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BEFORE THE UNITED STATES ^'^^ ^' 0 ::••:; I'Cp^ i^lON 

DEPARTMENT OF TRANSPORTATION ' 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of 

FRONTIER AIRLINES, INC. 

Docket No. FAA-2009-1040 

FAA Case No. 200gNM210020 

FAA Docket No- CPO9NM0013 

Judge Richard C. Goodwin 

RESPONDENT'S INITIAL DISCOVERY REQUEST 

Pursuant to 14 C.F.R. § 13.220, Respondent Frontier Aiilincs, lac. ("Froatier" or 

"Respondent") by and tluough its counsel, Pill.sbury Winthrop Shaw PiUman LLP, hereby 

requests that the Complainant Federal Aviation Administration ("FAA") respond to these 

discovery requests within thirty (30) days of service of this request. 

DEFESmONS AND INSTRUCTIONS 

A. The temi "document" is synonymous in meaning and equal in scope to its use in Federal 

Rule of Civil Procedure 34(a). A draft or non-identical copy is a separate document within 

the meaning of this term, The term "document" shall include, without limitation^ the original 

and any non-idenlical Copy (whether different from the original because of handwritten 

notes, underliiiings, or other markings on the copy, or otherwise), regardless of origin or 

location, of written, typed, printed, electronic (i.e. e-mail) or graphic matter, however 

produced or reproduced, and electrical or magnetic sound or video recordings, data storage 

medium (i.e., floppy disk, CD, etc. of any siie), hard disk or computer magnetic tape, 

software, optical disk, film or photographic prints, microfiche or microfilm, and any other 

writings or recordings of every kind and description, including but not limited to papers, 

letters, correspondence, agreements, contracts, telegrams, notes, notations, bi'ochures, 

pamphlets, memoranda, reports, articles, books, tables, charts, graphs, blueprints, drawings, 

lists, stirvcys, diaries, facsiiTiiles, specimens, models, schedules, account ledgers, persdimel 

records, spread sheets, telephone messages, audits, financial history, including income 

statements, financial statements and balance sheets, indices, and drafts, revisions, or 

amendments of any of the above, and geneirally, any kind of records which are now, or 

foimerly were, in your possession, custody, or control, or which were known to you to exist, 

or which you can locate or discover by reasonably diligent efforts. 

B. The term "concern" or "concerning" means identifying, evidencing, summarizing, 

commenting upon, referring to, relating to, describiag, digesting, reporting, listing, analyzing, 

studying, discussing, constimting or comprising. 

C. The term "yo^" '^^ "yours" includes the FAA and any person or entity acting or purporting to 

act on its behalf 
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D. The term "identify" as to persons, means to give, to the extent known, (i) the person's full 

name, (ii) present or last known address, (iii) present or last known telephone number, (iv) 

when referring to a natural person, (a) the present or last known place of employment, (b) the 

person's current title or position, and (c) his or her title or position during all times relevant 

to your response. 

E. The use of the singular form of any word includes the plural and vice versa. 

F. "And" as well as "or" shall be construed either conjunctively or dii3jun.ctjvftly as necessary to 

bring within tlie scope of the requests any documents which miglit otlierwisc be construed to 

be outside their scope. 

G. If you withhold any document from disclosure pursuant to a claim of privilege and/or 

attorney work product, please (1) ideutjfy the author(s) and recipient(s) named in the 

document; (2) Ust the document's date, subject matter and number of pages; (3) state the 

privilege claimed; and (4) describe your basis for asseiting the privilege. 

H. Ii' a document which would have been responsive has been destroyed, lost, or disposed of 

intentionally, please (I) describe the document; (2) set fordi the circumstances of its 

destruction, loss or disposal; and (3) identify each person having knowledge concerning the 

contents of tlic document. 

I. These Document Request? and Interrogatories are continumg. Please promptly supplement 

or amend your responses as required by 14 C.F.R. § 13.220(i). 

DOCUMENT REOUESTS 

1. A copy of any and all documents identified in your responses to the accompanying 

Intcn-ogatories, 

2. A copy of your entire file with respect to Investigation and Case No. 2008NM210020, 

including a complete copy of the Enforcement Investigative Report ("EIR")> *»nd a copy of 

all memoranda, notes, e-mail, bulletins, advisories or other writing of any kind or description 

prepared by any pa-son employed by the FAA concerning this case. Tins may include, but is 

not limited to, any reconunendation whenever made as well as any documents, notes, e-mail, 

memoranda, bulletins, advisories or other writing related to any review of this case. 

3. A copy of any and all documents that contain any type of report or infonnation prepared by, 

conveyed to, or received by, any employee of the FAA that touches upon or concerns the 

facts and circumstances sunounding the alleged violation, and tlie subsequent FAA 

investigation. 

4. A copy of any and all documents containing statements provided by FAA emplo>'ees who 

have knowledge of the alleged violation and that relates to the alleged violation. 

5. A copy of any and all documents containing statements provided by any other person, not 

covered in Requests for Production Nos. 3 and 4, who has knowledge of the alleged Eolation 
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and that relates to the alleged violation, including employees or agents of Frontier, the 

Aircrall manufactui'er, and any other entity involved in this matter, 

6. A copy of all correspondence that FAA employees have received regarding this case as well 

as all related enforcement cases, 

7- A copy of all related civil penalty actions, guidance tables, or sanction information on which 

the FAA relied in arriving at the recommended civil penalty action in tliis case. 

INTERROQATORIES 

1. Please set forth in detail the exact amount of the $350,000 proposed civil penalty associated 

with each alleged allegation set fortii in subparagraphs 11(1 )(a) through 11(1 )(d) of your 

Amended Complaint. 

2, Please set forth in detail each fact that forms the basis for your allegation in: 

a. Paragraph 1(5) of your Amended Complaint, that: *Trontier's GMM, section 30.05 sets 

forth the brake wear limit for its aircraft and requires the removal of brakes when ttiere is 

1/16 of an inch or less wear pin showing." 

b. Paragraph 1(8) of your Amended Complaint, that: "Frontier's CAMP prohibits tiie use of 

the MEL when the brake wear indicator is flush or recessed in the bralce housing as was 

the case here." Please further specify tlie facts that fonn the basis for your conclusion 

that the brake wear indicator was flush or recessed. 

c. Paragraph 1(12) of your Amended Complaint, that: .'The brake was overheating because 

• it was not bled per the maintenance inshiictions specified in the maintenance manual and 

the MEL "M" procedures." 

d. Paragraph 1(13) of your Amended Complaint, that: "Frontier Maintenance Control Center 

(MCC) called SLC contract maintenance and directed them to re-bleed the #2 brake 

assembly per MEL 32-42-01 A." 

e. Paragraph 1(14) of your Amended Complaint, that: "After the brake was re-blcd, Frontier 

operated the N938FR for eleven (11) flights while in an unairworthy condition because 

the # 2 wheel brake was worn beyond limits and improperly deferred." Please further 

specify the facts that form the basis for your conclusion that the brake was improperly 

deferred. 

f Paragraph 1(15) of your Amended Complaint, that; "Further, on October 31, 2008, 

Aviation Safety Inspectors, while performing surveillance discovered diat the mechanic 

that performed the heavy check inspection back on October 28, 2008 had failed to 

comply with tlie MEL "M" procedure because he failed to properly secure the brake 

hose." 

g. Paragraph 1(16) of your Amended Complaint, that; "Frontier operated N938FR in 

violation of its operations specifications." 
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3. Please identify each individual with personal knowledge of the alleged violation, including 

without limitation each employee or agent of tiae Federal government or any other person 

who assisted in the investigation of the matters set forth in tlie Amended Complaint, 

4. Identify the name, title, address and btisiness or home telephone number of each witness 

whose testimony the FAA intends to proffer, and provide a short' statement of the substance 

of the testimony to be offered by each witness in his or her testimony, 

5. Please identify die dates and times that the individuals identified in Interrogatories Nos. 3 

and 4 will be available for a deposition by Frontier's counsel, Pillsbury Winthrop Shaw 

Pittman LLP, in Denver, CO. 

6. With respect to each witness named in Interrogatory No. 4 who is an expert wimess: (a) 

identify the topics about which (he expert is expected to testify; (b) describe the sub.'^tance of 

the facts and opinions to wMch the expert is expected to testify; (c) provide a summary of 

the basis for each opinion; and (d) provide a copy of ariy document describing the expert's 

professional qualifications, if the Complainant intends to introduce into evidence or 

otherwise rely on said document. 

7. To the extent the Complainant's responses to the above questions do not include it, provide 

statements of all. individuals who either spoke to, or were interviewed by, tlie Complainant 

regarding this case. 

8. Identify and produce copies of any and all documents on which the Complainant anticipates 

relying, or will rely, in fmtherance of the case it will present ui this case before- the 

administrative law judge. This request includes, but is not limited to, documents that the 

Complainant intends to introduce into evidence. 

9. Identify with specificity the doctiments and/or Mdtnesses' testimony that the FAA intends to 

proffer in support of, and set forth in detail each fact (hat forms the basis for, its allegation 

that Re.<!ponde.nt Frontier violated 14 C.F.R. § 119.5(g). 

10. Identify with specificity the documents and/or witnesses' testimony that the FAA intends to 

proffer in support of, and set forth in detail each fact that foims the basis for, its allegation 

that Respondent Frontier violated 14 C.F.R. § 119.5(1). 

11. Identify with specificity the documents and/or witnesses' testimony that the FAA intends to 

proffer in support of, and set forth in detail each fact that forms the basis for, its allegation 

that Respondent Frontier violated 14 C-F.R. § 121.153(a)(2). 

12. Identify with specificity the documents and/or wituesses' testimony that the FAA intends to 

proffer in support of, and set forth in detail each fact that forms the basis for, its allegation 

that Respondent Frontier violated 14 C.F.R. § 121.628(a)(5). 
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Respectfiilly submitted, 

Ke 

Jen 

PmtSBURY WINTHROP 

SHAW PriTMAN LLP 

2300 N Street, N.W. 

Washington, D.C, 20037 

Tel: (202) 663-8000 

Fax; (202) 663-8007 

E-maU: kquinn@pillsburylaw.coin 

jtrock@pillsburylaw.com 

Comisel for Frontier Airline.^, Inc. 

Dated: January 6, 2010 
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CERTIFICATE OF SERVICE 

L Timothy C. Gerheim, hereby certify that I have this, the 6^ of January, 2010, caused a copy of 

the foregoing document to be served to the following persons via facsimile and U.S. First Class 

mail: 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

WQhur Wright Building - Suite 2W1000 

800 Independence Avenue. SW 

Washington, DC 20591 

FAX: 202-493-5142 

(Original and one copy) 

Scotl R. Morris, Attorney 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S,W. 

Renton, WA 98057-3356 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

Room E12-320 

Washington, D.C. 20590 

FAX; 202-366-7536 

Timothy C. Gerheim 

Pillsbury Windirop Shaw Pittman LLP 

2300 N St. NW 

Washington, DC 20037