02/18/2010 10:00 FAX 2024935142 FAA * DMS glOOI/003 

In Reply 

Refer to : AGL-7H 

2009-GL-23-0105 

f w ^ lijurf' 

r.:3 • : 2010 

'•^^••/-^'^'Q DOCKET 

Area Code 847/254-7109 

CERTIFIED & REGULAR MAIL 

Mr, Kyle Gutches 

503 0 SW 88'='' Terrace 

Fort Lauderdale, FL 33328 

ORDER ASSESSING CIVIL PENALTY 

On December 15, 2009, you were advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil 

penalty in the amount of $1,10 0. 

After consideration of all the available information, and based on 

an agreement berween the parties, it has been determined rhat: 

1. On or about June 26, 2009, you were a ticketed passenger 

on Spirit Airlines Flight Number 174, from Fore 

Lauderdale, Florida to New York, New York. 

2. The flight was designated a no-smoking flight. 

3. During the course of that flight, you smoked a cigarette 

in the aircraft lavacory. 

4. You smoked a cigarette while the no smoking signs were 

illuminated, the no smoking placards were in place, and 

after the flightcrew had given the no smoking briefing to 

you and the other passengers. 

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

following Federal Aviation Regulations: 

a. Section 121.317(g) which prohibits any person from 

smoking while a "No Smoking" sign is lighted or if "Wo 

Smoking" placards are posted. 

b. Section 121.317(h) which prohibits any person from 

smoking in an airplane lavatory. 

c. Section 121,317(k) which requires that each passenger 

shall comply with instructions given co him or her by 
02/18/2010 10;01 FAX 2024935142 FAA * QMS i!002/003 

crewmembers regarding compliance with paragraphs (f), 

(g), and (h) of this section. 

NOW, THEREFORE, IT IS ORDERED, pursuant to Title 49 of the United 

States Code, Section 46301(d) (49 U.S.C. §46301(d)), that you be and 

hereby are assessed a civil penalty in the amount of $1,100. 

You are hereby ordered to pay, immediately, the assessed amount by 

mailing or delivering a certified check or money order in the amount 

of $1,100, payable to the "Federal Aviation Administration", to the 

Accounts Receivable Branch (AMZ-310-ACE/AGL), P.O. Box 25092, 

Oklahoma City, OK 73125. Please include, on the certified check or 

money order, the FAA case number {2009-GL-23-0105), which is located 

at the top of this Order. 

In the alternative, you may pay your civil penalty with a credit 

card, or a bank account debit, over the Internet. To pay 

electronically, visit the web site at https;//www.pay.gov. Under 

the Search Public Forms option, type in "FGL-FINEI." Click on 

"Civil Penalty Payments - Great Lakes Region". You must then 

complete the requested information and click "Continue." You will 

then be directed to enter your credit card or bank account debit 

information. To use the bank account debit, you will need your bank 

routing number, account number, and check number. 

The amount of civil penalty assessed in this Order constitutes a 

debt owed to the United States. You have now exhausted your right 

to seek review of the validity or amount of this debt. 

If this debt is not paid in full within 3 0 days of your receipt of 

this letter, the debt is considered delinquent. For delinquent 

debts, federal regulation (49 C.F.R. Section 8 9.23) requires us to 

charge interest, from the date of this Order, at a fixed annual rate 

of 2%, along with an administrative charge of $12.00 per month, 

representing our costs of administrative collection. Furthermore, 

if the full amount assessed is not paid in full within 120 days of 

receipt of this letter, we are required to assess an additional 

penalty at an annual rate of 6%, accruing from the date of 

delinquency. Delinquent debts may be reported to consumer reporting 

agencies or commercial credit bureaus, which could adversely affect 

your credit rating. Nonpayment of this debt may ultimately result in 

a referral to a collection agency, the Internal Revenue Service, or 

to the United States Department of Justice for enforced collection. 

Jeffrey A. Klang 

Regional Counsel 

By: 

Michael F. McKinley 

Senior Attorney 
02/18/2010 10:01 FAX 2024935142 FAA + DMS @l003/003 

c c : AMZ-310-ACE/AGL/AGL-FSDO (Insp . Gosnell ) 

AGL-7H;