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Case No. 201650630005
NOTICE OF PROPOSED ASSESSMENT
Based on the following facts and circumstances, it appears that you violated the regulations of the Federal Aviation Administration:
1. On or about October18, 2015, you operated a Dronada FoxTech:D-130, an Unmanned Aircraft System (UAS) as defined in Section 331 of the FAA Modernization and Reform Act of 2612 (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.
5. During the referenced October 18, 2015 UAS operation, your D-130 UAS operated within Fernando 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 Traffic 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 another because the UAS crashed midair into another UAS.
8. Your October18, 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 a result of the foregoing, it appears that you violated:
(a) 14C.F.R. § 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(a),(c)(1) in that unless otherwise authorized or required by the ATC facility having jurisdiction over the Class D airspace area, each person operating an aircraft in Class D airspace-roust comply with the applicable provisions of this section and §§91.126and 91.127, ‘including that each person operating an aircraft in class 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 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 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 Enforcement
By:
Ryan Landers
Enforcement Division, Southern Team
1701 Columbia Ave.
College Park, GA 30337
email: [email protected]
Telephone:
(404) 305-5200 (main)
(404) 305-5206 (direct)
(404) 305-5223 (fax)
Aviation Attorney. FAA Certificated Commercial Pilot and Flight Instructor (CFI/CFII). Contributor at Forbes.com for Aerospace and Defense.