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

FEDEX: FederalAviationAdministration 800 IndependenceAvenue SW Washington, DC 20591 Attn: HearingDocket Clerk, AGC-430 WilburWrightBuilding-Suite 2W1000 RE: SKYWEST AIRLINES, INC. MOTION TO CONSOLIDATE; FIRST AMENDED ANSWER**(FAA-~0776);** > FIRST AMENDED ANSWER (FAA-2012-0868); FIRST AMENDED ANSWER (FAA-2012-0904);

Dear Hearing Docket Clerk: 

# RECEIVED JUN 2 72013. 

## 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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### .. ....;;:::.....**.r..~**

Enclosedherewithfor filing arethe above referenced documents.

·cc: The Honorable Richard C. Goodwin Administrative Law Judge RobertSpitzer, Esq. FAA,ANM-7 Verytrulyyours,

# Caii!M~~ Caitlin M. Miller Legal AssistantTodd 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#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 SkyWest Airlines, Inc. 

# RECEIVED JUN 2 72013 HEARING DOCKET

UNITED STATES OFAMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. Inthe 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 ofProceedings, 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 FAA-2012-0776. All seven matters involve the same parties, are based on the same cargo loading procedures, have similar facts, allege violation ofthe 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 ofbusiness and to the ends of justice and will not unduly delay the proceedings.
WHEREFORE, it is prayed thatthe Administrative Law Judge consolidate the seven cases referenced above for hearing
.

. a,! DATED thisZ/ day ofJune, 2013.

Michael L. Dworkin Co-Counsel for SKYWESTAirlines
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 2CERTIFICATE OF SERVICE The undersignedhereby certifies that on

# --""(p-+/......,1.~5=-+-/~13=----' a true and correct copy I I ofthe foregoing SKYWEST AIRLINES, INC'S MOTIONTO CONSOLIDATE;

---- ____ . SKYWEST AIRLINES,INC'S FIRST AMENDED**ANSWE~** (FAA-2012-0776); -· _______ _ SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0868); SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0904); SKYWESTAIRLINES,INC'S FIRST AMENDED ANSWER (FAA-2012-0869);_ SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0872); SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER {FAA-2012-0874); SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0873)
was served as follows: The Honorable Richard C. Goodwin Office ofHearings, M-20 1200NewJersey Avenue, S.E. East Building GroundFloor RoomE12-320 Washington, D.C. 20590 {Federal Express} Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Attn: Hearing DocketClerk, AGC-430 Wilbur WrightBuilding- Suite 2Wl000 {Federal Express} Robert Spitzer, Esq. Federal Aviation Administration NorthwestMountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 FAX: (425) 227-1007 {Facsimile andFederal Express}

CaitlinMiller

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873 SKYWEST AIRLINES, INC.'S MOTION TO CONSOLIDATE 3Todd C. Emerson, #8175 444 South River Road St. George, Utah, 84790 Telephone: (435) 634-3530 Facsimile: (435) 634-3505 Email: temerson@skywest.com

_____-Jtnd_- 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 SkyWest Airlines, Inc. 

# RECEIVED JUN 2 72013 

## HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS

WASHINGTON, D.C.
Inthe 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, pursuantto Rule 213 ofthe Rules ofPractice, (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 soughtby 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, inviolation ofthe 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 withoutbasis orjurisdiction inlaw 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 2The complained ofaircraft weight differentials, ifany, were nominal atbest and had absolutely no effect on aircraft center ofgravity, performance, performance computations or safety. FOURTH AFFIRMATIVE DEFENSE

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

- - ··· --- - ----- --- I. SKYWESThas proactively mitigated any and all damage such thatthis action is unwarranted by policy orthe need for safety. Specifically, SKYWEST has:
1. Counseled all personnel involved in the loading and counting ofthebags following each ofthe alleged incidents andthe two agents responsible for loadingthe subject aircraft
are no longer employedwiththe company; n. Required SkyWest Station supervisors to review SkyWestballast policies during shift briefings overthe course ofseveral months following the incident and thereafter published and distributed an outline ofSkyWest's ballast policies to all MFR employees; iii. Created and implemented procedures to create cross-utilizedresponsibilities so that all agents perform above-wing and below-wingjob functions to ensure future compliance; 1v. Required Stationmanagement and certified stationtrainers to review SkyWest ballast loading policies with all MFR station employees as part oftransition training;
v. Briefed all SkyWest stationmanagers on SkyWestballastprocedures 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 3onthis particular incident inconjunction with the FAApresentation atthe 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 accountfor 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 ofcargo load reporting and determined that compliance had been achieved. FIFTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. The average weightprograms contemplated by AC120-27E fully acknowledges that the
use ofactual 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 ofthe 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 4Any and all discrepancies uponwhichthese actions are based are the product ofsimple human arithmetic error ormistake and in no way are indicative ofSKYWEST'sregulatory 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. SKYWESThas 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 thatthe Administrative Law Judge not enter an order that SKYWESTbe assessed a civil penalty in the amount of$50,000.00, orin any other amount; that the Complaintbe dismissed with prejudice; and for such other and further reliefas may be deemed appropriate. /) &j. DATED thispl_f_ day ofJune, 2013.

.-/ Michael L. Dworkin Co-Counsel for SKYWESTAirlines

FDMS Case No. FAA-2012-0776 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 5CERTIFICATE OF SERVICE The undersigned hereby certifies that on _h:::..,/r-«Z"""5::c.,,t-JIL'-"·z,""--
___ , a true and correct copy ofthe foregoing SKYWESTAIRLINES, INC'S MOTIONTO CONSOLIDATE; SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0776);

---·-- - S:kYWEStAlRLINES, INC'S FIRST AMENDED ANSWER**(FAA-2012~0868);** SKYWESTAIRLINES, INC'SFIRST AMENDED ANSWER (FAA-2012-0904); SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0869); SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0872); SKYWESTAIRLINES, INC'SFIRST AMENDED ANSWER (FAA-2012-0874); SKYWESTAIRLINES,INC'SFIRST 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 RoomE12-320 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} Robert Spitzer, Esq. Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 FAX: (425) 227-1007 

### {Facsimile andFederal Express}

CaitlinMiller

### ~ -

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873Todd C. Emerson, #8175 444 South River Road St. George, Utah, 84790 Telephone: (435) 634-3530 Facsimile: (435) 634-3505 Email: temerson@skywest.com-and

# RECEIVED JUN 2 72013 

## HEARING DOCKET

--- ···-···- ·-- -----·--··---------------------··-··--··-·---··--- 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 SkyWest Airlines, Inc.


### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

WASHINGTON, D.C.
Inthe Matter of:

SKYWEST AIRLINES, INC. FDMS Case Nos.: FAA-2012-0868 

### SKYWEST AIRLINES, INC.'S FIRSTAMENDED ANSWER Judge: The Honorable Richard C. Goodwin

SkyWest Airlines, Inc. ("SKYWEST"), by its counsel, hereby files its First Amended Answer, pursuantto Rule 213 ofthe Rules ofPractice, (14 CFR 

### § 13.213), and states as follows:

I.SKYWESThereby incorporates those admissions, objections and denials as set forth in its original Answers.

------ II.

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

----- --- ---

FIRST AFFIRMATIVE DEFENSE As and for a separate and distinct defense, SKYWEST alleges: I. The sanction soughtby 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, inviolation ofthe 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 withoutbasis orjurisdiction in law or fact.

THIRD AFFIRMATIVE DEFENSE FDMS Case Nos.: FAA-2012-0868 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 2As and for a separate distinct defense, SKYWEST alleges: I. The complained ofaircraft weight differentials, ifany, were nominal at best and had absolutely no effect on aircraft center ofgravity, performance, performance computations or safety.

FOURTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. - -· -- _, _______**-~--------**

SKYWESThas proactively mitigated any and all damage suchthatthis 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 ofthe alleged incidents;
n. Issued SKYWEST Customer Service Training Bulletin 2010-14, Designated Loading AgentResponsibilities, directed at providing additional training in avoiding bag count discrepancies; iii. Issued SKYWEST Customer Service Training Bulletin 2010-04, Aircraft Loading Procedures, directed atproviding additional training in avoiding bag count discrepancies; iv. Updated and revised the aircraft loading procedures setforth 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 staffedto allow one agent to FDMS Case Nos.: FAA-2012-0868 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 3directly accountfor the aircraft loading process oneach SKYWESTflight, to ensure accurate physical baggage counts, cargo weights, and weight and balance communicationwith flight deck crews; vi. Performed internal evaluations ofcargo load reporting and determined that compliance

·····-- -- -----·--- had been achieved.

FIFTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. The average weightprograms contemplatedby AC120-27E fully acknowledges that the
use ofactual baggage and passenger weights are impractical, and by their very nature, permit discrepancies between what is contained inthe load manifest and the actual weight ofthe 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 ofsimple human arithmetic error and in no way are indicative ofSKYWEST'sregulatory 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 CaseNos.: FAA-2012-0868 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 4SEVENTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. SKYWESThas taken all necessary corrective actions to avoid repeated mishaps suchthat

------**~·-** ··--·-- -··- ·- - - -·-·-····- -·· -·- - ··- - .·- ··-· --· additional penalties are redundant and 

### will notresult in any increase in safetY
.. WHEREFORE, it is prayed thatthe Administrative LawJudge 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 Complaintbe dismissed with prejudice; and for such other and further reliefas may be deemed appropriate.

DATED thiZI.sday ofJune, 2013.

Michael L. Dworkin Co-Counsel for SKYWESTAirlines

FDMS Case Nos.: FAA-2012-0868 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 5CERTIFICATE OF SERVICE The undersigned hereby certifies that on

## _b~/L.o<Z;,:_;5=,/~tw.'3,e________ , a true and correctcopy ofthe foregoing SKYWESTAIRLINES, INC'S MOTION TO CONSOLIDATE; "
_____

### SKYWESTAIRLI~ES, IN"C'SFIR$J' AlYJ:Ji:NDED

### ~NSWEI~J~A-2012-0776); SKYWESTAIRLINES, INC'S FIRSTAMENDED ANSWER (FAA-2012-0868); SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0904); SKYWEST AIRLINES, INC'S FIRSTAMENDED ANSWER (FAA-2012-0869); SKYWESTAIRLINES, INC'S FIRSTAMENDED ANSWER (FAA-2012-0872); SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0874); SKYWESTAIRLINES, INC'S FIRSTAMENDED ANSWER (FAA-2012-0873)
was served as follows: The Honorable Richard C. Goodwin Office ofHearings, M-20 1200 NewJersey 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 2W1000 {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 andFederal 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-2012-0873Todd C. Emerson, #8175 444 South River Road St. George, Utah, 84790 Telephone: (435) 634-3530 Facsimile: (435) 634-3505 Email: temerson@skywest.com-and

# RECEIVED JUN 2 72013 

## HEARING DOCKET

--- - --·--------- 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 SkyWest 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

SkyWest Airlines, Inc. ("SKYWEST"), by its counsel, hereby files its First Amended Answer, pursuant to Rule 213 ofthe Rules ofPractice, (14 CFR 

### § 13.213), and states as follows:I. SKYWESThereby incorporates those admissions, objections and denials as set forth in its original Answers.



### ----- IL
____ -- - ·-··
SKYWESThereby 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 soughtby 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 ofthe Complainant's own Sanction Guidance Table.
SECOND AFFIRMATIVEDEFENSE As and for a separate distinct defense, SKYWEST alleges: I. The Complainant's case, is unwarranted and withoutbasis orjurisdiction in law or fact.

FDMS Case No. FAA-2012-0904 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 2THIRD AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. The complained ofaircraft weight differentials, ifany, were nominal atbest and had absolutely no effect on aircraft center ofgravity, performance, performance computationsor-

- safety.
FOURTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. SKYWESThas proactively mitigated any and all damage suchthat this action is unwarranted by policy or the need for safety. Specifically, SKYWEST has: i. Counseled all personnel involved inthe 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 ofDelta 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 3v. 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 agentto directly account for the aircraft loading process on each SKYWEST flight, to ensure

' ·-· ·--····----·- accurate physical baggage-countS,cargo weights,-and-weighfandbalance

- -- -- - - -- - ---- communication withflight deck crews; vii. Performed internal evaluations ofcargo load reporting and determined that compliance had been achieved.

FIFTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. The average weightprograms contemplatedby AC120-27E fully acknowledges thatthe
use ofactual baggage and passenger weights are impractical, andby their very nature, permit discrepancies between what is contained inthe load manifest and the actual weight ofthe 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 ofsimple human arithmetic error and in no way are indicative ofSKYWEST's regulatory compliance FDMS Case No. FAA-2012-0904 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 4disposition 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 prayedthatthe Administrative LawJudge not enter an orderthat SKYWESTbe assessed a civil penalty inthe amount of$40,000.00, or in any other amount; that the Complaintbe dismissed with prejudice; and for such other and further reliefas may be deemed appropriate. 

## 5;. DATED

# th~ day ofJune, 2013.

,...,.......·· /
/

# ----bL--~L----___::__/ Michael L. Dworkin Co-Counsel for SKYWESTAirlines

FDMS Case No. FAA-2012-0904 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 5CERTIFICATE OF SERVICE The undersigned hereby certifies that on 

# h/15/tb , a true and correct copy ofthe foregoing SKYWEST AIRLINES,INC'S MOTION TO CONSOLIDATE;

-- ----- SKYWESTAIRLINES,INC'.S FIRST AMENDED ANSWER (FAA-2012-0776); SKYWEST AIRLINES, INC'S FIRST AMENDEDANSWER (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 FIRSTAMENDED ANSWER (FAA-2012-0872); SKYWESTAIRLINES, INC'S FIRSTAMENDED 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 RoomE12-320 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} Robert Spitzer, Esq. Federal Aviation Administration NorthwestMountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 FAX: (425) 227-1007 {Facsimile andFederal Express}

CaitlinMiller -.>

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873Todd 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#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 SkyWest Airlines, Inc. 

# RECEIVED JUN 2 72013 HEARING DOCKET

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



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
In the Matter of:

SKYWESTAIRLINES, INC. FDMS Case Nos.: FAA-2012-0869 

### 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, pursuantto Rule 213 ofthe Rules ofPractice, (14 CFR 

### § 13.213), and states as follows:

I.SKYWESThereby incorporates those admissions, objections and denials as set forth in its original Answers. II. SKYWESThereby amends its Answerto add the following Affirmative Defenses:

FIRST AFFIRMATIVE DEFENSE As and for a separate and distinct defense, SKYWEST alleges: I. The sanction soughtby Complainant is unwarrantedby 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 ofthe 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 withoutbasis orjurisdiction in law or fact.

THIRD AFFIRMATIVE DEFENSE FDMS Case Nos.: FAA-2012-0869 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 2As and for a separate distinct defense, SKYWEST alleges: I. The complained ofaircraft weight differentials, ifany, were nominal at best and had absolutely no effect on aircraft center ofgravity, 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 ofthe bags following each ofthe alleged incidents;
n. Issued SKYWEST Customer Service Training Bulletin 2010-14, Designated Loading Agent Responsibilities, directed atproviding additional training in avoiding bag count discrepancies; iii. Issued SKYWEST Customer Service Training Bulletin 2010-04, Aircraft Loading Procedures, directed atproviding 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 3directly 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 ofcargo load reporting and determined that compliance

. ----- ·---- had been achieved.

FIFTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. The average weightprograms contemplatedby AC120-27E fully acknowledges thatthe
use ofactual baggage and passenger weights are impractical, and by their very nature, permit discrepancies between what is contained inthe load manifest and the actual weight ofthe 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 ofsimple 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-2012-0869 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 4SEVENTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. SKYWEST has taken all necessary corrective actions to avoid repeated mishaps suchthat additional penalties are redundant and will not result in any increase in safety.

······-·- . - -·- --··-·--------- WHEREFORE, it is prayed thatthe Administrative LawJudge not enter an orderthat SKYWEST be assessed a civil penalty inthe amount of$40,000.00, or in any other amount; that the Complaintbe dismissed with prejudice; and for such other and further reliefas may be deemed appropriate. 

### I J**s...~** DATED thisV
__day ofJune, 2013.

Michael L. Dworkin Co-Counsel for SKYWESTAirlines

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 ofthe foregoing SKYWESTAIRLINES, INC'S MOTION TO CONSOLIDATE; SKYWESTAIRLINES,.INC'S FIRSTAMENDED ANSWER (FAA-2012-0776);

--- SKYWESTAIRLINES, INC'SFIRSTAMENDED ANSWER (FAA.,-2012-0868);,
__ SKYWESTAIRLINES, INC'SFIRSTAMENDED ANSWER (FAA-2012-0904); SKYWESTAIRLINES, INC'S FIRSTAMENDED ANSWER (FAA-2012-0869); SKYWESTAIRLINES,INC'S FIRSTAMENDED ANSWER (FAA-2012-0872); SKYWESTAIRLINES, INC'SFIRSTAMENDED ANSWER (FAA-2012-0874); SKYWESTAIRLINES, INC'SFIRSTAMENDED 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 DocketClerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 {Federal Express} Robert Spitzer, Esq. Federal Aviation Administration NorthwestMountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 FAX: (425) 227-1007 {Facsimile andFederal Express}

CaitlinMiller

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873Todd 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 72013 HEARING DOCKET
--------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 SkyWest Airlines, Inc.
UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter of:

SKYWEST AIRLINES, INC. FDMS Case Nos.: FAA-2012-0872 SKYWEST AIRLINES,INC.'S FIRST AMENDED ANSWER Judge: The Honorable Richard C. Goodwin

SkyWest Airlines, Inc. ("SKYWEST"), by its counsel, hereby files its FirstAmended Answer, pursuantto Rule 213 ofthe Rules ofPractice, (14 CFR 

### § 13.213), and states as follows:

I.SKYWESThereby incorporates those admissions, objections and denials as set forth in its original Answers. II.

-- -·-·--- -· -- -··- - ·- -·-·---·-·- SKYWESThereby 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 soughtby 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 ofthe 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 orjurisdictionin law or fact.

THIRD AFFIRMATIVE DEFENSE FDMS Case Nos.: FAA-2012-0872 SKYWEST AIRLINES, INC.'S FffiST AMENDED ANSWER 2As and for a separate distinct defense, SKYWEST alleges: I. The complained ofaircraft weight differentials, ifany, were nominal at best and had absolutely no effect on aircraft center ofgravity, performance, performance computations or safety.

----- -·-·-**-·-··---~----···-·---·--·** --·- -----·--··-------
FOURTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. SKYWESThas proactively mitigated any and all damage such that this action is unwarranted by policy orthe need for safety. Specifically, SKYWEST has:
1. Counseled all personnel involved inthe loading and counting ofthe bags following each ofthe 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 atproviding 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 agentto FDMS Case Nos.: FAA-2012-0872 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 3directly account for the aircraft loading process on each SKYWEST flight, to ensure accurate physical baggage counts, cargo weights, and weight and balance communicationwith flight deck crews; v1. Performed internal evaluations ofcargo load reporting and determinedthat compliance hadbeen achieved.

FIFTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. The average weightprograms contemplatedby AC120-27E fully acknowledges thatthe
use ofactual baggage and passenger weights are impractical, and by their very nature, permit discrepancies between what is contained inthe load manifest and the actual weight ofthe 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 ofsimple human arithmetic error and inno 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-2012-0872 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 4SEVENTH AFFIRMATIVEDEFENSE As and for a separate distinct defense, SKYWEST alleges: I. SKYWESThas taken all necessary corrective actions to avoid repeated mishaps suchthat



### - ----·- ·---- ·---**T-~-** -----·L-**-~-** ---··- -**-~---~-** -------- additional penalties are redundant and will notresult in any incre-ase-1nsafeiY.

------ ----------
WHEREFORE, it is prayed thatthe Administrative Law Judge not enter an orderthat SKYWEST be assessed a civil penalty in the amount of$160,000.00, or in·any other amount; that the Complaintbe dismissed with prejudice; and for such other and further reliefas may be deemed appropriate. 

### 0 

### ,:f:j DATED thisV'
__day ofJune, 2013.

Michael L. Dworkin Co-Counsel for SKYWESTAirlines

FDMS Case Nos.: FAA-2012-0872 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 5CERTIFICATE OF SERVICE The undersigned hereby certifies that on

## ----'h=-~,/'""'2"'"""5=-</~IL..:>"3""------' a true and correct copy ofthe foregoing SKYWEST AIRLINES, INC'S MOTION TO CONSOLIDATE;

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

### (FAA-2012-0868);
____----- SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0904); SKYWESTAIRLINES,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 2W1000 {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 andFederal Express}

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873Todd 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#64047 MICHAEL L. DWORKIN AND ASSOCIATES 465 California Street, Suite 210 SanFrancisco, California 94104 Telephone: (415) 421-02500 Facsimile: (415) 421-2560 Email: law@avialex.com Attorneys for SkyWest Airlines, Inc. 

# RECEIVED JUN 2 72013 HEARING DOCKET**---~~----**

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
IntheMatter of:

SKYWEST AIRLINES, INC. FDMS Case Nos.: FAA-2012-0874 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, pursuantto Rule 213 ofthe Rules ofPractice, (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 herebyamencfs 

### itsAnswerto ado 

### thefollowing-Affirmative Defenses:

- ----

FIRST AFFIRMATIVE DEFENSE As and for a separate and distinct defense, SKYWEST alleges: I. The sanction soughtby Complainant is unwarrantedby 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 ofthe 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 withoutbasis orjurisdictionin law or fact.

THIRD AFFIRMATIVE DEFENSE FDMS Case Nos.: FAA-2012-0874 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 2As andfor a separate distinct defense, SKYWEST alleges: I. The complained ofaircraft weight differentials, ifany, were nominal at best and had absolutely no effect on aircraft center ofgravity, performance, performance computations or safety.

------- -- ----- ·- -·- --·--· --·- -···-·--- -· --·-·-- -------- --------·---·------
FOURTHAFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. SKYWESThas 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 inthe loading and counting ofthe bags following each ofthe 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 atproviding 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 agentto FDMS Case Nos.: FAA-2012-0874 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 3directly account for the aircraft loading process oneach SKYWEST flight, to ensure accurate physical baggage counts, cargo weights, and weight and balance communication with flight deck crews; v1. Performed internal evaluations ofcargo load reporting and determined that compliance

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

FIFTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. The average weightprograms contemplatedby AC120-27E fully acknowledges thatthe
use ofactual 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 ofthe 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 ofsimple 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-2012-0874 SKYWEST AIRLINES, INC.'S FIRST**A~ENDED** ANSWER 4SEVENTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. SKYWESThas taken all necessary corrective actions to avoid repeated mishaps such that

- ·- .--· --- ·---- -- -···- -- -· - ·-·- ·-- --- . --·······- - --- ----- additional penalties areredundant and will notresult in any increase in safety.
WHEREFORE, it is prayed that the Administrative Law Judge not enter an orderthat SKYWESTbe assessed a civil penalty in the amount of$160,000.00, or in any other amount; that the Complaintbe dismissed withprejudice; and for such other and further reliefas may be deemed appropriate.

### r'JJ~ DATED**thi~--** day ofJune, 2013.

Michael L. Dworkin Co-Counsel for SKYWESTAirlines

FDMS Case Nos.: FAA-2012-0874 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 5CERTIFICATE OF SERVICE The undersigned hereby certifies that on

## ----'b=-J/~Z='5=-..jj._.L~- 3£....-----' a true and correct copy ofthe 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); SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0904); SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0869); SKYWEST AIRLINES,INC'SFffiST AMENDED ANSWER (FAA-2012-0872); SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0874); SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0873)
was served as follows: The Honorable Richard C. Goodwin Office ofHearings, M-20 , 1200New Jersey Avenue, S.E. East Building Ground Floor RoomE12-320 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 2W1000 {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 andFederalExpress}

FDMS Case Nos.: FAA-2012-0904; FAA-2012-0776; FAA-2012-0869; FAA-2012-0868; FAA-2012-0874; FAA2012-0872; and FAA-2012-0873Todd 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#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 SkyWest Airlines, Inc. ------------------

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter of:

SKYWEST AIRLINES, INC. FDMS Case Nos.: FAA-2012-0873 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, pursuantto Rule 213 ofthe Rules ofPractice, (14 CFR 

### § 13.213), and states as follows:

I.SKYWESThereby incorporates those admissions, objections and denials as set forth in its original Answers. II.

------- ---------- SKYWEST hereby-amendsits-Answer to-ada-the following-Affirmative Defenses:-

- --- ---

FIRST AFFIRMATIVE DEFENSE As and for a separate and distinct defense, SKYWEST alleges: I. The sanction soughtby Complainant is unwarrantedbythe 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 ofthe 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 withoutbasis orjurisdiction 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 ofaircraft weight differentials, ifany, were nominal at best and had absolutely no effect on aircraft center ofgravity, performance, performance computations or

-------·---- ·-·- ··- ·-·-·- --- -----·--··---- ---------- safety.
FOURTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. SKYWESThas proactively mitigated any and all damage such thatthis 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 ofthe alleged incidents; ii. Issued SKYWEST Customer Service Training Bulletin 2010-14, Designated Loading Agent Responsibilities, directed atproviding 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 inits Station Operations Manual SP 5500 to specifically address said problems and ensure future compliance;
v. Implemented initiatives to ensure all stations are physically staffedto 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 ofcargo load reporting and determined that compliance '---·----- ----------------------·-··------------------------------- --------- had been achieved.

FIFTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. The average weightprograms contemplated by AC120-27E fully acknowledges thatthe
use ofactual baggage and passenger weights are impractical, and by their very nature, permit discrepancies betweenwhat is contained in the load manifest and the actual weight ofthe aircraft.

SIXTH AFFIRMATIVE DEFENSE As and for a separate distinct defense, SKYWEST alleges: I. Any and all discrepancies upon whichthese actions are based are the product ofsimple 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 4SEVENTH 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 LawJudge not enter an order that SKYWEST be assessed a civil penalty inthe amount of$40,000.00, or in any other amount; that the Complaintbe dismissed with prejudice; and for such other and further reliefas may be deemed appropriate.**7~** DATED this"1 day ofJune, 2013.

( Michael L. Dworkin Co-Counsel for SKYWESTAirlines

FDMS Case Nos.: FAA-2012-0873 SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 5CERTIFICATE OF SERVICE The undersigned hereby certifies that on

## _h~/~2""-5=-,,f-.Jifw.·z,'-----' a true and correct copy ofthe 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); SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0869); SKYWEST AIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0872); SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (FAA-2012-0874); SKYWESTAIRLINES, INC'S FIRST AMENDED ANSWER (F AA-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 2Wl000 {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 andFederal Express}

CaitlinMiller.....,

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