Southern Region U.S. Department ofTransportation Office ofthe Regional Counsel Federal Aviation Administration



### CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Re: In the Matter ofGary Carroll FAA Case No. 2012S0150142 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

# RECEIVED MAR 09 2015 

## HEARING DOCKET 

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Enclosed herewithplease find a copy ofarequest for hearing and the original and one copy of the Complaint inthe above-referenced proceeding. The FAA requests that the hearing in this matter be held in the Orlando, Florida area, and expects that the hearing will last one day. Please address all communications for the FAAto the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, ASO-7 SouthernRegion 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,

# {:)_,~/'~~~**A/r;~~~CHELLE** A ER Senior Attorney Office ofthe Regional Counsel EnclosuresU.S. 

### DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. Gary Carroll Respondent.
JUDGENOT YET ASSIGNED FAA DocketNo. Judge



### COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. On July 18, 2014, Respondent, Gary Carroll was advised through a Final Notice ofProposed Civil Penaltythat the FAAproposedto assess a civil penalty in the amount of$11,000. On February 13,2015, the Agency Attorney received a writtenrequest for a hearing from the Hearing Docket Clerk. II. 1. On or about July 15, 2012, at approximately 1:30 a.m., you knowingly aimed a beam of light from a laser pointer at a Polk County Sheriff's Department helicopterthat was flying inthe area ofHighland City, Polk County, Florida. 2. The beam of light illuminated the cockpit of the Polk County Sheriffs Police Departmenthelicopter. 3. The beam of light interfered with the crewmembers' performance oftheir duties aboard that aircraft.III. 

### 1. By reason ofthe foregoing circumstances, Respondent violated Section 91.11 of the Federal Aviation Regulations in that no person may interfere with a crewmember in the performance ofthe crewmember's duties aboard an aircraft being operated. 2. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil penalty not to exceed $1,100 for each ofthe violations alleged. 3. Under the facts and circumstances ofthis case, a civil penalty of$11,000 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$11,000. Respectfully submitted this
____day ofMarch, 2015.



# ~~ Senior Attorney Office ofthe Regional Counsel PLEASE NOTE: 

### Pursuant to Title 14 CFR Section l3.209(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 on the Certificate ofService which follows.

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## HEARING DOCKETu.s. Department ofTransportation Federal Aviation Administration 

## [UL 1 8 2014 Southern Region Office ofthe Regional Counsel



### CERTIFIED_- RETURN RECEIPT REQUESTED & 

### REGULAR MAIL Gary D. Carroll 

### P. 0. Box 

### 1i63 Highland City, 

### FL 33846 P.O. Box 20636 Atlanta, Georgia 30320

. (404) 305-5200

(404) 305-5223 FAX 20!2S0150142

FINAL NOTICE OF PROPOSED CIVIL PENALTY On March 22, 2013, you were advised through a Notice ofProposed Civil Penalty that the FAA proposed to assess a civilpenaltyin the amount of$11,000. After considering all the evidence inthis matter, it appears that: l. On or about July 15, 2012, at approximately I:30 a.m., you knowingly aimed a beam of light from a laser pointer at a Polk County Sheriffs Department helicopterthat was flying inthe area ofHighland City, Polk County, Florida. 2. The beam of light illuminated the cockpit of the Polk County Sheriffs Police Departmenthelicopter. 3. The beam oflight interfered with the crewmembers' performance oftheir duties aboard that aircraft. 4. By reason of the foregoing circumstances, you violated Section 9L!l of the Federal Aviation Regulations in that no person may interfere with a crewmember in the performance ofthe crewmember'sduties aboard an aircraft being operated. Under 49 U.S.C. Sections 4630l(a)-(d), you are subject to a civil penalty not to exceed $1,100 for each ofthe violations noted. By reason ofthe foregoing facts and circumstances, we propose to assess a civil penalty in the amount of$11,000. 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 will have no further right to a hearing. 

### Ifyou do not submit a written



### r~, you must pay theproposed civil penalty. '--- 

# RECE(VED AUG 0G 

## 2014 

## HEARING DOCKETYour request for a hearing must be sent to the Federal Aviation Administration, 

### 600 Independence Avenue SW, Wilbur Wright Building, Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 (ifdelivery is in person or via expedited courier service) or Federal Aviation Administration, 

### 800 Independence Avenue SW, Wilbur Wright Building, Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 (ifdelivery 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, sentto you with theNotice ofProposed Civil Penalty (14 C.F.R. §13.16). You may paythe proposedpenalty by submitting a certified check ormoney orderpayable to the "Federal Aviation Administration" to the undersigned. RANDY ELLEN HYMAN

**RE~AL** COUNSEL



# J.H!~~~{~ T Attorney Office ofthe Regional Counsel CERTIFICATE OF SERVICE I hereby certify that the foregoing Final Notice ofProposed Civil Penalty has been mailed by Certified Mail & RegularMailto: Gary D. Carroll P. 0. Box 1163 Hi hland City, FL 33846

# CProgram Analyst 

## .J.!JL 1 8 201f Dated

### CERTIFICATE OF SERVICE I hereby certify that a copy ofthe 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 Gary D. Carroll P. 

### 0. Box 1163 Highland City, FL 33846



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Program Analyst 

## MAR 5 2015 Dated (original 

### + 1 copy)