U.S. Department 

of Transportation 

Federal Aviation 

Administration 

July 31, 2013 

Northwest Mountain Region 

. Office of Regional Counsel 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue-S.\A.d > ' •.• ·, 

Renton, Washingtori.~B:'o5?:: F' -;-A · Tel: (425) 227-1417::·,-

Fax:. (425) 227-foM· ' 

. robert.spitzer@faa.gov 

?~.~ i ~!. /J.irJ i 2 

VIA FACSIMILE AND CERTIFIED MAlL- RETURN RECEIPT REQUESTED 

· __ ., 

!b 

RECEIVED 

Attn: Hearing Docket Clerk, AGC-430 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg -- Room 2W1 000) 

800 Independe11ce Avenue S.W. 

AUG ... 5 2013 

HEARING DOCKET 

Washington, D.C. 20591 · · . . fQ.mS a-c13 ;Oiol'l 

Re: In the Matter ofSkyWest Airlines, FAA Case No. 2012NM060014/ ::2.0I3 ·Aulfi-Cf'l'-a5f ~ Enclosed is an original and one copy of a request for hearing and Complaint in the abovereferenced proceeding. · · 

The Federal Aviation Administration (FAA) requests that the hearing in this matter be held in Salt 

Lake City, Utah, and expects that the hearing will last one (1) day. 

For scheduling purposes, FAA attorney, Robert Spitzer will be unavailable in year 2013: 

August 20-22, November 25-29 and December 2-20,2013. 

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 

s:q 

Robert Spitzer 

FAA Attorney 

RS/ds 

Enclosures: Request for Hearing (Appeal) 

Complaint 
ROBERT SPITZER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: (425)227-1417 

FACSIMILE: (425)227-1007 

In the Matter of: 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

AUG -5 2013 

HEARING DOCKET 

SkyWest Airlines, Inc. FAA Case No. 2012NM060041 

Judge Not Assigned 

JUDGE NOT ASSIGNED: 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (14 Code of Federal Regulations (C.F.R.) Section 

13 .208), and states as follows: 

On July 24, 2013, Sky West 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 $40,000. 

On July 30, 2013, Sky West Airlines, Inc., through its legal counsel, submitted a written request 

for a hearing. 

COMPLAINT 

FAA v. Sky West Airlines, Inc. 

FAA Case No. 2012NM060014 

Page 2 of7 

ROBERT SPITZER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 

"·',, 
II. 

1. Sky West Airlines (Sky West), is now and was at all times material herein the holder of 

Scheduled Air Carrier Certificate No. SWIA011A, and conducts its operations pursuant 

to Part 121 of the Federal Aviation Regulations (FAR). 

2. ParagraphD085 ofSkyWest's Operations Specifications (OpSpecs) authorizes SkyWest 

to use N236SW, an Embraer EMB-120-ER Civil Aircraft, in the conduct of Sky West's 

Part 121 operations. · 

3. Paragraph A098 of Sky West's OpSpecs requires that aircraft loading for Embraer 

EMB-120-ERAircraft be accomplished in accordance with Sky West's Weight & Balance 

Operations Part XII SP 4100 (W&B Manual). 

4. SkyWest's W&B Manual contains the loading schedules and instructions for SkyWest's 

Embraer EMB-120-ER Aircraft. 

5. SkyWest's W&B Manual (Revision 01 dated 22 SEP 11), Chapter 2, defines "heavy 

checked bag" as any bag weighing more than 50 pounds, but less than 100 pounds." 

6. SkyWest's W&B Manual (Revision 01 dated 22 SEP 11), Chapter 3, Paragraph 2.D.1 

states the "designated loading agent evaluates the classification of all checked baggage 

(either standards or heavy). The designated loading agent must mark the number of 

standard and heavy checked baggage on the CLR (Cargo Load Report)." 

7. Sky West's W&B Manual (Revision 01 dated 22 SEP 11), Chapter 3, Paragraph 2.!.2 

states that "[ u ]pon completion of loading the cargo bin/pit, the designated loading agent 

must verify the piece count of all Standard Checked, Heavy Checked, and Planeside 

Loaded/Service Item Baggage ... " 

8. SkyWest's W&B Manual (Revision 01 dated 22 SEP 11), Chapter 4, Paragraph 13.B.l 

states the "PIC (pilot in command) completes the A CARS load manifest with information. 

from the. CLR." 

9. SkyWest's W&B Manual (Revision 01 dated 22 SEP 11), Chapter 4, Paragraph 8.9, 

-requires the loading agent to write the total number of heavy checked baggage loaded in 

each cargo bin/pit in the appropriate "Heavy Checked" block on the CLR. 

COMPLAINT 

FAA v. SkyWest Airlines, Inc. 

FAA Case No. 2012NM060014 

Page 3 of7 

ROBERT SPITZER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
10. SkyWest's W&B Manual (Revision 01 dated 22 SEP 11), Chapter 4, Paragraph 12 

contains the warning: 

/!:l WARNING - INACCURATE LOADING, REPORTING, 

OR FAILURE TO REPORT INFORMATION COULD 

CAUSE ISSUES WITH AIRCRAFT PERFORMANCE AND 

HANDLING, RESULTING IN THE ENDANGERMENT OF 

HUMAN LIFE. 

II. 

11. On November 16, 2011, at Denver International Airport (DEN), Denver, Colorado, 

Sky West loaded passengers and baggage onto N236SW to be operated as Flight 5449 

bound for Rock Springs-Sweetwater County Airport (RKS), Rock Springs, Wyoming. 

12. Sky West's personnel at DEN loaded a heavy checked bag onto N236SW. 

13. The CLR for Flight 5449listed no heavy checked bags on board N236SW. 

14. The data on the CLR was used to construct the ACARS load manifest for Flight 5449. 

15. SkyWest thereafter operated N236SW as Flight 5449 to RKS. 

16. Sky West has paid civil penalties in a minimum of eight previous cases involving loading 

of cargo and baggage contrary to approved procedures. 

III. 

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

sections ofthe Federal Aviation Regulations {14 C.P.R.): 

a. Section 119.5(g), in that, as a direct air carrier, it operated in violation of appropriate 

operations specifications. 

b. Section 119.5(1), in that it operated aircraft under Part 121 in violation of its 

operations specifications. 

c. Section 121.693(a), in that it operated flight::; without a load manifest that accurately 

reflected the weight of the cargo and baggage. · 

COMPLAINT 

FAA v. Sky West Airlines, Inc. 

FAA Case No. 2012NM060014 

Page 4 of7 

ROBERT SPITZER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
d. Section 121.693(c), in that it operated flights when the total weight of the aircraft was 

not computed under approved procedures. 

e. Section 121.693( d), in that it operated flights when the aircraft was not loaded 

according to an approved schedule. 

2. In accordance with Sections 46301(a) and (d) of Title 49 ofthe United States Code 

(U.S.C.) (Transportation) [49 U.S.C. Sections 46301(a) and (d)], SkyWest is liable for a civil 

penalty not to exceed $27,500 for each of the violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of $40,000 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an Order that SkyWest be assessed a civil penalty in the amount of$40,000. 

Respectfully submitted this 31st day of July, 2013. 

Robert Sp1tzer · 

FAA Attorney 

COMPLAINT 

FAA v. SkyWestAirlines, Inc. 

FAA Case No. 2012NM060014 

Page 5 of7 

ROBERT SPITZER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
ANSWER 

In accordance with Section 13.209 ofthe Federal Aviation Regulations, SkyWest, 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)]. 

COMPLAINT 

FAA v. Sky West Airlines, Inc. 

FAA Case No. 2012NM060014 

Page 6 of7 

ROBERT SPITZER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
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: 

Feder.al Aviation Administration (Original and one copy) 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building 

800 Independence Avenue SW 

Washington, D.C. 20591 

Fax: (202) 493-5142 

Todd Emerson, Esq. 

Sky West Airlines, Inc. 

444 South River Road 

·St. George, UT 84 790 

TEL: (435) 634-3530 

FAX: (435) 634-3505 

Dated this 31 51 day of July, 2013. 

COMPLAINT 

FAA v. Sky West Airlines, Inc. 

FAA Case No. 2012NM060014 

Page 7 of7 

Terr 1rk 

Offi e ofRegional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

(425) 227-2007 

ROBERT SPITZER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
'· .. 

Direct Dial: 435.634.3530 

Direct Fax: 435.634.3505 

c-ma1l: tcmcrson(a,skvwc?_U:g.m 

VIA FF:Dfi:RAL RXPRESS 

Federal Aviation Administration 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

800 Independence A venue S W 

Washington, DC 20591 

Re: Case No. 2012NM060014 

Dear Sir/Madam: 

July .30, 2013 

The Final Notice of Proposed Civil Penalty in the above-referenced case was 

-------::-:re~cc-:::.e,..,.Jv~-e..,u 111 our office on JulYJTf,-2'01.). 

Pursuant to§ 13.16 (e) (2) (ii) ofFederal Air Regulations, Sky West Airlines hereby 

requests a bea1ing on this matter. 

-r: 

Todd C. Emerson 

Director - Govcmmcnt and Legal Affairs 

TCE/jb 

cc: Roberi Spitzer