Todd C. Emerson, #8175 444 SouthRiverRoad St. George, Utah, 84790 Telephone: (435) 634-3530 Facsimile: (435) 634-3505 \:"n,•.

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# RECEIVED SEP 11 2012 

## HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

WASHINGTON, D.C. Inthe Matter of: SkyWest Airlines, Inc. FAADOCKET CP: Unassigned FAA Case No. 2011NM060047 FDMS No. FAA-2012-0872 Judge Richard C. Goodwin

ANSWERAND AFFIRMATIVE DEFENSES SkyWest Airlines, Inc. ("SkyWest"), byits counsel, hereby files its Answer, pursuant to Rule 209 ofthe Rules ofPractice (14 C.F.R. 13.209), and states as follows: 

### I. SkyWest admits that it was advised through a Final Notice ofProposed Civil Penaltythat the FAAproposed to assess a civil penaltyin the amount of$160,000, and onAugust 8, 2012 SkyWest submitted a written request for a hearing.II. 1. In response to Paragraph 1, SkyWest admits that it is now and was at all times material hereto, the holder ofScheduled Air Carrier Certificate No. SWIA011A, and conducts its operations pursuant to Part 121 ofthe Federal AviationRegulations (FAR). 2. In response to Paragraph 2, Sky West admits that ParagraphD085 ofSkyWest's Operations Specifications (Op Specs) authorizes SkyWest to use N679SA, a Bombardier CL-600- 2B19 civil aircraft, in the conduct ofSkyWest's Part 121 operations. 3. In response to Paragraph 3, Sky West admits that Paragraph D085 ofSky West's OpSpecs authorizes Sky West to use N907SW, a Bombardier CL-600-2B 19 civil aircraft, in the conduct ofSkyWest's Part 121 operations. 4. In response to Paragraph 4, Sky West admits that ParagraphD085 ofSky West's OpSpecs authorizes SkyWest to use N973SW, a Bombardier CL-600-2B19 civil aircraft, in the conduct ofSkyWest's Part 121 operations. 5. In response to Paragraph 5, SkyWest admits that ParagraphD085 ofSkyWest's OpSpecs authorizes SkyWest to use N804SK, a Bombardier CL-600-2D24 civil aircraft, in the conduct ofSkyW est's Part 121 operations. 6. Inresponse to Paragraph 6, SkyWest admits that ParagraphA098 ofSkyWest's OpSpecs requires that aircraft loading for Bombardier CL-600-2B19 aircraft be accomplished in accordance with SkyWest's Weight & Balance Operations Manual, "SP4100, PartXII, revision Orig of 1APR 10" (W&B Manual). 27. In response to Paragraph 7, Sky West admits that Paragraph A099 ofSky West's OpSpecs requires that aircraft loading for Bombardier CL-600-2D24 aircraft be accomplished in accordance with SkyWest's Weight & Balance Operations Manual, "SP4100, Part XII, revision Orig of 1APR 1 0" (W&B Manual). 8. Inresponse to Paragraph 8, SkyWest admits that its W&B Manual contains the loading schedules and instmctions for SkyWest'sBombardier CL-600-2B19 aircraft. 9. In response to Paragraph 9, SkyWest admits that its W&B Manual contains the loading schedules and instmctions for SkyWest's Bombardier CL-600-2D24 aircraft. 10. In response to Paragraph 10, SkyWest admits that its W&B Manual, Chapter 2, paragraph 2.A.24 defines "Heavy Checked Bags" as any bag weighing more than 50 pounds, but less than 100 pounds. 11. In response to Paragraph11, SkyWest admits that Sky West's W&B Manual, Chapter 3, paragraph 2.D.1 requires the loading agent to mark the number ofstandard andheavybags on the Cargo Load Report (CLR). 12. In response to Paragraph 12, SkyWest admits that its W&B Manual, Chapter 3, paragraph 2.!.2 requires the loading agent to verifythe piece count ofall "Standard Checked", "Heavy Checked", and planeside "Loaded/Service Item Baggage" upon completion ofloading. 13. In response to Paragraph 13, SkyWest admits that its W&B Manual, Chapter 4, paragraph 8.9 requires the loading agent to write the total number ofHeavy CheckedBaggage loaded in each cargo bin on the CLR in the "HeavyChecked"block. 314. In response to Paragraph 14, SkyWest admits that its W&B Manual, Chapter 4, paragraph 11 -AircraftLoading, contains the waming: 

# A**W.A.R~~lNG** -INAC:CURATE LOADlNG, REPO:RHNG, OR FAlWR.E TO REPORT INFORMATION COUlD CAUSE ISSUES WITH AIRCRAFT PERFORMANCEAND HANDLING.. RESULHNG lN THE ENDANGERMENT Of HUMAN LlfE. . III. 15. In response to Paragraph 15, SkyWest admits that on March 8, 2011, at Los Angeles Intemational Airport (LAX), Los Angeles, Califomia, SkyWest loaded passengers and baggage onto N804SK, to be operated as Flight 4464 bound for McCarran International Airport (LAS), Las Vegas, Nevada. 16. In response to Paragraph 16, SkyWest is without sufficient infom1ation or knowledge from which to form a beliefas to the truth ofthe allegation that SkyWest's personnel at LAX loaded two Heavy Checked Bags, marked with "HeavyBag"tags onto N804SK, and therefore denies the same. 17. In response to Paragraph 17, SkyWest admits the CLR for Flight 4464listedzero Heavy Check Bags on boardN804SK. 18. Inresponse to Paragraph 18, SkyWest admits that it operated N804SK as Flight 4464 to LAS.



### 4IV. 19. In response to Paragraph 19, SkyWest admits that onMarch 9, 2011, at Chicago O'Hare Intemational Airport (ORD), Chicago, Illinois, SkyWest loadedpassengers andbaggage

.onto N907SW, to be operated as Flight 6756 bound for City ofColorado Sprints [sic] Municipal Airport (COS), Colorado Springs, Colorado. 20. In response to Paragraph 20, SkyWest is without sufficient infom1ation orknowledge from which to form a beliefas to the truth ofthe allegation that Sky West'spersom1el at ORD loaded one Heavy Checked Bag, 1narked with a HeavyBag tag onto N907SW, and therefore denies the same. 21. In response to Paragraph 21, SkyWest admits the CLR for Flight 6756listed zero Heavy CheckBags onboard N907SW. 22. In response to Paragraph 22, SkyWest admits that it operated N907SW as Flight 6756 to 

## cos. v. 23: In response to Paragraph 23, SkyWest admits that on March 9, 2011, at ORD, Chicago, Illinois, SkyWest loaded passengers and baggage onto N973SW, to be operated as Flight 6991 bound for COS. 24. Inresponse to Paragraph 24, SkyWest is without sufficient infonnation orknowledge from which to f01m a beliefas to the truth ofthe allegation that SkyWest'spersonnel at ORD

5loaded two Heavy Check Bags, marked with "HeavyBag" tags, onto N973SW, and therefore denies the same. 25. In response to Paragraph 25, SkyWest admits that the CLR for Flight 6991 listed zero Heavy CheckBags onboardN973SW. 26. In response to Paragraph 26, SkyWest admits that it operated N973SW as Flight 6991 to 

## cos. VI. 27. In response to Paragraph 27, SkyWest admits that onMarch 14, 2011, at Denver Intemational Airport (DEN), Denver, Colorado, SkyWest loaded passengers and baggage onto N679SA, to be operated as Flight 6960 bound for Joe Foss Field Airport (FSD), Sioux Falls, South Dakota. 28. Inresponse to Paragraph 28, SkyWest is without sufficient information orknowledge from which to fonn a beliefas to the truth ofthe allegation that Sky West'spersonnel at DEN loaded one Heavy Checked Bag, marked with a "HeavyBag" tag onto N679SA, and therefore denies the same. 29. Inresponse to Paragraph 29, SkyWest admits that the CLRfor Flight 6960 listed zero Heavy Check Bags onboard N679SA. 30. In response to Paragraph30, SkyWest admits that it operated N679SA as Flight 6960 to FSD.

6VII. 31. 

### Inresponse to Paragraph 31, Sky West admits it has paidreduced civil penalties oneight previous cases involving loading ofcargo contraryto approvedprocedures. VIII. SkyWest generally denies all remaining allegations set fo1ih in the Complaint. AFFIRMATIVE DEFENSES 1. The proposedpenaltyis excessive and violates FAA orders. 2. SkyWest mayhave other affirmative defenses not currentlyknownbut which may become lmown through discovery. SkyWestreserves the right to allege such affinnative defenses as theybecomelmown. DATED this lOth day ofSeptember, 2012.

# ~i~~~'= Todd C. Emerson Attorney for SkyWestAirlines

7CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 1oth day ofSeptember, 2012, a true and correct copy ofthe foregoing ANSWERAND AFFIRMATIVE DEFENSES was served as follows: Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 {Federal Express} JeffreyM. Harper Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 {Facsimile andFederalExpress}

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