U.S. Department of Transportation Federal Aviation Administration

March 3, 2011 Southwest Region Arkansas, Louisiana, New Mexico, Oklahoma Texas Office of Regional Counsel 2601 Meacham Blvd., Rm. 663 Fort Worth, TX 76137 (817) 222-5099 (817) 222-5945/5092 FAX

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

# E Federal Aviation Administration 800 Independence Avenue, SVV VVashington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 VVilbur VVright Building, Room 2VV1 000

In the Matter of Peter John Rossick, Ill Docket No.: CP- To Be Assigned**~** FAA Case No. 201OSVV290012

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# CfP-!D2f·!5-**~uuJJ** Dear Sir or Madam: 

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Enclosed are the original and one copy ofthe complaint in the above-referenced proceeding. The Complainant requests that the hearing in this matter be held in the Sacramento, California area expects that the hearing will last one day. Please serve me with all documents in this matter.

Sincerely, Federal Aviation Administration Southwest Region, ASVV-7E3, YAB Office ofthe Regional Counsel 2601 Meacham Blvd., Room 663 Fort VVorth, TX 76137
DAVID L DONNELL Acting Regional Counsel Southwest Region

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## Atto~~e~ Safety Enforcemeht Branch TEL: (817) 222-5070 FAX: (817) 222-5945/5092 Email: yolanda.a.bernal@faa.gov Enclosurestrey4par to: Yolanda A Bernal 02/25/2011 07:24PM Show Details 

# PETERJOHN ROSSICK III February 18, 2011 HearingDocket ATTN: HearingDocket Clerk, AGS-430 FEDERAL Aviation Adrninish·ation 800 Independence AvenueS. W. Wilbur WrightBuilding, Suite SWlOOO Washington, DC 20591 RE: CaseNumber: 2010SW290012 Iherebyformally request a hearingin the case numberreferenced above. As indicated previously, your accusations do not consider all thereal truth availableinthis case. Page I of l

IDID turn OFF my !Podwhen instructed. Ineverrefusedto complywith theinstructionsby theflight attendant. IDID NOT TURNmy !Podbackonagain untilinstructed to do so. I DID NOTEXHIBITANYUNRULY BEHAVIORWHATSOEVER! By virtue ofthe truthslisted above,I amrequesting a hearingin this matter. PeterJohnRossick lii

CC: Yolanda Ayala Bernal, Attorney FAA SouthwestRegion 2601 MeachamBlvd., Room 663 FortWorth,Texas 76137

file://C:\Documents and Settings\Yolanda A Bemal\Local Settings\TemplnotesC7A056\-
... 03/01/2011

### In the Matter of: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

FAA Case No. 2010SW290012 FAA Docket CP No.:

_____ _ PETER JOHN ROSSICK Ill 

### Judge NotAssigned

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

### On July 21, 2009, PeterJohn Rossick, Ill, was advised through a Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $7,700.00. Respondents request for hearing is dated February 25, 2011, sent by Mr. Peter John Rossick, Ill. II. 

### 1. On July 21, 2009, Peter John Rossick, Ill was a passenger on board Southwest Airline, flight 807, an air carrier from Omaha, Nebraska (OMA), to Las Vegas, Nevada (LAS). 2. On the flight described in paragraph 1, Peter John Rossick, Ill was repeatedly instructed to turn off his portable electronic device (IPod) by flight attendant Nazario and he refused. 3. When Peter John Rossick, Ill was told that the aircraft would return to the gate if he did not cooperate with turning off his IPod, he turned off his IPod. 4. However, upon preparing for take off, he turned his IPod back on. 5. Peter John Rossick's unruly behavior was reported to the Captain who requested law enforcement meet the flight. Peter John Rossick, Ill was denied boarding on his connecting flight. II By reason ofthe foregoing facts and circumstances, Peter John Rossick, Ill violated the Federal Aviation Regulations (FAR), Section 121.306(a), when he operated a portable electronic device on the aircraft.1. Under49 U.S.C. §46301, Respondent Mr. Peter John Rossick, Ill is subject to a civil penalty for each ofthe violations alleged. The maximum penalty per violation is $11,000.00. 2. By reason ofthe foregoing facts and circumstances, we proposed to assess a civil penalty for the violation noted above in the amount of $7,700.00. Complainant respectfully requests that the administrative lawjudge enter an order that Respondent Mr. Peter John Rossick, Ill be assessed a civil penalty in the amount of $7,700.00. Submitted this 3rd day of March 2011.


### DAVID L. DONNELL Acting Regional Counsel Southwest Region
By:

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__ _ Attorney Safety Enforcement Branch TEL:

.(817) 222-5070 FAX: (817) 222-5092 e-mail: Yolanda.A.Bemal@faa.gov

### CERTIFICATE OF SERVICE
I hereby certify that the foregoing Complaint has been FAXED this date and mailed by Certified Mail, Return Receipt Requested, to:
Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Room 2W1000 TEL: (202) 385-8229 FAX: (202) 493-5142
And I hereby certify that the foregoing Complaint has been mailed this date by Regular Mail and Certified Mail, Return Receipt Requested, to:
Mr. Peter John Rossick, Ill 325 Greyhawk Court Vacaville, CA 95688

Sylvi. · . Twa, Paralegal Specialist Fedetal Aviation Administration Southwest Region Fort Worth, TX 76137 Date: March 3, 2011