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 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building

-- Suite 2W1000 P.O. Box 92007 Los Angeles, CA 90009-2007 Telephone: (310) 725-7112 Fax: (310) 725-6816 

# RECEIVED JUL 1 52013 HEARING DOCKET

Re: In the Matter ofMesaAirlines, Inc.; Case No. 2012WP370002 Enclosed is a copy ofa requestfor hearing dated July 3, 2013, and the original and one copy of the Complaint inthe above-referencedproceeding. I request that the hearing inthis matterbeheld in the Phoenix, Arizona area, and expect that the hearing will lastone (l) 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, Western-Pacific Region, P. 0. Box 92007, Los Angeles, CA 90009-2007, Telephone: (310) 725-7112, FAX: (310) 725-6816. Sincerely,

heodore P. Byrne Attorney Enclosures: Request for Hearing; Complaint; Certificate ofService 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 BE FILED PURSUANT TO SECTION 13 .208(D) OR SECTION 13.218(F)(l-4) OF THE RULES OF PR_ACTICE.
cc: AWP-240, Phoenix CMO

# Hogan Lovells 

# RECEIVED JUL I 52013 

## HEARING DOCKET

July 3, 2013 

### OvernightDeliverv 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@hoganlovelis.com



### Re: Request for Hearing- MesaAirlines, 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 Counselfor 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
WDGENOT ASSIGNED COMPLAINT The Complainant files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. Respondent, MesaAirlines, Inc., was advisedthrough a FinalNotice ofProposed Civil Penalty that the FAAproposed to assess a civil penalty inthe amount of$12,500.00. On July 3, 3, 2013, Respondent submitted a writtenrequest for ahearing.

II. 1. At all times mentioned herein, Respondent was the holder ofan 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 ofthe 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 ofthe foregoing facts and circumstances, Respondent violated the following Federal AviationRegulation (Title 14, Code ofFederal Regulations): 14 C.P.R. Section 121.575(c), which states that no certificate holder may allow any personto board any ofits aircraft ifthatperson appears to be intoxicated.

IV. 1. Pursuantto Title 49 U.S.C. Section 46301, Respondent is subjectto a civil penaltynotto exceed $25,000.00 for each ofthe violations alleged. 2. Under the facts and circumstances ofthis case, a civil penalty of$12,500.00 is appropriate. WHEREFORE, the Complainant, respectfully requests thatthe Administrative Law Judge enter an order that Respondentbe assessed a civil penalty inthe amount of$12,500.00
Respectfully submitted,

Theodore P. Byrne, Attorney Office ofthe Regional Counsel Federal AviationAdministration Western-Pacific Region Dated: July 10, 2013CERTIFICATE OF SERVICE
I hereby certifythat on this date I have sent by facsimile and placed inthe United States mail, postage prepaid, certified mail-return receipt requested, the executed original ofthe Complaint, addressed as follows: Federal AviationAdministration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbui Wright Building-Suite2W1000 Facsimile: 202-493-5142

I further certify that onthis date I have sentby facsimile and placedinthe United States mail, postage prepaid, certified mail-return receipt requested, a true copy ofthe Complaint, addressed as follows:

Dated: July 10, 2013

Agnes Ebilane 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 MesaAirlines, Inc. 410 N. 44th Street Phoenix, AZ 85008

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