^ 

U.S. Department Eastern Region 1 Aviation Plaza 

of Transportation Regional Counsel Jamaica, NY 11434 

Telephone: 718 553-3403 

Federal Aviation Facsimile: 718 995-5699 

Administration OCT - ] 2010 

CERTIFIED MAIL - RETURN RECEIPT I^OUESTED ^J ^fes g 

Federal Aviation Administration c-^ -S'Q^ 

800 Independence Avenue, S.W. • j 52>? ^ 

Washington, D.C. 20591 _ ^S o 

Attn: Hearing Docket Clerk, AGC-430 't TM W^" ^ 

Wilbur Wright Building-Room 2014 —^ .. . 

ATITSf: HEARING DOCKET CLERK 

Re: In the Matter of Si Ping Yd 

Docket No. 2009EA190129 /CplDEA^Cil/ R ^ QL^ - D*|7 ^ 

Enclosed herein please find a copy of a request for hearing and the original and one 

copy of the FAA's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Los Angeles, 

California area, and expects that the hearing will last one day. 

Please address all communications for the Federal Aviation Administration to the 

attention of Leonid Talisman, Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Aljfred R. Johnson, Jr. 

Regional Counsel 

By: U^ANmL I (Wl'inv^lK^ 

Leonid Talisman 

Attorney 

Enclosures 
Frin:Pasadena Recovery 626 345 9995 09/22/2010 14:26 #659 P.001'001 

jllegionai Counsel for the Easlerr> Reyion Date V f ^'' H O 

Federal Aviation Administraiion , 

j Aviation Plaza 

j|amaica.NYlJ434 

1 . • • 

i StPingYe-2009EA190129 

' I Subject: Final Notice of ProposcJ Civil Penalty 

^^ 

Ih reply 10 your Final Notice of Proposed Civil Penaltj'. 1 elect to proceed BS indicated by my clienk mork besifie the numberiid 

pai-agrapb below: . , . 

('hereby submit the amount of the propcised civii penalty with the undentanding that an Order Assessing Civil Penally will 

be issued in that antount. 

I hereby request a formal hearing in accordance v^ith Section 13.16 of the Federal Avlatitm Regulations. 

' -i 

By lendinf thin form to tht FedtTal .A.viit>oo AdmiBiitnition, Eastet-n liCegioR, I alto hereby 

certify that a copy of this form hat been filed with (he Hearing Doritet Clerk (Hearing Oacliet, 

Federal Aviflliun Administi-Rtion, (lOO Independence Avenue, S.W., Rooiii 924A. WashtBKlOD, 

i DC 20591, Attention: HearintDorhetaerk). j 

I 1 

*^ Please note that vou will not be enlitled to a hearing if vou file this form with tlie Federal Aviation Administriaion. Eastern Region. 

WTTHOUT having filed this form or a wrinen request for a hearing with the HEARING DOCKET CLERK. 

MY ATTORNEy/REPRESENT/Vmx" 

Signature 

honeNo.j2^(LZ+ , C ^ ^?/7 W 

•• DWM.nA Ki n ' 

Address: 

Home Plv 

Bjsiness Phone No. 

Name: JC-pJ^^-r/f:. 6(L (fe^Tc^ri 

Addrtss: ty-Tf P f:ICLir:...Dr)i>^-U- 3o J 

Phone No. e i O^r?,).^^ CM ^ HZ / 

PRIVACY ACT NOTICE 

Tllis notice is provided in accordance with Section (e)(3) of the Privacy Act, 5 U.S.C. §5S2a(e)(3), and concerns tht information 

rei)uested in the letter or form with M'hich this Notice is enclosed, 

I 

! A. Authority.' 1 bin information is solicited pursuant to 49 U.S.C. 1101 £l jsg., and regulations issued thereunder 

I codified in Part 13 of Title 14 of the Code of Federal Regulatioiis. Submission of the telephone number is 

voluntary. Hie request for information is intended to provide you with m 6pp<xtunity to participate in tlw. 

' investigation. 

B. Princii;al Purpose. The requested information is intended 10 assist us in; contacting you regarding this 

enforcement case. 

j C. Routine User.. Records from this system of records miiy be discbsttl'tn iLOoordanre with thi: routine uses its 

j they appear in System of Records No. DOT/FAA 847 as published fre>m time to time in the Fedrsral Register. 

I D. Effect of Failure to Respond. If vou do not provide the requehed iiiformatiim biere may he delay In cnntaetiiij; 

I you rvgardine ibis enforcement case. 

RECEiveo.Aawor 

SEP 2 7 2010 3" 

LT3 

EIS 

CRTS 
I si 

U 

a. 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVL\TION ADMBSHSTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Si Ping Ye 

2009EA190129 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I 

Respondent, Si Ping Ye, was advised through a Final Notice of Proposed Civil Penalty 

that the FAA proposed to assess a civil penalty in the amount of $9,100. On September 

22,2010, Respondent submitted a written demand for a hearing, 

II 

1. On or about September 1, 2009, you were a passenger on U.S. Airways Flight 

567, on a flight between Seattle, Washington and Phoenix, Arizona. 

2. During the above-described flight you were abusive, threatened flight 

attendants, and refused to follow crewmember instructions. 

3. Specifically, during the above described flight you: 

a. spat in the face of a flight attendant; 

b. refused to take your seat after flight attendants made numerous requests 
for you to return to your seat, when the "fasten seatbelt" was on and was 

accompanied by the audio signal; 

c. were non-responsive to flight attendants' numerous requests to follow 

pre-landing instructions; and 

d. screamed at flight attendants. 

4. During the above-described flight, your conduct caused the flight crew 

to request that law enforcement officers meet the flight, upon its landing 

in Phoenix, Arizona. 

5. As a result of the above, you assaulted, intimidated, or interfered with a 

crewmember in the performance of the crewmember's duties aboard an 

aircraft being operated under 14 C.F.R. §121. 

6. As a result of the above, you physically assaulted or threatened to 

physically assault a member of the flight crew or cabin crew of a civil 

aircraft or any other individual on the aircraft, or took an action that 

posed an imminent threat to the safety of the aircraft or other individuals 

on the aircraft, 

III 

By reason of the foregoing facts and circumstances. Respondent violated the following 

section(s) of the Federal Aviation Regulations: 

a. Section 121.317(b), which states that except as provided in paragraph (I) 
II 

li of this section, the "Fasten Seat Belt" sign shall be turned on during any 

• :i 

t-i 

II movement on the surface, for each takeoff, for each landing, and at any 

! ] Other time considered necessary by the pilot in command. 

b. Section 121.580, which states that no person may assault, threaten, 

intimidate, or interfere with a crewmember in the performance of the 

crewmember's duties aboard an aircraft being operated under this part. 

c. 49 U.S.C. §46318(a), which states that an individual who physically 

assaults or threatens to physically assault a member of the flight crew or 

cabin crew of a civil aircraft or any other individual on the aircraft, or 

takes any action that poses an imminent threat to the safety of the aircraft 

or other individuals on the aircraft is liable to the United States 

Government for a civil penalty of not more than $25,000. 

IV 

1. Pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil penalty not to 

exceed $11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $9,100 is 

appropriate. 

WHEREFORE, the FAA, by coxmsel, respectfiilly requests that the 
Administrative Law Judge enter an order that Respondent be assessed a civil penalty in 

the amount of $9,100. 

Respectfiilly submitted, 

Alfi-ed R. Johnson, 

I Regional Counsel 

i 

I Alfi-ed R. Johnson, Jr 

By: Um^"^ ^l^iMim^ 

Leonid Talisman 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3403 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, 

of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must file a written answer to 

this Complaint, or a written Motion to Dismiss if appropriate, not later than 30 

days after the date shown on the Certificate of Service. A general denial is deemed 

a failure to file an answer (Section 13.209(e)). 
tl 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Si Ping Ye 

2009EA190129 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I 

Respondent, Si Ping Ye, was advised through a Final Notice of Proposed Civil Penalty 

that the FAA proposed to assess a civil penalty in the amoimt of $9,100, On September 

22, 2010, Respondent submitted a written demand for a hearing. 

II 

1. On or about September 1, 2009, you were a passenger on U.S. Airways Flight 

567, on a flight between Seattle, Washington and Phoenix, Arizona. 

2. During the above-described flight you were abusive, threatened flight 

attendants, and refused to follow crewmember instructions. 

3. Specifically, during the above described flight you: 

a. spat in the face of a flight attendant; 

b. refiised to take your seat after flight attendants made numerous requests 
it 

H 

H 

N 

of this section, the "Fasten Seat Belt" sign shall be turned on during any 

movement on the surface, for each takeoff, for each landing, and at any 

other time considered necessary by the pilot in command. 

b. Section 121.580, which states that no person may assault, threaten, 

intimidate, or interfere with a crewmember in the performance of the 

crewmember's duties aboard an aircraft being operated under this part. 

c. 49 U.S.C. §46318(a), which states that an individual who physically 

assaults or threatens to physically assault a member of the flight crew or 

cabin crew of a civil aircraft or any other individual on the aircraft, or 

takes any action that poses an imminent threat to the safety of the aircraft 

or other individuals on the aircraft is liable to the United States 

Government for a civil penalty of not more than $25,000. 

IV 

1. Pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil penalty not to 

exceed $11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $9,100 is 

appropriate. 

WHEREFORE, the FAA, by counsel, respectfiilly requests that the 
i 

If Administrative Law Judge enter an order that Respondent be assessed a civil penalty in 

II 

It the amount of $9,100. 

Respectfiilly submitted, 

Alfi-ed R. Johnson, Jr. 

Regional Counsel 

By: UM^'JL. W^hui^ _ 

Leonid Talisman 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3403 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, 

of the Federal Aviation Regulations (14 C.F.R Part 13). 

The Rules of Practice provide that Respondent must file a written answer to 

this Complaint, or a written Motion to Dismiss if appropriate, not later than 30 

days after the date shown on the Certificate of Service. A general denial is deemed 

a failure to file an answer (Section 13.209(e)). 
I CERTIFICATE OF SERVICE 

'1 

j j I hereby certify that the foregoing Complaint has been placed this date in the United 

li States mail, postage prepaid, by Certified Mail - Return Receipt Requested ad<iressed as 

!J follows: 

I Robert H. London 

i Law Offices of Robert H. London 

I 9550 Flair Drive, Suite 301 

I El Monte, CA 91731 

I Federal Aviation Administration (Original and one copy) 

i 800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

\ Wilbur Wright Building-Room 2014 

Date: / ^ / / /<>> d/ o 

J ^ 6 Maher 

Management & Program Analyst 

Federal Aviation Administration 

Office of Assistant Chief Counsel 

1 Aviation Plaza 

Jamaica, NY 11434