ToddC. Emerson, #8175 

444 South River Road 

St. George, Utah, 84790 

Telephone: (435)634-3530 

l^icsimiie: (435) 634-3505 

Email: tcmerson((5skywest.com 

- and -

Michael L. Dworkin #64047 

465 California Street^ Suite 210 

San Francisco, Calitornia 94104 

Telephone: (415)421-02500 

Facsimile: (415)421-2560 

Email: la\v@aviale.\.com 

Attorneys for SkvWcsE Airlines, Inc. 

RECEIVED 

OCT 12 20t1 

HEARING DOCKET 

C7~ 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

'0 _ 

— o 

C O 

In the Matter of: 

SkvWest Airlines Inc *-*•* ' T'^iJ l J ^•'iliiV«J « lil^ » 

FAA Case Nos. 201 1NM060010 - FCMY)-^.., 

and20IINM06001l ^.OH 

S^t\-^'i-SSi^ 

SKYWEST AIRLINES, INC/S 

FIRST REQUEST FOR PRODUCTION 

OF DOCUMENTS AND OTHER 

DISCOVERY 

Judge: The hlonorable Richard C. Goodwin 

PROPOUNDED BY: 

SET NUMBER: 

Respondent, SkyWest Airlines, Inc. ("SKVWEST") 

One 

DATE OF REQUESTS: October II, 2011 

RESPONSES DUE: November 11,2011 
TO THE DEPARTMENT OF TRANSPORTATION, THE HONORABLE 

RICHARD C. GOODWIN ADMINISTRATIVE LAW JUDGE, AND TO THE 

ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATIONXN D HIS 

ATTORNEYS OF RECORD: 

Dated: October 1 1.201 1 

Dworkin 

Co-Counsel IbrSKYWES' 

l-AA Case Nos. 201 INM060010 and 2011NM0600I I 

SKYWEST'S FIKST REQUEST FOR PRODUCTION 

OF DOCUMENTS AND OTHER DISCOVERY 
ATTACHMENT A 

0.10 DEFINITIONS AND INSTRUCTIONS 

Please note: Court and counsel are requested to lake judicial notice of 14 Code of 

Federal Regulations, Parts 1-198. commonly referred to as the "Federal Aviation 

Regulations'' (hereinafter referred to as the "FAR's'') and Title 49. United States Code, 

Transporiaiion; all words used in this request shall have the same meaning as used in 

said FAR's and Title 49, United States Code, Transporiaiion, unless the sense indicates 

to the contrary. 

O.I Anyone acting on your behalf- includes, but is not limited to, your attorneys, 

investigators, and their repreyentaiives, and consultants, including all experts. 

0.2 Person - includes a natural person, firm, association, organization, partnership, 

business trust, corporation, or public entity. 

0.3 Custodian - refers to the person having possession, custody or control. 

0.4 Writing - means handwriting, typewritten, printing, photostating, photographing, 

and every other means of recording upon any tangible thing, any form of communication 

or representation, including letters, words, pictures, sound, or symbols, or combinations 

thereof. 

0.5 You - includes Complainant, its agents, employees, attorneys, and anyone else 

acting on behalf of Complainant. 

0.6 Document or documents - includes writings, drawings, graphs, charts, photographs, 

phono-records, tapes, videotapes, films, and other compilations from which information 

can be obtained, translated through detection devices into reasonably usable form when 

translation is practicably necessary. 

FAA Case Nos. 2011 NM060010 and 20 i I NM060011 

SKYWEST'S FIRST REQUEST FOR PRODUCTION 

OF DOCUMENTS AND OTHER DISCOVERY 
0.7 Complainant - refers to the Federal Aviation Administration, its Administrator, 

directors, employees and agents, and includes, but is not limited to, its attorneys, 

investigators, and their representatives, and consultants, including all experts. 

1.0 DOCUMENTS SOUGHT TO BE PRODUCED 

SKYWEST acknowledges its prior receipt of portions of what Complainant has 

represented were the evideniiar\' portions of its case file. In the interests of economy, 

materials and documents heretofore provided by Complainant's counsel to SKYWIZST's 

counsel need not be again produced. 

1.1. Complainant's case files bearing Case No. 201INM0600I0 and 

201INM0600I 1 in their entirety, including, but not limited to, items of proof, exhibits. 

correspondence, memoranda, and all other documents contained therein. 

1.2. All documents pertaining to the allegations set forth in the Final Notice of 

Proposed Civil Penalty Cases Nos. 201INM0600I0 and 2011NM0600I I, both dated 

March 10, 201 1, which serve as the Complaints in this matter. 

1.3. All documents which Complainant intends to utilize as exhibits at the 

hearing in this matter. 

1.4. All statements and documents pertaining to or concerning statements made 

to Complainant by SKYWEST. 

1.5. All statements and documents pertaining to or concerning statements made 

to Complainant by any employees or former employees of SKYWEST. 

1.6. -AM statements and documents pertaining to or concerning statements made 

to Complainant by any other person, firm or corporation, concerning the matters alleged 

4 

l-AA Case Nos. 20! INM06001G and 2011 NM0600I I 

SKYWEST'S FIRST REQUEST FOR PRODUCTION 

OF DOCUMENTS AND OTHER DISCOVERY 
in Complaint. 

1.7 Resumes, curriculum vitae and any and all written qualifications of all persons 

whom Complainant expects to utilize as expert witnesses at the hearing in (his matter. 

1.8. All documents pertaining to facts and opinions held by Complainant's 

experts acquired or developed in anticipation of litigation or for the hearing in this matter. 

1.9. All documents reviewed by Complainant's experts in connection vvith the 

anticipated litigation or hearing in this matter. 

MO. All documents generated by Complainant's experts in connection with the 

anticipated litigation or hearing in this matter. 

2.0 INTERROGATORIES 

2.1. State the name, occupation, address and telephone number of each person 

Complainant intends to call as a witness {including but not limited to expert witnesses) at 

the hearing. 

2.2. Provide a brief statement regarding the subject matter of the testimony of 

each witness. 

2.3. Provide copies of all documents Complainant intends to offer into evidence 

as exhibits at the hearing. 

2.4. For each expert witness Complainant intends to call at the hearing, provide a 

brief statement regarding the grounds for the opinion testimony of each expert witness, 

and copies of any documents prepared or reviewed by said expert witness. 

2.5. If Complainant obtains additional documents not mentioned in response to 

Request No. 2.3, above, SKYWEST requests these documents be produced as 

5 

FAA Case Nos. 201 I NM060010 and 2011 NM0600I I 

SKYWEST'S FIRST REQUEST FOR PRODUCTION 

OF DOCUMENIS AND OTHER DISCOVERY 
expeditiously as possible. 

2.6. II"Complainant secures additional witnesses not mentioned in response to 

Request No. 2.1, above, SKYWEST requests a supplementary witness list and a brief 

statement regarding the subject matter of the testimony of each of the witnesses. 

3.0 REQUESTS FOR ADMISSION 

3.1. ADMIT that SkyWest Airlines" Weight and Balance Operations Manual, 

Standard Practice 4100, has been reviewed and approved by the FAA for use in all 

SkyU-'est operations and was in effect as of the dates of the alleged violations. 

3.2 ADMIT that none of the aircraft in the subject fiights exceeded the 

maximum takeoff weight for the runway of use. 

3.3 ADMI T that SkyWest Airlines' Weight and Balance Operations Manual, 

Standard Practice 4100, provides guidance and instruction necessary for Hight crew and 

Customer Service personnel to complete weight and balance calculations, the Cargo Load 

Report (CLR), and the Load Manifest. 

3.4 ADMIT that SkyWest Airlines' Weight and Balance Operations Manual, 

Standard Practice 4100. provides weight and balance information sufficient lo ensure safe 

aircraft operations. 

3.5 ADMIT that for the aircraft types and airports utilized in the (light alleged 

in the Complaint, and with the aircraft loads, fiight crews, t\iel, passengers and baggage 

recorded in the tlight releases for the fiights in question, any errors in load manifest 

calculations, producing a weight error of less than 300 pounds, results in: 

a. No change in aircraft performance; and 

6 

FAA Case Nos. 201 I NM060010 and 2011 NM0600I I 

SKYWEST'S FIRST REQUEST FOR PRODUCTION 

OF DOCUMENTS AND OTHER DISCOVERY 
b. A nearly negligible change in aircraft center of gravity. 

3.6 ADMIT that load manifest errors do not always result in a heavier than 

planned aircraft, that in some cases the aircraft may be lighter than planned. 

3.7 ADMI'F that SkyWest has been FAA-approved to use the following 

standard baggage average weights in its Weight and Balance Program: 

Standard checked baggage - 30 pounds 

Heavy checked baggage - 60 pounds (baggage weighing more than 

50 pounds but less than 100 pounds) 

Planeside loaded/carry-on baggage - 30 pounds 

Carry-on baggage and/or personal item stowed 

in aircrat^t passenger cabin - 0 pounds 

Non-luggage baggage (standard) - 30 pounds 

Non-Iuggagc baggage (heavy) - 60 pounds 

ficketed cabin baggage (summer) - 82 pounds 

Ticketed cabin baggage (winter) - 87 pounds 

3.8 ADMIT that FAA AC 120-27, Chapter 2, Section 1.200(a). states 

".. .differences between the actual weight of passengers and bags and the average weight 

of passengers and bags can occur when using average weights." 

3.9 ADMIT that it is technically possible to have the correct total cargo 

weight even ii'lhe number ol"baggage contained in the CLR is incorrect. 

3.10 ADMIT that during the subject Flight 6573, from DEN to HDN, all 

checked baggage was loaded into the afi cargo bin. 

7 

KAA Case Nos. 201INMOCOOIO and 201INM06001 1 

SKYWEST'S FIRST REQUEST FOR PRODUCTION 

OF DOCUMENTS AND OTHER DISCOVERY 
3.11 ADMIT that during takeoff, an additional 120 pounds would not cause 

Flight 6573 to exceed the maximum takeoff weight limit oi'the runway in use. 

3.12 ADMLfthat the subject Flight 6573 was a minimum of 1,300 pounds 

below the maximum takeoff weight limit for the runway in use. 

3.13 ADMIT that during the subject Flight 6573, the safety of flight was 

maintained as all operations fell within the manufacturer's operating envelope. 

3.14 ADMIT that during the subject Flight 4659, from BIL to SL.C, all checked 

baggage was loaded into the aft cargo bin. 

3.15 ADMIF that the subject Flight 4659 is alleged to have had an additional 

60 pounds in luggage not listed on the CLR. 

3.16 ADMIT that the subject Flight 4659 was a minimum oi" 3,200 pounds 

below the maximum runway takeoff weight. 

3.17 ADMIT that during the subject Flight 4659, the safety of flight was 

maintained as all operations fell within the manufacturer's operating envelope. 

3.18 ADMIT that during the subject Flight 4800, from LAX to SAN, all 

checked baggage was loaded into the aft cargo bin. 

3.19 ADMIT that the subject Flight 4800 is alleged to have had an additional 

120 pounds of luggage not listed on the CLR. 

3.20 ADMIT that the subject Flight 4800 had a takeoff weight in excess of 

2200 pounds below the maximum runway takeoff weight. 

3.21 ADMIT that the additional weight alleged by the FAA on subject Flight 

4800 would not have caused the subject aircraft to exceed the maximum takeoff weight 

limit for the runway in use. 

8 

FAA Case Nos 201 1NM0600I0 and 201INM06001 1 

SKYWEST'S FIRST REQUEST FOR PRODUCTION 

OF DOCUMENTS AND OTHER DISCOVERY 
3.22 ADMIT that during the subject Flight 4800 the safety of flight was 

maintained as all operations fell within the manufacturer's operating envelope. 

3.23 ADMIT that during the subject Flight 6692, from LAX to SAN, all 

checked baggage wa.s loaded into the aft cargo bin. 

3.24 AD.VIJT thai during the subject Flight 6692 the safety of flighl was 

maintained as all operations fell within the manufacturer's operating envelope. 

3.25 ADMIT that the subject Flight 6692 had 270 pounds less cargo actually 

present than reported on the aircraft load manifest. 

3.26 ADMIT that FAA AS! Wendell S. Gehring's November 22, 2010 written 

statement that the actual weight and balance of Flight 4659 was in error by 60 pounds is 

based solely on the standard average weight of heavy bags and does not necessary reflect 

the exact weight of Flight 4659. 

3.27 ADMI'F that under ACI20-27E an operator may choose to use one weight 

for a fleet or group of aircraft for establishment of the aircraft's operational empty weight 

if the weight and CG of each aircraft is within the limits stated in said AC. 

3.28 ADMH' that under SkyWesl's W&B Manual, heavy bags are considered 

any bag thiit weighs more than 50 pounds and less than 100 pounds. 

3.29 ADMIT that Order 2I50.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies, Paragraph 6.b., General Sanction Guidance, 

states 

Simply adding up the individual penalties for each violation could result in 

compounding a sanction in a disproportionately harsh manner for the conduct 

involved. 

9 

FAA Case Nos. 2011NM060010 and 2011NM06001 I 

SKYWEST'S FIRST REQUEST FOR PRODUCTION 

OF DOCUMENTS AND OTHER DISCOVERY 
3.30 ADMIT that Order 2150.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies. Paragraph 7.b., Limitations on Total Civil 

Penalty Amounts for Numerous Multiple Violations, clause (1), states that 

In an average case involving numerous inadvertent, multiple violations resulting 

from a single act or omission, that is, not one that is covered by chapter 7, 

subparagraphs 7.c. or 7.d., the total civil penalty for the multiple violations 

ordinarily falls within the ranges provided in either Figure 7-1 or 7-2. The group 

classifications are dcFmed in part I of Appendix B. 

3.31 ADMI'Fthai Order 2150.3B, FA.A Compliance and Enforcement Program. 

Chapter 7., Sanction Guidance Policies, Paragraph 7.b., Limitations on Total Civil 

Penalty Amounts for Numerous Multiple Violations, clause (2), states 

The tenn isolated in Figures 7-1 and 7-2 t>'pically describes a single instance of an 

employee's failure to follow a statutor)' or regulatory requirement, contrary to the 

company's own practice or procedure. A case may involve a number of isolated 

and unrelated violations. Each group of the multiple violations resulting from 

each isolated violation ordinarily is subject to the isolated, inadvertent ranges in 

Figures 7-1 or 7-2. 

3.32 ADMI'F that Order 2150.3B, FAA Compliance and Enlbrcemcnt Program, 

Chapter 7., Sanction Guidance Policies. Paragraph 7.C., Penalties Outside the Ranges, 

Clause (1). Penalties lower than the ranges, states 

It may be appropriate to select a civil penalty amount below the ranges in Figures 

7-1 or 7-2 if the degree of culpability is minimal, the degree of potential hazard is 

extremely low, and there are no other aggravating circumstances. 

10 

FAA CascNos. 2011NM0600l0aiid20IINM060UI 1 

SKYWEST'S FIRST REQUEST FOR PRODUCTION 

OF DOCUMENTS AND OTHER DISCOVERY 
CERTIFICATE OF SERVICE 

'Fhe undersigned hereby certifies that on this 11'^ day of October, 2011, a true and 

correct copy of the foregoing SKYWEST'S FIRST SET OF DISCOVERY 

REQUESTS was served as follows: 

The Honorable Richard C. Goodwin 

Offlce of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor. Room E12-

320 

Washington, D.C. 20590 

{Federal Express} 

Federal Aviation Administration 

800 Independence .Avenue SW 

Washington, DC 20591 

Attn; Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl000 

[Federal FxpressJ 

Jeffrey M. Harper 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Rcnton, Washington 98057 

FAX (425) 227-1007 

{^^Hcmrrrk and Federal Express} 

Sheri L. Becker 

l-AA Case Nos. 2011 NM060010 and 201INMOOUOI I 

SKYWEST'S FIRST REQUEST FOR PRODUCTION 

OF DOCUMENTS AND OTHER DISCOVERY