U.S. Department ofTransportation Federal Aviation Administration Southern Region Office of the Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Re: In the Matter ofSpiritAirlines Inc. FAA Case No. 20l3S0290008 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 ( 404) 305-5223 FAX 

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- 82014 

## HEARING DOCKET

Enclosedherewithplease find a copy ofa request for hearing andthe original and one copy of the Complaint in the above-referenced proceeding. The FAArequests thatthe hearing inthis matter be heldinthe Miami, Florida area, and expects that the hearing will last one day. Please address all communications for the FAA to the undersigned, at: Federal AviationAdministration Office ofthe Regional Counsel, ASO-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely, 

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# ~ RYAN LANDERS Attorney Office ofthe Regional Counsel Enclosures**--1---~---------------------------------------~--**

August 16, 2014 Sent via US Mail Federal Aviation Administration 800 independence Ave. SW Wilbur Wright Building, Suite 2W1000 Washington, DC 20591 

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# 'vE[JooExecutive Way 

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# EC iramar, FL 33025 ! 954.628.4909 (W) 954.907.9896 (M) 

## SEP - 8 2014 248.727.1763 (F) 

## HEARING OOCKEi''"ce.loseoh@solrit.com

RE: 201350290008 Final Notice of Proposed Civil Penalty Dear Mr. Landers, Spirit Airlines, Inc. ("Spirit") received and reviewed the Final Notice of Proposed Civil Penalty

--**----t«Notice~)-dated-A~g~sH -:201:4,and-hereby-request-a-hearing-in'a€€ordance-with·49·i:JS€'-,-.­**  Sections 46301 and 14 CFR Section 13.16.
Pursuant to my conversations with Region Legal Counsel Ryan Landers, Spirit requests the hearing referenced above for the purpose of proposing a settlement ofthis matter. Should you have any questions or wish to discuss this matterwith me, please do not hesitate to contact me. Sincerely,

Bruce W. Joseph Director, Regulatory ComplianceU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. SPIRIT AIRLINES, INC. Respondent.
JUDGE NOT YET ASSIGNED FAA DocketNo. Judge

COMPLAINT 

# RECEIVED SEP - 8 2014 

## HEARING DOCKET

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Ruies ofPractice (!4 C.F.R. 13.208), and states as follows: I. 1. On August 6, 2014, Respondent, Spirit Airlines, Inc. was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$25,000. On August 16, 2014, the Agency Attorney received a written request for a hearing from the Respondent. II. 2. Spirit Airlines Inc. (Spirit) is and at all times herein was the holder ofAir Carrier CertificateNo. GRIA770S. 3. Spirit's Operations Specifications permit it to operate in Part 121 revenue flights N614NK, an Airbus A320-232. 4. On or about December 5, 2012, Spirit operated N614NK on a flight departing Baltimore Washington International Airport (BWI). 5. Following takeoff of the referenced flight, N614NK's Engine No. 2 had to be shutdown and N614NKreturned to BWI.6. Following an inflight engine shutdown, Airbus AMM Task 05-51-34 PB 601 CONF 00 requires than an "Inspection after Engine Windmilling" be accomplished per Airbus AMM Task 72-00-00-200-021. 7. Spirit returned N614NK to service on or about December 6, 2012, without performing an Inspection after Engine Windmilling as required by the Airbus AMM. 8. Following the return to service, Spirit operated N614NK on two passenger carrying revenue flights on or about December 6, 2012. 9. N614NK was unairworthy during the two referenced December 6th flights due to the fact N614NK had not undergone an Inspection after Engine Windmilling as required by the Airbus AMM.
III. 10. By reason ofthe foregoing facts and circumstances, Respondent violatedthe following sections ofthe Federal Aviation Regulations:
a. Section 121.153(a)(2) ofthe Federal in that no certificate holder may operate an aircraft unless that aircraft is in an airworthy condition and meets the applicable airworthiness requirements ofthis chapter. b. Section 121.367(a) inthat each certificate holder shall have an inspection program and a program covering other maintenance, preventative maintenance, and alterations that ensures that maintenance, preventative maintenance, and alterations performed by it, or by other persons, are performed in accordance with the certificate holder's manual. 11. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subjectto a civil penalty notto exceed $25,000 for eachofthe violations alleged. 12. Underthe facts and circumstances ofthis case, a civil penalty of$25,000 is appropriate. WHEREFORE, the Agency, by counselrespectfullyrequests that the Administrative Law Judge enter an orderthat Respondent be assessed a civilpenalty inthe amount of$25,000. Respectfully submitted this

RYAN LANDERS Attorney Office ofthe Regional Counsel day ofSeptember, 2014.PLEASE NOTE: Pursuantto Title 14 CPR Section 13.209(a), you are required to file a written answerto this Complaint, or a written Motionto Dismiss ifappropriate, not laterthan 30 days afterthe date shown on the Certificate ofService which follows. CERTIFICATE OF SERVICE I hereby certifythat a copy ofthe foregoing Complainthas beenmailedthis date byCertified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Spirit Airlines, Inc. c/o Thomas C. Canfield, VP 2800 Executive Way Mir ar, 

### FL 33025

Dated 

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. SSIS ant ofthe Regional Counsel 

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