In The Matter Of: 

SERVED: JUNE 18,2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

W ASIDNGTON, DC 

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Docket No. F AA-2013-0855 

DAVID ALLEN DRAVES 

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) 

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) 

) 

Case No. 2012-GL-25-0058 

Respondent 

ORDER DISMISSING 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 behalf of the parties 

with the Office of Hearings. 

On June 17, 2014, the FAA filed a one-page letter (with attached two page Order 

Assessing Civil Penalty), entitled "Withdrawal ofln Re 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 on the 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 hereby deemed 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 Pursuant to 14 C.F.R. § 13.215, the FAA has withdrawn its Complaint, and this 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 2W10001 

ONE COPY 

Ms. Kate Barber 

Complainant's Counsel 

Office of Regional Counsel 

Great Lakes Region, AGL-7 

Federal Aviation Administration 

2300 East Devon A venue 

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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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 or by 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 

of Transportation 

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 of Hearings, M-20 

U.S. Department of Transportation 

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, by joint agreement wish to remove the 

matter from the Department of Transportation docket. 

Jeffrey A. Klang By: tt~l 

Kate Barber 

Attorney 
05/17/2014 14:47 8472948293 FAA AGL 7 COUNSEL PAGE 02/03 

Great Laktm R~iglon . 

2300 E. Devon Avenue 

Des Plaines. IL &0018 · ·· ' · . .. r i ...... 

u.s. ·oapartment 

of Transportoffon 

Fedei'CII Aviation 

Actminlstrclllon Z0/4 JUN ll P J:sa 

June 17,2014 

In Reply 

Refer to: AGL-7B 

20 12-GL-25-0058 

CERTIFIED and FIRST CLASS MAIL 

Mr. David Allen Draves 

1878 Tallmadge Road 

Kent, OH 44240 

ORDER ASSESSING COOL PENALTY 

Area Code 847 294-7862 

You were advised through a Final 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 Administrator has 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) At the time of the 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 a parachute operation over or into a congested area or an open~air 

assembly of persons without-an authoriution in violation of the Federal Aviation 

Regulations. 

4) You conducted a parachute operation and did not obtain the proper authorization 

needed to conduct such an operation. 

By reason of the foregoing circumstances, you violated the following Federal Aviation 

Regulations: · 

a) 14 CFR Part 105.15(b), which states ;n relevant part that each holder of a certificate 

of authorization must present that certificate for inspection upon the request of the 

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, and pursuant to the settlement 

agreement you are assessed a civil penalty in the amount of$400. 

PAGE 03/03 

The amount of civil penalty assessed in this Order constitutes a debt owed tO the United States. 

You now exhausted your right to seek review of the validity or amount of this debt. This Order 

has been issued based on an agreement and settlement reached between you and the FAA. 

In order to satisfy payment of the civil penalty, you are hereby directed to pay'the full amount of 

$400 by September 15, 2014, by certified check or money 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 or money order, the FAA case 

number (2012-GL-25-0058)~ which is located at the top of this 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 at https://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 or bank account debit information. To use the bank 

account debit, you will need its bank routing number, account number, and check number. 

If you are delinquent in making the payment, interest may be assessed on the amount owed. 

Further, a failure to make payments in accordance with the payment schedule may result in the 

imposition of an administrative charge for the cost of administrative collection action and 

penalties for payments that are delinquent for ninety·or mote days. 

Delinquent debts may be reported to consumer reporting agencies or commercial credit bureaus, 

which would adversely affect your credit rating. Nonpayment of this debt may ultimately result 

in a referral to a collection agency, the Internal Revenue Service, or to the United States 

Department of Justiee for enforced collection. 

Kate Barber 

Attorney