U.S. Department 

of Transportation 

Federal Aviation 

Administration 

\)IJ L : .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: In the Matter of Beach Aviation LLC 

FAA Case No. 2013S0950071 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

RECEIVED 

JUL -7 2015 

HEARING DOCKET 

c90\6- 13J.5 

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 Fort Lauderdale, Florida area, and 

expects that the hearing will last one day. 

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

Federal Aviation Administration 

Office of the 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 of the Regional Counsel 

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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

BEACH AVIATION LLC 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 ofthe Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

1. On June 3, 2015, Respondent, Beach Aviation, LLC was advised through a Final 

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

of $15,400. On June 23, 2015, the Agency Attorney received a written request for a hearing 

from the Respondent. 

II. 

1. At all times material herein, Beach Aviation, LLC (Beach Aviation) was and is 

now the holder of a Letter of Authorization (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 of its 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 Program in 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 than the date it started operations. 

III. 

9. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

10. Section 120.117(b)(2)(ii), which states that a company that intends to begin 

operations as defined in § 91.14 7 of this chapter must implement an FAA drug testing program 

no later than the date it starts operations. 

11. Section 120.225(b)(2)(ii), which states that a company that intends to begin 

operations as defined in § 91.14 7 of this chapter must implement an FAA alcohol testing 

program no later than the date it starts operations. 

12. Pursuant to 49 U.S. C. Sections 46301(a)-(d), Respondent is subject to a civil 

penalty not to exceed $1,100 for each of the violations alleged. 

13. Under the facts and circumstances of this 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 in the amount of $15,400. 

I 

y\-

Respectfully submitted this day of July, 2015. 

BRANDON 

~~ C. GOLDBERG ;?'" 

Attorney 

Office of the Regional Counsel 
PLEASE NOTE: 

Pursuant to Title 14 CPR Section 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 30 days after the date 

shown on the Certificate of Service which follows. 

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 Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Charles Brady 

Beach Aviation, LLC 

3700 Airport Road 

Suite 405 

Boca Raton, FL 3 34 31 

J):::L~fb Program Analyst 

~JU[ ! 'T 2015: 

Dated 

(original+ 1 copy)