U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

Christopher McCann 

FAA DOCKET NO. (not assigned) 

RECEIVED 

JUL 1 0 2014 

HEARING DOCKET 

(Civil Penalty Action) 

DMSNO.(notassigned)d0\1...\- Q y Q<::) 

FAA CASE NO. 2013-GL-15-0056 

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. Facts 

1. On August 16, 2013, Christopher McCann, Respondent, was a passenger on board 

an aircraft being operated by US Airways, under Part 121 of the Federal Aviation 

Regulations, as US Airways Flight 470, from Phoenix Sky Harbor International 

Airport (PHX) in Phoenix, Arizona, to Minneapolis-St. Paul International Airport 

(MSP) in Minneapolis, Minnesota. 

2. Respondent was initially seated in an exit row seat. 

3. After the aircraft door was closed, Respondent was instructed by a general 

announcement that all electronic devices, including cellular phones, must be 

turned off and put away at this time. (the first announcement) 

4. After the first announcement, a member of the cabin crew (Flight Attendant B or 

FA-B) approached Respondent and personally asked him to turn off his cellular 

phone. (the first personal request) 

5. After the first personal request, a member of the cabin crew made an additional 

announcement to the entire plane that all electronic devices were to be turned off 

and stowed. (the second announcement) 

6. After the first and second announcements and first personal request, FA-B again 

approached Respondent and, again, personally asked Respondent to turn off his 

cellular phone. (the second personal request) 

Page 1 of 3 
7. After the second personal request, a member of the cabin crew (Flight Attendant 

Cor FA-C) approached Respondent's exit row to conduct an emergency exit row 

briefing and, again, personally asked Respondent to turn off his cellular phone. 

(the third personal request). 

8. After she concluded her emergency exit row briefing, PA-C asked Respondent yet 

again to turn off his cellular phone. (the fourth personal request). 

9. After the fourth personal request, Respondent remarked "If we crash, we will all 

die anyway." 

10. PA-C asked Respondent to move from the emergency exit row. 

11. After initially refusing to move, Respondent did eventually comply and moved to 

another seat. 

12. Respondent's conduct, including his failure to tum off his portable electronic 

device, remarks regarding crashing and dying, and causing the Flight Attendant to 

relocate Respondent's seat, interfered with crewrnembers in the performance of 

their duties aboard the aircraft. 

13. After arriving at MSP, while passengers were deplaning, Respondent grabbed FAC's shoulder and squeezed her arm. 

14. Respondent told F A-C, "You have no idea who I am! I am going to hunt you 

down, and then you will have to wear cheap make up. I am going to ruin you. I 

will give you one more chance to apologize, but I will still find you." 

15. Respondent's conduct as described in paragraphs 13 and 14, including grabbing 

the Flight Attendant's shoulder, squeezing the Flight Attendant's arm, and 

Respondent's verbal remarks, constitutes a physical assault, threat of physical 

assault, or an action that poses an imminent threat to an individual on the aircraft 

pursuant to 49 U.S.C. § 46318. 

II. Sanction 

By reason of the foregoing facts and circumstances, Respondent violated Section(s) 14 

C.F.R. § 121.306 and 14 C.F.R. § 121.580 of the Federal Aviation Regulations as well as 49 

U.S.C. § 46318 of the United States Code. Pursuant to Title 49 of the United States Code, 

Section 46301 (49 U.S.C. §46301) and under the facts and circumstances of this case, a civil 

penalty of $8,000 is appropriate. 

Page 2 of 3 
WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an Order that Respondent be assessed a civil penalty in the amount of $8,000. 

Respectfully submitted this l st day of July, 2014. 

Briana Martino, AGL-7M 

Attorney, Federal Aviation Administration 

Great Lakes Region, AGL-7 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Email: briana.martino@faa.gov 

Phone: (847) 294-7313 

FAX: (847) 294-7498 

Page 3 of 3 
Sent on Behalf of Christopher McCann: 

I am responding to the letter I have received. I have spoken to my legal counsel 

because the sequence of events that have been presented to me are far exaggerated 

and have in many cases, shown a blatant disregard for the truth. I am requesting the 

following options which I have been requested to choose from: 

1. I am requesting a formal hearing because aspects of the proposed sequence are 

blatantly false. Please identified immediately the individual person who has made 

these accusations pertaining to the sequence of the events because at this current 

date correspondence I have received ~om the Regional Co~ns~I h<3:s Iaile(;l to state . . 

my accuser's full name. L-occ~hoA- Re.yest-. c::+.Clow,A.; M."MAe:.Sotv\ 

2. I have and can demonstrate financial harship. You have permission to notify me of 

reasonable documents that are required to provide to demonstrate this, at which time 

I will turn all correspondence over to my legal counsel. . ~;.-.T; ~~ *-; u··~ ~::::-c::r;::='\~.1 

i i '.··. ·-"'"-·:c:e::.J:::2. If .· I'L II L l • 1

U'! v 1 3 2014 i! Jj !'0 f.. ~' l b.,...,.J' 

. j____ ! 

i ;:_::FFiGE OF REGIGf'..t/\L COUNSEL 

,__ -~:id::!:~----' 
Sent on Behalf of Christopher McCann: 

3. During this experience I felt strongly discriminated against because of my race. I am 

of Hispanic descent and my father's name is Carlos Medina Garcia. I have black hair, 

dark brown eyes and tan skin (especially during the summer months which was when 

this experience occurred). Because of the racial discrimination that I received, I have 

spoken with my legal counsel and am prepared to pursue this act of inequality to the 

full extent of the law should the need arise. 

Date: ---'(r'-, _' 1_5_.:../_,L/___ J 

Signature of Christopher McCann: +/r~'- +'''!--· ___,L-/7~~"-/-/_• _C_-.=-_==:-______ _ [/4T 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

July 1, 2014 

In Reply 

Refer to: AGL-7M 

RECEIVED 

JUL 1 0 2014 

HEARING DOCKET 

Great Lakes Region 

2300 E. Devon Avenue 

Des Plaines, IL 60018 

Area Code 84 7/294-7313 

CERTIFIED 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Waslrington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

Re: Christopher McCann c{ 0 1 ~ - 0 Y Q 5 

FAA Case No.: 2013-GL-15-0056 

Enclosed herein please find a copy of Respondent's Response to the Agency's June 5, 2014 Final 

Notice of Proposed Civil Penalty and the original and one copy ofthe Complaint in the abovereferenced proceeding. 

Although the Agency is submitting the enclosed Complaint, the Respondent failed to properly 

perfect an appeal pursuant to 14 C.P.R.§ 13.16(h) by filing a hearing request with the hearing 

docket clerk. Therefore, this matter should be dismissed. 

If a hearing is to be scheduled, the FAA requests that the hearing in this matter be held in 

Mllmeapolis, MN, and expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned at: 

Federal Aviation Administration 

Regional Counsel (AGL-7) 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Enclosures: Request for Hearing 

Complaint 

cc: Respondent (w/copy of Complaint) 

SinceJ.ely, 

T,. 

"fX 

Briana Martino 

Attorney 
CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing Complaint by mailing the following 

copies, Certified Mail (Return Receipt Requested): 

Original and One Copy: 

One Copy: 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2Wl 000 

Christopher McCann 

109 4th Avenue North 

Sartell, MN 56377 

Dated this I st day of July 2014