10/24/2014 09:33 4252271007 ANM7 PAGE 02/10 

U.s. Deportrnent 

of Transportation 

Federal Aviation 

Administration 

Northwest Mountain Region 

Office of Regional Counsel 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W 

Renton, Washington 98057 

Tel: (425) 227-1417 

October 24, 2014 

Fax: (425) 227-1007 

robert spitzer@laa. gov 

VIA FACSIMJLE AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Attn: Hearing Docket Clerk, AGC-430 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg -- Room 2Wl 000) 

800 Independence Avenue S.W. 

Washington, D.C. 20591 

Re: In the Matter of Sky West Ai�lines, FAA Case No. 2012NM060029 

Enclosed is an original and one copy of a request for hearing and Complaint in the abovereferenced proceeding. 

The Federal Aviation. Administration (FAA) requests that the hearing in this matter be held in 

Seattle, Washington, and expects that the hearing wil last one (1) day. 

For scheduling purposes, FAA attorney, Robert Spitzer will be unavailable December 1 through 

December 31, 20!4. 

Please address all communications for the FAA to the undersigned at: 

Sincerely, 

Robert Spitzer 

FAAAttomey 

RS/tek 

Federal Aviation Administration 

Northwest Mountain Region, M""M-7. 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Telephone: (425) 227-1847 

FAX: (425) 227"1007 

Enclosures: Request for Hearing (Appeal) 

Complaint 
10/24/2014 09:33 4252271007 

ROBERT SPITZER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LJND AVE., SW 

RENTON, WASHJNGTON98057 

TELEPHONE: (425) 227-1417 

FACSJMJLE: (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Sky West Airlines, Inc. FAA Case No. 2012NM060029 

Judge Not Assigned 

COMPLAIN! 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

PAGE 03/10 

pursuant to Ru1e 208 of the Rules of Practice (14 Code of Federal Regulations (C.P.R.) Section 

13.208), and states as follows: 

I. 

On October l, 2014, SkyWest Airlines, Inc., was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $210,000_ 

On October 13, 2014, SkyWest Airlines, Inc., through its legal counsel, submitted a written 

request for a hearing. 

II. 

1. SkyWest Airlines (SkyWest), ls now, and was at all times material herein, the holder of 

Air Carrier Certificate No. SWIAOllA, and conducts its operations pursuant to 

Part 121 of the Federal Aviation Regulations (FAR). 

COMPl.AJNT 

FAA v, SkyWest Ail: line,, Inc. 

FAA Case No. 2012NM060029 

Page2 of8 

Ro�•�r SnrZER, F AAArroR>IEY 

TEL: (425) 227-1417; !'AX: (4:1.5) 227-1007 
10/24/2014 09:33 4252271007 ANM7 PAGE 04/10 

2. Paragraph D085 ofSkyWest's Operations Specifications (OpSpecs) authorizes 

SkyWest to use N967SW, a Bombardier CL-600-2Bl9 civil aircraft, in the conduct of 

SkyWest's Part 121 operations. 

3, Paragraph D072 of SkyWest's OpSpecs requires SkyWest to maintain its aircraft 

under a Continuous Airworthiness Maintenance Program (CAMP). 

4. Paragraph D072 of SkyWest's OpSpecs incorporates the SkyWest General 

Maintenance Manual (GMM) into SkyW est's CAMP. 

5_ Paragraph D095 of SkyWest' s OpSpecs authorizes it to use an approved Minimum 

Equipment List (MEL) for its CL-600-2B 19 aircraft. 

6_ At all times relevant herein, Chapter 1, Section 2, Paragraph 1.5.6 ofthe GMM 

incorporated SkyWest Standard Operating Procedures (SOP) into SkyWest's CAMP. 

7. At all times relevant herein, Chapter 1, Section 2, Paragraph I ,5.10. L9 ofth.e Gl'vi:M 

incorporated Original Equipment Manufacturer Fault Isolation Manuals (FIMs) into 

SkyWest' s CAMP. 

8. At all times relevant herein, Chapter 2, Section 22, Paragraph 12 of the GM

 

incorporated SkyWest SOP 2001- Mechanical Interruptions into SkyWest's CAMP. 

9. At al

 times relevant herein, SkyWest SOP 2001, Paragraph 10. 1.1.4. 1 required 

maintenance personnel to "isolate the system or component that failed by 

troubleshooting with approved data." 

10. At al

 times relevant herein, the Bombardier CL-600-2819 FIM contained approved 

data for troubleshooting Sky West's CL-600-2B 19 aircraft. 

11. The Bombardier CL-600-2B 19 FIM, Section 24-10-00, Page 1 02, contains procedures 

for isolating a GEN2 caution message fault 

12. Step one of the procedure in Section 24-10-00, Page 102 is "Do a visual inspection of 

the IDG oil-system level (AM TASK 24-12-00-210-802)." 

13. At all timesrelevant herein, SkyWest SOP 2001, Paragraph 10.1.1.6 required 

maintenance control to "use [the information collected under SOP 2001, 

Paragraph IO.l.l.4.1] to answer the questions in the 'Course of Action Flow Chart' 

[SOP 2001, Figure 1]." 

14. On December 7, 201 1, the crew ofN967SW, operating at SkyWest Flight 6408 

departing Mahlon Sweet Field Airport (EUG), Eugene, Oregon, received caution 

messages for the #2 )DG and #2 GEN. 

COMPLAINT 

FM v, SkyWest Airlines, Inc. 

FAA Cnse No, 20!2NM060029 

Page3 of8 

ROBEitr St-tn�ER, FMATTO»iEY 

TEL: (425) 227-14l7; FAX: (425) 227-1007 
10/24/2014 09:33 4252271007 ANM7 PAGE 05/10 

15. N967SW went into em.ergency power mode, and the Air Driven Generator (ADG) 

deployed. 

16. Flight 6408 returned to EUG, where the crew entered the following in the aircraft 

maintenance log for N967SW as a discrepancy: 

"ON DEPARTING RECEIVED IDG2 & GEN2 CX MSG'S 

SIMULTANEOUSLY AS APU PWRJ:PWR SN WAS DEPRESSED. 

AIC IMDIATELY WENT TO 'EMR PWR ONLY' MODE AND 

ADG WAS DEPLOYED. SPEED@ DEPLOYMENT WAS 

APPROX 180KIAS @1800' SPEED NEVER EXCEEDED 210 

KIAS. ALD NEVER EXCEEDED 6000'." 

17_ The corrective action for the discrepancy described in paragraph 16 was listed as: 

"C!W Inspection of ADG IAW CRJ-200 AM Task 05-51-19-210-

801, c/w retraction of ADG DRY lAW CRG-200 AMI\1 Task24-23-

01-840-805, no defect noted." 

18. The "IDG2 & GEN2 CX MSG" discrepancy was not troubleshot using the FIM. 

19. SkyWest failed to determine the cause of the ADG deployment and take appropriate 

corrective action. 

20. On December 8, 2011, maintenance personnel entered "#2 IDG Caution MSG" as a 

discrepancy in. the aircraft maintenance log for N967SW as a discrepancy. 

21. The corrective action recorded in the maintenance log for the discrepancy described in 

paragraph 20 was "Defuni.ed [sic] #2 IDG per MEL 24-11-lb mx action c/w. RTS 

issued byMLS on m/cRTS #535347 Transfured [sl.c] to DMILog." 

22. MEL 24-11-1b states "one [IDG] may be inoperative." 

23. The deployment of the ADG indicated both IDGs had been inoperative_ 

24. Deferral of the "#2 IDG Caution MSG" discrepancy was improper using MEL 

24-!l-1b. 

25, On December 8, 20 II, the # 1 and #2 JDGs on N967SW were serviced with oil, the 

appropriate corrective action required by the Bombardier CL-600-2Bl9 FIM, Section 

24-10-00, Page 102 and AMNJ: TASK 24-12-00-210-802, correcting the caution 

message discrepancies and the cause of the ADG deployment. 

COMPLAINT 

FAA v. Sky West Airlines, Jnc. 

FAA Coso No. 2012NM060029 

Page 4 of8 

RoBERT SriTUR, FAA ATToRNEY 

TEL: (425) 227-141 7; !'AX: (425) 227-!007 
10/24/2014 09:33 4252271007 ANM7 PAGE 05/10 

26. Between December 7, 2011, when the initial discrepancy was entered in the log and 

completion of proper corrective action on December 8, 2011, Sky West operated 

N967 SW on eight passenger-carrying flights. 

II 

I. By reason of the foregoing facts and circumstances, SkyW est violated the following 

sections of the Federal Aviation Regulations (14 C.FK): 

a. Section 119.5(g), in that, as a direct air carrier, SkyWest operated in violation of an 

appropriate operations specification. 

b. Section 119.5(1), in that SkyWest operated aircraft under Part 121 in violation of its 

operations specifications. 

c. Section 121.153(a)(2), in that SkyWest operated an aircraft which was not in an 

airworthy condition or did not meet the applicable airworthiness requirements. 

d. Section 121.605, in that SkyWest dispatched or released an aircraft which was not 

airworthy. 

e. Section l21.628(a)(5), in that SkyWest took off an airplane 'With inoperable 

instruments or equipment when the aircraft was not operated under all applicable 

conditions and limitations contained in the Minimum Equipment List and the 

operations specifications authorizing use of the Minimum Equipment List. 

f. Section 12L709(b)(l), in that SkyWest operated an aircraft after maintenance with an 

airworthiness release or log entry that had not been prepared in accordance with the 

procedures set forth in SkyWest's manual. 

2. In accordance with Sections 4630l(a) and (d) ofTitle 49 of the United States Code 

(U.S. C.) (Transportation) [49 U.S.C. Sections 4630!(a) and (d)], SkyWest is liable for a civil 

penalty not to exceed $27,500 for each of the violations noted. 

COMPLAINT 

FAA v. SkyWest Airlines, Inc. 

FAA Cas< No. 2012NM060029 

Page 5 of8 

RoBERTSPITtt�<,FMAnoRNEY 

TEL: (425) 227-141.7; FAX: (425) 217-1007 
10/24/2014 09:33 4252271007 ANM7 PAGE 07/10 

3. Under the fa.cts and circumstances of this ca.se, a civil penalty of $210,000 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law 

Judge enter an order that SkyWest be assessed a civil penalty in the amount of$210,000. 

Respectfully submitted this 24th day of October 2014. 

Robert Spitzer 

FAA Attorney 

COMPLAINT 

FAA v. Sky West Airline$, Inc, 

FAA Case No. 2012NM060029 

Page 6 of 8 

RoBERT SPITZER, F AAATTO�NilY 

TEL: (425) 2nl417; FAX: (425) 2;>;7-1007 
10/24/2014 09:33 4252271007 ANM7 PAGE 08/10 

ANSWER 

In accordance with Section 13.209 of the Federal Aviation Regulations, SkyWest, must answer 

this Complaint not later than thirty (30) days from the time it is served on it. Failure to file an 

Answer within thirty (30) days without good cause shall be deemed an admission of the truth of 

each allegation contained in the Complaint [14.C.F.R. § 13.209(t)]. 

COMPLAINT 

FAA v. Sky West Airlines, Jnc. 

FAA Case No. 2012NM060029 

l?oge 7 of 8 

Ro"'"" SPITZER, FAA AITORNEY 

TEL: (425) 227-1417; FAX: (425) :l:Z7-l007 
10/24/2014 09:33 4252271007 ANM7 PAGE 09/10 

CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complaint has been served via facsimile and certifted mail -

Return Receipt Requested this date, to the following: 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite ZWI 000 

Fax: (ZOZ) 493-5142 

Todd Emerson, Esq. 

SkyWest Airlines, Inc. 

444 South River Road 

St. George, UT 84790 

TEL: (435) 634-3530 

FAX: (435) 634-3505 

Dated this 24th day of October, 20 14. 

/ 

/ 

Terrijtirk 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

COMPLAJNT 

F M v, SkyW•st Airlines, Inc. 

FAA Case No. 2012NJ:,:!060029 

Page 8 ofS 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

RoBtU SPITZER, F MATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
10/24/2014 09:33 4252271007 

Direct Dial: 435.634.3530 

Directfax: 435.634.3505 

c�rnail: �ernon@skywest corn 

ANM7 

October 13, 2014 

VIA FEDERAL EXPRESS 

Federal Aviation Administration 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbw: Wright Building- Suite 2Wl 000 

800 Independence Avenue SW 

Washington, DC 20591 

Re: Case No. 2012NM060029 

Dear Sir!Madam: 

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

received in our office on October 6, 2014. 

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

requests a hearing on this matter. 

Todd C. Emerson 

Director- Government and Legal Afairs 

TCE/jb 

cc: Robert Spitzer 

44 South River Road ;/ St. Geor�e. Utah 84790 11 Phone 435.634.3000 11 www,kywest.<om 

PAGE 10/10 
10/24/2014 09:33 4252271007 ANM7 

FACSIMILE MESSAGE 

FEDERAL AVIATION ADMINJSTRA TION 

OJIFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LJND A VENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/10 

The information contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use ofthe individual named on this cover sheet_ 

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

use, dissemination, distribution, or copy of this facsimile is strictly prohibited, If you 

have received this facsimile in error, please immediately notify us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

October 24, 2014 

DOT 

(202) 493-5142 

RE: SkyWest Airlines, Inc. 

2012NM060029 

COMPLAINT 

NO. PAGES: 

FROM: 

FAX NO.: 

PHONE NO.: 

EMAIL: 

10 including cover 

Robert Spitzer 

(425) 227-1007 

(425) 227-1417 

robert.spitzer(ci.lfaa.gov