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 

(Wilbur Wright 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 of a 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 be unavailable December 1 through 

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) 

Complaint 
10/24/2014 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. FAA Case No. 2012NM060123 

Judge Not Assigned 

COMPLAINT 

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

PAGE 03/09 

pursuant to Rule 208 of the Rules of Practice (14 Code ofFederal Regulations (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 Penalty that 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 the holder of 

Federal Aviation 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) 227-1007 
10/24/2014 09:47 4252271007 ANH7 PAGE 04/09 

2. At all times relevant herein SkyWest was authorized to conduct operations pursuant to 

Part 121 of the Federal Aviation Regulations (FAR). 

3. At all times relevant herein, Paragraph D085 of SkyWest's Operations Specifications 

(OpSpecs) authorized Sky West to use civil aircraft N487CA, a Bombardier CL-600-

2B19 (the aircraft), in the conduct ofSkyWest's Part 121 operations. 

4. At all times relevant herein, Airworthiness Directive (AD) 2009-06-12, applied to the 

aircraft, and prohibited dispatch of the affected aircraft following a failure of the 

aircraft's flap system, except in accordance '1'\~.th provisions in the AD. 

5. Specifically, the AD only permitted dispatch of an aircraft following a flap failure 

provided the flap circuit breaker is reset, and the flaps are operated for five (5) full 

extension/retraction cycles with no failures, and the flight crew verifies that the thrust 

reversers, ground spoilers, and brake systems are operational. 

6. At all times relevant herein, Paragraph A072 of SkyWest's OpSpecs, specifically 

Section 1.6.8 of SkyWest's Gen.eral Procedure Manual, 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 by AD 2009-06-12, and that they fill out the form and fax 

it to Sky West's Maintenance Control. 

8. On or about September 10, 2012, SkyWest operated the aircraft as Flight 4523 (a Part 

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. After landing at Pasco, Washington, the aircraft's pilot, under the direction of a 

SkyWest maintenance controller, reset the aircraft's flap circuit breaker and, under the 

direction ofthe maintenance controller, returned the aircraft to service. 

11. However, at no time prior to the return of the aircraft to service following the flap 

failure did the flight crew recycle the flaps five times. 

12. At no time prior to the return of the aircraft to servi.ce following the flap failure did 

any employee of SkyWest comJ?lete the form M-267 and fax it to SkyWest's 

Maintenance Control. 

13. At no time prior to the return of the aircraft to service following the flap failure did 

any employee of SkyWest 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. SkyWest Airlines, Inc. 

FM Case No. 20l2NM060123 

Pnge3of7 

RoBERT Sroztt; FAAATTOBJ.J"RY 

TEL: (425) ZZ7-1417; FAX: (425)227-1007 
10/24/2014 09:47 4252271007 ANM7 PAGE 05/09 

14. The aircraft was subsequently dispatched and operated by Sky West 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 of the above, SkyWest operated a product that dl.d n.ot meet the 

requirements of an applicable AD. 

1 7. By reason of the above, SkyWest operated as a direct air carrier when it failed to 

comply with its operations specifications. 

18. By reason of the above, SkyWest operated an aircraft under Part 121 when it failed to 

comply with its operations specifications. 

19. By reason of the above, Sky West operated an aircraft when the aircraft was not in an 

airworthy condition. 

20. By reason of the above, SkyWest failed to keep records necessary to show that all the 

requirements for the issuance of an airworthiness release under 14 Code of Federal 

Regulations (C.F.R) Section 121.709 had been met. 

21. By reason of the above, Sky West operated the aircraft following the flap failure when 

there was no appropriate entry in the aircraft log. 

ilL 

l. By reason of the foregoing facts and circumstances, SkyWest violated the following 

sections of the 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 comply with 

its Operations Specification concerning the dispatch ofthe aircraft following a flap 

failure; 

c. Section 119.5(1), when it operated the aircraft under Part 121 when it failed to comply 

with its Operations Specification concerning the dispatch of an 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 of the Airworthiness Directive had been met; and 

COMPLAlNT 

FAA v. SkyWestAir1ines, lnc, 

FAA Case 0/o, 20l2NM060123 

Page 4 of 7 

ROB/1'RT SPITZER1 FAA ATT01lli"£ Y 

TEL: (425) 227-1417; fAX: (425) 227-1007 
10/24/2014 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) of Title 49 of the United States Code 

(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 of the violations noted. 

PAGE 05/09 

3. Under the facts and circumstances of this case, a civil penalty of$42,000 is appropriate. 

WHEREFORE, the Agency, by counse~ respectfully requests that the Administrative Law 

Judge enter an order that Sk.yWest be assessed a civil penalty in the amount of$42,000. 

Respectfully submitted this 24lli day of October 2014. 

Robert Spitzer 

FAA Attorney 

COMPLAINT 

FAA v. SkyWestAirlines, lnc. 

FAA Case No. 20!2NM060!23 

Poge 5 of? 

RO'ERT SPITZER, FAAATIOR.NEY 

TEL: (425) Z27-1417; FAX: (425) 227-1007 
10/24/2014 09:47 4252271007 ANI~7 PAGE 07/09 

ANSWER 

In accordance with Section 13.209 of the Federal Aviation Regulations, Sky West, 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 [14.C.F.R. § 13.209(f)]. 

COMPLAlNT 

!' M v. SkyWest Ai<lines, Inc. 

FA.;. Case No. 2012NM060123 

Page 6 of7 

Ro~E>T SPITZER, FMATIOWI'" 

TEL: (425) 227-1417; FAX: (425) 227-!007 
10/24/2014 09:47 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 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 South River Road 

St. George, UT 84790 

TEL: (435) 634-3530 

FAX: (435) 634-3505 

Dated this 241

h day of October, 2014.0 

/·-· !' 

Terri 

Office of Regional 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. 

FM Case No. 2012NM0601Z3 

Page 7 of7 

ROBERT SPITZER, PM ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
10/24/2014 09:47 4252271007 

Direct Dial: 435.634.3530 

Direct Fax: 435.634.3505 

e-mail; temerson@skyweg. com 

ANM7 

October 13, 20!4 

VlA FEDERAL EXPRESS 

Federal Aviation Administration 

ATTN: Hearing Docket Cler.k, AGC~430 

Wilbur Wright Building- Suite 2Wl 000 

800 Independence Avenue SW 

Washington, DC 20591 

Re: Case :"'o. 2012NM060123 

Dear Sirll\1.adam: 

The 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, Sky West Airlines hereby 

requests a hearing on tb.is matter. 

~y, 

Todd 

~cL 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 09/09 
10/24/2014 09:47 4252271007 ANM7 

FACSIMILE MESSAGE 

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 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. 

PAGE 01/09 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

October 24, 2014 

DOT 

(202) 493-5142 

RE: SkyW est Airlines, Inc. 

2012NM060123 

NO. PAGES: 

FROM: 

FAX NO.: 

PHONE NO.: 

EMAIL: 

9 including cover 

Robert Spitzer 

(425) 227-1007 

(425) 227-1417 

robert.spitzer@faa. gov 

COMPLAINT