I

ÈU,S, Deporimentof Tronsporiotion

Federsl AviolionAdminislrotion

Southwest RegionArkansâs, Louisiana.New Mexico. OklahomaTexas

Otfrce of Regional Counseì2601 Meacham BoulevardFort Worth, TX 76137(817) 222-5099(8 1 7 ) 222-5945/5092 FAX

August 4,2010

Sent FEDERAL EXPRESS

Case No. 2009SW290135

ORDER ASSESSING CIVIL PENALTY

You were advised through a Final Notice of Proposed Civil Penalty that the FAAproposed to assess a civil penalty in the amount of $11,000.00.

After considering all the evidence in this matter, including the documents you providedto Mr. David Donnell, Managing Attorney for the FAA and pursuant to the settlementagreement reached by the parties, the Administrator has determined that:

1. On July 9, 2008, you were a passenger on board Southwest Airline, flight1934, an air carrier from Jacksonville, Florida (JAX), to Fort Lauderdale,Florida (FLL).

2. On the flight described in paragraph 1, you were asked multiple times toput your seatbelt on for landing.

3. As the flight was preparing for landing, you were asked by flightattendant, Maxwell, to put your seatbelt on and to shut off your cellphone.

4. You disregarded the flight attendants instructions.

5. The flight attendant took your cell phone.

6. A physical altercation ensued in which you and a flight attendantexchanged blows.

7. Several male passengers stepped in to separate you from flightättendant, Roark, while flight attendant, Asbury, observed you reachbetween the assistants and punch, Roark, in the face for the secondtime.

Flight attendant, Maxwell, notified the cockpit of the situation.

The Captain requested Security meet the flight.

You got out of your seat and started yelling you wanted your cell phoneback because you paid $800 for your ticket and you had obeyed everyrule.The Flight attendants told you to sit down and put your seatbelt on as theflight was about to land.

12. You finally sat down prior to landing.

By reason of the foregoing facts and circumstances, you violated the following FederalAviation Regulations (FAR):

a. Section 121.306(a), was violated when you operated a portableelectronic device on the aircraft contrary to the instructions of the aircarrier, and;

b. Section 121.580,was violated when you interfered with crewmembers inthe performance of their duties aboard an aircraft being operated underthis part.

THEREFORE, lT lS ORDERED under 49 U.S.C. 546301 that you are assessed a civilpenalty in the amount of $4,000.00.

However, in light of the conflicting evidence as to how the physicalaltercation began and who was at fault, we have concluded that a reduction inthe civil penalty amount from $11,000.00 to $4,000.00 is warranted. The amountof $t,750.00 is deducted since you submitted evidence of costs expendedsurrounding this event. You have agreed and are required to pay the balance of$2,250.00 in accordance with the signed Promissory. Note.

You are ordered to pay the assessed amount of $2,250.00 in accordance with thesigned Promissory Note by mailing or delivering checks or money orders payable to"Federa l Aviation Ad m in istration, " add ressed to Sonny Rogers, FAA/MMAC/AR,AMZ-350-SW, P.O. Box25770, Oklahoma City, Oklahoma 73125. Please be sure toindicate the Gase Number on the front of your checks or money orders. We alsoaccept payment by VISA or MasterCard. lf you choose to make payment using thecharge card method, please provide us with the credit card number, expiration date,and cardholder's name. ln the alternative, you may pay your civil penalty with a creditcard over the lnternet. To pay electronically, visit the web site at http://pay.qov andclick on "Agency Lisf' under "What FederalAgencies Can I P"y;" then click "FederalAviation Administration" in the "A to Z lndex of U.S. Government Departments andAgencies," which will bring you to the "FAA Givil Penalty Payments - FAA

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Southwest Region" page. You must then complete the requested information andclick "submit" to pay by credit card.

The amount of civil penalty assessed in this Order constitutes a debt owed to theUnited States. You have now exhausted your right to seek review of the validity oramount of this debt. lf payments on this debt are not paid in full within 30 days ofyrhen each payment is due, the debt is considered delinquent. For delinquent debts,federal regulation (49 CFR 589.23) requires us to charge interest from the date of thisOrde¡ at a fixed annual rate of LO9/o, along with an adm¡nistrative charge of $12.00 permonth, representíng our costs of administrative collection. Furthermore, if the fullamount assessed is not paid in full in accordance with the terms of the promissorynote, we are required to assess an additional penalty at an annual rate of 3.259/o,accruing from the date of delinquency. Delinquent debts may be reported to consumerreporting agencies or commercial credit bureaus, which could adversely affect yourcredit rating. Nonpayment of this debt may ultimately result in a referral to a collectionagency, the Treasury Department,.or to the United States Department of Justice forenforced collection.

LYNETTE WORDRegional CounselSouthwest Region

By:

f*fu-l XÑ?*,!-!L

Yolanda Ayala BernalAttorneySafety Enforcement BranchTEL: (817) 222-5070FAX: (817) 222-5945 or 5092e-mail : Yol and a. A. Bern al@fa a.oov