f^ 

U. S. Department 

of Transportation 

Federal Aviation 

Administration 

IVED 

JUL t 3 2010 

HgARiNG DOCKET 

Great Lakes Region 

2300 East Devon Avenue 

Des Plaines, Illinois 60018-4696 

In Reply 

Refer to: AGL-7K 

2009-GL-13-0033 

June 28, 2010 

CERTIFIED 

Hearing Docket, Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

Wilber Wright Building - Suite 2W1000 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Re: Roddy L. Cox 

FAACaseNo.: 2009-GL-13-0033 

- — I 

Area Code 847 294-7313 l^ 

lafloGLCi^o^ fAAc^Gi^'^^ ^ 

Enclosed herewith please find the original and one copy of the Complaint in the above-referenced 

proceeding. 

The FAA requests that the hearing in this matter be held in Milwaukee, Wisconsin, and expects that 

the hearing will last one day. 

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

Chris G. Zurales 

Federal Aviation Administration 

Great Lakes Region, AGL-7K 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 

Phone (847)294-7713 

Fax (847) 294-7498 

Enclosures: Complaint 

cc: Respondent (w/copy of Complaint), Respondent's Counsel (w/copy of Complaint) 
U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D.C. 

Roddy L. Cox 

FAA DOCKET NO. CP*not yet assigned* 

(EIR2009-GL-13-0033) 

(Civil Penalty Action) 

Administrative Law Judge *not yet assigned* 

COMPLAINT 

On Jime 7,2010, Respondent, Roddy L. Cox, (Cox) was advised through a Final Notice of 

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

$1,100.00. Cox, has submitted a written request for a hearing, postmarked June 16,2010, which 

was received by the Agency Attorney on June 21, 2010. 

I 

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: 

1. On or about July 26, 2009, Cox was a passenger on board Air Tran Airways Flight #349, 

enroute from Los Angeles, California (LAX), to Milwaukee, Wisconsin (MKE). 

2. During the drink service portion of the flight Cox touched the flight attendant. 

3. The flight attendant asked Cox not to touch her again. 
4. In response to the flight attendant's request. Cox got out of his seat and stood in a close 

proximity to the flight attendant's face, using verbally abusive language and intimidating 

her and interfering wdth the performance of her duties aboard the aircraft. 

5. Cox used profane and verbally abusive language loud enough to alarm the other 

passengers and flight attendants. 

6. Cox was disruptive and alarmed the crewmembers and other passengers of the flight 

causing the crewmembers to suspend all service for the remainder of the flight. 

By reason of the foregoing facts and circumstances. Cox violated Section 121.580 of the Federal 

Aviation Regulations which states in relevant part that no person may assault, threaten, 

intimidate, or interfere with a crew member in the performance of the crew member's duties 

aboard an aircraft being operated under this part. 

II 

1. Pursuant to Title 49 of the United States Code, Section 46301 (49 U.S.C. § 46301), Cox is 

subject to a civil penalty not to exceed $11,000.00 for each violation alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $1,100.00 is appropriate. 
WHEREFORE, the Agency, by cotmsel, respectfully requests that the Administrative 

Law Judge enter an Order that Respondent be assessed a civil penalty in the amoimt of 

$1,100.00. 

th Respectfully submitted this 28" day of June 2010 

^.^Chris G. Zurales 

Senior Attorney 

Federal Aviation Administration 

Great Lakes Region, AGL-7K 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Phone: (847)294-7713 

Fax: (847) 294-7498 
Certificate of Service 

I hereby certify that the foregoing Complaint has been mailed this 28* day of June 2010, by 

Certified Mail, Return Receipt Requested, to: 

Original and One Copv to: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Room 924A 

Washington, DC 20591 

(Attn: Hearing Docket Clerk) 

One Copy to: 

Roddy L. Cox 

3918 S.Clay Street 

Green Bay, WI 54301 

One Copy to: 

Mr. Christopher J Cherella 

735 W. Wisconsin Avenue, 12* Floor 

Milwaukee, WI 53233 

Telephone: (414) 347-9334 

Fax: (414)224-1411 

Dated this 28* day of June 2010. 

Yola 

Lege 

da Quiles 

Technician 

FAA Great Lakes 

l-*i