02/19/2015 10:36 FAX 3107256816 A\VP-7 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFlCE OF HEARlNGS 

WASIDNG:TON, DC 

In tbe Matter of Marco Fimbres: 

FAA DOCKET UNASSIGNED 

FAA CASE NO. 20l4WP070124 

Respondent 

,nJDGE NOT ASSIGNED 

COMPLAINT 

141012 

The Complainant files its Complaint, pursuant to Rule 208 of the Ruks of Practice 

(14 C.F.R. 13-208), and states as follows: 

l. 

Respondent, Marco Fimbres, was advised through a Final Notice of Proposed Civil 

Penalty, dated January 22, 2015, that the FAA proposed 1o assess a civil penalty in the 

amount of$7,000.00. On January 26,2015, Respondent submitted a Wiitten request !clr a 

hearing. The request was received by the agency on february 3, 2015. 

ll. 

l. On or about June 8, 2014, at approximately 0010 local, Rcspondenl pointed a 

laser at an aircraft. 

2. The aircraft Respondent pointed the laser at was a Helio Courier mcdel .H-800 

aircraft, civil registration number N400HE, which was flying .ne~r Benson 

Highway and Country Club Road in Tucson, Arizona. 
02/19/2015 10:36 FAX 3107255816 AWP-7 

3. The beam of light illuminated the cockpit ofN400HE. 

4. The beam of light interfered with a crewmember in the performance of the 

crewmcmber's duties aboaTd N400HE. 

III. 

By reason of the foregoing facts and circumstances, Respondent violated the fo]k,,~ing 

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

liiJ 013 

3 

Section 91.11, which states that no person may assault, threaten, intimidate, or 

interfere with a crewmember in the performance of the crewmembcr's duties aboard 

an aircraft being operated. 

IV. 

L Pursuant to Title 49 U.S.C. Section 4630I(a), Respondent is subject to a civil 

pena.lty not to exceed $)1,000.00 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $7,000.00 i~ 

appropriate. 
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WHEREFORE, the Complainant, respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $7,000.00. 

Respectfully, submitted, 

' 

--, 

I 

Lie1re Green 

Altomey 

. .:-. 

Oftice1ofthe Regional Counsel 

Fedefal Aviation Administration 

Western-Pacific Region 

DATED: FEB 1 g 2015 
02/19/2015 10:36 FAX 3107256816 AWP-7 141 015 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by facsimile and placed in the (.Jnitecl 

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

and one copy of the Compbint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

Facsimile: (202) 493-5142 

I further certify that on this elate I have placed in the United States mail, postage 

prepaid, certified mail- rctum receipt 1·eques1ed, and regular mail, a true copy of the 

Complaint, addressed as follows: 

Dated: 

Marco Fimbres 

4444 l!. Benson Highway, Trlr 21 

Tucson, A2 85706 

FEB 1 !I 2015 

____a ~... '~~ ' 

JeffK ' ·erg, Legal ~ic~ Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California