## SERVED: NOVEMBER2,2012

US DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC IN THE MATTER OF 

### SKYWEST AIRLINES FAA DOCKET No. 

## ['ro BE ASSIGNED] (Civil Penalty Action) FDMS No. FAA-2011-0485 

### IN THE MATTER OF 

### SKYWEST AIRLINES FAA DOCKET No. [TO BE ASSIGNED] (Civil Penalty Action) FDMSNo. FAA-2011-0486 

## !Z 

## .. 2

### 2

IN THE MATTER OF 

### SKYWEST AIRLINES FAADOCKETNo. CP11SWOOOO (Civil Penalty Action) FDMS No. FAA-2011-0680 and -0779 

### ORDER SEALING CERTAIN EXHIBITS AND TRANSCRIPT PORTION At the hearing held on October 2, 2012, I sealed certain exhibits sponsored by Respondent SkyWest Airlines ("Respondent") as well as a portion ofthe transcript. This Order confirms thatruling. The exhibits identified and admitted as Exhibits R.;7, R-8, R-10, and R-11, and the sealed portion ofthe transcript, which is set out in a separate volume stamped "Transcript Under Seal,'' are hereby SEALED and are withheld from public disclosure. The information containedtherein is hereby protectedpursuantto my powers under 14 C.F.R §13.226. 1 I find thatthe exhibits and the sealedtranscript volume contain sensitive financial, proprietary and/or commercial information, the withholding ofwhich from public disclosure would not be in the public interest and is not otherwise required to be made available to the public. §13.226(b) and (c). WHEREFORE, IT BE AND IS HEREBY ORDERED AS FOLLOWS: 1. The exhibits designated as R-7, R-8, R-10, and R-11, and the transcript volume of October 2, 2012 which is stamped "Transcript Under Seal" be and are hereby SEALED until further order; 2. The described exhibits and transcript may only be accessed by counsel for the parties; the immediate staffofthe undersigned;2 immediate staffofagency counsel; and immediate staffofthe respondent's counsel; 3. Counsel will use the information contained in the**sea~ed** exhibits and transcript only for the purpose ofparticipating inthis proceeding; 4. Counsel will disclose such information only to office staffand witnesses inthis proceeding who have filed a confidentiality affidavit withthe Court;

1 §13.226(a) authorizes an administrative lawjudge to ;'order that any information contained in the record be withheld from public disclosure." · 2 They are: Ira Leibowitz, attorney-advisor; and Patricia Matthews, legal assistant.

### 3 5. The named exhibits and transcript volume are sealed by the Court and may be unsealed only by order ofthe undersigned U.S. Administrative Law Judge, theAdministrator of the Federal Aviation Administration: and/or his/her designee, or ajudge ofaFederal court; 6. Violators ofthis Order may be subject to sanctions and/or civil and/or criminal penalties as set forth in applicable law; and 7. The docket clerkshall substitute for the exhibits and for the transcript stamped "Transcript Under Seal"

### a sheet for each indicating that each have been sealed; further, each shall be marked "Confidential- Not for PublicDisclosure."

# ~od~GroL~ Attachment

- Service List Administrative LawJudge

### 4



### SERVICE LIST ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430
.. Wilbur Wright Building-Suite 2W1000 1 

### ONE COPY Todd C. Emerson, 

### Respondent'sRepresentative Director

- Government and Legal Affairs SkyWest Airlines 444 South River Road St. George, UT 84790 TEL: 435-634-3530 FAX: 435-634-3505 Michael L. Dworkin,

### Respondent's Counsel 465 California Street, Suite 210 SanFrancisco, CA 94104 TEL:
.415-421-02500 FAX: 415-421-2560 Jeffrey M. Harper, 

### Complainant's Counsel
· Attorney, Office oftheRegional Counsel

NorthwestMountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, WA98057 TEL: 425-227-2161 FAX: 425-227-1007 · FDMS Nos. FAA-2011-0485 & 

### FAA-2011-0486, 0779, 0680 (Civil Penalty Action)

1 Service was by U.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.\

i- 

### 5
The.Honorable Richard C. Goodwin, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation · 1200 New Jersey Avenue, S.E. (Ell-310)

Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536