U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3255 

Facsimile: 718 995-5699 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2W1 000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

1 Aviation Plaza 

Jamaica, NY 11434 

HEARING DOCKET 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter of Philip Putter 

Docket No. 2013EA110075 

Enclosed herein please find a copy of a request for hearing and the original and one copy of 

the FAA's Complaint and Notice of Appearance in the above-entitled action for filing, 

together with proof of service upon the Respondent. 

The FAA requests 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, 

Alfred R Johnson, Jr. 

Regional Counsel 

Enclosures 
Regional Counsel for the Eastern Region 

Federal Aviation Administration 

Date 

1 Aviation Plaza 

Jamaica, NY 11434 

Philip Putter-2013EA110075 

Subject: Final Notice of Proposed 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 of the 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 of the Federal Aviation Regulations. 

By sending this form to the Federal Aviation Administration, Eastern Region, I also hereby 

certify that a copy of this form has been filed lYith the Hearing Docket Clerk (Hearing Docket, 

Federal Aviation Administration, 800 Independence Avenue, S.W., Room 924A, Washington, 

DC 20591, Attention: Hearing Docket Clerk). 

**Please note that vou will not be entitled to a hearing if you 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 A TTORNEYIREPRESE'<TATIVE 

PRIVACY ACT NOTICE 

This notice is provided in accordance with Section (e)(3) of the 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 of Title 14 of the Code of Federal Regulations. Submission of the 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 of records may be disclosed in accordance with the routine uses as they appear in System of Records No. DOT/FAA 84 7 as published from time to time in the Federal Register. 

D. Effect of Failure to Respond. If you 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. 

In the Matter of Philip Putter 

2013EA110075 

Judge Not Assigned 

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 

Respondent, Philip Putter, was advised through a Final Notice of Proposed Civil Penalty 

that the FAA proposed to assess a civil penalty in the amount of$11,000.00. On March 5, 

20 15, Respondent submitted a written demand for a hearing. 

II 

COMPLAINT 

1. On or about July 3, 2013, you knowingly aimed a beam of light from a laser 

pointer at a Westchester County Police Department aircraft, (hereinafter the 

"aircraft"), that was flying in the vicinity of the Kensico Dam in Valhalla, 

New York (hereinafter the "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 

Independence Day celebration. 
4. The beam oflight struck the aircraft at least two times. 

5. The beam of light 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 of the aircraft during the flight. 

6. The beam of light 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 of light that struck the aircraft caused the crewmember to notify 

Westchester County Police Department dispatchers for purposes of 

identifying the source of the laser. 

8. As a result, the beams of light interfered with the crewmembers 

performance of their duties aboard the aircraft. 

II. 

9. By reason of the above Philip Putter violated the following Department of 

Transportation Regulations (Title 14 of the Code of Federal Regulations): 

a. Section 91.11, which states that no person may assault, threaten, intimidate, 

or interfere with a crewmember in the performance of the crewmember's 

duties aboard an aircraft being 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 of the violations alleged. 

Under the facts and circumstances of this case, a civil penalty of $11,000.00 is 

appropriate. 

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WHEREFORE, 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 civil penalty in the amount of$11,000.00 

for the violations alleged in this complaint. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By!JE:fY~ Uditi1: aughan 

Attome 

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 on the Certificate of Service which is attached to this document. 

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CERTIFICATE OF SERVICE 

I hereby certifY that on this /t.P "~1! day of March, 2015, copies of the foregoing 

Administrator's Complaint has been served upon the following via Federal Express: 

Dated: ___ 1_

0_

20_

15_ 

ORiGINAL AND ONE COPY TO: 

Federal Aviation Administration 

Wilbur Wright Building- Suite 2Wl00 

600 Independence Avenue, SW 

Washington DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

COPY TO: 

Lawrence R. DiGiansante (Attorney for Respondent) 

984 Morris Park Avenue 

Bronx, New York 10462 

~~~ Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

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