03/08/201 0 11:17 FAX 2024935142 FAA •* DMS @l001/005 

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U.S. Department Southern Region ' P.o'Box 20636 

of Transportation Off ice of the Regional Counsel Atlanta, Georgia 30320 

Federal Aviation (404) 305.5200 

Administration (404)305-5223 FAX r 

FEB 2 4 2010 

CERTIFIED - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In ihe Matter of AirTran Airways, Inc. (^Dlh Q Q rihn ? I -)/.,/;) - (M Q ^ 

FAACaseNo.2008SO370045 "-^^^^ ^ UOOZ. / QUfO - O H ^ 

Enclosed herewith plea.se find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

Tlio FAA requests thai the hearing in this matter be held in the OHando, Florida area, and 

expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southem Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

i ~ i 

- -I 

^SHAWN RICH GEORGE 

Attorney 

Office of the Regional Counsel 

Enclosures 
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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

AirTran Airways, Inc. 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and slates as follows: 

I. 

1. On February 11,2010, Respondent, AirTran Airways, Inc. was advised through a Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of $15,000. On February 17,2010, the Agency Attorney received a written 

request for a hearing from the Respondent. 

U. 

2. At all relevant times AirTran Airways, Inc. (hereafter AirTran) held Air Carrier 

Operating Certificate ZZDA612U. 

3. From July 9 through 16, 2008, AirTran employed Christopher Martin as a flight 

attendant. 

4. From July 9 throughl6, 2008, Mr. Martin was scheduled for duty in air transportation as 

follows [report time-finish time (24 hour clock)]: 

July 9: 2000-2330 

.TulylO: 0815-1915 

July 11: 0530-1412 
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July 12: 0515-1546 

July 13: 0615-2000 

July 14: 2000-2243 

July 15: 1051-2231 

July 16: 1717-2053 

5. From July 13 at 2000 to July 14 at 2000, AirTran assigned Mr. Martin to home call 

reserve status. 

6. Home calI reserve status, while not considered duty, is not rest. 

7. AirTran scheduled Mr. Martin for duty in air transportation for seven consecutive 

calendar days without relieving him from all further duty for at least 24 consecutive hours 

during the 7 consecutive calendar days. 

in. 

8. By reason of the foregoing facts and circumstances. Respondent violated Section 121.467 

(b)(l 3) of the Federal Aviation Regulations in that each certificate holder conducting 

domestic, flag, or supplemental operations must relieve each flight attendant engaged in 

air transportation from all fiirthcr duty for at least 24 consecutive hours during any 7 

consecutive calendar days, 

9. Pursuant to 49 U.S-C Sections 46301 (a)-(d). Respondent is subject to a civil penalty not 

to exceed $11,100 for each of the violations alleged. 

10. Under the facts and circumstances of this case, a civil penalty of $15,000 is appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $15,000. 

Respectfully submitted this ^ ^ ^ day of February, 2010. 

/^> ^ 

JHAWN RICH GEORGE 

Attorney 

Office of the Regional Counsel 
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PLEASE NOTEj 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Stephen J. Kolski 

Executive VP Operations & Corporate Affairs 

AirTran Airways, Inc. 

9955 AirTran Bivd 

Orlando, FL 32827 

Hearing Docket Clerk (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Dated 
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difBian. 

A I a w A r s 

STEPHEN J. KOLSKI 

EXECUTIVE VICE PRESIDENT OPERATIONS & CORPORATE AFFAIRS 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Room 2014 

VIA: U.S Mail RE: 2008SO370045 

ATTN; Hearing Docket Clerk 

AGC-400 

Wilbur Wright Building-Suite 2W1000 

This is a request for a formal hearing in the above referenced matter submitted on behalf of 

AirTran AinA'ays, Inc. in accordance witti §13.35 of 14 USC Part 13. 

in a Final Notice OF Proposed Civil Penalty dated February 11, 2010. the F/^A proposed a civil 

penalty of Si 5,000. 

Respondent AirTran Airways, Inc. encloses its ANSWER to the Final Notice of Proposed Civil 

Penalty with this correspondence in accordance with 14 USC §13.35(c). 

In accordance with 14 USC §13.35(b), this request for a fomnal hearing is also being provided to 

the following parties: 

Eddie L. Thomas 

Regional Counsel 

Southern Region, FAA 

P.O. Box 29636 

Atlanta, Georgia 30320 

Rashawn Rich George 

Attorney 

Southern Region, F/\A 

P.O. Box 29636 

Atlanta, Georgia 30320 

Very Truly Yours, 

J, feteki 

Enclosure: 

HAA REdOHAl COUNSfl 

SOUTHtHN KLCIQN 

AirTran Airways 9955 AirTran BouUward Orlando, FL 32827 Phone 407318.5600 Pax 407318.591 (^