In The Matter Of: 

### SERVED: JUNE 18,2014
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASIDNGTON, DC • . •**~1..,..'. trN~**  

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DocketNo. FAA-2013-0855 DAVID ALLEN DRAVES ) ) ) ) ) Case No. 2012-GL-25-0058 Respondent

ORDERDISMISSING PROCEEDING On April16, 2014, an Order Setting Rule 16 Litigation Scheduling Conference and Directing Rule 26(f) Planning and Submission was filed. On June 12, 2014, the FAA filed a Rule 26(f) Discovery Plan on behalfofthe parties with the Office ofHearings. On June 17, 2014, the FAA filed a one-page letter (with attached two page Order Assessing Civil Penalty), entitled "Withdrawal oflnRe David Draves, Docekt [sic] No.: FAA2013-0855" in which the FAA asserted that the parties had agreed to settle the case, and wished to "remove the matter" from the docket. There was no service certificate attached to the letter, to confirm that it had been served onthe Hearing Docket or the Respondent. After having reviewed all relevant caselaw, regulations, statutory authority, and being fully advised; IT IS HEREBY ORDERED:**-~** 1. The June 17, 2014 letter submitted by the FAA is herebydeemed a Withdrawal of Complaint. 2. The Rule 16 Litigation Schedule Conference set on June 19,2014 (10:00 am ET) is cancelled. 3. Pursuant to 14 C.F.R. § 13.215, the FAA has withdrawn its Complaint, and this proceeding is dismissed with prejudice.

Attachments: 1. Service List 2. June 17, 2014 FAA letter (with two-page attachment)FDMS No. FAA-2013-0855 (Civil Penalty Action) SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1

ONE COPY Ms. Kate Barber Complainant's Counsel Office ofRegional Counsel Great Lakes Region, AGL-7 Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60018 TEL: 847-294-7862 FAX: 847-294-7498 Mr. David A. Draves Respondent 1878 Tallmadge Road Kent, OH 44240 TEL: 440-223-0021 FAX: NOT PROVIDED
Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Mr. David A. Draves Respondent 178.0 Foust Road Xenia, OH 45385 TEL: NOT PROVIDED FAX: NOT PROVIDED

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.05/17/2014 14:47

U. S. Department ofTransportation Federal Aviation Administration June 

### 17, 2014 In Reply Refer to: 8472948293



### AGL-7B 2012-GL-25-0058

VIA FAX= 

### 202-366-7536 The Honorable J.E. Sullivan, Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New

### Jersey**Avenue~** 

### S.E. Washington D.C. 20590 FAA AGL 7 COUNSEL PAGE 01/03

..... ; Great Lakes Region 2300**Ea.~t** Devon**AvC\lU~q** 

### JUN ll p 3 58 Pes Plaines. ntinois 600184696 :



### Area Code 847 294-7862

WITHDRAWAL OF IN RE DAVID 

### DRAVES. DOCEKT NO.: F AA-2013-0855.
The 

### parties have agreed to settle this matter and 

### therefore, byjoint 

### agreement wish to 

### remove the matter from 

### the Department ofTransportation docket. Jeffrey A. Klang 

# By:**tt~l** Kate Barber Attorney05/17/2014 14:47 8472948293 FAA AGL 7 COUNSEL PAGE 02/03

Great Laktm**R~iglon** . 2300 E. Devon Avenue Des Plaines. IL &0018 ··· ' · 

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...... u.s. ·oapartment ofTransportoffon Fedei'CII Aviation Actminlstrclllon 

### Z0/4 JUN ll 

### P 

# J:sa June 17,2014 In

### Reply 

### Refer to: AGL-7B 2012-GL-25-0058



### CERTIFIED and FIRST CLASS MAIL Mr. David Allen Draves 1878 Tallmadge Road Kent, OH 44240 

### ORDERASSESSING COOL PENALTY Area 

### Code 847 294-7862

You were advised through aFinal Notice ofProposed Civil**Penalty~** 

### dated December 5, 2013, that

### the 

### FAA proposed to 

### assess a civil penalty in 

### the amount of$1,100.00. After considering all the 

### evidence in

### this matter, 

### including the 

### infonnation presented at 

### the informal conference and pursuant to mutual 

### agreement, the Administratorhas 

### determined that: 1) On or about September 16,2012, 

### you executed a 

### parachute operation from an 

### airborne balloon participating in

### the Ravenna Balloon Festival 2) 

### Atthe time ofthe parachuting operation you exited the airborne balloon at approximately**3~700** 

### feet and landed in 

### a field surrounded by 

### attendees, and 

### other balloons setting 

### up for launch at the Ravenna Balloon Festival. 3) You conduCted aparachute operation over or into 

### a congested 

### areaor an**open~air** 

### assembly ofpersons without-an authoriution in

### violation ofthe Federal Aviation Regulations. 4) You conducted a parachute operation and did not obtain the proper authorization needed to 

### conduct such an operation. By reason ofthe foregoing circumstances, 

### you violated the following Federal Aviation Regulations: · a) 14 CFRPart 105.15(b), which states ;nrelevant part 

### that each

### holder ofa certificate ofauthorization mustpresentthat certificate for inspection upon the request ofthe Administrator or any

### Federal, State, or local official.06/17/2014 14:47 8472948293 FAA AGL 7 COUNSEL



### THEREFORE, IT IS ORDERED under 

### 49 U.S.C. §5123, andpursuantto the settlement agreement you are assessed a civil penalty in the amount of$400. PAGE 03/03

The amount ofcivil penalty 

### assessed in this Order constitutes a 

### debt owed

## tO the United States. You 

### now exhausted your right to 

### seekreview ofthe validity or amount of

### this debt. This Order has been issued based on an agreement and settlementreached between you and the FAA. 

### In order to satisfy payment ofthe civil penalty, you are hereby 

### directed to pay'the full amount of $400 by September 15, 2014, 

### by certified check ormoney otder, 

### payable to the Federal Aviation 

### Administration, Accounts 

### Receivable Branch**(AMZ-310~ACE/AGL).** 

### P.O. Box 25082, Oklahoma City, OK 73125. Please include; on the certified check ormoney order, the FAA case number**(2012-GL-25-0058)~** which is located atthe 

### top ofthis Order. 

### In the alternative, you may pay the civil penalty with a credit card, or a

### bank account debit, over the Internet. To pay electronically, visit the web site athttps://www.pay.gov. Under the Search Public Forms option, type in "FGL-FINEl." Click on "Civil 

### Penalty Payments- Great Lakes Region". 

### You must then complete the 

### requested information and click "Continue.•, You will then 

### be directed to enter your credit card 

### orbank 

### account debit information. To use the 

### bank account debit, 

### you will need its bankrouting number, account number, and check number. Ifyou are 

### delinquentinmaking the payment, interest may be assessed on the amount owed. Further, a failure to make payments inaccordance with the payment schedule may result in the imposition ofan administrative charge for the cost ofadministrative collection action and penalties for payments that are delinquentfor ninety·or mote days. Delinquent debts may be reported to 

### consumerreporting agencies or commercial credit bureaus, which would adversely affect your credit rating. Nonpayment ofthis debt 

### may ultimately result 

### in a referral to 

### a collection agency, the Internal 

### Revenue Service, or

### to the 

### United States Department ofJustiee for enforced collection.

Kate Barber Attorney