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 

FAA DOCKET No. CP11 SWOOOO 

(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 of the transcript. This Order 

confirms that ruling. 

The exhibits identified and admitted as Exhibits R.;7, R-8, R-10, and R-11, and the sealed 

portion of the transcript, which is set out in a separate volume stamped "Transcript Under Seal,'' 

are hereby SEALED and are withheld from public disclosure. The information contained therein 

is hereby protected pursuant to my powers under 14 C.F.R §13.226. 1 I find that the exhibits and 

the sealed transcript volume contain sensitive financial, proprietary and/or commercial 

information, the withholding of which 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 staff of the undersigned;2 immediate staff of agency counsel; and immediate 

staff of the respondent's counsel; 

3. Counsel will use the information contained in the sea~ed exhibits and transcript only for 

the purpose of participating in this proceeding; 

4. Counsel will disclose such information only to office staff and witnesses in this 

proceeding who have filed a confidentiality affidavit with the Court; 

1 § 13 .226( a) authorizes an administrative law judge 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 of the undersigned U.S. Administrative Law Judge, the Administrator of 

the Federal Aviation Administration: and/or his/her designee, or a judge ofa Federal 

court; 

6. Violators of this Order may be subject to sanctions and/or civil and/or criminal penalties 

as set forth in applicable law; and 

7. The docket clerk shall 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 Public Disclosure." 

~od~GroL~ Attachment - Service List 

Administrative Law Judge 
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's Representative 

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 

San Francisco, CA 94104 

TEL: . 415-421-02500 

FAX: 415-421-2560 

Jeffrey M. Harper, Complainant's Counsel 

· Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

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 in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 
\ 

i- 5 

The. Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

· 1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant 

FAX: 202-366-7536