(

Western-Pacific Region
Office of Regional Counsel

U.S. Department
of Transportation

P.O. Box 92007

Los Angeles, CA 90009-2007
(310) 725-7110
(31 0) 725-681 6 facsimile

Federal Aviation

Administration

Case No. 2010WP300041

March 4,2011

CERTIFIED IVIT{IL - RETURN RECEIPT REOUESTED AND REGULAR MAIL

TO:

ALAN HOUSTON JOHNSON

ORDER ASSESSING CIVIL PENALTY

Through a Notice of Proposed Civil Penalty dated December 77,2010, and through a Final
Notice of Proposed Civil Penalty dated January 28,2011, you were advised that the FAA
proposed to assess a civil penalty in the amount of $3,800.00. As of this date, we have not
received a response to the Notice or Final Notice.

After consideration of all of the available information, it has been determined that:

l.

on or about February 16,2010, you were a ticketed passenger on united Air

Lines, Inc. Flight No. 245 frorn Chicago, Illinois to Denver, Colorado.

2.

During the above flight, in separate incidences involving two female flight
attendants, you grabbed or pinched their buttocks.

3.

During the above flight, subsequent to grabbing or pinching the buttocks of the
flight attendants, you threw a cup of water at one of the flight attendants.

4.

During the above flight, you pressed your genitals up against the back side of
female passenger.

5.

6.

The aircraft flight crew was notified of the incidents and requested the purser to
direct you to remain in your passenger seat.

Only upon several requests from the purser did you proceed to your seat and sit
down.

By reason of the foregoing facts and circumstances, you violated the following:

a.

Section 121.580 of the Federal Aviation Regulations (14 C.F.R. 121.580), in 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; and

b.

Title 49 United States Code Section 46318(a), which states: GENERAL RULE.
An individual who physically assaults or threatens to physically assault a member
of the flight crew or cabin crew of a civil aircraft or any other individual on the
aircraft, or takes any action that poses an imminent threat to the safety of the
aircraft or other individuals on the aircraft is liable to the United States
Government for a civil penalty of not more than $25,000.00.

Further, under 49 U.S.C. Section 46301(a), you are subject to a civil penalty not to exceed
$11,000.00 for each violation of the Federal Aviation Regulations.

NOW, THEREFORE, IT IS ORDERED, pursuant to Title 49 U.S.C., Section 46301(a), that you
be and hereby are assessed a civil penalty in the amount of 53,800.00.
You are hereby ordered to pay, immediately, the assessed amount by mailing a certified check or
money order in the amount of $3,800.00, payable to "Federal Aviation Administration", to
FAA/MMAC, AMZ-310-WP/NIM, PO Box 25770, Oklahoma City, OK 73125. The amount of
civil penalty assessed in that Order constitutes a debt owed to the United States. You have
exhausted your right to seek review of the validity or amount of this debt. If this debt is not paid
in full within 30 days of your receipt of this letter, the debt is considered delinquent. For
delinquent debts, federal regulation (49 C.F.R. Section 89.23) requires us to charge interest, from
the date of this letter, at a fixed annual rate of 3%o, along with an administrative charge of $12.00
per month, representing our costs of administrative collection. Furthermore, if the full amount
assessed is not paid in full within 120 days of your receipt of this letter, we are required to assess
an additional penalty at an annual rate of 6%o, accruing from the date of delinquency. Delinquent
debts may be reported to consumer reporting agencies or commercial credit bureaus, which could
adversely affect your credit rating. Nonpayment of this debt may ultimately result in a referral to
a collection agency, the Internal Revenue Service, or to the United States Department of Justice
for enforced collection.
You may pay your civil penalty with a credit card over the Internet. To pay electronically, visit
the web site at http://www.pav.gov. Under the "search Public Forms" option located on the left
side of the page, type FWP-FINEI and press "Go." On the page entitled "Search Public
Forms," scrollto the bottom of the page and enter "Next Page." Click on "FAA Civil Penalty
Payments - Western-Pacific Region," follow the prompts to complete the requested information

and click "submit" to pay by credit card. Please advise me of the date of any payment made
over the Internet.

NaomiTsuda
Reeional Counsel

By:
Lisa J. Toscano
Attorney

cc:

AWP-230, FSDO, AMZ-310 (email)