08/17/2012 08:27 4252271007 ANM7 

FACSIMILE MESSAGE 

FEDERAL AVIATION ADl\1INTSTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND AVENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/08 

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

information and is intended 011Iy 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 facsi.roile in error, please immediately notify us by telephone at 

425-227-2007. 

DATE: August 17, 2012 NO. PAGES: 8 including cover 

TO: FAA, Hearing Docket FROM: Jeffrey Harper 

Clerk; AGC-430 

FAX NO.: (202) 493-5142 FAX NO.: (425) 227-1007 

PHONE NO.: PHONE NO.: (425) 227-2161 

RE: Sky West Airlines, Inc. EMAIL: jeffrey.h~er(w,faa.gov 

2011NM060049 

Complainant's Initial Discovery Request. 
08/17/2012 08:27 4252271007 ANM7 PAGE 02/08 

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JEFFI<EY M. HARPER 

FAA OFFICE OF REGIONAL COUNSEL · 

1601 LIND A VENUE SOUTHWEST 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227-2161 

FACSIMILE: (425) :2:27-1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, n:c. 

In the Matter of: 

SkyWest Airlines, Inc. 

FAA DOCKET Not As~igned 

FAA Case No. 2011NM060049 

OMS Nos. FAA-2012-0776 

·Judge Richard C. Goodwin 

COMPLAINANT'S INITIAL DISCOVERY REOUEST 

To: Respondent 

In accordance with 14 C.F.R .. § 13.220 and the Federal.Rules of Civil Procedure, please respond 

to the following Interrogatories, Requests for Production of Docurnel\tS, and Requ.est for 

Admissions, separately and fully und.er oath by SeptembeJ: 17, 2012 

11Jese discovery requests are intended to discover information and/or docrunents not onJy 

within your personal knowledge or obtainable by you, but also information in the possession of 

or obtainable by your attorneys, investigators, representatives, employees, agents, or anyone 

acting on your behalf or on their behalf. 

T11ese discovery requests are continuing in nature and any infonnation which may be 

discovered by you subsequent to the service and filing of your answers must be brought to the 

attention ofthe agency attorney through supPlemental answers when it becomes available to 

you, at a reasonable time prior to tl1e hearing in this matter. If there are any additions, deletions 

or changes in the answers or iilfOim,ation provided at any time prior to hearing the Respondent 

is specifically requested to so immediately inform the agency a.ttomey. If Sllch information is 

not furnished, the agency attorney at the time of the hearing will move to exclude from evidence 

such information requested and not furnished. · 

The agency attorney further requests that the Respondent produce· the documents identified and 

designated herein. for inspection and copying at the Federal Aviation Administration (FAA) 

Office of Regional Counsel, Suite 570, 1601 Lind Avenue, Sou.thwest, Renton, Washington 

98057, by SeptembeJ:" 17.2012. 

Complainant's tnitia1 Di.:::cov~::ry Request 

Skywest Airlines- 201INM060049, FAA-2012-0776 

Page I or7 

JEFFREY M. HAANl!t, FAA ATTORNEY 

TEJ.: (425) 2Z7,n6I; FAX: (425) 227-1007 
08/17/2012 08:27 4252271007 ANM7 PAGE 03/08 

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'PRIVILEGE 

If, in respo~.diug to, or failing to ;espOJld to these Interrogatories, Requests for Admission and 

Requests for Production you invoke or rely upon any privilege of any kind, state specifically the 

nature of the privilege; the basis upon which you invoke, rely upon, or claim it, including any 

statutory or decisional reference; and identify all documents or other informstion, including 

contacts and communications. which you believe to be embraced by the privilege invoked. 

DATED this 17th day of August, 2012. 

J.t:~-#~ FAA Attorney 

Complainant's lnitiF.Ll.Di.seovery Requr::st 

SJ<ywest Airlines- 201INM060049, FAA-2012-0776 

Page 2 of7 

1"-Fl'R.EY M. HARPER, FAA ATTORNEY 

TEL: (425) 227·2161; FAX: (425) 2:27-1007 
08/17/2012 08:27 4252271007 ANM7 PAGE 04/08 

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INTERROGATORIES 

Interrogatorv No. I: 

know to have person 

Identify by name, address, and telephone nwnber all persons whom you 

al knowledge of the matters alleged in the Complaint. 

Jnterrogaton: No. 2: 

documents, including 

Identify by title, date, author, present custodian, and content, all 

correspondence, obtained by you or in your possession, relating to the 

plaint, your appeal, your answer, and any affirmative defenses which you 

this matter. See Request for Production No. 1. · assertions in the Coro 

anticipate raising in 

Interrogaton: No.3: Identify by nan1e, address and telephone nwnber, all persons whom you 

as a factual or expett witness in your .defense at the hearing in this matter, 

sses, provide a detai.)ed sununru:y of each person's anticipated testimony. 

intend to have testify 

and for factual witne, 

lnterrogaton: No.4: 

which you anticipate 

Identify by title, date, author, present custodian, and content, all docuo'J.ents 

offering into evidence or using at the hearing in this matter, and through 

which witness or wi tnesses the docuni.ent v.ill be offered. See Request for Production No. 2. 

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

specify their specific area of expertise, and. provide a synopsis of their 

und, training, and experience. 

Interrogatory No. 3, , 

credentials, backgw 

Interrogaton: No. 6: 

subject matter Oll wl 

With respect to each expert you expect to call as a witness, state the 

:Uch the expert is expected to testify, state the substance ofthe facts and 

opinions to which th e expert is expected to testify, and provide sunimru:y of the grounds for 

each such opinion. 

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

the course of the he aring in this matter pertaining to the avoidance or mitigation of the san.ction 

sought by the FAA m · this case. · 

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

ation, all persons, other than legal counsel or your spouse, with whom you 

matters alleged in the Complaint. 

substance of convers 

have disc)lSsed the 

Interrogaton: No. 2: For each allegation in the Complaint that is denied-whether outright or as 

ufficient inforn1ation or knowledge from which to form a belief as to the 

n-state with specificity the facts that are the basis for that denial as well a.s 

determine that the allegation in the complaint is not correct. See Request 

a result of having s 

truth ofthe allegatio 

the inquiries taken to 

for Production No. 3 

lnterrogaton: No. I 0 : For any of the requests for admissions below that is denied, state with 

that are the basis for that denial as well as the inquiries taken to determine 

equest for admission are not correct. See Request for Production No.4. 

specificity the facts 

that the facts in the r 

Interrogaton: No. 11 : Describe with specificity all facts or evidence you. intend to rely upon in 

support of any affi mnative · defenses raised in any Answer to the Complaint, to include 

identifying the speci fie FAA policy you claim is violated by the proposed penalty in these cases. 

See Request for Pro duction No.5. 

Complainant's Initial D isc.overy Request 

Skywest Airlines- 201 l NM060049, FAA·20l2·0776 

Pago 3 of7 

J~Y'f\1". HARPER, FAA A ITORNEY 

TEJe; (425) 227-2161; FAX: (4Z!5) 227-1007 
BB/17/2012 B8:27 4252271BB7 ANM7 PAGE 05/08 

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REQUESTS FOR PRODUCTION 

Regyest for Production No. 1: 

Interrogatory No. 2 

Provide a copy of all docum.ents referred to in your answer to . 

Reguest for Producti.on No. 2: Provide a copy of all documents referred to in your answer to 

Interrogatory No. 4. 

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

Interrogatory No. 9. 

Reguest for Production No. 4; Provide a copy of all documents that support your answer to 

-Interrogatory No. 10. 

Reguest for Producti.on No.5: Provide a copy of all documents that support your answer to 

Interrogatory No. 11. 

REODEST FOR ADMISSIONS 

Under 14 C.P.R.§ 13,220(b) and Rule 36 of the Federal Rules ofCivi1 Procedure, you are 

requested to admit the truth o f the following matters. A matter is admitted unless responded to 

in a reasonable tb::ne. T11e Ru1 es ofPractice in FAA Civil Penalty Actions, 14 C.P.R. § 

13 .220( d), defines a reasonab le time to be 30 days. The agency requests that an answer is 

rney either admitting the matter, specifically denying the matter, 

be admitted or denied, or objecting to the request, with reasons 

thin 30 days ofthe date of service upon you, that is, 

served upon the agency atto 

stating why the matter cannot 

for the objection stated wi .. 

September 17,2012. 

Reguest for Admission No. 1: 

Sky West Airlines had opera · 

Quarterly Fi.uancialReview ( 

Office of Aviation Analysis, 

Admit that, for the 12 month period ending Decetnber 2011, 

:ling revenues in excess of $100 million, as shown by the Airline 

4th Quarter 2011) published by the Department of Transportation, 

Competition and Policy Analysis Division. 

Reguest for Admission No. 2 : Ad!:nit that, as of December 31, 2011, Sky West Airlines employs 

more than 1,500 employees, as shown by Sb.-yWestAirliues' 2011 Annual Report. 

Reguest for Admission No.3 : Admit that Sky West Airlines has the financial ability to pay the 

$50,0()0 ~equested civil penal ty in FAA Case No. 2011NM060049, FDMS No. FAA-2012-

0776. 

Reguest for Admission No. 4 : Arunit that at all times relevant to the Complaint, the Sky West 

ctice 4100, Part XII, revision Orig of 1 APR 1 0), Chapter 4, · 

caution substantially similar to; 

W &B Manual (Staudard Pra 

paragraph 6.B.4 contained a 

Complainant~s Initial Discovery R cqucst 

Slcywest Alrlines- 20llNM06D04 9, FAA·2012-0776 

Page 4 of7 

JEFFREY M. HAlt~'"' FAA A 'ITO!<NlW 

TEL: (425) 227-2161; FAX (425) 227-1007 
08/17/2012 08:27 4252271007 ANM7 PAGE 05/08 

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0CAUTION -When loading ballast, the CS Ground 

gent verifies ballast does not exceed 

weight limit. 

Operations A 

floor bearing 

Reguest for Admission No. 5: Admit that from September 22, 2011 to present, the.SkyWest 

W&B Manual (Standard Practi ce 4100, Part XII, revision 01 of 22 SEP 11 ), Chapter 4, 

paragra,ph 6.B.4 contains a cau tion substantially similar to: 

0cAUTION -When loading ballast, the CS ground 

operations a gent vetifies ballast does not exceed floor 

bearing weig ht limit. Ballast may not be. stacked when floor 

bearing weig ht limits may be exceeded. 

Reguest for Admission No. 6: 

2011 reflects the loading of 55 

Reguest for Admission No.7: 

March 17, 2011 took theform 

Reouest for Admission No. 8: 

Admit that the Cargo Load Report for F1ight 4 729 of March 1 7, 

0 pounds of ballast aboard the flight in the aft cargo bin. 

Admit that the 550 pounds of ballast aboard Flight 4729 of 

of 50 pound ballast bags. 

top of each aboard :for Flight 4 

Admit that two or more 50 pound ballast bags'were stacked on 

729 ofMarch 17,2011. 

Reguest for Admission No. 9; Admit that at all times relevant to the Complaillt Sky West's 

ce 4100, Part XII, revision Orig of 1 APR 1 0) prohibited 

on top of each other. 

W &B Manual (Standar.d Practi 

stacking 50 pound ballast bags 

Reguest for Admission No. 10: Admit that three Sky West 50 pound ballast bags stacked atop 

each other would exceed the fJ oor loading limit of the aft cargo bin ofN464SW. 

Reguest for Admission No. 11: Admit that Sky West paid a civil penalty in FAA Case 

No. 2009NM060023. 

Reguest for Admission No. 12. · Admit that a violation in FAA Case No. 2009NM060023 

involved Sky West loading car go contrary to approved procedures in Sky West's OpSpecs. 

Reguest for Admission No. 13 : Admit that Sky West paid a civil penalty in FAA Case 

No. 2009NM060050. 

Reguest for Admission No. 14 

involved Sky West loading car 

: Admit that a violation in FAA Case No. 2009NM060050 

go contrary to approved procedures in: Sky West's OpSpecs. 

Reguest for Admission No. 15 : Admit that Sky West paid a civil penalty in FAA Case 

No. 2009NM060124. 

Compla1nMt's Initial Discovery Req ues;t 

FAA-2012-0776 

JEPJ'REY M. HARPER. FAA ATTORNEY 

Skywcst Airlines- 20!1NM060049, TEL: (425)227·2161; FAX: (425) 227-1007 

Page 5 of7 
08/17/2012 08:27 4252271007 ANM7 PAGE 07/08 

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Reguest for Admission No. 16: Admit that a violation in FAA Case No. 2009NM060124 

involved SkyWest loading carg o contrary to approved procedures in Sky West's OpSpecs. 

Reguest for Admission No. 17: Admit that Sky West paid a civil penalty in FAA Case 

No. 2010NM060020. 

Reguest for Admission No. 18: Admit that a violation in FAA Case No. 2010NM060020 

illvolved Sky West loading carg o contrary to approved procedures in Sky West's OpSpecs. 

Reguest for Admission No. 19: Admit that Sky West paid a civil penalty in FAA Case 

No. 2010NM060068. 

Reguest for Admission No. 20: 

involved. Sky West loading carg 

Adrnlt that a violation in FAA Case No. 201 ONM060068 

o conttary to approved procedures in Sky West's OpSpecs. 

R52!Juest for Admission No. 21: Admit that Sky West paid a civil penalty in FAA Case 

No. 2010NM060076. 

Reguest for Admission No. 22: Admit that a violation in FAA Case No. 2010NM060076 

involved Sky West loading carg o contraiy to approved procedures in Sky West's OpSpecs. 

Reguest for Admission No. 23: Admit that Sky West paid a civil penal.ty in FAA Case 

No. 2010NM060100. 

R~uest for Admission No. 24: Admit that a violation in FAA Case No. 2010NM0601 00 

involved Sky West loading cargo contrary to approved procedures in Sky West's OpSpecs. 

Reguest for Admission No. 25: Admit that Sky West paid a civil penalty in FAA Case 

No. 2010NM060106. 

Reou.est for Admission No. 26: Adrnlt that a violation in FAA Case No. 2010NM0601 06 

involved Sky West loading c argo contrary to approved procedures in Sky West's OpSpecs. 

Com:plainant's Initia.l Discovery Rcq 

Skywcst Airlines- 201 1NM060049, 

Page 6 of? 

ucst 

FAA-201 2-0776 

JEI'FR.EY lvt HARP'E'.R., FAA ATT(?RNEY 

TEL: (425) 227-2161; FAX: (425) 227-1007 
08/17/2012 08:27 

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4252271007 ANM7 

CERTIFICATE OF S:ERVICE 

6 I hereby certify that the foregoing Complainant's Initial Discovery Requests has been served 

7 via facsimile aud certifi.ed mail -Return Receipt Requested this date, to the followiug: 

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The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. . 

East Building Ground Floor, Rm. E12-320 

Washington, D;C. 20590 · 

TEL: (202) 366-2139 

FAX: (202) 366-7536 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite ZWl 000 

Federal Aviation Administration 

800 Independe!lCe Ave. SW. 

Washington, DC 20591 

FAX: (202) 493-5142 

Todd Emerson, Esq. 

Sky West Airlines 

444 S. River Road 

St. George, UT 84790 

TEL: (435) 634-3530 

FAX: (435) 634-3505 

" DATEDthis !7thdayofAugust,2012. 

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r·· " A41a:d?tzr2 l&:;:s;;;~rri-, · 

" Dana Stephenson 

Office ofRegional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 9&057 

(425) 227-2164 

PAGE 08/08 

Complainant's Initial Discovery Request 

S\<;ywcst Airlines- 2011 NM060049, F AA-20U-0776 

Page 7 of7 

JEFFREY M' HARPER, .p AA ATtORNEY 

TEL: (425) 227-2161; FAXo (425) 227-1007