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# G/51- r;o:J, OJ_bUSouthern Region U.S. Department ofTransportation Office ofthe Regional Counsel Federal Aviation Administration



### JUN 

## -3 2015] CERTIFIED- RETURN RECEIPT REQUESTED & REGULAR MAIL President BeachAviation LLC 911 NE IO'h Street, Pompano BeachA Pompano Beach, FL 33060 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX
2013S0950071 

# RECEIVED JUN 18 2015 

## HEARING DOCKET FINAL NOTICE OF PROPOSED CIVIL PENALTY On May 21, 2014, you were advised through a Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penaltyinthe amount of$15,400. As ofthis date we have received no response to this Notice. Afterconsidering all the evidence in this matter, it appears that: I. At all times material herein, Beach Aviation, LLC (Beach Aviation) was and is now the holder ofa Letter ofAuthorization (LOA) issued bythe FAA, authorizing it to conduct commercial airtour 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 testingprograms 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 complywith 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. On or about September 8, 2012, Beach Aviation started operations as defined in§ 91.147. 5. Beach Aviation was required to implement an FAA drug testing program and an FAA alcohol testingprogramno laterthan September 8, 2012. 6. Between September 8, 2012 and on or about December 3, 2012, BeachAviation failed to implement an FAA drug testingprogram.7. Between September 8, 2012 and on or about December3, 2012, Beach Aviation failed to implement an FAA alcohol testingprogram. 8. As a result, Beach Aviation failed to implement an FAA drug or alcohol testing program no laterthan the date it started operations. 9. By reason ofthe foregoing, Beach Aviation violated the following sections ofthe Federal Aviation Regulations: A. 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 testingprogramno laterthan the date it starts operations. B. Section 120.225(b)(2)(ii), which states that a company that intends to begin operations as defined in§ 91.147 ofthis chaptermust implement an FAA alcohol testingprogram no laterthan the date it starts operations.
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. Byreason ofthe foregoing facts and circumstances, we propose to assess a civil penalty in the amount of$15,400. Unless you mail orpersonally deliver, in writing, your request for ahearing 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 request for ahearing, youmustpay the proposed civil penalty.Your 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 2W1000, 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 the Notice ofProposed Civil Penalty (14 C.F.R. §13.16). Youmaypaythe proposedpenaltyby submitting a certified check ormoney orderpayable to the "Federal Aviation Administration" to the undersigned. RANDY ELLEN HYMAN

BY: DEL TRICK H. JOHNSON Attorney Officeofthe Regional Counsel CERTIFICATE OF SERVICE I hereby certify that the foregoing Final Notice ofProposed Civil Penalty has been mailed by Certified Mail & RegularMail to: President BeachAviation LLC 911 NE IO'h Street, Pompano Beach A Pompano Beach, FL 33060 Mr. Charles Brady 4800 BayviewDrive Ph,#5 Ft. Lauderdale, FL 33308

Legal

**~s :J{llll.l"~**  Office ofthe Regional Counsel 

## JUN-

**~·3 2015~**  Dated