U.S. Department of Transportation Federal Aviation Administration 

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CERTIFIED- RETURN RECEIPT REQUESTED Federal Aviation Administration 800 IndependenceAvenue, SW. Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building-Suite 2W1 000 Office of Regional Counsel,**ASW~7** 2601 Meacham Blvd. FortWorth, TX 76137 (817) 222-5099 (817) 222-5945/5092 FAX 

# RECEIVED DEC 18 2013 

## HEARING DOCKET

Re: In the Matter of Mesa Airlines Inc. ) 

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### 0**':\~** Case No. 2011SW070036 Enclosed herewith please find a copy ofa request for 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 FAAto the undersigned, at: Federal Aviation Administration Southwest Region, ASW-7E4, AC Office ofthe Regional Counsel FortWorth,TX 76137 Telephone: (817) 222-5071 FAX: (817) 222-5092/5946 Sil)erely,

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# GYY**tr~ ~~njenet**  Chennault
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## i\ Safety Enforcement Branch \. Enclosed: Request for Hearing Complaint'**':O:>~·y:'~~~** c..

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* 602-685-4000 fax: 602-685-4350 410 North 44th Street Suite 700 Phoenix, Arizona 85008 www.mesa-air.com December 6, 2013

HearingDocket Clerk, AGC-430 FederalAviationAdministration 800 Independence Ave., SWRoom 924A Washington, DC 20591 Re: Mesa Airlines, Inc. 1**~** 

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# o·o**1-~0!** FinalNotice ofProposed CivilPenalty (2011SW070036) Dear Sir/Madam: Pursuant to 14 CFR Sec. 13.16(!), please accept this letter as Mesa Airlines, Iuc.'s request for a formal hearing inthe above-referenced case. A FinalNotice ofProposed Civil Peualty ("FNPCP") has beenissued in which a $29,997penaltyhas beenassessed againstMesaAirlines, Inc. Ifyou have any questions or conunents, please do not hesitate to contact me at (602) 685-4051. Thankyou. Sincerely,

# fc~S Brian S. Gillman Exec. VP & General Counsel :!If

cc: AnnjenetChennault, Attorney Office ofRegional Counsel, ASW-7 Federal Aviation Administration 2601 MeachamBlvd. FortWorth, TX 76137U.S. DEPARTMENT OF TRANSPORTATION

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# vED FEDERAL AVIATION ADMINISTRATION 

## DEC 18 2013

************************************************************** ) In the Matter of: MESA AIRLINES INC. ) ) ) ) ) *************************************************************** JUDGE NOT ASSIGNED
COMPLAINT 

## HEARING DOCKET

FAA DOCKET NO. 

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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 that the FAA proposed to assess a civil penalty in the amount of $29,997. 2. On December 6, 2013, Respondent Mesa Airlines Inc. submitted a written request for a hearing.
II. 1. Mesa Airlines Inc., (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 airtransportation.

### 2. On or about August 11, 2011, FAA personnel performed an Air Transportation Oversight System (ATOS), inspection of Mesa Airlines. 3. The inspection revealed that Mesa failed to keep current its Station Operations Manual, Weight and Balance Manual and Crash Fire Rescue Manual. 4. Each ofthe above referenced manuals contained instructions and information for aircraft no longer authorized by Mesa Airlines Operations Specifications.

Ill. 1. By reason ofthe foregoing facts and circumstances, Respondent Mesa Airlines Inc. violated the following Federal Aviation Regulation (FAR):
a. Section 121.137(a)(1), which provides that each certificate holder shall furnish copies ofthe 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. 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 $29,997 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$29,997.Respectfully submitted this 12!b_day of December, 2013. ERIC E. ANDERSON Regional Counsel Southw st Region

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### 1'/ A ·enet Chennault

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## \i (817) 222-5071 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 courier the 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 2W1 000, 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, Wilbur Wright Building-Suite 2W1 000. 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 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 answer without 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 WilburWright Building-Suite 2W1 000
Mr. Christopher Pappaioanou Vice-President, Legal Affairs Mesa Airlines, Inc. 410 N. 44th Street, Suite 700 Phoenix, AZ 85008

Marquitta obinson, Paralegal Specialist Federal Aviation Administration Southwest Region Fort Worth, TX 76137 Date: December 12, 2013