U.S. Department of Transportation Federal Aviation Administration

December 12, 2013 Southwest Region Arkansas, Louisiana, New Mexico, Oklahoma Texas

CERTIFIED MAIL- RETURN RECEIPT REQUESTED Office of Regional Counsel 2601 Meacham Blvd., Rm. 663 FortWorth, TX 76137 (817) 222-5099 (817) 222-5945/5092 FAX

. '-.. ,.,.

Federal Aviation Administration ·· D. 800 IndependenceAvenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building, Suite 2W1000 In the Matter of MesaAirlines 

### > 

## F**~A** 

### 201**~ ~**  

### 0 

# 84(.p Docket No. CP- To Be Assigned Case No. 2011SW070030 Dear Sir or Madam: Enclosed are the original and one copy ofthe complaint in the above-referenced proceeding. The Complainant requests that the hearing in this matter be held in the Fort Worth or Arlington, Texas area, and expects thatthe hearing will last one (1) day. Please serve me with all documents in this matter. Annjenet Chennault, ASW-7E3 Federal Aviation Administration Southwest Region 2601 Meacham Blvd., Room 663 Fort Worth, TX 76137 ERIC E. ANDERSON Regional Counsel Southwest Region

# ~p By: \ 

### SJ.-t,_-- I 

### I

## ~<AcL**~** 

## .J Ann)enet Chennault

### "\\.~ Attorney 

## I Safety Enforcement Branch .J Phone: (817) 222-5071 FAX: (817) 222-5945 or 5092 EnclosureIn the Matterof: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

FAA Case No. 2011 SW070030 MESAAIRLINES, INC. FAA Docket CP No.- To BeAssigned Judge: To Be Assi.9ned

### ~~~~~~~~~~~__j 

# \=Af\ :Z...Olo•**D~**

## \..\<.n

COMPLAINT

The Complainantfiles its complaint, under Rule 208 ofthe Rules of Practice in FAA Civil PenaltyActions, 14 CFR §13.208, and states the following: I. Respondent Mesa Airlines, Inc. herein after referred to as (Mesa) was advised through a Notice of Proposed Civil Penalty thatthe FAA proposed to assess a civil penalty in the amount of$10,375.00. On December 6, 2013, Respondent submitted a written request for a hearing. II. 1. Mesa Airlines Inc., (Mesa), holds 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 airtransportation. 2. On or about July 7, 2011, FAA personnel performed an AirTransportation Oversight System (ATOS), inspection of MesaAirlines at the Lambert -St. Louis International Airport (STL), St. Louis, Missouri. 3. The inspection revealed that Mesa ground station personnel did not have access to the on line Mesa Airlines manuals. When asked to produce a copy ofthe manuals, theywere unable to do so because the internet password had expired. 4. Mesa Airlines Station Operations Manual, Revision 16, page 1.4, paragraph 2, states that each station must maintain current Mesa airlines, Inc., manuals as well as manuals pertaining to the codeshare partner's procedures where applicable. Manuals must be available to all affected employees during all hours ofoperation. These manuals may be maintained in paper or electronicform.

### 5. Mesa Airlines violated the following Federal Aviation Regulations:

a. Section 121.137(a)(1), which provides that each certificate holder shall furnish copies of the manual required by Section 121.133 (and the changes and additions thereto) or appropriate parts ofthe manual to its appropriate ground operations and maintenance personnel. Ill. 1. Under49 U.S.C. §46301, Mesa is subject to a civil penalty for each ofthe violations alleged. The maximum penalty perviolation is $25,000.00. 2. Underthe facts and circumstances ofthis case, a civil penalty of $10,375.00 is appropriate. Complainant respectfully requests that the administrative lawjudge enter an orderthat Respondent Mesa Airlines, Inc. be assessed a civil penalty in the amount of $10,375.00. Submitted this 1ih day of December 2013.

ERIC E. ANDERSON Regional Counsel Southwest Region 

# ! /) i /) f 'j 

### By: \

### < .._,__..,.__

# I·~ 

# \,,L.,c.-<..L

### -~**~nnjenet** Chennault**\~** 

### Attorney Safety Enforcement Branch Phone: (817) 222-5071 FAX: (817) 222-5945 or 5092 e-mail: Annjenet.Chennault@faa.qovCERTIFICATE OF SERVICE I certify thatthe foregoing Complaint, an original and one copy has been mailed this date by Certified Mail, Return Receipt Requested, to: Federal Aviation Administration 800 Independence Avenue, SVV VVashington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 VVilburVVright Building, Suite 2VV1000 TEL: (202) 385-8229 FAX: (202) 493-5142

and by Certified Mail, Return Receipt Requested to: Mr. Christopher Pappaioanou Vice President 

### &General Counsel Mesa Airlines, Inc. 410 North 44th Street, Suite 700 Phoenix, AZ 85008 TEL: (602) 685-4000 FAX: (602) 685-4350

Syl a C. Twa, Paralegal Specialist Fe eral Aviation Administration Office ofthe Regional Counsel Southwest Region Date: December 12. 2013