Mr. Josman Blythe 

629 Starboard Road NW 

Shallotte,NC 28470-1835 

June 1,2010 

Taneesha D Marshall 

Regional Counsel, FAA 

P. O. Box 20636 

Atlanta, GA 30320 

Request for Discovery 

FAA Docket: CP10SO0005 

Dear Mrs. Marshall, 

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To be reasonably and adequately able to defend myself against these allegations, I request all 

documents and any other notes, e-mails, or other correspondence used to make this 

determination against me. These include, but are not limited to, the following specific items; 

The initial incident report 

EIC folder 

All interviews conducted by any FAA investigator on this matter 

All separate reports of the interview, including the interviewer's own Factual observations. 

I am requesting that this information be delivered as soon as possible so that I have a reasonable 

amount of time to prepare for the hearing. Please send the requested information to: 

Mr Josman Blythe 

c/o Mr. Douglas Blythe 

536 Medcalf Drive SW 

Sunset Beach, NC 28468 

Sincerely, 

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Josman Blythe 
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FAA Docket NO. CP10SO0005 

Mr. Josman Blythe • 

629 Starboard Road, NW 

Shallotte, NC 28470 

May 28,2010 

DMSNo.FAA-2010-0318 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

Dear Judge Benkin, 

The following is my response to the allegations contained in the final notice of 

proposed civO penalty. 

On October 19,2009, you were advised through a Notice of Proposed Civil 

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

$27,500. 

I never received this proposal, nor had the opportunity to respond. Because I had 

not heard anything about this since I was interviewed in Guam, I thou^t it was 

closed. 

1. On or about June 04,2009, yon were a passenger aboard Northwest 

Airline Flight 71 traveling from Detroit, Michigan to Nagoya, Japan. 

Yes. 
2. The above flight was operated under 14 CFR Part 121 

Yes. 

3. At the time of the flight, you were employed by the Administrator as an 

air traffic controller. 

Yes, but I was not on duty. I was traveling on my own private time, 

4. During the flight, you displayed your identification badge issued by the 

Administrator visibly on your person. 

No. As stated above, I was traveling as a private citizen and was not required 

to visibly display my badge. Further, the original accusation posed by the 

FAA investigator stated I wore my FAA ED openly on a lanyard. I have 

never used a lanyard as witnessed by any of my fellow FAA controllers and 

can be verified by the FAA investigator on the day he interviewed me at the 

facility in Guam. 

5. During the flight, you were served, at your requ^t, alcoholic beverages 

by a flight attendant daring beverage/meal service. 

Yes. 

6. After consuming the alcohol during the meal service, you appeared to 

be intoxicated. 

I had been awake for over 24 hours. This is a judgment call of the flight 

attendant and his requirements under the applicable CFR. 

7. When the flight attendant refrained from serving you any additional 

alcoholic beverages, yon became disruptive and cursed at the 

crewmembers. 
No. The steward and I did exchange some words later in the flight, but it had 

nothing to do with alcoholic beverages. I was in my seat and he was leaning 

over when it occurred. The conversation was strictly between him and me 

and did not interfere with the performance of his duties. 

8. You also showed your FAA badge to the crew to establish your right to 

continue to drink. 

No, I never showed my FAA badge to establish the right to continue 

drinking. I spoke with the head steward some time after my words with my 

steward- During that conversation, I stated I also work in the industry and 

did not want any problems or issues. He asked me who I worked for and, 

when I told him, asked to see an ID. I pulled out my FAA badge and showed 

him. 

9. Despite the crewmembers instructions for you to slow down drinking, 

you became aggressive and continued to request alcohoL 

No. 

10. In addition, you ignored the instructions of the crewmembers including 

to remain seated while the ^'fasten your seatbelts'' sign was illuminated. 

No. Additionally, there was no mention of this allegation during the FAA 

investigator's interview. 

11. After over five requests, you finally complied with the request to fasten 

your seatbelt. 

No. Once again, there was no mention of this allegation during the FAA 

investigator's interview. 

12. Throughout the flight, you continued to be disruptive and verbally 

threatened one or more crewmembers. 
No. I never verbally threatened any crewmember. 

13. At one point, you physically assaulted a crewmember by grabbing his 

neck and /or shoulders. 

No. I did not physically assault a crewmember. This accusation has changed 

several times over the course of this investigation. Upon landing, both the 

flight crew and I were s^arately interviewed by Nagoya security. Northwest 

issued me a ticket for another flight If I had physically assaulted a crew 

member, I would have been charged and arrested by Nagoya security. 

14.Your above behavior interfered with the crewmembers ability to 

perform their duties during the operation of the jQight. 

No. 

15. Your above behavior posed an imminent threat to safety of the aircraft 

or other individuals on the aircraft. 

No. 

Josman Blythe 

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