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

# RECEIVED NO\'' 25 2014 

## HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. Tn the Matter of:
SkyWest Airlines, Inc.

# ~0\L-1-0~10 FAA DOCKET CP: Unassigned FAA Case No. 2012NM060123 Judge: Unassigned

ANSWER AND AFFIRMATIVE DEFENSES SkyWest Airlines, Inc. ("SkyWest"), by its counsel, hereby files its Answer, pursuant to Rule 209 ofthe Rules ofPractice (14 C.P.R. 13.209), and states as follows: I. SkyWest admits that it was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$42,000, and on October 13, 2014 SkyWest submitted a written request for a hearing.II. 1. SkyWest admits the allegations set forth in response to Paragraph 1. 2. SkyWest admits the allegations set forth in response to Paragraph 2. 3. SkyWest admits the allegations set forth inresponse to Paragraph 3. 4. SkyWest admits the allegations set forth in response to Paragraph 4. 5. SkyWest admits the allegations set forth in response to Paragraph 5. 6. SkyWest admits the allegations set forth inresponse to Paragraph 6. 7. SkyWest admits the allegations set forth inresponse to Paragraph 7. 8. SkyWest admits the allegations set forth in response to Paragraph 8. 9. SkyWest admits the allegations set forth in response to Paragraph 9. 10. SkyWest is without sufficient information or knowledge from which to form a beliefas to the truth ofthe allegation and therefore denies the same. 11. SkyWest is without sufficient information or knowledge from which to form a beliefas to the truth ofthe allegation and therefore denies the same. 12. SkyWest is without sufficient information or knowledge from which to form a beliefas to the truth ofthe allegation and therefore denies the same. 13. SkyWest is without sufficient information or knowledge from which to form a beliefas to the truth ofthe allegation and therefore denies the same. 14. SkyWest admits the allegations set forth in response to Paragraph 14. 15. SkyWest admits the allegations set forth inresponse to Paragraph 15. 16. SkyWest denies the allegations set forth in response to Paragraph 16. 17. SkyWest denies the allegations set forth in response to Paragraph 17.

218. SkyWest denies the allegations set forth inresponse to Paragraph 18. 19. SkyWest denies the allegations set forth inresponse to Paragraph 19. 20. SkyWest denies the allegations set forth in response to Paragraph 20. 21. Sky West denies the allegations set forth inresponse to Paragraph 21. III. SkyWest denies all remaining allegations set forth in the Complaint. AFFIRMATIVE DEFENSES l. The proposed penalty is excessive and violates FAA policy. 2. SkyWest may have other affirmative defenses not currently known but which may become known through discovery. SkyWest reserves the right to allege such affirmative defenses as they become known. DATED this 

### 24th day ofNovember, 

### 2014.

Todd C. Emerson Attorney for SkyWestAirlines



### 3CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 241 h day ofNovember, 2014, a true and correct copy ofthe 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 2Wl000 {Federal Express} Robert Spitzer Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 {E-mail andFederal Express}

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