U.S. Department 

of Transportation 

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 

1 Aviation Plaza 

Jamaica, NY 11434 

1 ?; 'i ,,. b ,f" -j 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter of Mary E.Bochiardy 

Docket No. 2011EA170066 

Enclosed herein please fmd a copy of a request for hearing and the original and one copy of 

the FicA's Complaint in the above-entitled action for filing, together with proof of service 

upon the Respondent.. In addition, please find an original and one copy of the FAA's 

Motion to Dismiss Late-Filed Appeal. 

The FAA requests 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 

Enclosures 
01/10/2014 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 Independence A venue, S W 

FAA 

Wilbur Wright Building- Suite 2W1 000 

Washington, DC 2059 I 

Attentlg~: Hearing 9.P.!'~et Clerk, AG{;~'I30 

To All. 

141002/008 

Please forgive me as I am now representing myself and floundering to get someone to help me appeal. 

I wish to appeal and I have attached proof that I had requested my original counsel to submit back on 

November 22, 2013 via email. 

In summary, I had replledto my (then) attorney to go ahead and submit to appeal after Atty. Vaughan 

settlement offer was not acceptable to me. This is highlighted in the printout dated 11/22/13 to Greg 

Reigel from me. When 1 asked for the status of the 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. 

I am hoppy to deal with Atty. Judith Vaughan as she has been very flexible with regard to this claim, 

however, I am not guilty 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 of Mary E. Bochiardy 

2011EA170066 

Judge Not 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 

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 a hearing. 

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 off all 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 safety briefing. 

5. Further, during the above-described flight Mary E. Bochiardy interfered with a 

crewmember in the performance of the crewmember' s duties aboard the 

aircraft being operated. 

6. Specifically, the flight crewmember that was providing the mandatory safety 

briefing was required to stop her briefing to instruct Mary E. Bochiardy to turn 

off the cellphone. 

7. In addition, the flight crewmember was required to stop her briefmg and 

provide notification of Mary E. Bochiardy' s conduct to another crewmember. 

8. When the flight crewmember returned to complete the mandatory safety 

briefing, Mary E. Bochiardy was, once again, operating a cellphone. 

9. The flight crewmember repeated her instruction to Mary E. Bochiardy to turn 

off the cellphone. 

10. Mary E. Bochiardy responded that she "wrote the rules, and I know what 

interferes and what does not interfere" or words 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. 

2 
12. 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 of the Code of Federal 

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 

operated under 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 of an aircraft allow the operation 

of, any portable electronic device on any U.S. -registered civil aircraft 

operating under this part. 

III. 

Pursuant to 49 U.S.C. § 4630l(a)(5), Mary E. Bochiardy, is liable for a civil 

penalty not to exceed $11,000.00 for each of the 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 in the amount of $7,700.00 

for the violations alleged in this complaint. 

Respectfully submitted, 

Alfred R. 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 on the Certificate of Service which is attached to this document. 

4 
CERTIFICATE OF SERVICE 

I hereby certify that on this / Tfi- day ofJanuary, 2014, copies of the 

foregoing Administrator's Complaint has been served upon the following via Federal 

Express: 

JAN 17 ?014 

Dated: ____ _ 

Hearing Docket 

Attention Hearing Docket Clerk 

Federal Aviation Administration 

600 Independence A venue, SW 

Washington DC 20591 

Wilbur Wright Building-Suite 2Wl000 

Washington, DC 20591 

Ms. Mary E. Bochiardy 

1450 Sunset Point Blvd. 

Clearwater, Florida 33755 

1 

Paralegal pecialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

5 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Mary E. Bochiardy 

20 11EA170066 

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 respectfully requested to be 

forwarded as follows: 

Judith L. Vaughan 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3255 

Facsimile: 718 995-5699 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

Dated: 
CERTIFICATE OF SERVICE 

I hereby certify that on this IZ-a day of January, 2014, copies of the 

foregoing Notice of Appearance has been served upon the following via Federal 

Express: 

JAN 1 7 Z014 

Dated: _____ _ 

Hearing Docket 

Attention Hearing Docket Clerk 

Federal Aviation Administration 

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 Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

2