault, threaten, intimidate, or interfere with a crewmember in the performance ofthe crewmember's duties aboard an aircraftbeing operated. Ill. Pursuant to 49 U.S.C. § 46301(a)(5), Philip Putter, is liable for a civil penalty not to exceed $11,000.00 for each ofthe violations alleged.
Under the facts and circumstances ofthis case, a civil penalty of $11,000.00 is appropriate.

2WHEREFORE, the Regional Counsel for the Federal Aviation Administration, Eastern Region, respectfully requests that the Administrative Law Judge enter an Order that Philip Putter, be assessed a civilpenalty in the amount of$11,000.00 for theviolations alleged in this complaint. Respectfully submitted, AlfredR. Johnson, Jr. Regional Counsel



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Please Note Pursuant to Title 14 CFR § 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 thirty (30) days after the date shown onthe Certificate ofService which is attached to this document.

3CERTIFICATE OF SERVICE
I hereby certifY that onthis 

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### "~1! day ofMarch, 2015, copies ofthe foregoing Administrator's Complainthas been servedupon the following viaFederalExpress:

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_ ORiGINAL AND ONE COPY TO: Federal Aviation Administration Wilbur Wright Building- Suite 2Wl00 600 IndependenceAvenue, SW WashingtonDC 20591 Attention: Hearing Docket Clerk, AGC-430 COPY TO: Lawrence R. DiGiansante (Attorney for Respondent) 984 Morris ParkAvenue Bronx, New York 10462



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Paralegal Specialist FederalAviationAdministration Office ofRegional Counsel 1AviationPlaza Jamaica, NY 11434

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