Fafinski Mark & Johnson 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430 

Wilber Wright Building, Suite 2W1000 

Falimki Mark & Johnson, P.A. 

Attorneys At Law 

Flagship Corporate Center 

775 Prairie Center Drive, Suite 400, Eden Prairie, MN 55344 

Telephone: 952.995.9500 Facsimile: 952.995.9577 Website: wwvv.fmjlaw.com 

July 21, 2015 

RECEIVED 

JUL 2 7 2015 

HEARING DOCKET 

;)Qj~-dl.fl{4 

Re: MN Airlines, LLC d/b/a Sun Country Airlines 

AGL-7B 

2014-GL-15-0030 

Dear Hearing Docket Clerk: 

Please be advised that Sun Country Airlines elects to appeal the Final Notice of Proposed 

Civil Penalty, a copy,ofwhich is enclosed. This appeal is made pursuant to 14 C.P.R. § 13.16. 

Please docket this matter and further advise concerning the assignment of an 

Administrative Law Judge. 

Thank you for your attention to this matter. Any further communications concerning this 

case should be directed to my attention. 

DCMjr:\o\jf 

Enclosure· 

cc: Kate Barber,. Esq. 

Donald Chance Mark, Jr. 

' ., -·~ ,., c 
U. S. Department 

of Transportation 

Federal Aviatfon 

Administration 

July 20,2015 

In Reply 

Referto: AGL-7B 

20 14-GL-15-0030 

Gr~t Lakes Region 

2300 East Devon Avenue 

Des PlaiMs, Tllinois 60018-4696 

Area Code 847 294-7713 

REGULAR AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Stan Gadek, President/CEO 

MN Airlines, LLC 

dba Sun Country Airlines 

1300 Mendota Heights Road 

Mendota Heights, Minnesota 5 5120 

FINAL NOTICE QF PROPOSED CIVIL PENALTY 

You were advised through a Notice of Proposed Civil Penalty, dated July 31,2014, that the FAA 

proposed to assess a civil penalty in the amount of $25,000.00. After considering all the evidence 

in this matter, it appears that: 

1. At all times relevant hereto MN Airlines, LLC, dba Sun Country Airlines (Sun) 

held Air Carrier Operator Certificate number SCNA220K, which allowed Sun 

to operate aircraft under Part 121 of the Federal Aviation Regulations (FARs). 

2. At all times relevant hereto Sun had possession of, and operated a Boeing 737 

aircraft, registered as N804SY, in its passenger carrying operations under Part 

121. 

3. On December 24, 2013, personnel for Sun operated N804SY, departed 

Minneapolis, Minnesota (MSP) to Las Vegas, Nevada (LAS). 

4. Upon arrival in LAS on December 24, 2013, personnel entered the following 

discrepancy (the 12/24/13 discrepancy) in the aircraft log, 

A utothrottle would not arm prior to takeoff (in MSP). 

5. Prior to departing LAS to MSP on December 24, 2013, personnel for Sun 

deferred the 12/24/13 discrepancy and entered the following in the aircraft log, 
Deferred Autothrottle System inop. per MEL 22-4 Cat C Placard# 90006 

MDDR 86683 me notified. 

<5. On December 24,2013, persom1el for Sun operated N804SY departing LAS 

and arriving in MSP with an inoperative Autothrottle System, rather than 

moving the aircraft to a facility where necessary maintenance could be 

performed. 

7. On December 25,2013, maintenance personnel entered the following in the 

aircraft log, 

REF MEL 22-4, PLACARD# 90006, MDDR 86683, AUTO THROTTLE SYS 

INOP 

8. Sun deferred the repair of the inoperative Autothrottle System and operated 

with an inoperative Autothrottle System was deferred in LAS before departure 

rendered Sun in violation of requirements found in Section 121.628(a)(2) 

9. Sun previously encountered a similar instance on July 20, 2013. 

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10. On July 20, 2013, Sun possessed and operated a Boeing 737 aircraft registered 

as N818SY. 

11. On July 20,2013, N818SY encountered an inoperative Autothrottle System 

after pushback and prior to takeoff at Lewiston, Idaho (L WS) to Seattle, 

Washington (SEA). 

12. The inoperative Autothrottle System was subsequently deferred upon 

completion of the flight segment to SEA rather than prior to take-off, as 

required under 14 C.P.R. 121.628(a)(2). 

13. The July 24,2013 matter was investigated (EIR 2013GL150045) by the FAA. 

14, On August 7, 2013, Sun agreed to take corrective action to applicable parts of 

its MEL program which included making changes to the Quick Reference 

Handbook. 

15. Sun failed to comply with a Letter of Correction dated September 13, 2013. 

16. An audit performed by Sun Safety Department indicated no findings and the 

required changes to the MEL program. 
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17. The December 2, 2013, instance is the second time in five months that Sun has 

violated 14 C.P.R. !21.628(a)(2). 

By reason of the foregoing facts and circumstances, Sun violated the foil owing Federal 

Aviation Regulations: 

a. 14 C.F.R. § l21.628(a)(2), which states that no person may take off an 

airplane with inoperable instruments or equipment installed unless the airplane 

is operated under all applicable conditions and limitations contained in the 

Minimum Equipment List and the operations specifications authorizing use of 

the Minimum Equipment List. 

Under Title 49 U.S.C. § 46301, you are subject to a civil penalty not to exceed $25,000 for each 

violation of the regulations. Afte.r reviewing our investigative file, we propose to assess a civil 

penalty in the amount of $25,000 for these violations. 

Within fifteen (15) days after your receipt of this Final Notice of Proposed Civil Penalty, you 

must elect to either submit the full civil penalty amount of $25,000 or request a formal hearing. 

If you fail to respond with one of these alternatives, an Order Assessing Civil Penalty, requiring 

payment of the full amount of the proposed civil penalty, will be issued. 

Should you elect to submit the civil penalty, please mail or deliver a certified check or money 

order, payable to the Federal Aviation Administration, to the Federal Aviation Administration, 

Office of Regional Counsel, 2300 East Devon Avenue (AGL-7, Room 479), Des Plaines, Illinois 

60018. Please include, on the certified check or money order, the FAA case number 2014-GL15-0030. 

In the alternative, you may pay the civil penalty with a credit card, or a bank account debit, over 

the Internet. To pay electronically, visit the web site at https://www.pay.gov. Under the Search 

Public Forms option, type in "FGL-FINEI." Click on "Civil Penalty Payments- Great Lakes 

Region". You must then complete the requested information and click "Continue." You will 

then be directed to enter your credit card or bank account debit information. To use the bank 

account debit, you will need your bank routing number, account number, and check number. 

Shouid you elect to request a formal hearing, you must file a typewritten or legibly handwritten 

request for hearing with the hearing docket clerk at: Hearing Docket, Federal Aviation 

Administration, 800 Independence Avenue, S.W., Washington, DC 20591, Attention: Hearing 

Docket Clerk, AGC-430, Wilber Wright Building- Suite 2WI 000. You must also mail a copy 

of your request for hearing to the undersigned attorney at the address provided in the previous 

paragraph. Your request must be dated and signed, in accordance with Section 13 .16 of the 

Federal Aviation Regulations (14 C.P.R. 13.16), a copy of which was sent to you with the Notice 

of Proposed Civil Penalty. 

Please address all communications to me at the address noted above. 
Jeffery Klang 

Regional Counsel E~u\J~ 

. 

a e Barber 

Attorney 

cc: Mr. Thomas Ting, Counsel 

MN Airlines, LLC 

1300 Mendota Heights Road 

Mendota Heights, Minnesota 55120 

cc: MSP FSDO (Johnson) 

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