U.S. Department ofTransportation Federal Aviation Administration 

### JAN 1 7

### Z014 VIA FEDERAL EXPRESS Eastern Region Regional Counsel Telephone: 718 553-3255 Facsimile: 718 995-5699

Federal Aviation Ad..,.ninistration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright**Building~** Room 2014 1Aviation Plaza Jamaica, NY 11434

1 ?; 'i

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ATTN: HEARING DOCKET CLERK Re: Inthe Matter ofMaryE.Bochiardy DocketNo. 2011EA170066 Enclosed hereinplease fmd a copy ofa request for hearing and the original and one copyof the FicA's Complaint in the above-entitled action for filing, together with proofofservice upon the Respondent.. In addition, please find an original and one copy of the FAA's Motion to Dismiss Late-FiledAppeal. The FAArequests that the hearing in this matter be held in the Philadelphia, Pennsylvania area, and expects that the hearing 

### will last one day. Please address all communications for the Federal Aviation Administration to the attention of Judith L. Vaughan, Office of the Regional Counsel, 1 Aviation Plaza, Jamaica, NY 11434. Sincerely, Alfred R. Johnson, Jr. Regional Counsel

Enclosures01/10/2014 18:06 FAX 2024835142

Date: January 8. 2014 From: Mary Hochiardy 1450 Sunset Point Road Clearwater, FL 33755 (386) 214-0414 To: Hearing Docket Fcdcml Aviation Administration 600 IndependenceAvenue, S W FAA

Wilbur Wright Building- Suite 2W1000 Washington, DC 2059I**Attentlg~:** Hearing**9.P.!'~et** Clerk,**AG{;~'I30** To All. 141002/008

Please forgive me as I am now representing myselfand floundering to get someone to help me appeal. Iwishto appeal and I have attached proofthat I had requested my original counsel to submitback on November 22, 2013 via email. In summary, I had replledto my (then) attorney to go ahead and submitto appeal after Atty. Vaughan settlement offer was notacceptable to me. This is highlighted in the printout dated 11/22/13 to Greg Reigel from me. When 1 asked for the status ofthe case, Atty. Reigel stated he did not file in my behalf and when I engaged A tty Vaughn, she indicated the time to appeal had expired. Iam hoppy to deal with Atty.Judith Vaughan as she hasbeen very flexible with regard to this claim, however, Iam notguilty and wish to proceed to appeal as

### mv original arrorney did not present (or represent) me accurately. Best Regards, Mary Bochiardy marybqchiardy(wcoms:iJJLnet (386) 214-0414 Attachments: Email string with Greg Reigel, Judith Vaughan and myself.

### U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.
In the Matter ofMaryE. Bochiardy 2011EA170066 Judge NotAssigned

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I 

### Respondent, Mary E. Bochiardy, was advised through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $7.700. On January 8, 2014, Respondent submitted a written demand for ahearing. II COMPLAINT
1. 

### On or about June 22, 2011, Mary E. Bochiardy was a passenger aboard U.S. Airways Flight No. 738 (hereinafter "the aircraft") from Tampa, Florida to Philadelphia, Pennsylvania (hereinafter "the flight").
2. In preparation for flight, all passengers onboard the aircraft were advised by flight crewmembers to tum offall electrical devices.

### 3. Notwithstanding the above, during the flight Mary E. Bochiardy operated a portable electronic device. 4. Specifically, Mary E. Bochiardy operated a cellphone while a flight crewmember was providing passengers with a mandatory safetybriefing. 5. Further, during the above-described flight Mary E. Bochiardy interfered with a crewmember in the performance of the crewmember's duties aboard the aircraftbeing operated. 6. Specifically, the flight crewmember that was providing the mandatory safety briefing was required to stop her briefing to instruct Mary E. Bochiardyto turn offthe cellphone. 7. In addition, the flight crewmember was required to stop her briefmg and provide notification ofMaryE. Bochiardy's conduct to another crewmember. 8. When the flight crewmember returned to complete the mandatory safety briefing, MaryE. Bochiardywas, once again, operating a cellphone. 9. The flight crewmember repeated her instruction to Mary E. Bochiardy to turn offthe cellphone. 10. Mary E. Bochiardy responded that she "wrote the rules, and I know what interferes and what does not interfere" orwords to that effect. 11. After the mandatory safety briefmg was completed, Mary E. Bochiardy was instructed by a flight crewmember to refrain from operating the cellphone during the flight.
212.Despite this instruction, Mary E. Bochiardy operated the cellphone during the flight on approximately four (4) additional occasions. 13. Specifically, Mary E. Bochiardy sent approximately four (4) text messages during the flight. II. 14. By reason of the above Mary E. Bochiardy violated the following Department of Transportation Regulations (Title 14 ofthe Code ofFederal Regulations):

a. Section 121.580 (14 C.P.R. § 121.580), which states that no person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember's duties aboard an aircraft being operatedunder this part.
b. Section 121.306(a) (14 C.P.R. 121.306(a)), which states that except as provided in paragraph (b) of this section, no person may operate, nor may any operator or pilot in command ofan aircraft allow the operation of, any portable electronic device on any U.S. -registered civil aircraft operating underthis part.
III. Pursuant to 49 U.S.C. § 4630l(a)(5), Mary E. Bochiardy, is liable for a civil penaltynotto exceed $11,000.00 for each ofthe violations alleged.

3

### Under the facts and circumstances of this case, a civil penalty of $7,700.00 is appropriate. WHEREFORE, the Regional Counsel for the Federal Aviation Administration, Eastern Region, respectfully requests that the Administrative Law Judge enter an Order that Mary E. 

### Bochiardy, be assessed a civil penalty inthe amount of$7,700.00 

### for the violations alleged inthis complaint. Respectfully submitted, AlfredR. Johnson, Jr. Regional Counsel
By:

Please Note 

### Pursuant to Title 14 

### CFR § 

### 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 thirty (30) days after the date shown onthe Certificate ofService which is attached to this document.

4CERTIFICATE OF SERVICE
I hereby certify that onthis / 

## Tfi- day ofJanuary, 2014, copies ofthe foregoing Administrator's Complainthas been served uponthe following via Federal Express:



### JAN 17 ?014 Dated:
____ _ Hearing Docket AttentionHearing Docket Clerk Federal AviationAdministration 600 Independence Avenue, SW WashingtonDC 20591 Wilbur Wright Building-Suite 2Wl000 Washington, DC 20591 Ms. MaryE. Bochiardy 1450 SunsetPoint Blvd. Clearwater, Florida 33755

1 Paralegal pecialist Federal AviationAdministration Office ofRegional Counsel 1AviationPlaza Jamaica, NY 11434

5U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATIONADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter ofMaryE. Bochiardy 2011EA170066 Judge Not Assigned
NOTICE OF APPEARANCE Complainant, Federal Aviation Administration, hereby notifies the United States Department of Transportation, Office of Hearings, and the Respondent, pursuant to 14 C.F.R. §13.204(b), that it shall be represented in the above-stated action by the attorney listed below. All communications, pleadings or documents are respectfullyrequested to be forwarded as follows: Judith 

### L. Vaughan Federal AviationAdministration Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434 Telephone: 718 553-3255 Facsimile: 718 995-5699 Respectfully submitted, AlfredR. Johnson, Jr. Regional Counsel

Dated:CERTIFICATE OF SERVICE
I hereby certifythat on this 

## IZ-a day ofJanuary, 2014, copies ofthe foregoing Notice ofAppearance has been served uponthe following via Federal Express:



### JAN 1 7Z014 Dated:
_____ _ Hearing Docket AttentionHearing Docket Clerk Federal AviationAdministration 600 Independence Avenue, SW Washington DC 20591 Wilbur Wright Building-Suite 2Wl000 Washington, DC 20591 Ms. Mary E. Bochiardy 1450 Sunset Point Blvd. Clearwater, Florida 33755

# ~!i~ Paralegal Specialist Federal AviationAdministration Office ofRegional Counsel 1AviationPlaza Jamaica, NY 11434

2