Q 

U.S. Department Southern Region P.O. Box 20636 

of Transportation Office of the Regional Counsel Atlanta, Georgia 30320 

Federal Aviation (404) 305-5200 

Administration (404) 305-S2J3 FAX , 

F£B 1 7 2012 2 g|c^ 

CERTIFIED - RETURN RECEIPT REQUESTED ~ O^. S 

Hearing Docket Clerk 0 ]£;§""' 

FAA, AGC-430, Suite 2WI000 __ og ^ 

Wilbur Wright Building ^ co 

800 Independence Avenue, SW —' 

Washington, DC 20591 

Re: In the Matter of Rian C. Seeman 

FAA Case No. 2011SO370103 FDmS.ao(A^Dflg/3LDa-ftu»-CiV-C>(plYG 

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

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Indianapolis, Indiana area, and 

expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

4^ RASHAWN RICH GEORGE 

Attorney 

Office of the Regional Counsel 

Enclosures 

HEARING OQcmr 
3172953710 BECKMAN COULTER 04:42:56 p.m. 02-16-2012 5/7 

Feb. 5'^ 2012 

To Whom It May Concern, 

I am requesting a hearing in the matter of case#2011SO370103.1 am providing to 

you, documentation to support my whereabouts for the week of June 4^^. 

I left Indiana for work on May 2l" ; I arrived back in Indiana the evening of June 

4'^. My mode of transportation for that job w/as via a carpool. 

On the morning of June 6*^ t left Indiana and arrived back in Indiana on June 13*^ 

And once again my mode of transportation was via carpool. 

(can assure you between those dates f did not board a plane to Tampa Florida as 

you have suggested. I did not smoke on a plane nor did 1 tamper with a smoke 

detector. 

I am also enclosing a copy of my driver's license to support my statement that I 

had lost my license. If you look carefully you will see this license was issued to me 

on June 28'^ 2011. 

I am making all reasonable efforts to comply with your request. 

1/ in good faith, believe someone used my identification to board that plane. 

I am requesting that the allegations be dropped and further harassment stop. 

As stated in your letter, a letter must be sent to the FAA attorney but no address 

has been provided for me to do that. I will be faxing a copy to the regional 

counsel, Eddie Thomas. 

A copy of this letter is being sent to the address provided in the letter "Final 

Notice of Proposed Penalty". 

Sincerely, 

Rian Seeman 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Rian C. Seeman 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET 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: 

1. 

1. On January 31, 2012, Respondent, Rian C. Seeman was advised tlu'ough a Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of $4,200. On February 16, 2012, the Agency Attorney received a written request for a hearing 

from the Respondent. 

II. 

2. On or about June 4, 2011, you were a passenger aboard AirTran Airways Flight 

Number 1422 (hereinafter flight 1422) from Indianapolis, Indiana, to Tampa, Florida. 

3. Flight 1422, described above, was designated a non-smoking flight. 

4. Notwithstanding the fact that the no-smoking signs were illuminated during flight 

1422, you smoked. 

5. Notwithstanding the fact that no-smoking signs were posted in the lavatory of 

flight 1422, you smoked in the lavatory of flight 1422. 

6. You tampered with the smoke detector in the aft lavatory of flight 1422. 
III. 

7. As a result, you violated the following sections of the Federal Aviation 

Regulations: 

(a) Section 121.317(g) in that no person may smoke while a No Smoking sign 

is lighted or if No Smoking placards are posted, except that the pilot in command may 

authorize smoking on the flight deck except during airplane movement on the surface, takeoff, or 

landing," 

(b) Section 121.317(h) in that no person may smoke in any aiiplano lavatory. 

(c) Section 121.317(i) in that no person may tamper with, disable, or destroy 

any smoke detector installed in any airplane lavatory. 

8. .Pursuant to 49 U.S.C. Sections 46301 (a)-(d), Respondent is subject to a civil 

penalty not to exceed $1,100 for each of the violations alleged. 

9. Under the facts and circumstances of this case, a civil penalty of $4,200 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $4,200. 

Respectfully submitted this L_I day of February, 2012. 

/ 

.^'.-,. RASHXW N RICH GEORGE 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to 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 which follows. 
CERTIFICATE OF SERVICE 

1 hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

(original + 1 copy) 

Rian C. Seeman 

12433 Pincneedle Drive 

Indianapolis, IN 46236-3160 

[.MCDOWELL 

ittant 

of the Regional Counsel 

FEB 1 7 2012 

Dated