### u.s. Department of Transportation Federal Aviation Administration Southwest Region Arkansas, Louisiana, New Mexico, Oklahoma Texas November 26,2012 CERTIFIED MAIL

- RETURN RECEIPT REQUESTED FederalAviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000 In the Matter ofSouthwest Airlines Co. Office of Regional Counsel 2601 Meacham Blvd., Rm. 663 Fort Worth, TX 76137 (817) 222-5099 (817) 222-5945/5092 FAX

DocketNo. CP- To Be Assigned 

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## '3 'la... Case No. 2010SW290037 Dear Sir orMadam: Enclosed are the original and one copy ofthe complaint in the above-referenced proceeding. The Complainantrequests thatthe hearing inthis matterbe held in the Arlington, Texas area, and expects that the hearing will last one (1) day. Please serve me with all documents inthis matter. 

### Y

oll;Ulda AyalaBernal, ASW -7E2 }{ederal Aviation Administration Southwest Region 2601 MeachamBlvd., Room 663 Fort Worth, TX 76137 ERIC E. ANDERSON Regional Counsel Southwest Region

By: 

# (

YolandaAyalaBernal Senior Attorney Safety Enforcement Branch Phone: (817) 222-5070 FAX: (817) 222-5945 or 5092 Enclosure 

# RECEIVED DEC- 3

# 2012

.. HEARING DOCKET

### Inthe Matter of: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

FAA Case No. 2010SW290037 SOUTHWEST AIRLINES CO. 

### FAA Docket CP No.- To Be Assigned Judge Not Assigned

COMPLAINT The Complainantfiles its complaint, under Rule 208 ofthe Rules ofPractice in FAA Civil PenaltyActions, 14 CFR §13.208, and states the following: I. 

### Respondent Southwest Airlines, Co., herein after referred to {SWA) was advised through a Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$22,875.00. On November 20,2012, Respondent submitted a written request for a hearing. II. 

### 1. Southwest Airlines Co. (SW A) holds Air Carrier Operating Certificate No. SW AA304A and Operations Specifications issued underPart 121 ofthe Federal Aviation Regulations (FAR) authorizing itto engage in scheduled passenger carrying operations as a domestic air 

### carrier. 2. SWA's Operations Specifications, ParagraphD072, require that each aircraft authorized for use be maintained in accordance wi.ththe continuous airworthiness.maintenance program and limitations specified in the operations specifications. 3. SWA's Operations Specifications, ParagraphD072, also require thatthe continuous airworthiness maintenance program (CAMP) be sufficiently comprehensive in scope and detail to fulfill its responsibility to maintain the aircraft in an airworthy condition in accordance with applicable Federal Aviation Regulations and standards prescribed and approved by the Administrator andbe included in the certificate holder's manual. 4. SWA Maintenance Procedures Manual (MPM), Chapter 05-02, Continuous Airworthiness Maintenance Program, 05-02-01, C., states thatthe CAMP is included in the Work Contents Manual and the MPM. 5. SWA's MPM, Chapter 10-07-03, Section 10-07-03-01 titled Parts Identification requires that all parts be identified by either a SA-M 709/SA-M S58 label or

## aSA-M 1 02/SA-M 857 Parts Tag. · 6. On or aboutNovember 17,2009, the SouthwestAirlines Certificate Management Office (SWA-CMO) accomplished an Air Transportation·Oversight System (ATOS) Element PerformanceInspection (EPI) 1.3.2, titled "Maintenance/Inspection" atthe SWA maint¥nance facility in Phoenix Sky Harbor Airport (PHX). 7. Atthe time ofthe inspection, alleged inparagraph 6 above, eight (8) engine fan blade platforms thathad beenremoved from an engine without the

### SA~M 709/SA-M 858 label or a SAM 1 02/SA-M 857 Parts Tag. 8. Atthe time ofthe inspection alleged in paragraph 6 above, an outboard fore flap assembly, and an inboard fore flap assembly removed from an aircraft were found withoutthe SAM 709/SA-M 858label or a SA-M**102/SA~M** 857 Parts Tag. 9. The inspection addressed inparagraph 6 above revealed parts that were not identified as required by SWAMPM, Chapter 10-07-03, Section 10-07-03-01. 10. By reason ofthe foregoing facts and circumstances, SWA violated Section 121.369(b), in that SWA's manual contained the programs required by Part 121.367 that it failed to ensure they be followed in performing maintenance, preventive maintenance, and alterations ofthat certificate holder's airplanes, including airframes, aircraft engines, propellers, appliances, emergency equipment, and parts thereof. III. 1. Under 49 U.S.C. §46301, SWA is subject to a civil penalty for each ofthe violations alleged. The maximum penaltyper violation is $25,000.00. 2. Under the facts and circumstances ofthis case, a civil penalty of$22,875.00 is appropriate. Complainantrespectfully requests that the administrative lawjudge enter an orderthat Respondent SWA be assessed a civil penalty inthe amount of$22,875.00. Submitted this 26th day ofNovember, 2012. ERIC E. ANDERSON Regional Counsel Southwest Region

By: Yolanda Ayala Bernal SeniorAttorney Safety Enforcement Branch Phone: (817) 222-5070 FAX: (817) 222-5945 or 5092 e-mail: Yolanda.A.Bernal@faa.govCERTIFICATE OF SERVICE I certifythat the foregoing Complainthas beenmailed this date by Certified Mail, Return Receipt Requested and by FAX, to:
Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2W1000 TEL: (202) 385-8229 FAX: (202) 493-5142

andby Certified Mail, Return Receipt Requested to: Dane B. Jaques, Esq. DombroffGilmore Jaques & French, P.C. 1767 International Drive, PH McLean, VA 22102 E-Mail: djagues@dglitigators.com TEL: (703) 336-8800 

### Mr. Barry S. Brown Associate General Counsel Southwest Airlines Co. P.O. Box 36611 Dallas, TX 75235-1611 TEL: (214) 792-4263

·Syl · C. Twa, Paralegal Specialist Fe ral Aviation Administration Office ofthe Regional Counsel Southwest Region Date: November 26,2012