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 WilburWright 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 82013 

## HEARING DOCKET

Case No. 2011 SW070001 ) 

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## 0 \d.1 Enclosed herewith please find a copy ofa requestfor hearing, the original, and one copy ofthe 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 ofthe Regional Counsel 

### Fo1t Worth, TX 76137 Telephone: (817) 222-5071 FAX: (817) 222-5092/5946

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# (}_-**(~v ~**  v---"U'--' / 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 DocketClerk, AGC-430 FederalAviationAdministration 800 IndependenceAve., SWRoom924A Washington, DC 20591 

### Re: MesaAirlines,Inc.**~ ~f.\PI** **~01~·** 

### 01-6>1 FinalNotice ofProposed CivilPenaltv (2011SW070001) DearSir/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 FinalNotice ofProposed Civil Penalty ("FNPCP") has beenissuedinwhich a $25,000penaltyhasbeenassessed againstMesaAirlines, Inc. Ifyou have any questions or comments, please do not hesitate to contact me at (602) 685-4051. Thankyou. Sincerely,

Exec. VP & GeneralCounsel :llf

cc: Annjenet Chennault, Attorney Office ofRegional Counsel, ASW-7 FederalAviationAdministration 260I MeachamBlvd. FortWorth, TX 76137U.S. DEPARTMENT OF TRANSPORTATIOtO

# ECEI 

# vED FEDERAL AVIATION ADMINISTRATION 

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************************************************************** ) ) In the Matter of: ) ) MESAAIRLINES INC. ) ) *************************************************************** JUDGE NOTASSIGNED
COMPLAINT 

## DEC 182013 

## HEARING DOCKET

FAA DOCKET NO. 

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# AA 2..0r3- 

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The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe 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 thatthe 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 ofAir Carrier Operating Certificate No. MASA036A and Operations Specifications issued pursuant to Part 121 ofthe Federal Aviation Regulations (FAR}, authorizing it to engage in scheduled air transportation.2. On or about September 17, 2010, Mesa operated aCRJ-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. Priorto 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 ifthey appear to be intoxicated. Such persons will immediately be reported to the captain. A written report will be sentto the in-flight manager ofall incidents involving intoxicated passengers, or passengers refusing to comply with this rule.

Ill. 1. By reason ofthe 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 ifthat person appears to be intoxicated. 2. Pursuant to 49 U.S.C. §46301, Respondent Mesa Airlines Inc., is subject to a civil penalty notto exceed $25,000 for each violation noted.3. Underthe facts and circumstances ofthis 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) 222-5945/46NOTE TO RESPONDENT: Pursuant to Section 13.209 ofthe Rules of Practice for FAA Civil Penalty Actions, a Respondent shall file a written answer to the complaint, not laterthan 30 days after service ofthe 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 courierthe original and one copy ofthe answer for filing with the hearing docket clerk at: Federal Aviation Administration, 600 Independence Ave., S.W., WilburWright Building-Suite 2W1000, Washington, DC 20591, Attn: Hearing Docket Clerk, AGC-430 orvia U.S. Mail at Federal Aviation Administration, 800 Independence Avenue, S.W., Washington, DC 20591, Attn: Hearing Docket Clerk, AGC-430, WilburWright Building-Suite 2W1000. The person filing an answer should suggest a location forthe hearing when filing the answer. The person filing an answer shall serve a copy ofthe 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 ofthe complaint is deemed a failure to file an answer. A person's failure to file an answerwithout good cause shall be deemed an admission ofthe truth ofeach allegation contained in the complaint. For a full text of Section 13.209, see the copy ofthe 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-Suite2W1000
Mr. Christopher Pappaioanou Vice-President, Legal Affairs Mesa Airlines, Inc. 410 N. 441h Street, Suite 700 Phoenix, AZ 85008

# ~~2-L-~ Marquitt ob1nson, Paralegal Spec1ailst Federal Aviation Administration Southwest Region Fort Worth, TX 76137 Date: December 12, 2013