& 

U.S. Department 

of Transportation 

Federal Aviation 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3268 

Facsimile: 718 995-5699 

CERTIHED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administi'ation 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building - Room 2014 

1 Aviation'PlazaTMENT Or 

Jamaica; N.YNrp433TAT!0ri ' , 

OCGKM OPERATIONS' 

m \ SEi^ - ! P V-32 

^ • ^ A'-^^ ^' ' ft 

••. \ 

m 1 •:•. i m 

V^SARING DOCKET 

ATTN: HEARING DOCKET CLERK • 

Re: In the Matter of Charles J. Dalton /.^ /^./^^ ^ r^rr-rt 

Docket No. 2010EA190049 / cJo(|-^0)^-^^^-i895 7 

Enclosed herein please find a copy of a request for hearing and the original and one 

copy of the FAA's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Philadelphia, PA 

area, and expects that the hearing will last one (1) day. 

Please address all communications for the Federal Aviation Administration to the 

attention of Stephen W. Brice, Office of the Regional Counsel. 1 Aviation Plaza 

Jamaica. NY 11434. 

Sincerely, 

Alfred R. Johnson. Jr. 

Regional Counsel 

By: 

Stephen W. Brice 

Attorney 

Enclosures 
Regional Couusei for ihc Eastern Region PJIC ')^ ^ctcM ZS\ \ 

PcderaJ AWDQCH Athnici^niicn 

I Aviation Pb a 

Jamaica, NY 1^434 

^ ., Charies J. Dalton-20I0EAI9«M9 

Snhjeci: Rna] N'odcc of ftnposed Civil Ptnallv 

Response Alt2chniciH 

In reply to yx a Final Nodcc « Vtopcecd Civil Penjfty. I do d ID piocfnl as intfirfed by my cfccui tzak teside tbc currberrd 

p-jngopb briers: 

I. (_) I hcni^f sahimx di£jacicumt of ijti)cpnif?a&fvl[ci''ii penally uiifa ibe imiEorstaiMliQg thai an Oitdfl-Aisesrsino Oiil I^:njl[y wilt 

; issisd L3 thai icamaiI hafCT Tcqucst a focnal heuina taa::ocEd3ace sidi Sodica 13.16 cfihcBtdEnl Avanaa [te^sLlaiiaas. 

Br L^cnding tbas terra lo tbe Federal Ananoa Adminislration, Eastern Etcetao, 1 aho bcrrby 

cntiTy that a copy of this fcpnn bas been Qrd nilh thr nearing Doclul Clerk (Ilearin]; Dockrt, 

Fcikial Aviaifani AdnnEastntcOD. SOO todzpHidairc Annne. S.W^ Itoota "VlAX, VFMlmqjtoa, 

DC :?059l. Alfoitioa: llcarini; Uocbet CIcrk)L 

' ' ITcnc ntKC itml ^<w "*iH noi be entitled tn a begins if \aa IHc this faim i.vith ibe Fcdeial Aviaiion Atlniinistialion. fjaytcm fteqicn. 

»/iniOt/rhima^njirfaIipfeBaar jgnnrnsm'caailiy aricatrtpgjitiihe IIEAltE<G1X)CKETCl-EKKMY A1TORNE:>VBEPRFSENTA'n\'K 

1 lomc dionc NbL 

Uiisincss WiMie No. 

Fiim: 

Address: _ 

PRIVACY ACT XOTTCE 

Tftis nt>tiL-r is fciviidcd a szcmAmce vidi Scuenu (cH3) of the nfvscy v^x 5 U-S.C. j552il'eK^). -^sd cciumiis tbe information 

requested in ibr bca- <ar finrni niiifa abicfa rias Nuitscc is rnrfaard. 

.A- Aolhoiiiv- Tliis infflimanim is soliciiad {lacsauiLlo 49 U..SC.IEOI a ^tq-„ and le^ijlaucas iuiaal tbatundcr 

oodiOcd u Pm 13 of TfiUc 14 of die Code of Fjdcial Regnbiioos. SnbniissKai <3f tbc iclcpbccf: oiunbcr is 

\gtm:giy. The r«p m t ^ infianunoa is iDTrrwIcd to pimide \TO with an cpppcadmity to participstc in :hc 

invcsD^noL 

B. I^incipal Rnposc- HBC ifn]acsiiHl iDronmiicii is intocded ID assist os im cuMiaaiog vnm lei^znlins this 

<:nfcrccmeDl casr. 

\). 

RncBn« ^'-ta, I^'o^::^ izcza tias system cT Ttcisifs ^loy ^ iSscIieed in atccidizce wiih iSx nroiisc uses as 

ihcy appm in SiniCBS tti Reconls No. DOT>FAA %17 as published Itnoi liinif (o ciirar in ite Ficderjl RC-J^SICT. 

Efloci qf Failme in Rffpcnd. If yoa do nol {amide ihr icqacsicd inftsnzuiai. ihoe ooy tr iSelay ia ctsEUciias 

\fia regu£:g :tis cniicirogisnfl caie. 

RECEIVED-AEA-007 

AUG - 1 2011 h-A' 

LTS _ 

EIS 

CRTS 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON. D.C. 

In the Matter of Chailes J. Dalton 

20 lOEA 190049 

Judge Not Assigned 

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 

Respondent, Chaiies J. Dalton, was advised through a Final Notice of Proposed Civil 

Penalty that tlic FAA proposed to assess a civil penalty in the amount of $27,500. 

On August L 2011. Respondent submitted a written demand for a hearing. 

II 

1. On or about March 17, 2010, you were a passenger on board US 

Airways Flight 722 from Philadelphia, Pennsylvania, to Dublin, 

Ireland. 

2. The flight described above was being operated under Paj'i 121 of the 

Federal Aviation Regulations. 
During the flight described above, you became agitated and verbally 

abused and placed your hands on a female flight attendant in a 

menacmg manner. 

4. During the flight described above, you assaulted a male flight 

attendant by striking him in the face. 

5. Cabin crew personnel had to turn from the performance of their duties 

to seek to control your dismptive behavior. 

6. The flight described above diverted to Gander, Newfoundland, 

Canada to disembaik you. 

7. By virtue of the foregoing, you assaulted, tlireatened, intimidated, or 

inierfered with a crewmembei' in the perfonnance of the 

crewmember's duties on board an aircraft being operated under Part 

121 of the Federal Aviation Regulations. 

Ill 

By reason of the foregoing facts and circumstances. Respondent violated the 

following seclion(s) of the Federal Aviation Regulations: 

a. Section 121.580. which states that no person may assault, threaten, 

intimidate, or interfere with a crewmember in the perfonnance of the 

crewmember's duties aboard an aircraft being operated under this pai't. 

IV 

1. Pursuant to 49 U.S.C. §46301(a)(5). Respondent is subject to a civil penalty 

not to exceed $11,000 for each of the violations allesed. 
2. Under the facts and circumstances of this case, a civil penalty of $27,500 is 

appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of $27,500. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: y(rc=z:^:^J, / n 

Stephen W. Brice 

Attorney 

Federal Aviaiion Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3268 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice pro\ide that Respondent must file a written 

answer to this Complaint, or a written Motion to Dismiss if appropriate, not 

later than 30 days after the date shown on the Certificate of Service. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Charles J. Dalton 

20 lOEA 190049 

Judge Not Assigned 

COMPLAINT 

The Federal Aviadon Administi'ation (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: 

Respondent. Charles J. Dalton, was advised through a Final Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of $27,500. 

On August 1, 2011, Respondent submitted a written demand for a hearing. 

II 

1. On or about March 17, 2010. you were a passenger on board US 

Airways Flight 722 from Philadelphia, Pennsylvania, to Dublin. 

Ireland. 

2. The flight described above was being operated under Part 121 of the 

Federal Aviation Resulations. 
3. During the flight described above, you became agitated and verbally 

abused and placed your hands on a female llight attendant in a 

menacmg manner. 

4. During the llight described above, you assaulted a male flight 

attendant by striking him in the face. 

5. Cabin crew personnel had lo turn from the performance of their duties 

to seek to control your disruptive behavior. 

6. The flight described above diverted to Gander, Newfoundland. 

Canada to disembark you. 

7.. By virme of the foregoing, you assaulted, tlireatened, intimidated, or 

interfered with a crewmember in the performance of the 

crewmember's duties on board an aircraft being operated under Part 

121 of the Federal Aviation Regulations. 

Ill 

By reason of the foregoing facts and circumstances. Respondent violated the 

following section(s) of the Federal Aviation Regulations: 

a. Section 121.580, v/hich states that no person may assault, threaten, 

intimidate, or interfere with a crewmember in the perfonnance of the 

crewmember's duties aboard an aircraft being operated under this part. 

IV 

1. Pursuant to 49 U.S.C. §46301 (a)(5), Respondent is subject to a civil penalty 

not to exceed $ 11,000 for each of the violations alleged. 
2. Under the facts and circumstances of tills case, a civil penalty of $27,500 is 

appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the 

AdminisU"ative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of $27,500. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Stephen W. Brice 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica. NY 11434 

718 553-3268 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must file a written 

answer to this Complaint, or a written Motion to Dismiss if appropriate, not 

later than 30 days after the date shown on the Certificate of Service. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed 

as follows: 

Charles J. Dalton 

4l32Williwaw 

h-vine, CA 92620 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wrisht Buildins - Room 2014 . 

Date: AUG 1 0 2011 '1. L/J-.'O-gL^-v-TT^ -

Marianna Perero 

Paralegal Specialist 

Federal Aviation Administration 

Office of Assistant Chief Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION AUG I '' 2011 

OFFICE OF HEARINGS KEARIM G H^')r!<PT 

WASHINGTON, D.C. - -^"-'^tZ P 

In the Matter of Charles J. Dalton 

20 lOEA 190049 

Judge Not Assigned 

NOTICE OF APPEARANCE 

Complainant, Federal Aviation Administration, hereby notifies the United States 

Department of Ti'ansportation, Office of Healings, and the Respondent, pursuant to 

14 C.F.R. ij 13.204(b). that it shall he represented in the above-stated action by the 

attorney listed below. All communicadons, notices, pleadings or documents ai'c 

respectfully reqticsted to be forwarded as follows: 

Stephen W. Brice 

Federal Aviation Administration 

Office of Regional Counsel 

I Aviation Plaza 

Jamaica. NY 11434 

Telephone: 718 553-3268 

Facsimile: 718 995-5699 

Respectfully submitted, 

Alfred R. Johnson. Jr. 

Regional Counsel 

By: ^Y'^^^Z^ i rV ^ Dated: STJ/ojll 

Stephen W. Brice 

Attorney 
CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Notice of Appearance were 

placed in the United States mail, postage prepaid, Certified Mail - Return Receipt 

Requested addressed as follows: 

Charles J. Dalton 

4132 Williwaw 

Irvine, CA 92620 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

AUG 1 0 20i! n 

Date: hu.y-^',^•y^.-v^ ^ \.^^•^<LJ^_ . Mariamia Perero 

Paralegal Specialist 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica. NY 11434