' I 

Direct Dial: 435.634.3530 

Direct Pax: 435.634.3505 

e-mail: temerson((i:;·skvwesLcom 

MAR l 5 20!6 

HEARING DOCKET 

March 14,2016 

VIA FEDERAL EXPRESS 

Federal Aviation Administration 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

600 Independence Avenue SW 

Washinf,>ion, DC 20591 

Re: Case No. 2015WP910079 

Dear Sir/Madam: 

The Final Notice of Proposed Civil Penalty in the above-referenced case was 

received in our office on March 10,2016. 

Pursuant to § 13.16 (e) (2) (ii) of Federal Air Regulations, Sky West Airlines hereby 

requests a hearing on this matter. 

Sincerely, 

We~· - Todd C. Emerson 

Director- Government and Legal Affairs 

TCE/jb 

cc: Jeffrey M. Harper 

444 South River Road St. George, Utah 84790 :· Phone 435.634.3000 www.skywest.com 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

MAR 1 0 2016 

Office of the Chief Counsel 

RECEiVED 

MAR I 0 2016 

SK'{V\!EST-LEGAL 

Enforcement Division 

Western Team 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

VIA FIRST-CLASS AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

MAR 0 4 2016 

Michael B. Thompson 

Chief Operating Officer 

Sky West Airlines, Inc. 

444 South River Road 

St. George, UT 84790 

RE: SkyWest Airlines, Inc., Case No. 2015WP910079 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

The Federal Aviation Administration (FAA) notified, through a Notice of Proposed Civil 

Penalty dated October 30,2015, that the FAA proposed to assess a civil penalty in the 

amount of$300,000 for SkyWestAirlines, Inc's alleged violation(s) of 14 C.F.R. §§ 120.105 

and 120.215(a). After considering all of the information presently part of this proceeding, 

including information provided by your counsel, Todd Emerson, during an informal 

conference held on January 26, 2016, it appears that: 

1. Sky West Airlines, Inc. (Sky West) is now, and was at all times relevant herein, the 

holder of Air Carrier Certificate No. SWIA011A, and conducts its operations pursuant 

to Part 121 ofthe Federal Aviation Regulations (FAR), 14 Code of Federal 

Regulations (C.P.R.) Chapter I. 

2. At all times relevant herein, Sky West held appropriate Operations Specifications 

(OpSpecs) certifying it would comply with the requirements of 14 C.F.R. Part 120 

and 49 C.P.R. Part 40 for its Antidrug and Alcohol Misuse Prevention Program. 

3. Selections were made from Sky West's Department of Transportation (DOT) random 

drug and alcohol testing pools on the following dates: 

a. January 16,2014; 

b. April23, 2014; 

c. July 29, 2014; 
Sky West Airlines, Inc.- FAA Case No. 2015WP910079 

Page 2 of 5 

d. October 14, 20 14; and 

e. January 9, 2015. 

4. The following Sky West employees were transferred to positions with Sky West 

involving the performance of safety-sensitive functions on the dates listed: 

Diego Aguayo October 3, 2014 Katherine Lewis March 5, 2014 

Shridath Balram September 23, 2014 Helena Lundblad August 30, 2014 

Christopher Bell April15, 2014 Vanessa Maxey April16, 2014 

David Botj er February 6, 2014 Rachael Nowicki April!!, 2014 

Gavin Cline October 3, 2014 Lee Palin June 28, 2014 

Shelby Cronos April16, 2014 Erika Petrenko April12, 2014 

Lauren Elliott April15, 2014 Marilyn Spiegelman January 15, 2014 

Emily Flores April14, 2014 Andrew Stapinski October 8, 2014 

Kiera George April 14, 2014 Linnette Stewart Aprill2, 2014 

Heidi Hannnacher April16, 2014 Rhiaunon Sutton April!!, 2014 

Mary Harris April13, 2014 Norma Thomas April16, 2014 

Robert Haynes October 7, 2014 Cecilia Toltecatl April12, 2014 

Sandra Hitchcock April15, 2014 James Velasquez April13, 2014 

Emily Hostetler April14, 2014 Todd Wick September 13, 2014 

Phoupaseath "Seth" October 1, 2014 Bee Yang September 30,2014 Keovangsak 

5. The following employees were not included in Sky West's DOT random drug and 

alcohol testing pools before the dates listed: 

Shridath Balram January 9, 2015 Helena Lundblad Jannary 9, 2015 

Christopher Bell October 14, 2014 Vanessa Maxey July 29, 2014 

Gavin Cline January 9, 2015 Rachael Nowicki July 29, 2014 

Shelby Cronos July 29,2014 Lee Palin October 14,2014 

Lauren Elliott July 29, 2014 Erika Petrenko July 29, 2014 

Emily Flores July 29,2014 Andrew Stapinski January 9, 2015 

Kiera George July 29, 2014 Linnette Stewart July 29, 2014 

Heidi Hammacher July 29,2014 Rhiam1on Sutton July 29, 2014 

Mary Harris July 29, 2014 Norma Thomas July 29,2014 
Sky West Airlines, Inc.- FAA Case No. 2015WP910079 

Page 3 of 5 

Robert Haynes January 9, 2015 

Sandra Hitchcock July 29,2014 

Emily Hostetler July 29,2014 

Phoupaseath "Seth" January 9, 2015 Keovangsak 

Cecilia Toltecatl July 29,2014 

James Velasquez July 29, 2014 

Todd Wick January 9, 2015 

6. The following Sky West employees were not included in SkyWest's DOT random 

drug and alcohol testing pools between the date of transfer listed in paragraph 4, and 

the date listed below on which the employee left Sky West's employ: 

David Botjer October 2, 2014 I Katherine Lewis July9, 2014 

7. As of January 9, 2015, the following employees had not yet been added to Sky West's 

8. 

9. 

DOT random drug and alcohol testing pools. 

Diego Aguayo 

Marilyn Spiegelman 

Bee Yang 

Vanessa Maxey left SkyWest's employ on September 9, 2014. 

The following employees performed safety-sensitive duties for SkyWest on the date 

shown: 

Shridath Balram October 26, 2014 Helena Lundblad September 15,2014 

Christopher Bell May 15, 2014 Vanessa Maxey Aprill8, 2014 

Gavin Cline October 29, 2014 Rachael Nowicki April12, 2014 

Shelby Cronos April17, 2014 Lee Palin July 8, 2014 

Lauren Elliott April16, 2014 Erika Petrenko April13, 2014 

Emily Flores April15, 2014 Andrew Stapinski November 10, 2014 

Kiera George April15, 2014 Linnette Stewart April13, 2014 

Heidi Hannnacher April17, 2014 Rhiannon Sutton April12, 2014 

Mary Harris April14, 2014 Norma Thomas April17, 2014 

Robert Haynes October 14, 2014 Cecilia Toltecatl April13, 2014 

Sandra Hitchcock April16, 2014 James Velasquez April14, 2014 

Emily Hostetler April15, 2014 Todd Wick October 21,2014 

Phoupaseath "Seth" November 4, 2014 Bee Yang November 22, 2014 Keovangsak 
Sky West Airlines, Inc.- FAA Case No. 2015WP910079 

Page 4 of 5 

By reason of the foregoing, it appears that SkyWest failed to comply with the following 

Federal Aviation Regulations: 

a. 14 C.P.R.§ 120.105, in that employees performing safety-sensitive functions were 

not subject to a drug testing program implemented in accordance with 14 C.F.R 

Part 120, Subpart E. 

b. 14 C.F.R. § 120.215(a), in that employees performing safety-sensitive functions were 

not subject to an alcohol testing program implemented in accordance with 14 C.P.R. 

Part 120, Subpart F. 

Pursuant to Title 49, United States Code, Sections 46301(a) and (d), as modified at 14 C.P.R. 

Part 13, Subpart H, Sky West is subject to a civil penalty not to exceed $27,500 for each of 

the violations noted. Under 49 U.S. C. §46301(a)(2), a separate violation occurs for each day 

the violation continues. After reviewing all of the information contained in our investigative 

file, we propose to assess a civil penalty in the amount of $300,000. 

Unless Sky West submits the proposed civil penalty or an otherwise agreed-upon amount 

within 15 days after receipt of this Final Notice; or mails or personally delivers, in writing, a 

request for a hearing in this matter within 15 days after receipt of this Final Notice, we will 

issue an Order Assessing Civil Penalty, and Sky West will have no further right to a hearing. 

If Sky West does not submit a written request for a hearing or pay an otherwise agreed-upon 

amount, it must pay the proposed civil penalty. Any request by Sky West for a hearing must 

be sent to the address of the Hearing Docket as follows: 

For delivery by hand or expedited courier: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2Wl 000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

2W1000 

For delivery by U.S. mail: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Bldg- Suite 

A copy of any request for a hearing must also be served on: 

Jeffrey M. Harper 

Attorney 

Enforcement Division, Western Team 

1601 Lind Avenue S.W. 

Renton, W A 98057 

Fax: 425-227-1007 

Email: Jeffrev.hamer@faa.gov 

The request for hearing must be dated and signed in accordance with 14 C.P.R.§ 13.16 

(enclosed). 
Sky West Airlines, Inc.- FAA Case No. 2015WP910079 

Page 5 of 5 

Alternatively, Sky West may pay the proposed civil penalty by submitting a certified check or 

money order payable to the Federal Aviation Administration, addressed to: 

Attention: Peggy Coulter 

Mike Momoney Aeronautical Center 

6500 South MacArthur Blvd. 

General Accounting, AMK-322 

Oklahoma City, OK 73169 

The check should reference the case number above (Case No. 2015WP910079). To pay the 

civil penalty with a major credit over the internet or by electronic funds transfer, follow the 

Electronic Payment Instructions (enclosed). 

If Sky West has any questions regarding this Final Notice, please contact FAA Attorney 

J. M. Harper at telephone number ( 425) 227-2161. 

Peter J. Lynch 

Assistant Chief Counsel for Enforcement 

By: 

'l ..... 

/1~ Jeffrey M. Harper 

Attorney 

1601 Lind Avenue S.W. 

Renton, W A 98057 

Email: Jeffrey.harperialfaa.gov 

Telephone: (425) 227-2007 (main) 

(425) 227-2161 (direct) 

(425) 227-1007 (fax) 

JMH/ds 

Enclosures: FAA Regulations 14 C.P.R.§ 13.16 and 14 C.P.R. part 13, subpart G 

Instructions for Electronic Payment 

cc: AAM-860 

Todd Emerson, Esq. 

Logan Phipps 

Sky West Airlines, Inc. 

444 South River Road 

St. George, UT 84 790