### SERVED: SEPTEMBER 28, 2012

US DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTEROF 

### SKYWEST AIRLINES, INC. FAADOCKETNo. [TO BE ASSIGNED] (Civil Penalty Action) FDMS No. FAA-2011-0485
IN THEMATTER OF 

### SKYWEST AIRLINES, INC. FAADOCKETNo. [TO BEASSIGNED] (Civil PenaltyAction) FDMS No. FAA-2011-0486

### 2
IN THE MATTER OF 

### SKYWESTAIRLINES, INC. FAA DOCKETNo. [TO BEASSIGNED] (Civil Penalty Action) · FDMS FAA-2011-0779
ORDER GRANTING MOTION TO TAKE JUDICIAL NOTICE On September 26, 2012, Respondent SkyWest Airlines ("Respondent") filed a Request to Take Judicial Notice ("Request"). The Request encompasses the agency's published Penalty Guidelines, FAA Order 2150.3B, specifically Appendix B, Part Two -the Sanction Guidance Tables
- and FAA Order 9550.8A, entitled Human Factors Policy, as revised August 10, 2005. Complainant Federal Aviation Administration ("Complainant") has not filed an answer to the Request 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 ofthe 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 Respondent seeks Judicial Notice are 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, Respondent's Request having been read and considered, it is hereby ORDERED that Judicial Notice be and is hereby taken ofthe following: 

### 1. FAA Order 2150.38, Appendix B, Part Two
- Sanction Guidance Tables; and 2. FAA Order 9550.8A, Human Factors Policy (as revised August 10, 2005). 2

Richard C. Goodwin U.S. Administrative Law Judge Attachment
- Service List

1Federal Rules ofEvidence, Rule 201 (28 U.S.C.). 2 Respondent's Request also soughtJudicial Notice for certain other documents. Those documents were granted Judicial Notice by Order'served September27, 2012, so this portion ofRespondent's Request is denied as moot.1·

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 

### SERVICE LIST ORIGINAL & 

### ONE COPY

Attention: Hearing Docket Clerk, AGC-430 WilburWrightBuilding-Suite2W1000 1 

### ONE COPY Todd C. Emerson, 

### Respondent'sRepresentative Director- Government and Legal Affairs. SkyWest Airlines 444 South River Road· St. George, UT 84790 TEL: 435-634:-3530 FAX: 435-634-3505 Michael L. Dworkin, 

### Respondent's Counsel 465 California Street, Suite 210 SanFrancisco, CA94104
. TEL: 415-421,.02500 FAX: 415-421-2560 Jeffrey M. Harper, 

### Complainant's Counsel Attorney, Office oftheRegional Counsel NorthwestMountain 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 inperson orby expedited courier, use the following address: Federal Aviation Administration; 600 Independence Avenue, S.W., WilburWrightBuilding-Suite 2WIOOO, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430.The Honorable Richard C. Goodwin,

### AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAJ{: 202-366-7536