U.S. Department 

of Transportation 

Federal Aviation 

Administration 

In Reply 

Refer to: AGL-7B 

RECEIVED 

FEB - 6 2014 

HEARING DOCKET 

Great Lakes Region 

2300 E. Devon Avenue 

Des Plaines, IL 60018 

Area Code 847/294-7862 

CERTIFIED MAIL 

January 30, 2014 

Hearing Docket, Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilber Wright Building - Suite 2W1000 

Re: David A. Draves 

FAA Case No.: 2012-GL-25-0058 

In the event that the Complainant's motion to dismiss is not 

granted, please find the Complaint enclosed. 

Enclosed herewith please find a copy of the Respondent's Request 

for Hearing, dated January 13, 2014, which was received by our 

office on January 15, 2014. Also, please find enclosed the 

original and one copy of the Complaint in the above-referenced 

proceedings. 

The FAA requests that the hearings in these matter be held in 

Cleveland, Ohio, and expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned 

at: 

Kate Barber 

Federal Aviation Administration, AGL-7 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 

Phone (847) 294-7862 

Fax (847) 294-7498 

Email kate.barber@faa.gov 

"Dt%9 

Kat~~'1er Attorney 
Enclosures: Request for Hearing 

Complaint 

cc: Respondent (w/copy of Complaint) 

2 
CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing 

Complaint by mailing copies, as indicated below, via First Class 

Mail, to the following: 

Original and one copy to: 

One copy to: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

David A. Draves 

1878 Tallmadge Road 

Kent, OH 44240 

Dated this 30~ day of January, 2014. 

(_l~J' Leg ~cll'nl~n l!il~~~L O~)(LLfh 1 

~J FAA) Great Lakes Re ion 

3 
January 9, 2014 

David A. Draves 

1780 Foust Road 

Xenia, Ohio 45385 

Federal Aviation Administration 

Hearing Docket, Federal Aviation Administration 

800 Independence Avenue SW, Room 924 A 

Washington, DC 20591 

Attention: Hearing Docket Clerk 

Jeffrey A. Klang 

Federal Aviation Administration 

Great Lakes Region 

2300 East Devon Avenue 

Des Plaines, Illinois 60018 

Mr. Klang, 

Enclosed you will find a copy of the letter sent certified mail with return receipt to Federal 

Administration Attorney KateBarber in the office of Regional Counsel, Great Lakes Region. It 

was rny understanding that I was to respond directly to Ms. Barber and 1 did so in a timely 

manner. The letter that I received from you subsequent to my mailing the letter to Ms. Barber 

indicated that I should respond to you and the aforementioned Hearing Docket in Washington, 

DC. 

I am responding to your letter by enclosing a copy of my original letter requesting a formal 

hearing at my local Flight Standards District Office in Cleveland, Ohio. 

Please note, as I mentioned in my letter to Ms. Barber, the change in my current address. 

Best,~- C) 

·"--"'~ ·-~--~--........ 

David A. Draves 
'· 

~cJ>->!' -·'-· 

. I /' I r lQu f'o-r,.\- \Cu <· 

' I Ln1,q...; Oh 4"53¥" 

/ 

,; 

--.\- --- -·"-"' 

II II .G--- aJJ 

VNJT/iiD:tiTIJ.TES 

POSTAL SERVICE 11111111111111111 

1111111111111111111 

U.S. POSTAGE 

PAID 

H!LBERFDRCE.OH ~5384 

JAN l:f.'H 

AMOUNT 

$6.11 7009 2820 0004 1694 4660 

nHmU~ RECEiPT ~ 

1000 

60018 00-~998~ 

REQUESTED 

~~f-('-r<t \c.\ars 

\-A-~ 

(5u.d--"Lc.iu,. \2..-s,,y., 

L '?, 0 0 't.. '\> v'D"\ 0-ve 

be-">?\tnr<>>, T \ L,col~ 

E.~C:C;_j, f::i$:::j.J;:::::::lf::: Hi ii l.i H,d q !iii d f PI· !1-j I! ni-l'>!,·,· ill 111.: l d d); d-lJ i.,n i ri!); lij! ! ! I .f-1 l. io . .f '' l ' I 1o ! 

.• 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

David A. Draves 

FAA DOCKET NO. (not assigned) 

(Civil Penalty Action) 

DMS NO. (not assigned) 

FAA CASE NO. 2012-GL-25-0058 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby 

files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 

C.F.R. 13.208), and states as follows: 

I 

1. On December 5, 2013, Respondent David A. Draves was advised 

through a Final Notice of Proposed Civil Penalty that the FAA proposed 

to assess a civil penalty in the amount of $1,100. On January 13, 

2014, Respondent submitted a written request for a hearing. 

2. On or about September 16, 2012, you executed a 

parachute operation from an airborne balloon participating in the 

Ravenna Balloon Festival. 

3. At the time of the parachuting operation you exited the 

airborne balloon at approximately 3,700 feet and landed in a field 

surrounded by attendees, and other balloons setting up for launch at 

the Ravenna Balloon Festival. 
4. You intentionally conducted a parachute operation over or 

into a congested area or an open-air assembly of persons without an 

authorization in violation of the Federal Aviation Regulations. 

5. You intentionally conducted a parachute operation and did 

not obtain the proper authorization needed to conduct such an 

operation. 

6. Your operations, as described above, created a hazard to 

persons and property on the surface. 

7. Your operations, as described above, constituted reckless 

conduct so as to endanger the life or property of others. 

II 

By reason of the foregoing facts and circumstances, Respondent 

violated Section(s) 14 CFR Part 105.21 and 14 CFR Part 105.15(b) of 

the Federal Aviation Regulations. 

1. Pursuant to Title 49 of the United States Code, Section 

46301(a) (49 U.S.C. §46301(a)), Respondent is subject to a civil 

penalty not to exceed $1,100 for each violation alleged. 

2. Under the facts and circumstances of this case, a civil 

penalty of $1,100 is appropriate. 

2 

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 $1,100. 
Respectfully submitted this 30th day of January, 2014. 

,/~~ Kate~arber Attorney 

Federal Aviation Administration 

Great Lakes Region, AGL-7 

2300 East Devon Avenue 

Des Plaines, IL 60018 

(847) 294-7862 

FAX: (847) 294-7498 

AGL-7B 

3 
I hereby certify that the foregoing Complaint has been mailed this 

date by Certified Mail, Return Receipt Requested, to: 

Original and One Copy: 

One Copy: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

David A. Draves 

1878 Tallmadge Road 

Kent, OH 44240 

Dated this 30lli day of January, 2014. 

Yo oeatifh nda Qulles 

Le,gal Technician 

F Great Lakes 

4 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

David A. Draves 

FAA DOCKET NO. (not assigned) 

(Civil Penalty Action) 

DMS NO. (not assigned) 

FAA CASE NO. 2012-GL-25-0058 

COMPLAINT 

RECEIVED 

FEB - 6 2014 

HEARING DOCKET 

The Federal Aviation Administration (FAA), by counsel, hereby 

files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 

C.F.R. 13.208), and states as follows: 

I 

1. On December 5, 2013, Respondent David A. Draves was advised 

through a Final Notice of Proposed Civil Penalty that the FAA proposed 

to assess a civil penalty in the amount of $1,100. On January 13, 

2014, Respondent submitted a written request for a hearing. 

2. On or about September 16, 2012, you executed a 

parachute operation from an airborne balloon participating in the 

Ravenna Balloon Festival. 

3. At the time of the parachuting operation you exited the 

airborne balloon at approximately 3,700 feet and landed in a field 

surrounded by attendees, and other balloons setting up for launch at 

the Ravenna Balloon Festival. 
4. You intentionally conducted a parachute operation over or 

into a congested area or an open-air assembly of persons without an 

authorization in violation of the Federal Aviation Regulations. 

5. You intentionally conducted a parachute operation and did 

not obtain the proper authorization needed to conduct such an 

operation. 

6. Your operations, as described above, created a hazard to 

persons and property on the surface. 

7. Your operations, as described above, constituted reckless 

conduct so as to endanger the life or property of others. 

II 

By reason of the foregoing facts and circumstances, Respondent 

violated Section(s) 14 CFR Part 105.21 and 14 CFR Part 105.15(b) of 

the Federal Aviation Regulations. 

1. Pursuant to Title 49 of the United States Code, Section 

46301(a) (49 U.S.C. §46301(a)), Respondent is subject to a civil 

penalty not to exceed $1,100 for each violation alleged. 

2. Under the facts and circumstances of this case, a civil 

penalty of $1,100 is appropriate. 

2 

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 $1,100. 
Respectfully submitted this 30th day of January, 2014. 

Attorney 

Federal Aviation Administration 

Great Lakes Region, AGL-7 

2300 East Devon Avenue 

Des Plaines, IL 60018 

(847) 294-7862 

FAX: (847) 294-7498 

AGL-7B 

3 
I hereby certify that the foregoing Complaint has been mailed this 

date by Certified Mail, Return Receipt Requested, to: 

Original and One Copy: 

One Copy: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

David A. Draves 

1878 Tallmadge Road 

Kent, OH 44240 

Dated this 30th day of January, 2014. 

F 

nda Quiles 

,gal Technician ' 

Great Lakes 

4