0 2/ 11 /20 1.0 1.1: 23 FAX^.ii5 J_2j_jjg7 -'^NM- 7 121002 

DFPTOFTiiANSPORmF 

SCOTT R. MORRIS -• .• .'i^HS 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LINDAVE.,SW •;••: iq YD > I Q 

RENTON, WASHINGTON 98057 

TELEPHONE: 425.227.1417 

FACSIMILE: 425.227.1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In tlw Matter of: 

Sky West Airlines 

FAA DOCKET CP 09NM00I2 

FAA Case Ho. 2009NM060042 

DMS No. FAA-2009-0979 

Judge Goodwin 

COMPLAINANTS RESPONSE TO RESPONDENTS' INrflAL DISCOVERY 

REQUEST 

Complainant, tfatxjugh his undersigned counsel, hereby responds to Respondent's Initial discovery 

request, served on Jantiaiy 22, 2010, as follows; 

INTERROGATORIES AND REQUESTS FOR PRODUCTfON OF DOCUMENTS 

INTERROGATORY NO, 1: Identify all persons who assisted in any way in answering any of 

these Interrogatories. 

Answer: In addition to counsel for Complainant; 

ASI Jason Grain 

ASI Ben Blauer 

INTERROGATORY NO. 2: Identify all persons who are familiar with or have know^ledge of 

the material facts given in answer to any of these Interrogatories, referring to the Interrogatory 

response to wliich such person has knowledge. 

Answer: 

1, Jason Grain - Assistant Principal Operations Inspector, (All interrogatories ) 

2. Ben Blauer - Aviation Safety Inspector, (All interrogatories ) 
02/1.1/2010 11:23 F.U 425 227 i007 .A,N'M-7 121003 

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5. 

Joan Peterson - Aircrew Program Manager, (Interrogatories 6-9 ) She was made aware of 

the noncompliance as Inspector Grain's findir^s were reported to the SkyWest Certificate 

Management Office. 

Torn Baird - Operations Unit Supervisor and (Interrogatories 2-10) He was informed of 

the SkyWest non-compliance and also kept track of the enforcement process while it was 

being handled by Inspector Grain. His knowledge of the event resulted from Inspector 

reports, review of the final enforcement package prior to sending it to regional counsel, 

and participating in telecoms. 

Noa! Johnston - Principal Operations Inspector, (Interrogatories 6-9) He was informed 

and updated throughout the Enforcement process. 

All of these individuals work for the Federal Aviation Administration (FAA) in the SkyWest 

Certificate Management Office (SWI-GMO). 

The address for these Inspectors is 

SkyWest Certificate Management Office 

1020 North Flyer Way 

Sah Lake City, UT 84116-2959 

INTERROGATORY NO. 3: Identify each person you expect to call as a witness at the hearing 

of this matter. With respect to each person, set forth the following: 

a. A narrative of what you expect each witness to testify concerning; 

b. Any documentary evidence you expect to introduce through each witness; 

c. Whether the witness is an expert or factual witness. 

Answer; See Response to Interrogatory No. 2, in particular the statements of the below 

inspectors. 

1. Jason Grain, Assistant Principal Operations Inspector; Inspector Grain will testify 

concerning deficiencies found during SkyWest deicing/anti-icing operations on the 

moming of February 17, 2009, the procedures the company was required to follow, the 

violations that occurred, and the Administrator's sanction guidance. Tlie information he 

submits in his testimony will be drawn from the Enforcement file; 2009NM060042, 

Inspector Grain is an expert witness. 

2. Ben Blauer, Aviation Safety Inspector, Inspector Blauer will testify concerning 

deficiencies found during SkyWest deicing/anti-icing operations on the morning of 

February 17, 2009, the procedures tlie company was required to follow, the violations that 

occurred, and the Administrator's sanction guidance.. The information he submits in his 

testimony will be drawn from the Enforcement file: 2009NM060042. Inspector Blauer is 

an expert witness. 

Any of the documents attached to this response may be offered by either ASI Blauer or ASI 

Grain. 

CompJainaiu's Rcspotisc to Respondent's InitiaJ 

Discovery Request 

SkyWest Airlines - CP09KM00I2 

Page 2 of 8 

Scorr R. MORRIS. FAA AITORNKY 

TEL: 425.227.1417; F.A>:: 425,227.1007 
02/11/201 0 11:2 3 FAX 42S 227 1007 Am 7 ' ^^^^^^^^^^5^ ^ 

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INTERROGATORY N0.4: Identify each person that you expect to call as an expert witness at 

trial in this matter. Widi respect to each person, set forth the following: 

a. ITie subject matter in which the expert is expected to testify; 

b. The substance of the facts and opinions to which the expert is expected to testify; 

c. Give a thorough and explicit summary of the grounds of each opinion of the expert; 

d. State the educational background of each expert, give a brief summary of his or her 

professional experience, and enumerate the professional societies and organizations of 

which he or she is presently a member; and, 

e. Identify' the reports or documents upon which such expert opinion is based. 

Answer; See Response to Interrogatory No. 2. 

1. Jason Grain, Assistant Principal Operations Inspector, will be called to testify as an expert 

wdmess. He is expected to testify regarding FAA Case No. 2009NM060042. Inspector 

Grain was one of two inspectors involved during the observations where procedural 

deviations were identified. Please see Inspector Grain's statement for a thorough 

summary of his findings. To see the educational background, professional experience, 

etc., please refer to Inspector Grain's resume. 

2. Ben Blauer, Aviation Safety Inspector, will be called to testify as an expert witness. He is 

exp^ted to testify regarding FAA Case No. 2009NM060042. Inspector Blauer was one 

of two inspectors involved during the observations where procedumi deviations were 

identified. Please see Inspector Blauer's statement from the case file for a summary of 

his findings. To see the educational background^ professional experience, etc., please 

refer to Inspector Blauer's resume. 

INTERROGATORY N0.5: Identify each expert who has been retained or specifically 

employed by you in anticipation of litigation or for preparation for trial and who is not expected 

to be a witoess at trial. 

Answer: Noise, other than those described below, beyond that used by Complainant's counsel 

and such communications with other FAA employees is privileged. 

Both ASI Blauer and Grain, one should consider a combination of their FAA training, clear 

knowledge of the SkyWest Airlines Deicing Program and industry experience as airline captains 

qualify both witnesses as experts in their field and will be present for testimony during the trial. 

INTERROGATORY N0.6; State any violation, defect, deficiency, shortcoming or problem 

with the performance of Sky West as it condxKited the de-icing operations on February 17, 2009 

and identify by name and address each person having knowledge concerning such problem and 

with respect to each such person state the substance of his or her such knowledge. 

Complainant's Response to Respondent's Initial SCOTT R. MORRIS, FAA ATTORNEY 

Disscovery Rc«}ucst 

SkyWest Airlines-CP09HM0012 TEL: 425.227.1417; FAX: 425.227.1007 

Page 3 of8 
02/11/201 0 11:2 3 FA.\' 425 227 1007 ANM-7 ijOOS 

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Answer: For person's having knowledge of such problem see Response to lnterrogator>' No. 2. 

Problems found during Inspector Grain's and Blauer's observations, SkyWest Airlines failed to 

follow procedures as specified in Standard I*ractice 2800 in the following areas: 

• GDPM SP2800, chapter 4, paragraph 6.B.6) provides; "Application of deicing/anti-icing 

fluid will begin at the left wing tip and continue around the entire aircraft, until arriving at 

the starting pomt. This identifies the left wing as the representative surface. Commencing 

fluid application at any location other tlian the left wing must be approved by the PIC." In 

addition, the GDPM SP2800, chapter 4, paragraph 6.B.13) provides: "Fluid is applied to 

flight control surfaces from the leading to trailing edge and from the wing and elevator tips 

toward die fuselage." Embraer EMB-120ER civil aircraft N232SW, N567SW, N580SW, 

Canadair CL-600-2B19 civil aircraft N41ISW, N430SW, N913EV, and Canadair CL-6D0-

2C10 civil aircraft N668CA received applications of deicing/anti-icing fluids using 

unapproved methods. SkyWest aitxjraft N668CA, N430SW, and N567SW all received fluid 

application by starting on the left wing root and ended at the wing tip. SkyWest aircraft 

N913EV, N411SW, N232SW, and N580SW had deice/aati-icing fluid applications 

commence on the right wing instead of the left and at the wing root instead of the wing tip. 

On Febmar>' 17, 2009, Inspectors Blauer and Grain were operating a two-way hand-held 

radio and monitoring all communications between SkyWest aircraft and Deicing crews. No 

communications were established that morning to request and/or approve changes to the 

approved procedures. 

INTERROGATORY NO.7: State each fact on which the FAA relies in support of its claim that 

SkyWest violated 14 CFR 119,5(g). With r^pect to such facts state the following information: 

a. List and reasonably describe each document that concerns, supports or provides the basis 

for such facts; 

b. Identify by name, address, employer, position with employer, and telephone number each 

person having knowledge of such facts, and separately with respect to each such person, 

set forth the substance of his or her such know ledge; 

c. The name and current address of each person whom you and/or your legal counsel expect 

to call as a witness at the trial of this action with respect thereto 

d. Identify each document upon which you, and/or your legal counsel, rely and which 

relates thereto by giving the date, the name and current address of the author and the 

name and current address of the custodian tibereof, and set forth the contents thereof, or, 

in the alternative, attach a copy thereof to your answers to tliesc interrogatories. 

Answer: 

Subparagraph a. & d.): Enforcement case file #: 2009NM060042 contains 

dispatch releases for each of the seven aircrafi identified in this case. Hand 

written notes from Inspectors Blauer and Grain indicate which aircraft they 

ot^erved during the deice/anti-icing process. A few notations from the hand 

written notes also include the statement, "Watched departure". Information can 

Complaitiant's Response to Respondent's Iititial 

Discovery Request 

SkyWest Airlines CP09KM0012 

Page 4 of 8 

ScoiT R- MoRjys, FAA ATroR..>^EY 

TEL: 425.227.1417; FAX: 425.227.1007 
02/11/2010 11:24 FAX 425 227 100 7 ASM••• 7 

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also be found on the Post Deicing/Anti-icing Report used on February 17, 2009 

by SkyWest to track each deicing event for the aircraft that operated on that 

specific day. 

Subparagraphs b. & c.) Jason Grain and Ben Blauer are knowledgeable of the 

noncompliance because they were at the airport conducting obser\ations of 

deicing/anti-icing on the morning of February 17, 2009. 

INTERROGATORY NO. 8; State each fact on which the FAA relies in support of its claim that 

SkyWest violated 14 CFR 119.5(1). With respect to such facts state the following information 

a. List and reasonably describe each document that concerns, supports or provides the basis 

for such facts; 

b. Identify by name, address, employer, position with employer, and telephone number each 

person having knowledge of such facts, and separately with respect to each such person, 

set forth the substance of his or her such know ledge; 

c. 'ITie name and current address of each person whom you and/or your legal counsel expect 

to call as a wimess at the trial of this action with respect diereto 

d. Identify each document upon which you, and/or your legal counsel, rely and which 

relates thereto by giving the date, the name and current address of the author and the 

name and current address of the custodian thereof, and set forth the contents thereof, or, 

in the alternative, attach a copy thereof to your answers to these interrogatories. 

Answer: See answer to Inten-ogatory No. 8. 

INTERROGATORY N0.9: State each fact on which the FAA relies in support of its claim that 

SkyWest violated 14 CFR 121.629(c). With respect to such facts state the following information; 

a. List and reasonably describe each document that concerns, supports or provides the 

basis for such facts; 

b. Identify by name, address, employer, position with employer, and telephone number 

each person having knowledge of such facts, and separately with respect to each such 

person, set forth the substance of his or her such know ledge; 

c. The name and current adchress of each person whom you and/or your legal counsel 

expect to call as a witness at the trial of this action with respect thereto 

d. Identify each dociunent upon which you, and/or your legal cotmsel, rely and which 

relates thereto by giving the date, the name and current address of the author and the 

name and current address of the custodian thereof, and set forth the contents thereof, 

or, in the alternative, attach a copy thereof to your answers to these interrogatories. 

Answer: See answer to Interrogatory No. 8. 

Complainattt's Response to Respondent's Initial ScoTT R. MORRIS, FAA ATTORNEY 

Discovery Request 

SkyWest Airlines-CP09NM0012 TEL: 425.227.H17; FAX: 425.227,1007 

PegeS of 8 
02/11/2010 11:24 FA-X 425 227 1007 .ANM- 7 

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INIERROGATORY NO. 10; State with detail the basis for calculating a civil penalty in the 

amount of $84,000 for this matter under the relevant FAA Orders and penalty guidelines. 

Answer: Objection to the extent that this Interrogatory requests Attorney Work Product or 

deliberative material. Without waiving said objections, see FAA Order 2150.3B, especirily 

chapters 7 and appendix B. 

[Note; No interrogatory No, 11 was submitted.} 

INTERROGATORY NO. 12: Describe each document, object and thing which the FAA expects to 

introduce as an exhibit or use in examining or cross-examining witnesses at the trial of this action, 

arid with respect to each such document, state the date thereof, the name and current address of the 

author thereof, the name and current address of the custodian thereof and set forth the contents 

thereof, or, in the alternative, attach a copy thereof to FAA's answers to these interrogatories 

Answer: See attached documents. All documents are retained in the Northwest Mountain OfHce 

of Regional Cotmsel's Office or the SkyWest Certificate Management Office. In addition, the 

FAA intends to offer an enlarged an enlarged diagram of the Salt Lake City Airport. This 

diagram will be available for inspection prior to l^e hearing at the SLG GMO. Please coordinate 

with ASI Grain if you wish to inspect this diagram. 

REQUESTS FOR PRODUCTION OF DOCUMENTS 

REQIJEST NO.l: Any and all documents upon which the FAA relied or referred to in 

answering defendant's First Set of Interrogatories. 

Answs:: See attached documents which are the eirforcement case file's items of proof (lOPs), 

the index of the lOPs, a certified copy from NOAA of the weather at SLC relevant to tlie 

allegations contained in the Complaint, Resumes of ASI Grain and ASI Blauer, and copies of 

ASI Grain and ASI Blauer handwritten notes (1 page each). 

REQUEST NO,2: Any and all documents upon which the FAA relied or referred to in its 

Complaint, 

Answer: See Request for Production No. 1. 

REQUEST N0.3: Any and all documents the FAA will or may seek to introduce as 

exhibits at any trial or hearing in this action. 

Answer: See Request for Production No. 1. 

REQUEST N0.4: .Any and all notes or documents created by the investigators in this matter. 

Answer: There are no additional notes or docmnents that have been created outside of EIR case 

file 2009NM060042 and the hand written notes from Inspw^tors Blauer and Grain, 

Complainant's Rcspoinse to Respondent's Initial Scorr R, MOMJS, FAA ATTORNEY 

Discovery Request 

SkyWe-st Airlines- CP09NM0012 TEL: 425.227,1417; FAX: 425.227.1007 

Page 6 of 8 
02/11/2010 11:24 FAX 425 227 1007 .4NM-7 iioos 

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Submitted thi 

REQUEST N0.5: Any document created by Joan Peterson relating to SkyWest de-icing 

operations from February 1,2009 to present. 

Answer; Objection to the extent that such requests asks for internal agency deliberative material. 

Without waiving said objection, see Respondent's Reply to Complainant's Discovery Request, 

Bate sjtamped page SW000260 as well as her results from a De-icing program element 

performance inspection (3 pages). 

th day of February 2010, 

cott R. Morris 

FAA Attorney 

Complainant's Response to Respondent's Initial 

tJiscovcry Request 

Skj'West Airlines - CP09NMOO12 

Page 7 of 8 

SCOIT R. MoRfUS, FAA AlTORNEY 

TEL: 425.227:1417; FAX: 425,227.1007 
02/11/2010 11:24 PAX. 425 227 1007 A m - 7 11009 

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CERllFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Response to Respondent's Initial Discovery 

Request has been serv^ed via facsimile and certified mail •- Return Receipt Requested this date, to 

the following: 

The Honorable Richard C. Goodwin (without exhibits) 

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 

Federal Aviation Administration (without exhibits) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Atto: Hearing Docket Clerk, AGG-430 

Wilbur Wright Building TM Suite 2WIO0O 

FAX: 202.493.5142 

Todd C. Emerson, Esq. 

SkyWest Airlines 

444 South River Road 

St. George, UT 84790 

TEL: 435,634.3530 

FAX: 435.634.3505 

Dated this /I/L day of February, 2010. 

^1^/- . MOIFAIRCHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2160 

Complainant's Response to Respondent's Initial 

Discovery Request 

SkyWest Airlines - CP09NM0012 

Pa^eSofS 

SCOTT R. MORRIS, FAA ATTORNSV 

TEL: 425.227.1417; FAX: 425,227,1007