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

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## AUG 1 22013 HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. In the Matterof:
SkyWest Airlines, Inc. FAA DOCKET CP: Unassigned FAA Case No. 2012NM060041 Judge: Richard C. Goodwin

ANSWERAND AFFIRMATIVE DEFENSES SkyWestAirlines, Inc. ("SkyWest"), byits counsel, hereby files its Answer, pursuant to Rule 209 ofthe Rules ofPractice (14 C.F.R. 13.209), and states as follows: I. SkyWest admits that it was advised through aFinal Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penaltyin the amount of$55,000, and onJuly 3, 2013 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 herein, the hplder ofScheduledAir Ca1Tier Certificate No. SWIA011A, and conducts its operations pursuant to Part 121 ofthe Federal AviationRegulations. 2. In response to Paragraph 2, SkyWest admits that ParagraphD085 ofSkyWest's Operations Specifications (Op Specs) authorizes SkyWestto use N659BR, a BombardierCL-600- 2B19 civil aircraft, in the conduct ofSkyWest'sPart 121 operations. 3. In response to Paragraph 3, SkyWest admits that ParagraphD072 ofSkyWest's OpSpecs requires SkyWest to maintain its aircraft under a Continuous Airworthiness Maintenance Program**(C~MP).** 4. In response to Paragraph 4, SkyWest admits that Paragraph D072 ofSkyWest's OpSpecs incorporates the SkyWest General Maintenance Manual (GMM) into SkyWest's CAMP. 5. Inresponse to Paragraph 5, SkyWest admits that Chapter 1, Section 2, Paragraph 1.5.6 of the GMM incorporates SkyWest Standard Operating Procedures into SkyWest's CAMP. I 6. In response to Paragraph 6, Sky West admits that Chapter 1, Section 2, Paragraph 1.5.10.1.9 incorporates Original EquipmentManufacturer (OEM) Fault Isolation Manuals (FIMs) into Sky West's CAMP. 7. In response to Paragraph 7, SkyWest admits that SOP 2001- Mechanical Interruptions, Paragraph 11 .1.1 states that appropriate fault message reset procedures can be found in the FIM for the aircraft. 8. In response to Paragraph 8, SkyWest admits that the Bombardier CL-600-2B19 FIM, section FAULT RESET, pages 105 and 113 describes the approved procedure ofclearing a "STAB CH1 INOP" fault message.

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### 9. In response to Paragraph 9, SkyWest admits that the approvedprocedure is to: "Pushthe STAB DISC switch and then push the Stab CHI and CH2 push-buttons for at least two seconds to engage the stab trim. Ifthe above action is unsuccessful, open the two circuit breakers that follow and then close, them: CBP2-F5 STAB CHI HSTCU CBP4-AI STAB CH 2 HSTCU"
IO. In response to Paragraph IO, SkyWest admits that the Bombardier CL-600-2BI9 FIM, section FAULT RESET, page IOI states: "NOTE: Do notperform the actions that are given in the tables more than once. If, after the first attempt the fault message is still shown, maintenance will berequired. Refer to the specific Fault Isolation Procedure for the affected system."
II. In response to Paragraph II, SkyWest admits that the specific Fault Isolation Procedure for
a "STAB CHI INOP" fault message is found in the Bombardier CL-600-2BI9FIM, section 27-40-00. 12. In response to Paragraph 12, SkyWest admits that on October 19, 20I1, the crew of N659BRobserved an Engine Indicating Crew Alerting System (EICAS) "STAB CHI INOP" fault message. 13. In response to Paragraph 13, SkyWest admits the crew ofN659BRentered the discrepancy in the aircraft maintenance log. I4. In response to Paragraph I4, SkyWest admits, that at the direction ofmaintenance control, the crew reset circuit breaker 2F5 without first pushing the STAB DISC switch and pushing the Stab CHI and CH2 push-buttons for at least two (2) seconds. 15. In response to Paragraph 15, SkyWest admits, that at the direction ofmaintenance control, the crew powered down N659BR for three (3) minutes, thenpowered it back up.

316. In response to Paragraph 16, SkyWest is without sufficient information orknowledge from which to fo a beliefas to the truth ofthe allegation that at the direction ofmaintenance control, the cr 3w powered down N659BRfor five (5) minutes, then powered it backup. 17. In response to Paragraph 17, Sky West admits that the actions described in paragraphs 15 and 16 above are not described in the BombardierCL-600-2B19 FIM, section 27-40-00. 18. In response to Paragraph18, SkyWest is without sufficient information orknowledge from which to form a beliefas to the truth ofthe allegation that the crew's actions as described in paragraphs 14, 15 and 16 constituted maintenance. 19. In response to Paragraph 19, SkyWest admits that, at the direction ofmaintenance control, the Pilot-In-Command entered "Powereddown Aircraft per SP8600 Repowered Aircraft, message cleared system checks normal. No FurtherAction Requires perMX Control" as the corrective action for the discrepancy and initialed the item closedblock in the Aircraft MaintenanceLog. 20. In response to,Paragraph 20, SkyWest denies that N659BRwas unairworthy due to the use ofanunapprovedprocedure for correcting the "STAB CHI INOP" discrepancy. 21. In response to .Paragraph 21, SkyWest admits that on October21,2011, N659NR underwent a service inspection. 22. In response to Paragraph 22, SkyWest admits that between October 19, 2011, whenthe discrepancywas entered in the log and the service inspection onOctober21, 2011, SkyWest operated N659BRon eleven (11) passenger-carrying flights. III. SkyWest denies all remaining allegations set forth in the Complaint.

4AFFIRNIATIVE DEFENSES 1. The proposedpenaltyis excessive and violates FAApolicy. 2. SkyWest mayhave other affirmative defenses not currentlyknown but which may becomeknown through discovery. SkyWestreserves the right to allege such affirmative defenses as theybecome known.
DATED this

# ~ay ofAugust, 2013.

Todd C. Emerson Attorney for SkyWestAirlines

5CERTIFICATE OF SERVICE The undersigned hereby certifies that on this

# ~ay ofAugust, 2013, a true and correct copyofthe foregoing ANSWERAND AFFIRMATIVE DEFENSES was served as follows: Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building- Suite 2Wl000 {FederalExpress} Robert Spitzer Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Avenue S.W. Renton, vVashington 98057 {Facsimile andFederalExpress}

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