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^ 

V.S. Department 

of Transportation 

Federal Aviation 

AdministraHon 

RECEIVED 

AUG 0 4 2010 

HEARING DOCKET 

800 Indepandence Avenue. S.W. 

Washington, D.C. 20591 

CERTIFTED MAIL - RETURN RECEIPT REQUESTED 

July 28, 2010 

Hearing Docket 

Federal Aviation Administration 

Orville Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2 W1000 

RE: In the Matter of Brian Wallacsa. FAA Docket No. CP- _ , Case No. 2010WP190018 

Enclosed please find the original and one copy of the complaint in the above-referenced case. 

The Complainant expects that the hearing in this case will last one day and request's that the 

hearing be held in Washington, DC. All correspondence to the Complainant in this matter 

should be directed to undersigned counsel at: 

Jim Conneely 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Wa-shingtoft, D.C. 20591 

Tel: (202)267-7268 

Fax: (202)267-5106 

RcspeciAiHy; "~~y 

^,.Jirn Conneely 

Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Enclosure 

cc: Brian Wallacsa 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

) 

In the matter of: ) 

) FAA Docket No. CPBRIAN WALLAFSA ) Case No. 2010WP190018 

) 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Federal Aviation Administration (FAA or Complainant), by counsel, hereby files its 

Complaint, pursuant to Rule 208 of the Rules of Practice in FAA Civil Penalty Actions (14 

C.F.R. § 13.208), and states as follows: 

I. 

Brian Wallaesa (Respondent) was advised through a Notice of Proposed Civil Penalty as 

amended April 7, 2010, that the FAA proposed to assess a civil penalty in the amount of $5,500. 

By a letter dated July 13, 2010, Respondent requested a hearing. The Enforcement Division, 

FAA Office of the Chief Counsel received Respondent's written request for hearing on July 14, 

2010. 

II. 

1. On or about November 6, 2009, the Respondent was a passenger on board 

Southwest Airlines' flight 3049, operating from Baltimore, MD to Las Vegas, NV. 

2. On the above occasion, Southwest Airlines' flight 3049 was operating under part 

121 of the Federal Aviation Regulations. 

3. During the passenger briefing piior to the flight, passengers were advised of the 

regulations requiring them to comply with crewmember instructions during the flight. 
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4. During the flight, when the seatbelt sign was illuminated, the Respondent was 

asked several times by crewmembers to take his seat, but he refused. 

5. His conduct referenced in the above paragraphs inierleied with the performance 

of the crevvmembers' duties. 

III. 

1. For the above reasons, the Respondent violated the following Federal Aviation 

Regulations (Title 14, Code of Federal Regulations): 

(a) Section 121.317(1), in that, as apassengcr required by section 121.311(b) 

to occupy a scat or berth, the Respondent failed to fasten his .safety belt about himself and keep it 

fastened while the "Fasten Seat Belt" sign was lighted, 

(b) Section 121.317(k), in that he failed to comply with instructions given to 

him by a crewmember regarding compliance with paragraph (f) of this section; and 

(c) Section 121.580 in that he threatened, intimidated, or interfered with a 

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

2. Under 49 U.S.C. § 46301 (a)(5)(A), the Respondent is subject to a civil penalty 

not to exceed $10,000 for each violation of the Federal Aviation Regulations. 

3. Under the facts and circumstances of this case, a civil penalty in the amount of 

$5,500 is appropriate for these violations. 
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WHEREFORE, the Complainant, by counsel, respectfully requests that the Admini.strative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $5,500. 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

Enforcement Di visi©ft;-^G C-3 00 

Date: July 28, 2010 

V . 

James Coiihecly 

Atiorhey 

Enforcement Division, AGC-300 

Federal Aviation Administration 

Office of the Chief Counsel 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Telephone: (202) 267-9958 

Facsimile: (202)267-5106 

•='- > 

BlVED 

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' ^ DOCKET 
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CERTIFICATE OF SERVICE 

I hereby certify that on this date, I have sent by U.S. mail, postage prepaid, certified 

return-receipt requested, a copy of the foregoing complaint in the matter of Brian Wallaesa, 

FAA Docket No. CP-_, Case No. 20IOWP190018, to: 

Brian Wallaesa 

11272 Wortham Crest Circle 

Manassas, V A 20109 

In addition, 1 hereby certify that on this date, i have sent by U.S. mail, postage prepaid, 

certified return-receipt requested, the original and one copy of the foregoing document to: 

Hearing Docket 

Federal Aviation Administration 

Orville Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2W1000 

Date: Jiily28, 2010