U.S. Department 

of Transportation 

Federal Aviation 

Administration 

July 10, 2013 

Western-Pacific Region 

Office of the 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 

I. ',. 

800 Independence A venue, SW · · lJ 

Washington, DC 20591 ~ 

Att1i: Hearing Docket Clerk, AGC-430 .rWilbur Wright Building -- Suite 2Wl 000 .-J 

. . 1 ;)(:)l3 --AWA-~- d..«f.;U ~ Re: In the Matter of Mesa A1rhnes, Inc.; Case No. 2012WP370048 FOrnS ~ ~ ta _ C ~ 1<.} 

Enclosed is a copy of a request for hearing dated July 3, 2013, and the original and one copy of 

the Complaint in the above-referenced proceeding. 

I request that the hearing in this matter be held in the Phoenix, Arizona area, and expect that the 

hearing will last one (1) day. 

Please address all communications for the Regional Counsel of the Western-Pacific Region, to 

the. undersigned, at: Office of the Regional Counsel, A WP-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 of Service 

RECEIVED 

JUL 1. 5 2013 

HEARING DOCKET 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT LATER 

THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN ALTERNATIVE TO 

FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT TO SECTION 13.208(D) 

OR SECTION 13.218(F)(l-4) OF THE RULES OF PRACTICE. 

cc: A WP-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 5 2013 

HEARING DOCKET 

FAA CASE NO. 2012WP370048 

-------- Respondent - -

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 

C.F.R. 13.208), and states as follows: 

I. 

Respondent, Mesa Airlines, Inc., was advised through a Final Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of$12,500.00. On July 3, 

3, 2013, Respondent submitted a written request for a hearing. 

II. 

1. At all times mentioned herein, Respondent was the holder of an 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 2688 was operating under part 121 of the 

Federal Aviation Regulations. 
-2-

4. On the 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 of Federal Regulations): 

14 C.P.R. Section 12l.575(c), which states that no certificate holder may allow any 

person to board any of its aircraft if that person appears to be intoxicated. 

IV. 

1. Pursuant to Title 49 U.S.C. Section 46301, Respondent is subject to a civil 

penalty not to exceed $25,000.00 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $12,500.00 is 

appropriate. 

WHEREFORE, the Complainant, respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $12,500.00 

Respectfully submitted, 

Theodore P. Byrne, 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Dated: July 10, 2013 
CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by facsimile and placed in the United States 

mail, postage prepaid, certified mail-return receipt requested, the executed original of the 

Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

.. Washington,DC.-20591- --- ------- -··-····· --·----------- -·· 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

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 of the Complaint, addressed as follows: 

Dated: July 10,2013 

Agnes bllane 

Legal Technician 

Robert E. Cohn, Esq. 

Patrick R. Rizzi, Esq. 

Hogan Lovells US LLP 

55 5 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 of the 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-- · ----- ---------·· -----·--------

Overnight Delivery Courier 

Federal Aviation Administration 

600 Independence Avenue, SW, 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 RECEIVED 

Attention: Hearing Docket Clerk, AGC·430 JUL- 5 2013 

Re: Request for Hearing- Mesa Airlines, 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 vi 
J 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Western-Pacific Region 

Office of the Regional Counsel 

RFCEIVED 

JUL- 5 2013 

HEARING DOCKET 

P.O. Box 92007 

Los Angeles, CA 90009'-2007 

Telephone: (310) 725-7112 

Fax: (310) 725_-6816 

Case No. 2012WP370048 

,. 

June 12, 2013 :-

-----CERTIFIED MAii-:.R.Eru"RNifficEiP1'-rffi"Qu£smD--andR.Eau£Arz-MArc------- . ... _- ---!-~ ~ . 

' 

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, Mesa Airlines, Inc. was advised through a Notice of Proposed Civil Penalty 

that the Federal Aviation Administration (FAA) proposed to assess a civil penalty in the amount 

of$12,500.00. 

A report of investigation, including the information presented at the telephonic informal 

conference held on May 14, 2013, indicates that: 

1. At all times mentioned herein, Mesa Airlines, Inc. was the holder of an Air Carrier 

Certificate, number MASA036A. 

2. On or about June 26; 2012, Mesa Airlines, Inc. operated flight 2688 from Memphis, 

Tennessee, to Charlotte, North Carolina. 

3. On the above occasion, Mesa Airlines, 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 of the facts and circumstances described above, Mesa Airlines, Inc. violated the 

following section of the Federal Aviation Regulations: 

14 C.P.R. Section 121.575(c), which states that no certificate holder may allow any 

person to board any of its aircraft if that person appears to be intoxicated. 

i 

i. 

! 

i 

! 
Under Title 49 U.S.C., Section 46301(a)(5)(A), Mesa Airlines, Inc. is subject to a civil 

penalty not to exceed $25,000.00 for each of the violations noted. By reason of the foregoing 

facts and circumstances, we propose to assess a civil penalty in the amount of$12,500.00. 

Unless a request, in writing, for a hearing in this matter is mailed or personally delivered, on 

or before 15 days after you receive this Final Notice, we will issue an Order Assessing Civil 

Penalty and Mesa Airlines, Inc. will have no further right to a hearing. If a written request 

for a hearing is not received, Mesa Airlines, Inc. must pay the proposed civil penalty. 

2 

__ Y.9.!:1I request for a beari11g must b_f? ~ent to: (1) For U.S. mail or certified mail- Federal 

Aviation Administration, 800 Independence Avenue, SW, Washington, DC 20591, - -------

Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building-Room 2W1 000; (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 of the Regional Counsel; P .0. Box 92007, Los 

Angeles, CA 90009-2007, (31<)) 725-7112._ Your request must be dated and signed, in 

accordance with Section 13.16 ofthe Federal Aviation Regulations, sent to you with the 

Notice of Proposed Civil Penalty (14 C.F.R. 13.16). 

You may pay the proposed penalty by submitting a certified check or money order payable to 

the "Federal Aviation Administration," to FAAIMMAC, AMZ-310-WP/NM, PO Box 25770 

Oklahoma City, OK 73125. 

In the alternative, you may pay your civil penalty with a credit card over the Internet. To pay 

electronically, visit the web site at http://www.pay.gov. Under the "Search Public Fonns" 

option located on the left side of the page, type FWP-FINEl and press "Go." On the page 

entitled "Search Public Forms," scroll to 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 ofthe date of 

any payment made over :the internet. 

Naomi Tsuda 

Regional Counsel 

For the Western-Pacific Region 

cc: A WP-240, PHX CMO 

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