U.S. Department ofTransportation Federal Aviation Administration 

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### 6 2014 Southern Region Office of the Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED HearingDocket Clerk FAA, AGC-430, Suite 2W1000 WilburWright Building 800 Independence Avenue, SW Washington, DC 20591 Re: In the MatterofDeltaAir 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 herewithplease find a copy ofarequest for hearing and the original and one copy of the Complaint inthe above-referenced proceeding. The FAArequests that the hearing inthis matterbeheld inthe Minneapolis, Minnesota area, and expects that thehearingwill lasttwo days. Please address all cmmnunications for the FAA to the undersigned, at: Federal AviationAdministration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,

# ~~ CHRISTOPHERR. STEVENSON Attorney Office ofthe Regional Counsel EnclosuresU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERALAVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant, Vs. DeltaAirLines Inc. Respondent.

JUDGENOT YET ASSIGNED FAA DocketNo. Judge

COMPLAINT The Federal AviationAdministration (FAA), bycounsel, hereby files its Complaint, pursuantto Rule 208 oftheRules ofPractice (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 ofProposed Civil Penaltythatthe FAAproposed to assess a civil penalty in the amount of$14,375. On October 15,2014,the AgencyAttorneyreceived a written request for ahearing from the Respondent. II. 2. At all times material herein DeltaAirlines (Delta) was and is now the holder ofAir Carrier CertificateNo. 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 11OA 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 thepilot's compartment of the aircraft.6. Immediately prior to departure, Delta ground personnel boarded the aircraft and told Inspector Garbergthat he couldnot go onthe flight andhad to deplane. 7. Faced with the options ofcomplying 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 ofthe 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 ofthose flights either. III. As a result, Deltaviolatedthe following sections ofthe Federal Aviation Regulations: § 121.548 in that whenever, inperfonningthe duties ofconducting an inspection, an inspector of the Federal AviationAdministrationpresents form FAA 11OA, "Aviation Safety Inspector's Credential," to the Pilot in command ofan aircraft operatedbyan air carrier or commercial operator, the inspectormustbe given free and uninterrupted access to thepilot's compartment of that aircraft Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civilpenaltynot to exceed $1,100 for each ofthe violations alleged. Underthe facts and circumstances ofthis case, a civil penalty of$14,375 is appropriate. WHEREFORE, the Agency, by counsel respectfullyrequests thatthe Administrative Law Judge enter an order that Respondentbe assessed a civilpenaltyin the amount of$14,375. 

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**~ctfully** submitted this

____day ofOctober, 2014.

CHRISTOPHER R. STEVENSON Attorney Office oftheRegional CounselPLEASE NOTE: Pursuantto Title 14 CFR Section 13.209(a), you are required to file awritten answer to this Complaint, or a written Motion to Dismiss ifappropriate, not later than 30 days after the date shown on the Certificate ofService which follows. CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complainthas beenmailedthis datebyCertified Mail, Return Receipt Requested, to the following: DeltaAirlines, 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 DeltaBoulevard Atlanta, GA 30354 Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 WilburWright Building 800 Independence Avenue, SW Washington, DC 20591 

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# 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,

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# ~**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 mailU.S. Department ofTransportation 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 l010 Delta Boulevard Atlanta, GA 30354 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX

2014S06700I0

**FINAl~** NOTICE OF PROPOSED CIVIL PENALTY On May 7, 2014, Delta was advised through a Notice ofProposed 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 ofFlight 402 for purposes ofconducting an inspection on the !1ight. 4. Inspector Garberg was initially given access to the aircrat1 and the pilot's compartment ofthe 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 ofcomplying with the instruction to deplane or remaining on the J1ight deck and holding the aircraft while Delta resolved the situation, resulting in a delay ofunknown duration for the passengers ofthe 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 ofthose flights either. 8. As a result, Delta violated the follmving sections of the Federal Aviation Regulations: § I21.548 in that whenever, in performing the duties of conducting an inspection, an inspector ofthe 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 ofthat 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 ofthe foregoing facts and circumstances, we propose to assess a civil penalty in the amount of$14.375. Unless Delta mails orpersonally 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 Penaltyand Delta will have no further right to a hearing. IfDelta do not submit a WTitten request lor a bearing, itmust 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, WilburWright 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 ofthe Federal Aviation Regulations. sent to Delta with the Notice ofProposed 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 ofthe Regional CounselCERTIFICATE OF SERVICE I hereby certify that the foregoing Final Notice ofProposed Civil Penalty has been mailed by Certified Mail & Regular Mail to: Delta Airlines, Inc. c/oJim Graham (Dept. 206 1010 Delta Boulevard Atlanta. GA 30354



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