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U.S. Department 

Of Transportation 

Federal Aviation 

Administr'atiuD 

Oflice of Regional Counsel 

Northwest Mountain Region 

Colomdo, Idaho, Montana, 

Oregon, Utah, Washmgton, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425)227-1417 

Fax: (425) 227-1007 

SC0TT.M0RiaS@FAA.GOV 

Februarys, 2010 

VIAFACSIMTL15 AND CERTIFIED MAIL - RETURN RECEIPT REOUBSTED 

Ann: Hearing Docket Clerk, AOC-430 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg - Room 2W1000) 

800 Independence Avenue S.W, 

Washington, D.C. 20591 

Re: In the Matter of SkyWest Airlines, FAA Docket No. 09CP0012, FAA Case No, "r 

2009NM060042 

c:::; 

CD 

c3 

Pursuant to Rule 13.214, enclosed herewith please find a copy of the Amended Complaint in the 

above-referenced proceeding. Although the Notice of Proposed Civil Penalty made reference to the 

correct the statutory maximum penally authorized under 49 U.S.C. §46301(a), iho Complaint 

erroneously states the maximum penalty per violation is $1,100. This Amended Complaint corrects 

thai ministerial error to properly reflect the maximum penally under the statute is $25,000 for each 

viola-tion noted. 

Sincerely, 

Morris 

^^A A Attorney 

Enclosures: Amended Complaint 
02/19/201 0 14:03 FAX 2024935142 

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SCOIT R. MORRIi,' 

F AA OmC E OF REGIONAL COIWSEL 

1601 LmnAvE.,S W 

RENTON, WASHINnTON 98057 

TELtPHONE: 425.227.1417 

t'ACSlMlLr.: 435.227.1007 

FAA 

/vNM-7 

•i- DM S gl003/020 

12)003 

In the Matter of: 

SkyWesi Airlines 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FAA DOCKET CP: CP09NM0012 

FAA Case No. 2009NM060042 

Judge: Goodwin 

lo: JUDGE GOODWIN 

AMENDED COMPLAINT 

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

Complaint, pursuant to Rules 208 and 214 of the Rules of Practice (14 C.F.R. §§13.208 and 

13.214), and stales as follows; 

I. 

On October 7, 2009, SkyWcsi Airlines, was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $84,000. On 

October 23, 2009, SkyWest Airlines, its counsel, submitted a written request for a hearing. 

II. 

1. SkyWest Airlines, Inc., (hereinafter SkyWest), is now and was at all times material hereto 

the holder of Scheduled Air Carrier Certificate No. SWIAO11 A, and conducts its 

operations per FAR Part 121. 

2. SkyWest OpSpec A023 authorizes it to perform de-icing operations consistent with its 

ground deicing program manual (GDPM) Standard Practice (SP) 2800, Part IX. 

AMENIJtX) COMPLAINT 

FAA V. SfcyWcsi AvrliTics - FAA Case No. 2009NM060042 

Page 2 of 6 

SOOTTR . MOl'JUS, FA A ATIOItNKY 

TKU 425.227,1417; FAX: 425,227.1007 
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3. SkyWest OpSpec DOSS authorizes ii to use the following limbraer EMB-120BR civil 

aircrall, in ihe conduct of its Part 121 operations; N232SW, N567SW, and N580SW. 

4. SkyWest OpSpec D085 authorizes it lo use the following Canadaair CL-6()0-2B 19 civil 

aircraft, in the conduct of its Part 121 operations: N411SW, N430SW, and N913EV. 

5. Sky West OpSpec DOS 5 authorizes it to use N668CA, Canadaair CL-600-2C10 civil 

aircraft, in the conduct of its Part 121 operations. 

6. On February 17, 2009, an Aviation Safety Inspector conducted surveillance of Sk7 West 

deicing/anti-icing operations at the Salt Lake City International Airport, Utah. 

7. SkyWest was performing deicing/anti-icing operations at Spots 3 and 21. 

8. At the time of the surveillance, the weather conditions consisted of light rain and snow, 

9. Icing conditions were forecasted for and present at the Salt Lake City Intemalionjil 

Airport, Utali, and the surrounding vicinity. 

10. GDPM SP2S00, chapter 4, paragraph 6.B.6) provides; "Application of deicing/anti-icing 

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

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

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

11. GDPM SP2800, chapter 4, paragraph 6.B. 13) provides: "Fluid is applied to flight control 

surfaces from the leading to trailing edge and from ihe wing and elevator tips toward the 

fuselage. 

12. During the deicing/anii-icing concerning each of ihe aircraft identified in paragraph 3, 4 

and 5 above, SkyWesi employees commenced fluid application at the aircraft's wing root 

and sprayed towards the wing tip. 

13. In some instances, SkyWest personnel commenced fluid application on the right wing 

instead of the left wing without the approval of the pilot in command as required by its 

manual. 

14. SkyWest conducted its deicing/anti-icing operations contrary to its A023 operations 

specification. 

15. Ailcr the deicing/anti-icing had been accomplished, SkyWest subsequently operatc-d each 

of the aircrall referenced in paragraphs 3, 4, and 5 during Part 121 operations. 

16. SkyWest dispatched, released, and operated each of the aircraft referenced in paragraphs 

3, 4, and 5 when conditions were such thai frost, ice, or snow were reasonably expected 

to adhere to the aircraft when it did not comply with its approved deice/anti-ice program. 

m. 

AMENDED COMPLAINT 

FAA V. SkyWcsi Airlines - FAA Case No, 2009NM060042 

Hagc 3 of G 

Scon R. MORRIS, FAA ATIOKNBY 

TBL; 425.227.1417; FAX: 425.227,1007 
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Bioos 

By reason of the foregoing facts and circumstances, SkyWe.st violated the follov/ing 

sections of the Federal Aviatioii Regulations (14 CFR); 

a. Section n9.5(g), in that on seven occasions, as a direct air carrier, it operated in 

violation of an appropriate operations specification. 

b. Section 119.5(1), in that on seven occasions, it operated an aircraft in violation of 

its operations specilication. 

c. Section 121.629(c) in that it dispatched, released, and operated (took off) an 

aircraft when conditions were such that frost, ice, or snow were reasonably 

expeeied to adhere to the aircraft, when it did not comply with its approved 

deice/anti-ice program. 

In accordance with Section 46301(a) and (d) of Title 49 of the United States Code 

(Transportation) [49 U.S.C. § 46301(a) and (d)], SkyWest is liable for a civil penalty not to 

exceed $25,000 for each of the violations noted. 

Under the facts and circumstances of ihis case, a civil fienalty of $84,000 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 $84,000. 

Respectfully submitted this 3'^'^ day of February 2010. 

L Morris 

. Attorney 

AMENDliD COMPLAINT 

FAA V. SkyWest Airlines -FAA Case No. 200i'NM06004.2 

Page 4 of 6 

S<.:OTT R. MOWIS, 1'AA ATI OKNIrY 

"I'KL'. 425.227.1417; FAX. 423.227.1007 
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ANSWER 

Inaccordance with Section 13.209 of the Federal Aviation Regulations, SkyWest, must answer 

this Complaint not later than 30 days from the time it is served on it. Failure to file an /uiswer 

within 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)]. 

AMENDED CONfPLAJNl 

FAA V. SkyWest Airlines - FAA Case Ni». 2009NM060042 

Page 5 of 6 

SCOTT R. MORRIS, FAA ATTOHxiiv 

TEL; «5.227.I417; FAX: '125,227,1007 
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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: 

The Honorable Richard C- Goodwin 

Office of hearings, M-20 

1200 New Jersey Avenue, S.F;. 

East Building Ground Floor, Rm H12-320 

Washington, D.C. 20590 

TEL: 202.366.2139 

FAX: 202.366.7536 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suiie 2W1000 

FAX: 202. 493.5020 

Todd C. Emexsoo, Esq. 

SkyWe-st Airlines 

444 South River Road 

St. George, UT ?f4790 

TEL: 435.634.3530 

FAX: 435.634.3505 

Dated this 3"^ day of February, 2010. 

MOIFAIR CHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Adminisiration 

1601 Lind Ave. SW 

Renton, W A 98057 

425.227.2160 

AMENDED COMPLAINT 

FAA V. SkyWcsl Airlines-FAA Caselsfo. 2009NM060042 

Page 6 0^6 

SCOTT R. M<>W<JfS. FAA ATTORNEY 

TtJL; 425,227.1417; FAX; 425.227.I007