n/23/20 n 10:58 FAX 2024335142 FAA 

DEP'i'5 

- DMS I 00 lyo^ 2 

JEFFREY M. HARPER 

FAA OFFICE OF RF.GIONYM. COUNSEL 

1601 LIMD AVENUE SOUTHWEST 

RENTON, WASHINGTON 98057 

TELEPHONE: (425)227-2161 

FACSIMILE: (425) 227-1007 

^RTMBNJTOF 

•HAMSPORWiON 

•OCKET OPERATIONS 

^\ ;a 33 A ii: uq "^IN G DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter oi': 

Slcj'West Airlines, Inc. 

FAA DOCKliT Not Assigned 

FAA Case No. 2011NM060033 

DMS No. FAA-20n-0680 

Judge Richard C. Goodwin 

To: Slc>'West Airlines, Inc. 

COMPLAINANT'S FIRST RESPONSE TO RESPONDENT'S FIRST REQUEST FOR 

PRODUCTION OF DOCUMENTS AND OTHER DISCOVERY 

Pursuant to 14 C.F.R. § 13.220, and consistent with Fed.R.Civ.Pro. 26, 33, 34, and 36, 

the Administrator (Complainant) responds to Respondent's First Request for Production of 

Documents and Other Discovery. Complainant is aware of and understands the continuing nature 

of his discovery obligation. This discovery will be supplemented as necessary. Where an 

objection is noted, but a substantive response is provided, the substantive response is provided 

v^thout waiving the objection. 

Requests for Production 

Rf-QIJEST FOR PRODUCTION NO. 1.1: Complainant's case file bearing Case No. 

20I1NM060033 in its entirety, including, but not limited to, items of proof exhibits, 

correspondence, memoranda, and all other documents contained therein. 

Complaint's 1ST Response to Respondent's In Request for 

Production of Documents and Oiher Discovery 

In the Maner of Sky West Airlines. Inc. 

DMS No. FAA-201 i -0680; KA.'V Case No. 201 IN.MO6O033 

Pasc 1 of 12 

. JfffREYM. R'\KPER, F.\A ATTORNEY 

TEL: (425) 227-2161; ?AX: (-125) 227-1007 
11/23/201 1 10:58 FAX 2024935142 FAA QMS @|002/012 

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RESPONSE: Object, to the extent that the case file contains material protected by the 

attorney work-product and attorney-client privileges. The non-privileged portions of the file were 

previously pro\ided on May 17, 2011, pursuant to Respondent's request of May 11, 2011. 

REQUEST FOR PRODUCTION NO. 1.2: All documents pertaining to the allegations set 

forth in the Final Notice of Proposed Ci\il Penalty Case No. 2011N]VI060033, which serves as 

the Complaint in this matter. 

RESPONSE: See response to Request For Production (RFP) No. 1.1. Additionally, FAA 

Order 2150.3B and Advisory Circular 120-27E also pertain to the allegations; those documents 

are available to ihe public at http://www.faa.gov. 

REQUEST FOR PRODUCTION NO. 1.3: All documents which Complainant intends to 

utilize as exhibits at the hearing in this matter. 

RESPONSE: See response to RFP 1.2. A detailed exhibit list will be provided prior to 

trial. 

REQUEST FOR PRODUCTION NO. 1.4: All statements and documents pertaining to or 

concerning statements made to Complainant by SKYWEST. 

RESPONSE: Object, to the extent that the request encompasses attorney notes protected 

by the attorney work-product or attorney-client privileges. Object, overbroad. To the extent the 

Request encompasses statements made regarding the allegations in this case, Complainant is 

unaware of any statements made other than those previously provided (See RFP 1.1) or made by 

Respondent's counsel during negotiations. 

REQUEST FOR PRODUCTION NO. 1.5: /\J1 statements and documents pertaining to or 

concerning statements made to Complainant by any employees or former employees of 

SKYWEST. 

Complaint's Isi Response to Respondent's l$t Request for 

Production of Documents and Other Discovery 

In the Mauer of Sk-y West Airlines, Inc. 

DMS No. FA.V2011-0680; FAA Case No. 201 lN^f 060035 

Page 2 of 12 

JEJTKEY M. HARpai, i'.\A .-MTORKEY 

TKL: (425) 227-2I6(; FAX: (425) 227-1007 
11/23/2011 10:58 FAX 2024935152 FAA OMS I 009^01 a 

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RESPONSE: Object, to the extent that the request encompasses attorney notes protected 

by the attorney work-product or attorney-client privileges. Object, overbroad- To the extent the 

request encompasses statements made regarding the allegations in this case, see RFP 1.4. 

REQUEST FOR PRODUCTION NO. 1.6: All statements and documents pertaining to or 

concerning statements made to Complainant by any other person, firm or corporaticn, concerning 

the matters alleged in Complaint. 

RESPONSE: Object, overbroad. Complainant is not aware of any statements regarding 

the allegations in this case made by third parties that have not been previously provided. 

REQUEST FOR PRODUCTION NO. 1.7: Resumes, curriculum vitae and any and all 

written qualifications of all persons whom Complainant expects to utilize as expert witnesses at 

the hearing in this matter. 

RESPONSE: Complainant does not anticipate calling any expert wimesses at this time. 

REQU*EST FOR PRODUCTION NO. 1.8: All documents pertaining to facts and 

opinions held by Complainant's experts acquired or developed in anticipation of litigation and/or 

for the hearing in this matter. 

RESPONSE: Object, to the extent that the request encompasses attorney noics protected 

by the attorney work-product or attomey-cUent privileges. Complainant does not anticipate 

calling any expert wimesses at this time. 

REQUEST FOR-PRODUCTION NO. 1.9:-Al] documents reviewed by CompJainajit's 

experts in cormection with the anticipated litigation or hearing in this matter. 

RESPONSE: Object, to the extent that the request encompasses attomey notes protected 

by the attomey work-product or attorney-client privileges. Complainant does not anticipate 

calling any expert wimesses at this time. 

Complaint's 1st Response to Respondent's 1st Request for 

Produaion of DocumenK and Other Discovery 

In the Matter of SkjWcst Airlines. Inc. 

DMS No. F.AA-2011-0680; FAA Case No. 2011N.VI060033 

Pace 3 of 12 

Jt»HKV M. H.MU'ER, FA.^ ATTOR-NCY 

TEL: (425) 227-2161: F.A.X: (425) 227-1007 
11/23/2011 10:58 FAX 2024935142 FAA r DMS g| OOf^Q 1 2 

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REQUEST FOR PRODUCTION NO. 1.10: All documents generated by Complainant's 

experts in coimection with the anticipated litigation or hearing in this matter. 

RESPONSE: Object, to the extent that the request encompasses attomey notes protected 

by the attorney work-product or attorney-client pri\ileges. Complainant does not anticipate 

calling any expen wimesses at this lime. 

Interrogatories 

INTERROGATORY NO. 2.1: Siate the name, occupation, address and telephone number 

of each person Complainant intends to call as a witacss (including but not limited to expert 

wimesses) at the hearing. 

RESPONSE: 

Name Occupation Address & Telephone 

James H. McKenna. Jr. Aviation Safety Inspector 

Lyrm Richards Airworthiness Technical 

Specialist 

Sky West CMO 

1020 N. Flyer WY 

Salt Lake City, UT 84116 

(801)257-5100 

ANM-240 

1601 LJnd Ave. SW. 

Renton, WA 98038 

(425) 227-2328 

INTERROGATORY NO. 2.2: Provide a brief statement regarding the subject matter of 

the testimony of each wimess. 

RESPONSE: 

Name Testimony 

James H. McKenna, Jr. Mr. McKeima will testify to his count of baggage being offloaded fi-om Flight 4451 in Casper, WY. Anticipate that 

Complaint's Isi Response lo Respondent's Ist Request for 

Pf eduction of Documents and Other Discovery 

In the Matter of Sky West Airlines, Inc. 

DMS No. F.'^-2011-0680; f AA Case No. 2011NM060033 

l'agc4of 12 

JEFFREY M. H ARt-ER, FAA ATTORJVCY 

TCL: (425) 227-2161; F.'^X: (425) 227-1007 
11/23/2011 10:58 FAX 2024835142 FAA ^ OHS %m)b 10 

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Lynn Richards 

Mr. McKenna will sponsor the CLR and ACARS data into 

evidence if nccessar>'. 

Mr. Richards will testify regarding the Federal Aviation 

Administration (FAA) sanction guidance and calculation of 

sancdon. 

INTERROGATORY NO. 2.3: Provide copies of all documents Complahiant intends to 

offer into evidence as exhibits at the hearing. 

RESPONSE: See response to Request for Production 1.3. 

INTERROGATORY NO. 2.4: For each expert wimess Complainant intends to call at the 

bearing, provide a brief sutement regarding the grounds for the opinion testimony of each expert 

witness, and copies of any documents prepared or reviewed by said expert wimess. 

RESPONSE: Complainant does not anticipate calling any expert wimesses as this time. 

Should this change, opposing counsel will be notified and Complainant will produce documents 

appropriately as requested above. 

INTERROGATORY NO. 2.5: If Complainant obtains additional docuinents not 

mentioned in response to Request No. 2.3, above, SKYWEST requests these documents be 

produced as expeditiously as possible. 

RESPONSE: Complainant is aware of the ongoing nature of a discovery request, and will 

provided supplemental information as required. 

INTERROGATORY NO. 2.6: If Complainant secures additional witnesses not 

mentioned in response to Request No. 2.1, above, SK'VWEST requests a supplementary wimess 

Est and a brief statement regarding the subject matter of the testimony of each of the wimesses. 

RESPONSE: Complainant is aware of the ongoing nature of a discovery request, and will 

provided supplemental information as required. 

Complaint's Isi Response to Respondent's 1st Request for 

Production of tJocumenis and Other Discovery 

In the Mauer of Slowest Airlines, Inc. 

DMS No. FAA-201 1-06X0; F\. \ Case No. 2011NM060033 

Page 3 of 12 

JEFFREY M. HARPER, F,AA ArronNEY 

TEL: (425) 227-2161; FAX: (42.^) 227-1007 
11/23/2011 10:59 FAX 2024935142 

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Requests for Admission 

REQUEST FOR ADMISSION NO. 3.1: ADMIT that Sky West Airlines' Weight and 

Balance Operations Manual, Standard Practice 4100, has been re\iewed and approved by the 

FA.A for use in all SkyWest operations and was in effect as of the dates of the alleged \iolations. 

RESPONSE: Admit. 

REQUEST FOR ADMISSION NO. 3.2: ADMIT that the aircraft in Flight 4451 did not 

exceed the maximum takeoff weight for the runway of use. 

RESPONSE: Admit 

REQUEST FOR ADMISSION NO. 3.3: ADMIT that SkyWest Airlines' Weight and 

Balance Operations Manual, Standard Practice 4100, provides guidance and instruction necessary 

for flight crew and Customer Service personnel lo complete weight and balance calculations, the 

Cargo Load Report (CLR), and the Load Manifest. 

RESPONSE: Admit 

REQUEST FOR ADMISSION NO. 3.4: ADKflT tiiat Sk>West Airlines^ Weiglxt and 

Balance Operations Manual, Standard Practice 4100, provides weight and balance information 

sufficient to ensure safe aircraft operations. 

RESPONSE: Deny. In addition to the information contained in Standard Practice 4100, 

an accurate assessment of the aircraft's empty weight and balance and payload (including 

baggage, cargo, and passengers), is required to ensure safe aircraft operations. 

REQU'EST FOR ADN'IISSION NO. 3.5: ADMIT that for the aircraft vype and airports 

utilized in the flight alleged in the Complaint, and with the aircraft loads, flight crews, fiael, 

passengers, and baggage recorded in the flight release for the flight in question, any errors in load 

manifest calculations, producing a weight error of less than 300 pounds, results in: 

Compliim's 1st Response to Respondent's lEt Request for 

Production of Documents and Other Discover)-

In the Matter of SkyWest .\irlincs. Inc. 

DMS No. FAA-2011-0680; K.-VA Case No. 2011NM060033 

Page 6 of 12 

JEFFREYM. HARPER, F.AA ATTORltEY 

TEL: (425) 227-2161; F.'Ov: (425) 227-1007 
11/23/2011 10:59 FAX 2024935142 FAA OHS Ql667/oic 

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a. No change in aircraft performance: and 

b. A nearly negligible change in aircraft center of gravity. 

RESPONSE: Deny. The FAA believe there would be a change in aircraft performance, 

although that change may be "nearly negligible.'" 

REQUEST FOR ADMISSION NO. 3.6: ADMIT that the weight of Flight 4451 on 

February 11, 2011 wgis within the aircraft's operation limitations. 

RESPONSE: Admit. 

REQUEST FOR AD^'f^SSION NO. 3.7; ADMIT that load manifest errors do not always 

result in a hea\ier than planned aircraft, that in some cases the aircraft may be lighter than 

plaimed. 

RESPONSE: Admit 

REQUEST FOR ADMISSION NO. 3.8: ADMIT that SkyWest has been FAA-approved 

to use the following standard baggage average weights in its Weight and Balance Program: 

Standard checked baggage - 30 pounds 

("baggage weighing more than 

50 pounds but less than 100 

pounds) 

Heavy checked baggage 60 pounds 

Planeside loaded/carry-on baggage - 30 pounds 

Carry-on baggage and/or personal 

item stowed in aircraft passenger - 0 pounds 

cabin 

Non-luggage baggage (standard) - 30 pounds 

Non-luggage baggage (heavy) - 60 pounds 

Ticketed cabin baggage (summer) - 82 pounds 

Ticketed cabin baggage (winter) - 87 pounds 

Complaint's 1st Reitponse to Respondent's l.^t Request for 

Production of Documents and Other Discovery 

In the Maner of SkyWest Airlines, Inc. 

DMS No. FAA-2011 -0680: F.«LA Case No. 2011NM060033 

Page 7 of 12 

jEFFRFi- M. 11 ARPER, FA-A. ATTORKE Y 

TEI-: (425) 227-2161; F.OC: (425) 227-1007 
11/23/2011 10:59 FAX 2024335142 FAA ^ DMS I 009/012 

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RESPONSE: Admit. 

REQUEST FOR ADMISSION NO. 3.9-3.11. 

RESPONSE: Respondent's discovery response does not contain Requests for Admis.sion 

with these numbers, therefore deny. 

REQUEST FOR ADMISSION NO. 3.12: ADMIT that FAA AC 120-27, Chapter 2, 

Section 1.200(a), states: ".. .differences between the acmal weight of passengers and bags and the 

average weight of passengers and bags can occur when using average weights." 

RESPONSE: Admit. 

REQUEST FOR .ADMISSION NO. 3.13: ADMIT that it is technically possible to have 

the correct total cargo weight even if the number of bags listed in the CLR is incorrect. 

RESPONSE: Admit 

REQUEST FOR ADMISSION NO. 3.14: ADMIT that Order 2150. 3B, FAA Compliance 

and Enforcement Program, Chapter-7, Sanction Guidance Policies, Paragraph 7.c, Penalties 

Outside the Ranges, Clause (1), Penalties lower than the ranges, states: 

It may be appropriate to select a civil penally amount below the 

ranges in Figures 7-1 or 7-2 if the degree of culpability' is minimal, 

the degree of potential hazard is extremely low, and there arc no 

other aggravating circumstances. 

RESPONSE: Admit. 

REQUEST FOR ADMISSION NO. 3.15: ADMIT tiiat during the subject Flight 4451, 

from SLC to CPR, all checked baggage was loaded into the aft cargo bin. 

RESPONSE: Admit. 

Complaint's 1st Response to Respondent's 1st Request for 

FYoduction of Documents and Other Discovery 

In the Matter of SkyWest Airlines, Inc. 

DMS No. FAA-2011-06S0: FAA Case No. 2011NM060033 

Page 8 of 12 

JEFFREY M. R-^RPES, FA.A. ATTORKFl' 

TT-L: (425)227-2161; FAX; (425)227-1007 
11/23/2011 10:59 FAX 2024935142 FAA 

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REQUEST FOR ADMISSION NO. 3.16: ADMIT that the F.AA alleges bet^'een 20 and 

60 pounds of Itiggage were not accounted for on subject Flight 4451. 

RESPONSE: Deny. FAA alleges that one heavy checked bag was not accoimted for on 

Flight 4451 as a heavy checked bag. The FAA is without ."lufficient knowledge to know if the bag 

in question was accounted for as a standard checked bag. 

REQUEST FOR ADMISSION NO. 3.17: Admit that ihe subject heavy bag on Flight -

4451 was accounted for as a standard bag, and as such, any weight miscalculation was less than 

60 pounds. 

RESPONSE: Deny. FAA alleges that one heavy checked bag was not accounted for on 

Flight 4451 as a heavy checked bag. The FAA is without sufficient knowledge to know if the bag 

in question was accounted for as a standard checked bag. 

REQUEST FOR ADMISSION NO. 3.18: ADMIT that the handling of an aircraft witii 

the performance specifications of the subject aircraft ^vill not be noticeably affected by a weight 

change of less than 60 pounds. 

RESPONSE: Admit 

REQU'EST FOR ADMISSION NO. 3.19: ADMIT that the subject Flight 4451 had a 

takeoff weight in excess of 700 pounds below the maximum runway takeoff weight. 

RESPONSE: Deny. The FAA is without sufficient information or knowledge of the 

actual weights of the-passengers^-baggage, and other cargo. — ---

REQUEST FOR ADN-USSION NO. 3.20: ADMIT that during tiie subject Flight 4451 the 

safety of flight was maintained as all operations fell within the manufacturer's operating 

envelope. 

Complaint's Isi Re.<;pon5e to Respondent's Isi Request for 

Production of Documents and Other Discover>-

In the Maner of Sk>'Wesi Airlines, Inc. 

DMS No. FA.A-2011-O6S0: FAA Case No. 201 lNMn60033 

Page 9 of 12 

JEFFREY M. H/VRVHJ*, K>\A ATTOFJ^UY 

TEL: (425) 227-2161; FAX: (425) 227-1007 
n/23/201 1 10:59 FAX 2024935142 FAA 

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RESPONSE: Deny. The FAA is without sufficient information or knowledge of the 

operation of Flight 4451. 

REQUEST FOR ADMISSION NO. 3.21: ADMIT that Sk-y West as an operator, may 

choose to use one weight for a fleet or group of aircraft if the weight and CG of each aircraft is 

within the limits stated in AC 120-27E for estabUshment of the aircraft's operational empty 

weight. 

RESPONSE: Deny. An operator may tise a fleet weighing program under AC120-27E, 

Chapter 1, paragraph 103.b; an operator may not arbitrarily choose one weight for the fleet 

REQUEST FOR ADMISSION NO. 3.22: ADMIT that under Sk>'West's W&D Manual, 

heavy bags are considered any bag that weighs more than 50 pounds and less than 100 poundsRESPONSE: Admit. 

REQUEST FOR ADMISSION NO- 3.23: ADMIT tiiat Order 2150. 3B, FA-A CompHance 

and Enforcement Program, Chapter 7, Sanction Guidance Policies, Paragraph 6. b. General 

Sanction Guidance, states that 

Simply adding up the individual penalties for each violation could 

result in compounding a sanction in a disproportionately harsh 

manner for the conduct involved. 

RESPONSE: Admit. 

REQUEST FOR ADMISSION NO. 3.24: ADMIT that Order 2150.3B, FAA CompUance 

and Enforcement Program,"(Zhapter 7rSanction Guidance"Policies^ Paragraph 7.b,Ximitations on 

Total Civil Penalty Amoxmts for Numerous Multiple Violations, clause (1), states that 

In an average case invohing numerous inadvertent multiple 

violations resulting fi-om a single act or omission, that is, not one 

that is covered by chapter 7, subparagraphs 7.c. or 7.d., the total 

civil penalty for the multiple violations ordinarily falls within the 

Complaint's Isi Response to Respondent's Isi Request for 

Production of Documents and Other Discover)' 

In the Maner of SkyWest Airlines, Inc. 

DMS No. FAA-2011-0680; FAJ\ Case No. 2011NM060033 

P.ieelOr.n2 • 

JEFFREY M. H/'-WER, f/SA ATTWKEY 

TEL: (425) 227-2161; FAX: (425) 227-1007 
11/23/2011 10:59 FAX 2024935142 FA!\ OMS ©011/012 

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ranges provided in either Figure 7-1 or 7-2. The group 

classifications are defined in part 1 of Appendix D. 

RESPONSE: Admit 

REQUEST FOR AD^4ISSI0N NO. 3.25: ADMIT tiiat Order 2150. 3B, FAA CompUance 

and Enforcement Program, Chapter 7, Sanction Giudance Policies, Paragraph 7.b, Limitations on 

Total Civil Penalty Amounts for Numerous Multiple Violations, clause (2), states that 

The term isolated in Figures 7-1 and 7-2 typically describes a 

single instance of an employee's failure to follow a statutory or 

regulator,' requirement, contrary' to the company's own practice or 

procedure. A case may involve a number of isolated and unrelated 

violations. Each group of the multiple violations resulting from 

each isolated violation ordinarily is subject to the isolated, 

inadvertent ranges in Figures 7-1 or 7-2. 

RESPONSE: Admit. 

Dated this 9th day of November, 2011 

.Trffrey M. Harper 

F AA Attorney 

Complaint's 1 st Response lo Respondent's 1st Request for 

Production of Documents and Other Discover)' 

In the Matter of SkyWest .(\irlines. Inc. 

DMS No. FAA-2011-0680; FA A Case No. 2011NM060033 

Pace 11 of 12 

JEKFREYM. HARFHR, FAJV ATTOKNKY 

TEL; (425) 227-2161; FAX-. (425)227.1007 
11/23/2011 11:00 FAX 2024935142 FAA - OMS 1^012/012 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint's 1st Response to Respondent's 1st Request for 

Production of Documents and Other Discovery has been served via facsimile and Certified Mail 

- Return Receipt Requested this date, to the following: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rra El2-320 

Washington. D.C 20590 

TEL: (202)366-2139 

FAX: (202)366-7536 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Federal A\aation Administration 

800 Independence Ave. SW. 

Washington, DC 20591 

FAX: (202)493-5142 

Todd Emerson, Esq. 

SkyWest Airlines 

444 S. River Road 

St. George, UT 84790 

TEL: (435)634-3530 

FAX: (435)634-3505 

Michael Dworkin, Esq. 

Michael L. Dworkin and Associates 

465 California Street 

San Francisco, CA 94104 

TEL; (415)421-2500 

FAX: (435)421-2560 

DATED this 9lh day of November, 2011. 

MOIFAIR CHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administiation 

1601 LindAve.SW 

Renton, WA 98057 

(425) 227-2160 

Complaint's 1st Respon.se to Respondent's 1st Request for 

Production of Documents and Other Discovery 

In the Maner of Sk>-Wcsi Airlines, Inc. 

DMS No. r.^A-2011-0680; F.AA. Case No. 2011NM060033 

Page 12 of 12 

JEFFREY .M. HARPER, f.AA.Arro.'^N'EY 

TEL: (425) 227.2161; FAX: (425) 227-1007