u:ri CFJF' S^ORIljgS. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS RECEIVED 

FEDERAL AVIATION ADMINISTRATION 

•••^ MA^ i C RECD 

HEARING DOCKET 

) 

Federal Aviation Administration ) 

Complainant ) FAA Docket No. 

) Judge 

vs. ) 

) (2008SO470045) /cf/b5G00& a^ 

AirTran Airways, Inc. ) * f\iQ^ 

Respondent ) (^ff\ ^^ ^ ""^^^ 

) 

RESPONDENT'S MOTION TO DISMISS COMPLAINT 

In accordance with 14 C.F.R. §13.218(f)(2)(ii) Respondent files this motion to dismiss 

Complainant's COMPLMNT instead of filing an ANSWER and in support thereof 

submits the following: 

1. On February 24, 2010, Complainant filed its COMPLAINT in the above styled 

matter. 

2. On October 27, 2008, Complainant issued a Notice of Proposed Civil Penalty to 

Respondent proposing to assess a civil penalty in the amount of $15,000. 

3. On February 11, 2010, Complaint issued a Final Notice of Proposed Civil Penalty 

to Respondent proposing to assess a civil penalty on Respondent in the amount 

of $15,000. 

4. Both Complainant's October 27, 2008 Notice of Proposed Civil Penalty and its 

February 11, 2010 Final Notice of Proposed Civil Penalty cite a violation of one 

specific rule contained in the Federal Aviation Regulations, that being FAR 

121.467(b)(3). Complainant's COMPLAINT, in Paragraph 8, does likewise. 

5. Both Complainant's October 27, 2008 Notice of Proposed Civil Penalty and its 

February 11, 2010 Final Notice of Proposed Civil Penalty specify that the 
violation occurred one time. Complainant's COMPLAINT, in Paragraph 7, does 

likewise. 

6. 49 U.S.C. §46301 (a)-(d) specifies that Respondent is subject to a civil penalty 

not to exceed $11,100 for a single violation. Respondent's COMPLAINT, in 

Paragraph 9, recites this statute and its 'not to exceed' penalty of $11,100 for a 

single violation. 

7. Complainant seeks a civil penalty in excess of that permitted by statute. In 

paragraph 10 of its COMPLAINT, Complainant seeks a civil penalty of $15,000, 

which is in excess of that provided for in 49 U.S.C. §46301 (a)-(d). 

Complainant has consistently alleged (in its Notice of Proposed Civil Penalty, and in its 

Final Notice of Proposed Civil Penalty and in its COMPLAINT) a single violation of one 

Federal Aviation Regulation and has sought (in its Notice of Proposed Civil Penalty and 

in its Final Notice of Proposed Civil Penalty) and continues to seek (paragraph 10 of its 

COMPLAINT) a Civil Penalty of $15,000, which is an amount in excess of that provided 

for by 49 U.S.C. §4630(a)-(d). Therefore, Complainant's COMPLAINT seeks relief, in 

the form of a monetary civil penalty, which is beyond that which can be granted. Its 

COMPLAINT should be dismissed. 

WHEREFORE, Respondent requests that its Motion be granted and that Complainant's 

COMPLAINT be dismissed. 

Respectfully submitted this /_{_day of March, 2010 

'Stephen J. Kolski ^-"^ 

Florida Bar Number 01034082 

Executive Vice President Corporate Affairs 

AirTran AinA/ays, Inc. 

9955 AirTran Blvd. 

Orlando, FL 32827 

Phone (407) 315-5108 

FAX: (4078)318-5901 

Emial: Steve.Kolski@AirTran.com 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing RESPONDENT'S MOTION TO DISMISS 

COMPLAINT has been mailed this date to: 

Federal Aviation Administration (original + 1 copy) 

800 Independence Avenue, SW 

Hearing Docket Clerk 

AGC-400, Room 2014 

Wilbur Wright Building-Suite 2W1000 

Washington, DC 20591 

Eddie L. Thomas 

Regional Counsel 

Southern Region, FAA 

P.O. Box 29636 

Atlanta, GA 30320 

Rashawn Rich George 

Attorney 

Southern Region, FAA 

P.O. Box 29636 

Atlanta, GA 30320 

Accomplished and dated this t H day of March, 2010 at Orlando, Florida. 

Rebecca McKenzie 

Executive Assistant to Stephen J. Kolski 

Executive Vice President Operations & Corporate Affairs 

AirTran Ainways, Inc.