U.S. Department Eastern Region 

of Transportation Regional Counsel 

Telephone; 718 553-3255 

Federal Aviation Facsimile: 718 995-5699 

Administration 

SEP 8 20l] 

CBRTIFrED MAir. - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

1 Aviation Plaza 

Jamaica, NY 11434 

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ATTN: HEARING DOCKET CLERK 

Re: In the Matter of Clifford Press / ^ | ('(\jo f\ -QJ ^ \ Cj ^ ^ 

Docket No. 2011EA150045 / ^ ,,;.. . 

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 New York City, New 

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

Please address all communications for the Federal Aviation Administration to the 

attention of Judith L. Vaughan, Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr 

Regional Counsel 

By: c^^£^^^!_2^f^^^f^ 

/^/dithL.^ughan ~7/ 

.'Attnmp v 

• • - -•.'.^rt V 

r';M •'. 2011 

Attorney 

Enclosures 
Regional Counsel for ihc Eastern Region Date f /S^/T K / ^ [A 

Federal Aviaiion Ailminislralion \ j 

I Aviaiion Plaza 

Jamaica. NY 11434 

Cliftorcl Press- 2011F.A 150045 

Subject: Final Notice of Proposed Civil Penalty 

Response Attachment 

In reply 10 your Final Noiicc of Proposed Civil Penalty. I elect to proceed us indicated by my check mark beside the numbered 

paragraph below: 

1 {_) I hereby submit the amount of the proposed civil penally with the understanding that an Order Assessing Civil Penalty will 

be issued in that amount. 

^•U hereby request a formal hearing in accordance wiih Section 13 16 of ihc Federal Aviation Regulations. 

By sending this forni to thr Federal Aviation AdminisirJlion, En.stcrn Region, I also hereby 

certify that a copy of this forin has been Hied with the Hearing Docket Clerk (Hearing Docket. 

Federal .Aviation Administration, 800 Independence .Avenue, S.W., Room 924A, Washington, 

DC 20591, Attention: Hearing Doekct Clerk). 

** Please note ihni vou will not be cntiiied to a hearing if you file this form with the Federal Aviation AdminisirationEaslcm Regioa 

WITHOUT having tiled this form or a written rcquirst for a hearing with the HEARNG DOCKET CH;RK. 

MY ATTORNEY/REPRESENTATIVE ~ 

' i V ' "-i^'V I - 9 <7 Z Address: y'•~'}-'^'! ' /\^d6-c-'^-Ai> ) _ 

Signature 

Address: ^ 

PRIVACY ACT NOTICE 

•^ rip ' -^^'].o[ 

This notice is provided in accordance with Section {e)(3) of the Privacy Act, 5 U.S.C. §552a(e)(3). -and concerns ihc information 

requested in the letter or form wiih which this Notice is enclosed. 

-A. Authority. This information is solicited pursuiint to 49 U.S.C.I 101 et scg., and regulations issued thereunder 

codified ir\ Pan 13 of Title 14 of the Code of Federal RcguliHions. Subniission of the telephone number is 

voliiniary. The request for inforin.ition i.s intended to provide you with un opportunity to participate in the 

investigation 

B Prmcipii! Purpose. The requested iiiformaiion is intended to assist us in contacting you reg;irding this 

enforcement ease. 

C. Routine Uses. Records from this system of records may be disclosed in accordance with the routine uses ;is 

ihcy appear in System of Records No. DOT/FAA S47 as published from time to iime in iheFederal Recisier. 

D. [iffect of Failure to Respond, if you do not provide the requested infonnaiion, there may be delay in contacting 

you rcgiirding this enforccmenl case. 

RECEIVED-AEA-007 

S::P G 20il 

LTS 

EIS. 

CRTS „ 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON. D.C. 

In the Matter otXlifford Press 

2011EA150045 

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: 

Respondent, Clifford Press, 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 

September 1, 201 L Respondent submitted a written demand for a hearing. 

II 

1. On or about March 27, 2011, you were a passenger onboard United Airlines 

Flight Number 341 from Denver, Colorado to Flushing (LaGuardia Airport), 

New York (hereinafter "the flighf'). 

2. During the flight, you failed to fasten your safety belt about you and keep it 

fastened while the FASTEN SEAT BELT sign was lighted. 
3. Specifically, during the climbout phase of flight, the FASTEN SEAT BELT 

sign was lighted. 

4. NotAvithstanding that the FASTEN SEAT BELT sign was lighted, you 

walked to the rear of the aircraft with trash. 

5. You failed to comply with instructions given to you by crewmembers 

regarding fastening your safely belt about you and keeping it fastened while 

the FASTEN SEAT BELT sign was lighted. 

6. Spec!locally, you were instmcted to return to your seat by a flight 

crewmember. 

7. In response, you stood extremely close to the flight crewmember, argued 

with her and blocked the aisle preventing her from walking past you. 

8. Thereafter, you dropped your trash at the tlight crewmember's feet. 

9. As a result of your disruptive behavior, the Captain of the aircraft was 

notified and a Level 1 securit>' alert was declared. 

10. Your cumulative actions caused a flight crewmember to contact law 

enforcement ofilcers to meet the aircraft upon landing. 
11. As a result of the above, you intimidated and interfered with tlight 

crewmembers in the performance of their duties aboard the aircraft. 

in 

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

following section(s) of the Federal Aviation Regulations: 

a. Section 121.317(f), which states that each person required to occupy a 

seat or berth shall fasten his/lier safet)' belt about him/her and keep it 

fastened while the "FASTEN SEAT BELT" sign is lighted. 

b. Section 121.317(k), which states that each passenger shall comply 

with instructions given to him or her by crewmembers regarding 

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

c. 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. 

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 penalt>' of $1,100 is 

appropriate. 

WFIEREFORE, 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. .fohnson, Jr. 

Resional Counsel 

Attorney 

Federal Aviation Administration 

1 Aviaiion Plaza 

Jamaica, NY 11434 

718 553-3255 

718 995-5699-

NOTE: 

The Rules of Practice for this proceeding arc 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)). 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARJNGS 

WASHINGTON, D.C. 

In the Matter of Clifford Press 

201 lEA 150045 

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, Clifford Press, 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 

September 1, 2011, Respondent submitted a written demand for a hearing. 

II 

1. On or about March 27, 2011, you were a passenger onboard United Airlines 

Flight Number 341 from Denver, Colorado to Flushing (LaGuardia Airport), 

New York (hereinafter "the flight'^ 

2. During the flight, you failed to fasten your safety belt about you and keep it 

fastened while the FASTEN SEAT BELT sign was lighted. 
3. Specifically, during the climbout phase of flight, the FASTEN SEAT BELT 

sign was lighted. 

4. Notwithstanding that the FASTEN SEAT BELT sign was lighted, you 

walked to the rear of the aircraft with trash. 

5. You failed to comply with instructions given to you by crewmembers 

regarding fastening your safety beU about you and keeping it fastened while 

the FASTEN SEAT BELT sign was lighted. 

6. Specifically, you were instructed to return to your seat by a tlight 

crewmember. 

7. In response, you stood extremely close to the flight crewmember, argued 

with her and blocked the aisle preventing her from walking past you. 

8. Thereafter, you dropped your trash at the flight crewmember's feet. 

9. As a result of your disruptive behavior, the Captain of the aircraft was 

notified and a Level 1 security alert was declared. 

10. Your cumulative actions caused a flight crewmember to contact law 

enforcement officers to meet the aircraft upon landing. 
11. As a result of the above, you intimidated and interfered with flight 

crewmembers in the performance of their duties aboard the aircraft. 

Ill 

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

following section(s) of the Federal Aviation Regulations: 

a. Section 121.317(f), which states that each person required to occupy a 

seat or berth shall fasten his/her safety belt about him/her and keep it 

fastened while the "FASTEN SEAT BELT" sign is lighted. 

b. Section 121.317(k), which states that each passenger shall comply 

with instructions given to him or her by crewmembers regarding 

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

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

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

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

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 $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 

By: c^^l^^^^^^^^^^f^ 

/iuditliCLf Vaughat^ 

'/ Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3255 

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)). 
CERTIFICATE OF SERVICE 

I hereby certif)' 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: 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: H^earing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

Kathleen A. Yodice 

Yodice Associates 

411 Aviation Way, Suite 245 

Frederick. MD 21701 

T^ . SEP 3 2011 1 ~ P ^ 

Marianna Perero 

Paralegal Specialist 

Federal Aviation Administration 

Office of Assistant Chief Counsel 

1 Aviaiion Plaza 

Jamaica. NY 11434