BEFORE THE UNITED STATES 

DEPARTMENT OF TRANSPORTATION 

FEDERAL A\TATION ADMINISTRATION 

In the Matter of 

FRONTIER AIRLINES, INC. 

^^CEIVED 

'AN ) 1 20» 

^^^RING DOCKET 

Docket No. FAA-2009-1040 

FAACaseNo. 2008NM210020 

FAA Docket No. CP09NM0013 

Judge Richard C. Goodwin 

RESPONDENT'S INITIAL DISCOVERY REQUEST 

Pursuant to 14 C.F.R. § 13.220, Respondent Frontier Airlines, Inc. ("Frontier" or 

"Respondent") by and through its counsel, Pillsbury Winthrop Shaw Pittman LLP, hereby 

requests that the Complainant Federial Aviation Administration ("FAA") respond to these 

discovery requests within thirty (30) days of service of this request. 

DEFINITIONS AND INSTRUCTIONS 

A. The term "document" is synonymous in meaning and equal in scope to its use in Federal 

Rule of Civil Procedure 34(a). A draft or non-identical copy is a separate document within 

the meaning of this term. The term "document" shall include, without limitation, the original 

and any non-identical copy (whether different from the original because of handwritten 

notes, underlinings, or other markings on the copy, or otherwise), regardless of origin or 

location, of written, typed, printed, electronic (i.e. e-mail) or graphic matter, however 

produced or reproduced, and electrical or magnetic sound or video recordings, data storage 

medium (i.e., floppy disk, CD, etc. of any size), hard disk or computer magnetic tape, 

software, optical disk, fihn or photographic prints, microfiche or microfilm, and any other 

writings or recordings of every kind and description, including but not limited to papers, 

letters, correspondence, agreements, contracts, telegrams, notes, notations, brochures, 

pamphlets, memoranda, reports, articles, books, tables, charts, graphs, blueprints, drawings, 

lists, surveys, diaries, facsimiles, specimens, models, schedules, account ledgers, personnel 

records, spread sheets, telephone messages, audits, financial history, including iacome 

statements, financial statements ;and balance sheets, indices, and drafts, revisions, or 

amendments of any of the above, and generally, any kind of records which are now, or 

formerly were, in your possession, custody, or control, or which were known to you to exist, 

or which you can locate or discover by reasonably diligent efforts. 

B. The term "concern" or "concfamng" means identifying, evidencing, summarizing, 

conmienting upon, referring to, relating to, describing, digesting, reporting, listing, analyzing, 

studying, discussing, constituting or comprising. 

C. The term "you" or "yours" includes the FAA and any person or entity acting or purporting to 

act on its behalf 
D. The term "identify" as to persons, means to give, to the extent known, (i) the person's full 

name, (ii) present or last known address, (iii) present or last known telephone number, (iv) 

when referring to a natural person, (a) the present or last known place of employment, (b) the 

person's current title or position, and (c) his or her title or position during all times relevant 

to your response. 

E. The use of the singular form of any word includes the plural and vice versa. 

F. "And" as well as "or" shall be construed either conjunctively or disjunctively as necessary to 

bring within the scope of the requests any documents which might otherwise be construed to 

be outside their scope. 

G. If you withhold any document from disclosure pursuant to a claim of privilege and/or 

attorney work product, please (1) identify the author(s) and recipient(s) named in the 

document; (2) list the document's date, subject matter and nimiber of pages; (3) state the 

privilege claimed; and (4) describe your basis for asserting the privilege. 

H. If a document which would have been responsive has been destroyed, lost, or disposed of 

intentionally, please (1) describe the document; (2) set forth the circumstances of its 

destruction, loss or disposal; and (3) identify each person having knowledge concerning the 

contents of the document. 

I. These Document Requests and Interrogatories are continuing. Please promptiy supplement 

or amend your responses as required by 14 C.F.R. § 13.220(i). 

DOCUMENT REQUESTS 

1. A copy of any and all docvimerits identified in your responses to the accompanjdng 

Interrogatories. 

2. A copy of your entire file with respect to Investigation and Case No. 2008NM210020, 

including a complete copy of the Enforcement Investigative Report ("EER."), and a copy of 

all memoranda, notes, e-mail, bulletins, advisories or other writing of any kind or description 

prepared by any person employed by the FAA concerning this case. This may include, but is 

not limited to, any recommendation whenever made as well as any documents, notes, e-mail, 

memoranda, bulletins, advisories or other writing related to any review of this case. 

3. A copy of any and all documents tliat contain any type of report or information prepared by, 

conveyed to, or received by, any <jmployee of the FAA that touches upon or concerns the 

facts and circumstances surrounding the alleged violation, and the subsequent FAA 

investigation. 

4. A copy of any and all documents containing statements provided by FAA employees who 

have knowledge of the alleged violation and tihat relates to the alleged violation. 

5. A copy of any and all documents containing statements provided by any other person, not 

covered in Requests for Production Nos. 3 and 4, who has knowledge of the alleged violation 
and that relates to the alleged violation, including employees or agents of Frontier, the 

Aircraft manufacturer, and any othei- entity involved in this matter. 

6. A copy of all correspondence that FAA employees have received regarding this case as well 

as all related enforcement cases. 

7. A copy of all related civil penalty actions, guidance tables, or sanction information on which 

the FAA relied in arriving at the reconmiended civil penalty action in this case. 

IN1ERROGATORIES 

1. Please set fortb in detail the exact amount of the $350,000 proposed civil penalty associated 

with each alleged allegation set forth in subparagraphs II(l)(a) through II(l)(d) of your 

Amended Complaint. 

2. Please set forth in detail each fact that forms the basis for your allegation in: 

a. Paragraph 1(5) of your Amended Complaint, that: "Frontier's GMM, section 30.05 sets 

forth the brake wear limit for its aircraft and requires the removal of brakes when there is 

1/16 of an inch or less wear pin showing." 

b. Paragraph 1(8) of your Amended Complaint, that: "Frontier's CAMP prohibits the use of 

the MEL when the brake wear indicator is flush or recessed in the brake housing as was 

the case here." Please further specify the facts that form the basis for your conclusion 

that the brake wear indicator was flush or recessed. 

c. Paragraph 1(12) of your Amended Complaint, that: "The brake was overheating because 

it was not bled per the maintenance instructions specified in the maintenance maniial and 

tiie MEL "M" procedures." 

d. Paragraph 1(13) of your Amendiid Complaint, that: "Frontier Maintenance Control Center 

(MCC) called SLC contract maintenance and directed them to re-bleed the #2 brake 

assembly per MEL 32-42-01 A." 

e. Paragraph 1(14) of your Amended Complaint, that: "After the brake was re-bled. Frontier 

operated the N938FR for eleven (11) flights while in an unairworthy condition because 

the # 2 wheel brake was worn beyond limits and improperly deferred." Please further 

specify the facts that form the basis for your conclusion that the brake was unproperly 

deferred. 

f Paragraph 1(15) of your Amended Complaint, that: "Further, on October 31, 2008, 

Aviation Safety Inspectors, while performing surveillance discovered that tiie mechanic 

that performed the heavy check inspection back on October 28, 2008 had failed to 

comply with the MEL "M" procedure because he failed to properly secure the brake 

hose." 

g. Paragraph 1(16) of your Amended Complaint, that: "Frontier operated N938FR in 

violation of its operations speci:Bcations." 
3. Please identify each individual wititi personal knowledge of the alleged violation, including 

without limitation each employee or agent of the Federal government or any other person 

who assisted in the investigation of the matters set forth in the Amended Complaint. 

4. Identify the name, titie, address and business or home telephone number of each witness 

whose testimony the FAA intends to proffer, and provide a short statement of the substance 

of the testimony to be offered by each witness in his or her testimony. 

5. Please identify the dates and times that the individuals identified in Interrogatories Nos. 3 

and 4 will be available for a deposition by Frontier's counsel, Pillsbury Winthrop Shaw 

Pittman LLP, ui Denver, CO. 

6. With respect to each witness named in Interrogatory No. 4 who is an expert witness: (a) 

identify the topics about which the expert is expected to testify; (b) describe the substance of 

the facts and opinions to which the expert is expected to testify; (c) provide a summary of 

the basis for each opinion; and (d) provide a copy of any document describing the expert's 

professional qualifications, if the Complainant intends to introduce into evidence or 

otherwise rely on said document. 

7. To the extent the Complainant's responses to the above questions do not include it, provide 

statements of all individuals who either spoke to, or were interviewed by, the Complainant 

regarding this case. 

8. Identify and produce copies of any and all documents on which the Complainant anticipates 

relying, or will rely, ua furtherance of the case it will present in this case before the 

administrative law judge. This request includes, but is not limited to, documents that the 

Complainant intends to introduce into evidence. 

9. Identify with specificity the documents and/or witnesses' testimony that the FAA intends to 

proffer in support of, and set forth in detail each fact that forms the basis for, its allegation 

that Respondent Frontier violated 14 C.F.R. § 119.5(g). 

10. Identify with specificity the documents and/or witnesses' testimony that the FAA intends to 

proffer in support of, and set forth in detail each fact that forms the basis for, its allegation 

that Respondent Frontier violated 14 C.F.R. § 119.5(1). 

11. Identify with specificity the documents and/or witnesses' testimony that the FAA intends to 

proffer in support of, and set forth in detail each fact that forms the basis for, its allegation 

that Respondent Frontier violated 14 C.F.R. § 121.153(a)(2). 

12. Identify with specificity the documents and/or witnesses' testimony that the FAA intends to 

proffer in support of, and set forth in detail each fact that forms the basis for, its allegation 

that Respondent Frontier violated 14 C.F.R. § 121.628(a)(5). 
Respectfully submitted, 

Ker 

JeE 

PIDtSeURY WINTHROP 

SHAW PITTMAN LLP 

2300 N Street, N.W. 

Washington, D.C. 20037 

Tel: (202) 663-8000 

Fax: (202) 663-8007 

E-mail: kquinn@pillsburylaw.com 

jtrock@pillsburylaw.com 

Counsel for Frontier Airlines, Inc. 

Dated: January 6,2010 
CERTIFICATE OF SERVICE 

I, Timothy C. Gerheim, hereby certify tliat I have this, the 6* of January, 2010, caused a copy of 

the foregoing document to be served to the following persons via facsimile and U.S. First Class 

mail: 

Federal Aviation Administration 

Attention: HeariLng Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

800 Independence Avenue, SW 

Washington, DC 20591 

FAX: 202-493-5142 

(Original and one copy) 

Scott R. Morris, Attorney 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, WA 98057-3356 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin 

Adrndnistiative Law Judge 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

Room E12-320 

Washington, D.C. 20590 

FAX: 202-366-7536 

(hcJL 

Timothy C. Gerheun 

Pillsbury Winthrop Shaw Pittman LLP 

2300 N St. NW 

Washington, DC 20037