" 

Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84 790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

ZDil ll p 2: QCJ 

RECEIVED 

SEP 11 2012 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

SkyW est Airlines, Inc. 

FAA DOCKET CP: Unassigned 

FAA Case No. 2011NM060038 

FDMS No. FAA-2012-0874 

Judge Richard C. Goodwin 

ANSWER AND AFFIRMATIVE DEFENSES 

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

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

I. 

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

the FAA proposed to assess a civil penalty in the amount of$160,000, and on August 8, 2012 

SkyWest submitted a written request for a hearing. 
II. 

1. In response to Paragraph 1, Sky West admits that it is now and was at all times material 

hereto, the holder of Scheduled Air Carrier Certificate No. SWIA011A, and conducts its 

operations pursuant to Part 121 of the Federal Aviation Regulations (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 Paragraph D085 ofSkyWest's OpSpecs 

authorizes SkyWest to use N614SK, a Bombardier CL-600-2C10 civil aircraft, in the 

conduct of Sky West's Part 121 operations. 

4. In response to Paragraph 4, Sky West admits that Paragraph D085 of Sky West's OpSpecs 

authorizes SkyWest to use 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 Paragraph D085 of SkyW est's OpSpecs 

authorizes SkyWest to use N816SK, a Bombardier CL-600-2D24 civil aircraft, in the 

conduct ofSkyWest's Part 121 operations. 

6. In response to Paragraph 6, SkyWest admits thatParagraph A098 of SkyWest's OpSpecs 

requires that aircraft loading for Bombardier CL-600-2B19 and Bombardier CL-600-2C10 

aircraft be accomplished in accordance with SkyWest's Weight & Balance Operations 

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7. In response to Paragraph 7, SkyWest admits that Paragraph 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-600-2C 10 aircraft. 

10. In response to Paragraph 10, SkyWest admits that its 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 of the aircraft, 

including baggage, cargo, ballast, company material (COMAT) and live animals. 

12. In response to Paragraph 12, SkyWest admits that its W&B Manual, Chapter 2, paragraph 

2.A.24 defines "Heavy Checked Bags" as any bag weighing more than 50 pounds, but less 

than 100 pounds. 

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 

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classification of bags and to mark the number of standard and heavy bags 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 verify the piece count of all Standard 

Checked, Heavy Checked, and planeside Loaded/Service Item Baggage, and to verify the 

actual weight for all cargo, COMAT (Company Material), COMAIL (Company Mail), and 

all other items loaded in the aircraft cargo bin/pit upon completion of loading. 

15. In response to Paragraph 15, Sky West denies that its W &B Manual, Chapter 4, paragraph 

4.A.2 assigns live animals checked as baggage a 30 pound weight, or 60 pounds for those 

meeting heavy baggage criteria. 

16. In response to Paragraph 16, SkyWest admits that its W&B Manual, Chapter 4, paragraph 

8.8 requires the loading agent to write the total number of Standard Checked Baggage 

loaded in each cargo bin on the CLR in the "Standard Checked" block. 

1 7. 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 of Heavy Checked Baggage loaded 

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

18. In response 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. 

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19. In response to Paragraph 19, SkyWest admits that its W&B Manual, Chapter 4, paragraph 

8.26 requires the loading agent to circle FWD or AFT as appropriate on the "Live Animal" 

line ofthe CLR to indicate a live animal has been loaded on the aircraft. 

20. In response to Paragraph 20, SkyWest admits that SkyWest's W&B Manual, Chapter 4, 

paragraph 11 -Aircraft Loading, contains the waming: 

·A WARNING -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 on March 3, 2011, at San Diego 

Intemational Airport (SAN), San Diego, Califomia, SkyW est loaded passengers 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 or knowledge from 

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

loaded 43 Standard Checked Bags, three Heavy Checked Bags, and one live animal onto 

N800SK, and therefore denies the same. 

23. In response to Paragraph 23, SkyWest admits the CLR for Flight 4553 listed "46 Standard 

Checked Bags, 0 Heavy Checked Bags, and 0 live animals" on board NSOOSK. 

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24. 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 on March 3, 2011, at Phoenix Sky 

Harbor Intemational Airport (PHX), Phoenix, Arizona, SkyWest loaded passengers and 

baggage onto N614SK, to be operated as Flight 4445 bound for SLC. 

26. In response to Paragraph 26, SkyWest is without sufficient information or knowledge from 

which to form a belief as to the truth of the allegation that SkyWest's pers01mel at PHX 

loaded 43 Standard Checked Bags, and three Heavy Checked Bags onto N614SK, and 

therefore denies the same. 

27. In response to Paragraph 27, SkyWest admits the CLR for Flight 4445 listed "46 Standard 

Checked Bags" and "0 Heavy Checked Bags" onboard N614SK. 

28. In response to Paragraph 28, SkyWest admits that it operated N614SK as Flight 4445 to 

SLC. 

v. 

29. In response to Paragraph 29, SkyWest admits that on March 3, 2011, at Missoula 

Intemational Airport (MSO), Missoula, Montana, Sky West loaded passengers and baggage. 

onto N465SW, to be operated as Flight 4540 bound for SLC. 

30. In response to Paragraph 30, SkyWest is without sufficient infonnation or knowledge from 

which to fonn a belief as to the truth of the allegation that SkyW est's personnel at MSO 

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loaded 250 pounds ofballast and 100 pounds ofCOMAT onboard N465SW, and therefore 

denies the same. 

31. In response to Paragraph 31, SkyWest admits that the CLR for Flight 4540 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 Eppley Airfield 

(OMA), Omaha, Nebraska, SkyWest loaded passengers and baggage onto N816SK, to be 

operated as Flight 4613 bound for SLC. 

34. In response to Paragraph 34, SkyWestis without sufficient information or knowledge from 

which to fonn a belief as to the truth of the allegation that SkyW est's pers01mel at OMA 

loaded two live animals onboard N816SK, and therefore denies the same. 

35. In response to Paragraph 35, SkyWest admits that the CLR for Flight 4613 listed "0 live 

animals" onboard N816SK. 

36. In response to Paragraph 36, SkyWest admits that it operated N816SK as Flight 4613 to 

SLC. 

VII. 

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37. In response to Paragraph 37, SkyWest admi~s it has paid reduced civil penalties on eight 

previous cases involving loading of cargo contrary to approved procedures. 

VIII. 

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

AFFIRMATIVE DEFENSES 

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

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

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

affinnative defenses as they become known. 

DATED this lOth day of September, 2012. 

Todd C. Emerson 

Attorney for Sky West Airlines 

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CERTIFICATE OF SERVICE 

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

correct copy of the foregoing ANSWER AND AFFIRMATIVE DEFENSES was served as 

follows: 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

{Federal Express} 

Jeffrey M. Harper 

Federal Aviation Administration 

Northwest Mountain Region, ANM -7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

{Facsimile and Federal Express} 

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