U.S. Department 

of Transportation 

Federal Aviation 

Administration 

DEC llSouthwest Region 

Arkansas, Louisiana, 

New Mexico, Oklahoma 

Texas 

CERTIFIED- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 000 

Re: In the Matter of Mesa Airlines Inc. 

Office of Regional Counsel, ASW-7 

2601 Meacham Blvd. 

Fort Worth, TX 76137 

(817) 222-5099 

(817) 222-5945/5092 FAX 

RECEIVED 

DEC 1 8 2013 

HEARING DOCKET 

Case No. 2011 SW070001 ) \="A R 2_0 \¢ ~ 0 \d. 1 

Enclosed herewith please find a copy of a request for hearing, the original, and one copy 

of the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Fort Worth, Texas, area, 

and expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Southwest Region, ASW-7E4, AC 

Office of the Regional Counsel 

Fo1t Worth, TX 76137 

Telephone: (817) 222-5071 

FAX: (817) 222-5092/5946 

. /'~ k .. _J --

~ 

(}_- v---"U'--' (~v / 

A njenet Chennault 

Att rney 

Safety Enforcement Branch 

Enclosed: Request for Hearing 

Complaint 
* 602-685-4000 

tax: 602-685-4350 

410 North 44th Street 

Suite 700 

Phoenix, Arizona 85008 

www.mesa-air.com 

December 6, 2013 

Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

800 Independence Ave., SW Room 924A 

Washington, DC 20591 

Re: MesaAirlines,Inc. ~ ~f.\PI ~01~· 01-6>1 

Final Notice of Proposed Civil Penaltv (2011SW070001) 

Dear Sir/Madam: 

Pursuant to 14 CFR Sec. 13.16(!), please accept this letter as Mesa Airlines, Inc.'s request for a 

formal hearing in the above-referenced case. A Final Notice of Proposed Civil Penalty ("FNPCP") 

has been issued in which a $25,000 penalty has been assessed against Mesa Airlines, Inc. 

If you have any questions or comments, please do not hesitate to contact me at (602) 685-4051. 

Thank you. 

Sincerely, 

Exec. VP & General Counsel 

:llf 

cc: Annjenet Chennault, Attorney 

Office of Regional Counsel, ASW-7 

Federal Aviation Administration 

260 I Meacham Blvd. 

Fort Worth, TX 76137 
U.S. DEPARTMENT OF TRANSPORTATIOtO EC E I v ED 

FEDERAL AVIATION ADMINISTRATION n 

************************************************************** ) 

) 

In the Matter of: ) 

) 

MESA AIRLINES INC. ) 

) 

*************************************************************** 

JUDGE NOT ASSIGNED 

COMPLAINT 

DEC 1 8 2013 

HEARING DOCKET 

FAA DOCKET NO. 

j: AA 2..0r3- 0"1-d 1 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as 

follows: 

I. 

1. On November 18, 2013, Respondent Mesa Airlines Inc. was advised 

through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a 

civil penalty in the amount of $25,000. 

2. On December 6, 2013, Respondent Mesa Airlines Inc. submitted a 

written request for a hearing. 

II. 

1. Mesa Airlines !nc., (hereinafter "Mesa") is the holder of Air Carrier 

Operating Certificate No. MASA036A and Operations Specifications issued pursuant 

to Part 121 of the Federal Aviation Regulations (FAR}, authorizing it to engage in 

scheduled air transportation. 
2. On or about September 17, 2010, Mesa operated a CRJ-900 aircraft in air 

transportation as flight number 2807 from Phoenix, Arizona to John Wayne Airport, Santa Ana, 

California. 

3. While taxiing to the runway, two passengers aboard the aircraft 

became involved in a disturbance that eventually led to the aircraft being returned to 

the gate, where they were removed from the aircraft by Phoenix law enforcement 

personnel. 

4. Prior to boarding and during taxi, it appeared that the passengers involved in the 

disturbance were intoxicated. 

5. Mesa Airlines Flight Attendant Manual, (Manual610, Revision 14, page 

2.42), 75(c), provides that no person shatl be allowed to board the aircraft if they 

appear to be intoxicated. Such persons will immediately be reported to the captain. A 

written report will be sent to the in-flight manager of all incidents involving intoxicated 

passengers, or passengers refusing to comply with this rule. 

Ill. 

1. By reason of the foregoing facts and circumstances, Respondent Mesa 

Airlines Inc. violated the following Federal Aviation Regulation (FAR): 

a. Section 121.575(c), which provides that no certificate 

holder shall allow any person to board any of its aircraft if that person appears to be 

intoxicated. 

2. Pursuant to 49 U.S.C. §46301, Respondent Mesa Airlines Inc., is subject 

to a civil penalty not to exceed $25,000 for each violation noted. 
3. Under the facts and circumstances of this case, a civil penalty of 

$25,000 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent Mesa Airlines Inc., be assessed a civil 

penalty in the amount of $25,000. 

Respectfully submitted this 1 i 1Lday of December, 2013. 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

,~1 

) By: ..X~~- ~-

. v f!.i. njenet Chennault'' 

Agency Attorney 

I! (817) 222-5071 

v FAX (817) 222-5945/46 
NOTE TO RESPONDENT: 

Pursuant to Section 13.209 of the Rules of Practice for FAA Civil Penalty Actions, a 

Respondent shall file a written answer to the complaint, not later than 30 days after 

service of the complaint. The answer must be dated and signed and may be 

typewritten or legibly handwritten. A person filing an answer shall personally deliver 

or expedited courier the original and one copy of the answer for filing with the 

hearing docket clerk at: Federal Aviation Administration, 600 Independence Ave., 

S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591, Attn: Hearing 

Docket Clerk, AGC-430 or via U.S. Mail at Federal Aviation Administration, 800 

Independence Avenue, S.W., Washington, DC 20591, Attn: Hearing Docket Clerk, 

AGC-430, Wilbur Wright Building-Suite 2W1000. The person filing an answer 

should suggest a location for the hearing when filing the answer. The person filing 

an answer shall serve a copy of the answer on the agency attorney who filed the 

complaint. 

A person filing an answer shall admit, deny, or state that the person is without 

sufficient knowledge or information to admit or deny, each numbered paragraph of 

the complaint. A general denial of the complaint is deemed a failure to file an 

answer. A person's failure to file an answer without good cause shall be deemed an 

admission of the truth of each allegation contained in the complaint. 

For a full text of Section 13.209, see the copy of the Rule of Practice previously 

provided to you. 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been mailed this date 

by Certified Mail, Return Receipt Requested, to: 

and 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 000 

Mr. Christopher Pappaioanou 

Vice-President, Legal Affairs 

Mesa Airlines, Inc. 

410 N. 441

h Street, Suite 700 

Phoenix, AZ 85008 

Marquitt 

~~2-L-~ ob1nson, Paralegal Spec1ailst 

Federal Aviation Administration 

Southwest Region 

Fort Worth, TX 76137 

Date: December 12, 2013