U.S. Department ofTransportation Federal Aviation Administration In Reply

Refer to: July 21, 2014 AGL-7K 2014-GL-33-0029

CERTIFIED MAIL Hearing Docket, Federal Aviation Administration Attention: Hearing Docket Clerk, AGC-430 Wilber Wright Building- Suite 2Wl000 800 Independence Avenue, S.W. Washington, DC 20591 Great Lakes Region 2300 East Devon Avenue Des Plaines, Illinois 60018-4696

847 294-7713 

# RECEIVED JUL 30 2C14 HEARING DOCKET
Re: FAA Case No.: Ankitrarneshchandra Vyas 2014-GL-33-0029 Enclosed herewith please find the original and one copy ofthe Complaint in the abovereferenced proceeding. The FAA requests that the hearing in this matter be held in Chicago, Illinois, and expects that the hearing will last one day. Please address all communications for the FAA to the undersigned at: Chris G. Zurales Federal Aviation Administration Great Lakes Region, AGL-7K 2300 East Devon Avenue Des Plaines, IL 60018-4696 Phone (847) 294-7713 Fax (847) 294-7498 Sincere!

Senior Attorney Enclosures: Request for Hearing and Complaint
cc: Respondent (w/copy ofComplaint)U. S. Department ofTransportation Federal Aviation Administration InReply

Refer to: July 21,2014 AGL-7K 2014-GL-33-0029

CERTIFIED MAIL Mr. Ankitrameshchandra Vyas 44040 Laurel Canyon Way Fremont, CA 94539 Great Lakes Region 2300 East Devon Avenue Des Plaines, Illinois 60018-4696

847 294-7713 

# RECEIVED JUL 302014 HEARING DOCKET Re: Ankitrameshchandra Vyas FAA Case No.: 2014-GL-33-0029 DearMr. Vyas: 

# JO\Y- 0410 Enclosed herewithplease find one copy each ofthe transmittal letter and the complaint in the above-referencedproceeding. The FAA has requested thatthehearing inthis matter be held in Chicago, Illinois, and expects that the hearing will last one day. Youmust file a written answer to the Complaintnot later thanthirty (30) days after service ofthe Complaint. Service is defined in Section 13.211 oftheRules ofPractice in FAA CivilPenalty Actions (14 C.P.R. Section 13.211), a copy ofwhich was sent to you with the Notice ofProposed Civil Penalty. The answer must be dated and signei:l in accordance with Section 13.209 ofthe Rules ofPractice (14 C.P.R. Section 13.209).

Enclosures: Transmittal Letter Request for Hearing Complaint

## U.S. DEPARTMENT OF TRANSPORTATION Office ofHearings Washington, D.C.



# ______ RECEIVED Ankitrameshchandra Vyas FAA DOCKET NO. CP*not yet assigned* (EIR 2014-GL-33-0029)

(Civil Penalty Action) Administrative LawJudge *not yet assigned* 

# FD\'Y\'S '. 

# d C) \

# y,- 0 t_( \() COMPLAINT 

## JUL 30 2014 HEARING DOCKET

On June 27,2014, Respondent Ankitrameshchandra Vyas, (Vyas) was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$7,000.00, waiving payment of$3,000.00 based onVyas inability to pay. Vyas, has submitted a written request for a hearing, postmarked July 11,2014, which was received bythe Agency Attorney on June 15,2010. 

## I
The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: 

### 1. OnNovember 1, 2013, Vyas was a passenger on board an aircraft being operated by United Air Lines, Inc. (UAL), under Part 121 ofthe Federal Aviation Regulations, as UAL Flight 1206, from La Guardia Airport (LGA), New York, NewYork, to O'Hare International Airport (ORD), Chicago, Illinois. (the flight).2. Before departure announcements were made, by a member ofthe crew, instructing passengers to remain in their seats with their seatbelt fastened any time the fasten seat belt sign was illuminated.
3. Duringthe flight, as Flight 1206 was descending into the Chicago area, the pilot in command ofthe flight illuminated thefasten seat belt signs and an announcement was made for passengers to take their seats and fasten their seatbelt. 2

4. After the fasten seatbelt signs were illuminated and the announcement referred to in paragraph 3 were made Vyas left his seat and accessed the overhead storage bin. (the first violation). 5. In response to Vyas' failure to comply with the fasten seat belt instruction, another announcement was made for him to returnto his seat and fasten his seat belt. (the first warning).
6. Althov.gh Vyas tookhis seat inresponse to the first warning, he gotup from his seat again while the fasten seat belt sign was illuminated. (the second violation)
7. In response to his second violation a member ofthe cabin crew left their position seated with a safety beltto direct himbackto his seat. (the second warning) 8. Although Vyas tookhis seat inresponse to the second warning, he got up from his seat again while the fasten seat belt sign was illuminated multiple times and was warned again and again. (the third and subsequent violations and the third and subsequent warnings)
9. A number oftimes that Vyas left his seat incident to the third and subsequent violations, he movedtoward the front ofthe aircraft and the flight deck.10. As a result ofhis persistent and continued violations and his repeated movement toward the flight deck during the approach to landing phase offlight, the flight deck was called and assumed a heightened level ofsecurity and law enforcement was called to respond upon landing.
11. Vyas's conduct as described above interfered with the crewmembers, including the cabin crew and flight deck crew, ofUAL Flight 1206 inthe performance of their duties aboard the aircraft.
12. Vyas has demonstrated that he is unable to paythe $7,000.00 civil penalty originallyproposed. Byreason ofthe foregoing facts and circumstances, Vyas violated the**fo~lowing** Federal Aviation Regulations:

a. Section 121.317(f) which states inrelevantpartthat eachpassenger shall fasten his or her safety belt about him or her and keep it fastened while the "Fasten Seat Belt" signis lighted. b. Section 121.317(k), which states that eachpassenger shall comply with instructions given him or her by a crewmember regarding compliance with paragraphs (f), (g), (h), and (I) ofthis section.

c. Section 121.580 which states that no person may assault, threaten, intimidate, or interfere with a crewmember in the performance ofthe crewmember's duties aboard an aircraft being operated under this part. 

### 3

## II I. Pursuant to Title 49 ofthe United States Code, Section46301 (49 U.S.C. § 46301), Vyas is subjectto a civil penalty not to exceed $11,000.00 for each violation alleged. 2. Underthe facts and circumstances ofthis case, a civil penalty of$7,000.00 is appropriate. 4

STATEMENT OF WAIVEROF PENALTY: The FAA has determined that Vyas is entitled to a partial waiver ofpenaltybyreason ofhis demonstrated inability to pay the civil penalty as originallyproposed. Accordingly, the civil penalty sought inthis complaint, although remaining a matter ofrecord, will not actually be imposed. Based on Vyas's inability to pay the civil penalty, the FAA will waive payment ofany amount assessed greater than $4,000.00. WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an Orderthat Respondent Vyas be assessed a civil penalty in the amount of $7,000.00. Respectfully submitted this 21st day ofJuly 2014.

# ~~- -Chris G. Zurales

SeniorAttorney Federal Aviation Admiriistration Great Lakes Region, AGL-7K 2300 EastDevonAvenue Des Plaines, IL 60018 Phone: (847) 294-7713 Fax: (847) 294-7498

## Certificate ofService I hereby certify that the foregoing Complainthas been mailed this 21st day ofJuly 2014, by Certified Mail, Return Receipt Requested, to: Original and One Copy to: Hearing Docket Federal AviationAdministration 800 Independence Avenue, S. W. Room 924A Washington, DC 20591 (Attn: Hearing Docket Clerk)
One Copyto: Mr. AnkitrameshchandraVyas 44040 Laurel Canyon Way Fremont, CA 94539
Dated this 21'1day ofJuly 2014.

Karen Staten Paralegal Office ofthe Regional Counsel FAA Great Lakes Region 5Mr. Je£frey A Klang Mr. Chris G. Zurales Re£erence to:**~··\** 44040 Laurel Canyon Way Fremont CA I 94539**~inal** Notice of Proposed**Ci~il** Penalty 

### AGL
- 7K 2014
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### GL- 33
- 0029 I am writing to elect a proposed civil penalty. hearing to take place? Ankit Vyas request £or a formal hearing regarding the What are the possible venues £or this