U.S. Department 

of Transportation 

Federal Aviation 

Administration 

DCT J 6 2014 

Southern Region 

Office of the Regional Counsel 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1 000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Delta Air Lines Inc. 

FAA Case No. 2014S0670010 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

( 404) 305-5223 FAX 

RECE\VED 

HEARING DOCKET 

d-olq-O~lLj 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Minneapolis, Minnesota area, 

and expects that the hearing will last two days. 

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

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

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

Sincerely, 

CHRISTOPHER 

~~ R. STEVENSON 

Attorney 

Office of the Regional Counsel 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

Vs. 

Delta Air Lines Inc. 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

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

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

I. 

1. On September 30, 2014, Respondent, Delta Air Lines Inc. was advised through a Final 

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

amount of$14,375. On October 15,2014, the Agency Attorney received a written 

request for a hearing from the Respondent. 

II. 

2. At all times material herein Delta Airlines (Delta) was and is now the holder of Air 

Carrier Certificate No. DALA026A. 

3. On or about December 2, 2013, Delta operated Flight 402 from John F. Kennedy 

International Airport, New York, New York (JFK) to Heathrow Airport, London, United 

Kingdom (LHR). 

4. FAA Aviation Safety Inspector Peter Garberg presented his FAA 11 OA credential to a 

Delta gate agent and the flight crew of Flight 402 for purposes of conducting an 

inspection on the flight. 

5. Inspector Garberg was initially given access to the aircraft and the pilot's compartment of 

the aircraft. 
6. Immediately prior to departure, Delta ground personnel boarded the aircraft and told 

Inspector Garberg that he could not go on the flight and had to deplane. 

7. Faced with the options of complying with the instruction to deplane or remaining on the 

flight deck and holding the aircraft while Delta resolved the situation, resulting in a delay 

ofunlmown duration for the passengers of the aircraft, Inspector Garberg deplaned. 

8. Inspector Garberg spoke with the same Delta ground personnel about being given access 

to two later flights from JFK to LHR that day, but was told that he would not be 

permitted to board or conduct an inspection on either of those flights either. 

III. 

As a result, Delta violated the following sections of the Federal Aviation Regulations: 

§ 121.548 in that whenever, in perfonning the duties of conducting an inspection, an inspector of 

the Federal Aviation Administration presents form FAA 11 OA, "Aviation Safety Inspector's 

Credential," to the Pilot in command of an aircraft operated by an air carrier or commercial 

operator, the inspector must be given free and uninterrupted access to the pilot's compartment of 

that aircraft 

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

to exceed $1,100 for each of the violations alleged. 

Under the facts and circumstances of this case, a civil penalty of$14,375 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 $14,375. 

l 6 J"'- ~ctfully submitted this ____ day of October, 2014. 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 
PLEASE NOTE: 

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 3 0 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: 

Delta Airlines, Inc. 

c/o Jim Graham I Dept. 206 

1010 Delta Boulevard 

Atlanta, GA 30354 

Delta Airlines, Inc. 

Jon-Peter F. Kelly, Esq. 

Department 981 

1030 Delta Boulevard 

Atlanta, GA 30354 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

DONNA 

Unvnru 

E. s ~-~ A~· 

Legal Assistant 

OCT 1 6 

Dated 

(original + 1 copy) 
.~DELTA'~ 

OVERNIGHT DELIVERY 

Jon-Peter F. Kelly Delta Air lines, Inc. 

Assistant General Counsel Department 981 

1030 Delta Boulevard 

Atlanta, GA 30354-1989 

T. 404 714 5631 

F. 404 677 2972 

Jon_2~t~r_._E_,_K~[Iy@Q_~_tt._Clc0J_ll 

October 15, 2014 

Attention: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

Suite 2W1000 

Wilbur Wright Building 

600 Independence Avenue, S.W. 

Washington, D.C. 20591 

Re: Request for Hearing of Delta Air Lines, Inc., F.A.A. Case No. 

201450670010 

Dear madam or sir: 

Pursuant to§ 13.16(g)(2)(ii) of the Federal Aviation Regulations, the 

undersigned counsel for Delta Air Lines, Inc., ("Delta") hereby requests a 

hearing in accordance with the procedures of Subpart G of Part 13 of the 

Federal Aviation Regulations. A copy of the Final Notice of Proposed Civil 

Penalty being appealed by Delta is attached hereto. A copy of the Request 

for Hearing has been served by e-mail and first-class mail upon Christopher 

R. Stevenson, attorney for the F.A.A. in this matter. 

Also enclosed is an additional copy of the Request for Hearing and a preaddressed, postage-paid envelope. Please date-stamp the additional copy 

and return it to our office in the enclosed envelope. Thank you. 

Enclosures 

Yours truly, 

~~ 7-

-- ,1? ~ / 

l> ~ Jl.'c~lf~ v Jon-Peter F. Kelly Y 

Assistant General Counsel 

cc: Christopher R. Stevenson, Esq., (w/ encl.) via e-mail at 

chris~steveoson@faa.gov and first-class mail 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southern Region 

Office of the Regional Counsel 

CERTIFIED- RETURN RECEIPT REQUESTED 

§<.. REGULAR M/dL 

Delta Airlines. Inc. 

c/o Jim Gmbam I Dept. 206 

l 010 Delta Boulevard 

Atlanta, GA 30354 

P.O. Box 20636 

Atlanta, Georgia 30320 

( 404) 305-5200 

( 404) 305-5223 FAX 

20 14S06700 I 0 

FINAl~ NOTICE OF PROPOSED CIVIL PENALTY 

On May 7, 2014, Delta was advised through a Notice of Proposed Civil Penalty that the FAA 

proposed to assess a civil penalty in the amount of$14,375. 

After considering all the evidence in this matter, including that presented at the informal 

conference on September 11, 2014, it appears that: 

1. At all times material herein Delta Airlines (Delta) was and is now the holder of 

Air CaJTicr Certiticate No. DALA026A. 

2. On or about December 2, 2013, Delta operated Flight 402 from John F. Kennedy 

International Airport. New York, New York (JFK) to Heathrow Airport, London, United 

Kingdom (LHR). 

3. FAA Aviation Safety Inspector Peter Garbcrg presented his FAA !lOA credential 

to a Delta gate agent and the .flight crew of Flight 402 for purposes of conducting an inspection 

on the !1 ight. 

4. Inspector Garberg was initially given access to the aircrat1 and the pilot's 

compartment of the aircraft. 

5. Immediately prior to departure, Delta ground personnel boarded the aircraft and 

told ln:;pector Gm·berg that he could not go on the flight and had to deplane. 

6. Faced with the options of complying with the instruction to deplane or remaining 

on the J1ight deck and holding the aircraft while Delta resolved the situation, resulting in a delay 

of unknown duration for the passengers of the aircrat1, Inspector Garberg depkmed. 
7. Inspector Garberg spoke with the same Delta ground personnel about being given 

access to two later flights from .IFK to LHR that day, but was told that he would not be permitted 

to board or conduct an inspection on either of those flights either. 

8. As a result, Delta violated the follmving sections of the Federal Aviation 

Regulations: § I 21.548 in that whenever, in performing the duties of conducting an inspection, 

an inspector of the Federal Aviation Administration presents form FAA 11 OA, "Avimion Safety 

Inspector's Credential." to the Pilot in command of an aircraft operated by an air carrier or 

commercial operator, the inspector must be given free and uninterrupted access to the pilot's 

compa11ment of that aircraft 

Under 49 U.S.C. Sections 46301 (a)-( d), Delta is subject to a civil penalty not to exceed $25,000 

for each violation of the regulations. By reason of the foregoing facts and circumstances, we 

propose to assess a civil penalty in the amount of$14.375. 

Unless Delta mails or personally delivers, in writing, its request for a hearing in this matter, on or 

before fiileen (15) days alter it receives this Final Notice, we will issue an Order Assessing Civil 

Penalty and Delta will have no further right to a hearing. If Delta do not submit a WTitten request 

lor a bearing, it must pay the proposed civil penalty. 

A request for a hearing must be sent to the Federal Aviation Administration, 600 Independence 

Avenue SW, Wilbur Wright Building, Suite 2W1000, Washington, DC 20591, Attention; 

Hearing Docket Clerk, AGC-430 (if delivery is in person or via expedited courier service) or 

Federal Aviation Administration, 800 Independence Avenue SW, Wilbur Wright Building. Suite 

2Wl000, Washington. DC 20591, Attention: Hearing Docket Clerk, AGC-430 (if delivery is 

via ll.S. Mail), and a copy must be sent to the undersigned FAA attomey. A hearing request 

must be dated and signed, in accordance with section 13.16 of the Federal Aviation Regulations. 

sent to Delta with the Notice of Proposed Civil Penalty (14 C.F.R. §13.16). 

Delta may pay the proposed penalty by submitting a certified check or money order payable to 

the "Federal Aviation Administration" to the tmdersigned. 

Rt\NDY ELLEN HYMAN 

REGIONAL COUNSEL 

BY: 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Final Notice of Proposed Civil Penalty has been mailed by 

Certified Mail & Regular Mail to: 

Delta Airlines, Inc. 

c/o Jim Graham (Dept. 206 

1010 Delta Boulevard 

Atlanta. GA 30354 

~ID_ !A_. fJ.tnJJ\0111 

DONNA E sifN~G Legal Assistant 

3 0 20i4 

Dated