Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84790 

Telephone: ( 435) 634-3530 

Facsimile: ( 435) 634-3505 

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RECEIVED 

SEP 11 2012 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SkyW est Airlines, Inc. 

FAA DOCKET CP: Unassigned 

FAA Case No. 2011NM060047 

FDMS No. FAA-2012-0872 

Judge Richard C. Goodwin 

ANSWER AND AFFIRMATIVE DEFENSES 

SkyWest Airlines, Inc. ("SkyWest"), by its counsel, hereby files its Answer, pursuant to 

Rule 209 ofthe Rules of Practice (14 C.F.R. 13.209), and states as follows: 

I. 

SkyWest admits that it was advised through a Final Notice of Proposed Civil Penalty that 

the FAA proposed to assess a civil penalty in the amount of$160,000, and on August 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 of Scheduled Air Carrier Certificate No. SWIA011A, and conducts its 

operations pursuant to Part 121 ofthe Federal Aviation Regulations (FAR). 

2. In response to Paragraph 2, Sky West admits that Paragraph D085 of SkyW est'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 of Sky 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 Paragraph D085 of Sky West's OpSpecs 

authorizes SkyWest to use N973SW, a Bombardier CL-600-2B19 civil aircraft, in the 

conduct of SkyWest's Part 121 operations. 

5. In response to Paragraph 5, SkyWest admits that Paragraph D085 ofSkyWest's OpSpecs 

authorizes SkyWest to use N804SK, a Bombardier CL-600-2D24 civil aircraft, in the 

conduct of SkyW est's Part 121 operations. 

6. In response to Paragraph 6, SkyWest admits that Paragraph A098 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, Part XII, 

revision Orig of 1 APR 10" (W&B Manual). 

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7. In response to Paragraph 7, Sky West admits that Paragraph A099 of Sky 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 1 APR 1 0" (W &B Manual). 

8. In response to Paragraph 8, SkyWest admits that its W&B Manual contains the loading 

schedules and instmctions for SkyWest's Bombardier 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 of standard and heavy bags 

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 verify the piece count of all "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 of Heavy Checked Baggage loaded 

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

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14. In response to Paragraph 14, SkyWest admits that its W&B Manual, Chapter 4, paragraph 

11 -Aircraft Loading, contains the waming: 

A W.A.R~~lNG -INAC:CURATE LOADlNG, REPO:RHNG, OR 

FAlWR.E TO REPORT INFORMATION COUlD CAUSE ISSUES 

WITH AIRCRAFT PERFORMANCE AND 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, SkyW est 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 belief as to the truth ofthe allegation that SkyWest's personnel at LAX 

loaded two Heavy Checked Bags, marked with "Heavy Bag" tags onto N804SK, and 

therefore denies the same. 

17. In response to Paragraph 17, SkyWest admits the CLR for Flight 4464listed zero Heavy 

Check Bags on board N804SK. 

18. In response to Paragraph 18, SkyWest admits that it operated N804SK as Flight 4464 to 

LAS. 

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IV. 

19. In response to Paragraph 19, SkyWest admits that on March 9, 2011, at Chicago O'Hare 

Intemational Airport (ORD), Chicago, Illinois, SkyWest loaded passengers and baggage 

. onto N907SW, to be operated as Flight 67 56 bound for City of Colorado Sprints [sic] 

Municipal Airport (COS), Colorado Springs, Colorado. 

20. In response to Paragraph 20, SkyWest is without sufficient infom1ation or knowledge from 

which to form a belief as to the truth of the allegation that Sky West's persom1el at ORD 

loaded one Heavy Checked Bag, 1narked with a Heavy Bag tag onto N907SW, and 

therefore denies the same. 

21. In response to Paragraph 21, SkyWest admits the CLR for Flight 6756listed zero Heavy 

Check Bags on board 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. In response to Paragraph 24, SkyWest is without sufficient infonnation or knowledge from 

which to f01m a belief as to the truth of the allegation that SkyWest's personnel at ORD 

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loaded two Heavy Check Bags, marked with "Heavy Bag" 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 Check Bags on board N973SW. 

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 on March 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. In response to Paragraph 28, SkyWest is without sufficient information or knowledge from 

which to fonn a belief as to the truth ofthe allegation that Sky West's personnel at DEN 

loaded one Heavy Checked Bag, marked with a "Heavy Bag" tag onto N679SA, and 

therefore denies the same. 

29. In response to Paragraph 29, SkyWest admits that the CLR for Flight 6960 listed zero 

Heavy Check Bags on board N679SA. 

30. In response to Paragraph30, SkyWest admits that it operated N679SA as Flight 6960 to 

FSD. 

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VII. 

31. In response to Paragraph 31, Sky West admits it has paid reduced civil penalties on eight 

previous cases involving loading of cargo contrary to approved procedures. 

VIII. 

SkyWest generally denies all remaining allegations set fo1ih in the Complaint. 

AFFIRMATIVE DEFENSES 

1. The proposed penalty is excessive and violates FAA orders. 

2. SkyWest may have other affirmative defenses not currently known but which may 

become lmown through discovery. SkyWest reserves the right to allege such 

affinnative defenses as they become lmown. 

DATED this lOth day of September, 2012. 

~i~~~'= Todd C. Emerson 

Attorney for Sky West Airlines 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 1oth day of September, 2012, a true and 

correct copy of the foregoing ANSWER AND 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 2W1 000 

{Federal Express} 

Jeffrey M. Harper 

Federal Aviation Administration 

Northwest Mountain Region, ANM -7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

{Facsimile and Federal Express} 

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