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 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -- Suite 2W1 000 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Telephone: (310) 725-7112 

Fax: (310) 725-6816 

RECEIVED 

JUL 1 5 2013 

HEARING DOCKET 

Re: In the Matter of Mesa Airlines, Inc.; Case No. 2012WP370002 

Enclosed is a copy of a requestfor 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 (l) 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, 

Western-Pacific Region, P. 0. Box 92007, Los Angeles, CA 90009-2007, Telephone: (31 0) 

725-7112, FAX: (310) 725-6816. 

Sincerely, 

heodore P. Byrne 

Attorney 

Enclosures: Request for Hearing; Complaint; Certificate of Service 

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 PR_ACTICE. 

cc: A WP-240, Phoenix CMO 
Hogan 

Lovells 

RECEIVED 

JUL I 5 2013 

HEARING DOCKET 

July 3, 2013 

Overnight Deliverv Courier 

Federal Aviation Administration 

600 Independence Avenue, SW, 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Hogan Love!ls US 

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 

202.637.4999/5659 

robert.cohn@hoganlovells.com 

patrick .rizzi@hoganlove lis. com 

Re: Request for Hearing- Mesa Airlines, Inc. 

FAA Case No. 2012WP370002 

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, 

t:S?l/eRcibert E. c'";;fn 

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 · 4719567 vl 

//,.0 

~ 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

FAA DOCKET 

Mesa Airlines, Inc. 

FAA CASE NO. 2012WP370002 

Respondent 

WDGE NOT ASSIGNED 

COMPLAINT 

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

C.P.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 October 9, 2011, Respondent operated flight 2863 from Phoenix, 

Arizona, to Flagstaff, Arizona. 

3. On the above occasion, Respondent's flight 2863 was operating under part 121 of the 

Federal Aviation Regulations. 

4. On the above referenced flight, Respondent allowed a person who appeared to be 

intoxicated to board its aircraft. 
-2-

III. 

By reason of the foregoing facts and circumstances, Respondent violated the following 

Federal Aviation Regulation (Title 14, Code of Federal 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. 

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 

Wilbui Wright Building-Suite 2W1000 

Facsimile: 202-493-5142 

I further certify that on this date I have sent by facsimile and 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 Ebilane 

Legal Technician 

Robert E. Cohn, Esq. 

Patrick R. 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 of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California