rs 

ToddC. Emerson, #8175 

444 South River Road 

St. George, Utah, 84790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

Email: temerson@skywest.com 

- andMichael L. Dworkin #64047 

465 California Street, Suite 210 

San Francisco, California 94104 

Telephone: (415) 421-02500 

Facsimile: (415)421-2560 

Email: law@avialex.com 

Attorneys for Sky West Airlines, Inc. 

RECEIVED 

OCT 12 20H 

HEARING DOCKET 

^ ' - ' • -T~t 

r o 

'0 ^^Z-^— i 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Sky West Airlines, Inc. 

FAA Case No. 2011NM060033 

SKYWEST AIRLINES, INC.'S 

FIRST REQUEST FOR PRODUCTION 

OF DOCUMENTS AND OTHER 

DISCOVERY 

Judge: The Honorable Richard C. Goodwin 

PROPOUNDED BY: 

SET NUMBER: 

DATE OF REQUEST: 

RESPONSES DUE: 

Respondent, SkyWest Airlines, Inc. ("SKYWEST") 

One 

October 11,2011 

November 11,2011 
rs 

TO THE DEPARTMENT OF TRANSPORTATION, THE HONORABLE 

RICHARD C. GOODWIN ADMINISTRATIVE LAW JUDGE, AND TO THE 

ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION>ND HIS 

ATTORNEYS OF RECORD: 

Dated: October 11,2011 

iael L. Dworkirf^^—^ 

Co-Counsel for SKYWEST 

FAA Case No. 2011NM060033 

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND OTHER DISCOVERY 

2 
ATTACHMENT A 

0.10 DEFINITIONS AND INSTRUCTIONS 

Please note: Court and counsel are requested to take judicial notice of 14 Code of 

Federal Regulations, Parts 1-198, commonly referred to as the "Federal Aviation 

Regulations" (hereinafter referred to as the "FAR's") and Title 49, United States Code, 

Transportation; all words used in this request shall have the same meaning as used in 

said FAR's and Title 49, United States Code, Transportation, unless the sense indicates 

to the contrary. 

0.1 Anyone acting on your behalf - includes, but is not limited to, your attorneys, 

investigators, and their representatives, and consultants, including all experts. 

0.2 Person - includes a natural person, firm, association, organization, partnership, 

business trust, corporation, or public entity. 

0.3 Custodian - refers to the person having possession, custody or control. 

0.4 Writing - means handwriting, typewritten, printing, photostating, photographing, 

and every other means of recording upon any tangible thing, any form of communication 

or representation, including letters, words, pictures, sound, or symbols, or combinations 

thereof 

0.5 You - includes Complainant, its agents, employees, attorneys, and anyone else 

acting on behalf of Complainant. 

0.6 Document or documents - includes writings, drawings, graphs, charts, photographs, 

phono-records, tapes, videotapes, films, and other compilations from which information 

can be obtained, translated through detection devices into reasonably usable form when 

FAA Case No. 2011NM060033 

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND OTHER DISCOVERY 

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translation is practicably necessary. 

0.7 Complainant - refers to the Federal Aviation Administration, its Administrator, 

directors, employees and agents, and includes, but is not limited to, its attorneys, 

investigators, and their representatives, and consultants, including all experts. 

1.0 DOCUMENTS SOUGHT TO BE PRODUCED 

SKYWEST acknowledges its prior receipt of portions of what Complainant has 

represented were the evidentiary portions of its case file. In the interests of economy, 

materials and documents heretofore provided by Complainant's counsel to SKYWEST's 

counsel need not be again produced. 

1.1. Complainant's case file bearing Case No. 2011NM060033 in its entirety, 

including, but not limited to, items of proof, exhibits, correspondence, memoranda, and 

all other documents contained therein. 

1.2. All documents pertaining to the allegations set forth in the Final Notice of 

Proposed Civil Penalty Case No. No2011NM060033, which serves as the Complaint in 

this matter. 

1.3. All documents which Complainant intends to utilize as exhibits at the 

hearing in this matter. 

1.4. All statements and documents pertaining to or concerning statements made 

to Complainant by SKYWEST. 

1.5. All statements and documents pertaining to or concerning statements made 

to Complainant by any employees or former employees of SKYWEST. 

FAA Case No. 2011NM060033 

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND OTHER DISCOVERY 

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1.6. All statements and documents pertaining to or concerning statements made 

to Complainant by any other person, firm or corporation, concerning the matters alleged 

in Complaint. 

1.7 Resumes, curriculum vitae and any and all written qualifications of all persons 

whom Complainant expects to utilize as expert witnesses at the hearing in this matter. 

1.8. All documents pertaining to facts and opinions held by Complainant's 

experts acquired or developed in anticipation of litigation and/or for the hearing in this 

matter. 

1.9. All documents reviewed by Complainant's experts in connection with the 

anticipated litigation or hearing in this matter. 

1.10. All documents generated by Complainant's experts in cormection with the 

anticipated litigation or hearing in this matter. 

2.0 INTERROGATORIES 

2.1. State the name, occupation, address and telephone number of each person 

Complainant intends to call as a witness (including but not limited to expert witnesses) at 

the hearing. 

2.2. Provide a brief statement regarding the subject matter of the testimony of 

each witness. 

2.3. Provide copies of all documents Complainant intends to offer into evidence 

as exhibits at the hearing. 

2.4. For each expert witness Complainant intends to call at the hearing, provide a 

FAA Case No. 2011NM060033 

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND OTHER DISCOVERY 

5 
rs 

brief statement regarding the grounds for the opinion testimony of each expert witness, 

and copies of any documents prepared or reviewed by said expert witness. 

2.5. If Complainant obtains additional documents not mentioned in response to 

Request No. 2.3, above, SKYWEST requests these documents be produced as 

expeditiously as possible. 

2.6. If Complainant secures additional witnesses not mentioned in response to 

Request No. 2.1, above, SKYWEST requests a supplementary witness list and a brief 

statement regarding the subject matter of the testimony of each of the witnesses. 

3.0 REQUESTS FOR ADMISSION 

3.1. ADMIT that SkyWest Airlines' Weight and Balance Operations Manual, 

Standard Practice 4100, has been reviewed and approved by the FAA for use in all 

SkyWest operations and was in effect as of the dates of the alleged violations. 

3.2 ADMIT that the aircraft in Flight 4451 did not exceed the maximum 

takeoff weight for the runway of use. 

3.3 ADMIT that SkyWest Airlines' Weight and Balance Operations Manual, 

Standard Practice 4100, provides guidance and instruction necessary for flight crew and 

Customer Service personnel to complete weight and balance calculations, the Cargo Load 

Report (CLR), and the Load Manifest. 

3.4 ADMIT that SkyWest Airlines' Weight and Balance Operations Manual, 

Standard Practice 4100, provides weight and balance information sufficient to ensure safe 

aircraft operations. 

FAA Case No. 2011NM060033 

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND OTHER DISCOVERY 

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rs 

3.5 ADMIT that for the aircraft type and airports utilized in the fiight alleged 

in the Complaint, and with the aircraft loads, flight crews, fuel, passengers and baggage 

recorded in the flight release for the flight in question, any errors in load manifest 

calculations, producing a weight error of less than 300 pounds, results in: 

a. No change in aircraft performance; and 

b. A nearly negligible change in aircraft center of gravity. 

3.6 ADMIT that the weight of Flight 4451 on February 11, 2011 was within 

the aircraft's operation limitations. 

3.7 ADMIT that load manifest errors do not always result in a heavier than 

planned aircraft, that in some cases the aircraft may be lighter than planned. 

3.8 ADMIT that SkyWest has been FAA-approved to use the following 

standard baggage average weights in its Weight and Balance Program: 

Standard checked baggage - 30 pounds 

Heavy checked baggage - 60 pounds (baggage weighing more than 

50 pounds but less than 100 pounds) 

Planeside loaded/carry-on baggage - 30 pounds 

Carry-on baggage and/or personal item stowed 

in aircraft passenger cabin - 0 pounds 

Non-luggage baggage (standard) - 30 pounds 

Non-luggage baggage (heavy) - 60 pounds 

Ticketed cabin baggage (summer) - 82 pounds 

Ticketed cabin baggage (winter) - 87 pounds 

FAA Case No. 2011NM060033 

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^s 

3.12 ADMIT that FAA AC 120-27, Chapter 2, Section 1.200(a), states 

".. .differences between the actual weight of passengers and bags and the average weight 

of passengers and bags can occur when using average weights." 

3.13 ADMIT that it is technically possible to have the correct total cargo 

weight even if the number of bags listed in the CLR is incorrect. 

3.14 ADMIT that Order 2150.3B, FAA Compliance and Enforcement 

Program, Chapter 7., Sanction Guidance Policies, Paragraph 7.c., Penalties Outside the 

Ranges, Clause (1), Penalties lower than the ranges, states 

It may be appropriate to select a civil penalty amount below the ranges in Figures 

7-1 or 7-2 if the degree of culpability is minimal, the degree of potential hazard is 

extremely low, and there are no other aggravating circumstances. 

3.15 ADMIT that during the subject Flight 4451, from SLC to CPR, all 

checked baggage was loaded into the aft cargo bin. 

3.16 ADMIT that the FAA alleges between 20 and 60 pounds of luggage were 

not accounted for on subject Flight 4451. 

3.17 Admit that the subject heavy bag on Flight 4451 was accounted for as a 

standard bag, and as such, any weight miscalculation was less than 60 pounds. 

3.18 ADMIT that the handling of an aircraft with the performance 

specifications of the subject aircraft will not be noticeably affected by a weight change of 

less than 60 pounds. 

3.19 ADMIT that the subject Flight 4451 had a takeoff weight in excess of 700 

pounds below the maximum runway takeoff weight. 

FAA Case No. 2011NM060033 

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND OTHER DISCOVERY 

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rs 

3.20 ADMIT that during the subject Flight 4451 the safety of fiight was 

maintained as all operations fell within the manufacturer's operating envelope. 

3.21 ADMIT that SkyWest, as an operator, may choose to use one weight for a 

fleet or group of aircraft if the weight and CG of each aircraft is within the limits stated in 

AC 120-27E for establishment of the aircraft's operational empty weight. 

3.22 ADMIT that under SkyWest's W&B Manual, heavy bags are considered 

any bag that weighs more than 50 pounds and less than 100 pounds. 

3.23 ADMIT that Order 2150.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies, Paragraph 6.b., General Sanction Guidance, 

states that 

Simply adding up the individual penalties for each violation could result in 

compounding a sanction in a disproportionately harsh maimer for the conduct 

involved. 

3.24 ADMIT that Order 2150.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies, Paragraph 7.b., Limitations on Total Civil 

Penalty Amounts for Numerous Multiple Violations, clause (1), states that 

In an average case involving numerous inadvertent, multiple violations resulting 

from a single act or omission, that is, not one that is covered by chapter 7, 

subparagraphs 7.c. or 7.d., the total civil penalty for the multiple violations 

ordinarily falls within the ranges provided in either Figure 7-1 or 7-2. The group 

classifications are defined in part I of Appendix B. 

3.25 ADMIT that Order 2150.3B, FAA Compliance and Enforcement Program, 

Chapter 7., Sanction Guidance Policies, Paragraph 7.b., Limitations on Total Civil 

Penalty Amounts for Numerous Multiple Violations, clause (2), states that 

FAA Case No. 2011NM060033 

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The term isolated in Figures 7-1 and 7-2 typically describes a single instance of an 

employee's failure to follow a statutory or regulatory requirement, contrary to the 

company's ov/n practice or procedure. A case may involve a number of isolated 

and unrelated violations. Each group of the multiple violations resulting from 

each isolated violation ordinarily is subject to the isolated, inadvertent ranges in 

Figures 7-1 or 7-2. 

FAA Case No. 2011NM060033 

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND OTHER DISCOVERY 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 11* day of October, 2011, a true and 

correct copy of the foregoing SKYWEST'S FIRST SET OF DISCOVERY 

REQUESTS was served as follows: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

Room El2-320 

Washington, D.C. 20590 

{Federal Express} 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

{Federal Express} 

Jeffrey M. Harper 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

FAX (425) 227-1007 

{FacsifnUc and Federal Express} 

^^M^-^-^ *^- \::>Ji,cJuL^^ 

Sheri L. Becker 

FAA Case No. 2011NM060033 

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND OTHER DISCOVERY 

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