U .S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

JOSMAN BLYTHE. 

Respondent. 

RECElU£o 

JUL - 7 2010 

HEARING DOCKET 

FAA Docket No. CP10SO0005 

Judge Benkin 

^oio-oj/Sf 

COMPLAINANT'S RESPONSE TO RESPONDENT'S REOUEST FOR COMPULSION 

The Agency, by the undersigned counsel, and pursuant to 14 C.F.R 13.220, hereby files 

its Response to Respondent's Request for Compulsion dated June 21, 2010 as follows: 

The Respondent requests that the Administrator produce the "EIR Folder compiled by the 

FAA in its entirety," "all interviews conducted by the FAA into this matter," and "the 

investigator's report as outlined in FAA 2150.38." Respondent appears to be requesting the 

entire EIR, including the investigator's report (Section B) and all interviews conducted by the 

FAA. 

As acknowledged by Respondent in his request, the Administrator provided the 

releasable portions of the EIR on June 15, 2010. The copy provided to Respondent included all 

interview statements that are part of the FAA's investigation for the above listed case, and all 

other information that was considered by the legal office in determining whether a violation 

occurred. The only information included in the EIR that was not provided to the Respondent 

were Items 18 though 33 of FAA Form 2150-5A, Section B, and intra-agency attorney work 

product. The information withheld contains the reporting inspector's opinions, and feelings 
about potential violations, and is not considered evidence nor is it considered when determining 

whether a violation occurred. These were withheld pursuant to Exemption 5 of the Freedom of 

Informafion Act, 5 U.S.C. Section 552(b)(5); implemented by 49 CFR Section 7.71. The records 

we are withholding contain staff opinions and recommendations by the investigating inspector 

regarding regulations believed to be violated and sanction to be imposed. The opinions and 

recommendations are developed for use by agency trial attorneys who may adopt, modify or 

reject the recommendations in handling the case. To allow release of those records would 

discourage open and frank discussions between agency employees, which are helpful in 

enforcement actions, create confusion in those cases where recommendations and opinions are 

not adopted, and breach the attorney-client privilege. 

As such, the aforementioned information is protected under prosecutorial discretion and 

decisional and internal deliberative process. American Airlines, FAA Docket No. CP89GL0118 

(October 31, 1989); Malco Products. Inc.. FAA Docket No. CP02SO0015 (July 30, 2002). 

Respectfully submitted this 29th day of June, 2010. 

NICOLE L. JACKS( 

Attorney 

Office of the Regional Counsel 
CERTIFICATE OF SERVICE 

I certify that the foregoing Response to Respondent's Request for Compulsion has been 

sent via facsimile and regular mail to: 

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. El2-320 

Washington, DC 20590 

(FAX) (202) 366-7536 

And certified-return receipt and regular mail to: 

Josman Blythe 

c/o Douglas Blythe 

536 Medcalf Drive S.W. 

Sunsset Beach, NC 28468 

and the original and one copy via regular mail to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

' 2 9 ZOli 

Dated