U.S. Department ofTransportation Federal Aviation Administration



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# .1 2015' Southern Region Office of the Regional Counsel

CERTIFIED
- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Re: Inthe Matter ofBeachAviation LLC FAA Case No. 2013S0950071 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

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## -7 2015 

## HEARING DOCKET 

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Enclosedherewith please find a copy ofa request for hearing and the original and one copy of the Complaintinthe above-referenced proceeding. The FAArequests thatthe hearing in this matter be held inthe Fort Lauderdale, Florida area, and expects thatthe hearing will last one day. Please address all communications for the FAAto the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, ASO-7 Southern Region 1701 ColmnbiirAvenue College Park, GA 30337 'Felephone:' (404) 305-5200, facsimile (404) 305-5223. Sincerely, · · ·



# ~(~ BRANDON C. GOLDBERG Attorney Office ofthe Regional Counsel Enclosl.)res ,

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# LJ)_0uU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. BEACH AVIATION LLC Respondent.
JUDGENOT YET ASSIGNED FAA DocketNo. Judge

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 oftheRules ofPractice (14 C.F.R. 13.208), and states as follows: I. 1. OnJune 3, 2015, Respondent, Beach Aviation, LLC was advised through a Final Notice ofProposed Civil Penaltythatthe FAAproposed to assess a civil penalty inthe amount of$15,400. On June 23, 2015, the Agency Attorneyreceived a written request for ahearing from the Respondent. II. 1. At all times material herein, Beach Aviation, LLC (Beach Aviation) was and is now the holder ofa Letter ofAuthorization (LOA) issued by the FAA, authorizing it to conduct commercial air tour operations under 14 C.F.R. § 91.147. 2. At all times material herein, 14 C.F.R. § 91.147(d) and its LOA A049-2, issued on or about September 7, 2012, required that Beach Aviation register and implement its drug and alcohol testing programs in accordance with 14 C.F.R. part 120. 3. At all times material herein, 14 C.F.R. § 91.147(e) required that Beach Aviation comply with the provisions ofits LOA, which provides that Beach Aviation will comply with the requirements of 14 C.F.R. part 120 and 49 C.F.R. part 40 and fully implement an Antidrug Testing and Alcohol Misuse Prevention Programin accordance with these regulations.4. 

### 91.147. On or about September 8, 2012, Beach Aviation started operations as defined in§
5. Beach Aviation was required to implement an FAA drug testing program and an FAA alcohol testing program no later than September 8, 2012. 6. Between September 8, 2012 and on or about December 3, 2012, Beach Aviation failed to implement an FAA drug testing program. 7. Between September 8, 2012 and on or about December 3, 2012, Beach Aviation failed to implement an FAA alcohol testing program. 8. As a result, Beach Aviation failed to implement an FAA drug or alcohol testing program no later thanthe date it started operations.

III. 

### 9. By reason ofthe foregoing facts and circumstances, Respondent violated the following sections ofthe Federal Aviation Regulations: 10. Section 120.117(b)(2)(ii), which states that a company that intends to begin operations as defined in 

### § 91.147 ofthis chapter must implement an FAA drug testing program no later thanthe date it starts operations. 11. Section 120.225(b)(2)(ii), which states that a company that intends to begin operations as defined in § 91.147 of this chapter must implement an FAA alcohol testing program no later thanthe date it starts operations. 12. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subjectto a civil penalty not to exceed $1,100 for each ofthe violations alleged. 13. Under the facts and circumstances ofthis case, a civil penalty of$15,400 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an order that Respondent be assessed a civil penalty inthe amount of$15,400. 

# Iy\- Respectfully submitted this day ofJuly, 2015.



# ~~ BRANDON C. GOLDBERG ;?'" 

### Attorney Office ofthe Regional CounselPLEASE NOTE: Pursuantto Title 14 CPR Section 13.209(a), you are required to file a written answer to this Complaint, or a written Motion to Dismiss ifappropriate, not later than 30 days after the date shown onthe Certificate ofService which follows. CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complainthas beenmailed this date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Charles Brady BeachAviation, LLC 3700 Airport Road Suite 405 BocaRaton, FL 33431

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# 2015: Dated (original+ 1 copy)