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& 

;PARTMENT OF 

"•^SrORTATlON 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southwest Region 

Arltansas, Louisiana, 

New Mexico. Oklahoma 

T«us 

Ti^ATlOMS 

, O 1- I I 

Office of Regional Counsel 

2601 Meacham Blvd., Rm. 663 

Port Worth. TX 76137-0007 

<ei 7) 222-6099 

(317) 222-5945/5092 FAX 

January 26, 2011 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2W2014 

In the Matter of Michael Kliduff 

Docket No.: CP - To Be Assigned 

FAA Case No, 2008SW290060 

Dear Sir or Madam; 

D 

EARIHG DOCKE; 

T])}A$>- atlhOOU3 

Enclosed are the original and one copy of the complaint in the above-referenced proceeding. 

The Complainant requests that the hearing in this matter be held in the Washington, DC area, 

and expects that the hearing will last one day. 

Please serve me with all documents in this matter. 

Federal Aviation Administration 

Southwest Region, ASW-7E3, YAB 

Office of the Regional Counsel 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137-0007 

Sincerely, 

DAVrD.i:T30NNELL 

Actmg Regional Counsel 

So(«hwe^Region 

Agency Attorney 

Safety Enforcement Branch 

(817)222-5070 

FAX (617) 222-5945/5092 

Email: yolanda.a.bernal@faa.gov 

Enclosures 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

MICHAEL KILOUFF 

FAA Case No. 2008SW290060 

FAA Docket CP No.: To Be Assigned 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, thereby files its 

Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208). and 

states as follows: 

On August 13, 2010, Michael Kilduff, was advised through a Notice of 

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

of $1,000.00. Respondents request for hearing is dated January 14, 2011, sent by 

Mr. Michael Kilduff. 

1. On February 26, 2008, Mr. Michael Kilduff was a passenger aboard Southwest 

Airlines, Flight 3861, an air earner operating from Baltimore, Maryland (BWI), to Salt 

Lake City, Utah (SLC). 

2. While onboard the flight described in paragraph 1, Mr. Michael Kilduff failed to comply 

with the crewmembers instructions prohibiting smoking onboard the aircraft and in 

lavatories, in that Mr. Michael Kilduff smoked a cigarette in the aircraft lavatory while 

the "No Smoking Sign" was illuminated. 

3. Flight attendant 'A' smelted cigarette smoke coming from the lavatory, Mr. Michael 

Kilduff was using, about halfway into the flight, and after he exited back to his seat, 

she discovered cigarette ashes In the sink. 

4. When Mr. Michael Kilduff were questioned by the flight attendant about smoking in the 

lavatory he first denied that he had but then stated that the butt had been flushed 

down the toilet. 

5. The Captain was notified and law enforcement met the flight to talk with Mr. Michael 

Kilduff. 
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III. 

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

following Federal Aviation Regulations (FAR): 

a. Section 121.317(g), in that you smoked a cigarette while a "No 

Smoking" sign was lighted and while a "No Smoking" placard was posted. 

b. Section 121.317(h), in that you smoked in an airplane lavatory while in 

flight. 

c. 14 C.F.R. Section 121.317(k). in that you failed to comply with 

crevwnember instructions given to you regarding no smoking in the 

lavatories. 

1 - Under 49 U.S.C. §46301, Respondent Mr. Michael Kilduff is subject to 

a civil penalty for each of the violations alleged. The maximum penalty per violation 

is $1,000.00. 

2. By reason of the foregoing facts and circumstances, we proposed to 

assess a civil penalty for the violation noted above in the amount of $1,000.00. 

Complainant respectfully requests that the administrative law judge enter an 

order that Respondent Mr. Michael Kilduff be assessed a civil penalty in the amount 

of $1,000.00. 

Submitted this 26'" day of January 2011. 

LYNBTTE WORD 

Regional Counsel 

So/jthwast Meg Ion 

lal, Attorney 

Safety Enforcement Branch 

(817)222-5070 

FAX (817) 222-5092 

e-mail: Yolanda.A.Bernal(a).faa.Qov 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been mailed this date by 

Regular Mail & Certified Mail, Return Receipt Requested, to: Respondent Mr. 

Michael Kilduff, and Certified Mail, Return Receipt Requested, to: the Hearing 

Docket Clerk. 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2W2014 

Mr. Michael KildufT 

430 Jackson Street 

Woodstock, VA 22664 

Kathryn J Wilsdn y 

Management & Program Analyst 

Federal Aviation Administration 

Southwest Region 

Date: \ 19 (f 1201 I 
02/14/2011 12:12 FAX 2024935142 FAA * DMS @l005/008 

Attn.: Yola'nc^ Bi ernal 

to^you off tffaTsame late^ ^ ^^ ^^^ '^"®' ' "^^^^"^ 8/24/10 that was mailed 

Michael Kilduff 
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Aueusr 24, 2010 

Hearing Docket , 

ATTN: Hearing Docket Clerk, A6C-430 

Federal Aviation Administration 

800 Independence Avenue S.W. 

Wilbur Wright Building, Suite 2W1'000 

Washington, DC 20591 

Re: Case Number 2008SW29005D 

To whom it may concern, 

I, Michael Kilduff do hereby request a forms! hearing in reference to the matter stated on the copy of 

the enclosed letter. I am of the understanding that the hearing will be held at the F.A.A. office located in 

Washington, DC. 

Respectfully, 

yudju( lU^^- ^ 

Michael Kilduff 

430 Jackson Street 

Woodstock, Va. 22664