U.S. Department Southern Reg ion 

of Transportation Office of the Regional Counsel 

Federal Aviation 

Administration 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of James Kearns 

FAA Case No. 2012S0275132 

FAA-20I't- ofs, n 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404)305-5223 FAX 

::iECEIVEr~~ 

SEP 19 2014 

HEARING DOCK, 

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, 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, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

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

~;~~~ r ""'"' ~SHAWN RICH GEO~E ,.,-6 

Senior Attorney 

Office of the Regional Counsel 

Enclosures 
Yia_{:~rHfied TJS M_!!il::: 

RetuJrl!.l~ec~iJl!R!?!l!!~!!!!l 

Federal Aviation Administration 

800 Independence Avenue SW 

Wilbur Wright Building 

Suite 2W1000 

Washington, DC, 20591 

Attn: Hearing Docket Clerk AGC-430 

Certified Copy via US Mail 

Rashawn Rich George 

Senior Attorney 

Office of the Regional Counsel - Southern Region 

Federal Aviation Adminstration 

P.O. Box20636 

Atlanta, GA 30320 

Request for Hearing- FAA Complaint #2012S0255132 

I am writing in order to request a hearing for the above-referenced complaint pursuant to 

14 CFR § 13.16. 

It is surprising to me to have received the Final Notice of Payment in the first place. I 

have previously responded to the original notice setting forth the above-referenced 

complaint by sending an affidavit in answer dated March 11, 2013 and participating in a 

telephone hearing with Rashawn Rich George at the FAA's Office of Regional Counsel. 

Somehow, I did not hear back from the FAA until the Final Notice dated August 27, 2014. 

Therefore, I request a hearing at an FAA office geographically convenient to me in order 

to contest the Complaint and its underlying claims. 

Please be advised that my address has changed and amend accordingly to reflect the 

address on the letterhead of this letter. 

Yours Sincerely, 

~~ :Prunes Kearnsf 

September 5, 2014 
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~ 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

James Keams 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

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), a::~ states as follows: 

I. 

1. On August 27,2014, Respondent, James Keams was advised through a Final 

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

of$27,500. On September 9, 2014, the Agency Attorney received a written request for a hearing 

from the Respondent. 

II. 

2. On or about January 24, 2012 you were a passenger aboard Delta Airlines Flight 

#1596 traveling from Minneapolis, Minnesota (MSP) to New York, New York 

(LGA). 

3. Prior to takeoff, all passengers were instructed by a crewmember to tum oti all 

electronic devices (hereinafter "PED"). 

4. You then received additional instruction by a crewmember to turn off your PED. 

5. Notwithstanding the crewmember's instruction, you continued to use your PED. 

6. After repeated individual instructions by crewmembers to turn PED off, you 

assaulted a female flight attendant by slapping her with the palm of your hand. 
7. Prior to takeoff, you ignored the public safety instructions and personal directives 

given by crewmembers to fasten your seatbelt. 

8. During the above flight, you failed to keep your seat belt fastened while the 

"Fasten Seat Belt" signs were illuminated. 

9. Your above actions interfered with a crewmember's performance of her duties 

during the operation of the flight. 

III. 

10. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

a. Section 121.317(f) in that each passenger shall fasten his or her safety belt 

about him or her and keep it fastened while the "Fasten Seat Belt" is 

lighted. 

b. 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). 

c. 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. 

11. Pursuant to 49 U.S.C. Sections 4630l(a)-(d), Respondent is subject to a civil 

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

12. Under the facts and circumstances of this case, a civil penalty of $27,500 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$27,500. 

Respectfully submitted this \6'-lti day of September, 2C: .. f. 

a~~c~ ~~~GEORGE~ Senior Attorney 

Office of the Regional Counsel 
PLEASE NOTE: 

Pursuant to Title 14 CFR Section l3.209(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 

James Kearns 

862 Union Street 

Apartment 6L 

B ookl , New York 11215 

e Regional Counsel 

t5,20JI 

Dated 

(original + 1 copy) 
TIIJIEi'fl"017: TRANSPO~TATION 

VIATIONADMIN.ISTRATION 

REGIONALOFFICE,AS0:7 

BIAAVENUE . 

30337 

l.. 

I Ill ;;·,y, ; ;;;·,.; .. · .•. · 

7014 1200 0001 1904 5036 ;• 

Hearing Docket Clerk 

FAA, AGC"430, Suite 2W1000 

WilburWrightBuilding 

8.00 Independence Avenue, SW 

Washington, DC 2059:1. 

~~·-·