US DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

SKYWEST AIRLINES, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-2011-0485 

IN THE MATTER OF 

SKYWEST AIRLINES, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

· (Civil Penalty Action) 

FDMS No. FAA-2011-0486 
2 

IN THE MATTER OF 

SKYWEST AIRLINES, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS FAA-2011-0779 

ORDER GRANTING MOTION TO TAKE JUDICIAL NOTICE 

On September 20, .2012, the Federal Aviation Administration ("Complainant") 

filed a Motion to Take Judicial Notice ("Motion"). The Motion encompasses the 

agency's published Penalty Guidelines, FAA Order 2150.3B, specifically Chapter 7 

(entitled "Sanction Guidance Policies") and Appendix B, pages B-1 to B-3 and B-12. 

The Motion also asks that Judicial Notice be taken of the FAA Weight & Balance 

Handbook, FAA-H-8038-1A, specifically Chapter 1,.pages 1-4; and the agency's. 

Advisory Circular 120-27E, pages ii, 1, and 5, and Appendix 1, page 1. Respondent 

SkyWest Airlines, Inc. ("Respondent") has not filed an answer to date. 

The court may take Judicial Notice of a fact which is not subject to 

reasonable dispute in that it is either (1) generally known within the territorial 

jurisdiction of the trial court or (2) capable of accurate and ready determination by 

resort to sources whose accuracy cannot reasonably be questioned. 1 

The matters for which Complainant seeks Judicial Notice are federal 

regulations and published guidelines and interpretations of a federal agency. These 

matters are capable of accurate and ready determination by resort to sources 

whose accuracy cannot reasonably be questioned. They also are matters within the 

public domain. 

· WHEREFORE, Complainant's Motion having been read and considered, it is 

hereby ORDERED that Judicial Notice be and is hereby taken ofthe following: 

1. The agency's published Penalty Guidelines, FAA Order 2150.3B, Chapter 

7; 

2. The agency's's published Penalty Guidelines, FAA Order 2150.3B, 

Appendix B, page B-1 to B-3 and B-12; . 

3. FAA Weight & Balance Handbook, FAA-H-8038-1A, Chapter 1, pages 1-4; 

and 

1 Federal Rules of Evidence, Rule 201 (28 U.S.C.). 
3 

4. Advisory Circular 12-27E, pages ii, 1, and 5, .and Appendix 1, page 1. 

SO ORDERED. 

~ ' -

/AcfwJJ (',~ Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

SERVICE LIST 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC.,.430 

Wilbur Wright Building-Suite 2W1 0001 

ONE COPY 

Todd C. Emerson, Respondent's Representative 

Director - Government and Legal Affairs 

SkyWest Airlines · 

444 South River Road 

St. George, UT 84 790 

TEL: 435-634-3530 

FAJ(: 435-634-3505 

Michael L. Dworkin, Respondent's Counsel 

465 California Street, Suite 210 

San Francisco, CA 941 04 

TEL: 415-421-0250· 

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, W A 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 2W1000, Washlngton, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 
The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

. Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant 

FAX: 202-366-7536