07/19/2012 17:39 FAX 2024935142 

U.S. Department 

of Transportation 

! 

Federal Aviation 

FAA 

···:·'lA'Yf''l ~ENT OF ··.~i""rd'"\1!Vi i 

+ OMS 

, ·,; !<. ~-·-.r·oFrl·A.,..I()~·I ~ ·~/"\;\tt;r\ .. 1 r ni 

Eastern Region . <:::' ()rJ~.-~:'1 ~1-~~"itrn:ation Plaza 

Regional Counsel '·' .. I vr "· 1111 ~~M'liea, NY 11434 

Administration 

Telephone; 718 653-3403 

Facsimile: 718 995-56~ i Z 6 ., 

@001/012 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

RECEIVED 

JUL f 3 2012 800 Independence Avenue, S.W. 

Washington, D.C. 20591 HEARING DOCKET 

Attn: Hearing Docket Clerk, AOC-430 

Wilbur Wright Building·- Room 2014 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter of Daniel Johnathan Sterling 

, Docket No. 20 11EA030050 ~ .. . . Nor :t::NtluU -'. ':1 . . · 

Enclosed herem please find a~py of a request for hearm!jand the or1gmal 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 Pittsburgh, Pennsylvania 

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

Please address an communications for the Federal Aviation Administration to the attention 

ofLconidTalisman, Office ofthe Regional Counsel, 1 Aviation Plaza Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

LeOnid T~Iisman·-

Attomey 

Enclosures 

,. 
07/18/2012 17:38 FAX 2024835142 FAA -. OMS 

U.S, DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRAl10N 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Daniel Johnathan Sterling 

201IEA030050 

Judge Not Assigned 

COMPT,AINT 

~002/012 

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

pursuant to Rule 208 ofthe Rules of Practice (14 C.P.R. 13.208), and states as folJows: 

I 

Respondent, Daniel Johnathan Sterling, was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $1,100. On 

June 28, 20 12, Respondent submitted a written demand for a hearing. 

II 

1. On or about August 3, 2011, you were on board Continental Airlines Flight 

1087 from Houston, Texas to Pittsburgh, Pennsylvania. 

2. During the course of the above-described flight, you smoked while a "No 

Smoking~' sign was lighted and/or while. "No Smoking" placards were 

' posted. 

3. Specifically, you smoked in an aircrafl,lavatory. 
07/18/2012 17:38 FAX 2024835142 FAA .- OMS 141003/012 

4. By reason of the above, you failed to comply with the instructions given to 

, you by crewmembers regarding compliance with pa,ragraphs (f), (g) and (h) 

of Section 1 21.317 of the Federal Aviation Regulations. 

Ill 

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

section(s) ofthe Federal Aviation Regulations; 

a. Section 121.317(g), which states that no person may smoke while a "No 

, Smoking'' sign is lighted or if "No Smoking" placard~ are posted. 

b. Section 121.317(h), which states that no person may smoke in an airplane 

lavatory. 

c. Section 12I.317(k), which states that each passenger shall compJy with 

instructions given to him or her by crewmcmbers regarding compliance with 

' paragraphs (f), (g). and (h) of this section. 

IV 

1. Pursuant to 49 U.S.C. §4630l(a)(5), Respondent is subject to a civil penalty not to exceed 

$11,000 for each of the violations alleged. 

2 
07/18/2012 17:40 FAX 2024835142 FAA + OMS @004/012 

2. Under the 1acts and circumstances of this case, a civil penalty of $1,100 is appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount of 

$1,100. 

' 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

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(c)). 

3 
07/19/2012 17:40 FAX 2024935142 FAA ~ OMS ~005/012 

CERTIFICATE OF SERVICB 

I hereby certii)r that the foregoing Complaint has been placed this date in the United States 

mail, postage prepaid, by Certified Mail- Return Receipt Requested addressed as follows: 

Daniel Johnathan Sterling 

140 Jamison Lane 

Monroeville, P A 15146 

Federal Aviation Administration (Original and one copy) 

800 Independence A venue, S. W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Bui1ding -Room 2014 

Date: liP - 6 ~~ i·j:; ' .. ; J.... •••.•• :.. 

-------

,. 

J<i#{Maher . . 

Management & Program Analyst 

Federal Aviation Administration 

Office· ofRegionaJ CounseJ 

1 Aviation Plaza 

Jamaica, NY 11434 

4 
07/18/2012 17:40 FAX 2024835142 FAA + OMS 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL A VIATIONADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the MaUer of Daniel Johnathan Sterling 

201IEA030050 

Judge Not Assigned 

COMPLAINT 

~008/012 

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

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

1 

Respondent, Daniel Johnathan Sterling~ was advised through a .Final Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil·penalty in the amount of $1,100. On 

June 28, 20 I 2, Respondent submitted a written demang for a hearing. 

II 

1. On or about August 3, 2011, you were on board Continental Airlines Flight 

1087 from Houston, Texas to Pittsburgh, Pennsylvania. 

2. During the course of the above-described flight, you smoked while a ''No 

Smoking,' sign was lighted and/or while "'No Smoking" placards were 

r posted. 

3. Specifically, you smoked in an aircraft lavatory. 
07/19/2012 17:40 FAX 2024935142 FAA + OMS ~007/012 

4. By reason of the above, you failed to comply with the instructions given to 

· you by crewmembers regarding compliance with paragraphs (f), (g) and (h) 

of Section 121.317 of the Federal Aviation Regulations. 

III 

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

section(s) ofthe Federal Aviation Regulations: 

a. Section 121.317(g), which states that no person may smoke while a "No 

,. Smoking" sign is lighted or if "No Smoking" placards. are posted. 

b. Section 121.317(h), which states that no person may smoke in an airplane 

lavatory. 

c. Section l21.317(k), which states that each passenger shal1 comply with 

instructions given to him or her by crewmembers regarding compliance with 

·· paragraphs (t), (g). and (h) ofthis section. 

TV 

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

$11,000 for each of the violations alleged. 

2 
07/18/2012 17:40 FAX 2024835142 FAA + OMS ~008/012 

2. Under the facts and circumstances of this case, a civil penalty of $1,100 is appropriate. 

WHEREFORE~ the FAA, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount of 

$1,100. 

RespectfuJiy submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3403 

718 995-5699 

NOTE: 

The Rules of Practice for this proceediDg 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 OD the Certificate of Service. A general denial is deemed a failure 

to file an aDswer (Section 13.209(e)). 

3 
07/18/2012 17:40 FAX 2024835142 FAA + OMS 141008/012 

RECEIVED 

JUL 1 3 2012 

u.s. DEPARTlVtENT OF TRANSPORTATIQ~EARING DOCKET 

FEDERAL AVIATION ADMINISTRATIO~ 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

-·----------

In the Matter of Daniel Johnathan Sterling2011 EA030050 

Judge Not Assigned 

- . ·---------

NOTICE Of APPEARANCE 

Complainant, Federal Aviation Administration, hereby notifies the United States 

Department of Transportation, Otlice of Hearings, and the Respondent, pursuant to 14 

C.f'.R. §13.204(b), that it shall be represented in the above-stated action by the following 

attorney: 

Leonid Talisman 

Federal Aviation Administration 

OJlice of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3403 

Facsimile: 718 995-5699 

All communications, notices, pleadings or documents are respectfully requested to be 

forwarded as follows: 

' 

Leonid Talisman 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 
07/18/2012 17:40 FAX 2024835142 

Telephone: 

Facsimile: 

RespecUully submitted. 

Alfred R Johnson, Jr. 

Regional Counsel 

FAA 

718 553-3403 

718 995-5699 

By: 

i'eonid 

~~c-6 Talisman 

Dated: 

Attorney 

CERTIFICATE OF SERVICE 

"' OMS ~010/012 

I hereby certify that on this day copies of the foregoing Notice of Appearance were placed 

in the United States mail, postage prepaid, . Certified Mail - Return Receipt Requested 

addressed as follows: 

Daniel Johnathan Sterling 

140 Jamison Lane 

Momoeville. P A 15146 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building·- Room 2014 

Date: 

,•4" 6 ti ~ [_ ... 

------- Jo~ aher 

Management & Program Analyst 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

2 
07/19/2012 17:40 FAX 2024935142 FAA + OMS 

U.S. DEPARTMENT OF TRANSPORT A TJON 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

W J\SHINGTON, D.C. 

In the Matter of Daniel Johnathan Sterling-· 

2011EA030050 

Judge Not Assigned 

NOTICE OF APPEARANCE 

~011/012 

Complainant, Federal Aviation Administration, hereby notjfies the United States 

Department of Transportation, Office of Hearings, and the Respondent, pursuant to 14 

C.F .R. § 13 .204(b ), that it sha11 be represented in the above-stated action by the following 

attomey: 

Leonid Talisman 

.Federal Avjation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3403 

Facsimile: 718 995-5699 

All communications, notices, pleadings or documents arc respectfully requested to be 

forwarded as follows: I 

I ,eonid Talisman 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 
07/19/2012 17:40 FAX 2024935142 

Telephone: 

Facsimile: 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

FAA 

718 553-3403 

718 995-5699 

Dy: 

-leonid k~'"c6 Talisman 

Attorney 

CERTIFICATE OF SERVICE 

.- OMS ~012/012 

1 hereby certify that on this day copies of the foregoing Notice of Appearance were placed 

in the United States mail, postage prepaid, Certified Mail - Return Receipt Requested 

addressed as follows: 

Daniel Johnathan Sterling 

140 Jamison Lane 

Monroeville, PA 15146 

Federal Aviation Administration (Original and one copy) 

800 Independence A venue, S. W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

JUL - 6 . Date: ·------- JoanJfahef 

Management & Program Analyst 

Oflice of Regional Counsel 

1 A '\dation Plaza 

Jamaica, NY 11434 

2