; 

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u.s. Department 

of Transportation Southern Region 

Office ofthe Regional Counsel P.O. Box 20636 

Atlanta, Georgia 30320 

Federal Aviation 

Administration 

DEC 1 0 2012 

' . 

CERTIFIED- RETURN R&CETPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2WIOOO 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

.. · .: . 

(404) 305-5200 

(404) 305-5223 FAX 

r ' ' ~: ~~o.JI.3 I 1 

.. l .. ~ · ..:-. "• .. -~ '~- : ;., . J, .... :.._ 

. .· ....... , 

,....._""' ., 

o.-.:.... 1 f 2012 

Re: In the Matter of Aerial Crop Protectjon, FAA Case No. 2011S0190332 

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 Miramar, Florida area, and 

expects that the hearing will lnst one day. 

Please address all communications tbr the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel. ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

T,elephone: (404) 305-.5200, facsimile (404) 305-5223. 

Sincerely, 

Enclosures 

··~ ........ __________________ ~ 
01/03/2013 11:34 FAX 2024935142 FAA 

PRESTON]. FIELDS, P.A. 

ATTORNEYS AT lAW 

IIZll PROSPERITY. FARMS ROAD, Sun~ C·30I 

PALM DF.ACH GARDl::NS. FLORll)A 33410 

Tl:LEPHON!l, (561) 7!19-99!0 • FA(::SOOLE: (561) 799.0.188 

---

OF COl JNS~l. 

kOilERT M. Fu-:tDS 

Via Federal Ex:press 

U.S. Department of Transportation 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC·430 

600 Jndcpendence Avenue SW 

Wilbur Wright Building, Suite 2W1 000 

Washington, DC 20591 

November 26, 20 I 2 

Rc: Company: 

FAA Case No.: 

Our File No.: 

Aerial Crop Protection, Inc. 

2011SOI90332 

163-0!2 

REQUEST FOR HEARING 

-t OMS 

NOV 3 0 

Aerial Crop Protection, Inc., a Florida corporation [ "ACP''), by and through the undersigned 

attorney, hereby requests a hearing of ail matters addressed in the Final Norice of Proposed Civil 

Penalry dated November 8, 2012, and signed by Andrea Michelle Harper. Esquire. I request that the hearing be held in W c.st Palm .Deach, Florida. 

'lbe Federal Aviation Administration [''F AA'•] alleged that ACP violated § J 3 7. I I (a) of the 

federal Aviation Regulations which subjected ACP to a civil penalty not to exceed $1,100.00 for 

each violation pursuant to 49 U.S.C. §4630l(a)-(d). 

PJF/tmd Preston J. .Fields, Sr. 

cc: Client 

Andrea Michelle Harper, Esquire 

I\Cp2-server\cp~h=ICJ>~IN\HJSi0R Y\121121 .. 0001\4 E5 4A-pjf( 163-0 12)r.loc. 74 

@ 002/008 
01/03/2013 11:34 FAX 20249&5142 

u.s. Department 

of Transportation 

Federal Aviation 

Administration 

NOV 8 20\2. 

FAA 

· Southern Region 

· Office of the Regional Counsel. 

CERTIFIED -RETURN RECEIPT REQUESTED 

& REGUJ:,..AR MAIL 

Aerial Crop Protection, Inc. 

50 Airpon Road 

Belle Glade, FL 33430 

+ OMS 141003/008 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305·5200 

(404) 305·5223 FAX 

2011S0190332 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On December 21, 2011, you were advised through a Notice of Proposed Civil Penalty that the 

FAA proposed to assess a civil penalty in the amount of$16,575. 

After considering all the evidence:: in this matter, it appears that: 

I. On or about August 24, 2011, ,representatives of the federal Aviation 

Administration (FAA) conducted a routine inspection of Aerial Crop Protection, 

Inc. (ACP) at the Be11e Glade State Municipal Airport (X 10). 

2. Representatives observed N2033R, an Air Tractor AT~504, perfoml aerial chemical 

operations over tields on the northern border of X 10. 

3. At the time of the operations in paragraph 2, ACP did not hold a valid agricultural 

aircraft operator certificate_ 

4. At the Lime of the operations in paragraph 2, ACP was infonned that any aerial 

chemical operati<)ns conducted without a valid agricultural aircraft operator 

certificate could ben violation of the Federal Aviation Regu~ations. · 

5. On or about September 6, 2011, ACP was again infonned that any aerial chemical 

operations conducted without a valid agricultural aircraft operator certificate could 

ben violation ofthe Federal Aviation Regulations. 

6. Between August 24, 2011 and September 21, 2011, ACP perfonned conur1er~ial 

aerial chemical operations on United States Sugar Corporation's fielus. 

7. As a result. ACP violated Section 137.1l(a) of the Federal. Aviation Regulations 

in that except as provided in paragraphs (c) and (d) of this section, no person may 
01/03/2013 11:35 FAX 2024935142 FAA + OMS 141004/008 

conduct agricultural aircraft opcrati<ms without, or in violation of, an agricultural 

aircraft operator cenificate issued under this part. 

Under 49 U.S.C. S¢ctions" 4630J(a)-(d), you are subject to a civil penalcy not to exceed $1,100 

for each of the violations noted. By r~ason of the foregoing facts and circumstances, we propose 

to assess a civil penalty in the arnount of$16,575, 

Unless you mail or personally deliver, in writing, your request for a hearing In this matter, on or 

before fifteen (15) days after you receive this Final Notice, we will issue an Order Assessing 

Civil Penalty and you wiJJ have no further right to a hearing. If you do not submit a written 

requesT for a hearing, you must pay the proposed civil penalty. 

Your request for a hearing must be senl to the Federal Aviation Administration, 600 

Independence Avenue SW,. Wilbur Wright Building, Soitc 2W1000, Washington, DC 20591, 

Attention; Hearing Docket Clerk, AGC-430 (if delivery is in person or via expedited courier 

service) or Federal Aviation Administration, 800 Independence Avenue SW, Wilbur Wright 

Building, Suite 2Wl 000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 

(if delivery is via U.S. Mail), and a copy must be sent to the undersigned FAA attorney. Your 

request must be dated and signed, in accordance with section 13.16 of the Federal Aviation 

Regulations, sent to you with the Notice of Proposed Civil Penalty (14 C.F.R. § 13.16). 

You may pay the proposed penalty by submitting a cenified check or money order payabk to th~o: 

"Federal Aviation Administration" to the undersigned. 

EDDm L. THOMAS 

REGIONAL COUNSEL 

BY;:::;;~ AN.;r~;:~~~EI~ E 

Attorney 

Office of the Regional ounsel 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing FiJ1al NNice of Proposed Civil Penalty has bc:en mailed by Cenified Mail & Regular Mail to: · 

Aerial Crop Protection, Inc. 

SO Airport Road 

Belle Glade, FL 33430 

Preston J. Fields, Sr. 

Preston J. Fields, P.A. 

Attorneys at Law 

J 1211 Prosperity Farms Road, Suite C~30l 

~·l~~:s;3410 Program Analyst 

Office of the Regional Counsl~l 

NOV 8 ZOI2 ... 

Dated ----

~ 005/008 
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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINlSTRA TION, 

Complainant, · 

vs. FAA Docket No. 

Judge ,, '""' ' AERIAL CROP PROTECTION ••• • .J ...... , 

,·~· 

-~ .: _./ 

Respondent. 

JUDGE NOT YET ASSIGNED ,. , = ........ , . ,',.. . . .. •I "' • Y. ,.:.,~· J~ I ;" ~ ~ ...... I! .-r ............ ..... 'lo olof'/1 - .... I ,:; j 

COMPI.AINT 

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), ar1d states as follows: 

I. 

~ 008/008 

On November 8, 2012, Respondent, Aerial Crop Pretection was advised through a Final 

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

of$16,575. On November 30,2012, the Agency Attorney received a wriUen request for a 

hearing from the Respondent. 

II. 

1. On or aboul August 24, 2011, representatives of the Federal Aviation 

Administration (FAA) conducted a routine inspection of Aerial Crop Protection, 

Inc. (ACP) at the Belle Glade State Municipal Airport (Xl 0). 

2. Representatives observed N2033R, an Air Tractor AT -504, perform aerial 

chemical operations over fields on the northern border ofXIO. 

3. At the time of the operations in paragraph 2, ACP did not hold a valid agricultural 

aircraft operator certificate. 

4. At the tin1e of the operations in paragraph 2, ACP was informed that any aerial 

chemical operations conducted without a valid agricultural aircraft operator 

certificate could ben violation of the Federal Aviation Regulations. 
01/03/2013 11:35 F~X 2024935142 FAA -+ OMS ~ 007/008 

5. On or about September 6, 2011, ACP was again informed that any aerial chemical 

operations conducted without a valid agricultural aircraft operator certificate 

could be in violation of the Federal Aviation Regulations. 

6. Between August 24, 2011 and September 21 , 2011, ACP performed commercial 

aerial chemical operations on United States Sugar Corporation's fields. 

Ill. 

7. As a result, ACP violated Section 137.11(a) of the Federal Aviation Regulations 

in that except as provided in paragraphs (c) and (d) of this section, no person may 

conduct agricultural aircraft operations without, or in violation of, an agricultural 

aircraft operator certificate issued underthis part. 

8. Under 49 U.S.C. Sections 46301(a)-(d), you are subject to a civil penalty not to 

exceed $1,100 for each ofthe violations noted. By reason of the foregoing facts 

and circumstances, Wd propose to assess a civil penalty in the amount of $16,575. 

9 Under the facts and circumstances of this case, a civil penalty of$16,575 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$16,575. 

Respectfully submitted this /fY" day of December, 2012. 

Attorney 

Office of the Regional C 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are requir&l. to file a written answer to this 

Complaint, or a WJitten Motion to Dismiss if appropriate, not later thrui 30 days after the date 

shown on the Certificate of Service which follows. 
01/03/2013 11:35 FAX 2024935142 FAA ~ OMS 

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 DockeL Clerk 

FAA, AGC·430, Suite 2W1000 

Wilbur Wright Bullding 

800 Independence Avenue, SW · 

Washington, DC 20591 

Preston J Fields, Sr. 

Preston J. Fields, P.A. 

1121 I Prosperity Fanns Road, Suite C-301 

Palm Beach Gardens, .Florida 33410 

Program Analyst 

Office ofthe Regional CoWISel 

DEC 1 0 2012 

Dated 

(original+ 1 copy) 

@ 008/008