SERVED DECEMBER 2, 2011 ^'^^•"^^;cV^^'^^y^^^ 

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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHrNGTON, DC 

IN THE MATTER OF 

SKYWEST AIRLINES 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-20II-0485 

IN THE MATTER OF 

SKYWEST AIRLINES 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penally Action) 

•• FDMS No. FAA-2011-0486 

ORDER GRANTING IN PART COMPLAlNANT^S IVIOTION 

F OR DECISION IN FDMS NO. FAA-2011-0486. 

LIMITING PROCEEDING T O ISSUE O F SANCTION 

Complainant Federal Aviation Administration ("Complainant" or '"the agency") 

filed a Motion for Decision or, in the Alternative, Motion for Summary Judgment 

("Motion") in one of these consolidated matters, FDMS No. FAA-2011 -0486 ("0486"). 

The Motion, filed under Rule 218(f)(5) of the Rules of Practice in FAA Civil Penalty 

Actions, 14 C.F.R. §13.218(0(5), argues that Respondent SkyWest Airlines, hic. 

("Respondent" or "SkyWest") has admitted all the relevant facts underlying the agency's 
asserted violations of the Federal Aviation Regulations ("FARs"); therefore, the agency 

states, the pleadings, additional submissions, and Respondent's admissions establish that 

no genuine issue of materia! fact exists and that Complainant is entitled to judgment as a 

matter of law. The Motion further asserts that the agency's proposed civil penalty of 

$33,000 is supported by relevant criteria and should be adopted. 

The Complaint in 0486 alleges that on November 17, 2010, SkyWest, a Part 121 

air canier, loaded three "heavy" bags - defined in the carrier's Weight & Balance 

Operations Manual ("W & B Manual") as any bag weighing more than 50 but less than 

100 pounds - onto a Bombardier CL-600-2C10 civil aircraft which was to operate as 

Flight 6573 from Denver International Airport, Denver, CO, to Yampa Valley Aiiport, 

Hayden, CO. However, the Complaint asserts, SkyWest loading agents responsible 

under the W & B Manual for marking the number of heavy bags loaded in the "Heavy 

Checked" block on the Cargo Load Report ("CLR") failed to account for two of the three 

heavy bags. Flight 6573 proceeded to its destination. Upon landing, the Complaint 

continues, an agency Aviation Safety Inspector conducted an inspection and noted the 

alleged irregularity. The Complaint charges that, in view of the aforementioned 

assertions, SkyWest Flight 6573 violated the following five Federal Aviation Regulations 

("FARs"): FAR §§l 19.5(g) (operating as a direct air carrier in violation of operations 

specifications); 119.5(1) (operating under Part 121 in violation of operations 

specifications); 121.693(a) (operating a flight without a load manifest that accurately 

refiected the weight of the cargo and baggage); 121.693(c) (operating a flight when the 

total weight had not been computed under approved procedures); and 121.693(d) . 

(operating a flight when the aircraft had not been loaded according to an approved 

schedule), hi support of its Motion, Complainant argues that Respondent's Amended 

Answer admitted the salient facts underlying each charge. Respondent's several 

affirmative defenses, the Motion states further, are irrelevant to its allegations. 

Respondent answered in opposition to the Motion. It argues, in conformance with 

its affirmative defenses, that the weight differentials cited were "nominal at best" and had 

no effect on performance or overall safety. SkyWest further asserts that it has taken 

several coiTCctive steps to ensure future compliance. It insists that the acknowledged 

baggage miscount was not critical to flight safety. Finally, SkyWest ai'gues that the 

agency's proposed penalty amount is excessive and unwarranted. 

I conclude that Complainant is entitled to summar>'judgment on the question of 

liability. It has met its burden under Rule 218(0(5) of showing that no genuine issue of 

material fact exists concerning the charges and that it is entitled to a decision as a matter 

of law. Complainant's assertions and supporting documents it has attached to the 

Motion, together with Respondent's Amended Answer to the Complaint, establish, I 

conclude, that Respondent violated FAR §§119.5(g) and (1). and §§121.693(a), (c), and 

(d) as charged. Respondent's Amended Answer and its answer in opposition lo the 

Motion simply fail to meet the substance of any of the charges. 
The facts thus determined, however, do not establish the appropriate sanction. 

The relevant evidence and argument on the issue of civil penalty are genuinely contested. 

The issue of penalty will be heard as part of the consolidated hearing. 

WHEREFORE, it is ORDERED as follows; 

1. Complainant's Mofion for Decision is GRANTED IN PART; 

2. 

3. 

Respondent is found in violation of 14 C.F.R. §§119.5(g), 119.5(1), 

121.693(a), 121.693(c), and 121.693(d) as stated in this Order; and 

The hearing in DMS No. FAA-2011-0486 will be limited to the issue of 

sanction. 

/ y 

^ ... 

l^ichard C Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
FDMS Nos. FAA-2011 -0485^ 

& FAA-2011-0486 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL i& ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Todd C. Emerson, Respondent's Represenradve 

Director ~ Government and Legal Affairs 

SkyWest Airlines 

444 South River Road 

St. George, UT 84790 

TEL: 435-634-3530 

FAX: 435-634-3505 

Michael L. Dworkin, Respondent's Counsel 

465.California Street, Suite 210 

San Francisco, CA 94104 

TEL: 415-421-02500 

FAX: 415-421-2560 

Jeffrey M Harper, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton,WA 98057 

TEL: 425-227-2161 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Adminisirafive Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

' Service was by U.S. Mail. For se^'ice in person or by expedited courier, use tlie following address: Federal 

Aviation Adininislralion, 600 Independence Avcnne. S.W., Wilbur Wriglil Building—Siiilc 2W1000, Wasliington, 

DC 20591; Attention: Hearing Docket Clerk. AGC-430.