Todd C. lEmerson, #8175 

444 South River Road 

Si. George, Utah, 84790 

Telephone: (435)6:^4-3530 

Facsimile: (435)634-3505 

Email: temerson@skywesi.com 

- and -

Michael L. Dworkin #64047 

465 California Street. Suite 210 

San Francisco, California 94104 

Telephone: (415) 421-02500 

Facsimile: (415)421-2560 

Email: la\v(f/^aviale\.com 

Attorneys for SkyWest Airlines, Inc. 

RECEIVED 

OCT I 2 m 

HEAR/NG DOCKET 

"O 

r^'ra 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter oi": 

SkyWest Airlines. Inc. 

FAA Case Nos. 2011NM0600I0 

and201INM0600ll 

SKYWEST AIRLINES, INC/S 

RESPONSE TO COMPLAINANT'S 

INITIAL DISCOVERY REQUEST 

Judge: The Honorable Richard C. Goodwin 

SKYWi-ST AIRLINES, INC. (hereinafter referred to as "SKYWEST"), by and 

through its undersigned counsel, objects and responds to Complainant's Initial Discovery 

Requests in 2011 NM060010 and 2011NM060010, dated August 10. 201 I. Pursuant to an 
agreement between the parties, the due date for this discovery response was extended until 

October 11,2011. 

INTRODUCTION AND GENERAL OBJECTIONS 

This matter arises out SkyWest Airlines' weight and balance operations and practices on 

one Right which took place on November 17. 2011 (Flights 6573 - FAA Case No. 

2011NM060U10) and three llights which took place on November 22, 2010. December 14'^ and 

]5'\ 2010 (Flights 4659, 6692 and 4800, respectively - FAA Case No. 201 IN.M0600! 1). 

Complainant proposes assessing penalties of $33,000.00 and $99,000.00, respectively, 

for alleged violations of EAR'S 119.5(g), 119.5(1), 121.693(a), 121.693(c) and 121.693(d). 

Specifically, Complainant has alleged that SKYWEST: 

1. Operated as a direct air carrier in violation of an appropriate operations speciHcation; 

2. Operated aircraft under Part 121 in violation of its operations specifications; 

3. Operated Mights without a load manifest thai accurately retlected the weight of the 

cargo and baggage; 

4. Operated flights when the total weight of the aircraft was not computed under 

approved procedures; and 

5. Operated flights when the aircraft were not loaded according to an approved 

schedule. 

Considering that SkyWest, in its Answer, has admitted the majority of the factual 

allegations contained in the Complaints and has averred that the baggage miscounts were the 

2011NM060010 and 2011NM060011 

SkyWesi's Objections and Responses to Complainant's Discovery 

Page 2 
product of simple human arithmetic error, Complainant's Discover)' appears to be e.xcessive, and 

SKYWEST objects on the grounds that it is compound, complex, overly broad and unduly 

burdensome; it transcends the bounds of reasonable discovery; and in many instances, it seeks 

information which is already within Complainant's knowledge, care, custody and control. 

Complainant's discovery appears lo have been crafted less by a genuine need for relevant 

and probative information, but rather, to bludgeon SKYWEST into settling these cases. 

Complainant's statutory obligation is to determine, prior lo initiating enforcemeni action, that 

such action is warranted. Complainant should not be free to initiate an enforcement action, and 

then, if challenged, use discovery as a substitute for the investigation that should have already 

been completed. 

it should be understood that SKYWES f's investigation is ongoing and continuing and 

SKYWES'f reserves the right to supplement or amend these Responses as its investigation 

proceeds up through the lime of hearing. Accordingly, these Responses should be considered 

tentative at best. 

Finally, SKYWEST, in its Answer and Alfirmativc Defenses ("Answer") dated July 15, 

2011, and in its First Amended Answer and Aftlrmative Defenses, llled concurrently with this 

Discovery Response on October 11, 2011, has asserted numerous afilrmalivc defenses and 

reserves the rit-ht to assert additionally affirmative defenses as they arise. Notwithstanding any 

response or admission contained herein, SKYWEST reasserts each and ever>' affirmative defense 

contained in its Answer, which SKYWEST incorporates herein by this reference as if fully set 

forth herein. 

20llNM060010and201iNM0600ll 

Sky West's Objections and Responses to Complainant's Discovery 

Page 3 
INTERROGATORIES 

The objections set forth above are hereby incorporated herein in iheir entirety. 

Notwithstanding these objections. SKYWES'f. based on its information and belief, responds to 

the Interrogatories as follows: 

jnlcrroflatory No. 1: Identify by name, address and telephone number all persons whom you 

know to have personal knowledge of the matters alleged in the Complaint. 

SKYWES f's RESPONSE TO INTERROGATORY NO. I 

Objection. To the extent that the Interrogatory seeks the names, addresses and telephone 

numbers of "all persons whom you know' to have personal knowledge of the matters alleged in 

[he Comp/ain('": said /nterrogalory is overbroad and unduly burdensome. Moreover, to the 

extent that this or any Interrogatory propounded by Complainant in this malter contemplates any 

person's home address or telephone number being provided, objection is made on the grounds 

that any such disclosure would be a gross invasion of personal privacy, particularly in view of 

ihe fact that these Responses may eventually become part of the public record or docket in this 

matter. Without waiving said objections, individuals (other than SKYWES'f's legal counsel) 

known to SKYWEST that have knowledge of the matters alleged in the Complaint arc: 

1. All individuals named or otherwise identified in the Complainant's Enforcement 

Investigative Report(s)(hercinafter, "ElR's'"): 

2. Carl Salamone, SkyWest Pilot - Flight Operations; 

2011NM060010 and 2011NM060011 

SkyWest's Objections and Responses lo Complainant's Discovery 

Page 4 
3. John Linginfelter, SkyWest Denver Hub Manager; 

4. Wendy Roach , SkyWest Hayden Station Manager; 

5. Dave W. Faddis, SkyWest Managing Director of Safety; 

6. Elaine Wolff, SkyWest Regional Performance Manager; 

7. Maggi Aiken. SkyWest Director of Customer Service Training; 

8. Jeremy liarkley, SkyWest Director of Safety Evaluation and Security 

9. Shawn Johnson. Regional Elite Airline Services Station Manager; 

10. James K. Boyd, SkyWest Vice President-Customer Service; 

I I. Brett Whitelaw, SkyWest Auditor; 

12. Christopher Gross, SkyWest Auditor; 

13. Andy Riggins; S.AN Ramp , Regional Elite Airline Services 

14. Jorge Camerena: SAN Ramp, Regional Elite Airline Services 

15. Steven Allen, FAA AS!; 

16. Noal Johnston, FAA ASI; 

17. Wendell Gehring, FAA ASI; 

18. James McKenna. FAA ASI; 

19. Yvonne C. Huynh. FAA ASI; and 

20. Jeffrey Reynolds, FAA ASI. 

SKYWEST's investigation and discovery are ongoing and continuing, and SKYWES'f 

reserves the right to amend and/or supplement these responses up through the date of hearing. 

201INM060010 and 2011NM060011 

SkyWesl's Objections and Responses to Complainant's Discover)' 

Page 5 
With the exception of Shawn Johnson, Andy Riggins, Jorge Camerena, Steven Allen, 

Noal Johnston, Wendell Gehring, James McKenna, Yvonne C. Huynh and Jeffrey Reynolds, the 

foregoing individuals are current SKYWEST employees and can be contacted through 

SKYWEST's counsel. 

Inlerroaaiory No. 2: Identify by title, date, author, present custodian, and content,, ail 

documents, including correspondence, obtained by you or in your 

possession, relating to the assertions in the Complaint, your appeal, your 

answer, and any aftlrmative defenses which you anticipate raising in this 

matter. See Request for Production No. 1. 

SKYWEST's Response: 

'fo the extent that the Interrogatory seeks "documents, including correspondence... 

relating to the assertions in the Complaint, your appeal, your answer, and any affirmative 

defenses which you anticipate raising in this matter" objection is made on the following grounds: 

a. Correspondence between SKYWEST and its undersigned counsel is protected 

under the attorney-client privilege and will not be produced; 

b. The terms "documents, including correspondence, relating to the assertions in the 

Complaint, your appeal, your answer, and any affirmative defenses which you anticipate raising 

in this matter"' are overbroad and unduly burdensome, vague, ambiguous and uncertain; and 

c. To the extent that any of the documents sought to be identified and/or produced 

2011NM060010 and 201INM060011 

SkyWest's Objections and Responses to Complainant's Discovery 

Page 6 
are in Complainant's care, custody or control, or have been originated by Complainant, objection 

is made as such documents are already within Complainant's knowledge. 

Without waiving the foregoing objections, the following documents are in the possession 

of SKYWEST and/or have been obtained by SKYWEST's undersigned counsel: 

1. All documents or other materials and writings contained in the reieasable portions oi' 

Complainant's EiRs including, but not limited to the Items of Proof which arc made a 

pari of said ElR's; 

2. SKYWEST's counsel's notes and memoranda, protected imder Ihe attorney-client 

privilege and attorney work product doctrine; 

3. SkyWest Weight and Balance Operations Manual Standard Practice 4100; 

4. Advisor)' Circular 120-27E; 

5. Operation Specification A098; 

6. SkyWest Weight and Balance Program; 

7. CLR's for the flights in question; 

8. I.oad Manifests for the flights in question; 

9. Dispatch Releases for the flights in question; 

10. FA.A ASI statements and reports; 

11. SKYWEST's responses to letters of investigation; 

12. Sky West Customer Service Training Bulletin 2010-14. Designated Loading Agent 

Responsibilities; 

13. SkyWest Customer Service Training Bulletin 2011 -04, [UPDATED] Aircraft Loading 

2011NM060010 and 2011NM060011 

Sky West's Objections and Responses to Complainanf s Discover)' 

Page? 
Procedures; 

14. Updated aircraft loading procedures to be incorporated into Station Operations Manual 

SP 5500 in Revision 18; 

15. Various Internal Procedure Evalualions,/Audils; 

16. FAA Order 2150.3B; 

17. SkyWest Airlines Weight and Balance Analysis prepared by Carl Salamone; and 

18. Bombardier CRJ Weight and Balance Manuals, 01-00-60, for the subject aircraft. 

Investigation and discover)' arc ongoing and continuing, and SKYWES'f reserves the 

right to amend and/or supplement these responses up through the date oj"hearing, l-'inally, 

SKYWEST reserves the right to utilize at hearing any document not listed above for purposes of 

impeachment. 

lnte^ro^atorv No. 3: Identify by name, address and telephone number, all persons whom you 

intend to have testif)' as a factual or expert witness in your defense at the 

hearing in this matter, and for factual witnesses, provide a detailed 

summary of each person's anticipated testimony. 

SKYWEST's Response: 

At this point in time, SKYWEST contemplates calling those persons whom SKYWES'f 

has identified in its Response to Interrogatory No 1 above. Summaries of their respective 

2011NM060010and20llNM0600Il 

SkyWest's Objections and Responses to Complainant's Discover)' 

Pages 
testimonies are set forth below: 

1. Carl Salamone, SkyWest Pilot - Flight Operations. Mr. Salamone will testify as an expert 

as to the procedure involved with his creating the SkyWest Weight and Balance Analysis 

for the subject llights and findings and opinions contained therein, including, but not 

limited to the fact that the baggage count discrepancies did not, in any way, affect or 

hamper aircraft weight and balance, performance or safety. 

2. John Linginfelter. SkyWest Denver Hub Manager. Mr. Linginfelter will testify as to his 

duties on November 17, 2010, his receipt of a voicemail from ASI Steven 11. Allen and 

his communications with Jeremy Barkley in investigating Mr. Allen's concerns and being 

proactive in avoiding future discrepancies. 

3. Wendy Roach , SkyWest Hayden Station Manager. Ms. Roach will testify as to her duties 

as SkyWest HDN station manager on November 17, 2010. 

4. Dave Faddis, SkyWest Managing Director of Safety. Mr. Faddis will testify as to the 

formal response and internal investigation initiated upon receiving the subject LOI (dated 

December 1, 2010, from Noal J. Johnston, POI, regarding tlighi 4659 on November 22, 

2010). 

5. Elaine Wolff, SkyWest Regional Performance Manager. Ms. Wolff will testify as to her 

formal response and internal investigation resulting from her receipt of the subject LOI 

(dated December I, 2010. from POl Noal Johnston, regarding Flight 4659 on November 

22,2010). 

6. Maggi Aiken, SkyWest Director of Customer Service Training. Ms. Aiken will testify as 

2011NM060010 and 201INM060011 

SkyWest's Objections and Responses lo Complainant's Discovery 

Page 9 
to her November 17, 2010 communications with ASI Steven H. Allen and her December 

14, 2010 response to POI Noal Johnston's December 1, 2010 LOI. Ms. Aiken will testify 

as to the implementation of an initiative to ensure all SKYWEST stations are physically 

staffed to allow one agent to directly account for the aircraft loading process on each 

SKYWEST flight. Loading agent oversight in this initiative includes ensuring accurate 

physical baggage counts, cargo weights, and weight and balance communication with the 

tlight deck crew; 

"?. Jeremy Barkley, SkyWest Director of Safety Evaluation and Security. Mr. Barkley will 

testify as to his communications with John Linginfelter in being proactive in investigating 

the discrepancies and avoiding future mishaps. 

H. Shawn Johnson, Regional Elite Airline Services Station Manager. Mr. Johnson will 

testify as to his internal investigation resulting from POI Noal Johnston's December 1, 

2010 LOI into flight 4659 on November 22, 2010. 

9. James K. Boyd, SkyWest Vice-President -Customer Service. Mr. Boyd will testify as to 

his implementation of an initiative to ensure all SKYWEST stations are physically staffed 

to allow one agent to directly account for the aircraft loading process on each SK YWES T 

llight. Loading agent oversight in this initiative includes ensuring accurate physical 

baggage counts, cargo weights, and weight and balance communication with the llight 

deck crew. Mr. Boyd will additionally testify concerning corrective actions taken by 

SKYWEST, including, but not limited to CST Bulletin 2010-4; 

10. Andy Riggins; SAN Ramp. Mr. Riggins will testify as to the oflloading process in 

201 INM060010 and 2011NM060011 

SkyWest's Objections and Responses to Complainant's Discover)' 

Page 10 
general, and specifically, of Flight 6692 on December 14, 2010. 

I i. Jorge Camerena; SAN Ramp. Mr. Camerena will testify as to the oflloading process in 

general, and specifically, of !• light 6692 on December 14, 2010 and Flight 4800 on 

December 15,2010. 

12. Brett Whitelaw and Christopher Gross, SkyWest Auditors. Messrs. Whitelaw and Gross 

will testify as lo SKYWEST's internal auditing of Ramp Agents to confimi compliance 

with SKYWEST's required loading and unloading procedures; 

1 3. Various FAA personnel will be called to testify as to their involvement in the 

investigation, including, but not limited to Steven Allen, FAA ASI; Noal Johnston. FAA 

POI; Wendell Gehring, FAA ASI; James McKenna, FAA ASI; Yvonne C. Huynh, FAA 

ASI; and Jeffrey Reynolds, FAA ASI. 

In addition, SKYWEST may call representative(s) of Bombardier, the aircraft 

manufacturer, who will testify that the alleged baggage count discrepancies did not in any way 

affect or hamper aircraft weight and balance, CG, aircraft performance and/or those 

computations contained in the dispatch releases, and llight plans. 

SKYWEST further reserves the right to call as its witnesses any persons identified in 

Complainant's ElR's. any persons now or hereinafter identified by Complainant as its witnesses 

and any persons who may be called to testify by Complainant in this matter. 

Investigation and discovery are ongoing and continuing, and SKYWES'f reserves the 

right to amend and/or supplement these responses up through the date of hearing. 

201INM060010 and 201INM060011 

SkyWest's Objections and Responses to Complainant's Discover)' 

Page 11 
hiterrouatorv No. 4: Identify by title, date, author, present custodian, and content, all 

documents which you anticipate offering into evidence at the hearing in 

this matter, and through which witness or witnesses. See Request for 

Production No. 2. 

SKYWEST's Response: 

Please see SKYWES'f's response to Interrogatory No. 2 above, which SKYWEST adopts 

and incorporates as a partial response to Interrogator)' No. 4. As of the date of this response, 

SKYWEST anticipates that the following documents will be offered into evidence through the 

witnesses identiiled below: 

Document fiile: Advisor)' Circular I20-27E 

Author: The Federal .Aviation 

.'\dministration 

Date: Current 

Custodian: Public Record 

Sponsoring Witness: As yet undetermined 

Document Title: Operation Specitleaiion 

A098 

Author: FAA 

Date: Current 

Custodians: FAA and SKYWES'f 

Sponsoring Witness: As yet undetermined 

2011NM060010 and 201INM060011 

SkyWest's Objections and Responses to Complainant's Discover)' 

Page 12 
Document 'I'itle: SkyWest Weight and 

Balance Program 

Author: SKYWES'f 

Date: Current 

Custodian: SKYWEST 

Sponsoring Witness: As yet undetermined 

Document Title: Dispatch Releases for the 

llights in question 

Author: 

Date: As depicted in Complainant's EIR 

Custodian: SKYWEST 

Sponsoring Witness: As yet undetermined 

Document Title: CLR's for the llights in 

question 

Author: SKYWEST 

Date: As depicted in Complainant's EIR 

Custodian: SKYWEST 

Sponsoring Witness: As yet undetermined 

Document 1 itle: FAA ASI statements and 

reports 

Author: As depicted in Complainant's EIR 

Date: As depicted in Complainant's EIR 

Custodian: SKYWEST 

Sponsoring Witness: As yet undetermined 

Document Title: Load Manifests for the 

nights in question 

Author: SKYWEST 

Date: As depicted in Complainant's EIR 

Custodian: SKYWEST 

Sponsoring Witness: As yet undetermined 

Document Title: SkyWest's responses to 

letters of investigation 

Author: SKYWEST 

Date: As depicted in Complainant's EIR 

Custodian: SKYWEST 

Sponsoring Witness: Maggi Aiken 

201INM060010 and 201INM060011 

SkyWest's Objections and Responses to Complainant's Discover)' 

Page 13 
Document Title: SkyWest Customer Service 

Training Bulletin 2010-14, Designated 

Loading Agent Responsibilities 

Author: SKYWEST 

Date: November 9. 2010 

Custodian: SKYWEST 

Sponsoring Witness: Maggi .Aiken and 

James Bovd 

Document Title: FAA Order 2150.3B 

Author: Federal Aviation Administration 

Date: Current. 

Custodian: Public Record 

Sponsoring Witness: As yet undetermined 

Document Title: SkyWest Customer Service 

Training Bulletin 2010-04, [UPDATED! 

Aircraft Loading Procedures 

Author: SKYWEST 

Date: April 7, 2011 

Custodian: SKYWEST 

Sponsoring Witness: Maggi .Aiken and 

James Bovd 

Document 'fitle: Updated aircraft loading 

procedures to be incorporated into Station 

Operations Manual SP 5500 in Revision 1 

Author: SKYWEST 

Date: To be incorporated into Station 

Manual SP 5500 Revision 18 

Custodian: SKYWEST 

Sponsoring Witness: Maggi Aiken and 

James Boyd 

2011NM060010 and 2011NM060011 

SkyWesl's Objections and Responses to Complainant's Discover)' 

Page 14 
Document Title: SkyWest Airlines Internal 

Evaluation - Load Audit Report 

Author: Brett Whitelaw 

Date: June 1,2011 

Custodian: SKYWEST 

Sponsoring Witness: As yet undetermined 

Document Title: SkyWest Airlines Weight 

and Balance Analysis 

Author: Carl Salamone 

Date: September 15,2011 

Custodian: SKYWEST 

Sponsoring Witness: Carl Salamone 

Document Title: SkyWest Airlines Internal 

Evaluation - Load Audit Report 

Author: Christopher Gross 

Date: August 5, 2011 

Custodian: SKYWEST 

Sponsoring Witness: As yet undetermined 

Document fitle: SkyWest Airlines Internal 

Evaluation - Load Audit Report 

Author: Brett Whitelaw 

Date: August 12,2011 

Custodian: SKYWEST 

Sponsoring Witness: As yet undetermined 

Document Title: Bombardier CRJ 700 

Weight and Balance Manual 01-00-60, July 

9. 2009 

Author: Bombardier 

Date:.luly9, 2009 

Custodian: SKYWEST 

Sponsoring Witness: As yet undetermined 

201 1NM060010 and 2011NM06001 1 

SkyWest's Objections and Responses to Complainant's Discovery 

Page 15 
Document 'Title: Bombardier CRJ 200 

Weight and Balance Manual 01-00-60. April 

28,1999 

Author: Bombardier 

Date: April 28, 1999 

Custodian: SKYWEST 

Sponsoring Witness: As yet undetermined 

Document Title: Bombardier CRJ 900 

Weight and Balance Manual 01-00-60, July 

9, 2009 

Author: Bombardier 

Date: July 9, 2009 

Custodian: SKYWES'T 

Sponsoring Witness: As yet undetermined 

In addition, SKYWES'T reserves the right to utilize at hearing any documents, records, 

information or materials contained in Complainant's EIR, or any documents, records, 

information or materials introduced into evidence, or sought to be introduced into evidence, by 

Complainant. 

Investigation and discover)' are ongoing and continuing, and SKYWEST reserves the 

right to amend and/or supplement these responses up through the date of hearing. 

Finally, SKYWEST reserves the right to utilize at hearing any document not listed above 

for purposes of impeachment. 

Interrogatory No. 5: With respect to each expert witness identified in response to Interrogatory 

No. 3, specify their specific area of expertise, and provide a synopsis of 

their credentials, background, training and experience. 

2011 NM060010 and 2011NM0600I 1 

SkyWest's Objections and Responses to Complainant's Discovery 

Page 16 
SKYWEST's Response: 

SKYWEST will call First Ofllcer Carl Salamone. Please see the attached Production of 

Documents for Mr. Salamone's curriculum vitae. 

SKYWEST will call Mr. Jeremy Barkley, SkyWest Director of Safely Evaluation and 

Security. His curriculum vitae will be forthcoming under separate cover. 

In addition, SKYWEST may call representative(s) of Bombardier, the aircraft 

manufacturer, who will testify that the alleged baggage count discrepancies did not in any way 

affect or hamper aircraft weight and balance, CG, aircraft performance and/or those 

computations contained in the dispatch releases, and llight plans. 

In addition, SKYWEST reserves the right to call as expert witnesses at hearing (i) any 

persons identified in Complainant's EIR, including but not limited to the evidentiary portion of 

said Report, (ii) any person who may be called by Complainant to testify as an expert, (iii) any 

person who may testif)' at the hearing as an expert on behalf of Complainant, (iv) any person 

called to testify by. or who may testify as expert at the request or order of the Administrative 

Law Judge, and (v) for purposes of impeachment, any other persons not identified above. 

Investigation and discovery are ongoing and continuing, and SKYWEST reserves the 

right to amend and/or supplement these responses up through the date of hearing. 

Interrogatory No. 6: With respect to each expert you expect to call as a witness, state the 

subject matter on which the expert is expected to testify, state the 

substance of the facts and opinions to which the expert is expected to 

2011NM060010 and 2011NM060011 

SkyWest's Objections and Responses to Complainant's Discovery 

Page 17 
testify, and provide summary of the grounds for each such opinion. 

SKYWEST's Response: 

Mr. Carl Salamone will testify as to the weight and balance analysis of the subject llights 

based upon environmental conditions on the dates of llight, manufacturer calculated operating 

envelopes for subject aircraft {Bombardier Weight and Balance Manuals), aircraft takeoff 

weight, aircraft takeoff center of gravity, aircraft climb performance and maximum operating 

altitude. 

Mr. Jeremy Barkley will testif)' as to SKYWEST's proactive investigation of alleged 

violations and steps taken to avoid discrepancies and future mishaps. 

In addition. SKYWEST may call representative(s) of Bombardier, the aircraft 

manufacturer, who will testify that the alleged baggage count discrepancies did not in any way 

alfect or hamper aircraft weight and balance, CG. aircraft performance and/or those 

computations contained in the dispatch releases, and tlight plans. 

In addition to the persons identiiled above in this Response, SKYWEST reserves the 

right to call as expert witnesses at hearing (i) any persons identified in Complainant's EIR, 

including but not limited to the evidentiar)' tile of said Report, (ii) any person who may be called 

by Complainant to testify as an expert, (iii) any person who may testify at the hearing as an 

expert on behalf of Complainant, (iv) any person called to testify by, or who may testify as 

expert at the request or order of the Administrative Law Judge, and (v) for purposes of 

impeachment, any other persons not identified above. 

2011NM060010and201INM0600ll 

SkyWest's Objections and Responses to Complainant's Discovery 

Page 18 
Investigation and discover)' are ongoing and continuing, and SKY WES T reserves the 

right to amend and/or supplement these responses up through the date of hearing. 

Interrogatory No. 7: Describe with specificity all of the facts which you anticipate presenting in 

the course of the hearing in this matter pertaining to the avoidance or 

mitigation of the sanction sought by the FAA in this case. 

SKYWEST's Response: 

Objection is made to Interrogatory No. 7 to the extent that it seeks privileged and contldential 

inlbrmation which is protected by the attorney-client privilege and attorney work-product 

doctrine. To the extent that Interrogatory No. 7 seeks information which is not otherwise 

privileged, objection is made on the grounds that it is premature as the parties are only in the 

pleading and discovery phases of the proceeding and the hearing is still several weeks away. 

Without waiving said objections, the matters alleged in the complaint have been the subject 

of extensive investigation and numerous conversations within SKYWES'f's organi/.ation, and as 

rellected in the documents produced herein, were also the subject of conversations and 

communications between SKYWEST and Regional Elite Airline Services. 

SKYWES'T intends on presenting the following facts in the course of the hearing in this 

matter pertaining to the avoidance or mitigation of the sanction sought by the FA.A in this ease: 

1. SKYWEST has taken all necessary corrective actions to avoid repeated mishaps such that 

additional penalties are redundant and will not result in any increase in safety. Speeillcally, 

201 INM060010and 201 1NM060011 

SkyWesf s Objections and Responses to Complainant's Discover)' 

Page 19 
2. SKYWEST has: 

a) Counseled all personnel involved in the loading and counting of the bags following each 

of the alleged incidents; 

b) Issued SKYWEST Customer Service 'Training Bulletin 2010-14, Designated Loading 

Agent Responsibilities, directed at providing additional training in avoiding bag count 

discrepancies; 

c) Issued SKYWEST Customer Service Training Bulletin 2010-04, Aircraft Loading 

Procedures, directed at providing additional training in avoiding bag count discrepancies; 

d) L/pdated and revised the aircraft loading procedures set forth in its Station Operations 

Manual SP 5500 to speeillcally address said problems and ensure future compliance; 

e) Implemented initiatives to ensure all stations are physically staffed to allow one agent to 

directly account for the aircraft loading process on each SKYWESl' llight, lo ensure 

accurate physical baggage counts, cargo weights, and weight and balance communication 

with llight deck crews; 

I) Performed internal evaluations of cargo load reporting and determined that compliance 

had been achieved. 

3. The sanction sought by Complainant is unwarranted by the facts, safety in commerce and 

the public interest and is not only excessive, but, far exceeds policy, precedent and 

Complainant's own Sanction Guidance 'Table. Further, the sanction is compounded, in violation 

of the Complainant's own Sanction Guidance Table. 

4. The Complainant's cusc, \s unwarranted and without basis or jurisdiction in law or fact. 

2011NM060010 and 2011NM060011 

SkyWest's Objections and Responses to Complainant's Discovery 

Page 20 
5. The average weight programs contemplated by AC120-27E fully contemplate that the use 

of actual baggage and passenger weights are impractical, and by their very nature, permit some 

discrepancies between what is contained in the load manifest and the actual weight of the 

aircraft. 

6. Any and all discrepancies upon which these actions are based are the product of simple 

human arithmetic error and in no way are indicative of SKYWEST's regulatory compliance 

disposition as all relevant employees were adequately trained and qualified and have since 

received additional training and internal audits have shown adequate compliance levels has been 

reached. 

7. Notwithstanding any discrepancies in the bag counts contained in the CLR's, any weight 

discrepancy was nominal, at best and had absolutely no effect on aircraft weight and balance, 

CO, aircraft performance or aircraft performance computations; 

Investigation and discover)' are ongoing and continuing, and SKYWES'T reserves the 

right to amend and/or supplement these responses up through the date of hearing. 

Interrogatory No. 8: State by name, address, telephone number, date of conversation, and 

substance of conversation, all persons, other than legal counsel or your 

spouse, with whom you have discussed the matters alleged in the 

Complaint. 

20nNM060010 and 20nNM060011 

SkyWest's Objections and Responses.to Complainant's Discovery 

Page 21 
SKYWEST's Response: 

SKYWEST objects to Interrogator)' No. 8 on the grounds that it is unduly burdensome, 

serving no other purpose than to inconvenience, or for that matter, bludgeon SKYWES'f. 

Moreover, the Interrogatory, as propounded, seeks information that would otherwise be protected 

under the attorney-client privilege, attorney work-product doctrine and critical self-examination 

privilege. Without waiving said objection, as SKYWEST's LOI responses clearly indicate, 

SKYWES'f, through its management and employees, fully investigated each and every one of 

the alleged discrepancies, verified that all persons involved had been adequately trained, 

counseled such persons and provided remedial training and after engaging in a full deliberative 

process and internal evaluations and audits took other appropriate and responsive corrective 

actions. 

Investigation and diseoverv are ongoing and continuing, and SKVWES'i' reserves (he 

right to amend and/or supplement these responses up through the date of hearing. 

Interrogatory No. 9: Describe with specificity all facts or evidence you intend to rely upon in 

support of any afHrmative defenses raised in any Answer to the 

Complaint, to include identifying the specific FAA policy you claim is 

violated by the proposed penalty in these cases. See Request for 

Production No, 3. 

SKYWEST's Response: 

201INM060010and20llNM0600ll 

SkyWest's Objections and Responses to Complainant's Discover)' 

Page 22 
Please see SKYWES'f's Responses to Interrogator)' No 7, which SKYWEST adopts and 

incorporates at is responses to Interrogatory No. 9, as if fully set forth herein. In addition see 

FAA AC i 20-27E and FAA Order 2150.3B. 

Investigation and discovery are ongoing and continuing, and SKYWES'T reserves the 

right to amend and/or suppleinent these responses up through the date of hearing. 

Interrogatory No. 10: For any of the requests for admissions below that is denied, state with 

specificity the i\)cis that are the basis for thai denial as well as the inquiries 

taken to determine that the facts in the request for admission are not 

correct. See Request for Production No. 5. 

SKYWEST's Response: 

SKYWEST's Responses to the Requests for Admissions clearly speak for themselves. 

REQUESTS FOR PRODUCTION 

The objections set forth above are hereby incorporated herein in their entiret)'. 

Notwithstanding these objections, SKYWES'T, based on its information and belief, responds to 

the Requests for Production as follows: 

Request for Production No. I: Provide a copy of all documents referred to in your answer 

to Interrogatory No. 2 

2011NM0600I0 and 201INM060011 

SkyWest's Objections and Responses to Complainant's Discovery 

Page 23 
SKYWES1"s Response: 

Under separate cover, SKYWEST will provide copies of all documents (other than (i) 

correspondence between SKYWEST and its undersigned counsel which is protected under the 

attorney-client privilege and will not be produced, (ii) SKYWEST's counsel's notes and research 

which is protected under the attorney work-product doctrine and will not be produced and (iii) 

documents which are already in Complainant's care, custody or control, and/or which have been 

originated by Complainant). See SKYWEST's Production of Documents attached hereto. 

Investigation and discover)' are ongoing and continuing, and SKYWES'T reserves the 

right to amend and/or supplement these responses up through the date of hearing. 

Finally, SKYWES'T reserves the right to utilize at hearing any document not identified in 

these Objections and Responses to Request for Production for purposes of impeachment. 

Request for Production No. 2: Provide a copy of all documents referred to in your answer 

to Interrogator)' No. 4. 

SKYWEST's Response: 

Please see SKYWEST's Response to Request for Production No. 1 above, which 

SKYWEST adopts and incorporates as if fully set forth herein as its Response to Request for 

Production No. 2. 

Investigation and discover)' are ongoing and continuing, and SKYWEST reserves the 

2011NM0600IO and 2011NM060011 

SkyWest's Objections and Responses to Complainant's Discovery 

Page 24 
right to amend and/or supplement these responses up through the date of hearing. 

Request for Production No. 3: Provide a copy of all documents that support your answer 

lo Interrogatory No. 9. 

SKYWEST's Response: 

Please see SKYWES'f's Response to Request for Production No. 1 above, which 

SKYWES'T adopts and incorporates as if fully set forth herein as its Response to Request for 

Production No. 3. 

Investigation and discover)' are ongoing and continuing, and SKYWES'T reserves the 

right to amend and/or supplement these responses up through the date of hearing. 

Request for Production No. 4: Provide a copy of all documents that support your answer 

to Interrogatory No. 10, 

SKYWEST's Response: 

Please see SKYWES T's Response to Request for Production No. 1 above, which 

SKYWEST adopts and incorporates as if fully set forth herein as its Response to Request for 

Production No. 4. 

Investigation and discovery are ongoing and continuing, and SKYWES'T reserves the 

right to amend and/or supplement these responses up through the date of hearing. 

2011NM060010 and 2011NM060011 

SkyWest's Objections and Responses to Complainant's Discover)' 

Page 25 
Request for Production No. 5: Provide a copy of all exhibits that you intend to offer or 

will use during the hearing on this matter. 

SKYWEST's Response: 

Please see SKYWEST's Response to Request for Production No. I above, which 

SKYWES'T adopts and incorporates as if fully set forth herein as its Response to Request for 

Production No. 5. 

Investigation and discovery are ongoing and continuing, and SK>'WES T reserves the 

right to amend and/or supplement these responses up through the date of hearing. 

REQUEST FOR ADMISSIONS 

The objections set forth above arc hereby incorporated herein in their entirety. 

Notwithstanding these objections, SKYWEST, based on its information and belief, responds to 

the Requests for Admissions as follows: 

Request for Admission No. 1:Admit that, for the 12-month period ending September 2010, 

SkyWest Airlines had operating revenues in excess ol'SlOO 

million, as shown by the Airline Quarterly Financial Review (3"^ 

Quarter 2010) published by the Department of'Transportation, 

Office of Aviation Analysis, Competition and Policy Analysis 

2011NM060010 and 2011NM060011 

SkyWest's Objections and Responses to Complainant's Discovery 

Page 26 
Division. 

SK^y^WEST'S Response: 

Admit 

RcgJiest for Admission No. 2:Admit that, as of December 31, 2010, SkyWest Airlines employs 

more than 1,500 employees, as shown by SkyWest Airlines' 2010 

Annual Report. 

SKYWEST's Response: 

Admit 

Request for Admission No. 3:Admit that SkyWest Airlines has the financial ability to pay the 

$33,000 requested civil penalty in FAA Case No. 201INM0600I0, 

FDMS No. FAA-2011-0486. 

SKYWEST's Response: 

Admit 

RccLuest for Admission No. 4:Admit that SkyWest Airlines has the financial ability to pay the 

$99,000 requested civil penalty in FAA Case No. 2011NM0600I I. 

201INM060010 and 2011NM0600II 

SkyWest's Objections and Responses to Complainant's Discover)' 

Page 27 
FDMS No. FAA-2011-0485. 

SKYWES'f's Response: 

Admit. 

Request for Admission No. 5:Admit that SkyWest Airlines was assessed a $24,000 civil penalty 

on March 2, 2011 in FAA Case No. 20IONM060106 for violations 

of Ihe Federal Aviation ReguiaiJons (14 C.F.R.) ^vj 119.5(g), 

119.5(1), 121.693(a), 121.693(c), and 121.693(d), involving 

improperly documented baggage loading on two aircraft in 

September 2010. 

SKYWEST's Response: 

.Admit that the FAA originally proposed a civil penalty in the amount of $90,000, and 

SKYWES'T settled the matter, paying a civil penalty of $24,000. 

Request for Admission No. 6:Admit that SkyWest Airlines was assessed a $144,000 civil penalty 

on March 2, 201 1 in FAA Case Nos. 2010NM060068 & 

2010NM060076 for violations of the Federal .Aviation Regulations 

(14 C.F.R.) §§ 119.5(g), 119.5(1). 121.693(a). 121.693(c). and 

121.693(d), involving improperly documented baggage loading on 

201INM060010 and 2011NM060011 

SkyWest's Objections and Responses to Complainant's Discover)' 

Page 28 
five aircraft in April and May, 2010. 

SKYWEST's Response: 

Admit that the FAA originally proposed a civil penalty in the amount of $220,000. and 

SKYWEST settled the matter, paying a civil penalty of $144,000. 

Request for Admission No. 7: 

Admit that SkyWest Airlines was assessed a $45,000 civil penalty on March 2, 2011 in 

FAA Case Nos. 2010NM060020 & 2009NM060124 for violations of the Federal Aviation 

Regulations (14 C.F.R.) §§ 119.5(g), 119.5(1). 121.693(a) and 121.693(c). involving improperly 

documented baggage loading on \'\\'G aircraft between .August and November 2009. 

SKYWEST's Response: 

Admit that the SKYWEST ultimately paid a civil penalty in the amount of $45,000. 

Request for .Admission No. 8:Admit that SkyWest Airlines was assessed a $10,000 civil penalty 

on February 16, 2011 in FAA Case No. 20I0NM060I00 for 

violations of the Federal Aviation Regulations (14 C.F.R.) §§ 

119.5(g). 119.5(1), 121.693(a), 121.693(c), and 12L693(d), 

involving improperly documented cargo loading on one aircraft in 

August, 2010. 

2011NM060010 and 2011NM060011 

SkyWest's Objections and Responses lo Complainant's Discovery 

Page 29 
SKYWEST's Response: 

Admit that the F.AA originally proposed a civil penalty in the amount of $20,000. and 

SKYWEST senled the matter, paying a civil penalty of $10,000. 

Request Tor Admission No. 9:Admit that SkyWest Airlines was assessed a $10,000 civil penalty 

on September 28. 2009 in FAA Case No. 2009NM060050 for 

violations of the Federal Aviation Regulations (14 C.F.R.) §§ 

119.5(g), 119.5(1), 121.693(a), and 121.693(c), involving 

improperly documented baggage loading on one aircraft on March 

17,2009. 

SKYWEST's Response: 

Admit that the FAA originally proposed a civil penalty in the amount of $12,000, and 

SKYWEST senled the matter, paying a civil penalty of $10,000. 

Request for Admission No. 10: Admit that SkyWest Airlines was assessed a $10,000 civil 

penalt)' on September 28. 2009 in FAA Case No. 

2009NM060023 for violation of the Federal Aviation 

Regulations (14 C.F.R.) § 119.5(g), involving improperly 

documented baggage loading on three aircraft in December, 

2011NM0600I0 and 201INM060011 

SkyWest's Objections and Responses to Complainant's Discovery 

Page 30 
2008. 

SKYWEST's Response: 

Admit that the FAA originally proposed a civil penalty in the amount of $17,500. and 

SKYWEST settled the matter, paying a civil penalt)' of $10,000. 

DATED this 11"" day of October, 2011. 

Co-Counsel for SkyWest Airlines 

201INM060010 and 2011NM060011 

SkyWest's Objections and Responses to Complainant's Discoyer\' 

Page 31 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 11" day of October, 2011, a true and correct 

copy of the foregoing SKYVVEST'S RESPONSE TO COMPLAINANT'S INITIAL 

DISCOVERY REQUEST was served as follows: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-

320 

Washington. D.C. 20590 

[Federal Express} 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

{Fcileral Express IJeffrey M. Harper 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

FAX (425) 227-1007 ^ 

{•Fucsitmlc and Federal Express} 

Sheri L. Becker 

2011NM060010 and 2011NM060011 

SkyWesl's Objections and Responses to Complainant's Discover.' 

Page 32