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ToddC. Kmcrson, ,!^81 75 

444 Sou ill Kivor Roiid 

Sr. Goorjze, L'lah. 84790 

Telephone: (4;VS) 634-3530 

Facsimile; (4.^5) 634-3505 

"%-, C - ^•:-<' it, ^ •^ ^'^ '^-- '^^ •" 

IJNII KD STATES OF AMERIC A 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In tlie Mailer of: 

SkyWesi Airlines, Inc. 

FAA DOCKHTCP: CP09NM(X)I2 

FAA Case No. 2(»()9NfV!060042 

.ludgc; Richiird C. Goodwin 

To: JUDGE GOODWIN 

ANSWER TO AMENDED COMPLAINT AND AFFIRMATIVE DEFENSES 

SkyWcst Airlines, Inc. ("SkyWesi"), by its coun.sel, hereby (lies iis Answer it) Amended 

Complaini pursuant to Rule 2()0 and 214 of the Rules of Practice (14 C.F.R. §f< 13.209 nnd 13.214), 

and slalo.<; as follows: 

I. 

SkyWcsi admits thai it WAS advised ihrough a Final Notice oTPropu-sod Civil Penally ili;ii 

the FAA proposed lo a.s.se.s;.s a civil penally in ihe amount or.S.S4.0()(), but denies that SkyVVesi 
r*A + nM^ 01002/00 6 

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subiTiiUed a wrilten request for a heanjiy on October 23, 2009 and further avers that the t'equcsl 

was submiued on October 15. 2009. 

II. 

1. In response to Paragraph I, Sky West admits that ii i.s now and at all limes inaleriul hereto, 

the holder of Scheduled Air Carrier Certillcale No. SWIAOll A, and coiidKCls its 

operations per FAR Part 121. 

2. Tn response to Paragraph 2, SkyWest admits that OpSpec A023 atllhori'/es it to perfonn deicing operations consi.stcnt with its ground dcicing program manual (GDPM) Siaiulard 

Practice (SP) 2800. Part IX. 

3. In response to Paragraph 3, SkyWest admits ihat OpSpec D085 aiithori/es it lo use the 

following Hmbracr EMB-I2()ER civil aircraft, in the conduct of its Part 121 operations: 

N232SW. N567SW, and N580SW. 

4. In response to Paragraph 4, SkyWest admits that OpSpec D085 authorizes it to use the 

iollowiji^' CanadairCL-600-2BI9 civil aircraft, in the conduct of its Part 121 operations: 

N4nSW. N430SW, and N913CV. 

5. in response to Paragraph 5, SkyWest admits that OpSpec D085 authorizes i1 to use 

N668CA, CanadairCL-6()0-2C 10 civil aircraft, in the conduct of its Pari 121 operations. 
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6. In reipon.sc to Paragraph 6, SkyWest admits ihal on February 17, 2009. an Aviation Safety 

Inspector conducted sui"veillanee of SkyWest deieing,'anii-icing operations at the Salt Lake 

City Inlernarional Airport, Utah, 

7. hi response to Paragraph 7, SkyWest admits ihat it wns performing deieing/anti-ieing 

operations at Spots 3 and 21. 

S. In response to Paragraph 8, SkyWest admits that at the time of ihe surveillance, (he weather 

conditions consisted of light rain and snow. 

9. In response lo Paragraph 9, SkyWest admits that icing conditions were forecasted fof and 

prcseiu at the Sail Lake City International Aiqiort. Utah, and the sun'ounding vicinity. 

10. In response to Paragraph 10, SkyWest admits Ihat GDPM SP2800, Chapter 4. paragraph 

6,B.6) provides: "Application of deicing/anti-icing fluid will begin at the left wing tip and 

continue around ihc entire aircraft, until airiving at the starting point. This identifies die 

left wing as the representative surface. Commencing iluid application at any location other 

than the left wing must be approved by the PIC." 

11. In response to Paragraph 11, SkyWest admits that GDPM SP280O, Chapter 4, paragraph 

6.B.13) provides: "•Fluid is applied lo flight control surfaces from the leading to trailing 

edge and from the wing and elevator tips toward the ftisclage." 

12. in response to Paragraph 12, SkyWesl admits that during ihe dcicing/anti-ieing concerning 

each of the aircraft identified in paragraph 3, 4 and 5 above, SkyWe.st employees 

commenced Iluid application at the aircraft's wing root and sprayed towards the wing up. 
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1.3. In response lo Paragraph 13, SkyWest denies thai in some instances SkyVV'est |iersonnel 

commenced fluid application on the right wing instead of the left vving witliout (he 

approval of the pilot in command as required by its manual. 

14. In response to Paragraph 14, SkyWesl denies (hat it conducted its dcicing/anti-icing 

operations eonliaiy to their A023 operations specification, 

15. in response to Paragraph 15, SkyWest admits that after the deieing/anti-icing had been 

accomplished, SkyWest operated each of the airerafl referenced in paragraphs 3, 4 and 5 

during Pari 121 operations. 

16. In response lo Paragraph 16. SkyWest denies that it dispatched, released, and operated each 

of the aircraft referenced in paragraphs 3, 4, and 5 when conditions were such that frost, 

ice. or snow were reasonably expected to adhere to the aircraft when it did not comply with 

its approved dcicc-anti-iee progi'am. 

III. 

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

AFFIRMATIVE DEFENSES 

1. The Federal Aviation Administration's Complaint is barred by the doctrines of waiver. 

acquie-scencc and unclean hands. 

2. The proposed penally violates FAA policy, is excessive and is an abuse of di.scretion, 
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3. SkyWest may have other aflimiative defenses not currently known but which may 

become known through discovery, SkyWest reserves the rigln to ;illege such 

afllnnalive defenses as ihey become known. 

DATHD this 4"" day of Febmary, 2010. 

Todd C. Emerson 

Allonnn fur SkyH'esi Airline^ 
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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 4''^ day of February, 2010. a true and concel 

copy of the foregoing ANSWER TO .VMENDED COMPLAIN I AND AFFIRM A IIV h 

DEFENSES wiis served a.s follows: 

The Honorable Richard C. Goodwin 

OlTiec of Hearings, lVI-20 

1200 New Jersey Avenue, S,H, 

East Building Ground floor, Rm El2-320 

Washington.*DC 20590 

{Federal Flxprcss! 

Federal Aviation Adniini.stration 

800 Independence Avenue SW 

Washington, DC 20591 

Aim; Hearing Docket Clerk, AGC-430 

Wilbur Wiiiihl Building - Suite 2W1000 

'Tedenil Cxp/Cts} / " 

Scott R. Morris 

Federal Aviation .administration 

Norihwesl Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 9X057 

{{•'acMmile mul Falcral F.xprc'ssl