< s^ 

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

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

Federal Aviation Telephone: (310)725-7105 

Administration Facsimile: (310)725-6816 

OCT 2 7 2013 

CERTIFIED MAIL - RETURN RECEIPT REOUESTliD .3 

Federal Aviation Administration IJJ -OSL^S: 

800 Independence Avenue, SW -^ S^- ^ 

Washington, DC 20591 ^ —o O 

Atui: Hearing Docket Clerk, AGC-430 ~ ^^" ^ 

Wilbur Wright Building - Suite 2W1000 uj c/^ 

Re: In the Matter of Si Ping Ye; Case No. 2009EA190129 

Enclosed is a copy of Complainant's First Amended Complaint, submitted pursuant to 14 C.F.R. 

§ 13.214. The First Amended Complaint is substantively identical to the original, except that in 

Section III, the alleged violation of 14 CF.R. § 121.317(b) has been dropped and replaced with 

alleged violations of § 121.317(f) and (k). Accordingly, the First Amended Complaint conforms 

tlie regulatory violations to the facts'allfegcd in the original Complaint. Also, in Section IV, a 

statement was added specifying that; under*^14 C-F.R. part 13, subpart H, Respondent is subject to 

a civil peaalty not to exceed $27,500 for each of the 49 U.S.C. violations allegedSection 13.214(b)(1) provides that "[n]ot later than 15 days before the scheduled date of a 

hearing, a party may amend a complaint or an answer without the consent of the administrative 

law judge." Ihis amendment is timely under § 13.214(b)( 1) because the hearing date has not yet 

been set, 

' • ..•:•. • _ • • ••• • . • • • ,• • . j^ y • , ; 

Please address all conununicatibns for^ the Regional Counsel of the Western-Pacific Region, to 

the undersigned, at: Office of the Regional Counsel, AWP-7, Federal Aviation Administration, 

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Western-Pacific Region, P. O. Box 92007, Los Angeles, CA 90009-2007, Telephone: (310) 

725-7105, FAX: (310)725-6816. 

Sincerely, 

Naomi Tsuda 

Regional Counsel 

By: ^^:::^&M'-'-'ir'^ ^(Afk 

CKi^istophefl. Merrill 

Attorney 

Enclosures; First Amended Complaint; Certificate of Service 

NOTE TO RESPONDENT: 14 C.F.R. § 13.214 PROVIDES TIUT TIIE ADMINISTRATIVE 

LAW JUDGE SHALL ALLOW A REASONABLE TIME, BUT NOT MORE THAN 20 DAYS 

FROM THE DATE OF FILING, FOR OTHER PARTIES TO RESPOND IF AN 

AMENDJ/IENT TO A COMPLAINANT HAS BEEN FILED. 

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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of: 

FAA DOCKET 

Si Ping Yc 

FAA CASE NO. 2009EA190129 

Respondent 

.TUDGE RICHARD C. GOODWIN 

FIRST AMENDED COMPLAINT 

The Complainant files her First Amended Complaint, pursuant to 14 C.F.R. 13.208(b)(lX and 

states as follows; 

I. 

Respondent, Si Ping Ye, was advised through a Final Notice of Proposed Civil Penalty that the 

FAA proposed to assess a civil penally in the amount of $9,100. On September 22,2010, 

Respondent submitted a written demand for a hearing. 

11. 

1. On or about September 1, 2009, you were a passenger on U.S. Airways Flight 567, on a 

flight between Seattle. Washington and Phoenix, Arizona. 

2. During the above-described flight you were abusive, threatened flight attendants, and 

refused to follow crewmember instructions. 

3. Specifically, during the above described flight you; 

a. spat in the face of a flight attendant; 

b. refused to take your seat after flight attendants made numerous requests for you to 

return to your seat, when the "fasten seatbelt" was on and was accompanied by 

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the audio signal; 

c. were non-responsive to tlight attendants' ntmierous requests to follow pre-landing 

instructions; and 

d. screamed at flight attendants. 

4. During the above-described flight, your conduct caused the flight crew to request 

that law enforcement officers meet the flight, upon its landing in Phoenix, 

Arizona. 

5. As a result of the above, you assaulted, intimidated, or interfered with a 

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

being operated under 14 C.F.R. § 121. 

6. As a result of the above, you physically assaulted or threatened to physically 

assault a member of the flight crew or cabin crew of a civil aircraft or any other 

individual on the aircraft, or took an action that posed an imminent threat to the 

safety of the aircraft or other individuals on the aircraft. 

III. 

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 passenger required by § 121.311 (b) to 

occupy a seat or berth shall fasten his or her safety belt around him or 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 a crewmember regarding compliance -wiih paragraphs (f), (g), 

(h), and (I) of this section; 

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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; 

D- 49 U.S.C, §46318(a), which states that an individual who physically assaults or 

threatens to physically assault a member of the flight crew or cabin crew of a civil 

aircraft or any other individual on the aircraft, or takes any action that poses an 

imminent threat to the safety of the aircraft or oUier individuals on ihe aircraft i.-; 

liable to the United States Government for a civil penalty of not more than $25,000. 

IV. 

1. Pursuant to Title 49 U.S.C. Section 46301, Respondent is subject to a civil penalty not to 

exceed $11,000.00 for each of the 14 CFR violations noted. 

2. Pursuant to 14 C.F.R. part 13, subpart 11, Respondent is subject to a civil penalty not to 

exceed $27,500 for each of the 49 U.S.C. violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of $9,100 is appropriate, 

WHEREFORE, the FAA, by counsel, respectftiUy requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $9,100. 

Christopher I. Merrill 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

DATED: October 25,2010 

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CERTIFICATE OF SERVICE 

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

mail, postiigc prepaid, certified mail - return receipt requested, the executed original of the First 

Amended Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue. SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Facsimile: (202) 493-5142 

I hereby certify that on this date I have sent by facsimile where indicated and placed in 

the United States mail, postage prepaid, certified mail - return receipt requested, a copy of the 

First Amended Complaint, addressed as follows: 

Robert H. London 

9550 Flair Drive, Suite 301 

El Monte, CA 91731 

Facsimile; (626) 575-3553 

Si Ping Ye 

352 Dearfield Drive 

Walnut, CA 91789 

Dated; CCi i - i^01j 

Jefferey Kamoerg 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California 

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