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US Deparment ‘foe of tha Chet Couns Ecler aon aa arena Ae. ‘Administration Cotege Pa, OA sos? “CI FEB 17 200 RE: Marcos Plaja-Ferreira, Case No. 201680630006 ‘NOTICE OF PROPOSED ASSESSMENT Based on the following facts and circumstances, it appears that you violated the regulations of the Federal Aviation Administration: 1. Onor about Ociober 18, 2015, you operated a Tarot 680 Pro, an Unmanned Aircrafi System (UAS) as defined in Section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95). 2. The referenced October 18, 2015 UAS operation was near the Caribe Hilton Hotel property in San Juan, Puerto Rico. 3. During the referenced October 18, 2015 UAS operation, your 680 Pro UAS collided midair with a Dronada FoxTech D-130, an UAS. 4, Your 680 Pro UAS crashed into the water by near the Caribe Hilton Hotel property as a result of the above-referenced midair collision wit the 680 Pro. UAS, causing damage to the hotel property. 5. During the referenced October 18, 2015 UAS operation, yout 680 Pro UAS. operated within Femando Luis Ribas Dominicei Airport ($1G) Class D airspace. 6. During the referenced October 18, 2015 UAS operation, you were not in two-way ‘communication with the Air Traffic Control (ATC) facility providing air traffic sorvices while operating in the SIG Class D airspace. 7. Your October 18, 2015 UAS operation, as described in Paragraph 2, was careless or reckless conduct so as to endanger the life or property of another because the UAS crashed midair into another UAS. 8. Your October 18, 2015 UAS operation, as described in Paragraph 2, was careless ‘or reckless conduct so as to endanger the life or property of another because the UAS operated in SIG Class D airspace without being in two-way communication with ATC. As aresult ofthe foregoing, it appeats that you violated: (®) _14CFR. §91.13(a) in that no person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another. (b) 14 CFR. § 91.129(0), (¢)(1) in that unless otherwise authorized or required by the ATC facility having jurisdiction over the Class D airspace area, cach person ‘operating an aicraft in Class D airspace must comply with the applicable provisions ofthis section and §§ 91.126 and 91.127, including that each person ‘operating an aircraft in class D aitspace must establish two-way radio ‘communication with the ATC facility providing air trafic services. Under 49 U.S.C. § 46301(a)(1), you are liable to the United States Government for a civit jpenalty of not more than $1,100 for each violation of the Federal Aviation Regulations. After reviewing the facts and circumstances in our file, the FAA proposes to assess a civil penalty in the amount of $1,100. Enclosed is information on your options in responding to this Notice. ‘The‘options include participating in an informal conference with an FAA attomey, and submitting information to the FAA for consideration. You must submit, in writing, your choice of the alternatives explained on the enclosed information form, on or before 15 days after you receive this notice. ‘This may bbe accomplished by completing and returting the enclosed reply form within 15 days after you receive this notice. If you fail to submit your choice within 1 days after you received this notice, you will have no further tight to participate inthe informal procedures. Please direct all communications to Ryan Landers at 1701 Columbia Ave., College Patk, GA 30337, telephone (404) 305-5206, ot fax (404) 305-5223. Peter J. Lynch Assistant Chief Counsel for Enforcement) By: 1701 Columbia Ave. College Park, GA 30337 email: ryan landers@jfaa.gov Telephone: (404) 305-5200 (mai) (404) 305-5206 (direct) (404) 305-5223 (fax) Enclosures: Information Sheet and Reply Form 14CER. $13.18 CERT! OF SERVIC! Thereby certify that the foregoing Notice of Proposed Civil Assessment has been sent by certified mail and regular mail to: Marcos Piaja-Ferre / GERALD A ERRINGS Progratn Analyst Fes 17 208 Dated 2 8, apart (en fe Cnt Cos fetgcman vin Siren Gaye Pat CASosar u (FIED Ri aud FEB 25 2006, “Alberto Haber Flores RE: Alberto Haber-Flores, Case No. 201680630005 NOTICE OF PI ‘Based on the following facts and circumstances, it appears that you violated the regulations of the Federal Aviation Administration: 1. On or about October 18, 2015, you operated a Dronada FoxTech D-130, an ‘Unmanned Aircraft System (UAS) as defined in Section 331 of the FAA, ‘Modemization and Reform Act of 2012 (Public Law 112-95). 2, ‘The referenced October 18, 2015 UAS operation was near the Caribe Hilton Hotel ‘Property in San Juan, Puerto Rico. 3. During the referenced October 18, 2015 UAS operation, your D-130 UAS collided midair with a Tarot 680 Pro, an UAS. 4, Your D-130 UAS crashed onto the Caribe Hilton Hotel property as a result of the above-referenced midair collision with the 680 Pro UAS, causing damage to the hotel property. During the referenced October 18, 2015 UAS operation, your D-130 UAS operated within Femando Luis Ribas Dominicci Airport (SIG) Class D airspace. 6. During the referenced October 18, 2015 UAS operation, you were not in two-way ‘communication with the Air Traffie Control (ATC) facility providing air traffic services while operating in the SIG Class D airspace, 7. Your October 18, 2015 UAS operation, as described in Paragraph 2, was careless, or reckless conduct so-as to endanger the life or property of anothier because the UAS crashed midair into another AS. 8. Your October 18, 2015 UAS operation, as described in Paragraph 2, was careless ‘or reckless conduct so as to endanger the life or property of another because the AS operated in SIG Class D airspace without being in two-way communication with ATC, ‘As a result ofthe foregoing, it appears that you violated: (2) 14CF.R. § 91.13(@) in that no person may operate an aircraft in a careless or reckless manner 80 as to endanger the life or property of another. () 4 CFR. § 91.129(@, (€)() in that unless otherwise authotizéd or required by the ATC facility having jurisdiction over the Class D airipace-area, each person. ‘operating an aircraft in Class D airspace must comply with the applicable provisions of this section and §§ 91.126 and 91.127, including that each person ‘operating an aircraft in class D airspace must establish two-way radio communication with the ATC facility providing air traffic services. Under 49 U.S.C. § 46301(a)(1), you are liable to the United States Government fora civil penalty of not more than $1,100 for each violation of the Federal Avistion Regulations, After reviewing the fhcts and circumstances in our fle, the FAA proposes to assess a civil penalty in the amount of $1,100. Enclosed is information on your options in responding to this Notice. The options include participating in an informal conference with an FAA attomey, and submitting information to the FAA for consideration. You must submit, in writing, your choice of the alternatives explained ‘on the enclosed information form, on or before 15 days after you receive this notice. This may be accomplished by completing and returning the enclosed reply form within 15 days after you receive this notice, If you fail to submit your choice within 15 days after you received this notice, you will have no further right to participate in the informal procedures. Please direct all communications to Ryan Landers at 1701 Columbia Ave., College Park, GA 30337, telephone (404) 305-5206, or fax (404) 305-5223. Peter J, Lynch ‘Assistant Chief Counsel for Enforeement By: = Landers Enforcement Division, Southern Team 1701 Columbia Ave. College Park, GA 30337 email: ryan.landers@faa.gov Telephone: (404) 305-5200 (main) (404) 305-5206 (direct) (404) 305-5223 (fax) Enclosures: Information Sheet and Reply Form 14CER §13.18 NE RVICI Thereby certify that the foregoing Notice of Proposed Civil Assessment has been sent by certified mail and regular mail to: Alberto Haber-Flores GERALD A. JENNI Program Analyst Dated Q Seuthwest Ragin ffs of Regional Counsot ‘evans, Lai, 2e0t Meacham Ev Now tic, Ocahoma, Fouwor, Teese 76157 pane Teme (Giryzz2 2000. Pax (B17) 2209848 of ronipencton Federal Aviation ‘Administration JUL 02 205 SENT VIA EMAIL, CERTIFIED MAIL - RETURN RECEIPT REQUESTED and REGULAR MAIL Robert L. Eddelman RE: Case No. 20148000004 ORDER OF ASSESSMENT ‘You were advised through a Notice of Proposed Assessment, dated December 3, 2014, that the FAA proposed to assess a civil penalty in the amount of $2,200.00. After considering all the evidence presently a part of this proceeding, inching the information presented by you, and pursuant to the settlement agreement reached between you and agency ‘counsel, the Administrator has determined that: COUNTI 1. Onor about June 8, 2014, you were the pilot-in-command of a Dll Phantom Vision 2 remotely piloted quadcopter, model PV331, serial mumber PH648220562, (Aircraft 1) in the vicinity of AT&T Stadium, Arlington, Texas. 2, Aircraft 1 referenced above is an Unmanned Aircraft as defined in Section 331 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (Public Law 112-95) (FMRA). ‘You lost control of Aircraft 1 and it subsequently crashed onto the roof of AT&T Stadium, 4. You did not operate Aircraft 1 within visual line of sight. 5. As aresult of your operation as described above, Aircraft 1 became lodged on top of the-dome of AT&T Stadium. 6. You operated Aircraft 1 within approximately 5 miles of Grand Prairie Municipal Airport (KGPM), in Grand Prairie, Texas, without providing the airport operator and the airport Air Traffic Control tower prior notice of your operation. COUNTIT 7. On or about June 8, 2014, you launched a second remotely piloted Unmanned Aircraft System (UAS) (Aireralt2) after crashing Aircraft 1 referenced in paragraph 1 onto the roof of ATAT Stadium. 8. You operated Aircraft 2 in the Dallas-Fort Worth Class B airspace without obtaining the required clearance from Air Traffic Control. 9. You operated Aircraft 2 over and around AT&T Stadium, 10. You operated Aireraft2 over Globe Life Park Baseball Stadium in Arlington, Texas, ‘while spectators were present in the stands, 11. At the time of the flight, a Notice to Airmen (NOTAM), issued by the FAA, was in ‘effect restricting aircraft operations in the airspace within a3 nautical mile radius from the center of Globe Life Park Baseball Stadium and 2,500 feet above the surface. 12. You operated Aireraft over the Six Flags Over Texas theme park when people were ‘on rides and in the park during operating hours. 13. You operated Aircraft 2 over the Hurricane Harbor water park whien people were on rides and in the park during operating bours. 14. You operated Aircraft 2 directly over Reunion Tower in the Central Business District (CBD) of downtown Dallas at an altitude of approximately 575 feet. 15. You operated Aireraft2 over downtown Dallas withih approxiniately $ males of the Dallas CBD Vertiport (497), in Dallas, Texas, without providing the sirport operator rior notice of your operation. 16, Aircraft 2 was not flown within visual Line of sight, 17, Your operations, as described in Count I and Count Il, endangered the National Airspace System, 18, Your operations, as described in Count I and Count Il, constituted careless or reckless conduct so as to endanger the life or property of another. By reason of the foregoing, on two occasions you violated 14 C-F.R. § 91.13(a), which states that no person may operate an aireraft in a careless or reckless manner so as to endanger the life or property of another. ‘THEREFORE, IT IS ORDERED under 49 U.S.C. § 46301, that you are assessed a civil penalty in the amount of $1,000.00, ‘This amount was reduced from the proposed assessment of $2,200.00 in agcordance with the settlement agreement reached between you and agency counsel, ‘You are ordered to pay the assessed amount in accordance with the terms of your promissory note, dated and signed June 16, 2015. ‘We also accept payment by credit card or a bank account debit over the Internet. To pay electronically, visit the web site at http//www.pay.gov. Under the Search Public Forms option, type in “FSW-FINEI,” Click on “FAA Civil Penalty Payments- FAA Southwest Region.” You must then complete the requested information and click “Continue.” You will then be directed to enter your credit card or bank account debit information. To use the ‘bank account debit, you will need your bank routing number, aecount number, and check number. For questions regarding electronic payments, please contact the FAA Actounts Receivable at 1-405-954-1296. Delinquent debts may be reported to consumer reporting agencies or commercial credit ‘bureaus, which could adversely affect your credit rating. Nonpayment of this debt may ultimately result in a referral to a collection agency, the Treasury Department, or the United States Department of Justice for enforced collection. ERIC E. ANDERSON Regional Counsel Southwest Region YW By: CY VL Cade S. Miller Attomey Safety Enforcement Branch Federal Aviation Administration 2601 Meacham Bivd., 663 Fort Worth, TX 76137 Phone: 817/222-5046 FAX: 817/222-5945 E-mail: Cade.$ Miller @faa.gov CERTIFICATE OF SERVICE 1 certify that this Order of Assessment has been mailed this date by Certified Mail, Return Receipt Requested, to: Sys Paralegal Specialist Federal Aviation Administration Southwest Region Date: je 1, 4015 PROMISSORY NOTE COUNTY OF WILLIAMSON STATE OF TEXAS ‘This promissory note fs for a sum justly due and owing by Robert L. Eddelman, arising from a civil penalty administratively assessed by the Administrator of the Federal Aviation Administration (FAA) in FAA Enforcement Investigative Report (EIR) No. 2074SWv000004. \, ROBERT L. EDDELMAN, promise to pay the total amount of $1,000.00 to the order of the FAA in installments as follows: $500.00 due on or before July 15, 2018; $500.00 due on or before August 15, 2015. | also waive all rights to appeal this amount of civil penalty to be administratively assessed by the Administrator of the FAA in EIR No. 2014SW000004, pursuant to the settlement agreement reached by the parties. These installments are payable to the order af the “Federal Aviation Administration" mailed and addressed to Ms. Debbie Sayre, FAN/MMACIAR, AMZ- 322-SW, P.O. Box 25770, Oklahoma City, Oklahoma 73125-4915, (405) 954-1296 on of before each due date until the obligation is fully paid. Please be sure fo Indicate. the EIR Number on the front of your check. if any installment remains unpaid for a period of 10 days after its due date, the entire amount of the obligation, less payments made, shall become immediately due and payable at the option of the FAA Counsel without demand or notice, which I expressly waive. | understand that interest on this indebtedness is waived as long as | make payments in accordance with the schedule set forth above. fm delinquent in making any payments, interest may be assessed on the amount owed at a fixed annual rate of 7% beginning 20 days after the payment due date.. Further, | understands that failure to make payments in accordance with the payment schedule may result in the imposition of an administrative charge of $12.00 per month for the cost of administrative collection action beginning 30 days after the payment due date and a penalty at an annual rate of 2.125% from the payment due date for payments that are delinquent for ninety or more days authorize and empower the Office of the Regional Counsel, or any attorney delegated by the Regional Counsel, or any attorney of any caurt of record, State or Federal, to appear for me and to enter and confess judgment against me for the entire amount of this obligation less payments actually made at any time after the obligation becomes due and payable, as herein provided, in any court or record, Federal or State; to waive any venue requirement in the suft to release all errors that may infervene in entering a judgment or in issuing any execution on the judgment; and to consent to immediate execution of the judgment. | hereby ratify and confirm all that such attomey may do by virtue of this paragraph. This confession of judgment is for a debt justly due and owing by me, having arisen because of violations under 49 U.S.C. §46301 and of the FAA's regulations as alleged in subject case. I | default or fail to fully carry out the obligations of this Promissory Note; the FAA may sue to enforce this note for collection. SEVSLEMENT AGREEMENT Respondent. Robert L Fadeinan, and the Peru Aviation Administration (4,4). through counsel, have ated wa settle Case No, 20/48 WaRG00H scithout further court or adsinisteative proceedings. the terms ofthe seliemenl agreement areas follows: 1. Respondent agrees to pay a civil penalty inthe ammount of 1000-00 te the FAA in fall an Final seftlement of Case No. 201481000004, 2. The FAA asrves to permit Respondent to pay the $1000.00 civil penalty in Wo instalments. oF $500.00 as Follow {$500.00 due on ar hefare July 15,2015; 500,00 due on or before August 15, 2018, Respondent agrees to execute x promissory note to this effect aid make timely payinients in aecordaice with the installment schedule set forth in the promissory A046. 4. Upon execution of this setvement agreement and promissory noe, the FAA will issue a ‘Order of Assessinent conksining the facut allegations ard the Findings of siglation mad in the December 3. 2014 Notice of Proposed Assessment, bit with a redeed civil penalty inthe amount of $1000.00, Respondent witl not contest the amount or validity of the civil petally iipased in or any of the factual findings mate in the Order of Assessment in any admtinisrative or judicial forum. 6. Phe panies auree to bear their own costs in sonneetion with this mater. Respondent agrees not to initiate any litigation der the Equal Access to Justice Act or amy ote statory provision orle to collect lea fees oF cost arising from or felted this ease, Respaandent futher agrees to waive al potential ewuses oF action against the FA. is employees and agents. both past and presen. arising from or related to the referencsd matter, 7. Respondent has reviewed the terms ofthis settlement agreement understands its terms. and ‘olutarilyagres io all is terms. ‘This agreement aecarately reflects the terms of the settlement Betwveti the parties und is binding on the porties and is in final resolution of the above-referenced inate ERIC E, ANDERSON Regional Counsel ’ Southwest Region. ?¢ Ly, lia wR Eoomion wy VON pie c oben Otiee ote 8 ‘ Feskeral Aviation Adninistaion Date 2 Seutrwost Ragin © often or Repinnl Counsel ‘varase. Coa, 3001 Moachorn Bs. New iieco, ahr Forint Tense 78137 US. Department Texas (Ginyzeztase Pox tr) azzsbes (of horsporaton Federal Aviation ‘Acimimstrotion JUL 10 2016 SENT-VIA EMAIL, CERTIFIED Mal (URN RECEIPT REQUESTED and REGULAR MAll ‘Shawn Phillip Wyse RE: Case No. 20148170072 ORDER OF ASSESSMENT ‘You were advised through a Notice of Proposed Assessment, dated February 24, 2015, that the FAA proposed to assess civil penalty in the amount of $1,100.00. After considering all the evidence presently 4 part of this proceeding, including the information presented by you, and pursuant to the settlement agreement reached between you and agency counsel, the Administrator has determined that: 1. Onor about August 30, 2014, at approximately 21:20 CDT, you were the pilot-in- ‘command of a DiI Phantom 2 remotely piloted quadcopter, model PV331, serial number PH645288871, operating above Darrell K Royal ~ Texas Memorial Stadium, ‘onthe University of Texas at Austin campus, Austin, Texas, 2. The aircraft referenced above is an Unmanned Aircraft as defined in Section 331 of the Federal Aviation Administration (FAA) Modemization and Reform Act of 2012 (Public Law 112-95) (FMRA). 3. You operated the aircraft directly above Derrell K Royal ~ Texas Memorial Stadium, which bas a seating capacity of approximately 100,000 spectators, while an NCAA Division One foothel! game was in progress. 4, You operated the aircraft approximately 200 feet above the playing surface and. approximately 150 to 200 fet directly above spectators. 5. Atthe time of the flight, a Notice to Airmen (NOTAM), issued by the FAA, was in cffeet restricting aircraft operations in the airspace within a 3 nautical mile radius from the center of Darrell K Royal- Texas Memorial Stadium and 3:000 feet above the surface. 6. Your operations, as described above, endangered the National Airspace System, 7. Your operations, as described above, constituted careless or reckless conduct so as 10 ‘endanger the life or property of another. By reason of the foregoing, you violated 14 C'¥.R. § 91.13(a), which states that no person may operate an aircraft in a careless or reckless manner so a5 to endanger the life or property of another. ‘THEREFORE, IT 18 ORDERED under 49 U.S.C. § 46301, that you are assessed a civil penalty in the amount of $800.00. ‘This amount was reduced from the propased assessment of $1,100.00 in accordance with the settlement agreement reached between you and agency counsel. ‘You are ordered to pay the assessed amount by mailing or delivering a check or money order, payable to “Federal Aviation Administration,” addressed to Ms, Debbie Sayre, FAA/MMAC/AR, AMK-322-SW, P.O, Box 25770, Oklahoma City, Oklahoma 73125, Please be sure to indicate the Case Number on the front of your check. We plon accept pnvinent by eralitewr or a hank esesant debit ever the-Fntomet To may electronically, visit the web site at htinv/wwvcpay. gov. Under the Search Publi¢ Forms ‘option, type in “FSW-FINE I.” Click on “FAA Civil Penalty Payments- FAA Southwest Region.” You must then complete the requested information and click “Continue.” You will then be directed to enter your credit card of bank account debit information. To use the bank account debit, you will need your bank routing number, account number, and check number. For questions regarding electronic payments, please contact FAA Accounts Receivable at 1- 405-954-1296. ‘The amount of civil penalty assessed in this Order constitutes a debt owed to the United States. You have now exhausted your right to seek review of the validity or aniount of this. debt. Ifyou are delinquent in making any payments, according to federal regulation (49 CFR. §89.23), interest may be assessed on the amount owed ata fixed anmual rate of 1% beginning 30 days after the payment due date. Failure to make payments in accordance with the payment schedule may result in the imposition of en administrative charge of $12.00 per ‘month for the cost of administrative collection action beginning 30 days after the payment due date, Furthermore, ifthe payment is not made within 90 days of the due date, we are required to assess a penalty at an anmual rate of 6%, aceruing from the date of delinquency. Delinquent debts may be reported to consumer reporting agencies or commercial credit bureaus, which could adversely affect your credit rating. ‘Nonpayment ofthis debt may ultimately result ina referral toa collection agency, the Treasury Department, ot to the United States Department of Justice for enforced collection. ERIC B. ANDERSON nance ee) w» (Wl Mie Mae oe Safety Enforcement Branch Federal Aviation Administration 2601 Meacham Blvd, 663 Fort Worth, TX 76137 Phone: 817/222-5046 FAX: 817/222-5945 E-mail: Cade.$.Miller@fia.gov CERTIFICATE OF SERVICE. 1 certify that this Order of Assessment has been mailed this date by Certified Mail, Return Receipt Requested, to: Mr. Shawn Phillip Wyse Sylyfa C. Twa Paralegal Specialist Federal Aviation Administration Southwest Rexion Date aby 10, o01s~ SETTLEMENT AGREEMENT SOL 0-7 05 Respondent, Shawn Phillip Wyse, and the Federal Aviation Administration (FAA), through ounse!, have agreed to settle Case No. 2014SW170072 without further court or administrative proceedings. The terms of the settlement agreement are as follows: 1. Respondent agrees to pay a civil penlty in the amount of $800,00't0 the FAA fn full and final settlement of Case No, 20148170072, payable as follows: one lump sura to be paid con or before July 15. 2015, 2. Upon executioa of this settlement agreement, the FAA will issue an Order of Assessment containing the factual allegations and the findings of viotation made in the February 24, 2015 Notice of Proposed Assessment, but with a reduced civil penalty in the amount of $800.00. 3. Respondent will not coutest the amount or validity of the civil penalty imposed in or any of the factual findings made it the Order of Assessment in any administrative or judicial forum, In heme teiy nun soete fe ehraeetion el ties, Reepandent 2 y litigation under the Equal Access to Justice Act orany other statutory provision or rule to collect legal fees or costs arising from ot related to this case. Respondent further agrees to waive all potential causes of action agaist the FAA, its employees and agents, both past and present. arising from or related to the referenced matter. 5. Respondent has reviewed the terms of this settlement agreement, understands its terms, and voluntarily agrees to all its terms. 6. This agreement accurately reflects the terms of the settlement between the parties and is binding on the parties and isin tinal resolution of the above-referenced matter. Respondent Understands that there will be no further review of this matter in any forum. ERIC E. ANDERSON aes =) or OM uin? 2a ‘ade S, Miller. Atorngy Tren Phil Office ofthe Regionel Counsel Federal Aviation Administration — baer Wade, Respondent US. Department ‘Souther Region P.O. Box 20636 of Transportation Office ofthe Regional Counse! Atienta, Georgia 30320 Federal Aviation (404) 305-5200 ‘Administration (404) 305-5223 FAX APR 2 2 205 ce mn 201580090011 al Gregory E. Taylor NOTICE OF PROPOSED CIVIL PENALTY We have considered a report of investigation which indicates that: 1 ‘On or about November 14, 2015, you operated four-bladed Phantom Il, serial ‘number PH645259436. “The above-described Phantom Il, Serial Number PH645259436, is an Unmanned ‘Aircraft System (UAS) as defined in Section 331 of the FAA modemization and Reform Act of 2012 (Public Law 112-95). (On or about November 15, 2014, you operated your aircraft over Tuscaloosa, AL. jn the vicinity of Bryant Denny Football Stadium, where the University of ‘Alabama's football team was preparing to play Mississippi State University's football team (the Flight). ‘During the Flight there were people in the streets and surrounding area below. Dring the Flight you filed to maintain the airraft in your line of sight. During the Flight your aiteraft descended into » parking Jot and struck @ pedestrian just before it fell to the ground, During the Flight your aircraft flew over other members of the erowd who were also in danger of being injured by your aircraft. During the Flight you operated your sircrat within Snim of Tuscaloosa Regional “Airport and did not provide notification tothe sirport operator and the air traffic facility. 10. 12, a On or about November 17, 2014, you contacted the Tuscaloosa Police Department and confirmed that you were the operator of the aircraft that had operated in the vicinity of Bryant Denny Football Stadium on or about November 15, 2014, as described in allegations 3-8 above. ‘Your operations, as described above, constituted careless or reckless conduct so as to endanger the life or property of another. ‘Your operations, as described above, endangered the safety of the National Airspace System. As a result, you violated Section 91.13(a) in that no person may operate an aircraft in a careless or reckless mannet $0 as to endanger the life or property of another, Under 49 U.S.C. Sections 46301 (a)-(d), you are subject to a civil penalty not to exceed $1,100 for cach violation of the regulations. By reason of the foregoing facts and circumstances, we propose to assess a civil penalty in the amount of $1,100. Enclosed is information concerning your options in responding to this Notice. The options include participating in an informal conference with an FAA atfomey aid submission of information to the FAA for consideration. You must submit, in writing, your choice of the alternatives explained on the enclosed information form, on of before 30 days after you receive this Notice, If you fail to submit your choice within that time, you will have no further right to participate in the two informal procedures listed above. RANDY B. HYMAN REGIONAL COUNSEL ay,» ginal signed by Attomey. Office of the Regional Counsel Enclosures: Information Sheet Reply Form FAR 13.16 and Subpart G of Part 13 Information Regarding Ability To Pay ERTIFICATE OF SERVICE hereby certify thatthe foregoing Notice of Proposed Civil Penalty has been sent by certified ‘mail and regular mail to: 7 E - APR 22 208 mpc Co; BHM-FSDO ASO-7ekah:4-21-15 Fiadmin\noticestopen201512015s0090011 docx. 2 U.S. Department ‘Southern Region P.O, Box 20636 of Transportation Office of the Regional Counsel ‘Adlanta, Georgia 30320 Federal Aviation (404) 305-5200 Administration (404) 305-5223 FAX UL LT. 2008; CERTIFIED - RETURN RECE] EQUESTED 201580090011 ‘& REGULAR MAI - E. Taylor On April 22, 2015, you were advised through # Notice of Proposed Civil Penalty that the FAA. proposed to assess a civil penalty in the amount of $1,100. ORDER ASSESSING CIVIL PENALTY ‘After consideration of all of the available information in this matter. it has been determined that: On or about November 14, 2015, you operated a four-bladed Phantom Il, serial number PH645259436, The above-described Phantom I, Serial Number PH645259436, is an Unmanned Aircraft System (UAS) as defined in Section 331 of the FAA modemization and Reform Act of 2012 (Public Law 112-95). On of about November 15, 2014, you operated your aircraft over Tuscaloosa, AL in the vicinity of Bryant Denny Football Stadium, where the University of Alabarna’s football team was preparing to play Mississippi State, University's football team (the Flight). During the Flight there were people in the streets and surrounding area below. During the Flight you failed to maintain the aircraft in your line of sight. Mea > 6 During the Flight your aircraft descended into parking lot and struck a pedestrian just before it fell othe ground, 7. During the Flight your aircraft flew over other members of the erowd who were also in danger of being injured by your aircraft 8. ‘During the Flight you operated your aircraft within Sam of Tuscaloosa Regional Airport and did not provide notification to the airport operator and the ar trafic facility. 9, Onor about November 17, 2014, you contacted the Tuscaloosa Police Department and confirmed that you were the operator of the aircraft that had operated in the vicinity of Bryant Denny Football Stadium on or about November 15, 2014, as described in allegations 3-8 above. 10. Your operations, as described above, constituted careless or reckless conduct so as to endanger the life or property of another. 11, Your operations, as described above, endangered the safety of the National Airspace System. 12, As azesult, you violated Section 91.13(a) in that no person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another. NOW, THEREFORE, IT IS ORDERED, pursuant to. 49 U.S.C. Sections 46301(a)-(d), that you bbe and hereby are assessed a civil penalty in the amount of $900. You are hereby ordered to pay, immediately, the assessed amount by mailing or delivering certified check or money order in the amount of $900, payable to the "Federal Aviation Administration," to: FAA/AMK-322 P.O. Box 25770 Oklahoma City, OK 73125 ‘The amount of civil penalty assessed in this Order constitutes a debt owed to the United States. ‘You have now exhausted your right to seek review of the validity or amount of this debt. If this debt is not paid in full within 30 days of your receipt of this letter, the debt is considered delinquent. For delinguent debts, federal regulation (49 C-F.R. §89.23) requires vs to. charge interest, from the date of this Order, at a fixed annual rate of 1%, along with an administrative charge of $12.00 per month, representing our costs of administrative collestion. Furthermore, if the full amount assessed is not paid in full within 90 days of your receipt of this letter, we are required to assess an additional penalty at an annual rate of 6%, accruing from the date of delinquency. Delinquent debts may be reported to consumer reporting agencies or commercial credit bureaus, which could adversely affect your eredit rating, Non payment of this debt may ultimately result in a referral to a collection agency, the Internal Revenue Service, or fo the United States Department of Justice for enforced collection. RANDY ELLEN HYMAN REGIONAL COUNSEL OMIOINAL SIGNED BF PHILIP D, EDWARDS, Attorney Office of the Regional Counsel (CERTIFICATE OF SERVICE I hereby certify that the foregoing Order Assessing Civil Penalty has been mailed by Certified Mail & Regular Mail to: {GERALD A. 351 Program Analyst wu i7 28 Dated ce: BHM-FSDO, AMK-322 F:ADMINORDERS\COLLECTICOL20151201580090011.DOCX. Q ow US. Deparment Eastern Region + avaton Paxa orterapeton Regional Couel Jamaica, RY 11434 Fodor Avaton Tatar: 785503055 nitabon Facomun 886088 NOV 27 208 Mall a FIRSTCLASS MAIL, ‘ Ss. “ Re: Docket No. 2014EA150059 F PROPOSED ASSE: TARE NOTICE, that this office has received an investigative report from which it appears that you violwied the Federal Aviation Regulaion(s) by season of the 1. On oF about May 25. 2014, you acted as pilot-in-connand of a DIT Phantom Quudeopter with Go Pro Mount (hereinalier “the aircraft") operating on a flight from Flushing Meadows, New York Jo CiuiPield ‘Stadium in Queens, New York (hercinafier “the Hight”). ‘The aircraft is an unmanned aircraft system. 13. The light was conducted in New York Class B airspace. 44. Specifically, during the Tight, you operated the aireraft over and argund Flushing Meadow Park in Queens, New York. 5. Additionally, you operated the aircraft over ane! around the grounds of CCitiField Stadium in Queens, New York. 6. Specifically, Flushing Meadow Park and CitiFicld Stadium are within the New York Class B airspace. 7. Further, you operated the altcrati within w Class B airspace area without reveiving an Air Traffic Control (ATC) clearance fram the ATC facility having jurisdiction for dat area, 8. ‘The New York Class B airspace for which you operated the aircraft is controlled by FAA Air Traffic Control 9. Prior to operating the aircraft on May 25, 2014. you did not eveive an ATC clearance from Air Traffic Conirol to operate the aireraft in the New York Class B airspace. 10. You operated the aireraft within 5 miles of LaGuardia Airport, 11. You did not provide prior notice of your operation to the LaGuardia Airport operator orto the LaGuardia Airport air traffic control tower. 12.Acthe time of the Night, the FAA issued a Notice to Airmen (NOTAM) restricting airerafl operations in the airspace within a 3 nautical mile radius from the center of CitiField Stadium and 2.300 feet above the surface, 13. Your operation endangered the National Airspace System. 14. By reason of all of the above, you operated the aircraft in a careless or reckless manner so us to endanger the life or property of another BBy reason of the foregoing. you violated the following section(s) of the Federal ‘Aviation Regulations: 8 Section 91.13(a), which states tht no person may’ operate an aircraft ina careless of reckless manner so as (o endanger the life or property of another. b, Section 91.13 (a), which states no person riiy operate an aicrat within a Class B airspace area except in compliance with §91.129 and the following rules: (1) The operator must reecive.an A'TC clearance from the ATC facility having jorisdiction for that area before operating an airerafi in chat area. In accordance with 49 US.C. §§46301(a)(1) and (4)(2). you are subject to a civil penalty not to exceed $1.100 for each violation ofthe regulations. By reason ofthe foregoing facts and circumstnnces. we propose to assess a civil penalty in the amount of $1,100.00. fEnclosed is information conceming your options in responding fo this Notice. The ‘options include participation in un informal conference with an FAA attomey and submission of information to the FAA for consideration. You must submit in ‘writing your choice ofthe altematives explained on the enclosed infarmation form. ‘on ar before 15 days after you receive this Notice. 1 you fai to submit your choice within that time, you will have no further right to panicipate in the two informal procedures listed above andl an Order of Assessment wil be issiied ns proposed, Allied R. Johnson, Jr, Regional Counsel Alcth L-Yaughan ‘Avorney Enclosures Information Sheet Option Selection Form Intormal Conference Location List Pilot's Bill of Rights ce: APS-760 e U.S, Department Eastern Ragion 4 Aviation Plaza of Transportation Regional Counsel Jamaica, NY 711434 ‘evephene: 7188883208 fo Facute: 7180854899 ‘Administration = 18 ei Ci ‘amount of $1,100.00. Docket No. 201464150059 ORDER OF ASSESSMENT ‘On November 17, 2014, you were advised by mail through a Notice of Proposed Penalty of the reasons why we proposed to assess a civil penalty in the ‘After a consideration of all the available information, it has been determined that: |. On oF shout May 25. 2014, you acted as pilot-in-command ala DIT Phantom Quadeopter with Go Pro Mount (hereinafter “the aircraft”). operating on a flight from Flushing Meadow. New York to CitiField Stadium in Quoens. New York (hereinafter “the Night”). 2. ‘The sireral is an unmanned aireraf system, 3. The Might was conducted in New York Class B airspace. 4, Specifically, during the flight, you operated the aireraft over and around Flushing Meadow Park in Queens, New York, 5. Additionally, you operated the aireralt over and around the grounds of | iuiField Stadium in Queens. New York. iuiField Stadium ate within 6, Specifically, Flushing Meadow Park and the New York Class B airspace, 7. Further, you operated the aircraft within a Class B airspace area without receiving an Air Traffic Control (ATC) clearance from the AC facility having jurisdiction For that area 8. The New York Class B airspace for which you operated the airerafl is controlled by FAA Air Traffic Control Tower 9. Prior to operating the aircraft on May 25. 2014. you did not receive an ATC clearance from Air Traffic Control to operate the aircraft in the New York Class B airspace. 10. You operated the aircraft wit n 5 miles of LaGuardia Airport. 11. You did not provide prior notice af your operation to the LaGuardia Airport operator or to the LaGuardia Airport air traffic control tower. 12. Atthe time of the flight, the FAA issued a Notice to Ainnen (NOTAM) restricting aireraft operations in the airspace within a 3 nautical mile radius from the cenler of CitiFicld Stadium and 2.500 feet above the surface. 13. Your operation endangered the National Airspace System. 14.By reason ofall of the above. you operated the aircrall in a careless or reckless manner so as to endanger the life or property of anothor. By reason of the foregoing, you violated the following section(s) of the Federal Aviation Regulations: NOW THEREFOR! ‘a, Section 91.13(a), which states that no person may operate am aiceraf in a careless or reckless manner so 2s to endanger the life oF property of another. bb. Section 91.134a). which states no person may operate ain cireralt ‘8 Class B airspace area except in compliance with $91,129 and the following rules: (1) The operator must receive un ATC elearanee from the ATC facility having jurisdiction for that area befORe operating an aireratin that area, TT IS ORDERED. pursuant to 49 U.S.C, §46301(9)(5), thar ‘you be and hereby are ussesscd a civil penalty i the amount of $550.00. 2 Payments must be made in arcordance with the Promissory Note signed by you on May 26. 2015. All payments towards the balance should be forwarded to the Federal Aviation Administration, Accounting Division, FAA/MMAC « Attention AMK-322- EA, Past Office Box 25770. Oklahoma City. OK 73125 and should indicate Account Number 2013EA1 10075. Alfred R, Johnson, Jr. Regional Counsel ce: ~-230A/230B/--FSDO/AMK-322-EA e US Depevmart ester Ragon 1 Wiaion Pace ol Taneporaten Regonal Coon dmaca, MY 1436 dea Ineptene: 19 303055 famine Feclnae roves December 31. 2014 Bu ESS. CERTIEND MAIL Docket No. 2014EA 150068 ie FAKE NOTICI appears: th following: tho this office has revived an investigative repo flan which it you violated the Federal Aviation Regulation(s) by reason of the |. On or about July 7. 2014, you operated an Unmanted Aircraft System {hereinafter “the airerat™), on of the George ‘Washington Bridge. New York (hereinafter “the fight”). ‘The flight was conducted in New York Class B airspace. 3 Further, you operated the sirerah without reveiving an Aig ‘Trafic Control (ATC) clearance from the ATC facility having jurisdietion For hat area, 4. While in the Class B airspace. you operated the aircraft near New York Police Department helicopter. identification number N319PD (hereinatter the “helicopter”) at an unsafe distance chereinalier the “incident” Specifically. you operated the aireralt approximately wo fitndred (200) feet over the helicopter and within a one husdced (100) to five hundred (500) feet iter distane from the heicoptet. 6. There were at least two crewmembers aboard the helicopter. 7. Av the time of the Might the helicopter erewmembers were checking critica! infrastructures of the George Washington Bridge and bridges 10 the south, 8 As a result of your operation of the aireralt in hig manne crewmember of Uke helicopter was refuired 10 porfinm evasive ‘maneuvers in order to avoid a collision with the aera 9. Specifically. 9 crewmember of the helicopter was reaiuited to make heading, altitude. and airspeed changes in order to avoid a collision with the aire 10. Further, as a result of your operation of the aircralt in wis manner, the cfewmembers diverted trom thet assignment in order to pursue the alrecatt, 11. Your operation of the aircraft endangered the national airspace systera that you operated the nireraft in Class B airspace without.an Aie Trafli Control clearance and in clase proximity to anauhersireraf 12. Your operation of the aireralt was careless or reekless 50 its to endanger ‘the life or property another in that you operated the airerft in Class B airspace withoun an Ait Traffie Comteol clearance and in elase proximity toanother siverat ‘By reason of the foregoing. you violated the following section(s) of the Federal Aviation Regulations: a, ‘Section 91.13{a). which states thit ne person may operate anaireral in a tarcless or reekless manner so as to endanger the life oF property af her. . Section 91.13). which states no person may operate an aierdt within lass B airspace area except in compliance ith, §91.129 amd the following rules: (1) The operator must reecive an ATC elearance trom the ATC faeitiy having jurisdiction foe that afea before’ operating an aiveratt in that ore, tn avcordance with 49 US.C. §§4630 1G 1) and (2), you are subject 10a civ Ponty nol ty exeeed $1100 for each violation of the regulations: BE reason of the Foregoing facts and circumstances. we propase tv assess etl penal inthe amount oF $1,600.00. Enelosed is information conceming vour options in nespameting 10 tht Notce. the ‘options include panicipstion in an informal conference with an FAA attorney and submission of information to the FAA for consideration. You rast submit it ‘writing your choice of the aliematives explained on the enetosed inkimion form. ‘on or bétare 15 days alte you receive this Nati. you fail to subymit yout choice: within that time, you will have no further right (o participate in te. two informal procedures listed above and an Orer of Assessment will be issued as proposed. Altfed R. Jobson. I Regional Counsel ay SE at ae Fodith C7 Viughan ‘Atiomey Fenetosures I Information Sheet ‘Option Selection Fonn {ntonnal Conlerence Location List { Pilor’s Bill of Rights Written Notification co: AFS.160 EIRST CLASS Mal iliac! P. Kushner, ¥syuire 16 Cour Saree, Suite 2901 Brooklyn. New York 11241 ieee] _ esc in fag pon ESR ne roma et uy, sETURN-RECEIP RST. Remy Castro RE: Remy Castro, Cass No. 20146150068 oR o1 The Federal Aviation Administration (FAA) notified you through a Notice of Proposed ‘Assessment dated Docember 31, 2014, thatthe FAA proposed 10 assess a civil penalty in the tmnount of $1,600.00. for your alloged vilstion of 14 C.F.R. §§ 91.1344) and 9.131(). After ‘considering all the evidence i this matter the Administrator has determined that: 1. On of about July 7, 2014, you operated an Unmanned Aircraft System (hereinalter “the airera), cn alight in the vicinity of the George Washington Bridge, New York (bereinaer “the flight) 2. The Might was eonducted in New York Class 1 alespace, 3. Further, you openwe the alrera without receiving an Air Traie Contol (ATC) clearance from the ATC facility havin jurisdiction for that aes 4. Your operation of the reat endangered the nalonal airspace systent in that you ‘operated the aireraft in Class B sirpace without an Air Traffic Conipt cksrance. 5. Your operation of the airerat was careless or reckless so as to endanger the Wife oF property of another in that you operated the aieralt in Class airspace without an Air Trafic Control clearance, [iy veasun ofthe foreyoing, you violated: (a) 14 CPR. §91.13a),Avhich state that no person my’ operate an area ina careless oF reckless manner s0 as to endanger the ile or propery of another. (b) CER, §91.131(a), which states no person may operate an aireraft within a Class 8 iespaee area except in eompliangs with § 91.129 and the following rules: (1) The ‘operator must receive-an ATC clearance from the ATC fility having juraicton for ‘that area before operating an sicra in that area, THEREFORE, IT I$ ORDERED under 49 U.S.C. § 46301 that you are assessed a civil penalty the amount of $800.00. ‘You may pay the civil penalty by submitting a certiied check or mancy order ithe amount of ‘$800.00 payable to the Federal Aviation Administration, to: “Auention: Deborah Sayre Mike Monroney Aeronautica Center ‘6500 South MacArthur Blvd. Goneral Accounting, AMK-322 Oklahoma City. OK: 75169, The check should reference the ease number above (Case No. 2014F 150068). To pay the civil penalty with a major eredit over the internet of by eleeronie funds transfer, follow the Eketronic Payment Instructions (enclosed). ‘You may appeal from this Order in acgordance withthe Appeal paragraph below. I youdo not ‘equest a hearing before the National Transporation Seely Board in accordange wit the Appeal paragraph belo, you sell no Longer Rave aright to seek review ofthe validity anor ammount of this debt in any forum. and the amount ofthe civil penalty assessod in this Order wil eonstnte& leyally collectible debi owed to the United States. If this debts not paid in Till within 30 days from when this Order is served. which is the debt is considered delinquent, For delingvent debi, federal regulation (49 C.FR. $8923) regjuires us to harp interest from the date ofthis Order ata fixed anual rate equa the ‘Treasury Current, Value of Funds Rate published by the Secretary ofthe Treasury in accordance swith 31 US.C. $3717 thats in effect on the date from which invest begins to aeerue, The FAA shall sls assess administrative charges to cover cots incured in processing and hndling ‘the debt beyond the payment due dae. Fortkemnore ifthe full amount assessed not pad in fall within 120 days ofthis Order, we ae reuited to assess an addtional penalty at an naval rate of 6% acerung from the date of delinquency. Delinquent debis maybe reported to ‘consumer reporting agencies or commercial erdit bureaus which could adversely Tec your eredit rating. Nonpayment of his debt may uhimately result ina referral .o ealletion agency. the Department of Treasury. oF he United Sines Department of Justice for enforced collection. Peter J. Lyneh Assistant Chief Counsel Tor Enforcement tlh LF ate teim Ful Vaiaghap, Attorney ‘(Aéniossément Divstog. Northeast Team {Aviation Plaza Santen, New Vork 11434 mal: judith vayghant@tea.gov Telephone: (718) 353-3255 (ect) (718) 995-5699 (fax) By: Enclosure: Instructions for llectronie Payment Michaet P, Kushner. Esquite 16 Court Suect. Suite 290) Brooklyn, New York 11241 AREAL ‘You may appeal from this order within 20 days rom the date itis served. which is t by Filing @ Notice of Appeal with ike Case ‘Mannger. Office of Administrative Law Judges, National Transportation Safety Board, 490 {Enfant Plaza Kast, SW. Washingfon. DC 20594 (elephone ($00) 854-8758 oF (202) 314- (6150; FAX (202) 314-6158), ‘The National Transportation Safety Board's (NTSB's) Rules of Prati in Air Safety Proceedings. 49 C.ER, part 821. would apply to such an appeal and are available hroogh the NUSU’s website at hips/evwwsnlab gov“legaal. An original and thre (3) coples of your notice ‘of appeal must be filed with he Board, Inte event you appeal. w copy of your noice of appeal rs also be sent tothe FAA attomcy a de address indicated in the Order. filing a imely notice of appl wil say the effectiveness ofthe Order dung the proceedings ‘before the NISB. Ifyou appeal to the NTSB, copy ofthis Order will be filed with the NTSB and will serve as the Adminisrato's complaint in this proceeding, SERVI Contd | eestify thatthe foregoing Order of Assessonen has i Sent this date By tS Mail. retur-receipt requested and First-Class Mail to Remy Castro and Michael P. Kushner. Esquire 16 Coutt Sure, Sule 201 Brooklyn, New Vavk 11241 Date: @ US, Dopartnent Estern Repion “Vaviation Plaza cof Transporation Regional Counsel Jamaica, NY 11404 Federal Aviation saphena: 718 5833285, ‘Administlion Saay 22, 2015 Re: Docket No, 2015EA270036 NOTICE OF PROPOSED ASSESSMENT ‘Based onthe following facts and circumstances, it appears that you violated the Feral Aviation Regulation(s) by reason ofthe following: |. Youre the holder of a Student Pot Centifieate number 405382. 2. Onor about January 26, 2015, you operated an Unmanned Aireaft System (“the on a fight in the vicinity of G Street, NW and 10" Steet, NW, Washingion, DC (‘the 3. The fight ended on the grounds of the White House in Washington, D.C, 4. During the light, you operated the airrali within the Washington, D.C, Metropolitan ‘Arca Special Fight Rules Atea (DC SFRA), 3, _ The DC-SFRA fs an.rea of airspace aver the susfave ofthe earth where the ready ‘identification, location, and contol of aircraft is required in the interests of national security. 6. Specifically, the DC SFRA is that airspace, from the surface'to, but not including, FL 180, within a 30-mile radius of latitude 38° 51° 34°N, longitude 7°02" 11” W, orthe DCA. VOR/DME, 7. ‘The White House and the area surounding te intersection of G Stret, NW and 10% Strvet, NW, Washington, DC are within the DC SFRA, 8. Doing the light, you failed to comply withthe special insirutions contained in Subpart YV of 14 CPR Par 93 and all special instructions issued bythe F/A in the interest of national secuity 9. Specifically, during the Might you operated the aircraft within the Washington, D. Metcopolitan Area Special Flight Roles Ares (DC SFRA) and Washingio, D.C. Metropolitan ‘Area Flight Resricted Zone (DC FRZ) without complying wit the restitions listed in Subpart V of 14 C.F.R. Part 9 and the special instractions issued by the FAA inthe intrest of national security, 10. Specifically, while operating the flight you filed to ensue that th airerat you were ‘operating met the following: (1) The aircraft is equipped with an opertbe two-way radio capable of communicating with Ai Traffic Cool on appropiate radio frequencies; (2) Before operating an aireraR in the DC SFRA, inching the DC FRZ, the pilot esublishes two-way radio. communications withthe appropiate Ale Traffic Conol facili andl mninains uch ‘communications while operating the arcraf i the DC SFRA. inluling the DC FRZ; (3) The srcrft is equipped with an operating stomatcalitude reporting transponder; (4) Before ‘operating an aicrat in the DC SFRA, including the DC FRZ, the pilot obtains and trangts& discrete transponder code from Air Trafic Convo, and the ara’ transpander continues 10 ‘eansmit the assigned code while operating within the DCSFRA; (5) For VFR operations, the pilot ust file and activate @ DC PRZ. or DC SFRA fight plan by obtaining a discrete tansponder code. ‘The light pln is elosed upon landing st on aipont within the DC SFRA or whea he nireraf exits the DC SFRA; (6) Before operating the aircraft ito, out of, or though the Washington, DC Tri- ‘Area Class B Aiespace Area, he pilot reeives a specific Air Traffic Control clearance to operae in the Class B sispace aca; and (2) Before operating the acratinio, out of, or theough Class D sirspace area that is witha the DC SFRA, the pilot complies with 91.129 ofthe Federal Aviation Regulations, U1. __ For he fight you were not opetating amily, aw enforcemonl or emergcy medical sera. 12, For the:ight, you didnot have authorization to enter the SERA. 13, _ During the flight you operated the aircraft within the Washington, D.C. Metropolitan ‘Area Plight Resticted Zone (DC FRZ) 14. The DC FRZis an area bounded by a line beginning a the Washington VOR/DME: (DCA) 311° radia at 15 nautical miles (NB) (La 38°59731° N, Long. 07791830" W.); then loskovise along the DCA 15 nautical ile ae tothe DCA 002° radial at 15 NM (Lat. 39°06°28" XX, Long 07770432" W,); then southeast via a ine drawn to the DCA 049° radial at 141NM (Lat. 39°02'18" N., Lang. 076°50'38* Wj thenes south via a line draw fo the DCA 64° radil at 13 NM (Lat, 38°5901" N,, Long. 076°48'32" W,}; thence clockwise along the 13 NM arc tothe DCA 276° radiata 13 NM (Lat 38°50'53° N,, Long 077°18'48" W.); thence north tothe point of | beginning, excluding the alrspace within a one natal mile radius ofthe Froaway Aigpot, WOO, ‘Mitelsilville, MD from the surface upto but not including flight level (FL) 180, The DC FR is ‘within and pat of the Washington, DC Metropolitan Area SFRA. 15. The White House and the area surrounding the intersebtion of G Street, NW and 10* Street, NW, Washington, DC are within the DC FRZ, 16, During the fight, you did not operate within the DC FRU under an FAASTSA athorization. 17. Further, during the ight yo operated the aieraft within the Washington, DC Class B airspace without having received mn Ait Traffic Contiol (ATC) clearance from the appropriate ATC facility prio to operating the ireraftin that rea. 18, The White House and the area surrounding the intersection of G Street, NW and 108 Street, NW, Washington, DC are within the Washington, DC Class B airspace. 19, Washington, DC Class B sirspace is controlled by Federal Aviation Administation ATC, 20. Specifically, you did not receive a clearance om ATC to operate in the Washington, DC (Class B airspace area, 21, Duving the fight, you operated the sircraft within the proibited are P-S6A. 22. The prohibited area P.56A is that stspace beginning atthe southwest commer of the Lincoln Memorial (lat, 38°53'20" N, long. 7790302" W,);thesce via a 327° being, 06 rales, to inlersect the Rock Creek and Potomac Parkway, NW (at lat 38°53'45" N, long, 7790323" ‘W.): thence northeast to the intersection of New Uiempshire Avenue, NW and F Stet, NW (at Jat. 38°53'50" N,, long. 7703117" W.} thease along New Hampshire Avenie, NW, Oa miles ta ‘Washington Circle at the intersection of New Hampshire Avenue and K Steel, NW (lat. 38°54(08" N., long, 77°03901" W.); thence east long K Street 2.5 miles tothe aloud overpass ‘between First and Second Streets, NE (la 38°54U08" N, long. 77°00'13" W.}: thence southeast viaa 158° bearing 0.7 mils, othe southeast comer of Stanton Square, tthe imtersetion of Massachusetts Avenue and Sixth Slee, NE (it. 38°5335" N,, long, 76°99'S6" W.); thence southwest via & 211° bearing 0:8 miles tothe Ceptol Power Plat atthe intersection of New Jersey Avene and E Street, SE (lat, 38°52!59° N,, long. 77°0024" W.); thence west vin 265° ‘bearing 0.7 miles, tothe Intersection of the Southwest Freeway (intestate Rovte 395) and Sixth Suet, SW extended (lat 38°52'56" N,, long 7701'12" W.} thence north along Sixth Steet 04 ‘les, tothe intersection of Sixth Street and Independence Avenue, SW (lat. 38°53'15" N., ong. 77°01'12" W.): thence west along ho north side of Independence Avenue 0. miles, to the intersection of Independence Avenue and 15th Siret, SW (at 38°53'16" N, long. 77°0201" 'W,); thence west along the southern lane of Independence Avent 0.4 miles tothe west end of ‘the Kutz Memotil Bridge over the Tidal Basin at. 38°59712"N, Jong. 770227" W.) thence ‘west via a 285° bearing 0.6 miles, othe southwest comer of the Lincoln Memoria, tthe point cof beginning. 23. The White House is within the prohibited area P-56A. 24. You dld not receive prior authotizmion from the using agency prior to operating the Aircraft in this area, 25. Specifically, the using agency for prohibited area P-S6A isthe United Stas Secret Service. 26, The aireral you operated collided with u wee on the grounds ofthe White House, ‘Washington, D.C. 27. Your operation occurred st night and ata low altitude over a densely popalated urban ‘environment 28, Youroperation ofthe steal endangered the national airspace system in that you operated thesirerftin the SFRA, FRZ, P-S6A, ond Class Bsirspace without an Ait Traffic Contol clearance, 29, Your opermiion ofthe aircraft was careless or reckless s0 as to endanger the life or property of another in that you operated the aireraf in inthe SFRA, FRZ, P-S6A, and Class B sirspace without an Air Trafic Control clearance. 30. Your operation ofthe sireraft was careless or reckless So aso endanger the Ife oF property of snothe in that you operated the areraf at night and at a ow atitude over a densely ‘Populated urban environmen. 31. _ By reason ofall of the above, you operated the aircraft ina careless or reckless manner so 8 to endanger the lie or property of another, ‘As u result of the foregoing, you violated the following section(s) ofthe Feleral Aviation Regulations: I 8. 14 CFR, § 73.83, which staes no person may operate an ater withio a prohibited rea unless anthorivation has beca granted by the sing agency. b. ISR. § 91.13(), which tales that no person may operate an aircraft in careless or reckless manner so as to endanger the life or property of anche. &. 14CFR. §91.131(a), which states no person may operate an aircraft witht Class B Aisspace area except in compliance with §91.129 and the following rues: (1) The operator ‘must receive an ATC clearance from the ATC focility baving jurisdiction for Unt area before operating an ireaf in tha area. 4d, 1A. CER.§ 91.133(a), which sates that no person may operate an aircraft ina restricted ‘rea contrazy fo the restrictions imposed, or withina prohibited area, withatit permission from the using or coutaliing agency, as approprioe. € I4CER.§ 93.397, which states thata pilot condusting ny type of light operation inthe DCSFRA must comply withthe restrictions listed inthis subpar aad all special insiructions isued by the FAA ithe interes of national security. Those special instructions ‘may be issued in any manner the FAA considers epproprae, including & NOTAM. Adaitioully,a pilot must comply with all of the applicable requirement of this chapter. £ 14CER, § 93.339), which sates that except as provided in parigrapbs (0) and (6) ofthis section and in §93.345, or unless aulhorized by Air Traffic Conirol no pilt may operate an aircraft including en ultralight vehicle or xy civil arr or public aircraft inthe DC. SSFRA, ineluding the DC FRZ, unless ~(1) The aireraftis equipped with an operable two- ‘way radio capable of communicating with Air Traffic Contral on appropriate radio ‘requencies; (2) Before operating an aircraft in the DC SRA, including the DC FRZ, the pilot establishes two-way radia communications with the appropriate Air Traffic Control facility and sanintains such communications while operating the sirraft in te DC SFRA, including the DC FRZ: (3) The siren is equipped with an operating automatic altitude reporting transponder, (4) Before operating an areal in the DC SERA. including the DC FERZ, the plot obtains and transmis discrete transponder code from Air Teafic Coat, tnd the aircraft's transponder continues to transmit the assigned code while operating within {he DCSFRA; (5) For VER operations, the pilt must fie and activate aDC FRZ of DC SSFRA Right plan by obtaining a diserete transponder code. The igh plans closed upon landing at an airport within the DC SFRA or wen the aircraft exit the DC SFRA; (6) Before operating be aircraft into, out of, through the Washington, DC Tri-Ates Class B Airspace Area, th pilot receives a specific Air Traffic Control clearance to operate in the (Cass B airspace are: and (7) Before operating the area into, out of, oF through Class D ‘Airspace area tats Within the DC SFRA, the pilot complies with §91-129 ofthis chapher. Under 49 U.S.C, §§ 46301(a)(1) and (4X2), you are subject toa civil penalty not fo exceed $1,100 {or each violation ofthe regulations. Based onthe foregoing facts and circumstances the FAA ‘ropases to asses you a civil penalty inthe amount of $5,500.00, Enclosed is information concerning your options in responding wo this Notice. The option inebe pticipation in an informal conference with an FAA sltomey and submission of information tothe FAA forconsideraion. You mst submit writing your choice of de alleratves explained on the enclosed information form, on orbeare 18 days afer you receive his Noe, Ifyou flo submit your choice witha that tm, you wil have no fries right participate fn the two informal Procedures ised above and an Order of Assessnent will be ssc as proposed. Alfied R. Johnson, Jr Regional Counsel By: Tudith., Vaughan Auiomey Enclosures Information Sheet Option Selection Form Informal Conference Location List \Weiten Notification of Pilots Bill of Righis ee: Brian D. Smith, Esquire Covington & Bunting, 1.C ‘One City Center £850 Tenth Stet, NW ‘Weshinglon, DC 20001-4956 avon eee — teem ———_omnemend cant woe ter ten EEN nos P ep sana ea AG 19 RE: Damian Dizard, Case No, 2015BA270030 NOTICE OF PI V1 ‘Based on the following fuels and circumstances, it appews that you viele the ragulations of the Federal Aviation Administration 1 bout March 25, 2015, you operaad un Unmanned Aiterafl System fer “the aiteraf"), on a Tight in the vicinity of Polo Fields ia West (be Potomac Park SW (hereinalir “he ight") Washingion, DC. During the Might. you operated the aircraft within the Washington, D.C. ‘Meiropolizas Arca Special Plight Rules Area (DC SERA) and Washington, D.C. Metropofitan Area Flight Restriction Zone (DC FRZ).. 3. The DC SFRA is an area of alrspace over the surface of the earth where the rely identification, loeation, and control of alreraft i required in the interests ‘of rational security. 4, Specitically. the DC SERA is that alrspate, from the surface to, but not including, FL 180, within a 30-mile radius of ltitude 38° 51° 34°N, longitade TP OY 11" W. or te DCA VOR/DME, 5. During the ight, you fled 19 comply with the special instructions eontsined in Subpart V of 13 C.F.R. Part 93 and all special insirvctions issued by the FAA in the intevest of rational security ‘6. Speciticl!y. during th flight you operaicd the arceatt within the Washington, D.C. Metopolian Area Special Tight Rules Arca (DC SERA) and Washingloa, D.C. Metropaliten Aree Fligh Restticied Zone (DC. FIZ) ssithoutcosplying with the restctions listed in Subpart V of 14 CFR. Part ‘9 and the special instructions fnsued by the FAA in the interest oF national iy reason o 1. Specifically, while operating the ight, you fled to ensure tht dhe aircraft you were operating met the followings (1) The steraf is equipped with ‘operable nvo-vay’ radio capable of communicating with Air Trafic Contr! en appropriate radio fequencies; (2) Before operating an aircraft ia the DC SFRA, ‘ching the DC FRZ, the pilot eseblishes woavay dio communications with the appropsite Air Trafic Contol facility and minainssueh communications while operating ie sera in the DC SERA, including the DE FRZ;_ (3) Te irra is equipped with an operating automatic altitude reporting transponder, (G) Before operating an sirraft in the DC SRA. including the DC FRZ. the Pilot oblaing and transmits w discrete transponder eos from Ait Traffic Conul. ‘nd the siterall’s wnsponder coatinses 1 wonsmit the assigned code while ‘operating within de DC SFRA: (5) For VER operations, the plot must file and activate a DC FRZ or BC SRA Miah: plan by obtaining a diserete wansponder ‘nde, The fight pian is clase upon landing at n airport within the DC SFRA or ‘when the eicaft exits the DC SFRA; end (6) Before operating te aterat into, ‘cut of or through the Washington. DC Tr-Area Class B Airspace. Aree, the pilot secvives 3 specilic Air Trafic Coatrl clearance to operate in the Class 8 8, “For the Might you were not operating « military, knw enforcement. oF emergency rodival area. 9, ur the gh, youd not he auihorization wo enter the SFRA al DC FRZ. 10, Funher, during the fight you operate he area within tbe Washingion, DC Cass B ltspace without having reesived an Air Trafic Control (ATC) -feuranes fom te aparopiste AC fly proeo operating the areal in hat, 1A. Washington, DC Class Ry airspace is controlled by Federal Aviation Adainisintion ATC. y. you did not receive a clearanee from ATC to operate in the Washingtoa. DC Cass 8 airspace aren 13. Your operation of the airezat endangored the national airspace system in that you opentod he aircraft in the SERA, FRZ. and Class B airspace without an ‘ir Tratiie Cont clearance, 14.By renson of stl of the above, you opermied the aircraft in a careless or rechless mnner se as 19 endanger the Tie or propeny of another v: foreysing. appears tha yee fated wa comply wit the ollowing. Federal Aviation Regs lations: (2) GER, $1139), which iss thet ne person may’ iperate at areal in a ‘careless or rzBless manrer 96 as to endanyer the life or propesty oF another. (0) CER. § 91.131(0), which taxes no person may operate an arr tia a Class srspace arc ence in compliance with $91,129 andthe following rules: (1) The operator ist recelve an ATC elearonee fom the ATC facility havin jurisdiction for that area bofacs operating an sreraf in that (©) ACER: § 93.337, which states that pilot conducting any ype of Hight ‘operation in (32 DC SFA ncust comply with the restrictions listed in this subpart und all spocalinsirations. issued by the FAA ia the interest of ‘ational secuiy. Those special instctions may be ised in any manner the FAA censders appropri, inelfing 2 NOTAM, Additionally, pilot must comply with <1 ofthe applicble requirements ofthis chap (4) 14CFAR.§ 95.336), which states thal excep as provided in paragraphs (6) and (¢) of this seetion aad in §93:245, or unless authorized by Air Trac Contre, 9 pilot may opence an aircraft, including an wltalight vehile or sma cil orci or pie acral, i tbe DC SFRA, inchoding the DC FRZ, (2) sh airraf i cauippid with wn operable two-vmy tao capable iating with Air Traffic Control on appropiate radio frequencies (2) Before operating ea oie inthe DC SFRA. ineluding the DC FRZ, the pilot establishes teawoy radio communications withthe approprias Ai Trafie Coie! Veit axéwsnians sachs communications while operating dhe aera i the DC SFR. including the DC FRZ; (3) The aire is equipped wit an operning automatic alte reporiing wansponder: (i) ‘Before epetiing an steal in the DC SFRA, including the DC PRZ, the pilot catains and uansrals a dierte transponder ode fom A Trai Conitel, al the vires emaspoader contnes to ans Ui assigned ‘code while eparaing within dhe DC SFRA: (3) For VER operations. the Pilot cust ile end aeivaien DC FRZ or DC SFRA Aight plan by abaining a siseretsranspander cok The ig pla is closed upon lading at en eport ‘thin die DE ST'RA or wien the areal exits the DC SFRA; (6) Bole operating desire into, out of, ar though the Washington, DC Trea Class 3 irspace Aree. the pilet rcecives « spesifie Aip Trallie Contol ‘operas in Ce Class B airspace area: and (7) Before operating ite, cit 9f 9 dea Ciass D alespace area tha is within the [AC Sov the pias com igs with $91.129 of this chapter. Pursuant to 49 U.S.C. $ 463¢14)°5) you ae subject co a civil penalty not to exceed dons. fier reviewing all of aed iv cur tavestigatve file -ve propose co assess a civil penalty the amount of S1.108.0, Enclosed is informatica on. include perticipeving ie a sonferecee wtn at FAA atlom information to wis Fa the alternatives explained en the eneloss oom sitin 30 days of receiving this Notice, Ifyou fel to submit your choice within 30 days of your receipt ofthis Notice, you will have ne deze sight wo paleipae i in resending ta this Notice. ‘The options and sabi Please direct all communications to: Matthew J, Zappala, 12 Now #ngland Executive Park, Burlington, MA 01803, (elephone (781) 238-7046, fax (781) 238-7055, Peter J. Lynch Assistant Chief Counsel for Enforcement "12. New England Executive Park Burlington, MA 01803 ‘email: malthew.zapoala@faz.nov ‘Telephone: (781) 238-7046 (direct) (781) 238-7055 (fax) Enclosures: Information Sheet and Reply Form CFR. $13.18. bee! AEA-230 (R. Orentzel, Trupkin, S) 8. Galle 2150 D.Verley 2015EA1 50096 Gi\groups\legalicivpen\UAS\2015EA150096 Verley NOPA MJZiraim a! 2 US. Department (rcs ofthe Chet Count Enforcement alan oF hongperaton Souther Teo ‘fot Coe KSrstion Satoge a GA 057 115, CERTIFIED MALL, RETURN-RECEIPT REQUESTED, and FIRST-CLASS MAL pec! 2 2 Jorge Lube RE: — Jorge Lube, Case No. 201580630050 NOTICE OF PROPOSED ASSESSMENT Based on the following facts and circumstances, it appears that you violated the regulations of the Federal Aviation Administration: i. On uly 5, 2015, you operated a Parrot Bebop, an Unmanned Aircraft System (UAS) as defined in Section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95). 2, ‘The referenced July 5, 2015, UAS operation was near the Rio Bayamon U.S. ‘Coast Guard housing complex. During the referenced July 5, 2015, operation: a. You failed to maintain line of sight with the UAS at all times, and b. The UAS struck a privately owned vehicle locatéd in the Rio Bayamon U.S: ‘Coast Guard housing complex. 4, Priot to July 5, 2015, you conducted two previous UAS operations that-revulted in ‘an UAS crashing in the Rio Bayamon U.S. Coast Guard housing complex. 5. The two operations referenced in Paragraph 4 were conducted an or about: a. Apsil 7, 2015, and b. May 14, 2015. 6. Following the April 7, 2014, UAS crash in the Rio Bayamon US, Coast Guard housing complex, you received: ‘a, An UAS informnation letter from the FAA, and, '. Verbal notification from FAA personnel about the requirements for operating an UAS as model aircraft for hobby or recreation. 7. Based on the information you received referenced in Paragraph 6, you knew at the time of the July 5, 2015, UAS operation thet you were required to maintain ine of ‘sight with the UAS at all times, 8 Your July 5,2015, operation, as described in Paragraph 3(3), was careless oF reckless conduct so as to endanger the life or property of another beranse you ‘operated the UAS beyond line of sight. 9, Youir July’, 2015, operation, as described in Paragraph 3(b), was careless or reckless conduct so-as to endanger the life or property of another because the UAS crashed into a private vehicle inthe Rio Bayamon U.S, Coast Guard housing complex. As aresult of the foregoing, it appears that you violated [4 C.P.R. § 91.13(@).in that no persoxi ‘may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another Under 49 U.S.C. § 46301(a)(1), you are liable to the United States Government for a civil penalty of not more than $1,100 for each violation of the Federal Aviation Regulations. After reviewing the facts and circumstances in our file, the FAA proposes to assess a civil penalty in the amount of $1,100. Enclosed is information on your options in responding to this Notice. The options include participating in an informal conference with an FAA attorney, and submitting information to the FAA for consideration, You mast submit, in writing, your choice of the alternatives explained on the enclosed information form, on or before 15 days after you receive this notice, This may >be accomplished by completing and returning the enclosed reply form within 15 days after you receive this notice. If you fail to submit your choice within 15 days after you received this! notice, you will have so further right to participate in the informal procedures. Please direct all communications to Ryan Landers at 1701 Columbia Ave., College Park, GA 30337, telephone (404) 305-$206, or fax (404) 305-5223. PeterJ. Lynch Assistant Chief Counsel for Enforcement ‘ORIS}RAL SIGNED BY Ryan Landers Enforcement Division, Southern Team 1701 Columbia Ave. College Park, GA 30337 email: ryan landers@faa.gov Telephone: (404) 305-5200 (main) (404) 305-5206 (direct) (404) 308-5223 (fix) Enclosures: Information Sheet and Reply Form 14 CRR. 913.18 CERTIFICATE OF SERVICE L hereby certify that the foregoing Notice of Proposed Civil Assessment has been sent by certified mail and regular mail to: Jorge Lube & / GERALD A. GS / Program Analyst DEC 2 20% Dated Ce: SJU-FSDO ASO-T:gaj:2-2-15 F:\ADMINOTICES\OPEN20151201550630050.docx US. Departent Easter Region 1. Aviation Plaza of Transgoiaion Regions! Counsel Jamaica, NY 11424 Federal Aviation Felepnone: 718 s583236, ‘Adeainstration csi: 7189955800, December 31,2014 PI CTF RECEIPT REQUES FIRST CLASS. Wilkens J. Mendoza Re: Docket No. 2014EA150069 NOTICE.OF PROPOSED ASSESSMENT ‘TAKE NOTICE, that this office has received an investigative repott from which it appears that you violated the: Federal Aviation Regulation(s) by: reason of the following: 1 On or about July 7. 2014, you operated an Unmanned Alteraft System (hereinafter “the aircraft"), on a Might in the-vieinity’ of Fairfield Avedive and Fori George Hill in the borough of Bronx, New York (hereinafter “the Aight"). ‘The flight was condkicted in New York Class B airspace. Further, you operated the aireraft without receiving dh Air Traflic Control (ATC) clearance from the ATC facility having jurisdiction for that area, Your operation ofthe aircraft endangered the national airspace system in that you operated the aircrafl in Class B alespace without ain Air Traffic ‘Control clearance. ‘Your operation of tie aircraft ss careless or reckless so as 1 endanger the life oF property of another in that you operated the aireaft in Class B airspace without an Air Traffic Control clearance, By reason of the foregoing, you violated the following section(s) of the Federal Aviation Regulations: 8, Section 91.13(a), which states thot no person may oper careless or reckless manner so os to endanger the [i another. fn aircraft ina oF property of b, Section 91.131(@), which states no person may operate on aireraft within & Class B airspace area except in compliance with §91129 aid the following rules: (1) The operator must receive an ATC clearance from the ATC facility having: jurisdiction for that aren befove operating an sireraft in that area In accordance with 49 U.S.C. §$46301(a)(1) and ¢4)(2). you are subject to a civil petialty not to exceed $1,100 for each violation of the regulations. By reason ofthe foregoing facts and circumstances, we propose 1 assess civil penal fn the amount of $1,100.00. Enclosed is infortation concerning your options in-respanding to this Notice. “The ‘optio3ns include partielpation in an informal conference with an FAA attorney and ‘submission of information to the FAA for consideration. You mst submit it seriting your choice of the altematives explained on the enclosed inférination foun, con of before 15 days after you receive this Notice. you fail 10 submit your choice within that cime, you-will have no further right to participate in dhe uso informal procedures listed above and an Order of Assessment wil be issued as proposed Allfted Johnson, Je. Regional Counsel ee Anromey Enclosures: Information Sheet Option Selection Form Informal Conference Location List Pilot's Bill of Rights Writen Notification ce: AFS-760 FEDERAL EXPRESS: CERTIFIED MAIL - RETURN RECEIPT REQUESTED & EIRST CLASS MAJI. Michael P. Kushner, Esquire 16 Court Street, Suite 2901 Brooklyn, New York 11241 TO INFO! Ont Auygust3, 2012, the Pilot’ Bill of Righis (PBR), Public Law112-153, was enacted. Among other things, the PBR requires that you be given notifiation thatthe releasable portions of the Administrator's enforcement investigative report (EIR) will be available to, You and that if applicable, you aro entitled to access oF uthesise obtain a afc data relevant tothe Administrator's investigation. Accordiogly: 1. ‘The releasable potions ofthe Administrator's EIR are available to you upon ‘your written request addressed tothe FAA's legal counsel handing the ‘enforcement ction. 2, Because under the PBR the Administrator may wot proceed with this matter ‘until any air traf data Facilitating your productive participation ina procceding related to this matter has been made available to you for 30 days. fo the exten that you have not already asked for any relevant air traffe data you must expressly do so in wiling within 15 days of your receipt ofthis Notice. which isthe same timeframe it which you must respond to this Notice, eo ns i Coe Est Onin at ee ‘en New ae RE: Wilkens J. Mendoza, Case No. 2014EA150069 Dear Mr, Mendoza: ‘After consideration of all ofthe information related tothe above-captioned matter. the ‘Administrator has decided to withdraw the December 31, 2014 Notice of Proposed Assessment, Yous may consider the matter closed, Sincerely, damaica, New York 11434 q thvaughan@fon.gov “Telephone: (718) 553-3255 (direct) (718) 998-5699 (Tax) DM: RECI MalL: Michael P. Kushner, Esquire 16 Court Street, Suite 2901 Brooklyn: New York 11241 e Us Oepatinnt oe — oF ormerton ca te a aon dora Acton sone Krittraon| SS hea ee US.CE! MAIL. RE EIT REQUES and FIRST-CLASS MAI sep 17 708 Mr, Ryan D, MacDonald Mr, Ryan D. MacDonald RE: — Ryan D. MacDonald; Case No. 2015BA270037 NOTICE OF PROPOSED ASSESSMENT ‘Based on the following facts and cireumslanees it appears that you violated! the segations of Federal Aviation Administration: On of about May 14, 2015, you operated an Uninanned Airoaft System (the sireraft”), on flight in te viiniy of Lafayette Park, Washington, DC (‘the fight”). During the flight, you operated the aircraft within the Washingion, D.C, Metrepofitan ‘Area Special Flight Rules Area (DC SFRA). The DC SERA is an area of airspace over the surface of the earth where:the ready identification, location, and contol of airerat is required in the tnerests of wational securily Specifically, the DC SERA is that airspace, from the surface to, but not including Fe 180, within a 30-mile radius of laude 38° $1° 347 N, longitude 77" 02° 11" Ws or the DCA VOR/DME. Lafayette Patk, is within the DC SFRA. During the igh, you filed to comply with te specie insmaetions contained in Subpan V of [4 CFR. Pact 93 and all special insructions issue by the FAA inthe interest of naticinl security. Specifically. dising the light you operated the airraft within the Wasinglon. © Metropolitan Area Special Flight Rules Area (OC SFRA) and Washingiot. D. Metropolitan Area Flight Rested Zone (DC FRZ) without complying witht aoerrehias listed in Subpart V of 14 C.E.R. Part 93 andthe special instructions Issued by the FAA in the interest of national seourity. 8. Specitcally, wile opecting te Might, you filed to ensure thatthe sreafl you were ‘operating met the following: (1) The airerat is equipped with an operable two-way radio eapable of communicating with Ait Traffic, Control on appropriate radio frequeneles: (2) Before operating an aieraft inthe DC SFRA, including the DC FRZ, the pilot establishes two-way’ radio conumunications with the appropriate Air Trafic ‘Contol facility and maintains such communications white operating the aiseraf in the DC SFRA. including tbe DC FRZ; (3) The aierall is equipped with an operating i i ‘an aircraft in the DC 'SFRA, ineluding-the DC FRZ. the pilot obtal a igre transponder ‘cade fyoin Aic Traffic Control, and the airraft’s transponder contianes to transmit the astigned code while operating within the DC SFRA; (5) For VER operations the plot must file and activate a DC FRZ. or DC SFRA fligt plan by obtaining a discrete Iransponder code. The light plan is closed upon landing a an airport within the DC SERA or when the aireaft exits the DC SFRA; (6) Before operating the aireraft into. out of, oF through the Washington, DC Tri~Area Class B Airspace Area, the pilot receives a specific Air Traffie Control clearance to operate in the Class B airspace trea, and (7) Before operating the aircraft into, ot of, or through Class D irspace tren that is within the DC SFRA, the pilot complies with §91.129 of the Federal Aviation Regulations. 19, Forthe figh, you didnot have authorization to enter the SFRA. 10, Dating the Aight, you operated the aircraft within she Washington, D.C. Metropolitan ‘Area Flight Restricted Zone (DC FRZ). 11. The DC FRZ. isan area bounded by a line beyinning.at the Washington VOR/DME (OCA) 311° radial at 15 nautical miles (NM) (Lat 38° 59°31" Nu Cong. 77° 18° 30" WJ) then clockwise along the DCA 15 nautical mileare to the OCA 002* radial at 15 NM (Lat. 39° 06° 28", Long. 077° 04°32" W,}; then southenst via tine drawn (0 the DCA 049° maial at 14 NM (Lat, 39° 02° 18" N., Long. 076° 50° 38” W.); thence south via‘ line drawn to the DCA 064° radial at 13 NM (Lat, 38° 59° 01"N., Long. 32" W): thence clockwise along the 13 NM are to the DCA 276° radial a 13 NM (Lat. 38° 50° 53°N,, Long. 077° 18° 48°W,); thence north 10 the point of beginning, excluding the airspace within’ one nautical mile radius of the Frecway ‘Aiport, WOO, Mitchellville, MD from the surface up to but notineuding Might level (FL) 180, The DC FRZ is within and part ofthe Washington, DX Metropolitan Area SFRA. 12, Lafayette Park, is within the DC FRZ. 13. During the flight, you did not operate within the DC FRZ under an FAAVTSA authorization. 14, Further, during the fight you operated the aiteret within the Washington, DC Class B airspace without having received an Air Trafic Control (ATC) clerance Trom the appropriate ATC facility prior to operating the aiteralt in that oe 15, Lafayette Park is within the Washington, DC Class B airspace 16, Washington, DC Class B sitgpace is controlled by Federal Avintfon Administration ATC. 17, Spetifically, DC Class B ‘ou did not receive a clearance from ATC (o operate the Washington, space area. 18, During the fight, you operated the ireraft within the prohibited crea P-S6A. 19."The prohibited area P-S6A is that sitspace beginning atthe southwest comer ofthe Lincoln Memorial (lt. 38°53°20" N.,fong, 77°03°02" W.} thence visa 327° beacng 046 miles, to intersect the Rock Creck and Potomac Parkway, NW (at It. 38°53°45" 1N., long. 77°03'25" W.); thence northeast (0 the intersection of New Hampshire ‘Avenue, NW and F Stcect, NW (at Int. 38°53'S0" N., long. 77903"17" W); thence along New Hampshire Avenue, NW, 04 mileé to Washington Circle at the intersection of New Hampshire Avenue and K Street, NW (Int. 38°54°08” N., long. 77°03°01 W.); theove east along K-Stret 2.5 miles to the railroad overpass between First and Second Stcects, NE (lat, 38°54'08" .N,, long. 77°00°13" W.) thence southeast via a 158° bearing 0.7 miles, to the southeast comer of Staion Square, at the intersection of Massachusetts Avenue and Sixth Strecl, NE (le, 38°53°35°N.. Jong. 76°59°56" W.); thence southwest vis @ 211° bearing 0.8 miles, 1 the Capitol Power Plant at the intersection of New Jersey Avenue and Stoo SE (lat. 3895259" N., long. 77°00'24" W,}; thence west via a 265° beating 0.7 miles, tothe jntersetion OF the Southwest Freeway (Inleslale Roule 395) and Sieth Strect, SW extended (lat 38°52°S6" N,, long 77°01" 12" Wy) thence north alo Sixth Street 0.4 miles, to the inlersection of Sixth Street and Independence, Avenue, SW (lat 38°53°15" N,, long. 77°01°12" W.); thence west alaug the north sido of Independence. ‘Avenue 0.8 tails, to the intersection of Independence Avenue and 15"-Strect, SW (lat, 38°53°16" N., long 77°02°01" W.); thence: west along the southern lame of Tndependence Avenue 0,8 miles to the West end of the Kutz, Memorial Bridge over the Tidal Basin (Io 38°53°12" N., long, 77°02'27"W.); thenge, west via & 285° ‘eating 0.6 miles, i the southwest corner of the Litcoln Memiotial, tothe point of boginning. 20, Lafayette Park, is within the prohibited area P-56A. ‘You did not recetve prior authorization from the usitig agenty lor to:operating the aieraft i this are, 22. Spesifically the using-agency for prohibited area P-S6A isthe United States Secret Service, ‘20, The United States Sectet Service cleared the entire north side ofthe. White House of eople from the White House sidewalk 10 H street NW due to your operation of the alrerafl. 24, Your operation of the airrafl endangered the national airspace system in that you. operated the airerat in the SFRA, FRZ, P-SGA, and Class B airspace without an Air Traflie Coattol elearance. 25. By reason of all of the above, you operated the aircraft in a careless or weckless ‘manner 503 10 endanger the life or property of anothcr. Asaresult of the foregoing, it appears that you violated: (@) 14 CER. § 73.83, which states mo person may operate an sireaft withit a prohibited area unless authorization has been granted by the using agency. (©) 14 CFR § 91.13(@), which states that no°person may operate an aire in a careless or reckless manner so as tp endanger the life or propertyof anche. {2 14CER.§91.131(), which states no person may’ operate an areeaf within a Class B airspace area excep in compliance with §91.129 and the following les: (1) The ‘operator must receive ant ATC clearance from the ATC: foil having jurisdiction for tha area before operating an aircraft in that area, (@) 14 CER. § 91.133(a), which states that n0 person may operate an aieeral in a restricted area contrary to the restrictions imposed, or within.a prohibited area, ‘without permission from the using or controling egency, as approprivi, (©) 14. CPR. $93.337, which states tha a pilot condocting aay type of flight operation in the DC SFRA must comply with the restrictions. sted jn this subpart and all special instructions issued by the FAA. in the inerest of national security. Those special instructions may be issued in any manner the FAA considars appropriate, including a NOTAM, Additonaly, a pilot must comply with all of the applicable tequitements ofthis chapter. (DCR, §95.335(0), which states that excopt 1s provided in paragraphs (b) and (6) of this seeton and in §93.345, or unless authorized by Ai Traffic Control. n0 pilot may operett an aircraft, including an ultralight vehicle oa civil sitcrafl or public airerafl, in the DC SPRA, incloding the DC FRZ, unless ~ (1) The aivgrafh. is equipped with an opefable-two-way radio capable of comititnictting with Air ‘Traffic Control on appropriate radio frequencies; (2) Before ofttating nn aicrat in the DC SFRA, includiig the DC FRZ, the pilot establishes: two-way radio ‘communications with the appropriate Air TrMe Coniol fait and minting sue ‘communications while onoraing the aircraft in. the DC SERA, jnchuding the DC 3) The aircraft is equipped with an operating automate akitude reporting anspor Belo oetng ah avon De DC ‘SPRA, inciinig the DC -ERZ, the pilot obinins and transmits discrete transponder code from ic Traffié Conitol, and the airerals nsponder continues to transmit te assigned code white ‘operating within the DC SFRA; (5) For VFR operations, the pilot must file and activate a DC:FRZ or DC SFRA fight plan by obieining a diseret. transponder ‘code. The fight plan is closed upon landing ut an airpoit within the DC'SFRA or when the aireraft exits the DC SFRA; (6) Before optrating the alreaf ino, out of, cor through the Washingion, DC Tri-Atea Class B Airspace Arca, the pilot receives & specific Air Traffi Control clenrance to operate in the Class B airspace area; and (7) Before operating the aireraft into, out of, or through, Class D ispace area thats within the DC SPRA« the pilot conaplies with §91.129 ofthis chapter. Under 49 U.S.C. § 46301 @(1), you ae liable to the United States Govemnment fora civil penalty of not more than $1,100 foreach violation of te Federal Aviation Regulations, After reviewing the facts and eizcumstanees in our fil, the FAA proposes to assess.a civil penalty io the amount of $4.400.00. Enclosed is inforrnation on your options in responding to this Notice. The options inelude participating in an informal con(erence with an FAA atiorey, and submiting information tothe FAA forconsideration, You must submit, in writing your choice of the altematives explained ‘on the enclosed inforiation form. on or before 5 days after you receive thisotice. This may ‘be accomplished by completing and returning the enclosed reply form within. 15 days ates you receive this notice. If you fil to submit your choice within 15 days after you received this notice, you will have no Further right to participate inthe informal procedures: Please direct all comtnunications to Attorney Judith L. Vaughan, Office of the Chief Counsel, Enforcement Division Northeast Team, 1 Aviation Plaza, Jamaien, New York 11434, telephone (718) 553-3255, fax (718) 995-5699. Peter J, Lynch ‘Assistant Chief Counsel for Enforcement Federal Aviation Administration 4 Aviation Plaza Jamaica, New York 11434 ‘emul: judith-vaughan@faa.gov “Telephone: (718) 553-3255 (aireet) (718) 995-5699 (fax) Enclosures: Information Sheet and Reply Form CFR. S518 US Department fie etn it Coun nana Os fof ereperain ed Nomen ean Fedorot Aviation rao Pa Preller Joes Naw Yr 1630 ‘ORDER OF ASSESSMENT ‘The Federal Aviation Administration (FAA) notified you through « Native of Proposed Assessment dated September 17,2015, that tie FAA proposed to assess civil penalty in the ‘amount of $4,400.00, for your alleged violation of 14 CFR, §§ 73.83, 91:13(4) 91131), '91,133(@), 93.337, and 93.539{a). After considering all the evidence inthis miter, ineluding the information submitted by you on October 10, 2015, the Administrator has determined that: 1. On oF about May 14, 2013, you operated an Unmanned. Aterft System (the arora”) om a ght i the vicinity of Lafayette Park, Washington,DC (the igh) 2, During the flight, you operated the aireraf within the Washingion, D.C, Metropalitan ‘Area Spetial Flight Rules Area (DC SFRA}- 3. The DC SFRA is an arca of sirspace, over the surface ofthe earth where the reedy fdenification, location, and contra! of sireaft is required in the interestsof national security, 4, Specifically, the DC SFRA is thet airspace, ftom.the surfbee to, bat nol including FL: 180, within a 30-mile radius of latitude 38° 51° 34" N, longitude 77° 02° 11" W, or the DCA VORIDME. 5, Lafiyotte Park is within the DC SFRA. {6 During the flight, you fled to comply with the special instructions contained in ‘Subpart V of 14 C.P.R: Patt 93 and all special instructions issued by the FAA in the interest of national securit 7. Specifically. during the flight you opefated the airraft-within the Washington. D.C. ‘Metopoliian Area Special Fiight Rules Area (DC SFRA) and Washington. D.C. Metropolian Area Flight Restricted Zone (DC FRZ) without camplying, with the restrictions listed in Subpart V of 14 C.R.R. Part 93 and the special instructions issued by the FAA in the interest of national security. 8, Specifically, while operating the Aight, you Coiled to ensure thatthe kireraft you were ‘operating met the following: (1) The aera is equipped with an operable two-way radio capable of communicating with Air Traffic Control on appropriate radio frequencies: (2) Before operating an sireraft in the DC SFRA, including the: DC FRZ, the plot establishes two-way radio communications with the appropriate Air Traffic CConttol facility and maintains such communications while operating the alrera in the DC SFRA, including the DC FRZ: (3) The alreaft i equipped with an operating suioniatc altitode reporting transponder; (4) Before operating an airraft inthe DC 'SFRA, ineluding the DC FRZ, the pilot obtains and transmits diserete transponder ‘code from Air Traffic Control, and the siroraft's trangponder continues to transmit the ‘assigned code while operating within the DC SFRA;{3) For VFR-operations, the plot “snust file and activate a DC FRZ or DC SERA flight plan by obtaining a discrete {ransponder code. The ight plan is closed upon lending at an airport withis the DC. ‘SERA or when the airral exits the DC SFRA; (6) Before operating the aircraft into, ‘ut of, or through the Washington, DC Tri-Area Class B Airspace Ares, the pilot receives a'specific Air Traffic Control clearance 19 operate in the Class 1 airspace ‘area, and (7) Before operating the eitcraft into, out of, or through Class D sirspace ‘area that is within the DC SFRA, the pitot complies with §91-129 of the Federal ‘Aviation Regulations. 9, For the flight, you did not have authorization to enter the SFRA 10. During the flight, you operated the aireraft within the Washington, D.C, Metropolitan Area Flight Restricted Zone (DC FRZ). 11. The: DC FRZ is an area bounded by a fine beginning at the Washington VOR/DME (DCA) 311° radial at 15 nautical miles (NM) (Lat. 38° 59° 31° Nie Long, 77° 18" 30 |W); then clockwise along the DCA: 15 nautical mile are to the DCA 002° radi at 15 [NM (Lat 39° 06° 28° N, Long. 077° OF" 32° W.);dhen southeast vie a line drawn to the DCA 049° radial at 4 NM (Lat: 39° 02" 18” N., Long. 0762-50" 38° W.) thence South via a line drawn fo the DCA 064° radial at 13. NM (Lat, 38° 59° O1°N., Long. (076° 48" 32" W,); thence clockwise along the 13 NM arc to the DCA 276° radial at 13 NM (Lat. 38° 50° 53°N, Long. 077° 18° 48°W.); thende trth lo tho point of beginning, excluding the airspace within a one nauteal mile radius of the Freeway ‘Aiport, WOO, Mitchellville, MD from the surface upto but not netuding Might evel (FL) 180, The DC FRZ is within and pat of the Washington, DC Metropolitan Area SERA. 12, Lafayette Park, is within the DC FRZ. 13, During the Might, you did not operate within the DC FR under an FAA/TSA authorization. 14, Further, during the flight you operated the aiteraft within the Washington, DC Class BB sirspace without having received an Air Traffic Control (ATC) elenrance from the ‘appropriate ATC feiliy prior to operating te airecaft in that area, 15, Lafayette Park, is within the Washington, DC Class B airspace. 16, Washington, DC Class B airspace is controlled by Federal Aviation Administration ATC. 17. Specifically, you did not receive a clearance ftom ATC to opsrate inthe Washington, DIC Class B airspace area 18. During the light you operated the eireraft within the prohibited area P-S6A. 19. The prohibited area P-S6A is that eirspace beginning at the southwest comer of the Lincoln Memorial (lat 38°53'20" N,, long, 77°03°02" W,); thence vie a 327° beara 046 miles, to iniersec} the Rock Creek and Potomac Parkway, NW (et lat 38°53" Na long. 77°03'23" W); thence northeast to the intersection of New: Hampshire ‘Avenue, NW and F Street, NW (at lat, 38953°50" N,, long. 77°03°17" W.); thence along New Hampshire Avenue, NW, 0.4 miles to Wasbitighon Circle at the intersection of New Hampshire Avenue ard K Street, NW (lt. 38°54°08" N., long, 77°03°01 W.); thence cast along K Street 2.5 miles tothe railroad averpass between First and Second Streets, NE dat. 38°54'08” N., long: 77°00"13” W.); thence southeast via a 158° bearing 0.7 miles, fo the southeast cormer of Stanton Square, at the intersection of Massachusets Avenue and Sixth Street, NE (lat. 38°53°35°N.. Jong. 76°59°S6" W); thence southwest via @ 211° bearing 0.8 miles, to the Capitol Power Plant at the intersection of New Jersey. Avenue and E Streot, SE (lat '38°52°59" N, long, 77°00'24" W.); thence west via a 265° bearing 0.7 miles, to the intersection of the Southwest Freeway (Inferstete Route 395) and Sixth Street, SW extended (lat, 38°52°56 N, long 77°01"12" W.) thence north along Sixth Strect 0.4 miles, to the intersection oF Sixth Street end Independence Avenue, SW (Int $38853°15"N., Jong, 77°01"12" W.); thence west along the non sie of Independence ‘Avenue 0.8 miles, t0 the intersection of Independence Avenue’ and 15 Street, SW {al, 38°53°16" N,, Tong 77402°01" W.j; thence west along the southem Inne. of Independence Averie OA miles to the west end of the Kutz Memorial Bridge over the Tidal Basin (lat. 36°53°12" N., long. 77°02°27°W,}; thenee west vin a 285° bearing 0.6 miles, co te southwest comer of the Lincoln Memorial, tothe point of beginning. 20, Lafayette Park, is within the prohibited area P-56A.- 21. You did not receive prior authorization From the using ageney prior to operating the aiceaft inthis ren. 22, Specifically, the using agency for prohibited area P-56A is the-United States Seeret Service. 2. ma 28. “The United States Secret Service cleared the entire north side of the: White House of people from the White House sidewalk to H street NW due to yur operation of the aircraft ‘Your operation of the aircraft endangered the national airspace sysiea i that you operated the airerat in the SFRA, FRZ, P-SGA, and Class B alrspace without an Air Traflie Control clearance. By reason of all of the above, you operated the aircraft in a carless or reekless manner so as to endanger the life or property of another By reason of the foregoing, you violated: @ wo © @ © oO 14 CER. § 73.83, which states no person may operate am siteraft. wth prohibited arca unless authorization hes been granted by the sing agency. 14 CFR, § 91.13(0), which states that no person may operate an aiteraft in a careless or reckless manner soas to endanger the life or property of another. 14 CER. § 91.131(@), which states no person may operate an ater within Class. B airspace area except in compliance with §91.129 and the following ules: (1) The ‘operator must receive an ATC clearance from the ATTC faility having jurisdiction for that area before operating an air in that area. 14. CER. §.91.133@), which sites that:nd person may operite an sirerafl in & resirited area contrary to the restrictions impose, or within a probibited area, ‘without permission fram the using or eoniroling ageney a appropriate 14 CER. § 93.537, which sate that a pilot conducting any typeof flight operation in the DC SERA must comply with the restitions listed in this subpart and all special instructions isued by the FAA in the interest of nalfonel security. Those special instructions may be issued in-dny manner the FAA considers appropriate, including a NOTAM, Additionally, a pilot must comply with all ofthe applicable requirements ofthis chapter. 14 CER, § 93.3394, which states that except as provided in pargraphs (b) ard (©) of this section and in $93.34, or unless authorized by Air raffle Control, 0 pilot nay operate an aireraf, including an ultralight vehicle or aiy-evil siera ot public fireraf in the DC SFRA, inclading the DC FRZ, unless ~(1) The eireraft is equipped with an operable two-way radio capable of commaricating with Air Tratfie Control on sppropriats radio Frequencies; 2) Before operaing an area in he DC SFRA. including the DC TRZ, the pilot esiblishes two-way radio ‘communigstons with the appropriate Air Trafic Corral facility end minis such communications while operating the tireaft in the DC SFRA, including the DC FRZ;_ (3) The aircraft is equipped with art operating automatic altitude reporting transponder; (4) Before operating an airerat in the: DC SFR, including the DC RZ, the pilot obtins and transmits a discrete eansponder code fiom Air Trafic ‘Contra, and the aireraf's transponder continues to transmit the assigied code while ‘operatig within the DC SFRA; (5) For VER operations, the pilot must file end dativate a DC FRZ or DC SERA flight plan by obtaining a disrete transponder ode, The flight plan is closed upon landing at an airport within the DC SFRA or ‘ben the aireralt exits the DC SFRA; (6) Before operating, tho aireat into, out of ‘or through the Washington, DC Tri-Atea Class B Airspace Area, the pilot receives ‘specific Ait Traffic Contral clearance to operate in the Class B airspace are; and (7) Before operating the aircraft into, ost of, or through Class D altace area that is within the DC SFRA, the pilot complies with §91.129 of this chapter. ‘THEREFORE, IT IS ORDERED under 49 U.S.C. § 46301 thal you are assessed'a cvil penalty in the amount of $4,400.00. We hereby acknowledge receit of your payment fn the amount of $4,400.00 sich we accep in full settlement of this matier. You may consider the matter close. Peter J, Lynch Assistant Chief Counsel for Enforcement By: Enforcement Division, Northeast Team 4 Aviation Plaza Jamoaica, New York 1434 cenmail; judith.vaughanG@faa.gov Telephone: (718) $53-3255 (direct) €718) 995-5699 (fax) CERTIFICATE OR SERVICE 1 oentfy thatthe foregoing Order of Assessment has been sent this date by U.S: C Mail, return-reefpt requested and First-Class Mail to: a D. MacDonald a US. Depart Eaitem Region ‘Aviation Piers ‘of Transportabon Regional Counsel damsica, NY 11434 Federal Aviation “elophona: 718 958-255 ‘administration acai: 718 25-5680 WAR 03.205 wI ERAL_B. ETU REQUESTED, & FIRST CLASS MAIL. Isaac Rosa Re: Docket No. 2014EA150080 N E PRO! ESSMEI TAKE NOTICE, that this office has received an investigative report fom which it appears that you violated the Federal Aviation Regulation(s) by reason of the following: 1. On of about September 17, 2014, you opetaled an Unmanned Aireralt ‘System (hereinafter “the aircraft”), on a flight in the vicinity of 290 Central Avenue, Brooklyn, New York (hereinafter “the flight”). 2. The flight was conducted in New York Class B airspace. 3. You operated the airerafl into New York Class B airspace withont receiving ah Ait Traffic Control (ATC) clearance fram the:ATC. facility having jurisdiction for that area. 4, While in Clas B airspace, you operated the aircraft near New York City Police Department Agusla A119 Koala helicopter, identifiation munber NBISPD (hereinafter the “helicopter”) at an unsafe distance, 5. Specifically, you operated the aierafl approximately $0 feet laterally from the helicopter at an altitude of approximately 750 feet: 6. "There were at least two erewmembets aboard the-helicopter. 7. Atthe time of the flight, the. helicopter crewmeinbers were conducting & searey patrol fora missing person in the area. 8. As a result of your operation of the aifcrafl in this’ manner, @ ferewmember of the helicopter was required to perform. an evasive maneuver in order to avoid a collision with the airerat 9. Further, as a result of yout operation of the aircraft in this manner, the ‘crewmembers had to temporarily suspend the search for the missing person 10. You interfered with, and did not give way fo, a manned sioraft 11. Yout operation ofthe aireral endangered the national airspace system in that you operated the aircraft in Class B airspace without an Air Traffic ‘Control clearance and in close proximity to another aircraft. 12. Your operation of the aircraft was careless of reckless so a8 to endanger the life or property of another in tht you operated the alreraft in Class B airspace without ah Air Traffie Contol clearance and in close proximity to-another aircraft. By reason of the foregoing, you violated the folowing section(s) Of te Federst Aviation Regulations: ‘a. Section 91.13(@), which states that no person may operate an airerat in a ‘careless of reckless manner so 9s fo endanger the life of property of another, ', Section 91.131), which states mo person may operate.an aiterat within Class B alrspace area except in compliance with §9L.129 and. the following rules: (1) The operator must receive ani ATTC clearance from the ATC feility having jurisdiction for that. aren before-operating an alecrat in that aie, {In accordance with 49 U.S.C. §§46301(aX1) and (€)(2), you are sibjstt0 9 civil penaly not to exceed $1,100 foreach violation ofthe regulations, By reason of the Forepoing facts and circumstances, we propose to assess a civil penalty inthe amount 0F $2,200.00. Enclosed is information concerning your options in responding to this Note, ‘The options tnclude participation in an informal conference with an FAA attorney and submission of information to the FAA for considemtion. You must ‘submit in writing your choice of the altemafives explained on the enclosed itiformation form, ‘on or before 15 days after you receive | this Notice. Ifyou fail to sabmit your choice Within that time, you will have no further right to-partipate in the avo informal procedures listed above: ‘and an Order of Assessment will be issued as proposed. Alfied R. Johnson, Jr. Regional Counsel By: ih X judi. Vans “Attorney Enclosures Information Sheet Option Selection Form Informal Conference Location List ce: AFS-760 vs Deporenast Cit Com 4s Depoters rid ett Cit Coos a fear avin Samm Now fos ERTIBIED, AUG 2-4 298 sane Rosa RE: Isane Rose Case No. 2014EA 150080 AMENDED ORDER OF ASSESSMENT ‘On May 11,2015, the Federal Aviation Administration (FAA) issued an Order of Assessent that we now amend to read as follows: “The Federel Aviation Administration (FAA) nated you through Notice of Assessment dated “March 3, 2015, that the FAA proposed an assessment in the aiiount of $2,200.00 for your Meged violton() of 14 C.ER.§§ 91.136) and 91.131(. A petement ns bern reached terecen you and the FAA. This Order fs issued to reflect the terms and conditions ofthe seattement reached by the parties. ‘After considering al of the isformation presently prt ofthis proceeding. the FAA has determined that: 1. On of about Sepiember 17, 2014, you operated an Uninamed Airralt System {hereinafter "the aircraft), 00 a fight in the viinity OF 290 Central Avenie, Brooklyn, New York (hereinafter “the ight") “The flight was conducted in New York Class B airspace. 43. You operated the areal into Nev York Class eirspce without receiving an Ai Trattte Control (ATC) clearance from the ATC facility having jusdietion for that area, 4. While in Class B airspace, you operated’ the airrft seat » New York City Polise Department Agusta A119 Koala helicopter, deufenion number N9PD (herein er the “helicopter at an unsafe distane.. 5. Specifically, you operated the aitraR approximately $0 fet lately tom the helicopter at an alttode of approximately 750 feet. 6 ‘There were at least two crewmembers aboard the helicopter. 4L_ atthe ime ofthe ight de heicptrcrowmerbers were condi 2 serch patrol fora missing person inthe area. ' a. As a rant of your operation of the ala in tis manner, cewmenier the ' ‘itor was required fo perform an evsive manever inorder 1 oid collision : swith the arcraf. i 4, Fhe, asa result of your operation ofthe arr in thi manner the cfewnvenubers jhad to temporarily suspend the search for the missing person l 10. You interfere with, and dd not give way 10, manned ere ‘Uc YYour operation ofthe aera endangered the nations capes ey in 2 ered the aera n Cass B airspace without an Ale Trafic Contra clearance and {close proximity to another ater. 1 12. Your operation ofthe iraf was careless ot reckless <0 8 to exes the life oF property of anaher in tat you operated the sera in-Class ‘airspace without an arr ye Contolelearance and in close proximity 1 anther cera. say reason ofthe foregoing, you filed to comply wit the following Federal Aviation Regulations: ‘ (9 LACER. § 91.1348), which states thao person may ape an area in a carlos or i qookless manner so as fo endanger the life or property of anotes. (by 14 CER. § 91.131), which sites no perdon may opera ah itera within 0 Class B i pace aren except in compliance wih §91-129 andthe fllweg rales: (1) The Shemtoe mast eeebie an ATC cleesace fron the ATC Tit Ng jurisdietion for : that area bofore operating an aircraft in thal area. IIS THEREFORE ORDERED, pursuant to 49 U.S.C. § 46301(a(5), you are assessed to pay the amount of one thousand five hundred and ffy-five dollars ($1,535.00) for these violations: ‘We hereby acknowledge receipt of your check payment in the amount of $1,985.00 dated August 12, 2015. Poter 3. Lynch, ‘Assistatt Chief Counsel for Enforcement Jamnaica, NY 11434 ‘email: judith.vnughan@faa.gov ‘Telephone: (718) 553-3285 (main) (118) 353-3255 (direct) (718) 995-5699 (fax) ce: Patrick F. Brodetick, Esquire (duorney for Mr. tsaae Rasa) 42-40 Bell Blvd., Sulte 601 Bayside, New York 11361-2861 d eR US bepedant Easter Region 4 ivilon Pla Srtenpoaion Regional coose! Samace NY 424 Same we Feder latin SREY rm eon pa Tay 1805 OVERNIG! Vie LE ‘Case Manager Office of Administrative Law Judges National Transportation Safety Board 490 L'Enfant Plaza East, SW. Room 4704 ‘Washington, D. C. 20594 (202) 314-6158 Dear Sir or Madam: ‘Administrator v. Isaac Rosa NTSB Docket No. TBD FAA Case Number 201484150080 Enelosed herewith ace an executed original and one (1) copy ofthe Adis’ Orde of ‘Assessment dated May 11, 2015,. assessing a civil penalty against the above-named Respondent in the arriount of $2,200.00. -The Order of Assessment is being filed as the Administrator's Complaint for affirmation of the Order in sccordance with 14 CPR, §13.18 end Subpart D of the Board's Rules of Practice. We request the hearing be held in New York, New York: ‘This is to certify that on this day a copy of the foregoing Administrator's Order of Sek F. Broderick, Attomey for Respondent, by forwarding « aos thereat by fhesimife an by overnight mailto Auemey Patrik F Brose Broderick & Broderick, 42-40 Bell Blvd... Suite 601, Bayside, New York, 11381-2861, which is the Alfred R. Johnson, Jt. Regional Counsel By: Yea sangha ‘attorney Enclosures 8. As # result of your operation of the aircraft in this manner, 9 crewmember of the helicopter was required to perform an evasive maneuver in ordet to avoid x coliston with the airerat. 9, Further, as a result of your operation of the aiccraft in this:manner, the ‘crewmembers had to temporarily suspend the search for the missing person. 10. You interfered with, and di not give way to, a manned aircraft. 11. Your operation of the sirorat endangered the national cirspace system in that you operated the aireraft‘in Class B airspace without an Air Trafic” Control clearance and in close proximity to another airctaf, 12. Your opetition of the aircraft was careless or reckless 39 as toendanger the lie 0¢ property of another in that you operated the siteraft in Class B airspace without an Ait Traffie Control clearance-and in close proximity to another aircrafi. ‘By reason of the foregoing, you violated the following section(s) of the Federal ‘Aviation Regulations: 1. Section 91.13(a), which staes that no person may operate an aircraft in a careless of reckless manner s0.as to endanger the life or properly of another. b, Section 91.131(@), which staies no person may operate an aircraft within @ Class B sirspnce area except in corapliance with §91.129 and the following rules: (1) The operalor must receive af ATC clearance fom the ATC facility having jurisdiction for that area before operating 4 airoraft in that area, tn accordance with 49 U.S.C. §46301(«)(1) and (d)2), you are aubject to-2 civil penully not to exceed $1,100 for each violation of the regulations, By reason of the foregoing faci and cireumitnces, we propose to assess «-cvil penalty in the amount ‘of $2,200.00. NOW THEREFORE, IT 1S ORDERED, pursuant to 49 U.S.C. $946301(2)1) and (4)(2), that you be and hereby are assessed a civil penalty im: the amount of ‘$2,200.00. If you do not requedl & heating before the National Transportation Safety Board within twenty (20) days after you receive this Order, the amount: of deb assessed jp this Order constitues a legally collectible debt owed to the United States. You ‘will not have a right to.seck review within the Federal Aviation Administration of the validity and/or amount of this debt. If this debt is not paid in full within thirty (90) days of your receipt of this Order, the debt considered delinquent. For Getroquent debts, federal regulation (19 CR, $69.25) tomers 1g to charge erat, from the date this Orders issued, at «Fed anu ate ‘of 5¥a.long with an anys charge oF $12.00 per moh, represemiig Our cos of administrative ‘ollection, Furthermore, ifthe full emmount assessed is not paid in Guth within 120 Gays of your receipt ofthis Order, we are required to a8s00 Ay additional penalty at smn annual rate of 6%, aceruing from the date of delinquency Delinguest debts may toe reported fo consumer reporting agencies oF ccommeccial credit butemss, which Oe adversely affect your credit rating. Nonpayment of this debt may ultimately enn in a referal to a collection agency, the Internal Reve Servies, the United Srates Department of Justice or, if applicable, oa Federal Agency for offset of debt against Federal pay: You may pay the penalty amount by submiting a ested check or money Order payable (othe “Federal Aviation Admninstaton” 19 he Office. of Accounting. | peyton Plaza, Jamaica, NY 11434. In the altomative, you mey Plt ‘your civil penalty with a eredit card over the Iniemel, To pay ‘electronically, visit the web vie at hipfév dot govifea hn and cick on “Civil Fines and Ponaliy Payments” si ch al bring you to the “FAA Civil Penalty Payments EAstere Region” pages You must hen gomplete the requested information and eli “submit” Pak by credit cad Alfred R. Johnson, Jr. Regional Counsel By: _ ath L- Vaughan tome; cee: AFS-T60/~230(a)/230(bY~FSDO!~20 4 Coceplonrrt — —— Aduinisteetor @ US. Department Easter Region + Aviation Plaza of Trenspotation Regional Counsel Joma, NY T1436 Telephone: 718 652.3285 Federal Aviation oni, 718008 5698 ‘Adminstration repel Eft ss, con ED MAUL - RET sCEIPT REY ‘AND FIRST CLASS MAI Isnac Rosa Docket No.2014EA 150080 ORDER OF ASSESSMENT On March 3, 2015, you were advised through a Notice of Proposed Assessment that the FAA proposed (0 assess a civil ponafty in the amount of $2,200.00. ‘After a consideration of all the available information, it has been deleemined that: 1, On of about September 17, 2014, you operated an Unmarined Aircraft System (hereinafter “the aircraft”), on a flight in the-vicinity of 250 Central Avenue, Brooklyn, New York (hereinafter “the flight’) ‘The flight was conducted in New York Class B airspace 3. You opefuted the aircraft into New York Class B.aitspace without receiving an Ait Traffic Contro! (ATC) clearance ‘from the. ATC facility having jucsdiction for that area. 4. White in Class B airspace, you operated the sireraft neara New York City Police Department Agusia AII9 Koala helicopter, identifieation number NGISPD (hereinafter the “helicopler") at an unsafe distance, 5, Specifically, you operated the aiferaft upprotimately: $0, fait laterally from the helicopter at an alttade Of approximately 750 feet. (6. There were af least two crewmembers aboard the helicopter. 4. Atthe time ofthe flight, the helicopter erewmembers were conducting @ search palrol for a missing person in the ates. APPEAL You may appeal fyqn,this order within 20 days from the date its served, which is ‘eae _ by filing @ Notice of Appeal with the Case Manager, Office of Administrative Law Judges, Netional Transporation Safety Board, 490 L'Enfant Plaza East, SW, Washington, DC 20594 (telephone (800) 854-8758 or (202) 314-6150; FAX (202) 314-6158). ‘The National Transportation Safety Board's (NTSB's) Rules of Practice in Air Safety Proceedings, 49 CER. part 821, would apply to such an appeal and arc- available through the NTSB's website at hupyhwnv.atsb.cowleeal/ali. An original and three (3) copies of your notice of appeal mist be fited with the Board. In the event you appeal, a copy of your notice of eppeal must also be sent to the FAA altorney at the address indicated in the Order. Filing a timely notice of appeat will stay the effectiveness of the Oder during the proceedings before the NTSB. If you appeal to the NTSB, a copy’of this Order \will be filed with the NTSB and will serve as the Administrator's cariplaint in this proceed @ U.S. Department Eastern Region 1 Aviation Plaza. of Transportation Regional Counsel Jamaica, NY 11434 jaro tas Federal ation Ee ea Peering MAR 20 20 FED! EXPRES IGHT,_CE IED. REQUESTED & FIRST CLASS MA\ biddowsky, Docket No. 2013EA110072 NOTICE OF PROPOSED ASSESSMENT TAKE NOTICE, that this office has received an investigative report from which it appears that you violated the Federal Aviation Regulations by reason of the following: y 2) 3) 4 5) 8 n On of about September $0, 2013, you operated an alreraft, a Dul Phantom (hereinafter “the aircraft’). The aircraft desctibed above is an unmanned aircraft system. ‘You operated the aircraft described above on a fight over Midtowit Manhattan, New York City, New York (hereinafter “the fight”) ‘Specifically, the aifcraft took off in the vicinity of East 38” Street between Third ‘Avenue and Lexington Avenue. uring the flight described above, while you were operating the aircraft, the aircraft was not flown within visual ine of sight of you During the flight described above, you operated the alrcraft within-a Class B airspace area without having received an ATC clearance fromthe ATC facility having jurisdiction for that area before operating an aifcraft in that area, During the fight descrited above, your operation ofthe aircraft endangered the safety of the national alspace system. 8) During the fight described above, you operated the alroraft in @ careless or reckless manner so as to endanger the life-or property of nother in that the aircraft (@) Colided more than once with a building located in the vicinity of East 40" Streel between Third Avenue and Lexington Avenue (b) Collded with another building i the vicinity of East 44" Street and Park’ Avenue; (6) Crashed to the ground on oF tear a public sidewalk in the vicinity of East 41® Street between Madison Avenue and Park Avenue; (@) Crash landed approximately 20 feet ftom a person on the ground, By reason of the foregoing, you violated the following section(s) of the Federal Aviation. Regulations: 41) Section 91.13(@), which states that no person may opetale an aioraft in 6 careless or reckless manner 80 as to endanger the life or property of anotier. 2) Section 91.131(a)(4), which states that no person may operate’ an altcraft within @ Class B airspace area except in compliance with §91.128 and the following rules: The operator must receive an ATC clearance from the ATC facity having jurisdiction for that area before operating an aircraft in tht area. In accordance’with 49 U.S.C. $§46301(a)(1) and (d)(2), you are subject to a civil penalty fiot to exceed $1,100 for each violation of the regulations. By reason of the foregoing facts and circumstances, we propose to assess a cil penalty in the amount of $2,200, Enclosed is information concerning your options in responding to:this Notice. The options include participation in an informal conference with an FAA attomey and submission of information to the FAA for consideration. You must submit in writing your choice of the alternatives explained on the enclosed information form, on or before 15 days after you. receive this Notice. if you fail to submit your choite within that time, you will have no further right to participate in the two informal procedures listed above and an Order of ‘Assessment will be issued as proposed. Alfred R. Johnson, Jt Regional Counsel By: Chistian nz Attomay Enclosure Pilots Bill of Rights Notification Information Sheet ‘Option Selection Farm ‘Informal Conference Location List 6c: AFS-760/AEA-230(a)/11-FSD0 US. oepaent fasten Reon ‘saten Pa Trg Feral Gove! Jamain WY 454 Fa jee eda aon a cues at prrevrex@iagor cette i han - Revurn ReceieT REQUESTED David Docket No: 201964110072 QRDER OF ASSESSMENT ‘On March 20, 2014, you were advised through @ Nolise of Proposed Assessment that the FAA proposed to assess a civil penally in the amount of $2,200, After consideration of all the. avaliable information, Including the Information you [presented at the informal conference held on April 3, 2014, and the information you ‘submitted on April 7, 2014, it appears that: 1) 2) 3) 4 5 8) On of about September 30, 2013, you operated.an ateratl, 8 Dul Phantom (hereinafter “the aircraft). “The sircraft described above is an unmanned aircraft system. You operated the aircraft described above on a fight over Midtown Manhattan, New York City, New York (hereinatter “the fight). Specifically, the aircraft took off in the vicinty of East 38" Steet between Third ‘Avenue and Lexington Avenue. During the fight described above, while you were operating the aircraft, the aircraft was nat flown within visual line of sight of you. During the fight described above, you"operated the aircrat within a Class 8 ‘airspace area without having received an ATC clearance from the ATC facility having jurisdietion for that. area before operating aa aircraft in that area. ‘During the fight described above, your operation ofthe eireraft endangered the ‘safety of the national airspace system. '8) During the tight described above, you operated the aicrat in @ careless. or Teckless manner 80 as fo endanger the life or property of another in that the alecraft: (@) Colided more than once with a building looated in the-vcinity of East 40" Street between Third Avenue arid Lexington Avene {0} Collied with another bulking in the vicinity of East 41" Stiéetand Park Avenue: (©) Crashed to the ground on or near @ public sidewalk inthe vicinity of Easi41* Street between Madison Avenue and Park Avenue; (@) Crash landed approximately 26 feet from a person on the ground By reason of the foregoing, you violated the folioming section(s) of the Federal Aviation Regulations: 4) Section 91.13(@), which slates thal no person, may operala:an aicrlt in a Careless or reckless manner so as to endaniger the life or propety of another. 2) Section 91.131{2)(1), which states thet no person may operate ari lteraft within a Class 8 airspace azea except in compliance with §91.129"and the following rules: The operator must recelve an ATC clearante from the: ATC. facility having jurisdiction for that area. before operating an atraft in that area. NOW THEREFORE, IT IS ORDERED, pursuant to-49 U.S.C. §§46901(@X1) and (82). that you be and hereby are assessed a cil penalty in the amount of $400. (On May 1, 2014, this office racelved @ check from you i the amount of $400. As a result {ull payment of the compromised civd penalty emount has beers made, end you may ‘consier the matiar closed: Alfred R. Johnson, Je, Regional Counsel By istian L. Lewerena_-)-————~ Attomey co: AFS-6/AEA-230(a)'11-FSD0 US Gepormert tes ee tit ot ee tf toneccien cae ee ‘station Sse ene glen ae dis, a, RE: Damina Diaard, Case No, 2015EA270030 ‘NOTICE OF PROPOSED CIVIL PENALTY Base on the following ft ad eiteurstanices, it appar that you volte the regulations ofthe Federal Aviation Administration: 1. Gn o¢ abou. March 25,2015, you operated an’ UnimnnAiea Syston theweinafier “the aircraft’), on a flight in the vicinity of Pold Fields In West Potomac Pack SW (hocnuficr ie fig) Washingion, OC. 2. During the fight you operated the sire within the Weshingos, D.C. Metopotiza, Arce Spovial Fight Rulzs Area (OC SFRA} dd Washligion. ‘D.C. Metvopolitan Arca Flight Restriction Zone (DC FZ), A. The DC SRA isan area of sirspace ower the surface of the uit where the rey identticaion. tacaion, and eouisol of area is reqnird i the ices ‘of national secur 4A. Sporitically, the DC SFA. ts tat sirspiee: fiom the surfage to. Bul mot ‘eluding, FL 180, within a 30-mile radius of lide, 38° 51° 34°, lode TPO Ti" W.orthe DCA VOR/DME. 45. During the Dight, Yow filed x comply wh tie ype instrationseontined ia Subpan ¥ of 14 CER. Par 93 and all special insti ised by the FAA inahe ileres of otiona suit. 6 Specificals: during the Might oi operated th azerat within dhe Washington, D.C. Moopotiias Aven. Spisiol Fight Rules’ Awex (OC SFRAD ad Washingion, D.C. Meiropaliten Awa Flight Restrieed Zone (DC. FRZ) without eosnplying whi the rections Have in Subpart V of 4 CFR. Pik D3 and the special instructions issued by the FAA in the interest of mon security. 2. Speciale opting he gt you lad un nse ta he era pec were operating it ti lining! (1) The aia is, eglbped wit 9° parle wo-way aio capable of comming wih Ae Tre Com 9 Prope aio Uoquences, (23efore operating an sian Ox DC SER. aren te DC FRE te let caablshestwo-ssy ao commarictios 4b are opepiae Air ral Cont eli an mans sch cemmusiions Siar peraing te sri othe DC SPRA. fring the DC FES (3) The ‘Sree is equpyad wih an operating automa aud eporing transponder diy Sefoe opting at erat i the DC SFRA nding thy BC FR (ilo abi ad rare ise sponser wl os Ai Talc Cone aah ara’ imnponder conics co tran the asi! code ile Sperang wiio be BC SFRA; (5) For VER options the pilot must le nutiate a DC FRZ of DC SERA Agi pony big ade Te ight plan is closed wor landing a wn spp Within de DC SFRA ce ‘Thon the erat exits Oe OC SFRA and (6) Before oprasing he seta ites anor, or vongh the Washington. DC Trea las B Airspade Ae, the ples eccwes & pec Ait Tralic Coatrl clemance 19“optate In the Class Be sfspuce ane. or he Might you wena opal. lw enforeeen Sr mengney inesieal serail, 9. rhe Bh, yo ote athorzaion wo enertbe SETA DC PRL, 10. vunher, ding the fight you operate ce air ihn ts Westington. DC Cra 8 crspoce wheat having received an Air Tec Contol (ATC) ‘temas from thezneropriate ATC telly porto Operating tReet i Ut VW. Weshingion, DC Clase Bapace is eontlsd fy Feder Aviation Adminliieaion ATC. 12, Soseifealy. you didnot eeeive ‘Washingion.DC Chas B nips ae, earanee from ATC to operate ‘in the 15, Your operation ofthe sirerft endangered ite national sespac ste in oe Joc opented ‘he ala ithe SFRA. FRY, and Clas apace without 3 ‘ir Trafic Conta clearance, ‘d.ty reason of il ofthe above. you operated the diet th careless of ee vloss manner so as10 endanger the life or property oF another, iy teanin azihe fore FederaAvistion Rew atone ets tt you is x0 Gop wi flossing fa) ACR. SB}. hich ates thn pean my oni ra i aaeetosesiless mane so sto endanger Hi Teo property af another (by CER, § SLAIN wich tas porsin maopite on ie win eas H skapmce area exept in. conupliaes wih 91.129 ae flowing Sos (i) The operator must escive an ATC eleanor frm the ATC Tithing joo fe a area before peti sn fai th ae fe CER. § 92397 wtih does tat pit coring ag. of petaion inthe DCSFRA nat comply wih he eestrtions Fst in th Tope and al special isrosions ial by the PAA i ie ineest of ufone eeu. Thos epes‘lisroctions maybe sued ig any manne the AA vensiders appropri, ielding teompl with eof the applicable requirements of this chapter. (2) CER. $93.30, whch ses thal este a prod ipa tind (6) oF Init suction ad in §93:345, oF amless ahrized by Akt Trafic ill sy oper anaerobic o sry cil ef oe pabli air he DC SFRAfneiing ie DC ERZ, sar) es islet ‘uth an operable worl eapeble ‘Teorsnuaicaing sth Alc Tate Cent on appropriate rato sacs, {Gy Botone operating an Gira ia vo DC SFRA, inching the DG FZ, the pilot estabishss sve-ney eadio coamuniaions with the Air Trae Carol sty and ins sch comin wil operating Ay air in hs DC SFRA. inciting the DC FR: G) The sirealt fcuiped witk an-opiraing summa stud reporting trnapendee, ‘Before operating an area ie LC SFRA, Inching Woe DC FRZ, the Filo ring und wna # seat wasps cok tha Ait roie Convsl ait the aera imapoader eominuss 49 Una e asi ‘ode wile cporaling within tbe DC SFI, (3) For VFR operons: the pilot (ant Ricans exesea DC RZ or DC SFRA Might ey obsaining eer taaponder coke i Mgt plea ios pon dig sip Sotho DC SRA or wk the eal exix he DC SERA: (6) Bere ‘prune sin ns, ok ofa hog th Nrasington- DC TenAsey Shae Atrapmce sets he pilot ruscvet © specie Ais Trae Conte ipo Ip ie Cass irpace eet: owl (7 Bator operating id of, a ahah Case 1 espace aca hat thin Ue i cog wth $91,129 AF is chal ursnan 1 491;S.C $46RC1 (0:5) you ae ube jou ell pena gf exteed dea forcadh .olatenor the Palen Aviation Reguiutons, Ateteviing all of dteiatormuteo contest ir eucazeniglve lee progos to axes el pestis the amnont nf 1 100. loc is infermucn on sar onions in renpnding a is Navies, Theoplons Fede pnizigaing a ichna spf tra EAS ome and gE tre as Fas x sunharatie Yoscualn ng Yoursoke oF saraeanee xpi bn heeled natin fora 30 das of esiving Seo abit your choice within 30 dap of your eeip € hit loi, you wil hake to cr gh hrpackspae tenon procures L. Vaughan OMe of the Chief Please dint aficomaraniestionsta: Attorney 40 'Pigza, daniale, Nest ‘Cotinsel Enforcemert Division Northeast Teen ‘York 11434, telophans (78350-3258, x 718) 9958689, over Lynch Assign Chief Counsél for Fnforcenent © Federal Avision Aunt 1 Aviadoa Mla Taniaiea; New York 11434 email: judiii-vanghandgehingos ‘Felepine: (718) 589-3285 (mia) E71) 355-3255 (ceed (718) 995-5609 (end sso on Repl For fenelogures: tafonecs Ss lgard 13 CF. part 13, subpart FAA Haga ots Ca e 8 Sovran natn coco en ois Feo St fee en SETS tenon FEDEI and FIRST-CLASS MAI ‘September 11,2018 " i is Deze AR: Dann Dizard Case No 2004270080 AMENDED NOTICE OF PROPOSED ASSESS rhe Nove i Psp Asssanent atl Aust 19,2018 shy ad we ells aed areate fllessing feta an ireumstanees appears a 0 Vike the regains of Che Federal Aviation Administratio 1k Mah 28. 2018, sow operate an Unmanned Aira Satan (the Sn inthe viii of the poli feds Haeaad nr West Peto Pat ring the flight. operat he sre shin the Washington. DC Atepain ‘Sten Special Flight Roles Area (DC SFRAY, ‘he DK” SFIEA isa ane airspace over the sung of Ue ch whore Ube rly iaealteaten, tation. aod conga af ical trai in Ue tenons watt see. ally, dé BC SERA is tha sirspace, from the surse to. ba et nceing F- Teo wha a emite rads of aide 38° S1° 34° Ny longivade 77°08: 11" Wer the DCA VOR/DME 5,, West Potimae Pik. 8 tis iti fhe DC SRA. tu Ding the High yo 40 col ih he spect fastens cai ateet Ya HY CR, Pat 93 a lspci nsttons sa A Oy FAY ine foveret of atin ee “1 Speuitsp. doing th igh you pai the srr within tbe Wasa: Sitio. area Speci Fight Mules ARDC SFRAD aia Washington, Stewbuthon Aven Flight fesbita Zane (OC FR) thou ebmptiag sh he sevens se Sip Y of 14 CE. Pat 4B at sel sets sed by the FAA tte Inert national security. ‘8. Specially. wi perating te Mig, you fi onset heer $00 Wo parang mete etlosog (1) Thy ata eqs whan oprable hoes see cable of cominuniaing wi Ap Traffic Control oa appropte, Elid Paynes: (2) Before apring an irl the AC SFA. inching the DE FR Ae ibtestablhes say aio communications with dhe apnengete Air Trafic Conbul filty and mainains sh eommnienions white operating. real fp SIA, inching the OC FIZ: (3) The areal is equippe wih an operating: tonal aus reporting transponder (4) Bene peating an ierof ihe OC SSPRA,inctiding the DC FR the pt obtains ad wos a dst aspen cand theta’ trainer coms ota he signed ende whe opiry © SERAE (8) Ft VER operations. he ilnt “het fi enn setivate a DC FRZ of DC SFRA ight plan fy ebtining 9 sete Tanspomtor co. Te Might glam eos upon tng at ior it DC SUR prs he ier existe DC SERA (0 Before opting a seta et sta or uhrogl the Washington. DC TrivAeea Cs 1 Airspace Ars Ue pt Gist apuclie Air Trac Conus eearaice © epennte in dhe Clas B sespce Shea. and (7) leforeoperming thesia Hino. ou of o¢ throug Clas D alte: Shum th fs within hz DC SERA. the jot cammpliss wth $91.129 ofthe Feder ‘Aviation Regalaln, 9, Forte Night. you did nt have amtherzaion to enter the SERA. 10, Daring the ht, yor erate the gtr ihn the Washington, Ose, Metopain Restrited Zone (DFR, Hethe BC FR isan aex boon bya ine Begining tthe Washiqpn VORDAIE (OCA) 311% ranial 6 15 rsutical wiles (NM Cat. 38° 59° MON, Lang, 77? 18° 30" Wathen clockwise along the DCA 15 nautical mile af s0 ie JIC OA" rail ak 13 {Lat 39° 06" 28” N., Sang, 077° OF" 32° Wr: thest _sivuthiea 8 fe rin 8 TOMER GH" mail at NM (at. 39°02" 18° NG Lang. O76 30°38" tenes Sri ea le dan to the DCA O68 radi of 13 NM (Lal, IP SF OY Lane. 076" 48° 32° Wr thened clockwise along the 13 NM ‘are tovthe DCA 276° racial itt Tp NM (ha 38° 50" 35. Loiny O77" 18-48-W., thence noche he point of beginning. excluding the airspace within a ‘one nautical mile rags of the Freeway “Airpod. WOD. Mixcellsille. MD from the surfGee up but et ‘nelying Diglu fvel e 180. ‘The DC FRZ is within and part of the Washingwn. OG -Metopeiran “rea FRA. 12, West Potomae ak, SW. fa wtin the DC FRA. vt did tt opsrte within tie BC FIRE aera PAATTSSS 13. Qyeing the ight. suszation. cures dang the yh yo oper he eal in the ST be Chis Hr ut ving eco a A Trl Cnat (APC) lane ho tbs aerate AFC tay pir opting he wireat in Hane 15: West Page Pr SW wii th Wesel Balas 46, Washinginn, DC Cass sespace is eo by Fer Aviation Admsiniait Arc respeiteaty. you dd mt sce cane Tom NTC 9 oe Be Wang. 1D Clas B space a. 1, Year opera of the antag cates oF eles i cardaag the tie oF ‘hapa air i hat yo peat he ier i ie SP FA, FIZ ad Class 8 Sheace wiht an Air Traifie Control clesranes vosby es a aloe e.g eal he ee SES Pe nc a avo ndange the ile or property of ether awards of the Goreguing: Wappen hat yu Sfmt: oy CFAR. § OL 13H), hich state that a PERN pate cin tat a 18 CE eines as anger th ier pment feet vr within Class wing ride (1) TH ing jurist ter GHAR. $91.15}R wieetones wo pers may ope JBatpace ane cept eunpance wih $91.129 a te Caer met meine am AT sioner te AT: Ei ee that ara bene pera a rena i at ea. te) MCABR. £93337. wih tes tht aie coating oS type or ihn aerainn He PAC SERA snah comply sid wetsions Inte this sp ‘a all speck structions isxucd By the EAA is ihe invenos of madamal security: Thess Sposa sitions may Deis br wn wre "FAA eousides npr. eee NOTAM, addons tastes hal of appliable ayuieets ofthis apes dy WCE $92.39 wie tts tens sid 6 a al 995.5 or nest arr by Ait eae Cn vo iat may oral act nding on alight sei oan esl NE aa a SS AERA, lig the CFU} nes — (1 Ts haope two-way ids ca of cence ‘vide Rie ue pit ao ete 2 Dts opera a HEED a ty te DC EZ the lt es wt, ta Sr ii prin Ni acne lg 0 sn sora eprint ea the DC. SERA. sh 6 ea fi up wih asain me lS PIT rr a te epomng sin he DC SERA, ishing ne a. he pile obns bd waste dees tnsponder cde fom Alt Tall Cease oed te scrafs aeponde ones ros he ges eo we seein he DC SPRA: (3) For VER epeatlons, ibe pilot mus fle abd Srisae's DC FRU or DC SFRA fig pln by oblning a domme waipander aie gh plan closed upon lading wan airport within dh DC. SERA ‘748 996-5699 Tactical Digital Oor Page Wot OF O15 ‘hose oP 49 US. Seeiin A0102(6\6)%, Complain angie hl Réspardee was operating vic orsonvanc dso (origin tbc ond, terete, subject 6 Couplia's regulatory hori The eri, “conve” Is sein the 49 US Section AOI CHKO) intone, whereas Par, Seaton 1.1. defies avr” ax devi’ ser, ‘coms ane basically syoqywions as but refer to un ppt nnd ws foe yh (vis mgued Complainant ha, rider eter etiitgn of the arm aia he deft, Fives within ts scope model airra. Tht goes however, contradic nat ‘Couplione FNA tas, heaton, discriminated inhi nterpretaon/eppllenton of Ung etinitions. Couplbinnat bs, itv, nthe pic wees, mites tare arr" peeing the word “ode, 0 dstngush the evieteamuvance being donde: yoshi ‘word model” “rsa ihe esas nforenge that Canpinass PAA inte to itingvth at explode model stl fom sib or bib of dnc dasotat ars “Fo scept Compinemn' infers meinen woul ea os pichsion atiiose fits include a ea vera al types of deyiveveansivances nent ft or ws for, fightin ‘hess, Theestension af ht conch woud then wen i the sie gmat hi inthe ‘iro. ads a pager altrt ru ny basa wood ie, ould ufc she operate reiaony provisions of FAA Pat 9, Section 91.150). Cesupintconein tata model srr isan ‘rea os defied incr the stauatary or regulatory defo is dminisied on cbcvaton at FAA hntrlly sot required wide! sizer opertors to counply wlth equireints of FAR Part 2), Sexton 21171 st seq acd FAL Path a7, Seton 473, which requ: Alworthlns vid Region Cation ix russe, The easoble nero sna that FAA has ovedond he egleneny, bt atte that FAA as dstinguitbes mode sient a clas eel fin the teyaltry ao any T49 U.8.0. Section 40102 (a) (6): Airezott moana any contcivonse invented, ued, ox designed to navigate or fly in the ale SWeoater's Rew Dictionezy of Synonyms, “contrivance” mt “device” at 236. Roget's Thesaurus 4 Ee. At 248.2 Tee HaeB6 2014 ISHESUI6 Vin Pex + 718 996 Sé99 Tactical Digital Cor Pome 0S OF B15, ‘White Complainant seein bis Surely Eel that he ic mot sakng herein tw eforse EAA Poi Stteneme/Nees sneering made aea prod, x considiton 6 bse icy sions afore? Complain FAA evn Adviory Chula (AC) AC 9157, ned "Mal Aisa ‘Qpsatin Stars sig he pps as. nena etry cman witha standards for model alreraftopeors.. Thus Complican FAA feast an AC urging mote céveraf operators fo valu comply with ether ltd "Satay Stas nso: ‘wth he gunent ht el ata operas, by applston of Ue sna and eget <éefision, “sir” wee slansoulysbjoetn manny crops wi he PARS and wlbjet to FAR regulatory sofort “That FAA has not dered every device se fr ght in ih wo be wine FAR Re 1, Soctio :1 doin, et sect ta provisians of Pax 9T FARe, tated on contidesfon ofthe FAA regulatory tsatment of Uittighs ‘An Unmligh, » dove ed for ght the Is noverbtssgoveined bai provisions ‘of Par 08 FAR, and whereupon meeting the era stad in Section 103.1 iene eo 09 “irra bat ew “Utah Viol subject oly othe parler egultony poisons of Pa 103, FARS, {nie coelded that 05 Complain: as no ssutd mn eorceahle PAR vgs ne overage sett option, bas hitoricalytxempled model nial fron han FARE defeions of icra” by regain weds tera operas io vohatnry copie wh vida expressd I AC ST, Reggae’ ode! recat operon was ota FAR, requaion nd enforcement ‘As previ boted Copan his ast in this igon, bois sn enforce FAA UAS policy; bows, th Complex sss thatthe "reat" being oped BY Respondcut*s Unman iteraf Sytein(UAS), Since he aio UA dee appari the FAs, it isnecrsery to evatsoe the PAA ple forthe ole fe le mposng regulatory authori conceraiag UAS operations: T Gea Policy Notices axe addressed subsenuentss 3 Retachment 3, Advkcory Cizculer, AC 91-54 2 yg. at Paragraph 3. 4 Tiny BG 2014 15:96:20 Via Pax “218-995 S685 Tact cnt Diyital Tar Fege 626 OF BIS EAA isaited of Sopisinber 16, 2005, Memorandum AES-400 JAS Fatiey 05-01 (Poliey:05- 1) which was avbeeguely cael vis, nd re-do Arc 13,2008 a item Operational Approval Gridance 08-91 (Chidamoe 08-019." ‘Te stated pucpose of thowe: “Meanoronda west este puldanée, pot to ths general pubic, bil itor es ileril guile tobe wed by the appopiae TAA paso Signy, bth Memon yeah iy regulatory authority ofthc expressed paicy. tating ronpectvey tha, this policy i mt van ms _sibttuts foc mi regilatry proves"! Aspley salem of a gsiey te not ~aside Gon te fe ta te ida poicy therein expressed ls stad as. for inemal FAA use —binding upon the gesera publie™, and any egulnony eff i clined these Policy Memo ano be, a ar, oun establishing 0 valid. rue for classitying a mpode! aircraft ws an UAS. or as fumishing bak for ‘assartion of FAR regulatory authacity vis & vis motel afverall-operations, ‘Oe Febauary 13,2007, PAA Notice 07-01 was published in the Federal Register wih te ‘stared putrpose/tetion of serving as “Nodice of Policy; opporusnity for feedbock: ‘Under the ‘Section captioned “Policy Starcanert”, its state tha for un UAS to operate fn dhe National ‘Airspace System (NAS), plc uuhorty (require, and tha petit he, St ean te authority sa spec avers ates, Texcides fam tat requirement mers" ~ tesreationelspor ues ai operauoalsfy wis ied a AC SUS Gather provides ht wen he reel aera used for "bsiness purpess"*— AC 91-57 aot pli 8 by sc see el steal seed an AS reiting Ses rinse Wqeete: Unmanned Alicract Sysceiy Operations 1h the: 0.8) iational Airspace Systex ~ Interie, Operational Approval guidance. S"picle: Unnenned Aivecake Syacong operatlons ts ch6 U.S. Hationel Airepace system. poasey 05-01 ax 12 Geidanga 98-02 at 2. 4 pulley 05-01 az i: Guidance 02-02 at 2,3. % Syncer Int?d Sgep. v. Shalsla, 566.36, 582, 995 (5 Cir. 1895) 8 52 Fed. Reg 6669 (2087) - : 1 Ta at 6690 (2007), Policy Statenant “butinesa” ts mob dedined, go it is unclear ifthe tern 12 linited ta ongoing srrarprises held out to the generel public, or 1f 4b includes a one: operation for any fore of anount of conpensabion: fior 06 2014 18:96064 Vie Fox “AG 995 $699 Tactical Digital Cor Pay 8? OF 015 ening?” twa ith toton fai oF ACSTST ON high oe oe, vars canon i ntl a woes ania dost BEANS sve Code ad sbjett Pat 0 FAR regulation. res 0. xt test insti etoetTaib cone FAA TSS Beas. ston anoint era Be Sn “poiey Statement spel dae tse of poi, tent bs consid as ora ease se cose ns ply tte general pub, re Note 7-9 pe ine Fale Ries een aed wn Neo ety ho and uri bcos giao NES ew, nandory request oquing ple cooponer Noveco 7 dx ent vere tected elena AS oxide Nai tg eet RA nid iS a ul, ti ot sist te werent ofS US.C, Seton S550 bie elena of sae otis thn 39 yd ctv? Astncowns beng tea one 6,207 bd ibd eNotes fy Pde 1200, a etree + eae tat von compro tie eegains io ti Calin Be SS put fora nae Paley Suomen Seton of Noon 07-0 it te lean made a Compt ‘ersaaph 25, a ra fh Poley Notes provisions. Tt foe cots Compas seria tat lly Novie070) phys co yarns gain. “Tase legal fie ey anniek he st it de ea eres ne aR Pat Sec 1. inn, gl hoes to Pat 1 AR retin, ‘fs was emery atiege asta Parga ota ~ ight sor exipelndpytint wl pps oe TO Te orp of re-lising Rotella. UAS wine teonolgy oC Novee orn —_—— 9g Fed. Rag. 6690, (2007) « 1 72 Fae eoceton 959 ~ Ratensking, the oxcape so cated in gectsoa 963 (a) axe.not applicable, paxstoul ety Sxcupeion (2 « Bethat Hotiee O7-02 devs nee saceraees, existing rule OF getisy, seacarene ~ ib A 8 tenent of eazzent ecLiey., por icy. stMmuneatt s theory, Respondent could 5° charged dexeotty ae ppereving an *aixorate” contrary a the provisions of Section tins 86 2014 16355:57 Vin Fax > "718 998 $699 Tectical Digital Cor Page 880 OF O15 Cores enact the FAA Mademzaon Resin an Refi at of 20122012 Ac) nd thet adressen Subtle Unmanned Ate Sytin?* Thsginianyotes ‘eevee a isu ins however, he Magus of povisos of 2012 Actis insta “The 2012 Ant ques FAA, rang he Sey of Trpotato, to develop pla inigraos of civil UAS fat the NAS, spent the pln goin ecommendtins fx releanaking to efi seouptable standards for operation ond certification of ei fl UAS* The 2012 Acs Further nthe SubctoaRofoushigs pss date Tor polation of (1) af ican sll VAS..." to peri Ch opera the NAS ‘he 2012 Act also const plod song habs Adasty,FA, ny ot prom ai a oF agulon ering roodel ert” where Ce del aie stisthe eased ein? Wis eels inference at his lenge sows hal atthe ine fcc of ho 012 Aho lpi swes of i view thee were wn efetive les or reunions repulatig vedere oper, sin rte han lng fo enseuent of eh 2012 At sk ae colle or tonto ‘eps amend or mdi the exiting rule oregon, nd nok ci de foc ismanesu fiat a ‘nd bat: 1. Neierite Pt, Seton. he 49 USC Section 4O102(A(0 dion of sical applerble to, ent mal sical tin thi espn detintion 2. Mae sea open by Rospoadent ws sibjeconly othe FAA's aque ‘ory couple wi in Safe Odin td in AC I-57, —— 91,7348). Companaarion/payment covld arguably thes bs a factor for resolving: 1s poration’ sppeopsiete genction/eevarity of = civil penatty. puphic baw 112-95, 126 stac. 72 (Kebeuary 14, 2012). # qq at Section 332 ta) (1) (2) (2) tot 1 2 34 at Section 232(b), Rulensking. ta ue Section 332(0). 3 secepcdng Conplainanc’s overteaciiing intexpeerarion af rhe efinstion “aizoraft”, would resnlt redugtio aé bai i assertion of FAR regulatory auchority ever any device/obyict sed ex capable of flight in the aie, regardlees of wathed of, propulsion cx duresion of flight, for 26.2016 1S'S718 YieFex > “748 955 5099 Toctical Digital Dor Foxe B89 OF £35 ‘Asai Neves 05 an 08-01 wars ended or én guano ie tava poxoane they ar at fretinal bis for exting Patt 91 FAR enforctmeut bony on mode ra operons, 4, oi Note 7-0 aes novesablih ison hsis fr aseing P91, ‘Seetion.13() eneesron on Responses nd aif operation maha Noe 1s cli sites, a Polity Noire and ce voninaing. (8) aval itr of egiativecaliaking, which fl fr nor cones wth ere ‘fSUS.. Sesion 353, Kolemaking. ‘5. Spestaly, dnt we tine of Respondents ose! traf epeilon a aged shy i wat no enforce FAA ror FAR Regul apliese tinder ot forcatyng made eral eam JAS? ‘Upoi ndings and couchionsreashed, Told hat Respondent's Manto Diels anus be ARFLRMED, TIS ORDERED THAT, 1, Resgeaden's lion fo Diss be, dere ss GRANTED, 2 Complains Order of Assctméal be nd hei’ VACATED AID SET ASIDE: 2, Thisproceeding be: nd is. TERMINATED WHTIL PREIUDICE ENTERED thls 6* ay of March 2014, at Daves, Colored. ERTIES. hoa . JUDGE: Ton the Fan's decades Long holding out ta angel, alreratt operators/piblic thet the only’ Fas ‘policy ceparding mode aircraft. operations was the requested voluntary: compliance ith secretes guidelines of AG 51-57, 2¢ would Likely tequsce for assertion of a Rule or FAR authority concorning model, airczade aaa thar tor the FAA to undertake rulgraking #3 reguized by S Greet Goctson $83 Rolemaking. Adasks Peofeseiona) Munthe HSsGjablen, Toss 1 Pederal fvineton Banintsteezigny 177 6-20 SBSTEe are. aao0y, Shall offshore, tan. ve SaUPLEE, 750 7-34 22 (S Chr. 2092). Ip Light of the decision. roach=e herein, other fsaues raised: aed orgunone made nae rot be, ans ere NE, aedeesends thax 05 2004 15157122 Vie Pex > “ran 995 5699 Tactce) Digital Car Ras 618 OF G15 APPEAL (DISPOSITIOI 01 Any party to this proceeding may appeal tis order by Hina a wie notice of ‘appeal within 10 days afer the dale ‘on which itwas served (he service date appears aor ede) cial nd 3 bis the coli of angel b= flag wth the: National Transportation Safety Board Office of Administrative Law Judges 490 L'Enfent Plaza East. SW. Washington 0.0.205% A ‘Terepnone: (202) 314-6160 or (000) 854-8758 ‘Tat party must ls pari the apna by lng a an svpport of Ihe appsl ‘thin 20-days efter the dale of service of tis er, ‘Anoviginal and one copy ofthe. ‘bret rust be fled racy with the: ‘National Trensportation Sefely Board Office of General Counsel Room 6401 490 UEnfant Plaza East, SW, Washington, D.G. 20884 | Telenor: 202) 34-6000 FAX: (202) 314-6090 “Tn Boar may dais appeal on ‘ov mation, or the motion of anaher. pany, whan a party who has iof'a notice of appeal fis to perfect the appeal by fing & finely appeal brit. ‘Atrio a reply tothe appes! bef pny e fied hy any other pay tin 80-68 aftertnat party wes served with ihe appeat bral, Pe MetP be aaa gel win the Oflen of Ganoral Couns a Foor O40. s Coploe ofthe notice of appeal ana brats mus sis he gored “70 96 6698 TootionBigtal Cor Pose B11 OF BIE @ ATTACHMENT 1 ug Dope san aan 1 son a ener Fauna Cat Sones WY 1H Soir reat eseatatation teens ines ‘irnselion su 27 28 eo. EXPRESS. NEGKATERED MAL BETURN_RECEEL BISQUESIED.-AND ELECTRONIC MAIL, Raphael Pixs ‘posket No, 201264210009 con Apri 15,201, you were sind trough » Note of Propareé Assessmnt thatthe FA (ogoued to tssssa cv penalty nthe ermoun of $10,000, ‘ter ensideration of alse avai infomation, pests ts 11, On or about October 37, 2011, you were i pilot in Gonighind of & Ritewing, Zephye excl sider alert Inte vdny of he Unive oF Vii (GVA), Charest, 9, The air rofreneed shore itn Uarenned Alera System (UAS). 4. Ab ol tists relat ein you di ot peat 2 Feder -Avatiin isto pitt ‘ertifiente. ‘a, ‘the sreat efrencel above oouraned «camera monaed. onthe icra whieh sen re time video to you on tie grou. 5. You dpxatd the gh beeen above for compenitiod- 4 Specifically, you were being paid by Lewis ‘Commanications to-supply esse photogropts tnd vdeo of the UVA campus aa medic! canter 7. You datberately operited the above develo aire extemely ow eines Ove ‘chieles, buildings, peopl, stress, en structures: Nar 86 2014 15:52:46 Vie Fax 2 710-995 $699 Toctical Digital Cor Rowe O£2-0F O88 ‘Specifically, yal opected the above-described aiceral at alleides of approximately 10 (eet to approxinntely 400 feet over te Ualversity-of Vile in eitless of reckless ‘tenner 50 dso endanger he Tift or propery of enter 9. Fox exumple, vou diliertely operted tie sbove-dosribed sree tthe following smantex: 1. You opersted the alreraft ditely towards an individual staing on © UVA sidevilk causing the individual o tke nimetite evasive manowvers 0 sto aveld being trick by your area. ‘a You operated the sifraft hough o UVA ume contining mag vehicles, You operated thosaeeraft vader een, 4. You operated the aceraft below ioe top level ove a tre ined wala. . You operated the areal win approximately 19 feet ofa UVA suave: You Spero the elneraft tia approximately 50 fet of ilway tracks, & You opemted th aircraft within proximately 50-eet of aimeto individ. hh, You operated the sical with epproximuely 20 feet af @ UVA aetve srs ctnsifng uumerous pedestan nd ear. i You operated the alkerl within approximately 25 feet of numerous UVA builngs. J. You operated the sieraft on at lest thece dceasious undse 29 leveled podestriea svallavay und sbovosn nctive vet, |, You opernted the wrsrat directly towards » n00 story UVA bulldiog below rootop level aod mae abrupt climb io order to avo biting the bullet, 1. You operated the sircraft within appeoximtely 100 feet an active hetipodt at ova. 10.Addivonally, in a-cacoless or reckless ssannor so #10: endanyer Ue life oc propety of mothe, you opecsted the above-described alrcat2taltindes betwee 30 and 1900 fest AGL when you failed to tke preeaotions to preven collision bazneds wits other eirratt ‘hat ry lave been flying within the viciniy of your aleeran, 1J1.BY reason of the ebove, you operated am arcratl in « eaelées orreckluss manner ¥o 05 to ‘endanger the life oF propany of another. How 86 2814 15357157 Vin Fax 740 965 5099 Tactical Dig ftat Cor Paws 813 DF BIS iy seta of the fgsing, ou vated to flowing sions) of te Fae Avion Regulations: Seaton 91330) wich states tht no person nay pert an sea na cvelas seekless ander sp ast endanger ite x prope of enor [NOW THEREFORE, 1F 1S ORDERED, pursuant w 49 USC. 954650160) tt (OND) st MSBDUGNS), iat you bo and efby ar wsnot cil pete onan oF S10;00- ‘You my pay te pony sun by siting wc ct mary as BN wee Pe iadnisnualn’ to the Oice of Acsaunisg Avision Pn, Hes WY essa an ahe storoato, you nay pay Your cdl peualy. witha ert card vet the afore ro gy eletctcaliy iit the web ite at hplvadot gavin tn nd ek rar sca beh Ponally Payments” which vill being yon to fhe “PAA Cll Penalty Fae Bostern Region page You bist ton cmplte the reqeeste foformatio a0 ‘lice "submit” to pay by ered ard, ACHMENT 2 Speclictions| ‘MODEL: apy ‘MANUFACTURER: Rie Wing (itendngee cm) ISTRURUTOR: RiloWingRC TYPE: electric ylag wig SMALLEST ELYING AREA: footall eld IDEAL FOR: intermediate or advanced WINGSPARE: $6 in, WING ARTA: 1703 it RRADY-TO:FLY WEIGHT: Ibi Tox WING LOADING: 16 ox sa. PRICE:S130.00 CENTER-OF-GRAVITY:9 3/8" bck fon nose GEAR YSED fo: Sekine DUK, Onge (2) ReWingRC eel pet sereos 7 9H8 dre; Rte WingRC 120, Gene BSC (Heinesen, Tenis SP Bene (hebbyking.com) ntpuledas modslalrplantrew como coneduploss2012206(crise9 jpg? ‘718 995 $699 Tactical Digital Cor Page G14 OF 03S gras Nor 96 2016 15:58:18 Via Tex -} 718 995 $899 Tecticed Digital ax Rage OAS OF O15 ATTACHMENT 3 AG? Dave save 9, 1982 ADVISORY CIRCULAR buragraen OF 1eassroRTATHOR ; at A atin Swihjects —WODEL atReharr OPERATING staronuns Ly FUREOSE, mio adeicory efreular outlines; and encourages Veluntary coapliance With, ratory seandesds for eolal wiverede opsranors, 2, SAOKGROUND, Mazetees, gendeally, are eeneateed aber brfaty and do ext elec good Jolgouane wien ying nedel cfrerafe. Mayovar, aolel céyereft oun ar Cince posers hisrd to {Divecale elzereft dn flight end to persona'and property on the surface. Coaplienes, wich the following standart will help Feduge ‘a pocenctal €or that basard' etd cence ¢ geod netghber chviresndat wich atfected conmunttlos and elrapace users. 3: dpenuruic srasoen 4. fstece an operating site that 44 of suflissent distante thom soplated axean, The gelecton site slold be suiy fron uolae eansieive arcte weh os pucks, cchooks, Hoepleals, chuveheny ote; so aot operate nolel strerafe in phe protence of vyccratons wnesh the, atverate fe euccesaflly flight Eotted tnd proven adruneehy. eo aot fy notch stterade Migher thas AOD fect abors the Hurtten. non fiying sirecate within d eller of a5 eLzpere, pontty ti ALcpOre operacer, oF hen an oir traffic facility 1p Located. at the oirport, notify the contrat Cowar, or Light service cretion. 4s Ghee Tighe of tate, ond evoti flying fn the proxiatty atrexate. Use gbyervers to help Federal Avis Adainistation, —) x Comphinan, > Docker 217 * > } RAPHAEL PIRKER, } 2 espoedent ' a EIMION AND ORDER A Backer she Adina ofthe Federal Aion Aniston (FAA) pease desist ale of Adlsttve Law fe Pek G. Gehl Mare 6.2014, vin “Adiuilsfaer’s oer of eiéssmént again esponden “Theaséessvent ordre espe to: ay a el penn the noun of 10.00080 based ona won of CER B91 ie for —_——____—__ T Acony ofthe decisional oner is macbed. loge careless or reckless opefation of an unmanned -aivcrif.? The law judge’ sorder elated be enfant procteigagans spores, a found § 91.133} dd mat cpp. ‘respondent's whmanned aircraft because the device wits nat an “ifort” Tor purposes OF 3h reauleton. Forte ving eta reves te aj’ isin dando fox further proceedings. “The Administrator issued an assessment order, which served as the complaint i the underiying proceeding. on Jone 21, 2013. “The complaint nlleged respondent remotely pile an, canned rta—a Rite Zaphyr—in ris of manavers around the Univer oF ‘Vitti (UVA) campusn Charest, Vivian October, 2011, The compat silgetrexpondcat ogee the wnzoed ar al aides rng rom tenes fo10 et aboveground feve (AGL) —up to S00 fet AGL. Inc eon he ‘Administrator also asserted respondent operated the aircea, Hater alia “diaeetly towards mb. individ standing ona. sfecalk easing he vidual to tae immediate ease ancaversso a i avoid being sek byte cats "thrnagh a tunel eeflning moving chiles" “under rane" below tre top level over a ree lned way" wer a eevee pean wavy" a iain 100 Tet fa at ep.” Retponden atlegely contd ese mates 2 rt fights for onan. a he sie wes nui with camera ad epandent es being pa yf bil prs spat hoagraphs and video ofthe UVA eampusand mest eoner” ‘Restondent append th Aisa ord el sbsequeiy fed 2 moon © ia ha complain an tert a. The Administ contest sponte aon ee Tgemon 91.5(0) profits opeaton of a sreat na crces ress amr 9519 endanger tie fife property of mother.” he anager anit tn eg the pris. The ewes eso ender gated respondents pp. ‘Law Jug Dial Order “When respondént moved 10 dmiss the complaint, he argued the Federal Aviation ARepuitions (PAR)? whieh govern te operation of ster.” did na apply wo espondent’s itewng Zep tn separ respondent ged ie war "nde aA” et subject the rogunor pois apple "isa." Ate consterg he pai ‘wrinen sybsaissions of the ehotion, the in Judge concluded in big decisional ofder he Zephyr soa a"mote rr” ow § 91130) i ot apy Citing the FAA's 1981 ‘édviacty circu setting ferth “sey -suindainds” fr “model _aiteraft” operations (AC 91-57, dune 9. 198))2 4s woll «53.2007, policy notice have Judge explin he FAA hes dngished mode sea ak acs exci For regulatory wid stator define of te oo ea Twn erate by axing eo ‘model ta ‘sea he esa ference sa he Adar fen ditnguish a exchide mode itr” fom reget provisos apleale “eer -Aeceving the Adsnstrs psn ht expondens pra aia FTO ‘fithe FAR, the law jade reason, “worl anal nthe ie sept bo Might ine —_____— TYaCRR. §§1., ste 2 pribbeat sein gsi sis la A7F > po vation Amin, Umar Aer Opratn Neil Alspace Syste, Nice Te Av te 6689 (eh 13, 2007 (rai “FAA Nate OF) © ppesisional Onder at3. sie eg pape aiea ore ay aba nd ii cold sujet ert 0 pan St and] Seon 91.156)" -egliory provisions of {4 . Asus on Appeal “The Adinttorapess th joe's cre. and pest min ss, The ‘Adminizetor args the law judge exten dteriaing respondent's Zephyr #8 aR iver” wider 49 US.C.§ 4010260) and ICR. § 1, Theta comends ie sew le tran detain seen sre was et eio CLR. ETRY We vets a vemand for foto proezligs consti th his Opinion ant Orde 2 Decision ‘We review the lw je’ order denon In adan we apply reso eenzruton ‘trp sits andsegulatons? ifthe egunge of provision f cer and unrbignos on face th angunge coils; th ngnge i ambgnox oe te rows eres toa oter ito th amt inte a ‘A Defntion af “Ara” “ices rove rst aa est facta the Nations avian ton. nd umount ave ste ane reine ae mis a * Admliaars Dsan, TSB re, 6.3657 26 201) ARSE Adar TER sas OU) zc a SS ‘Order No. EA-3816 a2 a5 (1993) f NTSB Onler No, EA-3430 (1991), ‘Saoniaistatorv Shel, NTSB. 1550 (1972). *Scessnerlly xs (G16 F38 $66, 570 (M0) Cr, 2012), amend (MY 9 0125 (tating. “pe ste rakes of creaeeton spol to adilalve ues sales S20 ‘SGirwige, NTS Order No. BA-S41L 19-2 2008) Soe Robinson Shell lL Go. $19 US. 337. 40411997) 4 rm gle ofemeking aa te roe 1st Amand ins A chaste ote peoreng, haere done ates sis bent Be bes sien ha ped ane decisional oder on opens respond warned aa ern AS) 0 rorat e surpass of 91.10, Wich probit any “person” ra Meperaing| an area ina cose ox oesesensner 0 endanger ter pony of ether? ‘Weanower tt cetion inthe afimatve, 1. Pld deve “the diss’ ato oe viion safety Trg est a7 He “adits istry ei cq tops abeaS TWISTS. $ 40102{ax6) defines “ira” 8 “any contac invent, asd, designed toni of ny intheale” Simin 14 CPLR 1.1 defies ser” purposes ofthe FAR, ili 01.1, an%s devi that se orisha” “Theeaaions ox fearon ile, en if wert seep juss chance. efsespondent's rer allegedly ed at altiades up 1-00.61 ACT: Fer conersal pros 8 strat tn dfn on ec feo no excuse eesa ode area” ome ead f-eraft" Funhesoré. the dit ra’ ttn twats whatever ts sed in wre ite wt within ve Bos orto, For example, se hare fog eld at es, seh as the itt Amen ss tals Dy ac) news opankzins side he scope oF our Tevie, S86, fate SOIL nen parent “Ehoasng a2) (1997 Coating te Gand Sa he tess: ion Chamgs- NSB Orie He E° —_———— 1 Same of the fogal issues prose 8 ‘imate orc to rule on constiont 2104 (1998). 12 See 05 49 USC. 8 4OLO3(HRI (THE Acme all. 4s Flovaior Co, Sey of Lab ¥3d—, 2014 WL. 3973148 (D.C. Cle 2014) sale “Youle Eggs 783 £34210 (DC. Ci.2013) (Sing, “far uncommon for at rove, courts wil dor tot along asm agency “adequately explins the resins foe reversal ‘a potiey As-sited above, int cage su tig the Admlsisrtors aplicatin of § 911310) 10 respondents sree is reasonable, Setoh 91.138) slates, “Abra pertains for Wa pase of er avigaton. No person may operate an alerafin a careless or reckless manner so 0 endanger the Heo propery of anther” As discussed above nee the pin lnuaage of 1$9%.13(8) nor the defntons of sera” applicable to regulations in 14 CR. par exclu ‘unmonved treat, The Aaminiseuorsitepretaion ofthis text it applies rporiden’s ‘operation of his Zephyr to prohibit carcless or vecklessopeajans—is reaonbl, witha broad language ofthe section, Ii ado, the dni’ preaible ts! in its Notes oF Prapased Rulemaking, psig the Fetal Register under dh dinsrtve rbetdor Att for petnulgation of §91.13(2, dao contain ay language fndicating its application of § 91.13(@) to respondent’ siceraf iso unveasorbble reading ofthe cegulaton'sest and ‘purpose. ‘The Bourd hus afm the Adiinistrator'swplication oF § 91.13) as alleged ‘independent violation in ther cases in which, presumably no other regulation would aye cxpllckly prohibited the alleged condi” (Geominaes) ‘djudieative body w defer othe reasonable legal inerprettions ofan agency cloed with ‘forcement ad rulemaking powers"), Nationa Cable & Te x 345 US.967,981 (2005). 5 30 Fed. Reg. 11293 (Mar. 20, 1965); 46 Fed. Reg, 45256 (Sept. 10. 19811, * gee. ie, Administalo v.Niekl, NTSB Ordet No. EASS287 2007): seo aeneally ‘Adminisatr v Holabaigh. NTSB Order No. EA-S609 (2011). 9 Moreover Ansar psn tet espondets Zephyrs “sea If canssen wit the Admits toplaionsat 14 C.E pa 18 promised roo utr of one of he sane tory provisions wrsog 97156) Wh ies speci opering nts wisps owned ellos. es she oor tatoos tim soft abovethesuric ofthe. Thoin of CERSEDLI) specify ech hesoraa wol asst een of at 1 Ahetend, 4 CR. pn 11 and 103 cons regulton ova tone pes aca. “Tong they te sujet spel perting ste armed doves covered wt 0} ‘nonehles ate “arr.” ‘The regulon onan woes sagen he Admirer conser shove devin abe someting ier than “aera ft 5. Ata) negating hs ever me amit of par, ssiinlly eis tose dees a abet of te em icra The Admirers positon ike mae ht spond nad aoa nH wich 891-1) app cops i einla-aprench ens par tet. respondent and soe onl che te Adoration son" cet f CPR 1. it cri tor ve poly nd usdes 0 ara tence a pr pnd es 204 secon bya wit ve FAAS A Tai Oritanin ane DEF ARS5 t —_——_—___ 3 Sg ote 12, gun. 49 USC. #540103 and H703- ya CHR. G94. 1a staes, “this pa prescribes les woven ns operation st irra other BYACER 0 ee aed ek, erm ball ed ‘governed by.part 10% of this ehapler, and wtralight vehicles ‘operated in aceordanee with part 103 Stan cbopter) within the lied Sts wo spl “iol rea tw ado, pone relies a eer tached as Ex his reply rie Which appear to be the FAA's son in respons the eqs the pre the afremeatoned meierndam in EibiK. "The eter in Ebi Linas no maton of wether 9.13) appliestounmaane sea. Respondent aso cia leer bythe then rete ofthe FAA'S Flight Sundar Divison advising « Member af Congres 3 more stingnt realtor sppranh han the adr eva] was astro res tein oman sera operons” Hono. isting I th lis, dos ot ae 591.13) only apie tora sesh, [Nothing in Advisery Circle 91-57, ont fee, reflects ny intent ithe par of he FAA ‘acest operators of unmanke oc mode scr hm the prion on els. eke cperation in § 91.1308. Atmost, we ders ine advisory eeu a recognition onthe Adinstaors pt tat enn provisions of FARS may not be tgialy apatite adel siterat own for retetiona proses. Bul ohn inthe eof We docincat diss. ‘npc x expieuy,te Adisatr's net in regu operons of del ie that pose asaty:hazand, Mort nortan, the avs cirnlr pos resonable ead co otic of ie Adniniti's nent te esute he sa operation of mde aera by appoiate 5 Rep. at 1 Resp Be Exh. K, This mers memoraien does ast pps era be istribted wo the public et arge as aiid FAA guidance onthe sujet of unmanned ral) ‘operations, It appears i have ben wea by an Ai Tillie Organization anager Who 4a official of he Flight Standards division with formal responsiblity Fr proseutog cforcenen. ‘proceedings under the FARK, ® Regp Beat I-12; Resp. Br Eh M. Conan “Thiscab alls wp we sss ace sna eon of ale” or purposes f the poiiion ot cass and cle pra in 14 CFR. 69.1%. Wem ook no frher hn the cla. inanBlgans plain ange 49 US. § N02), 6hand 1 (CER. § 1.1230 “airerai"Is amy "device “used for Night in the nit.” This definition includes ny scat mn or unmanned, rer The proibion ox sales nd ess operation in § 91,13(a) applies with respect tothe operation of any valneral™ other tian tose: subject to parts 10}-and (03, We therefore remémd to the law fei for Cul tua nang to. exe water espn operate ean acres rel mar 310 danger the ie or propery te contary to § 91.1310) ACCORDINGLY, ITS ORDERED THAT: 1. The Adnsrtr's ppel is granted 2. Th aos inser eves and 3. The cs ised othe a joe fi rie proces ost wh is Opinion and Order. HART, Acting Chsirtan,and SUMWALT, ROSEKIND, and WEENER, Members of de ord, eanened Inthe above opinion and ede. Seeved: March 62614 i [UNITED STATES OF AMERICA, | NATIONAL, TRANSPORTATION SAFETY BOARD ‘OFFICE OF ADMINISTRATIVE LAW JUDGES. peabeenaseraesee MICHABL?. HUERTA, ‘ ADMINISTRATOR, a FEDERAL AVIATION ADMINISTRATION, * Complaisent, * : Docket CP-217 * . RAPHAEL PIRKER, a Respondent. vad ea ean eanonneseeesen ges SERVICE: Bresdan M, Sei, i. Brenda A Kelly, Ea. ame, Lovin Nall Peake, Offief ie Regional Counsel 117 Avenue ofthe Ames FAA Ease Region Now York, NY 10096 1 Aviation Fla (Centfod Malt and FAX) Eels 4 i DECISIONAL ORDER, “This mater before he Boer ponte Appel of Raps! ike (herein Respond), Sis an Oe of Assess, whieh seks ass Respondent cle penal ins of $10,000.00 1S, dts. The Order vs sed apis Respondent byte Adminis, ee ‘Avon Aisin (AY, hen Crile ait re, provi by Boss Rls seed st Conia in his ato. “The Complaints somprisd ot eleven Nurberl Parga oF egatons* fathe fit paragraph it ialegd hat Respondent ated ono aboot Oaber 17,201} alt in cian of > tesng Zephyr powered lle srrin eV of the Univers of Virginia VA) (Charani, Vir.” Then alleption Paragraph aves htt alta "ah ‘Unmacnod Aira Sytem (UAS)..? Li fer aged ht Respondents ight operon ens forcomgensin ota payinent as eee fr ideo iets nding ht, Aswconsequtoeofibost legions, od the realsing fc aleptns st forth nthe ‘Complain, it ichorgsd at Respondent te in vciton of ha provision of Part 91, Section 91:19), Foderl Aviation Repindons(FARS)? Respotl hs filed & Main isis, sesking ens mon the eset tht he Complain is subject o dss a rater ftw ebsenee of valid ule for apllaton of FAR rogue eho over noel airtight operons. ‘Compsinaat as submited a Responsc*in posi, eg tht the Complaint iat efcen in ta asthe worsmoring Paty the elegans ofthe Corin at baste ne, tb Complaint lon in ner ics feral to Corina, This argent t premature. Respondent's Maton does challenge aicleey ofthe Compl and tps teria ths, soley fo purposes offs Main tbe Cau alletins ae be ssumecas tn. Any pute and erguments othe cacy of the Compleat must be defer, pening resluon ofthe thet sss of Compliant ashy ese FAR relay ‘eton over inde! aia operons. 14CER, Pat , Seton 4. ste eth FAR defini a tea "Aree a, eve thot ised rind ob se fo to aa.” And Pat 1, Seton HT estat Pat, + pss rues governing operatic.” Premise upon tate FAR pains and T gee Attachment i, Order of Assessnent, fore full scatenent oF the allegations. F'See Attachment, 2 Specifications: iteving Lephyr 11. 2 pare. Sl, Section 91.13{a) provides: No person my operate an aiveeatt in a careless or reckless manner 50 as co endanger tha Lige ox property of another. Une Parties voce granted leave, to file suppleental ariefs, and ail sebnissSoae have beon considered those of 49 U.S.C. Seton 40102(0K6),Conipinea anges ia Respondent ns wpeting evi or eomivnes desig fr Sigh nthe iran thereto jet to Conpsion's regulatory authori. Toe tern, "convance is use in the 49 USC. Seton 40102 OX) etniton, ira, whereas Per i, Son 1.1, defines ania as "die"; However, the terse bial jnéuymos, as bah refer toa pats ied or se fo te ‘Wis iat by Complinant bt under deriton othe ter “sea the eniton incinds win its spe model erin, Thal art is howe, arden that Complainant FAA las, bec, dissin fn is inerpraontpaliaon of nose definitions ‘Complinant as bsescaly, othe pley nos, ii hw "ical by ‘prctixng the word node" to distinguish he devicelonuivance beng onset, Byalising ihe sordid to ata” th ensonabl fet that Compan 4A ited to disioguth and exchde mote steal fom eter orb of ifs dations irc “Tosco Complains itrretv agit wl led eon tt oe definitions neue wen sre all ips of devices’onsvancs nde ear wed igh thoaie, The exten of tat eoncison sould ten resi the il argument chat ight nthe ‘tir of eg paper irraf or aoy bss wood lider, cl subject tha “operat” to aieglalory provisions of FA Par 91, Seton 91.130 Conighinent's coment tht modeler ian" a fied in oer he story regalo deiiton, s dininisted on observa Gat FAA ise ot requbed model src operators to cmply wit renee of FAR Pat 2), Seon 1 178s seaand PAR Pa 47, Secon 473, which rgie Ainsthinessand Region Cieion ee malta. The retsonsleafrence fl hat PAA his ovo therein her thot FAA ts dsngushet model sr nas exuded fom the eplory ad statory ettions, TG9 u.5.c. Sdetdon 49102(e)(6h: Rizcraft meons any contrivance Mavented, used, oF designed to: navigate ax fly i the aie, CWebster’s New Dictionary of Syncnyns; “contrivance” at 188; Sdovice” at 236. Roget's Thesaurus 4§ Bd. ME 348-3 ‘Whije Compl ates in is Sn Reply Bie hal Nai teeing ten were FAA Poliy Statemenis Notices concemng mote eee pperton x consierion ofthe pliey rice singe? ‘Compliant FAA issued Advnory Crelar(AC) AC 91-57, elite "Made Ansa ‘Dpeestin Sandads’, sting the pupos2s™.encovegng vehi cxipliane ey standards or mode! srr open." Tet Complainant PAA ised an AC uring mode reat oprsor oot amply th the tin ie “Suey Stondards® i fimpaile vith the argued ta model area operators by splenton of he story and regain efnin, "area" were srlanausy bjt to mandatory compli wththe ARS ad beet FAR epusioreoreement. “Tha FAA hs ot dened evry doce se fo ight in he tobe win FEAR Pet. 1, Seaion 1 dein, ad thas subject io provisions oT Par 91 ARS, lida onsideron of be PAA registry wemen of rai. ‘An Ulaligha devine ase or it nthe noventeles gover byt prvisions ‘of Par 103 FAR and whereypon mecing the cia sien Section 13.1 defined ot 6 or “irr ts on “URssight Vb, sitet onl 1 the panier elon riots of Pt 103, FARS Itiseoncladed thal as Compliant: fot sued an efireable FAR egnory re overlg model leaf operation; ns hsoricaly exempted mod! strat om th stary FAR definkios of Sra” by relegig model sri operon to vom ompione whe ‘idence expressed in ACIS, Respondent's model ara operation was ntfs 8 FAR regulon nd enforcers. ‘As pvt note, Complioant as dislaned it in hs iain, te ahi afore FAA UAS pli; however, the Complain esses that here bring opel bY Respondet "ison Unmanst Arf Sytem (US). Sine eicaton UAS dot rt sprerin the FARs, its ageesary to exanie the FAA ply fo theses of arf posing tegutoryeuhaiy conening UAS options T Fan Policy Wotlees are addrensed subsequently. 2 Attnchment 3, Advisory Circular, AG 91-57, Jeno % 1981. 9 3g. at Paragraph 3, ‘ | | | FAA sued on Sper 16,2005, MeoreadursAPS-400 UAS Poi 05.04 ali 5. 01)" which wns subsequently cancelled, rovised, ad c-iswed on March 13, 2008, nein ‘Opcratonsl Aprroval Gidaice 08.0% (Culdance06-01)"* Thasaed pace of took ‘Memoranda sto sue piece, not othe genera pbb ratber astral piace be wed by he appro A prin Sigal, oth Memoranda spel etchew any tegalloy airy ofthe expreeed policy, sag reapesvely thal tls policy swat mean asm sie or iy regia pres." As play statements of 1 ageney av nota rm ts fc tht pide pie hrinepressd is sted ira FAA wie po th nel publ ad iy regulatory ffs scene, ese Policy Memon cmmote, and are not ud cetalsng a vai re for losing a mode arf a an AS or Trig bier asserdon of FAR regulatory euhory vis & vis mods rn oprations. ‘On February 13,2007, FAA Nevin 67-01 wa published ia ti Federal Regie wih be ‘stated perposhcton of seving as "Note of Poi opportu he eedback.." Under ie ‘Section enone "Poly Staten stafd that for an UAS 6 opin he Nol Aeapce Sytem (NAS), spestonsthrty isreqied ita, pitt hee fr cil ara a subvty is special airworthiness ceificat, iets hom tat requires “nde = ceretontpit eis ~and the Seal ay uo ist gs AC9NST. ftir Provides tat when fhe mode icra ig sed Fr “ones pose" —AC 9157 isa pice as by sich ue thenodel aa i deed an UAS ang pal iets We yiete: Unmandied Aizceage systens Operations in the Ut. ations Aizepece Syatea ~ Intecia Operational. Approve Gussance SMoielet nnanned Aixexaft fystens Operations in che U5: National ALzopace Syste BS oiiey 08-0} at 1; Guidance 08-01 at 2- # policy 05-01 at 17 Guidance 06-01 at 2/2. © syncoe Int'l Corp. vs Snalaia, 568.54 $82, $95. (5% cle, 2895). SPR ge eee Goo 2 td at 6690 (2007), Policy Statenent “oustnans” 4s not. defined: so it is unclear ifthe term 1s Linited to ongoing entesprlres held out to the general public, or if ie smetudes & one-tine operstion for any form of ancunt of compensation. ceteation!? Tay ve the lratin ofthe ntbory of AC9-57, ven though esd hrs, undereutsth conttion lm cat were conse an aims defied athe FARS or ie Code, sujet to Pat 91 FAR regulation, “Notie 07.01 esses tas acwpirpost is rth FAA policy fee WAS operations, nd the reuse ested, os od shove, tebe Seton capone “Policy Staloment™ As sf-defced as stlament of poli, icamnot be considered asesabiing ‘rule oenforerl regulon snes ieussl an, pole sateen ent big on ‘ei! pi -ASNlsce 7.0 was pbb inthe Federal Reise, en haughsedas a Noe of Policy i cou i arged thai euld be considered legishtiverleakingparportngio tout mandatory realemeittintons requiring bi opine. ‘Notice 07-01 dosnt oer, mest th cil for ld legit rulemaking. ase rot ised ass Nace of Proposed Ruling (NPR), wd ifintended to estblih esnbtiee rile, i ino sty the muon ofS USC, Seton 3), wh egies publi ‘tice not less than 30 days before the efextive date.” xt f show ax being sve on ebruary 62007, i pubilbed a Nato of Ploy Feary 13,2007, 1 as sere iis sigaifcant that upon comparison of he allegatonsin ke Campin with testers, Lowa in the Paley Sateen Seton of Note 07-0, thatthe ligation nda Capank Pangea 2, end 6minahePicy Notes poisons, Tt tt eras Comp’ senha Policy Nei 0701 plays opt ini gain, those alegaons res fod asbelng lcd ih dsesin a model ie we vay ina te FAR Pat, Section 11 defnion and hu sbect oP 91 FAR resation fo, van wane 0, silo sn Pragraphs 5rd 6 ight or campenstionfmymien ih peso Be orth apove oft lansing Rison’ adel tcf as UAS witht eine oF Nd. oo. 472 Pad, Reg. 6490 (2007). 1 5 u.8,C. Section $83 - Rulemaking. The exceptions stated tn section §52(d) axe aot epplicable, pacticulerly Excepticn (2). En that Notice 07-91 does not interpret an existing rule-or jey statement - it ia a statement of current policy. ‘Op Complainant's theory, Respondent could be charged dixecthy ss operating an “atterafe” conttary to che provisions of Section ‘Congres enced the PAA Moderation Re suhinzation etd Reform Ae of 122012 ‘Ae and herein addressed in Subsite B, Untned Aire Systena* This eyeletion postin the evens tissue hee hover, hs anguoge of provisos ofthe 22 Act susie. “Tho 2012 Act ures FAA, though te Seceay of Tanspxtaton to develope pan for integration of el UAS it the NAS, spesing hth plan conan einer for ralewaking to deft ccatabla serdar for cpetation and cenitiaan a chil UAS The 212 Ao fue, in he Subsection Remaking, sesfies date ox pubiesion of“) ia leo smell UAS..."16 permit ie operaonin the NAS The 2012 Act ss coon x ross stating atthe Aint, FA, "..may ot romulgal eng eo elton eatin s ‘odel aia." hee the del ral sti tiated tii Lets aessnabe infreose ta hia anguge shows ta tie tine of enact of he 2012 Act he eiblon _wete ofthe view hte ere no ceive reso estos tegusting model reat opera, tse, athe ealing x enaetent of sch i 202 Act woud ave led Tor atin to repeal, amead, or ody te existing rds cr eguttions, md no reqite ds fr Issues ofa ‘aul. ft a: 1, Neier the Pa, Seton 1, orth 491U.S.C Seton 40102(5X6 defines of “irra” re aplieabea oie # model irra within ee espe deintion 2. aie sizer ett by Respondent was jet only fo the FAA'S equi volar compliance wt the Softy Cnidtine sel in ACSL-S7. Si.id(a), Conpensation/payment could arguably then be a factor for resolving: careless or reckless ‘peretion/ appropriate sanctian/severity of acivil penalty. EP Qubtic Lew 112-95, 126 stat. 72 (February 24, 20121- 4H ya at Section 3324a) (1) (2P{2) (hn (4) 2 ya at Section 392(b), Rulenakingx 2 1d at Section 332[a) < oo 3 Accepting Conglainant’s overceaching. thtess aecicibion ocrerafe’y would rome sewuctio eG abaorduy in aesertion of FAR Zagulatory authority over vice object Gute ox capable af flight dn the air, regardless of sethed of propoleion oF duration of flight; 41 AsPoley Noies 05-01 an 08.01 wees intended forint i ox FAA persoune, thy ar ot jursitonal als for aseting Pari 91 FAR. cnforceineat att del irra ope 4, Poloy Nec 07-1 does ot eb ail bss or eseing Pat, ‘Section 91.13) enforcement on Respondent's model iets penton, ase Notices cathe ast sates, Poy Noten pod ence o-ring, (én vl ‘tiempo give uemaking, wich fs far ap compliance with th mgeeat of 5 USC. Sexton 583, Rulemaking. {. Specialy ha hein of Resonden's motel sei operon a alleged bec, ther as po enforce FAA rule or FAR Repuation spice to ode nie or for laVing model ica as on WAS. ‘Upon the ndings and ecco ete, Thott Respondents Motion Diss ‘ost be AEFIRMED. ITIS ORDERED THAT: 4. Respondents Motion o Diss be, al erky is GRANTED, 2. Complainant's Oder of Assessment bo, and hey is; VACATED AND SET ASIDE. 3. "This proceeding bo, ond is: TERMINATED WITH FRETUDICE** ENTERED tis ny of March, 2014, a Derive, Colored, [teh cong JUDOE * on the FAA's decadés long holding aut to model atrerate: operatots/public that the only FAA policy reyarding model aicersft operations was the requested voluntary compliance vith the Safety Guidelines of AC 91-57, it would Likely require for aasertion of a Rule or PAR authority concerning model airczast operations, for the FAA to undertake rulenaking as required by = U.S.C. Section-553 Ruletaking. Alasks Urofessionul Hunters 'y. Federal Aviation Auninistration, 177 F.3d i999), Shell Offshore, Ine, v, Babbitt, 236 F.2¢ 2 tn Light of the decision reached herein, other issues. raised and axgunent made néed not be, and are not, eddressed. . APPEAL, (DIEPOSITIONAL ORDER) ‘Avy pat to this procaeting may appeal his order by fing a wn notice of appeal within 10 days alter the date on whch Ras served (he soni date appaars on the fret page ofthis order), An final an 8 copies of he nla of appeal most be fled withthe: Natlonal Transportation Safety Board Office of Administrative Law Judges 490 LEniant Plaza East, SW. Washington D.C 2084 “Telephone: (202) 314-6150 ar (000) £64-6759 That paty musts eset he appeal ty ing a il a suport of he mppeat itn SO. ore dia ence into, Aa crag oe anv. Sie mul be fed dei wh the: : National Transpatation Salty Board Ofies of General Court Room 6401 490 LEnfant Plea Coat BW. Washington, D.G, 20864 “Telephone (202 314-6090 FAX! 2) 814-6080, ‘Tha Board nay dismiss appeals on town ition, oF the motion of anther ‘party, when @ party who hae fled a notice of peal fal fo perfect the eppeal by fing & ‘imely appeal bit. A briot in ep to ths appeal brit may be fled by anyother party within SO days, after that party wap served wit the appeal Bit, bie must be fled direct wit the Offes of Genera! Counsel in Rood 6401, ‘NOTE: Copies of the notice.of appeal and brinfs must also be sérved at all other parties to this proceeding. ‘An cig onl on coy fa ope beuding matin nd eps, Submis thereafter should be filed glee with the Office of General Counsel in Room 840‘. ‘Copies of such décoments must also be served on the other parties, “The Board directs your attention to Rules 7; 43, 47, 48 and 4B of ts ules of, Proctice in Air Safety Proceedings {codified at 49 O.F R, $6 824.7, 621.43, 821.47, (821.48 and 821.49) for further information regarding appeals, ABSENT A SHOWING OF GOOD CAUSE, THE BOARD WILL NOT ACCEPT LATE APPEALS OR APPEAL BRIEFS, 2 a ATTACHMENT 1"* Docket No. 20126210009 ‘ORDER OF ASSESSMENT (On Apal 13, 2012, you wre advised through a Notice of Proposed Asseasmed tht thé TAA proposed to assess civil penalty in the amount of $10,000, ‘After consideration of ale avaiable information, it appears tal: i (08 oF aboit October 17, 2011, you wert the pilot fn cmmaad of « Ring Zephyr er eo ie sy ey of Vi OVA Geer Viegui, The eiteraft rofeenced above san Unmanned Altra Systems (UAS). At all times relevant herein you did not possess ¢ Fedora Aviation Adminsiation pilot certiicate. “The airecalt referenced above contained a cimers mounted onthe acer which sem real time video to you ox the ground. 5. You oper the Right yterenced above for coropeosti. ‘Specifically, you were being paid by Lewis Comimnicatins to sippy ail photographs and video of the OVA campus and medica center, You delibettely operated the above-esribed sreraft at extremely low aides over ‘vehicles, buildings, peopl, streets anid stracares, 1. Specially, yo operated the sbovesiescied.alrrat ct altues of epproxinaly 10. feet to approximately 400 fet over the Univesity of Vigan als or rskess ‘manner 60 esto eodangtr the life or property of another. 9. Fox example, you delibersely operated ihe above-described lr in the, fllowing ianner: 1, You operated the wit deat tovrds an Individol standing on a UA i ‘sidewalk: causing the individual to ko immediate evasive maneuvers 6628 to avoid being stack by your icera +, "You operated the aera through a UVA tomel eooaiing moving vides. You opermed the aie unde a cane 4. You operated tne aireeaft below tree top level over a tree ined walkway. You operated thera within aprinatey 15 fet of UVA sans 1, Youoperte ihe icra within approx 50 fet of any tek. g. You operated the aircraft within approximately 50 feet of miimérous individuals, b ‘You operated the slr win spprosimatly 20 fer of « UVA ative atest i onisiningmimerais pedestins and cas. You operated the siteentt within approximately 35 feet of merous UVA bulldings, ji. You operated the sirret-o of least hres occasions under anlevated pedestrian walkway and above an active set. i. You operated le sera cre ovata story UVA bulla blow rooop level and ede wi sbeop lini oer o wv biting the bil. |. You operated the olera Rt witln approximately 100 feet of an-actve belies 4 UVA. 1O.Adiionally, i a oeseless or reokess manner so 45 to endanger the I or property of ‘another, ou operated the shove-deserbed sirall at anes berwemn. 10 an 1500 fect ‘AGL when you fled to ie preeaion to prevent collision hazards with other wireraft that may have been lying within the viinity of your escent. 11.By reason of the shove you operated errata careless of reckless iene £0818 endanger the io or property of enoter. ‘By ronson of the foregoing, you violated the following section(s) of the Fades) Avition Regulations: '& —Seeton 91.13(9), which sues hat na person may opeate a eicrft in caress or eles mmsner tows to ending ie ile or property of ence. NOW THEREFORE, IT 18 ORDERED, porsnnt (o 49 U.S.C. §346901(@)1) and (02) and 46301(5(3) nl you be wd hereby are sessed vl pena inte rant f 10,00. You may pay the penalty aincunt by sbriting cece chit or money order pale vo tht “edeal Avision Administion tothe Office of Accounting, 1-Avintion Plaza Jnsca, NY 11434, Tu the alternative, you may pay your civil penalty with a cre card over the Tntrnt. To py eto, vist he wb a pido gon ad lek 8 Civil Fines and Penalty Paymedts™ which will bring you to the “PAA Chil Pesalty Paymeuts Basters Region” page, You must then complete the requested fnforantion and lick "sobmleto pay by eve card. ATTACHMENT 2 ‘Speetieations ‘MODEL: Zephry (MANUFACTURER: Rie WingRC (ftewingéienm) DISTRIBUTOR: Rite WingRC ‘TYPE: elect fying wig SMALLEST FLYING AREA: fotall felt IDEAL FOR: intermediate or advanced WINGSPANES6in WING AREA: 7709, in READY-TO-FLY WEIGHT, dbs Toe WING LOADING: 16 0289 PRICE:$130.00 CCENTER-OF-GRAVITY: 9378" back from nose (GEAR USED Radi: Spekirrn DR, Orange ts, (2) RitsWingRC mete gear serems-#evons Moti RiteWingC 120k, mp ESC (twinge), Tani Smp 26% BEC ‘Ghobbykingzom) snp. mdelipanenewscon/p-conteiplos201206Cxpte1 88 DAP Page 1 of slonbis ATTACHMENT 3 Ag ost Dave sume 9, 2982 ADVISORY CIRCULAR DetaRTVEST OF TUKSORTATION ‘el dt Attn eae, DE Subjects MODEL AIRCRAFT OPERATING STANDARDS Ae PUMZOSE, WES adviiory clrenloe ueLinie, and soedrigue voluntary Choslteace wdeh, antgty etanterde fox todel niroreft operate 2% BACAORCINO. wodetere, generally, axe conceened. bout safety and’ do exer~ ‘laa good judgeaznt sito flying wedel attctate, Hevevar, nodal ofgeysts can ‘ae citer poon e hazard to fGllvaesle adzereft in Flight tod bo peteone and Property an the wyréace.” Coepltaace ch the follesdng atandarle Milt belp Feduco the potential tor that hazard ond create « good nelpibaY-eavirensont ‘dink affected comuntttas ond alesyade users. 3. ovenarta0 sraMARDS Select tn operating site that se of autticfant distance: fron populared aceses: The eelected site should be aiay froa aoiee densitive artee euch #8 Dparkss,cchoale, Rospttele, chureher, ete. e_ Bo nee opersce model stverate fn the presence of spectatore ustil the areeate Se nuceusstally flight tasted sod proven etfvorthye es Di nee Fly padal alnerart nigh? this 400 fest above tbe euttace tinen Etyiag elceente vtebin 3 piles of on atzpert, notify the aixpore opeedti, Oe vban an air tratfte fariiicy is Located at the airport, city the cpatrol over, oF SLAgbe service stations 4s hye right of my top and gvotd fiylag to the proxiatty of) full-scale’ asteerafee ‘Doe absorvere co belp LF possible: e+ Do.got heattaue to ak for anetstance fron-aty fst Exbfe contol oS a = vf ‘Statdon coocerning.eoxplSance Meh thaet wtsndstée AN Son" AU este Tilsted ns RE. Deratiat autem Region 1 viata aa of Timnsporaton Regonal Course Sonata, NY 1He34 eapbone: 718 8-266 Federal Ailton Pace: 10) 6556800 ‘Aaseistaion WN 2.7 28 Docket No. 201284210009 ORDER OF ASSESSMENT On April 13, 2012, you were advised through a Notice of Proposed Assessineat thatthe FAA. ‘proposed to assess aelvil penalty inthe amount oF $10,000, ‘After consideration of al the available information, it appears tha: 1, On or about October:17, 2011, you were the pitot in eommiind of a Riteving Zephyr owed deer athe vy of i University of Virginfa (UVA), Cherlaesville, gina, 2. The aireraft referenced above is an Unmanned ‘Altera Sysiem (UAS). 3: AL ill times relevant herein you did not possess a Federal Aviation Administration pilot certificate. 4, ‘The sircrad referenced above contained a camera mounted on the aircraft which sent reat ‘me video to you on the ground, 5. You operated tie ight referenced above for compensation. 6. Specifically, you were being paid by Lewis Communications to supply aera! photographs and video of the UVA campus and medial center, 7, You deliberately operated the above-described elrera st extremely low atinudes over vehiles, buildings, peopl, streets, and structures,

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