u.s. Department 

of Transportation 

Federal Aviation 

Administration 

Southwest Region 

Arkansas, Louisiana, 

New Mexico, Oklahoma 

Texas 

November 26,2012 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

In the Matter of Southwest Airlines Co. 

Office of Regional Counsel 

2601 Meacham Blvd., Rm. 663 

Fort Worth, TX 76137 

(817) 222-5099 

(817) 222-5945/5092 FAX 

Docket No. CP- To Be Assigned d-bl3 -~ ... CR{l .... I~ '3 'la... 

Case No. 2010SW290037 

Dear Sir or Madam: 

Enclosed are the original and one copy of the complaint in the above-referenced proceeding. 

The Complainant requests that the hearing in this matter be held in the Arlington, Texas area, 

and expects that the hearing will last one (1) day. 

Please serve me with all documents in this matter. 

Y oll;Ulda Ayala Bernal, ASW -7E2 

}{ederal Aviation Administration 

Southwest Region 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

By: 

( 

Yolanda Ayala Bernal 

Senior Attorney 

Safety Enforcement Branch 

Phone: (817) 222-5070 

FAX: (817) 222-5945 or 5092 

Enclosure 

RECEIVED 

DEC- 3 2012 .. 

HEARING DOCKET 
In the 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 Complainant files its complaint, under Rule 208 of the Rules of Practice in FAA 

Civil Penalty Actions, 14 CFR §13.208, and states the following: 

I. 

Respondent Southwest Airlines, Co., herein after referred to {SW A) was advised through 

a Notice of Proposed 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 under Part 121 of the Federal Aviation Regulations (FAR) 

authorizing it to engage in scheduled passenger carrying operations as a domestic air carrier. 

2. SWA's Operations Specifications, Paragraph D072, require that each aircraft authorized 

for use be maintained in accordance wi.th the continuous airworthiness.maintenance program and 

limitations specified in the operations specifications. 

3. SWA's Operations Specifications, Paragraph D072, also require that the 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 and be 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 that the 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 a SA-M 1 02/SA-M 

857 Parts Tag. · 

6. On or about November 17,2009, the Southwest Airlines Certificate Management Office 

(SWA-CMO) accomplished an Air Transportation· Oversight System (ATOS) Element Performance 
Inspection (EPI) 1.3.2, titled "Maintenance/Inspection" at the SWA maint¥nance facility in Phoenix 

Sky Harbor Airport (PHX). 

7. At the time of the inspection, alleged in paragraph 6 above, eight (8) engine fan blade 

platforms that had been removed from an engine without the SA~M 709/SA-M 858 label or a SAM 1 02/SA-M 857 Parts Tag. 

8. At the time of the inspection alleged in paragraph 6 above, an outboard fore flap 

assembly, and an inboard fore flap assembly removed from an aircraft were found without the SAM 709/SA-M 858label or a SA-M 102/SA~M 857 Parts Tag. 

9. The inspection addressed in paragraph 6 above revealed parts that were not identified as 

required by SWA MPM, Chapter 10-07-03, Section 10-07-03-01. 

10. By reason of the foregoing facts and circumstances, SW A 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 

of that 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 of the 

violations alleged. The maximum penalty per violation is $25,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of$22,875.00 is 

appropriate. 

Complainant respectfully requests that the administrative law judge enter an order that 

Respondent SWA be assessed a civil penalty in the amount of$22,875.00. 

Submitted this 26th day ofNovember, 2012. 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

By: 

Yolanda Ayala Bernal 

Senior Attorney 

Safety Enforcement Branch 

Phone: (817) 222-5070 

FAX: (817) 222-5945 or 5092 

e-mail: Yolanda.A.Bernal@faa.gov 
CERTIFICATE OF SERVICE 

I certify that the foregoing Complaint has been mailed 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 2W1 000 

TEL: (202) 385-8229 

FAX: (202) 493-5142 

and by 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 of the Regional Counsel 

Southwest Region 

Date: November 26,2012