10/22/2014 06:40 FAX 3107256816 AWP-7 141002 

U.S Department Western-Pacific Region P.O. Box 92007 

of Transportation Office of the Regional Counsel Los Angeles, CA 90009-2007 

Federal Aviation 

Administration 

OCT. 22 2014 

Telephone: (310) 725-7138 

Facsimile: (31 0) 725-6816 

CERTIFIED MAIL· RETURN RECEIPT REQUESTED and FACSIMILE 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 2059) 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-- Suite 2WJOOO 

Re: In the Matter ofJohn Nvol. FAA Case No. 2010WP250060 

Enclosed is a copy of a request for hearing postmarked October 7, 2014, received by our 

office on October 15,2014, and the original and one copy of the Complaint in the abovereferenced proceeding. 

I request that the hearing in this matter be held in the Los Angeles, California area. and 

expect that the hearing will last one (1) day. 

Please address all communications for the Regional Counsel of the Western-Pacific Region. 

to the undersigned, at: Office of the Regional Counsel, A WP-7.11, Federal Aviation 

Administration, Western-Pacific Region, P. 0. Box 92007, Los Angeles, CA 90009-2007, 

Telephone: (310) 725-7138, FAX: (310) 725 .. 6816. 

Sincerely, 

NAOMI TSUDA 

Regional Counsel 

By: 

I~R:__ ~~--n~ds~a~~- '"'_ -~-a"a""'am~ . .t::;,tr"": ""C'"'-""""""'..--L.: 

Attorney 

Enclosures: Request for Hearing; Complaint; Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT 

LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT 

TO SECTION l3.208(D) OR SECTION 13.2J 8(F)(l-4) Of THE RULES OF PRACTICE. 
10/22/2014 06:41 FAX 3107256816 

John Nypl 

16325 State Hwy_ 49 

Grass Valley, CA 95949 

October 7, 2014 

Lindsay M. Nakamura 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Case No_ 20 I OWT'250060 

A\VP-7 

I am requesting a hearing for a case no. 2010WP250060_ 

}'rely,~ 

p 

JohJl Nypl 

10/07/2014 

liiJ 003 
 

JOHN NYPL 

163Z5 STATE HWY 49 

GRASS VALLEY, CA 95949 

\ 7010 0780 0001 2327 8985 OPENED BYr3l0 

SECURITY GDrH!W . P N . 

AWP-700 DATE 10 H ( ,. Lindsay Nakamura P.O. Eox92007 

Los Angeles, CA 90009-2 007 

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PENRYI/.CA 

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10/22/2014 06:41 FAX 3107256816 AWP-7 

U.S. DEPARTMENT OF TRANSPORT A TTON 

OFFICE OF HEARlNGS 

WASHINGTON, DC 

In the Matter of John Nypl: 

FAA DOCKET UNASSIGNED 

FAA CASE NO. 2010WP250060 

Respondent 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of?ractice 

(14 C_F_R. 13.208), and states as follows: 

I. 

Respondent, John Nypl, was advised through a Final Notice of Proposed Civil 

Penalty, dated September 24,2014, that the FAA proposed to assess a civil penalty in the 

arnOlmt of$5,700.00. On October 7, 2014, Respondent submitted a written request ±bra 

hearing. 

IL 

li/i 005 

I. Respondent is, at all times mentioned herein was, the owner of a Cessna 172 

aircraft, Civil Registration No. N20503. 

2. On or about July 15, 2010, Respondent authorized the operation ofN20503 at the 

Redding Municipal Airport (RDD) in Redding, Califomia. 
10/22/2014 06:41 FAX 3107256816 AWP-7 l4l 006 

3. N20503 taxied to Runway 34 without receiving a clearance from mr traffic 

controL 

4. N20503 took off from Runway 34 without receiving a clearance fnm· air tra±11c 

control. 

5. N20503 departed RDD without maintaining two-way radio comrnunic<ilions with 

the control tower. 

6. The operation of N20503 as described herein was careless or reckless so as to 

endanger the life or property of another. 

III. 

By reason of the foregoing facts and circumstances, Respondent violated the following 

sections of the Federal Aviation Regulations (Title 14, Code of Federal Regulations): 

a. 91. I 29(i), which states that no person may, at any airport with an 

operating control tower, ope1:ate an aircraft on a runway or taxiway. or 

take otJ or land an aircraft, unless an appropriate clearance is received 

fi-ornATC· , 

b. 91.129(c)(2)(i), which states that each person operating an aircraft in 

Class D airspace must meet the following two-way radio communi~ations 

requirements: (2) Departing flight. Each person from the primary ai1vort 

or satellite airport with an operating control tower must establish and 

maintain two-way radio communications with the control tower, cmd 
10/22/2014 06:41 FAX 3107256816 AWP-7 141007 

thereafter as instructed by ATC while operating in the Class D airspace 

area; and 

c, 9Ll3(a), which states that no person may operate an aircraft in a careless 

or reckless manner so as to endanger the life or property of another 

rv. 

i. Pursuant to Title 49 U.S.C. Section 4630l(a)(5)(A), Respondent is subject to 

a civil penalty not to exceed $11,000.00 for each of the violations alleged_ 

2. Under the facts and circumstances ofthis case, a civil penalty of $5.700.00 is 

appropriate. 

WHEREFORE, the Complainant, respectfully requests that the Administrative Law 

Judge enter an order tlmt Respondent be assessed a civil penalty in the amount of $5.700.00 

Respectfully submitted, 

~A>, .. k [::::0~ LindSB;illnura 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

DATED: 

OCT. 2 2 2014 
10/22/2014 06:41 FAX 3107256816 AWP-7 

CERTIFICATE OF SERVICE 

I hereby certify that on this date J have sent by facsimile and placed in the i Jnited 

States mail, postage prepaid, certified mail -return receipt requested, the executed original 

and one copy of the Complaint, addressed as :follows: 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 2059) 

Attu: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building--suite 2W1000 

Facsimile: (202) 493-5142 

T further certify that on this date I have placed in the United States maiL postage 

prepaid, certified mail- retum receipt requested, and flrst class mail, a true copy cf the 

Complaint, addressed as follows: 

JohnNypl 

16325 Highway 49 

Grass Valley, CA 95949-9118 

Dated: OCT 22 2014 

7 

, Legal Technician 

Office of the Regional Counsel 

federal Aviation Administration 

Western-Pacific Region 

Lawndale, California 

141008 
10/22/2014 06:40 FAX 3107256816 AWP-7 l4J 001 

Federal Aviation 

Administration 

r----

~ 

I Hearing Docket Cler1<, AGC-430 Office of the Regional Counsel. f',WP-7 

PO Box92007 1-" 

Phone: ··- Fax: @?)493-5142 

From; Linds<l}'_Nakamura 

ntle FAA Attorney, AWP-7.11 

October 22, 2014 

Date: 

8 

Pages wlcover 

D Per your Request 

D For Coordination 

NOTF.:S/COMMENTS: 

Los Angeles, CA 90009-2007 

Telephone: (310) 725-7138 

Facsimile: (310) 725-il816 

Ern ail: 

Facsimile 

Description of item be'1ng transmllted: 

Complaint 

D For Review D Please Comment 

l1f Hard Copy to Follow via US MAIL 

RE: John Nypl, FAA Case No. 2010WP250060 

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