# DELTA;~ Jon-Peter F. Kelly Delta Air Lines, Inc. Assistant General Counsel Department 981



### OVERNIGHT DELIVERY 

### Attention: Hearing Docket Clerk, AGC-430 Federal Aviation Administration Suite 2W1000 Wilbur Wright Building 600 Independence Avenue, S.W. Washington, D.C. 20591 1030 Delta Boulevard Atlanta, GA 30354-1989 T. 404 714 5631 F. 404 677 2972



### October 15, 2014 

# RECEIVED OCT 162014 HEARING DOCKET Re: Request for Hearing of Delta Air Lines, Inc., F.A.A. Case No. 2014S0670010 Dear madam or sir: Pursuant to 

### § 13.16(g)(2)(ii) of the Federal Aviation Regulations, the undersigned counsel for Delta Air Lines, Inc., ("Delta") hereby requests a hearing in accordance with the procedures of Subpart G of Part 13 of the Federal Aviation Regulations. A copy of the Final Notice of Proposed Civil Penalty being appealed by Delta is attached hereto. A copy of the Request for Hearing has been served by e-mail and first-class mail upon Christopher R. Stevenson, attorney for the F.A.A. in this matter. Also enclosed is an additional copy of the Request for Hearing and a preaddressed, postage-paid envelope. Please date-stamp the additional copy and return it to our office in the enclosed envelope. Thank you. Yours truly,

# ;lffl~**~/** Jon-Peter F. Kelly Assistant General Counsel Enclosures

cc: Christopher R. Stevenson, Esq., (w/ encl.) via e-mail at**m~,;i..L!~~illflif!l.I:ilih9.QY** 

### and first-class mail

### U.S. Deparbnent ofTransportation Federal Aviation Administration 

### 0 Southern Region Office of

### the Regional Counsel

**~l_ORTIFIED-** 

### RETURN RECEIPT REQU)3STED & 

### REGULARMt\IL DeltaAirlines, Inc. c/o Jim Graham i Dept. 206 1010DeltaBoulevard Atlanta, GA 30354 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX

20l4S0670010 

# RECEIVED OCT I6 2014 HEARING DOCKET FINAl, NOTICE OF PROPOSED CIVIL PENALTY On May 

### 7, 2014, Delta

**wa~** advised through a Notice ofProposed Civil Penalty that the 

### FAA proposed to assess a civil penaltyin the amount of$14,375. 

### After considering all the evidence in this matter, including that presented at the informal conterence on September 11,2014,

### it appearsthat: L At aU times material herein Delta Airlines (Delta) vvas and is 

### now the holder of 

### Air CarrierCertiti.cate No. DALA026A 2. On or about December 2013, Delta operated Flight402 from John F. Kctmcdy Intemational Airport, New York, New York (JFK) to Heathrow Airport, London, United Kingdom 

### (LHR). 3. FAA Aviation Safety Inspector 

### Peter Garberg presented his FAA 

### !lOA credential to a Delta gate agent and the flight crew ofFlight 402 for purposes ofconducting an inspection onthe flight 

### 4. Inspector Garberg 

### was initially given access to 

### the aircraft and the pilot's compartmentofthe aircraft. 5. Immediately prior to departure, Delta ground personnel boarded the aircraft and told InspectorGarberg that he couldnot go on the flight and had to deplane. 

### 6. Faced 

### with the options ofcomplying with the instruction to deplane or remaining on the flight deck and holding the aircraft while Delta resolved the situation, resulting in a delay ofunknown duration lorthe passengers oftl1e aircraft, Inspector Garberg deplaned.7. Inspector Garberg spoke with the same Delta ground persmmel about being given access to two later flights from JFK to LHRthat day, butwas told that hewould notbe permitted to board or conduct an inspection on eitherofthose t1ights either. &. As a result, Delta violated the following sections of the Federal Aviation Regulations: 

### § 121.548 in that whenever, in performing the duties ofconducting an inspection, an inspector ofthe Federal Aviation Administration presents form FAA 11OA, "Aviation Safety Inspector's Credential," to the Pilot in collllnand of ao aircraft operated by an air catTier or commercial operator, the inspector must be given free and uninterrnpted access to the pilot's compartment ofthat aircraft Under 49 U.S.C. Sections 46301(a)-(d), Delta is subjectto a civil penalty not to exceed $25,000 for each violation ofthe regulations. By reason ofthe foregoing facts and circumstances, we proposeto assess a civilpenalty in theamonntof$14,375. Unless Delta mails orpersonallydelivers, in writing, its requestfor a hearinginthis matter, onor before filleen (15) days after 

### itreceives this Final Notice, we will issue a:n Order Assessing Civil Penalty and Deltawill have no further right to a hearing. Deltado not submit a written request for ahearing, 

### itmust paythe proposed civil penalty, A request for a hearing must be sent to the Federal Aviation Administration, 

### 600 Independence Avenue SW, Wilbnr Wright Building, Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 

### (ifdelivery is in person or via expedited courier service) or Federal Aviation Administration,

### 800 Independence Avenue SW, WilburWright Building, Suite 2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 

### (if delivery is via U.S. 

### Mail), and a copy must be sent to the undersigned FAA attorney. A hearing request mustbe dated and signed, in accordance with section13.16 ofthe Federal Aviation Regulations, sent to Delta withtheNotice ofProposedCivilPenalty (14 CTR §13. 16). Delta may pay the proposed penalty by submitting a certif1ed check ormoney order payable to the "Federal AviationAdministration" to the undersigned. RANDY ELLEN HYMAN REGIONAL COUNSEL

BY: CHRISTOPHERR. STEVENSON Attorney Offtce ofthe Regional Counsel

### CERTIFICATE OF SERVICE I hereby certify that the foregoing Final Notice of Proposed Civil Penalty has been mailed 

### by Certified Mail & 

### RegularMail to: Delta Airlines, Inc. c/o Jim Graham 

### IDept 206 1010 Delta Boulevard Atlanta, GA 30354 

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## s#NIEY·-·-··cr Legal Assistant