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U.S. Department Southern Region ' ' ^ " "p.C). Box 20636 

of Transportation Office of the Regional Counsel ,,, ., ^ o ^tiarta, Georgia 30320 

Federal Aviation (404) 305-5200 

Administration (404)305-5223 FAX 

JUN 1 5 2011 

CERTIFIED - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

. Washington, DC 20591 

Re: IntheMatter of BrunildaRosa | ^TNII ^f\mA .Oif>- Kq^' ? ' Fl^tYiS <SLO\h btoUi 

FAACaseNo.2010SO270209 |<^ vwn MT ij- u i 

Enclosed herewith please find a copy of a request for hearing and 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 the New York City, New York area, 

and expects 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, 

RYAN M. LANDERS 

Attorney 

Office of the Regional Counsel 

RECEIVED 

Enclosures JUN 2 I 20J1 

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JUN 1 0 2011 [U j 

FA-. PlGTiNi^L COUNSEL 

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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Brunilda Rosa 

Respondent. 

FAA Docket No, 

.Tudge 

JUDGE NOT YET 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. 

1. On May 23, 2011, Respondent, Brunilda Rosa was advised through a Final Notice 

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

$4,400. On May 31, 2011, the Agency Attorney received a written request for a hearing from 

the Respondent. 

II. 

2. On or about September 21, 2009, you were a passenger aboard Delta Airlines 

Flight Number 1486 (hereinafter Flight 1486) from Orlando International Airport, Orlando, 

Florida (MCO) to LaGuardia International Airport, New York City, New York (LGA). 

3. a. No Smoking signs were lit on Flight 1486. 

b. No Smoking placards were in place in the lavatory on Flight 1486. 

c. Crewmembers informed the passengers on Flight 1486 that smoking was 

not permitted during the flight. 
d. You were personally told by crewmembers on at least two occasions that 

you could not smoke on the flight. 

4. During the course of the flight you smoked in the aircraft lavatory on multiple 

occasions. 

5. You continued to return to the aircraft lavatory to smoke even after you were 

personally told by crewmembers that you could not smoke in the lavatory. 

6. Your smoking in the lavatory interfered with the performance of a flight attendant's 

regular duties. 

III. 

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

following sections of the Federal Aviation Regulations: 

a. Section 121.317(g) in that no person may smoke while a No Smoking sign is 

lighted or if No Smoking placards are posted. 

b. Section 121.317(h) in that no person may smoke in any airplane lavatory. 

c. Section 121.317(k) in that each passenger shall comply with instructions given 

him or her by a crewmember regarding compliance with paragraphs (f), (g), (h), 

and (1) of Section 121. 

d. Section 121.580 in that no person may assault, threaten, intimidate, or interfere 

with a crewmember in the performance of the crewmember's duties aboard an 

aircraft being operated. 

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 $4,400 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 $4,400. 

Respectfully submitted this _ 10°^ day of June, 2011. 

yh-,.^^^^.^ ^ 

RYAN M. LANDERS 

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. 

CERTIFICATE 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: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

(original + 1 copy) 

Brunilda Rosa 

2084 Bronx Place East 

Apt5J 

Bronx, NY 10462 

M. MCDOWELL 

'Assistant 

Office of the Regional Counsel 

JUN I 5 2011 

Dated