08/04/2015 15:13 

In the matter of: 

FAA GLRC 

U.S. DEPARTMENT OF TRANSPORTA'tiON 

FEDERAL AVIATION ADMINIS'tRATION 

FAA Docket No. CP-FDMS-2015-2444 

Case No. 2014-GL-15-0030 

MN Airlines, LLC d/b/a 

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) 

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PAGE 02/11 

__________ S~un~ .. ~C~oun~trs_Airlinc~s ______________ -) _____________________________________________ _ 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant hereby files its Complaint, pursuant to Rule 208 of the Rules of 

Practice in FAA Civil Penalty Actions (14 C.F.R. § 13.208), and states as follows: 

I. 

Respondent MN Airlines, U~C d/b/a Sun Country Airlines, was advised through a Notice 

of Proposed Civil Penalty dated July 31, 2014, and by a Final Notice of Proposed Civil Penalty 

dated July 20,2015, that the FAA proposed to assess a civil penalty in the amount of$25,000.00. 

By a letter dated July 29, 2015, Respondent requested a hearing. The Enforcement Division, 

Midwest Team received Respondent's written request for a hearing on August 3, 2015. 

JI. 

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

held Alr 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 

MinDeapolis, Minnesota (MSP) to Las Vegas, Nevada (LAS). 
08/04/2015 15:13 8472947498 FAA GLRC PAGE 03/11 

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

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

Autothrottle would not arm prior to takeoff (in MSP). 

5. Prior to departing LAS to MSP on December 24, 20 I 3, personnel for Sun 

deferred the 12/24/13 discrepancy and entered the following in the aircraft log, 

De] erred Autothrottle System mop. per MEL 22-4 Cat C Placard# 90006 

MDDR 86683 me notified. 

6. On December 24, 2013, personnel for Sun operated N804SY dc::parting LAS 

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

moving the aircraft to a facility whc::re 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 

TNOP 

R. Sun's operation ofN804SY from LAS to MSP with an inoperative Autoth.rottle 

System when maintenance of the system was not deferred before departure 

rendered Sun in violation of requirements found in Section l21.628(a)(2) 

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

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 Autothrotile 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, 20l3 matter was investigated (EIR 2013GL150045) by the FAA 
08/04/2015 15:13 8472947498 FAA GLRC PAGE 04/11 

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.F.R. 12L628(a)(2). 

III. 

1. By reason of the foregoing, Respondent violated: 

a. l4C.F.R. § 12l.628(a)(2). 

2. Pursuant to 49 U.S.C. § 46301, you are subject to a civil penalty not to exceed 

$25,000 for each violation of the regulat),ons. 

Under the facts and circumstances of this case and in accordance with the Admi.nisttator's 

Sanction Guidance in FAA Order 2150.3B, Appendix B, a civil penalty of$25,000 is appropriate 

for the violation(s) in this case. 

WHEREFORE, the Complainant respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty i.n the amount of$25,000. 

Respectfu.lly submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

·~\I 

By: ~~~~~~1W~~------ Kate Barber · "7 Enforcement Division, idwest Team 

Great La\::cs Regional Counsel's Office 

2300 E. Devon Ave., Suite 479 

Des Plaines, IL 600 18 

email: kate.barber@faa.gov 
08/04/2015 15:13 8472947498 

Date: August 4, 2015 

FAA GLRC 

TeleJ?hone: (847)294-7109 (main) 

(847)294-7862 (direct) 

(847)294-7498 (fax) 

NOTE: 

PAGE 05/11 

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Pursuant to 14 C.F.R. § 13.209(a), a written answer to a com.plaint must be filed no later 

than thirty (30) days after service of the complaint. 
08/04/2015 15:13 8472947498 FAA GLRC PAGE 05/11 

CERTIFICATE OF SERVICE 

I hereby certify that on this date, I have seu.t by U.S. Certified Mail- return receipt 

requested, and via facscimile, a copy of the foregoing complaint in the matter of MN Airlines, 

LLC d/b/a Sun Country Airlines, fAA Docket No. CP" FDMS-2015-2444, Case No. 2014-GL15-0030, to: 

Donald Chance Mark, Jr. 

Fafinski Mark & Johnson, P.A. 

Flagship Corporate Center 

775 Prairie Center Drive 

Suite 400 

Eden Prairie, MN 55344 

Facs: 952.995.9577 

5 

In addition, I hereby certify that on this date, I have sent by U.S. Certified Mail- return 

receipt requested, the original and one copy of the foregoing document to: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591. 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W!OOO 

Facs: 202.267.1293 

Tammy Gardner 

Legal Assistant 

Enforcement Division, Midwest Team 

Great Lakes Regional Counsel's Office 

2300 E. Devon Ave., Suite 479 

Des Plaines, IL 60018 

Date: August 4, 2015 
08/04/2015 15:13 

Fafinski 

Fl\~IT M:!rk & Johnson~ 

FAA GLRC PAGE 07/11 

Fali:Mkl M.o'lrk & Johnson, P.A 

Attorn~ At La.w 

Fl"W"hip Corpm:•te Conttr 

775 Prairie Center Driw, Suite 400, Eden Prairie, MN 65544 

Telephone: 952,995.9500 ,llac,irnil.eo 9£2.995.967'7 Wob,itc' www.hn.jl•w,co:m 

July 21, 2015 

RECEIVED ------~H~e-~~.-g~D~o~ck~ct-------------------------------------itltttrrom 

fede~:al Aviation Administration HEARING DOCKET 

800 Independence A venue, S.W. 'l 0 l.cf_ _ '1 Lf t 1 4 _ Washington, DC 20591 d --.) d l 1 

Attn: Hearing Docket Clerk 

AGC-430 

Wilber Wright Building, Suite 2Wl000 

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

AGL-7B 

2014-GL-1 5-0030 

Dear Hearing Docket Clerk: 

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

Civil Penalty, a copy,of;which is enclosed. This appeal is made pursuant to 14 C.F.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 niy attention. """'""''-'"·"-"·• 

DCMjr:\'ljf • ' . . . , . 

Enclosure · ·' · · . ', .. ' .. ' .. r•· ' ' 

, , .·r· , .. 

.;c: . K;ate Bar?e,s1J;:sq, ... ' •. ·., :,, .. . !.: '):,,. 

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08/04/2015 15:13 

U. S, Peport~nent 

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July 20, 2015 

8472947498 FAA GLRC 

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PAGE 08/11 

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Reforto: AGL·7B 

2014-GL·l5-00JO 

Area Code 847 294-7713 

B,EGUL.i\R. AND CERTIFIED MAIL- RETU~ RECEIPT Rll',QUESTED 

Stan Gadek, President!CEO 

MN Airlines, LLC 

dba Sun Country Airlines 

1300 Mendota Heights Road 

Mendota Heights, Minnesota 55120 

FINAL NOTICE QF PRQPQSED CJ:VlL PENALTY 

You were advised through a Notice of Proposed Civil Penalty, dated .l'uly 31,2014, that the FAA 

proposed to assess a civil penalty iu th~ amount of $25,000,00. After considering all the evidence 

in this matter, it appesrs that: 

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

held Air Carrier Operator Certificate nlllllbet SCNA220K, which allowed Sun 

to opel'3:te aircraft under Part 121 of the Federal Aviation Regulations (JlARs). 

2. At alltitues relevant hereto Sun had possessia<l 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 011 December24, 2013, personnel entered the following 

discrepancy (the 12/24/13 discrepancy) in the eir<l{aft log, 

Autothrottle 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, 
08/04/2015 15:13 FAA GLRC 

Deferred Autothrottle System inop, per MEL 22-4 Cat C Placard# 90006 

MDDR 86683 ma notified. 

(i. On December 24, 2013, personnel for Sun operated N804SY departing LAS 

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

moving the airctafl: to a facility where necessary maintenance could be 

performed. 

7. On December 25, 20l3, maintenance personnel entered the followlo,g in the 

aircraft log, 

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

INOP 

8. Sun deferred the rep!lir of the inoperative Autothrottle System and operated 

\Vith an inoperative Autotbrotile System was deferred ln LAS before departure 

rendered Sun !n violation ofrequirements found in Section l2L628(a)(2) 

9. Sun previously encountered a similar instance on July 20, 20l3. 

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

asN818SY, 

11. On 1uly 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 AutotlJ:rott!e System was subsequently deferred upon 

completion of the flight segment to SBA rather than prior to take"off, as 

requiroo under 14 C.f.R. 121.628(a)(2). 

13. The July 24, 2013 matter was investigated (ElR 20!3GLIS0045) by the FAA.. 

14. On August 7, 20!3, Sun agreed to take corrective action to applicable pa:rt~ of 

its :MEL program which included making changes to the Quick Reference 

Handbook.. 

15. Sun failed. to comply with aL~er of Correction dated September 13, 2013. 

!.6. An audit performed by Sun Safety Department indicated no fmdings and the 

required changes to the MEL program. 
08/04/2015 15:13 8472947498 FAA GLRC PAGE 10111 

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17. The Decemb()l' 2, 2013, instance is the second time in five months that Sll!l has 

violated 14 C.F.R. 12l.628(a)(2). 

By !"eason of the foregoing facts and circumstances, Sun violated the following Federal 

Aviation Regulations: 

a. 14 C.F.'R. § 1Z1.628(a)(2), which states that no person may take off an 

-----------"'"'-!,'". :me_withjnope~~l"-tl~fl~st<ltle4-\mtess-the-aifplan'te£c-------­

is operated under all applicable conditions and limitations contain<:ld in the 

Minimum Equipment List and the opera:t1ons specifications authorizing use of 

the M:lnimum Equipment List 

Und<J<' Title 49 U.S.C. § 46301, you are subject to a civil penalty not to exceed $25,000 f-or each 

violation of the .1'\lgulations. After reviewing our investigative £He, we propose to assess a civil 

penalty in the amow1t of $25,000 for these violations. 

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

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

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

. payment ofthe 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 AviationAdmini'i\ration, 

Office of Regional Counsel, 2300 East Devon Avenue (AGL-7, Room 4 79), Des Plaines, Ulinois 

60018. Please include, en the certified check or money order, the FAA case n=ber 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 bttps://www.pay.gov. Under the Search 

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

Region". You must then complete the requested informati.on and click "Continue." Yoct will 

then be directed to enter )'Qur credit card or bank account debit hlformation. To use the bank 

account deb\t, you will need your bank routing nUl)lber, account number, and check number. 

Should you elect to request a, formal he!lring, you must ftle a typewritten or legibly handwritten 

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

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

Docket Clerk, AGC--430, WilberWrlghtBuilding- Suite 2Wl000. You must also mail a copy 

of your request for ht:aring to the undersigned attorney at the address provided il1 the previo1lS 

paragxaph. Your requ.est rnust 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 addres$ aU communications to me at the address noted above. 
08/04/2015 15:13 8472947498 

Jeffery Klang 

Regional Counsel 

ir~ Ja\eBarbe¥ 

Attorney 

cc: Mr. Thomas Ting, Counsel 

l'vlN Airlines, LLC 

. 1300 Mendota Heights Road 

Mendota Heights, Minnesota 55120 

co: MSP FSDO (Johnson) 

FAA GLRC PAGE ll/ll 

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