05/17/2014 05:42 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

June 17,2014 

4252271007 ANM7 

Northwest Mountain Region 

Office of Regional Counsel 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425) 227-2161 

Fax: (425) 227-1007 

jeffrey.harper@faa.gov 

PAGE 02/08 

VIA F ACSIIV1ILE AND CER TlfiED MAIL- RETURN RECEIPT ~~{§l:E I v E D 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Rooro. 2Wl 000 

800 Independence Avenue, Southwest 

Washington, DC 20591 

JUN 1 7 2014 

HEARING DOCKET 

Re; In the Matter of Sky West Airlines, Inc. FAA Case No. 2012NM060030 

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

Complaint in this proceeding. 

The FAA requests that the hearing i.o thi.s matter be held in Salt Lake City, Utah, and expects 

that the hearing will last one day. For scheduling purposes, counsel for the FAA is 

unavailable on the following dates in 2014: June 20-23, July 13-29, August 22-25, and 

Septem.ber 12-15. 

Please address all communications to the undersigned at: 

Federal Aviatioo Administration 

North west Mountain. Region, ANM -7 

1601 Lind Avenue Southwest 

Renton, Washington 98057 

(425) 227-2161, Fax: (425) 227-1007 

Sincerely, 

,1::}-~ FAAAttomey 

JMH/ds 

Enclosure: Request for Hearing (Appeal) 

Complaint 
06/17/2014 06:42 4252271007 ANM7 PAGE 03/08 

RECEIVED 

Jeffrey M. Harper 

FAA Office of Regional Counsel 

1601 Lind Avenue, Southwest 

Renton, Washington 98057 

(425) 227-2161, Fax: (425) 227,1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

JUN 1 7 2014 

HEARING DOCKET 

FAA Case No. 2012NM060030 

ln the Matter of: 

Sky West Airlines, Inc. 

DMS No.: Not Assigned- Z.O l'-\- Q~d ~ 

Judge Not Assigned 

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. 

On June 5, 2014, Sky West Airlines, !nc. was advised through a Final Notice of Proposed 

CivU Penalty that the FAA proposed to assess a civil penalty in the amount of $40,000. 

On June 10, 2014, Sky West Airlines, through its legal cotmsel, submitted a written 

request for a hearing. 

II. 

I. SkyWestAirlines (Sky West), is now and was at all times material herein the holder of 

Scheduled Air Carrier Certificate No. SWIA011 A, and conducts .its operations 

pursuant to Part 121 of the Federal Aviation Regulations (FAR). 

2. Paragraph D085 of Sky West's Operations Specifications (OpSpecs) authorizes 

Sky West to use N448SW, a Bombardier CL-600-2B 19 civil aircraft, in the conduct of 

Sky West's Part 121 operations. 

3. ParagraphA098 of Sky West's OpSpecs requires that aircraft loading for Bombardier 

CL-600·2B19 aircraft be accomplished in accordance with Sky West's Weight & 

Balance Operations Part XII SP 41 00 (W &B Manual). 
05/17/2014 05:42 4252271007 ANM7 

4. Sky West's W&B Manual contains the loading schedules and instructions f01: 

Sky West's Bombardier CL-600-2B 19 aircraft. 

5. Sky West's W&B Manual (Revision 01 dated 22 SEP 11), Chapter 2, defines 

"planeside loaded bag" as "equivalent to planeside loaded valet/service item." 

6. Sky West's W&B Manual (Revision 01 dated 22 SEP II), Chapter 2, defmes "service 

item" as "equivalent to planeside loaded valeVservice item." 

7. Sky West's W&B Manual (Revision 01 dated 22 SEP ll), Chapter 2, defines 

"planeside loaded valet/service items" as "[a]ny bag or item that is placed at the door 

or steps of an aircraft and subsequently placed in the aircraft cargo compartment or 

cargo bin. Referred to as Planeside Valet/Service Item on. the CLR [Cargo Load 

Report]." 

PAGE 04/08 

8. Sky West's W&B Man.ual (Revision 01 dated 22 SEP ll), Chapter 3, paragraph 2.E.2 

states "[i]tems that cannot be stowed in an overhead bin, underneath a seat, or secured 

in an empty seat must be collected from the passenger and tagged with a plan.eside 

loaded/carry-on tag. Tbe item now becomes a planeside loaded bag. All passenger 

items collected at the boarding stairs, in a passenger loading bridge, or removed from 

inside the aircraft passenger cabin and placed in the cargo bin/pit must be accounted 

for on the CLR." 

9. Sky West's W&B Manual (Revision 01 dated 22 SEP 11), Chapter 3, paragraph 2.I.2 

states that "[ u ]pon completion of loading the cargo bin/pit, the designated loading 

agent must verify the piece count of all Standard Checked, Heavy Checked, m,d 

Plancside Loaded/Service Item Baggage ... " 

10. Sky West's W&B Manual (Revision 01 dated 22 SEP 11), Chapter 4, paragraph 13.B.1 

states the "PIC [pilot in command] completes the A CARS load manifest with 

.information from the CLR." 

11. SkyWest's W&B Manual (Revision 01 dated 22 SEP 11), Chapter 4, paragraph 8.10, 

requires the loading agent to write the total number ofPlaneside ValeVService Items 

loaded in each cargo bin/pit in the appropriate "Planeside ValeVService Item" block 

on th.e CLR. 

12. Sky West's W&B Manual, Chapter 4, paragraph 12 contains the warning: 

c;;(llnpla.int 

J.n the Matter ofSkyWe:st Airlines., rnc. 

FAt\ Case No. 2012NM060030. DMS No. Not Assi~'l'ed 

Page2of6 

1Efl'm.r.:v M. 1-TA,R,rF.:F:... FAA ATTOR,NEY 

TEL: (42.5) 217-2l6l; PAX: (425) 227-1007 
05/17/2014 05:42 4252271007 ANM7 

~WARNING-INACCURATE LOADING, 

REPORTING, OR FAILURE TO REPORT 

INFORMATION COULD CAUSE ISSUES WITH 

AIRCRAFT PERFORMANCE AND HANDLING, 

RESULTING IN THE ENDANGERMENT OF HUMAN 

LIFE. 

III. 

13, On December 4, 2011, at Sacramento International Airport, (SMF), Sacramento, 

California, Sky West loaded passengers and baggage onto N448SW to be operated as 

Flight 4 7 4 3 bound for Los Angeles International Airport (LAX), Los Angeles, 

California. 

14. Sky West's personnel at SMF loaded 39 Planeside Valet/Service items on board 

N448SW. 

15. The A CARS Load Manifest for Flight 4743 Hsted no valet bags on board N448SW. 

16. Sky West thereafter operated N448SW as Flight 4743 to LAX. 

III. 

17. Sky West has paid civil pe.nalties in eight previous cases involving loading of cargo 

md baggage contrary to approved procedures. 

IV. 

1. By reason of the foregoing circurnstance(s), Great Western violated the following 

provisions of the Federal Aviation Regulations (14 C.F.R.): 

a. Section 119.S(g), in that, as a direct air carrier, it operated in violation of an 

appropriate operations specifications. 

b. Section 119.5(1), in that it operated ain;raft under Part 121 in violation of its 

operations specifications. 

c. Section 121.693(a), in that it operated flights without a load manifest that 

accurately reflected the weight of the cargo and baggage. 

PAGE 05/08 

Conrploitlt 

Tn tho Matter ofSkyWcst. Airli.nc!';;, Inc. 

JE>"FREY M. HARPER, FAA A17\11<NCY 

TEL: (425)227-2161: fAXo (42~) 227-1007 

FAA Case No. 201 ZNJ\106()030. l)lv!S No. Nol Assignod 

Page 3 of6 
05/17/2014 05:42 4252271007 ANM7 

d. Section 121.693(c), in that it operated flights when the total weight of the aircraft 

was not computed under approved procedures. 

e. Section 121.693(d), in that it operated flights when the aircraft was not loaded 

according to an approved schedule. 

2. Under 49 U.S.C. §§ 46301 (a) and (d), Sky West is liable for a civil penalty not to 

exceed not to exceed $27,500 for each of the violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of $40,000 is 

appropriate. 

Respectfully submitted this 17'h day of June, 2014. 

FAA 

,1~-~~ Attorney 

PAGE 05/08 

Complaint 

J.n tbo MattcT of SkyWc!it Aitlines~ h~c. 

JEI'FREY M. 1-lARPER,. Fi\A.Al'TORNEY 

TBL: (425) 227-2161; FNC (425) 227·1007 

FAA Caso No. 2012NM060030. DMS No. Not Assigned 

Pago. 4 of6 
05/17/2014 05:42 4252271007 ANM7 PAGE 07/08 

ANSWER 

In accordance with Section 13.209(a) of the Federal Aviation Regulations, Sky West 

Airlines must answer this Complaint not later than 30 days after the date the Complaint is 

served. Failure to file an Answer within 30 days without good cause shall be deemed an 

admission of the 1ruth of each allegation contained in the Complaint. 14 C.F.R. 

§ 13.209(£). 

Complaint 

In the Natter of SkyV...-cst Airline$. Inc. 

FAA Case No, 2012NM06003t\. DMS No. Not A»:go.ed 

Pag~~ 5 of6 

l1"'1;'l::EY M, HARI'blJ., FMATTORNTiY 

T.EL: (425) 227-2'161; FAX: (425) 227-!007 
05/17/2014 05:42 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complaint has been served via facsimile and Certifi.ed 

Mail - Retum Receipt Requested this date, to the following: 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

800 Independence Avenue Southwest 

Washington, DC 20591 

Fax: (202) 493-5142 

Todd Emerson, Esq. 

Sky West Airlines 

444 S. River Road 

St. George, UT 84790 

Tel: (435) 634-3530 

Fax: (435) 634-3505 

Dated this 17th day of June, 2014. 

-~!hAl.~ DailliSteiJhell 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Avenue SW 

Renton, W A 98057 

(425) 227-2164 

PAGE 08/08 

Comptai.nt 

In the M :,.tter of SkyV·/est A.i.rl ines, tnc. 

.I.T~FFR.I~ y M. HA R,ro.r:~:t~. FAA A t~rO'!~~Y 

TEL: (425) 227-2!61; FAX: (425) 2Z7-l007 

FAA Case No. 2012NM060030. DMS Nu. Not AS<;gned 

Page 6 of6