05/05/2012 09:45 7812387055 FAA NE REGIONAL CNSL PAGE 02/05 

u.s. Deportment 

of Transportation 

New England Region 

Office of the Regional Counsel 

12 New England Executive Park 

Burlington, MA 01603-5299 

Federal Aviation 

Administration 

FACSIMILE & U.S. FIRST CLASS MAIL 

Hearing Docket 

Federal Aviation AdminJstr.ation 

800 Independence Avenue, SW 

Wilbur Wrigh~ Building, Suite 2Wl000 

Washington, PC 20591. 

Attention: Hearing Docket Clerk, AGC430 

In the Matter of Daniel Quinonez 

Telephone: (781} 238-7058 

FAX: (781) 238"7055 

Docket No. CP- / 

Case No. 2012EA610020 /F'ffi ()_~I d.- 0'-173 b2,(:) lQ\ -AU)I\ .. C.,ft>- Qq'#'S~ 

Dear Sir or Madam: 

Enclosed are an original and one copy of the complaint in the above-referenced proceeding. 

The FAA req,uests that the hearing in this matter be held in Boston, MA., and expects that the 

hearing will last one to two days. 

Please serve all documents in this matter on the undersigned FAA attorney at 12 New England 

Executive Park~ ANE·7~ Burlington, Massachusetts 01.803 .. 

Sincerely, 

R.BENNETTSARGENT 

Attorney 

Enclosures 

cc: Mr. Daniel Quinonez 
05/05/2012 09:45 

In. the matter of! 

7812387055 FAA NE:: REGIONAL CNSL 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

DANIEL QUINONEZ. 

}. 

JUDGE NOT~ASSIGNED t,· 

FAA Docket No. CP-

(Civit Penalty Action.) 

Date: June 5, 2012 

COMPLAINT 

PAGE 03/05 

The Federal Avi.adon Administration (FAA) files its complaint, under Rule 208 of the 

Rules ofPractice in FAA Civil Penalty Action.s, 14 CFR §13.208, and states the following: 

I. 

Respondent Daniel Quinonez 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 May 11, 

2012, Respondent submitted a written req,uest for a hearing. 

II. 

1. On. or about January 10, 2012~ you were a passenger on Southwest Airlines, flight 

366 from. Baltimore, 1\ID to Providence, RI, a flight conducted under part 121 of the 

Federal Aviation Regulations (Title 14~ Code of Federal Regulations). 

2. At all relevant times, "No Smoking1

' signs were illuminated and posted. 

3. Additionally, during said flight, as part of the pre-departure instructional safety 

briefing, a flight attendant announced that smoking was prohibited on flight 366. 

4. After the boarding process was complete, and contrary to the no-smoking 

announcement, you smoked a cigarette in the aft aircraft lavatory. 

5. By reason of the foregoing facts and circumstances, respondent violated the following 

sections ofthe Federal A.vjation Regulations (Title 14, Code ofFederal Regulations): 
05/05/2012 09:45 7812387055 FAA NE REGIONAL CNSL PAGE 04/05 

a. Section 121.317(g), in that you smoked while a "No Smoking" sign. was lighted 

or while ~'No Smoking" placards were posted; 

b. Section 121.317 (h), in. that you smoked in an airplane lavatory; and 

c. Section 12l.317(k), in that you failed to comply w:i.th instructions given to you by 

---------,a"'c""r""'"ewmember-regarding eompH-anee-with-para-grapJ:ts-W-and-(h.}-efsection-------

1.21.317. 

III. 

6. Under 49 U.S. C. §46301, respondent is subject to a civil penalty for each of the 

violations alleged. The maximum penalty per violation, as adjusted under 14 C.F.R. 1.3.305, is 

$11;000. ·:,: 

t: 

7. Un.der the facts and circumstances of this case, a civil penalty o:f$1 ,100 is ~ppropriate. 

WHEREFORE, Complainant respectfully requests that the administrative law judge enter 

an order that respondent be assessed a civil penalty in tbe amount of$1,100. 

Respectfully submitted this 5th day of June, 2012. 

CHRISTOPHER POREDA 

Regional Counsel 

By: 

R.BENNETTSARGENT 

Attorney 

Federal Aviation Administration 

Office of the Regional Counsel 

1.2 England Executive Park 

Burlington., MA 01803 

Tel: 781-238-7058 

Fax: 781~238~7055 
05/05/2012 09:45 7812387055 FAA NE REGIONAL CNSL PAGE 05/05 

CERTIFICATE OF SERVICE 

I certify that the foregoing complaint has been mailed this date by Certified Mail, Retunt 

Receipt Requested, to: 

Respondent 

--------------------------------~r~an~~n~~----------------------------------­

c/0 Frances Vargas 

1012 Eastern Avenue 

Fall River, MA 02723 

And 

I certify that the foregoing complaint has been sen.t via facsimile and by U.S. First class 

Mail this date to: 

Hearing Docket 

Federal Aviation Administration (Original and One copy) 

800 Independence Avenue, SW 

Wilbur Wright Building-Suite 2Wl 000 

Washington, DC 20591 

Fax: (202) 493-5142 

Attn: Hearing Docket Clerk, AGC-430 

Paralegal/Management Program Analyst