U.S. Department ofTransportation Federal Aviation Administration July 10, 2013 Western-Pacific Region Office ofthe Regional Counsel

CERTIFIED MAIL- RETURN RECEIPT REQUESTED Federal Aviation Administration P.O. Box 92007 Los Angeles, CA 90009-2007 Telephone: (310) 725-7112 Fax: (310) 725-6816

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800 Independence Avenue, SW · · 

### lJ Washington, DC 20591**~** Att1i: Hearing Docket Clerk, AGC-430 

### .rWilbur Wright Building

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### d..«f.;U**~** Re: Inthe Matter ofMesaA1rhnes, Inc.; CaseNo. 2012WP370048 

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## 1<.} Enclosed is a copy ofa request for hearing dated July 3, 2013, and the original and one copy of the Complaint in the above-referencedproceeding. I request that the hearing inthis matterbe held in the Phoenix, Arizona area, and expect that the hearing will last one (1) day. Please address all communications for the Regional Counsel ofthe Western-Pacific Region, to the. undersigned, at: Office ofthe Regional Counsel, AWP-7, Federal Aviation Administration,.·

. . . Westem-Paciflc Region, P. 

### 0. Box 92007, Los Angeles, CA 90009-2007, Telephone: (310) 725-7112, FAX: (310) 725-6816. Sincerely,

Theodore P. Byrne Attorney Enclosures: Request for Hearing; Complaint; Certificate ofService 

# RECEIVED JUL 

# 1. 52013 HEARING DOCKET

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE REQUIRE THAT A WRITTEN ANSWERTO THE COMPLAINT BE FILED NOT LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BEFILED PURSUANT TO SECTION 13.208(D) OR SECTION 13.218(F)(l-4) OF THERULES OF PRACTICE.
cc: AWP-240, Phoenix CMO

### In the Matter of: 

### U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

FAA DOCKET Mesa Airlines, Inc. 

# RECf=I\/ED JUL 1 52013 HEARING DOCKET

FAA CASE NO. 2012WP370048

----- --- Respondent

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### JUDGENOTASSIGNED COMPLAINT The Complainantfiles its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 

### Respondent, Mesa Airlines, Inc., was advised through a Final Notice ofProposed Civil Penalty thatthe FAA proposed to assess a civil penalty inthe amount of$12,500.00. On July 3, 3, 2013, Respondent submitted a writtenrequest for a hearing.



### II. 1. 

### At all times mentioned herein, Respondent was the holder ofan Air Carrier Certificate, number MASA036A. 2. On or about June 26, 2012, Respondent operated flight 2688 from Memphis,

· Tennessee, to Charlotte, North Carolina. 3. On the above occasion, Respondent's flight 2688was operating under part 121 ofthe Federal Aviation Regulations.-2- 4. Onthe above referenced flight, Respondent allowed a person who appeared to be intoxicated to board its aircraft.



### III. By reason ofthe foregoing facts and circumstances, Respondent violated the following ·Federal Aviation Regulation (Title 14, Code ofFederal Regulations): 14 C.P.R. Section 12l.575(c), which states that no certificate holder may allow any person to board any ofits aircraft ifthat person appears to be intoxicated.

IV. 1. Pursuantto Title 49 U.S.C. Section 46301, Respondent is subject to a civil penalty not to exceed $25,000.00 for each ofthe violations alleged. 2. Underthe facts and circumstances ofthis case, a civil penalty of$12,500.00 is appropriate. WHEREFORE, the Complainant, respectfully requests that the Administrative Law Judge enter an orderthat Respondent be assessed a civil penalty inthe amount of$12,500.00
Respectfully submitted,

Theodore P. Byrne, Attorney Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Dated: July 10, 2013

### CERTIFICATE OF SERVICE
I hereby certify that onthis date I have sentby facsimile andplaced inthe United States mail, postage prepaid, certified mail-return receipt requested, the executed original ofthe Complaint, addressed as follows: Federal Aviation Administration 800 Independence Avenue, SW

.. Washington,DC.-20591-

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Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2Wl000 Facsimile: 202-493-5142

I further certify that on this date I have placed in the United States mail, postage prepaid, certified mail-return receipt requested, a true copy ofthe Complaint, addressed as follows:

Dated: July 10,2013

Agnes bllane Legal Technician Robert E. Cohn, Esq. PatrickR. Rizzi, Esq. Hogan Lovells US LLP 555 Thirteenth Street, NW Washington, DC 20004 Facsimile: 202-637-5910 Chris J. Pappaioanou, Vice President Mesa Airlines, Inc. 410 N. 44th Street Phoenix, AZ 85008

Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Lawndale, California/


# Hogan Lovells Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 T +1 202 637 5600 F +1 202 637 5910 www. hoganlovells.com Robert E. Cohn Patrick R. Rizzi 202.637.4999 I 5659 robert.cohn@hoganlovells.com patrick.rizzi@hoganlovells.com



### --------- ·- -·--·-...-- ----July-3;-2013-- ·----- ----- -- -- ·· -----·--- ----- 

### OvernightDelivery Courier Federal Aviation Administration 600 Independence Avenue, SW, Wilbur Wright Building, Suite 2W1000 Washington, DC 20591 

# RECEIVED Attention: HearingDocket Clerk, AGC·430 

## JUL- 52013 Re: Request for Hearing- MesaAirlines, Inc. 

# HEARING DOCKET FAA Case No. 2012WP370048 To Whom It

### May Concern: Mesa Airlines, Inc. ("Mesa") has received a Final Notice of Proposed Civil Penalty, dated June 12, 2013, regarding the above-referenced matter. (The Final Notice is attached hereto.) Pursuant to 14 C.F.R. §13.16 and the instructions in the Final Notice, Mesa hereby files this request for a hearing regarding this matter. Please be advised that the undersigned counsel are representing Mesa in this matter. All correspondence and documents relating to this matter should be sent to the undersigned counsel. Respectfully submitted,

# ~~ Patrick R. Rizzi Counsel for Mesa Airlines
cc: Naomi Tsuda, FAA Regional Counsel- Western·Pacific Region Theodore Byrne, FAA Attorney Chris Pappaioanou, Vice President and General Counsel, Mesa Airlines

\\DC· 023866/000002 · 4719531 viJ

U.S. Department ofTransportation Federal Aviation Administration Western-Pacific Region Office ofthe Regional Counsel 

# RFCEIVED JUL- 52013 HEARING DOCKET
P.O. Box 92007 Los Angeles, CA 90009'-2007 Telephone: (310) 725-7112 Fax: (310) 725_-6816 CaseNo. 2012WP370048 ,. :- June 12, 2013 

# -----CERTIFIED MAii-:.R.Eru"RNifficEiP1'-rffi"Qu£smD--andR.Eau£Arz-MArc-------
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.**~** . ' Cluis J. Pappaioanou VP and General CQunsel Mesa Airlines, Inc. 410 N. 44th Street Phoenix, AZ 85008 FINAL NOTICE OF PROPOSED CIVIL PENALTY On March 25, 2013, MesaAirlines, Inc. was advised through a Notice ofProposed Civil Penalty that the Federal Aviation Administration (FAA) proposed to assess a civil penalty in the amount of$12,500.00. A report ofinvestigation, including the informationpresented atthe telephonic informal conference held onMay 14, 2013, indicates that: 1. At all times mentioned herein, Mesa Airlines, Inc. was the holder ofan Air Carrier Certificate, number MASA036A. 2. On or about June 26; 2012, MesaAirlines, Inc. operated flight 2688 from Memphis, Tennessee, to Charlotte, North Carolina. 3. Onthe above occasion, MesaAirlines, Inc's flight 2688 was operating under part 121 ofthe Federal Aviation Regulations. 4. On the above referenced flight, Mesa Airlines, Inc. allowed a person who appeared to be intoxicated to board its aircraft. By reason ofthe facts and circumstances described above, Mesa Airlines, Inc. violated the following section ofthe Federal Aviation Regulations: 14 C.P.R. Section 121.575(c), which states that no certificate holder may allow any person to board any ofits aircraft ifthat person appears to be intoxicated. 

### i i. 

## ! i !Under Title 49 U.S.C., Section 46301(a)(5)(A), Mesa Airlines, Inc. is subjectto a civil penalty not to exceed $25,000.00 for each ofthe violations noted. By reason ofthe foregoing facts and circumstances, we proposeto assess a civil penalty in the amount of$12,500.00. Unless a request, inwriting, for a hearing in this matter is mailed orpersonally delivered, on or before 15 days after youreceive this Final Notice, we will issue an OrderAssessing Civil Penalty and Mesa Airlines, Inc. will have no further right to a hearing. Ifa written request for a hearing is not received, MesaAirlines, Inc. must pay the proposed civil penalty. 

### 2

__Y.9.!:1I request for a beari11g mustb_f?**~ent** to: (1) For U.S. mail or certified mail- Federal AviationAdministration, 800 Independence Avenue, SW, Washington, DC 20591,

- ------- Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building-Room2W1000; (2) for commercial expedited courier (overnight mail)- Federal Aviation Administration, 600 Independence Avenue, SW., Wilbur Wright Building, Suite 2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430; (3) a copy 

### MUST be sent to the undersigned FAA attorney in the Office ofthe Regional Counsel;P

### .0. Box92007, Los Angeles, CA 90009-2007, (31<)) 725-7112._ Your request must be dated and signed, in accordance with Section 13.16 oftheFederal Aviation Regulations, sentto you with the Notice ofProposed Civil Penalty (14 C.F.R. 13.16). You may paythe proposed penaltyby submitting a certified check or money order payableto the "Federal Aviation Administration," to FAAIMMAC, AMZ-310-WP/NM, PO Box 25770 Oklahoma City, OK 73125. In the alternative, you may payyour civil penalty with a credit card over the Internet. To pay electronically, visit the web site at http://www.pay.gov. Underthe "Search Public Fonns" option located on the left side ofthe page, type 

### FWP-FINEl and press "Go." On the page entitled "Search Public Forms," scrollto the bottom ofthe page and enter ''NextPage.'' Click on "FAA Civil Penalty Payments- Western-PacificRegion," follow the prompts to complete the requested information and·click "submit"to pay

### by credit card. Please advise me ofthe date of any payment made over :the internet. Naomi Tsuda Regional Counsel Forthe Western-Pacific Region

cc: AWP-240, PHX CMO { ----·-·!-- j· ! i·

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