465 California Street 

Suite 210 

• 

San Francisco 

California 941 04 

• 

(415) 421-2500 

Fax (415) 421-2560 

www.avialex.com 

law@avialex.com 

Michael L. Dworkin and Associates 

Law Offices 

FED EX: 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -Suite 2W1000 

RE: SKYWEST AIRLINES, INC. 

MOTION TO CONSOLIDATE; 

FIRST AMENDED ANSWER 

(FAA-~0776); > 

FIRST AMENDED ANSWER 

(F AA-2012-0868); 

FIRST AMENDED ANSWER 

(FAA-2012-0904); 

Dear Hearing Docket Clerk: 

RECEIVED 

JUN 2 7 2013. 

HEARING DOCKET 

June 25, 2013 

FIRST AMENDED ANSWER 

(FAA-2012-0869); 

FIRST AMENDED ANSWER 

(FAA-2012-0872); 

FIRST AMENDED ANSWER 

(FAA-2012-0874); 

FIRST AMENDED ANSWER 

(FAA-2012-0873) 

,._, 

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...... .,.. .. ....;;:::..... 

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Enclosed herewith for filing are the above referenced documents. 

· cc: The Honorable Richard C. Goodwin 

Administrative Law Judge 

Robert Spitzer, Esq. 

FAA,ANM-7 

Very truly yours, 

Caii!M~~ Caitlin M. Miller 

Legal Assistant 
Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

Email: temerson@skywest.com 

__ - and -:___ _ _ - ····-----···--

Michael L. Dworkin #6404 7 

MICHAEL L. DWORKIN AND ASSOCIATES 

465 California Street, Suite 21 0 

San Francisco, California 94104 

Telephone: (415) 421-02500 

Facsimile: (415) 421-2560 

Email: law@avialex.com 

Attorneys for Sky West Airlines, Inc. 

RECEIVED 

JUN 2 7 2013 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SKYWEST AIRLINES, INC. 

FDMS Case Nos.: FAA-2012-0869; FAA2012- 0868; FAA-2012-0874; FAA-2012-

0872; FAA-2012-0873; FAA-2012-0904 and 

FAA-2012-0776 

SKYWEST AIRLINES, INC.'S 

MOTION TO CONSOLIDATE 

Judge: The Honorable Richard C. Goodwin 

Pursuant to 14 CFR Section 302.410, Consolidation of Proceedings, SkyWest Airlines, 

Inc. ("SKYWEST"), by its counsel, hereby requests the Court consolidate FDMS Case Nos.: 
FAA-2012-0869; 

FAA-2012- 0868; 

FAA-2012-0874; 

FAA-2012-0872; 

FAA-2012-0873; 

FAA-2012-0904; and 

F AA-20 12-0776. 

All seven matters involve the same parties, are based on the same cargo loading 

procedures, have similar facts, allege violation of the same Federal Aviation Regulations, and 

Respondent has asserted the same or similar affirmative defenses in all seven cases. 

Consolidating these matters will be conducive to the dispatch of business and to the ends 

of justice and will not unduly delay the proceedings. 

WHEREFORE, it is prayed that the Administrative Law Judge consolidate the seven cases 

referenced above for hearing . 

. a,! 

DATED thisZ/ day of June, 2013. 

Michael L. Dworkin 

Co-Counsel for SKYWEST Airlines 

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012- 0868; FAA-2012-0874; 

FAA-2012-0872; and FAA-2012-0873 

SKYWEST AIRLINES, INC.'S MOTION TO CONSOLIDATE 

2 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on --""(p-+/......,1.~5=-+-/~13=----' a true and correct copy I I 

of the foregoing 

SKYWEST AIRLINES, INC'S MOTION TO CONSOLIDATE; 

---- ____ . SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWE~ (FAA-2012-0776); -· _______ _ 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0868); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (F AA-2012-0904); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0869);_ 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0872); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER {FAA-2012-0874); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0873) 

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 E12-320 

Washington, D.C. 20590 

{Federal Express} 

Federal Aviation Administration 

800 Independence A venue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

{Federal Express} 

Robert Spitzer, Esq. 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

FAX: (425) 227-1007 

{Facsimile and Federal Express} 

Caitlin Miller 

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and F AA-2012-0873 

SKYWEST AIRLINES, INC.'S MOTION TO CONSOLIDATE 

3 
Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84 790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

Email: temerson@skywest.com 

_____ -Jtnd_-

Michael L. Dworkin #6404 7 

MICHAEL L. DWORKIN AND ASSOCIATES 

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 

JUN 2 7 2013 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SKYWEST AIRLINES, INC. 

FDMS Case Nos.: FAA-2012-0776 

SKYWEST AIRLINES, INC.'S 

FIRST AMENDED ANSWER 

Judge: The Honorable Richard C. Goodwin 

SkyWest Airlines, Inc. ("SKYWEST"), by its counsel, hereby files its First Amended 

Answer, pursuant to Rule 213 of the Rules of Practice, (14 CFR § 13.213), and states as follows: 
I. 

SKYWEST hereby incorporates those admissions, objections and denials as set forth in 

its original Answers. 

- -- -II. ___ - -··· - - -- - -----------

SKYWEST hereby amends its Answer by adding the following Affirmative Defenses: 

FIRST AFFIRMATIVE DEFENSE 

As and for a separate and distinct defense, SKYWEST alleges: 

I. 

The sanction sought by Complainant is unwarranted by the facts, safety in commerce and the 

public interest and is not only excessive, but, far exceeds policy, precedent and Complainant's 

own Sanction Guidance Table. Further, the sanction is compounded, in violation of the 

Complainant's own Sanction Guidance Table. 

SECOND AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The Complainant's case, is unwarranted and without basis or jurisdiction in law or fact. 

THIRD AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

FDMS Case No. FAA-2012-0776 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

2 
The complained of aircraft weight differentials, if any, were nominal at best and had 

absolutely no effect on aircraft center of gravity, performance, performance computations or 

safety. 

FOURTH AFFIRMATIVE DEFENSE 

-· ·-·---- - ·····- -···-·---

As and for a separate distinct defense, SK.YWESTalleges:- - - ··· ---- --------

I. 

SKYWEST has proactively mitigated any and all damage such that this action is 

unwarranted by policy or the need for safety. Specifically, SKYWEST has: 

1. Counseled all personnel involved in the loading and counting ofthe bags following each 

of the alleged incidents and the two agents responsible for loading the subject aircraft 

are no longer employed with the company; 

n. Required Sky West Station supervisors to review Sky West ballast policies during shift 

briefings over the course of several months following the incident and thereafter 

published and distributed an outline of Sky West's ballast policies to all MFR 

employees; 

iii. Created and implemented procedures to create cross-utilized responsibilities so that all 

agents perform above-wing and below-wing job functions to ensure future 

compliance; 

1v. Required Station management and certified station trainers to review Sky West ballast 

loading policies with all MFR station employees as part of transition training; 

v. Briefed all SkyWest station managers on SkyWest ballast procedures during the April 

2011 regional meeting immediately following the subject incident and were apprised 

FDMS Case No. FAA-2012-0776 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

3 
on this particular incident in conjunction with the FAA presentation at the 2011 

SkyWest CST Conferenc in March 2011 by FAA Principal Operations Inspector 

Andrew Ayers; 

vi. Updated and revised the aircraft loading procedures set forth in its Station Operations 

--.. --· -··- --Manmil SP 5560-to-specifically address said problemsand ensure-future-compliance;·-

vii. Implemented initiatives to ensure all stations are physically staffed to allow one agent to 

directly account for the aircraft loading process on each SKYWEST flight, to ensure 

accurate physical baggage counts, cargo weights, and weight and balance 

communication with flight deck crews; 

viii. Performed internal evaluations of cargo load reporting and determined that 

compliance had been achieved. 

FIFTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The average weight programs contemplated by AC120-27E fully acknowledges that the 

use of actual baggage and passenger weights are impractical, and by their very nature, permit 

discrepancies between what is contained in the load manifest and the actual weight of the 

aircraft. 

SIXTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

FDMS Case No. FAA-2012-0776 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

4 
Any and all discrepancies upon which these actions are based are the product of simple 

human arithmetic error or mistake and in no way are indicative of SKYWEST's regulatory 

compliance disposition as all relevant employees were adequately trained and qualified and have 

since received additional training and internal audits have shown adequate compliance levels has 

--· -been-reached.'·· · - · · --· ·- ·-·-···- ·-····· 

SEVENTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has taken all necessary corrective actions to avoid repeated mishaps such that 

additional penalties are redundant and will not result in any increase in safety. 

WHEREFORE, it is prayed that the Administrative Law Judge not enter an order that 

SKYWEST be assessed a civil penalty in the amount of $50,000.00, or in any other amount; that 

the Complaint be dismissed with prejudice; and for such other and further relief as may be 

deemed appropriate. 

/) &j. 

DATED thispl_f_ day of June, 2013. 

.-/ Michael L. Dworkin 

Co-Counsel for SKYWEST Airlines 

FDMS Case No. FAA-2012-0776 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

5 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on _h:::..,/r-«Z"""5::c.,,t-JIL'-"·z,""--___ , a true and correct copy 

of the foregoing 

SKYWEST AIRLINES, INC'S MOTION TO CONSOLIDATE; 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0776); 

---·-- - S:kYWESt AlRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012~0868); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0904); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0869); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0872); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0874); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0873) 

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 E12-320 

Washington, D.C. 20590 

{Federal Express} 

Federal Aviation Administration 

800 Independence A venue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1 000 

(Federal Express} 

Robert Spitzer, Esq. 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

FAX: (425) 227-1007 

{Facsimile and Federal Express} 

Caitlin Miller ~ -

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873 
Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84 790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

Email: temerson@skywest.com 

-andRECEIVED 

JUN 2 7 2013 

HEARING DOCKET 

--- ···-···- ·-- -----·--··---------------------··-··--··-·---··---

Michael L. Dworkin #6404 7 

MICHAEL L. DWORKIN AND ASSOCIATES 

465 California Street, Suite 210 

San Francisco, California 941 04 

Telephone: (415) 421-02500 

Facsimile: (415) 421-2560 

Email: law@avialex.com 

Attorneys for Sky West Airlines, Inc. 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SKYWEST AIRLINES, INC. 

FDMS Case Nos.: FAA-2012-0868 

SKYWEST AIRLINES, INC.'S 

FIRST AMENDED ANSWER 

Judge: The Honorable Richard C. Goodwin 

Sky West Airlines, Inc. ("SKYWEST"), by its counsel, hereby files its First Amended 

Answer, pursuant to Rule 213 of the Rules of Practice, (14 CFR § 13.213), and states as follows: 

I. 
SKYWEST hereby incorporates those admissions, objections and denials as set forth in 

its original Answers. 

------

II. 

----- SKYWEST hereby -amends its-Answer to ·add the- following Affirmative Defenses;- -------- ---

FIRST AFFIRMATIVE DEFENSE 

As and for a separate and distinct defense, SKYWEST alleges: 

I. 

The sanction sought by Complainant is unwarranted by the facts, safety in commerce and the 

public interest and is not only excessive, but, far exceeds policy, precedent and Complainant's 

own Sanction Guidance Table. Further, the sanction is compounded, in violation of the 

Complainant's own Sanction Guidance Table. 

SECOND AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The Complainant's case, is unwarranted and without basis or jurisdiction in law or fact. 

THIRD AFFIRMATIVE DEFENSE 

FDMS Case Nos.: FAA-2012-0868 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

2 
As and for a separate distinct defense, SKYWEST alleges: 

I. 

The complained of aircraft weight differentials, if any, were nominal at best and had 

absolutely no effect on aircraft center of gravity, performance, performance computations or 

safety. 

FOURTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

- -· -- _, _______ -~--------

SKYWEST has proactively mitigated any and all damage such that this action is 

unwarranted by policy or the need for safety. Specifically, SKYWEST has: 

1. Counseled all personnel involved in the loading and counting of the bags following each 

of the alleged incidents; 

n. Issued SKYWEST Customer Service Training Bulletin 2010-14, Designated Loading 

Agent Responsibilities, directed at providing additional training in avoiding bag count 

discrepancies; 

iii. Issued SKYWEST Customer Service Training Bulletin 2010-04, Aircraft Loading 

Procedures, directed at providing additional training in avoiding bag count 

discrepancies; 

iv. Updated and revised the aircraft loading procedures set forth in its Station Operations 

Manual SP 5500 to specifically address said problems and ensure future compliance; 

v. Implemented initiatives to ensure all stations are physically staffed to allow one agent to 

FDMS Case Nos.: FAA-2012-0868 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

3 
directly account for the aircraft loading process on each SKYWEST flight, to ensure 

accurate physical baggage counts, cargo weights, and weight and balance 

communication with flight deck crews; 

vi. Performed internal evaluations of cargo load reporting and determined that compliance 

·····-- -- -----·---

had been achieved. 

FIFTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The average weight programs contemplated by AC120-27E fully acknowledges that the 

use of actual baggage and passenger weights are impractical, and by their very nature, permit 

discrepancies between what is contained in the load manifest and the actual weight of the 

aircraft. 

SIXTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

Any and all discrepancies upon which these actions are based are the product of simple 

human arithmetic error and in no way are indicative of SKYWEST's regulatory compliance 

disposition as all relevant employees were adequately trained and qualified and have since 

received additional training and internal audits have shown adequate compliance levels has been 

reached. 

FDMS Case Nos.: FAA-2012-0868 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

4 
SEVENTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has taken all necessary corrective actions to avoid repeated mishaps such that 

------ ~·- ··--·-- -··- ·- - - -·-·-····- -·· -·- - ··- - .·- ··-· --· 

additional penalties are redundant and will not result in any increase in safetY .. 

WHEREFORE, it is prayed that the Administrative Law Judge not enter an order that 

SKYWEST be assessed a civil penalty in the amount of $40,000.00, or in any other amount; that 

the Complaint be dismissed with prejudice; and for such other and further relief as may be 

deemed appropriate. 

DATED thiZI. sday of June, 2013. 

Michael L. Dworkin 

Co-Counsel for SKYWEST Airlines 

FDMS Case Nos.: FAA-2012-0868 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

5 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on _b~/L.o<Z;,:_;5=,/~tw.'3,e_____ ___ , a true and correct copy 

ofthe foregoing 

SKYWEST AIRLINES, INC'S MOTION TO CONSOLIDATE; 

" _____ SKYWESTAIRLI~ES, IN"C'SFIR$J' AlYJ:Ji:NDED ~NSWEI~J~A-2012-0776); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0868); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0904); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0869); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0872); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0874); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0873) 

was served as follows: 

The Honorable Richard C. Goodwin 

Office ofHearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

Room E12-320 

Washington, D.C. 20590 

{Federal Express} 

Federal Aviation Administration 

800 Independence A venue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1 000 

{Federal Express} 

Robert Spitzer, Esq. 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

FAX: (425) 227-1007 

{Facsimile and Federal Express} 

Caitlin Miller s.....> 

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873 
Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

Email: temerson@skywest.com 

-andRECEIVED 

JUN 2 7 2013 

HEARING DOCKET 

--- - --·---------

Michael L. Dworkin #6404 7 

MICHAEL L. DWORKIN AND ASSOCIATES 

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. 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SKYWEST AIRLINES, INC. 

FDMS Case Nos.: FAA-2012-0904 

SKYWEST AIRLINES, INC.'S 

FIRST AMENDED ANSWER 

Judge: The Honorable Richard C. Goodwin 

Sky West Airlines, Inc. ("SKYWEST"), by its counsel, hereby files its First Amended 

Answer, pursuant to Rule 213 ofthe Rules of Practice, (14 CFR § 13.213), and states as follows: 
I. 

SKYWEST hereby incorporates those admissions, objections and denials as set forth in 

its original Answers. 

----- IL ____ -- - ·-·· 

SKYWEST hereby amends its Answer by adding the following Affirmative Defenses: 

FIRST AFFIRMATIVE DEFENSE 

As and for a separate and distinct defense, SKYWEST alleges: 

I. 

The sanction sought by Complainant is unwarranted by the facts, safety in commerce and the 

public interest and is not only excessive, but, far exceeds policy, precedent and Complainant's 

own Sanction Guidance Table. Further, the sanction is compounded, in violation of the 

Complainant's own Sanction Guidance Table. 

SECOND AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The Complainant's case, is unwarranted and without basis or jurisdiction in law or fact. 

FDMS Case No. FAA-2012-0904 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

2 
THIRD AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The complained of aircraft weight differentials, if any, were nominal at best and had 

absolutely no effect on aircraft center of gravity, performance, performance computationsor- -

safety. 

FOURTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has proactively mitigated any and all damage such that this action is 

unwarranted by policy or the need for safety. Specifically, SKYWEST has: 

i. Counseled all personnel involved in the loading ofCOMAT following each ofthe alleged 

incidents; 

n. The local Delta Station Safety Coordinator distributed a Safety Bulletin outlining 

SkyWest aircraft loading procedures and policies to all performance leaders and ramp 

personnel. 

iii. Local Delta station management facilitated CLR accuracy training during pre-shift 

briefings. 

iv. SkyWest SLC Shift Managers conduct weekly flight turn observations of Delta groundhandled SkyWest flights to ensure compliance with SkyWest aircraft loading 

procedures and policies. 

FDMS Case No. FAA-2012-0904 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

3 
v. Updated and revised the aircraft loading procedures set forth in its Station Operations 

Manual SP 5500 to specifically address said problems and ensure future compliance; 

vi. Implemented initiatives to ensure all stations are physically staffed to allow one agent to 

directly account for the aircraft loading process on each SKYWEST flight, to ensure 

' ·-· ·--····----·- accurate physical baggage-countS, cargo weights,-and-weighf and balance - -- -- - - -- - ----

communication with flight deck crews; 

vii. Performed internal evaluations of cargo load reporting and determined that compliance 

had been achieved. 

FIFTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The average weight programs contemplated by AC120-27E fully acknowledges that the 

use of actual baggage and passenger weights are impractical, and by their very nature, permit 

discrepancies between what is contained in the load manifest and the actual weight of the 

aircraft. 

SIXTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

Any and all discrepancies upon which these actions are based are the product of simple 

human arithmetic error and in no way are indicative of SKYWEST's regulatory compliance 

FDMS Case No. FAA-2012-0904 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

4 
disposition as all relevant employees were adequately trained and qualified and have since 

received additional training and internal audits have shown adequate compliance levels has been 

reached. 

SEVENTH AFFIRMATIVE DEFENSE 

I. 

SKYWEST has taken all necessary corrective actions to avoid repeated mishaps such that 

additional penalties are redundant and will not result in any increase in safety. 

WHEREFORE, it is prayed that the Administrative Law Judge not enter an order that 

SKYWEST be assessed a civil penalty in the amount of $40,000.00, or in any other amount; that 

the Complaint be dismissed with prejudice; and for such other and further relief as may be 

deemed appropriate. 

5;. 

DATED th~ day of June, 2013. 

,...,. ...... ·· 

/ 

/ ----bL--~L----___::__/ 

Michael L. Dworkin 

Co-Counsel for SKYWEST Airlines 

FDMS Case No. FAA-2012-0904 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

5 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on h/15/tb , a true and correct copy 

of the foregoing 

SKYWEST AIRLINES, INC'S MOTION TO CONSOLIDATE; 

-- ----- SKYWESTAIRLINES, INC'.S FIRST AMENDED ANSWER (FAA-2012-0776); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (F AA:.20l2-0868); --------

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0904); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0869); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (F AA-2012-0872); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0874); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0873) 

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 E12-320 

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 2W1 000 

{Federal Express} 

Robert Spitzer, Esq. 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

FAX: (425) 227-1007 

{Facsimile and Federal Express} 

Caitlin Miller -.> 

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873 
Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84 790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

Email: temerson@skywest.com 

-·-----and....:: __ -----

Michael L. Dworkin #64047 

MICHAEL L. DWORKIN AND ASSOCIATES 

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 

JUN 2 7 2013 

HEARING DOCKET 

--------------

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SKYWEST AIRLINES, INC. 

FDMS Case Nos.: FAA-2012-0869 

SKYWEST AIRLINES, INC.'S 

FIRST AMENDED ANSWER 

Judge: The Honorable Richard C. Goodwin 

Sky West Airlines, Inc. ("SKYWEST"), by its counsel, hereby files its First Amended 

Answer, pursuant to Rule 213 of the Rules of Practice, (14 CFR § 13.213), and states as follows: 

I. 
SKYWEST hereby incorporates those admissions, objections and denials as set forth in 

its original Answers. 

II. 

SKYWEST hereby amends its Answer to add the following Affirmative Defenses: 

FIRST AFFIRMATIVE DEFENSE 

As and for a separate and distinct defense, SKYWEST alleges: 

I. 

The sanction sought by Complainant is unwarranted by the facts, safety in commerce and the 

public interest and is not only excessive, but, far exceeds policy, precedent and Complainant's 

own Sanction Guidance Table. Further, the sanction is compounded, in violation of the 

Complainant's own Sanction Guidance Table. 

SECOND AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The Complainant's case, is unwarranted and without basis or jurisdiction in law or fact. 

THIRD AFFIRMATIVE DEFENSE 

FDMS Case Nos.: FAA-2012-0869 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

2 
As and for a separate distinct defense, SKYWEST alleges: 

I. 

The complained of aircraft weight differentials, if any, were nominal at best and had 

absolutely no effect on aircraft center of gravity, performance, performance computations or 

----·-- ---- ------- ----------------------·----- --···-----·--- ----------------------

safety. 

FOURTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has proactively mitigated any and all damage such that this action is 

unwarranted by policy or the need for safety. Specifically, SKYWEST has: 

1. Counseled all personnel involved in the loading and counting of the bags following each 

of the alleged incidents; 

n. Issued SKYWEST Customer Service Training Bulletin 2010-14, Designated Loading 

Agent Responsibilities, directed at providing additional training in avoiding bag count 

discrepancies; 

iii. Issued SKYWEST Customer Service Training Bulletin 2010-04, Aircraft Loading 

Procedures, directed at providing additional training in avoiding bag count 

discrepancies; 

iv. Updated and revised the aircraft loading procedures set forth in its Station Operations 

Manual SP 5500 to specifically address said problems and ensure future compliance; 

v. Implemented initiatives to ensure all stations are physically staffed to allow one agent to 

FDMS Case Nos.: FAA-2012-0869 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

3 
directly account for the aircraft loading process on each SKYWEST flight, to ensure 

accurate physical baggage counts, cargo weights, and weight and balance 

communication with flight deck crews; 

v1. Performed internal evaluations of cargo load reporting and determined that compliance 

. -----·----

had been achieved. 

FIFTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The average weight programs contemplated by AC120-27E fully acknowledges that the 

use of actual baggage and passenger weights are impractical, and by their very nature, permit 

discrepancies between what is contained in the load manifest and the actual weight of the 

aircraft. 

SIXTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

Any and all discrepancies upon which these actions are based are the product of simple 

human arithmetic error and in no way are indicative of SKYWEST's regulatory compliance 

disposition as all relevant employees were adequately trained and qualified and have since 

received additional training and internal audits have shown adequate compliance levels has been 

reached. 

FDMS Case Nos.: FAA-2012-0869 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

4 
SEVENTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has taken all necessary corrective actions to avoid repeated mishaps such that 

additional penalties are redundant and will not result in any increase in safety. ······-·- . - -·- --··-·---------

WHEREFORE, it is prayed that the Administrative Law Judge not enter an order that 

SKYWEST be assessed a civil penalty in the amount of $40,000.00, or in any other amount; that 

the Complaint be dismissed with prejudice; and for such other and further relief as may be 

deemed appropriate. 

I J s...~ 

DATED thisV __ day of June, 2013. 

Michael L. Dworkin 

Co-Counsel for SKYWEST Airlines 

FDMS Case Nos.: FAA-2012-0869 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

5 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on ----'b~/'-"'l"'"'5:::.o/'-'t'-""'- 3,e__ ___ , a true and correct copy 

of the foregoing 

SKYWEST AIRLINES, INC'S MOTION TO CONSOLIDATE; 

SKYWEST AIRLINES,. INC'S FIRST AMENDED ANSWER (FAA-2012-0776); 

--- SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (F AA.,-2012-0868);, __ 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0904); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0869); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0872); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0874); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0873) 

was served as follows: 

The Honorable Richard C. Goodwin 

Office ofHearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

Room E12-320 

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 2Wl 000 

{Federal Express} 

Robert Spitzer, Esq. 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

FAX: (425) 227-1007 

{Facsimile and Federal Express} 

Caitlin Miller 

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873 
Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84790 

Telephone: ( 435) 634-3530 

Facsimile: (435) 634-3505 

Email: temerson@skywest.com 

RECEIVED 

JUN 2 7 2013 

HEARING DOCKET 

--------and---·- _____________________________ _ 

Michael L. Dworkin #6404 7 

MICHAEL L. DWORKIN AND ASSOCIATES 

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. 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SKYWEST AIRLINES, INC. 

FDMS Case Nos.: FAA-2012-0872 

SKYWEST AIRLINES, INC.'S 

FIRST AMENDED ANSWER 

Judge: The Honorable Richard C. Goodwin 

Sky West Airlines, Inc. ("SKYWEST"), by its counsel, hereby files its First Amended 

Answer, pursuant to Rule 213 of the Rules of Practice, (14 CFR § 13.213), and states as follows: 

I. 
SKYWEST hereby incorporates those admissions, objections and denials as set forth in 

its original Answers. 

II. 

-- -·-·--- -· -- -··- - ·- -·-·---·-·- SKYWEST hereby amends-its Answer to-add the-following-AffirrrUitive Defenses:~--··--·--~·-

FIRST AFFIRMATIVE DEFENSE 

As and for a separate and distinct defense, SKYWEST alleges: 

I. 

The sanction sought by Complainant is unwarranted by the facts, safety in commerce and the 

public interest and is not only excessive, but, far exceeds policy, precedent and Complainant's 

own Sanction Guidance Table. Further, the sanction is compounded, in violation of the 

Complainant's own Sanction Guidance Table. 

SECOND AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I: 

The Complainant's case, is unwarranted and without basis or jurisdiction in law or fact. 

THIRD AFFIRMATIVE DEFENSE 

FDMS Case Nos.: FAA-2012-0872 

SKYWEST AIRLINES, INC.'S FffiST AMENDED ANSWER 

2 
As and for a separate distinct defense, SKYWEST alleges: 

I. 

The complained of aircraft weight differentials, if any, were nominal at best and had 

absolutely no effect on aircraft center of gravity, performance, performance computations or 

safety. ----- -·-·- -·-··---~----···-·---·--· --·- -----·--··-------

FOURTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has proactively mitigated any and all damage such that this action is 

unwarranted by policy or the need for safety. Specifically, SKYWEST has: 

1. Counseled all personnel involved in the loading and counting of the bags following each 

of the alleged incidents; 

n. Issued SKYWEST Customer Service Training Bulletin 2010-14, Designated Loading 

Agent Responsibilities, directed at providing additional training in avoiding bag count 

discrepancies; 

iii. Issued SKYWEST Customer Service Training Bulletin 2010-04, Aircraft Loading 

Procedures, directed at providing additional training in avoiding bag count 

discrepancies; 

iv. Updated and revised the aircraft loading procedures set forth in its Station Operations 

Manual SP 5500 to specifically address said problems and ensure future compliance; 

v. Implemented initiatives to ensure all stations are physically staffed to allow one agent to 

FDMS Case Nos.: FAA-2012-0872 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

3 
directly account for the aircraft loading process on each SKYWEST flight, to ensure 

accurate physical baggage counts, cargo weights, and weight and balance 

communication with flight deck crews; 

v1. Performed internal evaluations of cargo load reporting and determined that compliance 

had been achieved. 

FIFTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The average weight programs contemplated by AC120-27E fully acknowledges that the 

use of actual baggage and passenger weights are impractical, and by their very nature, permit 

discrepancies between what is contained in the load manifest and the actual weight of the 

aircraft. 

SIXTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

Any and all discrepancies upon which these actions are based are the product of simple 

human arithmetic error and in no way are indicative of SKYWEST' s regulatory compliance 

disposition as all relevant employees were adequately trained and qualified and have since 

received additional training and internal audits have shown adequate compliance levels has been 

reached. 

FDMS Case Nos.: FAA-2012-0872 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

4 
SEVENTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has taken all necessary corrective actions to avoid repeated mishaps such that 

- ----·-·---- ·--- T-~- -----·L- -~- ---··- - -~---~- --------

additional penalties are redundant and will not result in any incre-ase-1nsafeiY. ----------------

WHEREFORE, it is prayed that the Administrative Law Judge not enter an order that 

SKYWEST be assessed a civil penalty in the amount of$160,000.00, or in·any other amount; 

that the Complaint be dismissed with prejudice; and for such other and further relief as may be 

deemed appropriate. 

0 ,:f:j 

DATED thisV' __ day of June, 2013. 

Michael L. Dworkin 

Co-Counsel for SKYWEST Airlines 

FDMS Case Nos.: FAA-2012-0872 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

5 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on ----'h=-~,/'""'2"'"""5=-</~IL..:>"3""------' a true and correct copy 

of the foregoing 

SKYWEST AIRLINES, INC'S MOTION TO CONSOLIDATE; 

----SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0776); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (F AA-2012-0868); ____ -----

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0904); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0869); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (F AA-2012-0872); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0874); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (F AA-2012-0873) 

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 E12-320 

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 2W1 000 

{Federal Express} 

Robert Spitzer, Esq. 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

FAX: (425) 227-1007 

{Facsimile and Federal Express} 

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873 
Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84 790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

Email: temerson@skywest.com 

---=--and_-: __________ _ 

Michael L. Dworkin #6404 7 

MICHAEL L. DWORKIN AND ASSOCIATES 

465 California Street, Suite 210 

San Francisco, California 94104 

Telephone: (415) 421-02500 

Facsimile: (415) 421-2560 

Email: law@avialex.com 

Attorneys for SkyWest Airlines, Inc. 

RECEIVED 

JUN 2 7 2013 

HEARING DOCKET 

---~~----

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SKYWEST AIRLINES, INC. 

FDMS Case Nos.: FAA-2012-0874 

SKYWEST AIRLINES, INC.'S 

FIRST AMENDED ANSWER 

Judge: The Honorable Richard C. Goodwin 

Sky West Airlines, Inc. ("SKYWEST"), by its counsel, hereby files its First Amended 

Answer, pursuant to Rule 213 of the Rules of Practice, (14 CFR § 13.213), and states as follows: 

I. 
SKYWEST hereby incorporates those admissions, objections and denials as set forth in 

its original Answers. 

II. 

-------··- - ·-- SKYWEST hereby amencfs its Answer to ado the following -Affirmative Defenses: - ----

FIRST AFFIRMATIVE DEFENSE 

As and for a separate and distinct defense, SKYWEST alleges: 

I. 

The sanction sought by Complainant is unwarranted by the facts, safety in commerce and the 

public interest and is not only excessive, but, far exceeds policy, precedent and Complainant's 

own Sanction Guidance Table. Further, the sanction is compounded, in violation of the 

Complainant's own Sanction Guidance Table. 

SECOND AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The Complainant's case, is unwarranted and without basis or jurisdiction in law or fact. 

THIRD AFFIRMATIVE DEFENSE 

FDMS Case Nos.: FAA-2012-0874 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

2 
As and for a separate distinct defense, SKYWEST alleges: 

I. 

The complained of aircraft weight differentials, if any, were nominal at best and had 

absolutely no effect on aircraft center of gravity, performance, performance computations or 

safety. ------- -- ----- ·- -·- --·--· --·- -···-·--- -· --·-·-- -------- --------·---·------

FOURTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has proactively mitigated any and all damage such that this action is 

unwarranted by policy or the need for safety. Specifically, SKYWEST has: 

i. Counseled all personnel involved in the loading and counting of the bags following each 

of the alleged incidents; 

n. Issued SKYWEST Customer Service Training Bulletin 2010-14, Designated Loading 

Agent Responsibilities, directed at providing additional training in avoiding bag count 

discrepancies; 

iii. Issued SKYWEST Customer Service Training Bulletin 2010-04, Aircraft Loading 

Procedures, directed at providing additional training in avoiding bag count 

discrepancies; 

iv. Updated and revised the aircraft loading procedures set forth in its Station Operations 

Manual SP 5500 to specifically address said problems and ensure future compliance; 

v. Implemented initiatives to ensure all stations are physically staffed to allow one agent to 

FDMS Case Nos.: FAA-2012-0874 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

3 
directly account for the aircraft loading process on each SKYWEST flight, to ensure 

accurate physical baggage counts, cargo weights, and weight and balance 

communication with flight deck crews; 

v1. Performed internal evaluations of cargo load reporting and determined that compliance 

------- -h.adbeeil~achievea.-~-- ----------- ---------~ ----------~--

FIFTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The average weight programs contemplated by AC120-27E fully acknowledges that the 

use of actual baggage and passenger weights are impractical, and by their very nature, permit 

discrepancies between what is contained in the load manifest and the actual weight of the 

aircraft. 

SIXTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

Any and all discrepancies upon which these actions are based are the product of simple 

human arithmetic error and in no way are indicative of SKYWEST' s regulatory compliance 

disposition as all relevant employees were adequately trained and qualified and have since 

received additional training and internal audits have shown adequate compliance levels has been 

reached. 

FDMS Case Nos.: FAA-2012-0874 

SKYWEST AIRLINES, INC.'S FIRST A~ENDED ANSWER 

4 
SEVENTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has taken all necessary corrective actions to avoid repeated mishaps such that 

- ·- . --· --- ·---- -- -···- -- -· - ·-·- ·-- --- . --·······- - --- -----

additional penalties are redundant and will not result in any increase in safety. 

WHEREFORE, it is prayed that the Administrative Law Judge not enter an order that 

SKYWEST be assessed a civil penalty in the amount of $160,000.00, or in any other amount; 

that the Complaint be dismissed with prejudice; and for such other and further relief as may be 

deemed appropriate. 

r'JJ~ DATED thi~-- day of June, 2013. 

Michael L. Dworkin 

Co-Counsel for SKYWEST Airlines 

FDMS Case Nos.: FAA-2012-0874 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

5 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on ----'b=-J/~Z='5=-..jj._.L~-3£....-----' a true and correct copy 

of the foregoing 

SKYWEST AIRLINES, INC'S MOTION TO CONSOLIDATE; 

---SKYWEST AIRLINES, INC'S-FIRSTAMENDED ANSWER (FAA:2012~0776);_-____ _ 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0868); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0904); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0869); 

SKYWEST AIRLINES, INC'S FffiST AMENDED ANSWER (FAA-2012-0872); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0874); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0873) 

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 E12-320 

Washington, D.C. 20590 

{Federal Express} 

Federal Aviation Administration 

800 Independence A venue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1 000 

{Federal Express} 

Robert Spitzer, Esq. 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

FAX: (425) 227-1007 

{Facsimile and Federal Express} 

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873 
Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

Email: temerson@skywest.com 

______ -_and_- _____ -· __ _ 

Michael L. Dworkin #6404 7 

MICHAEL L. DWORKIN AND ASSOCIATES 

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. 

------------------

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SKYWEST AIRLINES, INC. 

FDMS Case Nos.: FAA-2012-0873 

SKYWEST AIRLINES, INC.'S 

FIRST AMENDED ANSWER 

Judge: The Honorable Richard C. Goodwin 

Sky West Airlines, Inc. ("SKYWEST"), by its counsel, hereby files its First Amended 

Answer, pursuant to Rule 213 of the Rules of Practice, (14 CFR § 13.213), and states as follows: 

I. 
SKYWEST hereby incorporates those admissions, objections and denials as set forth in 

its original Answers. 

II. 

------- ---------- SKYWEST hereby-amends its-Answer to-ada-the following-Affirmative Defenses:- - --- ---

FIRST AFFIRMATIVE DEFENSE 

As and for a separate and distinct defense, SKYWEST alleges: 

I. 

The sanction sought by Complainant is unwarranted by the facts, safety in commerce and the 

public interest and is not only excessive, but, far exceeds policy, precedent and Complainant's 

own Sanction Guidance Table. Further, the sanction is compounded, in violation of the 

Complainant's own Sanction Guidance Table. 

SECOND AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The Complainant's case, is unwarranted and without basis or jurisdiction in law or fact. 

THIRD AFFIRMATIVE DEFENSE 

FDMS Case Nos.: FAA-2012-0873 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

2 
.· 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The complained of aircraft weight differentials, if any, were nominal at best and had 

absolutely no effect on aircraft center of gravity, performance, performance computations or 

-------·----·-·- ··- ·-·-·---- -----·--··---- ----------

safety. 

FOURTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has proactively mitigated any and all damage such that this action is 

unwarranted by policy or the need for safety. Specifically, SKYWEST has: 

1. Counseled all personnel involved in the loading and counting of the bags following each 

of the alleged incidents; 

ii. Issued SKYWEST Customer Service Training Bulletin 2010-14, Designated Loading 

Agent Responsibilities, directed at providing additional training in avoiding bag count 

discrepancies; 

iii. Issued SKYWEST Customer Service Training Bulletin 2010-04, Aircraft Loading 

Procedures, directed at providing additional training in avoiding bag count 

discrepancies; 

iv. Updated and revised the aircraft loading procedures set forth in its Station Operations 

Manual SP 5500 to specifically address said problems and ensure future compliance; 

v. Implemented initiatives to ensure all stations are physically staffed to allow one agent to 

FDMS Case Nos.: FAA-2012-0873 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

3 
'. 

directly account for the aircraft loading process on each SKYWEST flight, to ensure 

accurate physical baggage counts, cargo weights, and weight and balance 

communication with flight deck crews; 

vi. Performed internal evaluations of cargo load reporting and determined that compliance 

'---·----- ----------------------·-··------------------------------- ---------

had been achieved. 

FIFTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The average weight programs contemplated by AC120-27E fully acknowledges that the 

use of actual baggage and passenger weights are impractical, and by their very nature, permit 

discrepancies between what is contained in the load manifest and the actual weight of the 

aircraft. 

SIXTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

Any and all discrepancies upon which these actions are based are the product of simple 

human arithmetic error and in no way are indicative ofSKYWEST's regulatory compliance 

disposition as all relevant employees were adequately trained and qualified and have since 

received additional training and internal audits have shown adequate compliance levels has been 

reached. 

FDMS Case Nos.: FAA-2012-0873 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

4 
SEVENTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has taken all necessary corrective actions to avoid repeated mishaps such that 

------·---------------

additional penalties are redundant and will not result in any increase in safety. 

WHEREFORE, it is prayed that the Administrative Law Judge not enter an order that 

SKYWEST be assessed a civil penalty in the amount of $40,000.00, or in any other amount; that 

the Complaint be dismissed with prejudice; and for such other and further relief as may be 

deemed appropriate. 

7~ DATED this"1 day of June, 2013. 

( Michael L. Dworkin 

Co-Counsel for SKYWEST Airlines 

FDMS Case Nos.: FAA-2012-0873 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

5 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on _h~/~2""-5=-,,f-.Jifw.·z,'-----' a true and correct copy 

of the foregoing 

SKYWEST AIRLINES, INC'S MOTION TO CONSOLIDATE; 

- - -----SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012.,.0776);_ --~ __ _ 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0868); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0904); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0869); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (F AA-2012-0872); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0874); 

SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (F AA-2012-0873) 

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 E12-320 

Washington, D.C. 20590 

{Federal Express} 

Federal Aviation Administration 

800 Independence A venue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

{Federal Express} 

Robert Spitzer, Esq. 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

FAX: (425) 227-1007 

{Facsimile and Federal Express} 

Caitlin Miller....., 

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873