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 1 6 2014 

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 

of Transportation 

Federal Aviation 

Ad ministration 

0 

Southern Region 

Office of the Regional Counsel 

~l_ORTIFIED- RETURN RECEIPT REQU)3STED 

& REGULAR Mt\IL 

Delta Airlines, Inc. 

c/o Jim Graham i Dept. 206 

1010 Delta Boulevard 

Atlanta, GA 30354 

P.O. Box 20636 

Atlanta, Georgia 30320 

( 404) 305-5200 

( 404) 305-5223 FAX 

20l4S0670010 

RECEIVED 

OCT I 6 2014 

HEARING DOCKET 

FINAl, NOTICE OF PROPOSED CIVIL PENALTY 

On May 7, 2014, Delta wa~ advised through a Notice of Proposed Civil Penalty that the FAA 

proposed to assess a civil penalty in 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 appears that: 

L At aU times material herein Delta Airlines (Delta) vvas and is now the holder of 

Air Carrier Certiti.cate No. DALA026A 

2. On or about December 2013, Delta operated Flight 402 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 of Flight 402 for purposes of conducting an inspection 

on the flight 

4. Inspector Garberg was initially given access to the aircraft and the pilot's 

compartment of the aircraft. 

5. Immediately prior to departure, Delta ground personnel boarded the aircraft and 

told Inspector Garberg that he could not go on the flight and had to deplane. 

6. Faced with the options of complying with the instruction to deplane or remaining 

on the flight deck and holding the aircraft while Delta resolved the situation, resulting in a delay 

of unknown duration lor the passengers of tl1e aircraft, Inspector Gar berg deplaned. 
7. Inspector Garberg spoke with the same Delta ground persmmel about being given 

access to two later flights from JFK to LHR that day, but was told that he would not be permitted 

to board or conduct an inspection on either of those t1ights either. 

&. As a result, Delta violated the following sections of the Federal Aviation 

Regulations: § 121.548 in that whenever, in performing the duties of conducting an inspection, 

an inspector of the Federal Aviation Administration presents form FAA 11 OA, "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 subject to a civil penalty not to exceed $25,000 

for each violation of the regulations. By reason of the foregoing facts and circumstances, we 

propose to assess a civil penalty in the amonnt of $14,375. 

Unless Delta mails or personally delivers, in writing, its request for a hearing in this matter, on or 

before filleen (15) days after it receives this Final Notice, we will issue a:n Order Assessing Civil 

Penalty and Delta will have no further right to a hearing. Delta do not submit a written request 

for a hearing, it must pay the 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 (if delivery is in person or via expedited courier service) or 

Federal Aviation Administration, 800 Independence Avenue SW, Wilbur Wright 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 

must be dated and signed, in accordance with section13.16 of the Federal Aviation Regulations, 

sent to Delta with the Notice ofProposed Civil Penalty (14 CTR §13. 16). 

Delta may pay the proposed penalty by submitting a certif1ed check or money order payable to 

the "Federal Aviation Administration" to the undersigned. 

RANDY ELLEN HYMAN 

REGIONAL COUNSEL 

BY: 

CHRISTOPHERR. STEVENSON 

Attorney 

Offtce of the Regional Counsel 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Final Notice of Proposed Civil Penalty has been mailed by 

Certified Mail & Regular Mail to: 

Delta Airlines, Inc. 

c/o Jim Graham I Dept 206 

1010 Delta Boulevard 

Atlanta, GA 30354 

ihrru:ru1ll __ fA:_ ~J J ··_ DONNA E. s#NIEY·-·-··cr 

Legal Assistant