10/24/2014 09:47



### U.s. Deportment of Tromportatlon Federal Aviation Administration 

### October 24, 2014 4252271007 ANM7

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 Fax; (425) 227-1007 robert,spitzer@faa.gov


### VIA FACSIMILE AND CERTIFIED 

### MAIL -RETURN RECEIPT REQ1JESTED Attn: Hearing Docket Clerk, AGC-430 Hearing Docket Federal A viatlon Administration (WilburWright Bldg.
-- Room 2W 1 000) 

### 800 Independence Avenue S.W. Washington, D.C. 20591 

### Re: In the Matter ofSkyWest Airlines, FAA Case No. 2012NM060123 Enclosed is an original and one copy ofa request for hearing and Complaint in the abovereferenced proceediug. The Federal Aviation Administration (JAA) requests that the hearing in

### this matter be held in 

### Seattle, Washington, and expects that the hearing will last one (1) 

### day.
. PAGE 02/09



### For scheduling purposes, FAA attorney, Robert Spitzer will beunavailable December 1through December 31, 2014. Please address all communications for the FAA to the undersigned at: Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 Telephone (425) 227-1847 FAX (425) 227-1007 

# SW=/¢

Robert Spitzer FAA Attorney RS/tek Enclosures: Request 

### for Hearing (Appeal) Complaint10/24/2014 09:47 4252271007

ROBERT SPITZER FAA OFFICE OF REGIONAL COUNSEL 1601 LIND AVE, SW RENToN, WASHINGTON 98057 TELEPHONE: (425) 227-1417 FACSIMILE: (425) 227-1007 **ANI~7**



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In the Matter of: SkyWest Airlines, Inc. FAACaseNo. 2012NM060123 Judge Not Assigned


### COMPLAINT The Federal Aviation Administration (FAA.), by counsel, hereby files its Complaint, PAGE 03/09

pursuant to Rule 208 ofthe Rules ofPractice (14 Code ofFederalRegulations (C.F.R.) Section 13
_ 208), and states as follows: 

### I On October 

### l, 2014, SkyWest Airlines, Inc. was advised through a Final Notice of Proposed Civil Penaltythat the

### FAA proposed to assess a civil penalty in the amount of$42,000. On October 13, 2014, SkyWest Airlines, Inc., through

### its legal counsel, submitted 

### a written request for a hearing. 

### IL 1. SkyWest Airlines (SkyWest) is now and was at aU times relevant herein theholder of FederalAviation Administration (FAA) issued Scheduled Air Carrier Certificate No. 

### SWIAOllA

COMPLAINT FAA V. SkyWestAirlines, me. FAA Case Nc, 2012NN.!060123 Psge 2 of7 RoBER! **S}'1TZER~FMATTORN"'EY** TEL: (425) 227-1417; FAX: (425) 227-100710/24/2014 09:47 4252271007 ANH7 PAGE 04/09

2. At all times relevant herein SkyWest was authorized to conduct operations pursuant to Part 121 oftheFederalAviation Regulations (FAR). 3. At all times relevant herein, ParagraphD085 ofSkyWest's Operations Specifications (OpSpecs) authorized SkyWest to use civil aircraftN487CA, a Bombardier CL-600- 2B19 (the aircraft), in the conduct ofSkyWest'sPart 121 operations. 4. At all times relevant herein, Airworthiness Directive (AD) 2009-06-12, applied to the aircraft, and prohibited dispatch ofthe affected aircraft following a failure ofthe aircraft's flap system, except in accordance

**'1'\~.th**provisions inthe AD. 5. Specifically, theAD onlypermitted dispatch ofan aircraft following a flap failure provided the flap circuit breaker is reset, and the flaps are operatedfor five (5) full extension/retraction cycles with no failures, and the flight crewverifies that the thrust reversers, ground spoilers, and brake systems areoperational. 6. At all times relevant herein, Paragraph A072 ofSkyWest's OpSpecs, specifically Section 1.6.8 ofSkyWest's Gen.eral ProcedureManual, authorized the use of Sky West's form M-267 concerning dispatch following a flap failure. 7. The above-described form M-267 required that SkyWest maintenance controllers complete the items required byAD 2009-06-12, and that they fill out the form and fax it to SkyWest's Maintenance Control. 8. Onor about September 10, 2012, SkyWest operated the aircraft as Flight 4523 (aPart 121 flight) between Salt Lake City, Utah and Pasco, Washington. 9. During the

**above~described** flight, the aircraft indicated a flap fail caution message and the aircraft was unable to extend its flaps. 10. Afterlanding at Pasco, Washington, the aircraft's pilot, under the direction ofa SkyWest maintenance controller, reset the aircraft's flap circuit breaker and, under the direction ofthemaintenance controller, returned the aircraft to service. 11. However, at no time prior to the return ofthe aircraft to service following the flap failure did the flight crew recycle the flaps five times. 12. At no time priorto the return ofthe aircraft to servi.ce following the flap failure did any employee ofSkyWest comJ?lete the form M-267 and fax it to SkyWest's Maintenance Control. 13. At no time prior to the return ofthe aircraft to service following the flap failure did any employee ofSkyWest make an appropriate entry in the aircraft's maintenance log indicating that the requirements for returning an aircraft to service had been accomplished. COMPLAJNT F

M v. SkyWestAirlines, Inc. FM Case No. 20l2NM060123 Pnge3of7 RoBERT Sroztt; FAAATTOBJ.J"RY TEL: (425) ZZ7-1417; FAX: (425)227-100710/24/2014 09:47 4252271007 ANM7 PAGE 05/09

14. The aircraft was subsequently dispatched and operatedby SkyWest as flight 4518 (a Part 121 flight) between Pasco, Washington and Salt Lake City, Utah. 15. During the above-described flight, the aircraft indicated a flap fail caution message. 16. 

### By reason ofthe above, SkyWest operated a product that dl.d n.ot meet the requirements ofan applicable AD. 17. Byreason ofthe above, SkyWest operated as a direct 

### air carrier when 

### it failed to comply with its operations specifications. 18. Byreason ofthe above, SkyWest operated an aircraft under Part 121 when

### it failed to comply with its operations specifications. 19. By reason ofthe above, SkyWest operated an aircraft when the aircraft was not in an airworthy condition. 20. Byreason ofthe above, SkyWest failed to keep records necessaryto show that all the requirements for the issuance ofan airworthiness release under 14 Code ofFederal Regulations 

### (C.F.R) Section 121.709 had beenmet. 21. 

### By reason ofthe above, SkyWest operated the aircraft following the flap failure when there was no appropriate entry in the aircraft log. 

### ilL l. 

### By reason ofthe foregoing facts and circumstances, SkyWest violatedthe following sections ofthe Federal Aviation Regulations (14 C.F.R):
a. Section 39.7, when it operated the aircraft without complying with the requirements of the Airworthiness Directive concerning flight following a flap failure; b. Section 119.5(g), when it operated as a direct air carrier when it failed to complywith its Operations Specification concerning the dispatch ofthe aircraft following a flap failure;
c. Section 119.5(1), whenit operated the aircraft under Part 121 when itfailed to comply with its Operations Specification concerning the dispatch ofan aircraft following a flap failure; d. Section 121. 153(a)(2), when 

### it operated the aircraft when 

### it was not airworthy;
e. Section 121 .380(a)(l), when it failed to keep records necessary to show that the requirements oftheAirworthiness Directive had been met; and
COMPLAlNT FAA v. SkyWestAir1ines, lnc, FAA Case0/o, 20l2NM060123 Page 4 of 7 ROB/1'RT SPITZER1FAAATT01lli"£Y TEL: (425) 227-1417; fAX: (425) 227-100710/24/2014 09:47 4252271007

**ANI~7**



### f. Section l21.790(a)(2), when it operated the aircraft following the flap failure when there was not an appropriate entry in the aircraft log. 2. In accordance with Sections 46301(a) and (d) ofTitle 49 ofthe United StatesCode (U.S.C.) (Transportation) [49 U.S.C. Sections 4630l(a) and (d)], Sk.yWest is liable for a civil penalty not to exceed $27,500 for each ofthe violations noted. PAGE 05/09

3. Underthefacts and circumstances ofthis case, a civil penalty of$42,000 is appropriate. WHEREFORE, the Agency, 

### by

**counse~** respectfully requests that the Administrative Law Judge enter an orderthat Sk.yWest be assessed a civil penalty 

### in the amount of$42,000.
Respectfully submitted this 24lli day ofOctober 2014.

Robert Spitzer FAA Attorney

COMPLAINT FAA v. SkyWestAirlines, lnc. FAACase No. 20!2NM060!23 Poge 5of? RO'ERT SPITZER, FAAATIOR.NEY TEL: (425) Z27-1417; FAX: (425) 227-100710/24/2014 09:47 4252271007

**ANI~7** PAGE 07/09



### ANSWER In 

### accordancewith Section 13.209 oftheFederal Aviation Regulations, SkyWest, must answer this Complaintnot later than thirty (30) days from thetime it is served on it. Failure to file an Answer within thirty (30) days without good cause shall be deemed an admission ofthe truth of each allegation containedin the Complaint [14.C.F.R. § 

### 13.209(f)].

COMPLAlNT !'

M v. SkyWestAi<lines, Inc. FA.;. Case No. 2012NM060123 Page 6 of7 **Ro~E>T** SPITZER, FMATIOWI'" TEL: (425) 227-1417;FAX: (425) 227-!00710/24/2014 09:47 4252271007 ANM7


## CERTIFICATE OF SERVICE I hereby certifY that the foregoing Complaint has been served viafacsimile and certified mail

- ReturnReceipt Requested this date, to the following: Federal Aviation Administration (Original 

### and one copy) 800 Independence Avenue SW

**Wa~ngton,D.C.** 

### 20591 

### Attn: Hearing Docket Clerk, AGCA30 Wilbur Wright 

### Building- Suite 2\VlOOO 

### Fa.x: (202) 493-5142


### Todd Emerson, Esq. SkyWest Airlines, Inc. 444 SouthRiverRoad 

### St. George, 

### UT 84790 TEL: (435) 634-3530 FAX: 

### (435) 634-3505 Dated

### this 241 h 

### day ofOctober, 

### 2014.0 

# /·-· !'
Terri Office ofRegional Counsel (AN:M-7) Federal Aviation Administration 

### 1601 Lind Ave. SW Renton, WA 98057 (425) 

### 227-2007 PAGE 08/09

COMPLAINT FM v. SkyWo5'tAi.rlines, lnc. FMCase No. 2012NM0601Z3 Page 7 of7 ROBERT SPITZER,PMATTORNEY TEL: (425) 227-1417; FAX: (425) 227-100710/24/2014 09:47 4252271007

DirectDial: 435.634.3530 DirectFax: 435.634.3505 e-mail; temerson@skyweg. com ANM7

October 13, 20!4
VlA FEDERAL EXPRESS Federal AviationAdministration ATTN: HearingDocket Cler.k,

**AGC~430** 

### Wilbur Wright Building- Suite 2Wl000 800 Independence Avenue SW Washington, DC 20591 Re: Case :"'o. 2012NM060123 Dear Sirll\1.adam: The FinalNotice ofProposedCivilPenalty inthe
**above~referenced** casewas received 

### in. our office on October 6, 2014. Pursuantto 

### §13.16 (e) (2) (ii) ofFederal AirRegulations, 

### Sky WestAirlines hereby requests 

### ahearing ontb.is matter.

**~y,**



# ~cL Todd C. Emerson Director- Govermnent and Legal Affairs TCE/jb
cc: Robert Spitzer

444 South River Road // StGeorge,Utah 84790 t! Ph011e 435.634.3000 // www.skywest.com PAGE 09/0910/24/2014 09:47 4252271007 ANM7



### FACSIMILEMESSAGE FEDERAL AVIATION ADMINISTRATION OFFICE OF REGIONAL COUNSEL

**Ai~M-7** 

### 1601 LIND AVENUE 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 ofthe individual named onthis cover sheet. Ifthe reader ofthis message is notthe intended recipient, you are hereby notified that any use, dissemination, distribution, or copy ofthis facsimile is strictly prohibited. Ifyou have received this facsimile in error, please immediately notify us by telephone at 425-227-2007. PAGE 01/09



### DATE: TO: FAX NO.: PHONE NO.: October 24, 2014 DOT 

## (202) 493-5142 RE: SkyWest Airlines, Inc. 2012NM060123 NO. PAGES: FROM: FAXNO.: PHONE NO.: EMAIL: 

## 9 including cover Robert Spitzer (425) 227-1007 (425) 227-1417 robert.spitzer@faa.gov 

## COMPLAINT