Southern Region U.S. Department ofTransportation 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 ofJames 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,

Enclosedherewithplease find a copy ofa request for hearing and the original and one copy of the Complaint inthe above-referenced proceeding. The FAA requests thatthe hearing in this matterbe heldin the NewYork, NewYork area, and expects that the hearing will last one day. Please address all communications for the FAAto the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223.

# ~;~~~

# r ""'"'**~SHAWN** RICH

# GEO~E

,.,-

# 6 SeniorAttorney Office ofthe Regional Counsel Enclosures**Yia_{:~rHfied** 

### TJS M_!!il:::**RetuJrl!.l~ec~iJl!R!?!l!!~!!!!l** FederalAviation Administration 800 Independence Avenue SW Wilbur Wright Building Suite 2W1000 Washington, DC, 20591 Attn: Hearing Docket ClerkAGC-430 Certified Copy via US Mail Rashawn Rich George Senior Attorney Office ofthe Regional Counsel

- Southern Region Federal Aviation Adminstration P.O. Box20636 Atlanta, GA 30320 Requestfor Hearing- FAA Complaint#2012S0255132 I amwriting in order to request a hearing for the above-referenced complaintpursuantto 14 CFR 

### § 13.16. Itis surprising to me to have received the Final Notice ofPaymentinthe first place. I have previously responded to the original notice setting forth the above-referenced complaintby sending an affidavit in answer dated March 11, 2013 and participating in a telephone hearing with Rashawn Rich George atthe FAA's Office ofRegional Counsel. Somehow, I did nothearback from the FAAuntil the Final Notice dated August 27, 2014. Therefore, I request a hearing at anFAA office geographically convenientto me in order to contestthe Complaint and its underlying claims. Please be advised that my address has changed and amend accordingly to reflect the address onthe letterhead ofthis letter. Yours Sincerely,

# ~~ :Prunes Kearnsf September 5, 2014.. , ..

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ails. **~ !''~""~**  **"'**'"'~---~ ~**  **MJ/!~!¥f**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 FederalAviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208),**a::~** states as follows: I. 1. OnAugust 27,2014, Respondent, James Keams was advised through a Final Notice ofProposed Civil Penalty that the FAA proposedto assess a civilpenalty inthe amount of$27,500. On September 9, 2014, the Agency Attorney received a writtenrequest 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. Youthen received additional instruction by a crewmemberto turn offyour PED. 5. Notwithstanding the crewmember's instruction, you continuedto 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 ofyour 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 SeatBelt" signs were illuminated. 9. Your above actions interfered with a crewmember's performance of her duties during the operation ofthe flight.
III. 

### 10. By reason ofthe foregoing facts and circumstances, Respondent violatedthe following sections ofthe Federal Aviation Regulations:

a. Section 121.317(f) inthat 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. Pursuantto 49 U.S.C. Sections 4630l(a)-(d), Respondent is subjectto a civil penaltynot to exceed $1,100 for each ofthe violations alleged. 12. Under the facts and circumstances ofthis 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 ofSeptember, 2C:
.. f.

# a~~c~**~~~GEORGE~** Senior Attorney Office ofthe Regional CounselPLEASE NOTE: Pursuantto Title 14 CFR Section l3.209(a), youare required to file a written answer to this Complaint, or a written Motionto Dismiss ifappropriate, not laterthan 30 days afterthe date shown onthe Certificate ofService which follows. CERTIFICATE OF SERVICE I hereby certifythat a copy ofthe 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



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;• Hearing Docket Clerk FAA, AGC"430, Suite 2W1000 WilburWrightBuilding 8.00 Independence Avenue, SW Washington, DC 2059:1. **~~·-·**