10/24/2014 09:40 4252271007 ANM7 PAGE 02/09 

U.S. Deportmer1t 

of Transportatior1 

Fed erol Aviolion 

Administration 

Northwest Mountain Region 

Office of Regional Counsel 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel·. (425) 227·1417 

October 24, 2014 

Fax: (425) 227-1007 

robertspltzer@faa.gov 

VIA FACSIMILE AND CERTIFIED MAIL· RETURN RECEIPT REQUESTED 

Attn: Hearing Docket Clerk, AGC-43 0 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg . •• Room 2Wl 000) 

800 Independence Avenue S.W. 

Washington, D.C. 20591 

dOlL)- Q �I 1 

Re: In the Matter of Sky West Airlines, FAA Case No. 2013NM060083 

Enclosed is an original and one copy of a request for hearing and Complaint in the above· 

referenced proceeding. 

The Federal Aviation Administration (l' AA) requests that the hearing in this matter be held in 

Seattle, Washington, and expects that the hearing wil last one (1) day_ 

For scheduling purposes, FAA attorney, Robert Spitzer will be unavailable December 1 through 

December 31, 2014. 

Please address all communications for the FAA to the undersigned at 

Federal Aviation Administration 

Sincerely, 

Robert Spitzer 

FAAAttomey 

RS/tek 

Northwest Mountain Region, ANM· 7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Telephone: ( 425) 227-1847 

FAX: (425) 227-1007 

Enclosures: Request for Hearing (Appeal) 

Complaint 
4252271007 

ROBERT SPITZER 

FAA OFFICE OF REOlONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227-1417 

FACSIMILE: (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SkyWest Airlines, Inc. FAA Case No. 2013NM060083 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

PAGE 03/0g 

pursuant to Rule 208 of the Rules of Practice (14 Code of Federal Regulations (C.F.R.) Section 

13.208), and states as follows: 

1 

On October 1, 2014, SkyWest Airlines, Inc., was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$98,500. 

On October 13, 2014, Sk:yWest Airlines, Inc., through its legal counsel, submitted a written 

request for a hearing. 

Il 

1. SkyWest Airlines (Sk:yWest), is now, and was at al

 times material herein, the holder of 

Scheduled Air Carrier Certificate No. SWIAOllA, and conducts its operations 

pursuant to Part 121 of the Federal Aviation Regulations (FAR). 

COMPLAINT 

FAA v. SkyWest Airlines, Inc. 

FAA Case No. 20 13NM060083 

Page 2of7 

ROl3EU SPITZER, FAA A TIORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
10/24/2014 09:40 4252271007 ANM7 PAGE 04/09 

2. Paragraph D085 of SkyWest's Operations Specifications (OpSpecs) authorizes 

SkyWest to use N706SK, a Bombardier CL-600-2Cl0 civil aircraft, (the aircraft) in 

the conduct of SkyWest's Part 121 operations. 

3. At all times relevant herein, SkyWest was authorized under SectionD095 of its 

OpSpecs to use a Minimum Equipment List (MEL) for its aircraft. 

4. At all timesrelevant herein, Paragraph D072 of SkyWest' s OpSpecs required SkyWest 

to maintain its aircraft under a Continuous Airworthiness Maintenance Program 

(CAMP). 

5. At all times relevant herein, SkyWest 's CAMP incorporated by reference its General 

Maintenance Manual (G:M). 

6. At all times relevant herein, SkyWest's GMM required that maintenance controllers, 

issue deferrals for deferred maintenance and maintain operational control concerning 

the airworthiness of aircraft. 

7. At al

 times relevant herein, SkyWest's CAMP incorporated by reference SkyWest's 

Standard Operating Procedures (SOP), and :Acronyms and Definitions. 

8. At al

 times relevant herein, SkyWest's SOP 2001 required that when troubleshooting 

problems, maintenance controllers isolate the system or component that failed by 

troubleshooting with approved data. 

9. At all times relevant herein, SkyWest' s GMM Chapter 7, Section 1, Acronyms and 

Definitions defined approved data as including the Fault Isolation Manual (FIM). 

I 0. At al

 tinles relevant herein, when troubleshooting an engine indicating and crew 

alerting system (EICAS) "XFLOW PUMP" message, the FIM required that the 

troubleshooter detennine whether the Maintenance Diagnostic Computer (MDC) had 

stored a message indicating whether the problem was caused by a failed fuel cross 

flow pump or a failed fuel quantity gauging computer. 

II. On or about March 4, 2013, a Skywest maintenance controller exercised operational 

control on behalf of Skywest airlines with respect to troubleshooting an "XFLOW 

PUMP" caution message on the aircraft's EICAS. 

12. The maintenance controller failed to detennine whether the "XFLOW PUMP caution" 

message was caused by a failed cross £low fuel pump or a failed fuel quantity gauging 

computer. 

13. In fact, the aircraft had registered a problem with its fuel quantity gauging computer 

on its MDC, and did not have a problem with the cross flow fuel pump. 

COMPLAINT 

FAA v. SkyWest Airlines, lnc. 

FAA Case No. 2013NM060083 

Page 3 of7 

ROBERT SPITZER, FA.AAITOI'WY 

TEL: (4Z5) Z27·l4J7; FAX (425) 227-1007 
10/24/2014 09:40 4252271007 ANM7 PAGE 05/09 

14. However, the maintenance controller erroneously instructed the pilots to defer the 

aircraft's cross flow pump under Sky West's MEL, which resulted in the aircraft's fuel 

cross flow pump being rendered inoperable. 

15. The maintenance controller failed to defer the fuel quantity gauging computer under 

the MEL. 

16. Skywest subsequently operated the aircraft on three (3) flights with a failed fuel 

quantity gauging computer, when the failed fuel quantity gauging computer had not 

been deferred in accordance with SkyWest's MEL. 

il 

I. By reason of the foregoing facts and circumstances, Sky West violated the following 

sections of the Federal Aviation Regulations (14 C.P.R.): 

a. Section 119. S(g), in that Sky West operated as a direct air carrier in violation of an 

appropriate operations specification, when it failed to follow its operation 

specifications, specifi.cally the Fault Isolation Manual, in diagnosing an EICAS 

message. 

b. Section 119.5(1), in that SkyWest operated an aircraft under Part 121 in violation of 

SkyWest's operations specifications, when it operated the aircraft with a failed fuel 

gauging computer that had not been deferred under the airline's MEL. 

c. Section 121.153(a)(2), in that SkyWest operated an aircraft which was not in an 

airworthy condition and did not meet the applicable airworthiness requirements, when 

it operated the aircraft with a failed fuel gauging computer that had not been deferred 

under the airline's MEL. 

d. Section 121.605, in that SkyWest dispatched or released an aircraft which was not 

airworthy, when it dispatched the aircraft with a failed fuel ga.uging computer that had 

not been deferred under the airline's MEL. 

e. Section 121.628(a)(5), in that SkyWest operated an aircraft •vith inoperable equipment 

installed without complying with all applicable conditions and limitations contained in 

the MEL, when they operated the aircraft failed fuel gauging computer that had not 

been deferred under the airline's MEL. 

2_ In accordance with Sections 46301(a) and (d) ofTitle 49 of the United States Code 

(U.S.C.) (Transportation) [49 U.S.C. Sections 4630l(a) and (d)), SkyWest is liable for a civil 

penalty not to exceed $27,500 for each of the violations noted. 

COMPLAJNT 

FAA v. Sky West Airlines, Inc. 

FAA Case No. 20BNM060083 

Page4 of7 

RO:Bl!.R.T S;MTZE'R., FAA AT'toRmY 

TEL: (425) 227-1417; FAX: (425) 227-!007 
10/24/2014 09:40 4252271007 ANM7 PAGE 05/09 

3. Under the facts and circumstances of this case, a civil penalty of $98,500 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law 

Judge enter an order that SkyWest be assessed a civil penalty in the amount of$98,500. 

Respectfully submitted this 24!1! day of October 2014. 

Robert Spitzer 

FAA Attorney 

COMPLAINT 

FAA v. Sky West Airlines, Inc. 

FAAC..eNo. :Z013NM0600S3 

PageS of1 

Roi!tttT SPITZER� FAA AITOR....'ffiY 

TEL: (425) 227-1417: FAX: (425)227-!007 
10/24/2014 09:40 4252271007 ANM7 PAGE 07/09 

ANSWER 

In accordance with Section 13.209 oftheFedera!AviationRegulations, SkyWest, must answer 

this Complaint not later than thirty (30) days from the time it is served on it. Failure to file an 

Answer within thirty (30) days without good cause shall be deemed an admission of the truth of 

each allegation contained in the Complaint (!4.C-F.R. § 13.209(£)]. 

COMPLAINT 

F M v. SkyWest Airlines, Jnc. 

FAA Case No. 2013NM060083 

Page 6 of7 

RoBERT SPITZER, F AAATTORNEY 

TilL: (425) 227-1417; FAX: (425) 227-1007 
1B/24/2Bl4 B9:4B 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complaint has been served via facsimile and certified mail -

Return Receipt Requested this date, to the following: 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2Wl 000 

Fax: (202) 493-5142 

Todd Emerson, Esq. 

SkyWest Airlines, Inc. 

444 South River Road 

St. George, ur 84790 

TEL: (435) 634-3530 

FAX: (435) 634-3505 

Dated this 24th day of October, 2014 cd{cy-

. '"' . 

_ � � _ ,/ / ·r •• t.f_ 

Ter/{KirK 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

PAGE 08/09 

COMPLAINT 

FAA v. SkyWestAirlinOlJ, Tnc. 

FAA Coso No. Z0!3NM060083 

Page 7 of7 

ROBERT SP!Tz.E.R, FAAATTOR'NEY 

TEL: (4Z5) 227-1417; FAX: (425) 227-1007 
10/24/2014 09:40 4252271007 

Diroot Dial: 435.634.3530 

Direct Fax: 435.634.3505 

e-mail: temorsoneom 

October 13, 2014 

VIA FEDERAL EXPRESS 

Federal Aviation Administration 

ATTN: Hearing Docket Clerk, AGC-430 

Wi.lbur Wright Building- Suite 2W1000 

800 Independence Avenue SW 

Washington, DC 20591 

Re: Case No. 2013NM060083 

Dear Sir/Madam: 

Th.e final Notice of Proposed Civil Penalty in the above-referenced case was 

received in our office on October 6, 2014. 

Pursuant to §13.16 (e) (2) (ii) of Federal Air Regulations, SkyWest Airlines hereby 

requests a hearing on this matter. 

�ely, 

��cTodd C. Emerson 

Director- Gov=ment and Legal Afairs 

TCE/jb 

cc: Robert Spitzer 

444 South River Road II St. George, Utah 84790 II Phone 435.634,3000 1/ www.skywest.com 

PAGE 09/09 
10/24/2014 09:40 4252271007 ANM7 PAGE 01/09 

FACSIMILE MESSAGE 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND A VENUE S.W. 

RENTON, WASHINGTON 98057 

The information contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use of the individual named on this cover sheet. 

If the reader of this message is not the intended recipient, you are hereby notified that any 

use, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this facsimile in error, please immediately notify us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

October 24, 2014 

DOT 

(202) 493-5142 

I NO. PAGES: 

FROM: 

FAX NO.: 

PHONE NO.: 

RE: SkyWest Airlines, Inc. EMAIL: 

2013NM060083 

COMPLAINT 

9 including cover 

Robert Spitzer 

( 425) 227-1007 

(425) 227-1417 

robert.spitzer(W,faa. gov