### FafinskiMark&

### Johnson

Hearing Docket Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attn: HearingDocket Clerk AGC-430 Wilber Wright Building, Suite 2W1000 FalimkiMark & 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

# 72015 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 ofProposed Civil Penalty, a copy,ofwhich is enclosed. This appeal is made pursuantto 14 C.P.R. § 13.16. Please docket this matter and further advise concerning the assignment ofan Administrative LawJudge. 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.

' .,**-·~** ,., cU. S. Department ofTransportation Federal Aviatfon Administration July 20,2015 In Reply Referto: AGL-7B 2014-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 55120 FINAL NOTICE QF PROPOSED CIVIL PENALTY You were advised through a Notice ofProposed 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) heldAir Carrier Operator Certificate number SCNA220K, which allowed Sun to operate aircraftunder Part 121 oftheFederal 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 operatedN804SY, departed Minneapolis, Minnesota (MSP) to Las Vegas, Nevada (LAS). 4. Upon arrival in LAS on December24, 2013, personnel enteredthe following discrepancy (the 12/24/13 discrepancy) in the aircraft log, Autothrottle wouldnotarmprior to takeoff (in MSP). 5. Priorto departing LAS to MSP onDecember 24, 2013, personnel for Sun deferred the 12/24/13 discrepancy and entered the following in the aircraft log,DeferredAutothrottleSystem inop. perMEL 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, ratherthan 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, REFMEL 22-4, PLACARD#90006, MDDR 86683, AUTO THROTTLE SYS INOP 

### 8. Sun deferred the repair ofthe inoperative Autothrottle System and operated with an inoperative Autothrottle System was deferred in LAS before departure rendered Sun in violation ofrequirements found in Section 121.628(a)(2) 9. Sun previously encountered a similar instance on July 20, 2013. 2



### 10. On July 20, 2013, Sun possessed and operated a Boeing 737 aircraftregistered as N818SY. 11. OnJuly 20,2013, N818SY encountered an inoperative Autothrottle System after pushback and priorto takeoffat Lewiston, Idaho (LWS) to Seattle, Washington (SEA). 12. The inoperative Autothrottle System was subsequently deferred upon completion ofthe flight segment to SEArather 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 ofCorrection dated September 13, 2013. 16. An audit performed by Sun Safety Department indicated no findings andthe required changes to the MEL program.3 17. TheDecember 2, 2013, instance is the second time infive months that Sun has violated 14 C.P.R. !21.628(a)(2). By reason ofthe foregoing facts and circumstances, Sun violated the foilowingFederal Aviation Regulations:

a. 

### 14 C.F.R. 

### § l21.628(a)(2), which states that no person maytake offan airplane with inoperable instruments or equipment installedunless the airplane is operated under all applicable conditions and limitations containedinthe Minimum EquipmentList andthe operations specifications authorizing use of the MinimumEquipmentList. Under Title 49 U.S.C. §46301, you are subjectto a civilpenalty not to exceed $25,000 for each violation ofthe regulations. Afte.r reviewing our investigative file, we proposeto assess a civil penalty in the amount of$25,000 for these violations. Within fifteen (15) days after your receipt ofthis FinalNotice ofProposed Civil Penalty, you must elect to either submit the full civil penalty amount of$25,000 orrequest a formal hearing. Ifyou fail to respond with one ofthese alternatives, an Order Assessing Civil Penalty, requiring payment ofthe full amount ofthe proposed civil penalty, will be issued. Should youelectto submit the civil penalty, please mail or deliver a certified check ormoney order, payable to the Federal Aviation Administration, to the Federal Aviation Administration, Office ofRegional Counsel, 2300 East Devon Avenue (AGL-7, Room 479), Des Plaines, Illinois 60018. Please include, onthe certified check ormoney order, the FAA case number 2014-GL15-0030. In the alternative, youmay paythe 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. Underthe 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 youelectto request a formal hearing, you must file a typewritten or legibly handwritten request for hearing with the hearing docketclerk at: Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, S.W., Washington, DC 20591, Attention: Hearing DocketClerk, AGC-430, Wilber Wright Building- Suite 2WI000. You must also mail a copy ofyourrequest 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 ofthe Federal Aviation Regulations (14 C.P.R. 13.16), a copy ofwhich was sent to you withthe Notice ofProposed Civil Penalty. Please address all communications to me atthe address noted above.Jeffery Klang Regional Counsel



# ~u\J~ 

# E .

a e Barber Attorney

cc: Mr. Thomas Ting, Counsel MNAirlines, LLC 1300 Mendota Heights Road Mendota Heights, Minnesota 55120

cc: MSP FSDO (Johnson) 4