10/24/2011 15:51 FAX 2024935N2 FAA - OMS aOOl/009 

Q 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Western-Pacific Region 

Office of the Regional Counsel 

i^ECEJVED 

OCT 2 I 2011 

Telephone: (310)725-7138 

Facsimile: (310) 725-6816 

OCT 1 3 2011 

VIA FACSIMtLH AND CLRJ ll'Ih.r) NTAff. - RGTUKN RECRIPT REOUESitD 

Hearing Docket 

federal Aviation AdministTation 

800 Independence Avenue, SW 

Wilbur Wright Building - Suiic :W1000 

Washington. DC 20591 

Atlcnlion: Hearing Docket Clerk. AGC-430 

Facsimile: (202) 493-5020 

J^oil- \\\^ 

c:^ 

r O 

> 

Re: In the Matter of Price F.. Thompson, FAA Case No. 201 IWPl 10014 a 

Enclosed is a copy ola request tor hearing dated October 3. 2011, and the original ajid one 

copy of the Complaint in the abovc-relereneed proceeding. 

I request thai the hearing in this matter be held in the Reno, Nevada area, and expect that the 

hearing will last one (1) day. 

Please address all communications for the Regional Counsel of the Western-Pacific Region, 

to the undersigned, at: Oft'ice of the Regional Counsel, AWP-7.11, Federal Aviation 

AdmLnislralion. Western-Pacific Region. P. 0. Box 92007^ Los Angeles, CA 900()"-2007, 

Telephone: OlO) 725-7138, FAX: (310)725-6816. 

Sincerely. 

NAOMI TSUDA 

Regional Counsel 

fty: f1:)^.i^Al/7,^^ \J\f/Xk^m/AAa . 

idsay M. iVfkamura 

Attorney 

Knclosures: Request lor Hearing; Complaint: Ceriifieale of Service 

NOTE TO RESPONDENT: SECTION 13.2U9 OF THE CP RIJLLS OF PRACTTCF. 

RFQIJIRF THAT A WRITTEN ANSWER TO THE COMPLAlNf RK KIl.RD NOT 

T,ATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN 

ALTERNATIVE TO FTLTNG AN ANSWER, A MOTION MAY BE FILED PURSUANT 

TO SECTION 13.208(D) OR SECTION 13.218(E)(1 -4) OF THE RULES OF PRACTICE. 
10/2./201 1 15 51 FAX 2024935142 FAA . OMS 0002/00 9 

Page I of 1 

To whom it may conc^rti 

I am asking in writing for a hearing to address proposed civil penalty. 

I am asking that the hearing be held in Reno, Nv as i do not have transportation and 

a.m not wctr>.ijig at this time. 

T also ask that it be held after Nov. 22 j eo ae co have enough time to check out: pro 

bono lav/yer as i do not have monty 

for a lavyer. 

Brice Thompson 

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10/21/201 1 15-51 FAX 2024935142 FAA - DWS (21003/009 

O 

s<i-i 

U.S. Dgportment WeBiern-Padfic Region P O. Bojt 92007 

of Transpoftoilon office of the Regional Counsel Loa Angeles. CA 90009-2007 

B<^AMi Ax/iMM^n Telephone' (310)725-7138 

A^rSlnitr^^r " Facs..-,le (310, 72^a.l . 

SEP 2 3 2011 

Case No. 201 IWP n 0014 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED AND FIRST CLASS M\1L 

Brice E. Thompson 

1000 Harvard Way. Apt. 67 

Reno.NV 89502-2034 FTVAL NOTTCF OF PROPOSED.OVft. Pr^NjlLTV 

On June 9, 2011, you were advised through aNotice of Proposed Civil Penalty that the 

Federal Aviation Administration (FAA) proposed to assess a civil penalty in the amount of 

$5^000.00. To date, this office has not received any reply from you. 

After considering all the evidence in this maner. it appears that: 

1. On or about January 4, 2011, you were a passenger ou board Southwest 

Airlines flight 251 from Salt Lake City, Utah, to Reno, Nevada. 

2. On the above occasion, Southwest Airlines flight 251 was operating under 

part 121 of the Federal Aviation Regulations. 

3- During the flight referenced in paragraph 1, a flight attendant served an 

alcoholic beverage to a passenger sitting one row behind you. 

4. The passenger referenced in paragraph 3 complained to the flight attendant 

about her alcoholic beverage. 

5. You then turned around in your seal and struck the flight attendant's arm. 

By reason of the" facts and-cirtumatances describes' abovcj.it appe_ars_.that you violated the 

following Sections of the Federal Aviation Regulations, found in Title 14 of the Code of" 

Federal Regulations; 

a. Section 121.580 of Title 14 of the Code of Federal Regulations, 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; and 
10/24/201 1 15-51 FAX 2024935142 FAA ^ - - . OMS g]004/00 9 

D.S. DEPARTMENT OF TRANSPORTATION 

OKKICE OF HEARINGS 

WASHINGTON, DC 

In the VlfltUr of Brice E. Thompson: FAA DOCKET ILNASSICiNKD 

FAA CASE NO. 20nWP1100l4 

Respondent. 

JUDGC NOT ASSIGNED 

COMPLAINT 

The Complainanl lilcs its C^ompiaint, pursuant lo Rult 208 of the Kules ofPractice 

(14 C.F.R. 13.208), and .slates as follows: 

I. 

Respondent, Brice C. Ihompsun, was advised through a Final Notice of Proposed 

Civil Penalty ('Final Noiico), dated September 23. 2011, that the Federal Aviation 

Administration (F.AA) proposed to as.ses.'; a civil penalty in the amount of S?.000.00. 

On October 3. 2011, Re.'ipondent submiilcJ a written request for a hearing. 

1. On or about January 4, 2011, Respondent was a passenger on board 

Southwest Airlines (light 251 from Sail Luke City, Utah, to Reno, Nevada. 

2. On the above occasion, Southwes( Airlines flight 251 was operating under 

pan )2] of ihc Federal AviaiioiiRceulation.s. 

3- During the flight referenced in paragraph 1. n flight aucndant sei-ved an 

alcoholic beverage Lo a passenger sitting one row behind Respondent. 

4. Tlie passenger referenced in paragraph 3 complained to the flight aiitndant 

about her alcoholic beverage. 

5. Respondent then turned around vn Respondent's seat and .struck the flight 

aiicndant's arm. 
10/24/201 1 15:51 FAX 2024935142 FAA - DMS l2]005/009 

2 

111. 

By reason of the foregoing ("acts and circum.^•tanccs, Respondent vioJatcd the 

following section of the Federal Aviation Regulations (Title 14. Code of Federal 

Kegulaiions): 

a. Section 121.5S0 of Title 14 of the Code ofFcderal Regulations, which stales 

ihal no person may assault, threaten, intimidate, or interfere with a 

crewmember in the pcrtormance of Ihc crewmember's duties aboard an 

aircraft being operated under this part; and 

b. Section 46318(ii) of'litle49 of the United Slates Code, which states thai "[ajn 

individual who physically ass.^ults or threaten.'? to physically assauli a nieinher of 

the Hight crew or cabin crew t)f a civil aircraft or any other individual on the 

airctiifi. or takes any action that poses an imminent thrc.Tt to the safety of the 

aircraft or other individuals on the aircraft is h'able to the Linited States 

Government for a civil penalty of not more than .S25,000.". 

rv. 

1. Pursuant to Title 49 U.S.C Scciion 46301(a)(5)(;A), Respondent is subject lo 

a civil penally not to exceed $11,000.00 for each of the violations alleged. 

2. Under the facts and circuinstances of this case, a civil penalty of 55,000.00 is 

appropriate. 

WHHRLFORF, the Complainant, respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $5,000.00. 

RespeciCully submiilcd. 

riyu\^^/7i/v ^faManlC•iAIx^ 

I-Hidsay M. fTCpkamura 

Auomey 

Offlce of the Regional Counsel 

Kedeial Aviation Administration 

Wostern-Paciflc Region 

DATED-. OCT 1 ;i 2011 
10/24/201 1 15-52 FAX 2024935142 FAA ^ Q'^S @006/00 9 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of Brice E. Thompson: FAA DOCKET UNASSlGNED 

FAA CASE NO. 20nWPllUOU 

Respondent. 

JUDGF NOT ASSIGNF D 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 ofthe Rule.^ ofPractice 

(14 C.F.R. 13.205), and states a.s follows; 

I. 

Respondent, Bnce E. Thompson, ^a s advised through a Final Notice of Proposed 

Civil Penalty (Final Notice), daied September 25, 2011, that the Federal Aviation 

;\dministraiion (FA.A) proposed to assess a civil penalty in the amount of $5,000.00. 

On October 3, 20 M, Respondent submitted a wrillen request for a hearing, 

11. 

1. On or about January 4, 2011, Respondent was a passenger on board 

Southwest Airlines flight 251 from Salt Lake City. Utah, to Reno, Nevada. 

2. On the above occasion. Southwest .Airlines flight 251 was operating under 

pail 121 ofthe Federal Aviation Regulations. 

3- During the flight referenced in paragraph 1, a Right attendant served an 

alcoholic beverage to a passenger sitting one row behind Respondent. 

4. The passenger referenced in paragraph 3 complained lo the flight attendant 

about her alcoholic beverage. 

5. Respondenl then turned around in Respondent's seal and struck the flighi 

aiiendam's arm. 
10/24/201 1 15:5 2 FAX 202493514 2 FAA - Of-lS 0007/009 

III. 

By rea.sonof the foregoing facts and circumstances, Respondent violated the 

following section of the Federal Aviation Regulations (Title 14, Code of Federal 

Regulations): 

A. Section 121.580 ofTiile 14 ofthe Code of Federal Regulations, which slates 

that no person may a.<;sault. threaten, iniimidatC; or interfere with a 

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

aircraft being operated under this pari; and 

b. Section 46318(a) of Title 49 of ihe United States Code, which states that ''[a|n 

uidividual who physically assaults or threatens lo physically assault a member of 

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

aircraft, or take."^ any action that pcj-^ts an imminent threat lo the safety" of the 

aircraft or other individual.s on the aircraft is liable lo the United States 

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

IV, 

1. Pursuant lo Title 49 U.S.C. Section 46301(a)(5)(A), Respondent is subject to 

a civil penalty not to exceed SI 1,000.00 for each ofthe violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of :t5,000.00 is 

appropriate. 

WHEREFORi:, the Complainant, respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of 55,000.00. 

Re.spectfully submitted, 

Lilidsay M. ti^kamura 

Alltimey 

Offlce ofthe Regional Counsel 

Federal Aviation Administration 

Westem-Paciflc Renion 

D.ATED: rif [ ^ 3 ?o;i 
10/24/2011 15:52 FAX 2024935142 FAA - DMS 13008/009 

CCRTiriCATn OF SERVICE 

1 hereby certify thai on this dale I have sent by facsimile and placed in the United 

State.^ mail, postage prepaid, certified mail — return receipt requested, the executed original 

and one copy ofthe Complaint, addressed as follows: 

Hearing Docket 

Federal Aviation AdministraUon 

800 Independence Avenue, SW 

Wilbur Wright Building-Suite 2\V1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Facsimile; (202) 493-5020 

I ftirther certif>' that on this dale I have placed in the United Stares mail, postage 

prepaid, certified mail - return receipt requested, and regular First Cla.ss Mail, a true copy of 

the Complaint, addres.sed as follow's: 

Brice E. Thompson 

1000 Harvard Way, Apt. 67 

Reno.NV 89502-2034 

Dated: CCT 1 3 20:i 

JclIKambti'rg, Legal Techniciait / 

Office ofthe Regional Counsel/ 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale. California 

cc: RNOFSDO/AWP-230 
10/2a/201 1 15-52 FAX 202'i935142 FAA ^ DMS (2| 009/00 9 

CERTIFICAIH OF SF.RVlCE 

I hereby certily thai «n this date I have .sent by lacsimile and placed in the United 

Stiiles mail, postage prepaid, certified mail - return receipt requested, the executed original 

and one copy ofthe Complainl, addre.s.sed a^ follow.s: 

Hearing Docket 

Fedeial Aviation .Administration 

800 Independence Avenue; SW 

Wilbur Wright Buildmg-Suite 2W1000 

Washington. DC 20591 

Aiiention: Hearing Docket Clerk. AGC-4j0 

Pacsimik:(202H^'3-5020 

T ftjrther certify that on this date 1 have placed in the United Slates mail, postage 

prepaid, cenifled mail - renirn receipt requested, and regular First Class Mail, a true copy of 

the Complaint, addressed as follows: 

Brice E. Ibompson 

1000 Harv'ard Way, Apt. 67 

Reno.NV 80502-2034 

Dated; QCi 1 3 IWW 

^/^ / ' 

Jeff K-ambifrg. Legal Tcchnicuy/ 

Oilice ofthe Regional Couns^-

Federal .Aviation Administration 

Westem-faciftc Region 

Lawndale, California 

cc: RNO FSD(.VAWP-230