SERVED: SEPTEMBER 28, 2012 

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 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 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 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 of the 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 

1 Federal Rules of Evidence, Rule 201 (28 U.S.C.). 2 Respondent's Request also sought Judicial Notice for certain other documents. Those documents were granted 

Judicial Notice by Order'served September 27, 2012, so this portion of Respondent'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 

Wilbur Wright Building-Suite 2W10001 

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 

FAX: 435-634-3505 

Michael L. Dworkin, Respondent's Counsel 

465 California Street, Suite 210 

San Francisco, CA 941 04 . 

TEL: 415-421,.02500 

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 2WIOOO, Washington, 

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 

202-3 66-5121 Staff Assistant 

FAJ{: 202-366-7536