U.S. Department ofTransportation Federal Aviation Administration In Reply Refer to: AGL-7B 

# RECEIVED FEB - 62014 HEARING DOCKET Great Lakes Region 2300 E. DevonAvenue 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** AttorneyEnclosures: Request for Hearing Complaint
cc: Respondent (w/copy of Complaint) 

### 2CERTIFICATE 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.

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### January9, 2014 DavidA. Draves 1780 Foust Road Xenia, Ohio45385 FederalAviationAdministration Hearing Docket, FederalAviation Administration 800 IndependenceAvenueSW, Room 924A Washington, DC20591 Attention: Hearing DocketClerk JeffreyA. Klang FederalAviationAdministration Great Lakes Region 2300 EastDevonAvenue Des Plaines, Illinois60018
Mr. Klang, Enclosed you willfind acopyofthe lettersentcertified mailwith return receiptto Federal AdministrationAttorney KateBarberinthe officeof Regional Counsel, Great Lakes Region. It was rny understandingthat Iwasto respond directlyto Ms. Barberand 1

### didso in atimely manner. The letterthat Ireceivedfromyou subsequentto my mailingthe letterto Ms. Barber indicatedthat Ishould respondtoyou andthe aforementioned Hearing Docket in Washington, DC. Iam respondingtoyour letterbyenclosing acopyof myoriginal letterrequesting aformal hearing atmy local FlightStandards DistrictOffice in Cleveland, Ohio. Please note, as Imentioned in myletterto Ms. Barber, the change in mycurrentaddress.

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. .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 

### 3I 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.

# oeatifh Yo nda Qulles Le,gal Technician F Great Lakes 

### 4U.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 - 62014 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 

### 3I 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