o 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southern Region 

Office of the Regional Counsel 

MAY 1 7 2010 

CERTIFIED - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Frank Terlizzi i 

FAA Case No. 2009SO270275 CplCXSO OCiOl 

^ O . Box 20636 

-'Atlanta, Georgia 30320 

<^04) 305-5200 

<-^04) 305-5223 FAX? 

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rf^^suDio oss-y 

Enclosed herewith please find a copy of a request for hearing and the origin^ j 

the Complaint in the above-referenced proceeding. °^^ ^^Py of 

The FAA requests that the hearing in this matter be held in the Atlanta, Georoexpects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

area, and 

GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 

Enclosures 

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^Vfcl) 

m 

OCKET 
U.S. DEPARTMENT OI ' TRANSPORTATION 

OFFICE OF ^''^^^^^^ ^ 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRA 

Complainant, 

vs. 

Frank Terlizzi 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET ASSIGNED 

Ci 3MPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

puroiiaru to Rule 208 of the Rules of Practice (i M C.T^.R. 13.208), and states as follows: 

I. 

1. On April 21, 2010, Respondent, Frank Terlizzi was advised through a Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of $800. On May 14, 2010, the Agency Attorney received a written request for a hearing from 

the Respondent. 

n. 

2. On or about June 23, 2009 you were a passenger aboard Northwest Airlines Flight 

400 from Seattle. Washington to Memphis, Tennessee, designated as a non-smoking flight, with the 

"No Smoking" warning Ughts lit throughout the flight. 

3. The preflight passenger briefing, given by a crewmember, instructed all passengers 

that smoking is prohibited aboard the flight, including in the lavatories. 

4. Passenger Safety Information cards, located in each passenger seat pocket, instruct 

all passengers that smoking is prohibited on the flight, including in the lavatories. 

5. Placards posted inside and outside each lavatory instruct all passengers that smoking 

is prohibited in the lavatory. 
During the flight, you smoked a cigarette in the aircraft's right aft lavatory. 

m. 

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

following sections of the Federal Aviation Regulations: 

a. Section 121.317(g) by smoking during a designated non-smoking flight, 

while the no-smoking sign was lighted. 

b. Section 12L317 (h) by smoking in a passenger aircraft lavatory. 

c. Section 121.317(k) by disobeying a crewmember's instruction in the form of 

a preflight passenger briefing, not to smoke. 

8. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil 

penalty not to exceed $1,100 for each of the violations alleged. 

9. Under the facts and circumstances of this case, a civil penalty of $800 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $800. 

Respectfully submitted tins I T day of May, 2010. 

GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 
PLEASE NOTE; 

Pursuant to Title 14 CFR Section 13.209(a), you are required to 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 which follows. 

CERTinCATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Frank Terlizzi 

200 Swanton St. 

Apt. L-29 

Winchester, MA 01890-4327 

Wilham R. Byrne, Esq. 

929 Mass Ave Level 01 

Cambridge, MA 02139 

Hearing Docket Clerk (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

^ ^ y T 7 ^Q]() 

Dated 
UW OFFICE OF 

WILLIAM R. BYRNE 

Attorney at Law 

Federal Aviation Administration 

600 Independence Avenue, SW 

Room 2014 

Washington, DG 20591 

Attn: Hearing Docket Clerk, AGC-400 

^^O6,20 i O 

Hearing Docket Clerk, 

I am requesting a hearing as per the instructions in the enclosed Final Nr^ ^ 

Propftsed Civil Penalty, which I received on April 24,2010. 1 am also ^^"^- ^ 

of this correspondence to FAA Attorney Gerald A, Ellis, Federal Aviatio^j *^ ^ ^ ^^u-^ 

Administration, Southern Regional Coimsel Office, P.O. Box 20636, At! ^^^i 

30320. ^^Gec, ^ 

^ . 

Further, I am represented by Attorney William R. Byrne and I am authori^ 

r»r»mTTiiini<»ijt#» ivitfi hii n n n thi c mntt*»r S IOC communicate with him on this matter 

Sincerely, 

Frank Terlizzi 7 ^ 

' ^ . 

929 MASSACHUSETTS AVENUE / LEVEL #01 / CAMBRIDGE. MA 02139 / 781-8; •^^-9909