10/15/2014 08:05 4252271007 

Jeffrey M. Harper 

FAA Office of Regional Counsel 

1601 Lind Avenue, Southwest 

Renton, Washington 98057 

T (425) 227-2161 

F (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

ln the Matter of: 

Sky West Airlines, Inc. 

DMS No. FAA-2014-0322 

FAA. Case No. 20 12NM060030 

Honorable Richard C. Goodwin 

Motion in Limine 

The Agency moves the Court to rule on the admissibility ofSkyWest's Voluntary 

Disclosure Reporting Program submissions which are related to the violations alleged in 

this case. 

1. Statement of Facts 

Sky West Airlines operated flight 4743 from Sacramento International Airport to Los 

Angeles International Airport on December 4, 2011. Complaint'"' '1[ III.13; Answer 

'1[ III.l3. Eighteen days later, on December 21, 2011, Sky West disclosed apparent 

violations relating to that flight to the FAA. Exhibits 2"'" and 3.""' 

PAGE 02/14 

The Voluntary Disclosure Reporting Program (VDRP) provides that, under certain 

circumstances, an air carrier can receive immunity from legal enforcement of violations. 

Advisory Circular (AC) 00-58B.""' An investigation revealed the apparent violations were 

known to Sky West's Operations Control Center, and therefore Sky West, on the date it 

occurred, yet Sky West failed to self-disclose the violations to the FAA. for 18 days. 

Exhibit 4."' Thus, self-disclosure was rejected as not meeting the immediacy requirement 

of VDRP. AC 00-59B,"" Appendix 1, ~ 3 (timely basis is ordinarily considered to be 24 

hours); Exhibit 4."" 
10/15/2014 08:05 4252271007 ANM7 

2. Exhibits :L-3 are admissible evidence. 

The Agency, as the proponent of this motion, bears the burden of proof by a 

preponderance of reliable, probative, and substantial evidence. 14 C.F.R. §§ 13.223 

and 13.224(b)."" 

2.1. Exhibit 1-3 are authentic and relevant to this case. 

Relevant evidence is admissible unless a rule or statute provides otherwise. Fed. R. 

Evid. 402.= 

Exbibits l-3 are authenticated by the affidavit of Mr. Andrew Ayers found in Exhibit4. 

The exhibits concern Sky West Flight 4743 from Sacramento International. Airport to Los 

Angeles International Airport on December 4, 2014. Exhibits l-4."'" This flight is the 

subject of this case, thus, the exhibits are relevant evidence. Complaint"" mJ Hl.I3-16. 

More specifically, the documents are directly relevant to the question of Sky West's 

liability for the alleged violations. In Exhibit 3, Sky West's Vice President of Flight 

Operations states "A report of this incident was filed in the VDRP system when it was 

determined that [the violations alleged jp this case], in fact, occUll'ed." Exhibit 3."" 

Sky West's self-disclosure establishes that it knew of the violations on the day they 

occurred, December 4, 2011, but failed to report them until18 days later. Exhibit 2."" 

2.2. As statements made by SkyWest's agents or employees within the scope of their 

duties, Exhibits 1-3 are not hearsay when offered for admission by the 

Agency. 

PAGE 03/14 

Federal Rule of Evidence 801(d) provides that statements offered against an opposing 

party are not hearsay. Specifically, statements made by a person the opposing party has 

authorized to make a statement on the subject, or which are made by the opposing party's 

agent or employmePt on a matter within the scope ofthat agency or employment, are not 

hearsay. Fed R. Evid. 801(d)(2)(C) and (D)."" 

Exhibits 1 and 3 are signed by a Vice President of Sky West, on Sky West Airlines 

letterhead. They are addressed to and were received by Mr. Ayers, the Agency's Principal 

Operations Inspector for Sky West Airlines. Exhibit 4."" As a statement made by a 

member of Sky West's management in the course of Sky West's business, it is admissible 

against SkyWest under Rules 801(d)(C) and (D). 

Motion in Limine 

In the Metter of SkyWest Airlines, Inc. 

FAA Case No. 2012NMOB0030. OMS No. FAA-201-0322 

~age 2 of 6 

JO!ffrey M. Harper. FAA Attorney 

T (425) 227·2161 

F (425) 227·1007 
10/15/2014 08:05 4252271007 AN~\7 

Exhlbit 2 is a Voluntary Disclosure Reporting Program Submission made by Mr. Aaron 

Williams on behalf of Sky West, as explicitly authodzed by Sky West in Exhibit 1. Thus, 

it is also admissible against Sky West under Rules 801(d)(C) and (D). 

Since Exhibits 1-3 are all statements made by persons authorized by Sky West to make 

those statements, and were made by Sky West's employees or agents within the scope of 

their employment, they are not hearsay when offered by the Agency against SkyWestand 

are thus admissible. 

PAGE 04/14 

2.3. As SkyWest's self-disclosure did not meet the requirements of the VDRP, SkyWest 

is not entitled to the protections of that program or ~4 C.P.R. Part 193. 

Sky West asserts in its response to the Agency's discovery request that Exhibits 1-3, as an 

attempted disclosure under the VDRP, are protected from disclosure under 49 U.S.C. 

§ 40123 and 14 C.F.R. Part 193. Response to Complainant's Initial Discovery Request,"" 

DMS No. F AA-2014-0322-0007 at 2. 

Under 49 U.S.C. § 40123, voluntarily-provided safety-related information is protected 

from disclosure if the Administrator finds that disclosure of the infonnation would 

discourage people from coming forward with information that would aid the 

Administrator in fulfilling hls safety and security responsibilities, and withholding the 

information would be consistent with those responsibilities. 49 U.S, C. § 40123(a)."" 

Part 193 of 14 C.F.R. is the Administrator's implementation Section 40123, as authorized 

by 49 U.S. C.§ 40123(b). Information is protected from disclosure only when tl1e FAA 

issues an order designating the information as protected under Part 193. 14 C.F .R. 

§ l93.7(a)."" This immunity from disclosure is not absolute. Information may be disclosed 

under circumstances described in the FAA's order designating information as protected. 

14 C.F.R. § 193.9(b)."" 

FAA Order 8000.89 is the designation of information received under tl1e Voluutary 

Disclosure Program as protected from public disclosure. FAA Order 8000.89. Under that 

order, the FAA may disclose VDRP submissions when the submission is not accepted by 

the FAA. FAA Order 8000.89 ~ 5.b"" 1 and 6.e.2.'* 2 The FAA adopted this language 

1 "b. Voluntarily Provided Infonnation Protected from Disclosure Under This Designation. The 

content of all submissions by a regulated enti.cy that are accepted under the VDRP .... " [Emphasis 

added]. 

1 "The FAA also may disclose information conceming enforcement action tak~ for a regulatory 

violati.on initially identified in a VDRP submission, when that submission is not accepted by the FAA, 

or if accepted, it is later excluded by tl1e FAA, because of the regulated entlcy's failure to comply with 

the criteria ofthe VD.RP." 

Motion in Limine 

In tho Matter ofSk)'WestA\rllnes, \no. 

FAA Case No. 2D1.2NM060030, OMS No. FAA-201.-0322 

Page 3 of 6 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227-1007 
10/15/2014 08:05 4252271007 ANM7 

despite criticism suggesting its inclusion might have a "negative impact on encouraging 

voluntary disclosure." FAA Order 8000.89,"' Appendix 1, ~ 4. 

The VDRP program is established in Advisory Circular (A C) 00-58- Voluntary 

Disclosure Program. Under the VDRP, to be accepted as a voluntary disclosure, the 

certificate holder must notifY the FAA of the apparent violation immediately after 

detecting it. AC 00-58B"' ~ 7.b.l. FAA policy states that to be considered timely, a 

submission should ordinarily be made within 24 hours of the discovery of the apparent 

violation. AC 00-58B,"" Appendix 1, ~ 3 

PAGE 05/14 

This case involves violations taking place on De.cember 4, 2011. Complaint"'~ III.13; 

Answer=~ III.13. Sky West did not notify the FAA until December 22, 2011, despite the 

fact that the apparent violation was known to SkyWest's Operational Control Center (and 

tl1erefore the Sky West) on December 4, 2011-a nearly three week delay that is 

significantly greater than the 24 hours guideljne found in AC 00-SSB. AC 00-58B,""' 

Appendix I,~ 3; Exhibit 2,. at 1; Exhibit 4."" Thus, SkyWest's disclosure is not covered 

by ilie VDRP and may be disclosed. 

The question of the admissibility of information submitted by a Respondent intended for 

coverage under the VDRP has arisen before. In the Matter ojGoJet Airlines, LLC., FAA 

Order No. 2012-5,.., DMS No. FAA-2010-0025 (May 22, 2012), ajf'd sub nom. Go.!et 

Airlines, LLC v. FAA, 743 F.3d 1168"' (8th Cir. 2014); In the Matter of United Parcel 

Service, DMS No. FAA-2008-0384, Initial Decision (November 13, 2008). In each case, 

the VDRl? submission was admitted as evidence. 

In Go.Tet, GoJet disclosed that its mechanic had improperly performed maintenance on an 

aircraft on the day of the disclosure. GoJet, FAA Order No. 2012-5"'" at 8. l11e disclosure 

was initially accepted as a VDRP submission, but that acceptance was rescinded when 

GoJet failed to implement a "comprehensive fix," a requirement for a disclosure to be 

covered under th.e VDRP. !<Fat 8-10. At the hearing, GoJet's disclosure was admitted as 

evidence. GoJet, DMS No. FAA-2010-0025, Transcript of Bearing=> at 36:5-40:14; 

Administrator's Exhibits,"" Exhibit A-5 (GoJet's self-disclosure). 

Likewise, United Parcel Service (UPS) also involved a voluntarily disclosure which was 

initial accepted, but later rejected due to UPS's failure to comply with the terms ofilie 

program. UPS, Initial Decision"' at 4-7. UPS's disclosrn:e was admitted as evidence, just 

as in GoJet, despite UPS's objections that the disclosure was privileged. UPS, Transcript 

of Hearing at 12:4-13:4=> and 139:5-141 :12;"' Exhibits,"'" Exhibit A-1 (UPS's selfdisclosure). 

Motion in Limine 

In the Matter of SkYWest Airlines, Inc. 

FAA Case No. 2012NM060030, DMS No, FAA·201·0322 

Page 4 of 6 

Jeffrey M. Harper. FAA Attnrney 

T (425) 227·2161 

F (425) 22H007 
10/15/2014 08:05 4252271007 ANM7 

In this case, SkyWest's self-disclosure was never accepted. Because it was not accepted, 

Sky West's self"disclosure is not entitled to the benefits of the VDRP program, including 

the restrictions on the public disclosure ofSkyWest's submissions-just as with the 

disclosures made by GoJet and UPS. Th.e documents comprising SkyWest's selfdisclosure in this case are relevant, authentic, and are not in any way privi.leged as a result 

of the VDRP program. They are admissible and should be admitted. 

3. Exhibits 

1. Letter dated August 3, 20!1, from Klcn Brooks, SkyWest Vice President, Flight 

Operations; to Andrew Ayers, FAA Principal Operations Inspector for Sky West 

Airlines. 

2. SkyWest VDRP Submission Number 9145 SMF. 

3. Letter dated December 2 J, 20 ll ftom. Klen Brooks, Sky West Vice President, Fligbt 

Operations; to Andrew Ayers, FAA Principal Operations Inspector for SkyW est 

Airlines. 

4. Declaration of Andrew Ayers. 

4. Conclusion 

The Agency asks the Court to admit the enclosed Exhibits 1-3 as evidence. They are 

authentic, relevant to the case, and are not entitled to any privilege arising tmder the 

VDRP as they do not qualify for inclusion in. that prograrn.ln the alternative, the Agency 

asks the Court to rule that the admissibility of Exhibits 1-3 is not prohibited by their 

status as an attempted VDRP disclosure. 

Respectfully submitted this 16" day of October, 2014. 

Digitally slgnod by JEFFREY M 

HARPER 

r1.2~::;:·.~---···· .. "' .. ...._ DN: c=US, o=U.5, Government, 

ov=ANM, ou=ANM, cn=J~FFR~Y 

M HARPER 

.T. M. Harper 

FAA Attorney 

Motion in Umin~ 

Date: ~014.1 0.15 14-:0:1::17 ·07'00' 

In the Matter of SkyWest Airlines, Inc. 

FAA Case No. 2012NM060030, DMS No. FAA·201·0322 

Page 5 of 6 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227-1007 

PAGE 05/14 
10/15/2014 08:05 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Motion in Limine has been served via email and 

Certified Mail- retum, receipt requested, this date, to the following: 

Todd Emerson, Esq. 

Sky West Airlines 

444 South River Road 

St George, UT 84790 

T (435) 634-3530 

F (435) 634-3505 

temerson@skywest.com 

The Honorable Richard C. Goodwin 

Office ofHeadngs, M-20 

1200 New Jersey Avenue Southeast 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

T (202) 366-2139 

F (202) 366-7536 

dchard.goodwin@dot.gov 

I hereby certify that the foregoing Motion in Limine has been served via Certified. Mail -

return receipt requested, this date, to the following: 

Attn: Hearing Docket Clerk, AGC430 

Wilbur Wright Building- Suite 2Wl 000 

Federal Aviation Administration 

800 Independence Avenue Southwest 

Washington, DC 20591 

F (202) 493-5142 

Dated this 16th day of October, 2014. 

!5',tC1Cl:/·~fa}3 Jb {!Jffi)(_ , 

ana Stephenson · · -

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

(425) 227-2164 

PAGE 07/14 

Motion in Llmlne 

fn the Matter of SkyWest Airlines, Inc. 

FM case No. 2012NM060030, DMS No. FM-201-0322 

Page 6 of 6 

Jeffr8!y M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227-1007 
10/15/2014 08:05 4252271007 

August 3, 2011 

Mr. Andrew Ayers 

4-N 5. Nh·t.'r Rd. 

St. Gt/l::n;_~(' VT ,~'190 

.J35 f;}.!-:{.;1.{);) 

SkyWest Certificate Management Office 

l02D North Flyer Way 

Salt Lake City UT 84116·2959 

Dear Mr. Ayers: 

ANM7 

'": 

'': .--· .... ,, 

PAGE 08/14 

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~ela\0<1 Com!oponde•ca Ti'ocl<lng J: 

lam requesting access to the Welrbased VDRP system for Aaron Williams, Manager CS Compllance 

and Standards. Aaron will be assisting Maggi Aiken, Director CS Training, with investigating and 

completing any required voluntary disclosure reJ!orts involving customer service personnel. A~ Aaron is 

currently a non 119.65/1 J 9.69 air carrier employee, I would like to authorize him to accomplish initial 

notification and subsequent reporting requirements for Customer Service through the Web-based VDRP 

system. 

Sincerely, 

~~tit~ KlenBrooks 

Vice President, Flight Operations 

Exhibit i 
10/15/2014 08:05 4252271007 ANM7 PAGE 09/14 

VDRP- SclfDiecloam~ Det~ils 

Federal Aviation 

Administri'ltion 

.Self Olsclosure 

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WARNING: iht!! lnform:.:"ltion in this Document Is Protectii!d from Di9clasur~ und~r 49 lJ.S.C., § 401.23 and 14 CFR part 193 

':. Notmcatioti 10 Notification Title 

19145 

~ SMF 

ElR Numbli!r 

NIA 

EIR Statu!31 

INVALID 

Current Stage 

Invalid Improperly Ooourn~nted Csrry-On Baggega -

~Initial Notification .i.~.::...:.:.:_:_:._:...=.;__:..__~-----------~---------1 

~ Submltt.t:~c:l By 

~Aaron Wiliams 

Submittet foutld in 

WEBOPSS 119 list? 

No 

D~s.igllator NamE! 

SWIA SkyWest Airlines, Inc:.. Latge euslM$S Concern 

~Was. Alleged Violation Discovert~d as tfle R.esult of an Aviation Saf~ty Action Program (ASAP) R:eport Yes 

~Was Alleged Violation Discovered During Air Carrier Program (AC:IiiiP) E:v~h.iMion No 

! O!d Non.Compliance Cease ~fter Oqt0c:tlon Yes 

~ ls 1=-v.~;~h.J~tion Underway to Determin~ SystGunh;: Problem Yes 

~: Will Wr[tten Report be Submitted in 10 Wori<Jr~g tla;f$ Ye!il 

-·-·---··---------------- ~~ SubmittedDat9 

~ 12/22/2011 

NQtlflcatlonMode NotrfieatlonO:!I.W, Time OateOiscovered 

12121r2011 M:45 1.2/4/201113:56 

jlnformation of the Person Preparing Comprehensive fi)<: 

~Name 

:: Contact Information 

' 

Aaron Williams 

aaron. will Ia ms.@skY""'e!i:t.com; 

801.258.40511@ 

Deseriptlon of Alleged VIolation 

The designat.;,d loading agent assigned to this particular ftight recorded cargo and baggage information on 

a separate sheet of paper and transferred the information onto a SkyWest Cargo Load Report (CLR). 

Upon transferring the information, the agent failed to record 31 pieces of carry-on luggage. The 

discrepancy was discovered when a second agent was reviewing the CLR aft.;,r the aircraft had departed. 

~Description of h'l'ltnediate Aetion 

Upon discovery of the error, the ramp ~:;upetvisor on duty notified Sk:yWest Operations Control Cenlor (OCC} of the weight dl~crepency. 

SkyWest OCC notlfi~d the mght deck crew cf the discrepaney via ~~~ctronlc ma~s~ge after takeoff. lhe mght deck crew made the neoessary j 

aclju::;tments and continued on to KLAX. : 

Tha agent re.spon.slb\0 for the error W.lil!i! issued disciplinary action end retrained Qn SkyWast aircraft loading procedures and CLR 

completion. 

g ContnHmts 

). Initial Report Response Stage Files 

;~ SMFVDRP12_21~2011 .pelt 

Exhibit 2 

ht.l:pl;;flnv-into fu~ govNDRPISDViewOtil~ ~spx[9()512Gl4 10;51:541\M] 
10/15/2014 08:05 4252271007 ANM7 PAGE 10/14 

VDRP. s~rfl)iscloall~ D~t.nils 

~, aaronwilliams..):ldf 

bnitial Notification Response 

~Is Valid SO? Submlttodflliltt0r lnvest~;Dtion lnspoetor Name Submitk!d By Submitted Odte 

from 119 Offlcfal? CommC}neo O~ll~ 

No Yes 1'212712011 Andtgw Ayers ,2127/2011 

I- E:xph;mation for lnvalfd or delayed SO 

:;. 

Initial Notification and other evidence indicate the violation took place on 12/04/2011 and was known to bolh station 

personnel at SM F and SkyWest Operations Control Center on that date. Notification should have been provided to 

responsible parties on or near that ~ate. lniitial Notification was provided to the Pl via the VDRP web-based system 

19 days after the event. SkyWest needs to provide continued education to employee groups on possible 

ramifications of identified areas of non-complaince so notification can be provided In a timely manner. 

:: Se-n;ior Offici:! Manag~r(SOM) Nama 

' 

~ S~nior Office Manager(SOM) CommMts. ;: 

~ --------------------------------------------------~ 

U.s, DeJ)i:Jrlr'flent of'Tren&P<>~t,:ltron 

F~CI~rt!!l Aviation Administration 

600 Independence Avenue, SW 

Washington, OC 20S91 

1-866-TCLL-FAA<@• (1-665-835-532:\r, 

) 

Readers & Viewers 

_,,,: i;il) ;J '!! .. : I']J 

Web Policies \11-!~ f'<:>IIC.If.~ &, N~tiCF.S 

l"rlvl'lt·y t>cJky 

hctps://av-lnf() frm gov/VDR:PJ!::OVlewOnly ll.<lp)I:[9/1S/20l4 10:51:54 AMJ 

Government Sites l:IOMM 

USA.~cv 

f'l~lnl~n~u>~gGl.'!~l' 

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Re!.lut~l'.i.:.'lll!..~~v 

O~t'i:!.IICV 

Cont~ct Us C.ort\';lr.ttJ~ 

l"0lt1 
10/15/2014 08:05 4252271007 

December 21 , 2011 

Mr. Andrew Ayers 

444 S. .W1•e~· Rd. 

8t, Gem·ge UT 84790 

435 634-3400 

Sky West Ccrtifi.cate Management Office 

1020 North flyer Way 

Salt Lake City UT 84!16-2959 

RE: Voluntary Self-disclosure 

Dear Mr. Ayers: 

ANM7 PAGE 11/14 

On 12/5/2011, Ahport Terminal Services (ATS) personnel in Sacramento International Airport (Slv!F) 

failed to document 39 pieces of carry-on baggage on the Cargo Load Report (CLR) for flight 4743, bound 

for Los Angeles International Airport (LAX). 

Sky West Manager CS Compliance and Standards, Aaron Wil!Jam.s, learned of this on 12121/2011 and 

immediately initiated an investigation with both Sky West Airlines and A TS. A report of this incide!!t was 

filed in the VDRP system when it was determined that this situation, in fact, occurred. 

The initial notification of the voluntary self-disclosure was non 119/65/119.69 air carrier employee 

authorized to accomplish initial notification 'hrough the web-based VDRP system. The initial web site 

notification was accomplished on 11114/2011. 

Sky West provides this letter signed by an 119.65/11,9.67 management offi.ciat, indicating: 

• Corporate official was made aware of the disclosure on 12/2112011. 

• Company took immediate action to cease the violation on 12/21/2011. 

• Company is working on a comprehensive .fix to prevent recurrence ofthe problem. 

Sincerely, 

KlenBrooks 

Vice President, Flight Operations 

SkyWest Airlines 

Exhibit 3 
10/15/2014 08:05 4252271007 ANM7 

In the Matter of: 

UNITED STATES OF AMERICA 

DEPARTMENT OFTRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

DMS No. FAA-2014-0322 

FAA Case No. 2012NM060030 

Sky West Airlines, Inc.· 

Honorable Richard C. Goodwin 

DECLARATION OF 

ANDREW AYERS 

I, Andrew Ayers, pursuant to Section 1746 of Title 28, United States Code, hereby 

declare, under penalty of perjury, that the following statements are true and correct to the 

best of my knowledge and belie£: 

1. My name is Andrew Ayers. I am employed by the Federal Aviation 

Administration (FAA) as an Aviation Safety Inspector (AS!). 

2. I am presently assigned to the Sky West Certificate Management Office, 

1020 North Flyer Way (2200 West), Salt Lake City, Utah. 

3. Since May 2011, my duties have been those of the Principal Operations Inspector 

(POl) on the SkyWest Airlines air carrier certificate. 

4. FAA Advisory Circular (AC) 00-588 contains guidance and procedures 

implementing the Voluntary Disclosure Reporting Program (VDRP), a means by 

which air carriers can self..ctisclosure any apparent violations of the Federal. 

Aviation Regulations, and, if the circumstances meet the requirements of the 

program, have those violaiions addressed via administrative means rather than 

legal enforcement. 

5. Under the VDRP program, initial notification of an apparent disclosure by an air 

carrier must be made by one of the ai.r carrier's man.agement official specified in 

Part 119 of the Federal Aviation Regulations. 

6. In the alternative, an ai.r carrier can authorize other employees to make an initial 

notification, so long as the notification includes a Jetter from a management 

official that stipulates to certain facts. 

PAGE 12/14 

Exhibit 4 
10/15/2014 08:05 4252271007 ANM7 

7. Exhibit 1 is an accurate copy of a letter addressed to me that I received in August 

2011 from Mr. Klen Brooks, the Vice President for flight Operations at SkyWest 

Airlines. In my day-to-day job I frequently receive letters from Mr. Brooks, and 

recognize his signature. 

8. The purpose of the letter was to authorize Mr. Aaron Williams to make voluntary 

disclosure reports under the Voluntary Disclosure Reporting Program (VDRP) 

using the web-based VDRP system on behalf of Sky West Airlines. 

9. Access to the web-based VDRP system requires assignment of a login 

identification and password. 

l 0. As a result of receiving Exhibit 1, personnel in my office created an account for 

the web-based VDRP system for Mr. Williams. 

11. The web-based VDRP system is routinely used by and relied upon by my office in 

processing voluntary disclosure made by SkyWest Airlines under the VDRP. 

12. A VDRP submission is created in the web-based VDRP system by a man.agement 

official from the reporting air carrier or an authori:;:ed employee of the air carrier. 

13. The web-based VDRP stores submitted information, which can later be recalled 

and printed out. 

l4. Exhibit 2 is a print out of data contained within the web-based VDRt' system for a 

voluntary disclosure of an apparent violation made by Sky West on 

December 21,2011. 

15. I logged onto the web-based VDRP using my account on December 27, 2011 and 

recalled the information relating to Sky West's December 21, 2011 disclosure. 

16. In reviewing their disclosure, I saw that the alleged violation was discovered and 

known to SkyWest's personnel on December 4, 2011, the date of the flight, but 

the self-disclosure was not submitted to the FAA until nearly three weeks later, on 

December 21,201 l. 

l 7. To be accepted for inclusion in the VDRP, a self-disclosure must be made 

immediately after it has been detected. AC 00-58B states that FAA policy is that 

"initial notification should be accomplished on a timely basis, ordinarily within 24 

hours of the discovery of the apparent violation." 

Declaration of Andrew Ayers 

In the Matter of SkyWest Airlines, Inc. 

DMS No. FAA·201·0322; FAA Case No. :1012NM060030 

Flage 2 of 3 

PAGE 13/14 
10/15/2014 08:05 4252271007 ANM7 

18. Because the reported was not submitted immediately, as required by the VDRP, I 

determined that SkyWest's disclost1re was not covered by the VDRP progr~.m, and 

made entries it1 the wcb-bMed VDRP program to that effect. 

!9. Ex.hibit 3 is an accurate c.opy of a letter addressed to me that I received as'"' 

al!achmem to Exhibit 2 (Sky West's VDRP submission) as 

''SMFVDRP 12_21_20 ll.pdf." It is the lettenequired by the VDRP program for 

initial notifications made by non-management ofAcial.s described in paragraph 9. 

Executed this 1Oth day of October, 2014. 

Declaration of Andrew Ay~rs 

ln the Matter of SkyWest A!rlinos, Jnc. 

Plincipal 0. t~tions lnspcct.;rr 

Sky West Airlines Certificate Management Office 

Federal Aviation Administra.tion 

OMS No. FAA·201 .. QJ22' FAA Cose No. 20l.'INM060030 

Page 3 <Jf 3 

PAGE 14/14 
10/15/2014 08:05 4252271007 ANM7 

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FEDERAL AVIATION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND AVENUE S.W. 

RENTON, WASIDNGTON 98057 

PAGE 01/14 

TI1e information contained in this facsimile message is legally privileged and confide11tial 

information and is intended only for the use of the individual nawed on this cover sheet. 

If the reader of this message is not the intended recipient, you are hereby notified that any 

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have received this facsimile in en-or, please immediately notify us by telephone at 

425-227-2007. . 

DATE: 

TO: 

FAX NO.: 

PRONE NO.: 

RE: 

October 16, 2014 

Docket Clerk AGC-430 

202~493-5142 

SkyWest Airlines, Inc. 

DMSNo. 

FAA-2014-0322 

FAA Case No. 

2012NM060030 

Motion In Limine 

NO. PAGES: 

FROM: 

FAX NO.: 

PHONE NO.: 

EMAIL: 

14 including cover 

Jeffrey M. Harper 

425-227-1007 

425-227-2161 

JEFFREY.HARPER@F AA.GOV