August 24, 2010 'mRTMENTOF 

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Hearing Docket 

ATTN: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

800 Independence Avenue S.W. 

Wilbur Wright Building, Suite 2W1 000 

Washington, DC 20591 

Re: Case Number 2008SW290060 

To whom it may concern, 

P A A -2on - OOte ^ 

I, Michael Kilduff do hereby request a formal hearing In reference to the matter stated on the copy of 

the enclosed letter. I am of the understanding that the hearing will be held at the F.A.A. office located In 

Washington, DC. 

Respectfully, 

Michael Kiiduff 

430 Jackson Street 

Woodstock, Va. 22664 

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U.S. Department 

of Tronsfjortatton 

Federal Aviation 

Admintthalion 

Southwest Region 

Arkansas, Louisiana, 

New Mexico, Oklahoma 

Texas 

Office of Regional Counsel 

2601 Meacham Blvd 

Fon Vl/onh, TX 76137-0007 

(817)222-5099 

{817) 222-5945/5092 FAX 

-:• 5 20!i] 

August 11, 2010 •• ... 

Case Number: 2008SW29a060 

."Regular Mail fc 

CERTIPIBD MAIL - Ratttrn Receipt Requested 

Mr. Michael Kilduff ' ' • '• ^' '•••'"; 

113-N. Church Street 

Woods Lock, VA 22 664 

FIMAL MOTICB OF PROPOSED CIVII, PEKMiTY 

On August 13, 2009, you were advised through a Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in r.he amount of 

$1,100.00. As of Chis date, we have received no further response, from 

you. 

After consideration of all of the available intormation, including 

information from the Informal Hearing, October 28, 2009, you violated the 

following: 

1. On February 26, 2008, you were a passenger aboard Southwest 

Airlines, Flight 3861, an air carrier operating from Baltimore, 

Maryland (BWI), to Salt Lake City, Utah (SLC). 

2. While you were onboard the flight described in paragraph 1, you 

failed to comply witli the crcwmembers instructions prohibiting 

smoking onboard the aircraft and in lavatories, in that you smoked 

a cigarette in the aircraft lavatory while the *No Smoking Sign' 

was illuminated. 

3- Flight, attendant 'A' smelled cigarette smoke coming from the 

lavatory, you were using, about halfway into the flight, and after 

you made exit back to your seat, she discovered cigarette ashes in 

the sink. 

4. When you were questioned by the flight attendant about smoking in 

the lavatory you first denied Chat you had but then stated chat the 

butt had been flushed down the toilet. 

5. The Captain was notified and law enforcement met the flight to talk 

With you. 

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

following Federal Aviation Regulations (PARS): 

a. Section 121.317(g), in that you smoked a cigarette while a 'No 

Smoking' sign was lighted and while a *No Smoking" placard was 

posted. 

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

.lavatory while in flight. 

c. 14 C.F.R. Section 121.317 (k), in that you failed to coitply 

with crewmember instructions given to you regarding no smoking 

in the lavatories. 

Under 49 U.S.C. §46301 you are liable for a civil penalty not to exceed 

$11,000.00 for each of the Federal Aviation Regulation violations. By 

reason of the foregoing facts and circumstances, we propose to assess a 

civil penalty in the amount of $1,100.00. 

Unless you mail or personally deliver, in writing, your request for a 

hearing in this matter on or before 15-days after you receive this Pinal 

Notice, we will issue an Order Assessing Civil Penalty and you will have 

no furthei x-ight to a hearing. if you do net submit a written request for 

a hearing, you must pay the proposed civil penalty. 

Your request for a hearing must be sent to: 

Hearing Docket 

ATTN: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

SOO Independence Avenue S-W. 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

Should you elect to request a Hearing, a copy of your request must be sent 

to the Tjndersigned FAA attorney. Your request must be dated and signed, 

in accordance with section 13-1.6 of the Federal Aviation Regulations, sent 

to you with the Notice of Proposed Civil Penalty (14 C.F.R. 13.16) 

However; in case you want to contact the undersigned FAA attorney to 

discuss this incident before making request for a Formal Hearing, please 

note information below. 

LYNETTE WORD 

Regional Counsel 

Southwest Region 

BY: 

Yolanda Ayala Bernal 

Attorney 

Safety Enforcement Branch 

(817)222-5070 

FAX (817)222-5945 or 5092 

E-mail: yolanda.a-bemal&faa.gov 

YB/gw 

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