01/25/2012 13:10 FAX 3107256816 AWP-7 141001 

Federal Aviation 

Administration 

Hearing Docket Clerk, AGC-430 Office of the Regional Counsel, AWP-7 

To: PO Box92007 

~e: 

Fax: (202)493-5142 

From: Adam Runkel ~· FAAAttomey, AWP-7.12 ----'-· 

Date: 

January 25, 2012 

10 

Pageo; wtcover: 

0 Per your Request 

D For Coordination 

NOTES/COMMENTS: 

Los Angeles, CA 90009-2007 

Telephone: (310) 725-7142 

Facsimile: (310) 725-6816 

Email: 

Facsimile 

Description of item being transmitted: 

Complaint 

D For Review 0 Please Comment 

.X Hard Copy to Follow via US MAIL 

RE: Administrator, FAA v. Conrad Rzewuski, FAA Case No. 2011WP070186 

The information contained in this facsimile message is intended for the use of the designated addressee only. 

The information transmitted may be subject to the attorney-client privilege or may be protected under the Privacy 

Act. If you are not the designated addressee and you receive this document through inadvertent error, any further 

review, dissemination, distribution or copying of this communication is strictly prohibited. IF YOLI RECEIVE THIS 

COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONING (310) 725-

71 DO AND DESTROY THE ORIGINAL OF THIS COMMUNICATION. Thank You. 

0 U.S, CopartmentofTrsnsport~don 
01/25/2012 13:10 FAX 3107256816 AlVP-7 1{1] 002 

U.S. Department Western-Pacific Region P.O. Box 92007 

ofT ransporta1ion Office of the Regional Counsel Los Angeles, CA 90009-2007 

Federal Aviation 

Administration 

JAN 25 2012 

Telephone: (31 0) 725-7142 

Facsimile: (310) 725-6816 

CERTIFIED MAIL- RETIJRN RECEIPT REQUESTED and FACSIMILE 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-- Suite 2Wl 000 

Re: In the Matter of Conrad Rzewuski; Case No. 2011 Wl'070186 

Enclosed are a copy of a request for hearing dated January 13, 2012, and the original and 

one copy of the Complaint in the above-referenced proceeding. 

I request that the hearing in this matter be held in the Phoenix, Arizona 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: Office of the Regional Counsel, A WP-7.12, Federal Aviation 

Administration, Western-Pacific Region, P. 0. Box 92007, Los Angeles, CA 90009-2007, 

Telephone: (310) 725-7142, FAX: (310) 725-6816, 

Sincerely, 

NAOMI TSUDA 

Regional Counsel 

By: kZil 

Adam Runkel · 

Attorney 

Enclosures: Request for Hearing; Complaint; Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT 

LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER. A MOTION MAY BE FILED PURSUANT 

TO SECTION 13.208(D) OR SECTION l3.218(F)(l-4) OF THE RULES OF PRA..CTICE. 
01/25/2012 13:10 FAX 3107256816. AWP-7 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Attention: FAA attorney Adam Runkel 

Regarding case No. 2011 WP0701 S6 

i4J003 

.... • .. 

:·- ,· ' ·, ~-... ' .. ' 

"" ....... ~. ····- ., .. ''"" '"'. -- ' 

I am requesting a hearing to be held at either tbe Phoenix CMO (Certificate Management 

Office) or Scottsdale FSDO (Flight Standards District Office). I have enclosed il copy of 

my request for a hearing. This letter will be sent to the FAA Hearing Docket Clerk and to 

the FAA attorney _ 

// /" 

~. 

/ . ~- _./-z='~ 

Conrad Rzewuski 
01/25/2012 13:10 FAX 3107256816 AWP-7 lilJ 004 

REPLY TO NOTICE OF PROPOSED CIVIL PENALTY 

For Companies, Security Cases, and lmlividuals: Other than_.those.acting-il') the 

capacity of a pilot, mechanic, flight engineer ?fi:~l'a!~m:~n- ·_: •._ • .\ -' ·. _ 

Regional Counsel for the Western-Pacific Region I \, ,;.::":\ ',: --- _------- -------- ' I _ 'i 

Federal Aviation Administration, AWP-7. /2- ii, L1 . .::. i · ----

P.O. Box 92007 '- 1--~-------·- ----------

Los Angeles, CA 90009-2007 11 F"EC/;• .. _ :•.\ ' 1.~~~~··-'···-·-. .. ·-··--~,._, ..... 

Subject: Notice of Proposed Civil Penalty 

In reply to your Notice of Proposed Civil Penalty, I elect to proceed as indicated by my 

check mark beside the numbered paragraph(s) below: 

1. [ ] I hereby submit the amount of the proposed civil penalty with the 

understanding that an order assessing civil penalty will be issued in the amount without 

further notice, and that I waive my right to a hearing. 

2. [ ] I hereby submit evidence arid information, demonstrating that a violation of 

the regulations did not occur or that the amount of the penalty is not warranted by the 

circumstances. 

3. [ ] I hereby submit information and records showing that I. am financially unable to pay 

the proposed civil penalty, or that payment ofthe penalty would prevent me from continuing in 

business. · 

4. [ ] I hereby request that a civil penalty be assessed in the amount of$ 

and I subrnit the reasons for the reduction of the proposed amount. My request constitutes 

my agreement that if this offer is accepted bJi the FAA, an Order Assessing Civil Penalty in 

that amount may be issued without further notice and I waive my right to a hearing. 

5. [ ] I hereby request an informal conference that will be held at the Office of 

the Regional Counsel, Hawthorne, California, or , 

(a mutually convenient location) in order to discuss this matter with the attorney in ch~rge 

of this case and to present evidence and information on my behalf. 

6. [ ] I hereby request that the FAA impose a civil penalty without making the findings of 

violations, and submit my reasons. My request constitutes my agreement that ifthis offer is 

accepted, a Compromise Order will be issued in that amount and I waive my right to a 

hearing. 

AW"-1 FORM 2150-25 (12106 Edition) 
01/25/2012 13:10 FAX 3107256816 AWP-7 

7. [ 1 I hereby claim entitlement to a waiver of penalty under the Aviation Safety 

Reporting Program and enclose evidence that a timely report was filed. As to the 

allegations of fact and violations: 

?a. ( 1 I request that an Order Assessing Civil Penalty be issued and warve rny 

right to a hearing. 

7b. [ 1 I re(J1est a hearing in this matter in accordance with paragraph 8. 

8. [l_/ I hereby request a hearing in accordance with Subpart G of Part 13 .Jfthe 

Federal AViation Regulations with J.~~ u~derstanding that a Complaint will be filed. I 

request that the hearing be held in "1-'rvefl.r"i./sc:e~le PrZ. . I am sending this 

request both to the FAA attorney and td the Federal Aviation Administration. 800 

Independence Ave., , Washington, D.C. 20591, Attention: Hearing Docket Clerk, 

AGC-43D, Wilbu Buil . , Suite 2W1000. 

Name: 

Address: f-36V, CI V;o.. del so/ 

{otenJ.a..(e,. 1lZ ;?b".sto 

Telephone: __:~:::..__2._3_-4_5_:..{_-_b__:J:.:&"_t_.,_f __ _ 

Date; I - (3- I?... 

C N t} o 11 lJ Po t-o n G ase o. :__,J-':::-....:.:-.:.:~_.::_..:....:::~~----

( J I request that future documents in this case be sent to: 

Name: 

Address: 

Telephone: 

AWP-7 FORM 2150-25, Page 2 of 2 (12/06 Edition) 

141005 

2. 

I 

I 
01/25/2012 13:10 FAX 3107256816 AWP-7 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

W ASH.INGTON, DC 

In the Matter of Conrad Rzewuski: 

FAA DOCKET UNASSIGNED 

FAA CASE NO. 2011WP070186 

Respondent 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of Practice 

(14 C.P.R. 13.208), and states as follows: 

I. 

!iii 006 

Respondent, Conrad Rzewuski was advised through a Final Notice of Proposed Civil 

Penalty, dated December 30,2011, that the FAA proposed to assess a civil penalty in the 

amount of$7,700.00. On January 13,2012, Respondent submitted a written request for a 

hearing. 

II. 

1. On or about July 6, 2011, at approximately 2230 local time, Respondent 

struck a Phoenix Police helicopter that was flying near Phoenix, Arizona, 

with a beam of light from a laser pointer. 

2. The beam of light interfered with a crewrnember in the performance of the 

crewrnember's duties aboard that aircraft. 
01/25/2012 13:11 FAX 3107256816 AWP-7 141007 

3 

III. 

By reason of the foregoing circumstances, Respondent violated section 91.11 of the 

Federal Aviation Regulations (Title 14, Code of Federal Regulations), which states that no 

person may interfere with a crewmember in the performance of the crewmember'o duties 

aboard an aircraft being operated. 

IV. 

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

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

2. Under the facts and circumstances of this case, a civil penalty of$7, 700.00 is 

appropriate. 

WHEREFORE, the Complainant, respectfully requests that the Administmtive Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $7,700.00 

Respectfully submitted, 

Adam 

.~211 Runkel 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Westem-Pacific Region 

DATED: JAN 25 2012 
01/25/2012 13:11 FAX 3107256816 A\VP-7 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of Conrad Rzewusld: 

FAA DOCKET UNASSIGNED 

FAA CASE NO. 201JWP070186 

Respondent 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, pursuant to Ru1e 208 of the Ru1es of Practice 

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

I. 

lill 008 

Respondent, Conrad Rzewuski was advised through a Final Notice ofProp::>sed Civil 

Penalty, dated December 30, 2011, that the FAA proposed to assess a civil penalty in the 

amount of$7,700.00. On January 13,2012, Respondent submitted a written request for a 

hearing. 

II. 

1. On or about Ju1y 6, 2011, at approximately 2230 local time, Respondent 

struck a Phoenix Police helicopter that was flying near Phoenix, Arizona, 

with a beam of light from a laser pointer. 

2. The beam of light interfered with a crewmember in the perforrna.nc·3 of the 

crewmerober's duties aboard that aircraft. 
01/25/2012 13:11 FAX 3107256816 AWP-7 liil 009 

3 

III. 

By reason of the foregoing circumstan<:es, Respondent violated section 91.11 of the 

Federal Aviation Regulations (Title 14, Code of Federal Regulations), which states that no 

person may interfere with a crewmember in the performance of the crewmember's duties 

aboard an aircraft being operated. 

IV. 

1. Pursuant to Title 49 U.S.C. Section 4630l(a)(S)(A), Respondent is subject to 

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

2. Under the facts and circumstances of this case, a civil penalty of $7,700.00 is 

appropriate. 

WHEREFORE, the Complainant, respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of$7,700.00 

Respectfully submitted, 

Adam 

-~211 Runkel 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

DATED: JAN 25 2012 
01/25/2012 13:11 FAX 3107256816 AWP-7 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by facsimile and placed in the United 

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

and one copy of the Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright B~1ilding-Suite 2Wl000 

Facsimile: (202) 493-5142 

I furthe• certify that on this date I have placed in the United States mail, postage 

prepaid, certified mail- return receipt requested, and regular mail, a true copy of1he 

Complaint, addressed as follows: 

Dated: 

Conrad Rzewuski 

7360 W. Via Del Sol 

Glendale, AZ 85310 

JAN 25 2012 

JeffKanlberg~~ cz~«~ Tec~ci~ (/ 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California 

li1l 010 

4