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. 201 OSVV290012 _ _:..j _. . , _'lC\ "" (· 

vlJ/1- Al~A- CfP-!D2f·!5- ~uuJJ Dear Sir or Madam: 

Fllfid/NJ-{Jl!(')'" 

Enclosed are the original and one copy of the 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 of the Regional Counsel 

2601 Meacham Blvd., Room 663 

Fort VVorth, TX 76137 

DAVID L DONNELL 

Acting Regional Counsel 

Southwest Region 

By:_-:-:--:--~~.L-/1:-. -'c--::-----:7""'-//----:,L------

Yolanda Aya'iirRPill7~ 

Agency Atto~~e~ Safety Enforcemeht Branch 

TEL: (817) 222-5070 

FAX: (817) 222-5945/5092 

Email: yolanda.a.bernal@faa.gov 

Enclosures 
trey4par 

to: 

Yolanda A Bernal 

02/25/2011 07:24PM 

Show Details 

PETER JOHN ROSSICK III 

February 18, 2011 

Hearing Docket 

ATTN: Hearing Docket Clerk, AGS-430 

FEDERAL Aviation Adrninish·ation 

800 Independence AvenueS. W. 

Wilbur Wright Building, Suite SWlOOO 

Washington, DC 20591 

RE: Case Number: 2010SW290012 

I hereby formally request a hearing in the case number referenced above. 

As indicated previously, your accusations do not consider all the real truth available in this case. 

Page I of l 

I DID turn OFF my !Pod when instructed. I never refused to comply with the instructions by the flight attendant. 

I DID NOT TURN my !Pod back on again until instructed to do so. 

I DID NOT EXHIBIT ANY UNRULY BEHAVIOR WHATSOEVER! 

By virtue of the truths listed above, I am requesting a hearing in this matter. 

Peter John Rossick lii 

CC: Yolanda Ayala Bernal, Attorney 

FAA Southwest Region 

2601 Meacham Blvd., Room 663 

Fort Worth, 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 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. 

On July 21, 2009, Peter John 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 (I Pod) 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 I Pod, he turned off his I Pod. 

4. However, upon preparing for take off, he turned his I Pod 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 of the 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. Under 49 U.S.C. §46301, Respondent Mr. Peter John Rossick, Ill is 

subject to a civil penalty for each of the violations alleged. The maximum penalty per 

violation is $11,000.00. 

2. By reason of the 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 law judge 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: ---:cY-o-o--:cla_n__,d"'"aLA ~ y"'a-,~'a=-. -/-.:;;»'L.._ ~ __ _ 

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