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Todd C. Emerson, #8175 444 South RiverRoad St. George, Utah, 84790 Telephone: (435) 634-3530 Facsimile: (435) 634-3505 

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# RECEIVED SEP 11 2012 

## HEARING DOCKET

UNITED STATES OFAMERICA DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

WASHINGTON, D.C. In the Matter of: SkyWest Airlines, Inc. FAADOCKET CP: Unassigned FAA Case No. 2011NM060038 FDMS No. FAA-2012-0874 Judge Richard C. Goodwin

ANSWERAND AFFIRMATIVE DEFENSES SkyWestAirlines, Inc. ("SkyWest"), byits counsel, hereby files its Answer, pursuant to Rule 209 oftheRules ofPractice (14 C.P.R. 13.209), and states as follows: I. SkyWest admits that it was advised through a Final Notice ofProposed Civil Penaltythat the FAAproposed to assess a civil penalty in the amount of$160,000, and on August 8, 2012 SkyWest submitted a written request for a hearing.II. 1. In response to Paragraph 1, Sky West admits that it is now and was at all times material hereto, the holder ofScheduledAir Carrier Certificate No. SWIA011A, and conducts its operations pursuant to Part 121 ofthe Federal AviationRegulations (FAR). 2. In response to Paragraph 2, SkyWest admits that Paragraph D085 ofSkyWest's Operations Specifications (Op Specs) authorizes SkyWest to use N465SW, a Bombardier CL-600- 2B19 civil aircraft, in the conduct ofSkyWest's Part 121 operations. 3. In response to Paragraph 3, SkyWest admits that ParagraphD085 ofSkyWest's OpSpecs authorizes SkyWest to use N614SK, a Bombardier CL-600-2C10 civil aircraft, in the conduct ofSky West's Part 121 operations. 4. In response to Paragraph 4, Sky West admits that ParagraphD085 ofSky West's OpSpecs authorizes SkyWest to use N800SK, a Bombardier CL-600-2D24 civil aircraft, in the conduct ofSkyWest's Part 121 operations. 5. In response to Paragraph 5, Sky West admits that ParagraphD085 ofSkyWest's OpSpecs authorizes SkyWest to use N816SK, a Bombardier CL-600-2D24 civil aircraft, inthe conduct ofSkyWest's Part 121 operations. 6. In response to Paragraph 6, SkyWest admits thatParagraph A098 ofSkyWest's OpSpecs requires that aircraft loading for Bombardier CL-600-2B19 and Bombardier CL-600-2C10 aircraftbe accomplished in accordance with SkyWest's Weight & Balance Operations

27. In response to Paragraph 7, SkyWest admits thatParagraph A099 ofSkyWest's OpSpecs requires that aircraft loading for Bombardier CL-600-2D24 aircraftbe accomplished in accordance with SkyWest's W&B Manual. 8. In response to Paragraph 8, SkyWest admits that its W&B Manual contains the loading schedules and instructions for SkyWest's Bombardier CL-600-2Bl9 aircraft. 9. In response to Paragraph 9, Sky West admits that its W&B Manual contains the loading schedules and instructions for Sky West's Bombardier CL-600-2C10 aircraft. 10. In response to Paragraph 10, SkyWest admitsthatits W&B Manual contains the loading schedules and instructions for SkyWest's Bombardier CL-600-2D24 aircraft. 11. In response to Paragraph 11, SkyWest admits that SkyWest's W&B Manual, Chapter 2, paragraph 2.A.6 defines "Cargo" as everything canied in the cargo bin/pit ofthe aircraft, includingbaggage, cargo, ballast, companymaterial (COMAT) and live animals. 12. Inresponse to Paragraph 12, SkyWest admits that its W&B Manual, Chapter 2, paragraph 2.A.24 defines "HeavyChecked Bags" as any bagweighing more than 50 pounds, but less than 100 pounds. 13. In response to Paragraph 13, SkyWest admits that its W&B Manual, Chapter 3, paragraph 2.D.1 requires a "designated CS Ground Operations loading agent" to evaluate the 3classification ofbags and to mark the number ofstandard and heavybags on the Cargo Load Report (CLR). 14. In response to Paragraph 14, SkyWest admits that its W&B Manual, Chapter 3, paragraph 2.1.2 requires the designated loading agent to verifythe piece count ofall Standard Checked, Heavy Checked, andplaneside Loaded/Service Item Baggage, and to verify the actual weight for all cargo, COMAT (CompanyMaterial), COMAIL (CompanyMail), and all other items loaded in the aircraft cargo bin/pit upon completion ofloading. 15. In response to Paragraph 15, Sky West denies that its W&B Manual, Chapter4, paragraph 4.A.2 assigns live animals checked as baggage a 30poundweight, or 60 pounds for those meeting heavybaggage criteria. 16. In response to Paragraph 16, SkyWest admits that its W&B Manual, Chapter 4, paragraph 8.8 requires the loadingagent to write the total number ofStandard Checked Baggage loaded in each cargo bin onthe CLRin the "Standard Checked" block. 17. In response to Paragraph 17, Sky West admits that its W&B Manual, Chapter 4, paragraph 8.9 requires the loading agent to write the total number ofHeavy Checked Baggage loaded in each cargo bin onthe CLRin the "HeavyChecked"block. 18. Inresponse to Paragraph 18, SkyWest admits that its W&B Manual, Chapter 4, paragraph 8.15 requires the loading agent to write the total weight ofballast loaded in the aircraft on the CLR in the "Ballast"block.

419. In response to Paragraph 19, SkyWest admits that its W&B Manual, Chapter 4, paragraph 8.26 requires the loading agent to circle FWD orAFT as appropriate on the "Live Animal" line ofthe CLR to indicate a live animal has been loaded onthe aircraft. 20. In response to Paragraph 20, SkyWest admits that SkyWest's W&B Manual, Chapter 4, paragraph 11 -AircraftLoading, contains the waming: 

# ·AWARNING -INACCURATE toAmNG, RE'PoRmm., OR FAJLlJRE TO REPORT lNFORM.IHlON COULD CAUSE ISSUES

.WITH P.lRGRAFT PERFORMANCE AND HANDliNG, RE!WLT'Jf.JG !N THE ENDANGERMENT OF 1-ti.JMANi liFE. om'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' ''''''''''''''''''''''''''''''''''''''''''' 

### III. 21. In response to Paragraph 21, SkyWest admits that onMarch 3, 2011, at SanDiego Intemational Airport (SAN), SanDiego, Califomia, SkyWest loadedpassengers and baggage onto N800SK, to be operated as Flight 4553 bound for Salt Lake City Intemational Airport (SLC), Salt Lake City, Utah. 22. In response to Paragraph 22, SkyWest is without sufficient infonnation orknowledge from which to fonn a beliefas to the truth ofthe allegation that Sky West'spersonnel at SAN loaded 43 Standard CheckedBags, three Heavy Checked Bags, and one live animal onto N800SK, and therefore denies the same. 23. Inresponse to Paragraph 23, SkyWest admits the CLR for Flight 4553 listed "46 Standard Checked Bags, 0 Heavy Checked Bags, and 0 live animals" onboard NSOOSK.



### 524. In response to Paragraph 24, SkyWest admits that it operated N800SK as Flight 4553 to SLC. 25. In response to Paragraph 25, SkyWest admits that onMarch 3, 2011, at Phoenix Sky Harbor Intemational Airport (PHX), Phoenix, Arizona, SkyWest loadedpassengers and baggage onto N614SK, to be operated as Flight 4445 bound for SLC. 26. Inresponse to Paragraph 26, SkyWest is without sufficient information orknowledge from which to form a beliefas to the truth ofthe allegation that SkyWest'spers01mel at PHX loaded 43 Standard Checked Bags, and three Heavy Checked Bags onto N614SK, and therefore denies the same. 27. Inresponse to Paragraph 27, SkyWest admits the CLR for Flight4445 listed "46 Standard Checked Bags" and "0Heavy Checked Bags" onboard N614SK. 28. In response to Paragraph 28, SkyWest admits that it operated N614SK as Flight 4445 to SLC. 

## v. 29. Inresponse to Paragraph 29, SkyWest admits that onMarch 3, 2011, at Missoula Intemational Airport (MSO), Missoula, Montana, Sky West loadedpassengers and baggage. onto N465SW, to be operated as Flight4540bound for SLC. 30. Inresponse to Paragraph 30, SkyWest is without sufficient infonnation orknowledge from which to fonn a beliefas to the truth ofthe allegation that SkyW est'spersonnel at MSO

6loaded 250 pounds ofballast and 100pounds ofCOMAT onboard N465SW, and therefore denies the same. 31. In response to Paragraph 31, SkyWest admits that the CLR for Flight4540 listed 350 · pounds ofCOMAT onboard N614SK. 32. In response to Paragraph 32, SkyWest admits that it operated N465SW as Flight 4540 to SLC. VI. 33. In response to Paragraph 33, SkyWest admits that on March 3, 2011, at EppleyAirfield (OMA), Omaha, Nebraska, SkyWest loadedpassengers and baggage onto N816SK, to be operated as Flight 4613 bound for SLC. 34. In response to Paragraph 34, SkyWestis without sufficient information orknowledge from which to fonn abeliefas to the truth ofthe allegation that SkyWest's pers01mel at OMA loaded two live animals onboardN816SK, and therefore denies the same. 35. In response to Paragraph 35, SkyWest admits that the CLRfor Flight 4613 listed "0 live animals" onboard N816SK. 36. In response to Paragraph 36, SkyWest admits that it operated N816SK as Flight4613 to SLC. VII.

737. In response to Paragraph 37, SkyWest

### admi~s it has paidreduced civil penalties on eight previous cases involving loading ofcargo contraryto approved procedures. VIII. SkyWest generally denies all remaining allegations set forth inthe Complaint. AFFIRMATIVE DEFENSES 1. The proposed penalty is excessive and violates FAA orders. 2. SkyWest mayhave other affinnative defenses not currentlyknownbutwhich may becomeknown through discovery. SkyWest reserves the right to allege such affinnative defenses as theybecome known. DATED this lOth day ofSeptember, 2012.

Todd C. Emerson Attorney for SkyWestAirlines



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



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