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: SkyWestAirlines, Inc. DMSNo. FAA-2014-0322 FAA. Case No. 20 12NM060030 Honorable Richard C. Goodwin


### Motion in Limine The Agency moves the Courtto rule onthe 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, SkyWest 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 ofviolations. Advisory Circular (AC) 00-58B.""' 

### An investigation revealedthe apparent violations were knownto SkyWest's Operations Control Center, and therefore SkyWest, onthe date it occurred, yet SkyWest 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 ofVDRP. 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 ofthis motion, bears the burden ofproofby a preponderance ofreliable, 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 authenticatedbythe affidavit of

### Mr. Andrew Ayers found in Exhibit4. The exhibits concern SkyWestFlight 4743 from Sacramento International. Airport to Los Angeles International Airport on December4, 2014. Exhibits l-4."'" This flight is the subject ofthis case, thus, the exhibits are relevant evidence. Complaint"" 

## mJ Hl.I3-16. More specifically, the documents are directlyrelevantto the question ofSkyWest's liability for thealleged violations. In Exhibit 3, SkyWest's Vice President ofFlight Operations states "Areport ofthis incident was filed inthe VDRP system when 

### itwas determined that [the violations alleged jp this case], in fact, occUll'ed." Exhibit 3."" SkyWest's self-disclosure establishes that it knew ofthe violations on the day they occurred, December 4, 2011, but failed to report them until18 days later. Exhibit 2."" 

### 2.2. As 

### statements made bySkyWest's 

### agents oremployees 

### within the scope 

### oftheir duties, Exhibits 1-3 are nothearsay when offered for admission 

### by the Agency. PAGE 03/14

Federal Rule ofEvidence 801(d) provides that statements offered against an opposing party are not hearsay. Specifically, statements made by a personthe opposing party has authorized to make a statement onthe subject, or which are made bythe opposing party's agent or employmePt on a matterwithinthe scope ofthatagency or employment, are not hearsay. Fed R. Evid. 801(d)(2)(C) and 

### (D)."" Exhibits 1 and 3 are signed by a Vice President ofSky West, on SkyWest Airlines letterhead. They are addressedto and were received by Mr. Ayers, the Agency's Principal Operations Inspector for SkyWest Airlines. Exhibit 4."" As a statementmade by a member ofSky West's managementin the course ofSky West's business, it is admissible against SkyWestunder 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) 227·100710/15/2014 08:05 4252271007

**AN~\7**

Exhlbit 2 is a Voluntary Disclosure Reporting Program Submission made by Mr. Aaron Williams onbehalfofSkyWest, as explicitly authodzed by SkyWest in Exhibit 1. Thus, 

### it is also admissible against SkyWest under Rules 801(d)(C) and (D). Since Exhibits 1-3 are all statements made by persons authorized by SkyWestto make those statements, and were made by SkyWest's employees or agents within the scope of their employment, they are not hearsaywhen offered bythe Agency against SkyWestand are thus admissible. PAGE 04/14

2.3. As SkyWest's 

### self-disclosure did not meet the requirements ofthe VDRP, SkyWest 

### is not entitled to the protections ofthat program or

**~4** C.P.R. Part 193. SkyWest asserts in its response to the Agency's discovery request that Exhibits 1-3, as an attempted disclosure underthe 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. FAA-2014-0322-0007 at 2. Under 49 U.S.C. 

### §40123, voluntarily-provided safety-related information isprotected from disclosure 

### ifthe Administrator finds that disclosure ofthe infonnation would discourage people from coming forward withinformationthat would aid the Administrator in fulfilling hls safety and security responsibilities, and withholding the information wouldbeconsistentwith 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 designatingthe information as protected under Part 193. 14 C.F.R. 

### § l93.7(a)."" This immunity from disclosure is not absolute. Informationmay bedisclosed 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 ofinformation received under tl1e Voluutary Disclosure Program asprotected from public disclosure. FAA Order 8000.89. Underthat order, the FAAmay 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 ofall submissions by a regulated enti.cy thatare 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 ifaccepted, it is later excluded by tl1e FAA, because ofthe 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) 227-100710/15/2014 08:05 4252271007 ANM7

despite criticism suggesting its inclusionmight have a "negative impact on encouraging voluntary disclosure." FAA Order 8000.89,"' Appendix 1,

**~** 4. TheVDRP program is established in Advisory Circular (A 

### C) 00-58- Voluntary Disclosure Program. Under theVDRP, to be accepted as a voluntary disclosure, the certificate holder must notifY the FAA ofthe 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 ofthe discovery ofthe apparent violation. AC 00-58B,"" Appendix 1,

**~** 3 PAGE 05/14

This case involves violations taking place onDe.cember 4, 2011.

**Complaint"'~** III.13;

**Answer=~** III.13. SkyWest didnot notify the FAA until December 22, 2011, despite the fact that the apparent violationwas knownto SkyWest's Operational Control Center (and tl1erefore the SkyWest) onDecember4, 2011-a nearly three week delay that is significantly greater than the 24hours 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 byilie VDRP and may be disclosed. The question ofthe admissibility ofinformation submitted by a Respondentintended for coverage under the VDRP has arisen before. 

### In the Matter ojGoJetAirlines, LLC., FAA OrderNo. 2012-5,.., DMS No. FAA-2010-0025 (May 22, 2012), 

### ajf'dsub nom. Go.!et Airlines, LLCv. FAA, 743 F.3d 1168"' (8th Cir. 2014); 

### In the Matter ofUnitedParcel Service, DMS No. FAA-2008-0384, Initial Decision (November 13, 2008). Ineach case, the VDRl? submission

### was admitted as evidence. In

### Go.Tet, GoJet disclosed that its mechanic had improperly performedmaintenance on an aircraft onthe day ofthe disclosure. 

### GoJet, FAA OrderNo. 2012-5"'" at 8. l11e disclosure was initially accepted as a VDRP submission, butthat 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. Atthe hearing, GoJet's disclosure was admittedas evidence. 

### GoJet, DMS No. FAA-2010-0025, Transcript ofBearing=> at 36:5-40:14; Administrator's Exhibits,"" Exhibit A-5 (GoJet's self-disclosure). Likewise, 

### UnitedParcelService (UPS) also involved a voluntarily disclosure which was initial accepted, but laterrejected due to UPS's failure to comply withthe terms ofilie program. 

### UPS, Initial Decision"' at4-7. UPS's disclosrn:e was admitted as evidence,just as in 

### GoJet, despite UPS's objections that the disclosure was privileged. 

### UPS, Transcript ofHearing 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) 22H00710/15/2014 08:05 4252271007 ANM7



### In this case, SkyWest's self-disclosure was never accepted. Because itwas not accepted, SkyWest's self"disclosure is not entitled to the benefits ofthe 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 aresult ofthe 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 2J, 20ll 

### ftom. Klen Brooks, 

### SkyWest Vice President, Fligbt 

### Operations; to Andrew Ayers, FAA Principal Operations Inspector for SkyWest Airlines. 4. 

### Declaration ofAndrew 

### Ayers. 

### 4. Conclusion The Agency asks the Courtto 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 ofExhibits 1-3 is not prohibited by their status as 

### an attempted VDRP disclosure. Respectfully submitted this 16" 

### day ofOctober, 2014. Digitally slgnod by JEFFREY M HARPER



### r1.2~::;:·.~---····

### .."'

......_ DN: c=US, o=U.5, Government, ov=ANM, ou=ANM,

**cn=J~FFR~Y** MHARPER .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 05/1410/15/2014 08:05 4252271007 ANM7



### CERTIFICATE OF SERVICE I hereby certify that the foregoingMotion in Liminehas been served via email and Certified Mail- retum, receipt requested, this date, to the following: ToddEmerson, Esq. SkyWestAirlines 

### 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 NewJersey Avenue Southeast EastBuilding 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 foregoingMotion in Liminehas been served via Certified. Mail

- return receipt requested, this date, to the following: Attn: Hearing Docket Clerk, AGC430 Wilbur Wright Building- Suite 2Wl000 Federal Aviation Administration 800 IndependenceAvenue Southwest Washington, DC 20591 

### F (202) 493-5142 Dated this 16th day ofOctober, 2014.

# !5',tC1Cl:/·~fa}3Jb{!Jffi)(_ , ana Stephenson · · - Office ofRegional Counsel (ANM-7) Federal AviationAdministration 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) 227-100710/15/2014 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.{);)

SkyWestCertificateManagement Office l02D North Flyer Way SaltLake City UT 84116·2959
Dear Mr. Ayers: ANM7

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.... ,, PAGE 08/14

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**Y~ll** :Fotwa<t!IO! @}'I 

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**~ela\0<1** Com!oponde•caTi'ocl<lng J:

lam requesting access to the Welrbased VDRP system for Aaron Williams, ManagerCS Compllance and Standards. Aaron will be assisting Maggi Aiken, Director CS Training, with investigating and completing any required voluntary disclosure reJ!orts involving customerservicepersonnel.

**A~** Aaron is currently 

### a non 119.65/1 J9.69 air carrieremployee, 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 i10/15/2014 08:05 4252271007 ANM7 PAGE 09/14

VDRP-**SclfDiecloam~ Det~ils** 

Federal Aviation Administri'ltion

.Self Olsclosure**Vir~w** sr,) Uct •**s~:nl"~;t,** • 5f:'.l!rdJ Camp. f'h:t-;r. REtpOrts**Sti~rldfl.NI i<:•~port$** **~'M':CI.fl.'lo.,>\ .!** **~~~)port,s ~r,II\1!>/QtJIP.:~rlt:\d** **R~.~I.>Q<t1.1**

Oi'i'I:C'I r..1.t.>l.!<".t Rl'lpt1t't Admltdt;tl'fttlon • Upd:')tll!**Ptofll~** • Cl1mr1g0 r.'l)"I).!:WQ;'(f Hel-p**G~'mrtrt11 ~!'.'lip**  •**~o<!>!tltlbd~** • RL'!lCMI.!**N..:.t~!l Docuk'n~nt!.** 

Vt':rnP LbN 'Gllh:1<!!**Il~ti'O<')Ucttl()\,** (i;l.lldi!> • IIPRr.> f'A.Qs**~** ANM206'TB t Solf OiSC:IOSI.II'e**D~t:lil!t** II!**FO~** OFFIGIA.L USE ONLY HI Home View/Print Logout Help 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

Notification Title ':. Notmcatioti 10 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 ofthe Person Preparing Comprehensive fi)<:**~Name** :: Contact Information 

### ' Aaron Williams aaron.willIams.@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 cfthe discrepaney via**~~~ctronlc ma~s~ge**  aftertakeoff. 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.
gContnHmts

). 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 ofnon-complaince so notification can be provided In a timely manner.

:: Se-n;ior Offici:!

**Manag~r(SOM)** Nama 

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

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**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

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**O~t'i:!.IICV Cont~ct**  Us

**C.ort\';lr.ttJ~** l"0lt110/15/2014 08:05 4252271007

December 21 , 2011 Mr. Andrew Ayers 444S.

**.W1•e~·** Rd. 8t, Gem·ge UT 84790 435 634-3400

SkyWest Ccrtifi.cate Management Office 1020 Northflyer Way Salt Lake City UT 84!16-2959 RE: Voluntary Self-disclosure DearMr. 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 ofcarry-on baggage onthe Cargo Load Report (CLR) for flight 4743, bound for Los Angeles International Airport (LAX). SkyWest Manager CS Compliance and Standards, Aaron Wil!Jam.s, learned of this on 12121/2011 and immediately initiated an investigation with both SkyWestAirlines and ATS. A report ofthis incide!!t was filed in the VDRP system when it was determined thatthis 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. SkyWest provides this letter signed by an 119.65/11,9.67 management offi.ciat, indicating:

• Corporate official was made aware ofthe 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 oftheproblem. Sincerely,

KlenBrooks Vice President, Flight Operations SkyWest Airlines


### Exhibit 310/15/2014 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 SkyWest Airlines, Inc.· Honorable Richard C. Goodwin


### DECLARATION OF ANDREW AYERS I, Andrew Ayers, pursuant to Section 1746 

### ofTitle 28, United States Code, hereby declare, under penalty ofperjury, that the following statements are true and correct to the best ofmy 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 SkyWest 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), ameans by which air carriers can self..ctisclosure any apparent violations 

### ofthe Federal. Aviation Regulations, and, ifthe circumstances meet the requirements ofthe 

### program, have those violaiions addressed via administrative means rather than legal enforcement. 5. 

### Under the VDRP 

### program, initial notification ofan apparent disclosure by an air carrier must be made by one ofthe ai.r carrier's man.agement official specified 

### in Part 119 ofthe 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 amanagement official that stipulates 

### to certain 

### facts. PAGE 12/14



## Exhibit 410/15/2014 08:05 4252271007 ANM7



### 7. Exhibit 1is an accurate copy ofa letter addressed to methat Ireceived in August 2011 

### from Mr. Klen Brooks, the Vice President for flight Operations at SkyWest Airlines. In 

### my day-to-dayjob I frequently receive letters from Mr. 

### Brooks, and recognize his signature. 8. The purpose ofthe 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 behalfofSky West Airlines. 9. 

### Access to the web-based VDRP system requires assignment ofa login identification and password. l0. As a result ofreceiving 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 SkyWestAirlines under the VDRP. 12. A VDRP submission is created in the web-based VDRP system by aman.agement official from the reporting air carrier or an authori:;:ed employee ofthe air carrier. 13. The web-based VDRP stores submitted information, which can laterbe recalled and printed out. l4. Exhibit 2 is aprint out ofdata contained within the web-based VDRt' system for a voluntary disclosure ofan apparent violation made by SkyWest 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 SkyWest'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 ofthe flight, but the self-disclosure was not submitted to the FAA until nearly three weeks later, on December 21,201

### l. l7. 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 timelybasis, ordinarily within 24 hours ofthe discovery ofthe apparent violation."

Declaration of Andrew Ayers In the Matter of SkyWest Airlines, Inc. DMS No. FAA·201·0322; FAA Case No. :1012NM060030 Flage 2 of3 PAGE 13/1410/15/2014 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 ofa letter addressed to me that I received as'"' al!achmem to Exhibit 2 (SkyWest's VDRP submission) as ''SMFVDRP 12_21_20ll.pdf." It is the lettenequired bythe VDRP program for initial notifications made 

### by non-management ofAcial.s described in paragraph 9. Executed this 1Oth day ofOctober, 2014.

Declaration ofAndrew

**Ay~rs** ln the Matter of SkyWest A!rlinos, Jnc. Plincipal 0.

**t~tions** lnspcct.;rr SkyWest Airlines Certificate Management Office Federal Aviation Administra.tion

OMS No. FAA·201

..QJ22' FAA Cose No. 20l.'INM060030 Page 3 <Jf 3 PAGE 14/1410/15/2014 08:05 4252271007 ANM7



### FACSIMILE MESSAGE FEDERAL AVIATION ADMINISTRATION OFFICE OF REGIONAL COUNSEL ANM-7 1601 LIND AVENUE S.W. RENTON, WASIDNGTON 98057 PAGE 01/14

TI1e information contained inthis facsimile message is legally privileged and confide11tial information and is intended only for the use ofthe individual nawed on this cover sheet. Ifthe reader ofthis message is not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copy ofthis facsimile is strictly prohibited. Ifyou have received this facsimile in en-or, please immediately notify us bytelephone 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@FAA.GOV