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DEPARTMENT OF COMMERCE
CIVIL AERONAUTICS ADMINISTRATION
WASHINGTON 15

July 18, 1949

REGISTERED

Mr. M.A. Gitt
188-40B 71st Crescent Street
Flushing
Long Island, New York

Dear Mr. Gitt:

This office has received a report that on May 6, 1949, you, the holder of an Airline Transport Pilot Certificate, piloted, as Captain in command, a Douglas DC-3 aircraft on Colonial Airlines' scheduled trip #30 from LaGuardia Field, New York, New York, to Albany, New York, and failed to comply with traffic control instructions given you. This information, if correct, indicates that sections 60.109 and 60.111 of the Civil Air Regulations and Section 610(a) of the Civil Aeronautics Act of 1938, as amended, have been violated.

If you have any information or material relative to this matter either to explain, excuse, or disprove the violation, you may be sure that it will receive our careful consideration. Such information may be submitted by you in person at my office. If you prefer, it may be submitted in writing.

The Civil Aeronautics Act provides that any person who violates section 610(a) is subject to a civil penalty not to exceed $1,000 for each violation. However, in order to provide for settlement of civil penalties on a just basis, the Civil Aeronautics Act authorizes the Administrator to compromise such penalties at amounts less than $1,000.

On the basis of the available information, this office would be willing to recommend acceptance by the Administrator of Civil Aeronautics of an offer by you of $300 as a compromise settlement in this case. The offer, if made, should be accompanied by a certified check or money order payable to the [[UNDERLINED]] Treasurer of the United States.[[UNDERLINED]]

I wish to assure you that there is no requirement under the Civil Aeronautics Act that you make an offer of settlement as suggested in this letter. If you prefer, you have the right to have any issues in this matter presented to the United States District Court. On the basis of the evidence presented at a trial, the United States District Court will determine whether a violation has in fact occurred and the amount of the civil penalty, if any, which will be imposed. If you desire to have the matter determined in this way, you may indicate your intentions by so advising me or merely by disregarding this letter.

In order to give you an opportunity to submit an offer in compromise or additional information concerning the alleged violation, no further action will be taken in this matter for a period of 10 days after receipt of this letter by you.

Very truly yours,

R.E. Elwell
General Counsel