o r\y! 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southern Region 

Office of the Regional Counsel 

APR 2 3 2010 

CERTIFIED - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404)305-5223 FAX 

I-;EARIHG DOCKET 

i7026? h\^SUbOsj<;^(^(^ M D '^ 31S Re: In the Matter of Josman 

FAA Case No. 2009SO270263 

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 Atlanta, GA 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, 

TANEESHA D. MARSHALL 

Attorney 

Office of the Regional Counsel 

Enclosures 
Mr. Josman BIythe 

629 Starboard Road NW 

ShaUotte,NC 28470-1835 

Apriil9,2010 

Hearing Docket 

FAA AGC-400 

Room 2014 

600 Independence Ave. SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk 

Dear Sirs, 

On April 16,2010, my brother handed me a Certified Letter about a Final Notice of Proposed 

Civil Penalty. As per section 13.16 of the Federal Aviation Regulations, I am requesting hearing 

on this matter. 

Sincerely, 

Josman BIythe 

Cc: Mr. Eddie L. Thomas 

Regional Counsel, FAA 

P. O. Box 20636 

Atlanta, GA 30320 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Josman BIythe 

Respondent. 

FAA Docket No. 

Judge 

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. 

On April 14, 2010, Respondent, Josman BIythe 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 April 

22, 2010, the Agency Attorney received a written request for a hearing from the Respondent. 

II. 

1. On or about June 04, 2009 you were a passenger aboard Northwest Airiines Flight 

71 traveling fi-om Detroit, Michigan to Nagoya, Japan. 

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

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

controller. 

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

Administrator visibly on your person. 

5. During the flight, you were served, at your request, alcoholic beverages by a fight 

attendant during beverage/meal service. 
6. After consuming the alcohol during the meal service, you appeared to be intoxicated. 

7. When the flight attendants refi-ained fi-om serving you any additional alcoholic 

beverages, you became disruptive and cursed at the crewmembers. 

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

drink. 

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

aggressive and continued to request alcohol. 

10. In addition, you ignored the instmctions of the crewmembers including to remain 

seated while the "fasten your seatbelts" sign was illuminated. 

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

seatbelt. 

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

more crewmembers. 

13. At one point, you physically assauhed a crewmember by grabbing his neck and/or 

shoulders. 

15. Your above behavior interfered with the crewmembers ability to perform their duties 

during the operation of the flight. 

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

individuals on the aircraft. 

III. 

1. As a result of the foregoing, you violated Section 121.580 of the Federal Aviation 

Regulations in that no person may assault, threaten, intimidate, or interfere with a crewmember 

in the performance of the crewmember's dudes aboard an aircraft being operated. 

2. Pursuant to 49 U.S.C. Sections 46301(a)(1) and Secfion 46318, Respondent is 

subject to a civil penalty not to exceed $25,000 for each of the violations alleged. 

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

appropriate. 
WHEREFORE, the Agency, by counsel respectfiilly requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $27,500. 

Respectfiilly submitted this P'^'f day of AwiL2010 

fANEESHA D. MARSHAL^/ 

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 (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Josman BIythe 

629 Starboard Road NW 

Shallotte,NC 28470-1835 

APR 2 3 2Q1Q 

Dated 

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