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U.S. Department Southern Region 

of Transportation Office of the Regional Counsel 

Federal Aviation 

Administration 

JUN -3 2015] 

CERTIFIED- RETURN RECEIPT REQUESTED 

& REGULAR MAIL 

President 

Beach Aviation LLC 

911 NE IO'h Street, Pompano Beach A 

Pompano Beach, FL 33060 

P.O. Box 20636 

Atlanta, Georgia 30320 

( 404) 305-5200 

(404) 305-5223 FAX 

2013S0950071 

RECEIVED 

JUN 1 8 2015 

HEARING DOCKET 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On May 21, 2014, you were advised through a Notice of Proposed Civil Penalty that the FAA 

proposed to assess a civil penalty in the amount of $15,400. As of this date we have received no 

response to this Notice. 

After considering 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 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. 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 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. 

9. By reason of the foregoing, Beach Aviation violated the following sections of the 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 of this chapter must implement an FAA drug 

testing program no later than 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 of this chapter must implement an FAA alcohol 

testing program no later than 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 of the violations noted. By reason of the foregoing facts and circumstances, we propose 

to assess a civil penalty in the amount of $15,400. 

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. If you do not submit a written 

request for a hearing, you must pay 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 (if delivery 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 

(if delivery 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, sent to you with the Notice of Proposed Civil Penalty (14 C.F.R. §13.16). 

You may pay the proposed penalty by submitting a certified check or money order payable to the 

"Federal Aviation Administration" to the undersigned. 

RANDY ELLEN HYMAN 

BY: 

DEL TRICK H. JOHNSON 

Attorney 

Office of the Regional Counsel 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Final Notice of Proposed Civil Penalty has been mailed by 

Certified Mail & Regular Mail to: 

President 

Beach Aviation LLC 

911 NE IO'h Street, Pompano Beach A 

Pompano Beach, FL 33060 

Mr. Charles Brady 

4800 Bayview Drive Ph,#5 

Ft. Lauderdale, FL 33308 

Legal ~s :J{llll.l"~ 

Office of the Regional Counsel 

JUN- ~·3 2015~ 

Dated