Deportment

of Trorportqtlon
U.S,

Souhwest Region

Ofice of Regional Counsel

2601 Meacham Blvd.
Fort Worth, TX 761 37-0007
(81 7) 222-5099
181 7't 222-5945 I 50 92 FAX

Arkansas. Lousiana.
New Mexico, Oklahoma
Texas

Federol Aviolion
Administrolion

March 17, 20]-0

Case Nunber : 20095W290175

Regrlar fifall &

CERIFID !fAII - Return, F,eceip Requested
.

I"fr. avid Huner Robinson

ORDER. SSESSIIG

CMI

PEifTY

On Sept.ernber 76, 2009, you were advised through a NoE.ice of Proposed Civil
PenalEy thaE the FA.A. Broposed to assess a civil. penal.y in he amount of
$5,000.00. However, aft.er further review and consideration it is determined to
accept your agreed sectlemert of 91,000.00 with payment. by promissory note, in
this mat.ter.

After considering all the evidence in this matter, including informaEion from
the informal conference heLd on December 8, 2009, the forrowing incrudes
that:
I0, 2009, you lvere a passeng'er aboard SouthwesE irlnes,
fligrht 33?, ar air carrier operatng from Birrningham, Alabama (BHM),
to Jacksonville, Florida (rlAxl.

L.

On March

During the passenger boarding process, you made your vray to the back
of the aircraft, ad made an apologiy to f-ight aEEendant B because of
an inappropriae conment you had made .o her earLier when you \rere
boarding.

3.

fter flighE attendant B finished the safety Demonstration, you went

to the back ga11ey aqain, ad asked her out. She t.old you Ehanks but
no hanks and you were told. to ret:rn to your seat

4.

Again, while the seat belt sigrn was illuminaEed you got ouL of your
seat, and frigh aEtendant instructed you to return Eo your sea.

5.

You continued t.o Ery t.alking with flight attendant B, and EoId her you
had a surrrise f or her J-n your pants.

6.

FligrhE aEtendat B EoId you EhaE you were oue-of-line, and ehat you
needed to sEop trying t,o talk wifh her using obscene \,ulgar langnrage.

7.

FlighE aLtendant B was distracted from her normal flight duies

because you continued trying to make conversaEion witb her.

8.

t/hile fJ.ighr attendant B was serving drinks in the front of the plane.
you all-of-a-sudden, grabbed her from behnd.

9. Fright attendant B Lol-d lzou to return to your seat, and informed

that. the seat belt. sigrn was on.
l-0

you

- You did not return to your seat. at, that. pont-in:time but tried to
her.

huq

f1ght attendant pushed you off because you tried o hug her
again, and she t.o1d you not to t,ouch her.

11-. The

12. You contnued trying o hug flight attendant B, and again she
continued to push you away.
l-3. Then, you tried to gral her hand, except
defending herself, from you.

she

yanked her hand

avay,

L4. At that point, f1ght at.tendant B told you to take your seat or
would inform he Captain of your behavior.

she

L5. Because of your harassing behavior and. your physical assault to flight
attendant B, flight attendant A & B exchanged assigned. duty positions
n an attempt for B t.o get away from you.
l-6. You then went to the back of the plane and asked flght attend.ant C
for an alcoholic beverage and because you appeared to be intoxicated
were refused alcohol_
17. All three flight attendant refused to serve you alcohol, and you made
threats that were going to get them fired because you worked for the
Goverrunen.

l-8. You int.erfered with the flight crew in their normal flight. duties when
you would not remain seated while the seat. belt sigrn was on, and your
continual efforts to intimidate flight att.endant B.

arrival, you were detained by law enforcement in ,facksonville.

By reason of the foregoingr facts ard circumstances you violated Section
121-.580, of the FAR in that no person may assault, threat,en, intimidae, or
inLerfere with a crewmeniber in the performance of the crewmeniber,s duties
aboard an aircraft being operated under this part.
1-9. Upon

under 49 u.s.c. s46301- you are lia-ble for a civir penalty noE to exceed.
$l-L,000.00 for each of the Federal avat,ion Regnrlat,on violaLions. By reason
of the foregoing facts and crcumstrances, \de proposed to assess a civil penalty
in the amount. of $5,000.00. However, the Financial Statement of ebtor you
submitted dated Decenlcer 20, 2009, shows tha you currently have a financial
hardship and as an agreed setlement. you will pay a lower civil penalty amount
of $1-,000.00 bypromissory note d.uring a 1O-month timeframe, at 9100.00 month.
The civiL penalty is waived in the amount of $4,000.00, leaving a bal-arce due

in the amount of $1,000.00.

IT IS ORDERED' Pursuant to 49 U.S.C. 46301, by reason of the foregoing

facts and circumstances, it, is determned you pay a civil penalty in the
amount of $1-,000.00, in order t,o settle this matter.
NOVV,

You are hereby ordered to pay, as detailed in the promissory Note, the
assessed anount by mailing or delivering a certified check or money order,
$100.00 each over L0-months beginning May 1, 201,0, or until gl-,000.00 is
fu1ly paid, payable to "Federal Aviat.ion Administration" please include your
case number 2009SVrI290Lj5 on your payment inst,rumenE.
Addressed to:

OT/FAA/MMAC

Attn: Tina

Le

Accourtts Receivable, AMZ-350

P.O. Box 25770
OkLahoma

Cty, OK

731-25-4915

The amount of civil penalty assessed in this order constitutes a debt owed. to
the United. Stat.es. You have now exhausted your right to seek review of the

validity or amourrt of ths debt. If this debt is not paid in full within
days of your receipt of this letter, the debt is considered delinquent.

30

For delinquent debts, Federal Regulation (49 C.F.R. Section 89.23) requires us
to charge nteres, from the date of this Order, at a fixed. annual rate of lt,
along with an administratve charge of $1-2 per monh, representing our costs of
adminsrative collection. Furthermore, if the full amount assessed is not
paid in futl within L20 days of your receipt of this letter, we are required to
assess an additional penalty at an annual rat,e of 3.252, accruing from the date

of delinquency.

Delinquen debts may be reported to consmer report.ing agencies or conrnercial

credit bureaus, which could adversely affect your credit rating. Nonpalment. of
this debt may ultimately resuLt in a referral to a collection ag:ency, the
fnternal Revenue Service, or the United SLates Department of .Iustice for
enforced collecLion.

LYNETTE

V\7ORD

Regrional Counsel
Southwest. Region
By:

Yolanda Ayala

Attorney
Safety Enforcement Branch
(8L7) 222-5070
FAx (81-7) 222-594s/5092
:

Email : yolanda. a. bernaIGFAA. qov

YBlgtI