RECEIVED 

SEP 1 9 2012 

Todd C. Emerson, #8175 

444 South River Road 

HEARING DOCKET 

St. George, Utah, 84 790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

FAA DOCKET CP: Unassigned 

SkyW est Airlines, Inc. 

FAA Case No. 2011NM060081 

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Judge Not Assigned f=A /1- c2. !JfA- () {) 

JUDGE NOT ASSIGNED 

ANSWER AND AFFIRMATIVE DEFENSES 

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

Rule 209 of the Rules of Practice (14 C.F.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 $40,000, and on August 8, 2012 

SkyWest submitted a written request for a hearing. 
II. 

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

herein, 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 N603SK, a Bombardier CL-600-

2C10 civil aircraft, in the conduct ofSkyWest's Part 121 operations. 

3. In response to Paragraph 3, SkyWest admits that Paragraph A098 of SkyWest's OpSpecs 

requires that aircraft loading for Bombardier CL-600-2C10 aircraft be accomplished in 

accordance with SkyWest's Weight & Balance Operations Manual, SP4100, (W&B 

Manual), "Part XII, revision Orig of 1 APR 10." 

4. In response to Paragraph 4, SkyWest admits that its W&B Manual contains the loading 

schedules and instructions for SkyWest's Bombardier CL-600-2C10 aircraft. 

5. In response to Paragraph 5, SkyWest admits that its W&B Manual, Chapter 2, paragraph 

2.A.14 defines "COMAT" as a "Company material such as inter-office correspondence, 

aircraft supplies, etc." 

6. In response to Paragraph 6, SkyWest admits that its W&B Manual, Chapter 2, paragraph 

2.A.6 defines "Cargo" as including COMAT. 

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7. In response to Paragraph 7, Sky West admits that its W &B Manual (Temporary Revision 

dated 14 FEB 11), Chapter 3, paragraph 2.1.1 requires the loading agent to record on the 

Cargo Load Report (CLR) the actual weight ofCOMAT. 

8. In response to Paragraph 8, Sky West admits that its W &B Manual (Temporary Revision 

dated 14 FEB 11), Chapter 3, paragraph 2.1.2 requires the loading agent to verify the actual 

weight of CO MAT loaded in the aircraft. 

9. In response to Paragraph 9, SkyWest admits that its W &B Manual (Temporary Revision 

dated 14 FEB 11), Chapter 3, paragraph 3.B.2 states the flight deck crewmember uses the 

information from the CLR to construct the ACARS load manifest. 

10. In response to Paragraph 10, SkyWest admits that its W&B Manual, Chapter 4, paragraph 

8.14, requires the loading agent to write the total weight (in pounds) of CO MAT loaded in 

each cargo bin/pit on the CLR. 

11. In response to Paragraph 11, Sky West admits that its W &B Manual, Chapter 4, paragraph 

11 - Aircraft Loading, contains the warning: 

.&. WA:RN!NG -INACCURATE LOA.D!NG, REPORTING,, OR 

FAILURE TO REPORT INFORMATION COULD CAUSE lS:SUES 

WITH AJRCRAH PERFORMANCE AND HANDLING .. RESULTING 

IN THE ENDANGERMENT OIF HUMAN LIFE. . ·~~~··~·~~····-· 

III. 

12. In response to Paragraph 12, SkyWest admits that on June 15, 2011, at Salt Lake City 

International Airport (SLC), Salt Lake City, Utah, SkyWest loaded passengers and baggage 

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onto N603SK, to be operated as Flight 4781 bound for Reno/Tahoe International Airport 

(RNO), Reno, Nevada. 

13. In response to Paragraph 13, SkyWest is without sufficient information or knowledge from 

which to form a belief as to the truth of the allegation that SkyWest's personnel at SLC 

loaded 190 pounds ofCOMAT onto N603SK, and therefore denies the same. 

14. In response to Paragraph 14, SkyWest admits the CLR for Flight 4781 listed 160 pounds of 

COMAT on board N603SK. 

15. In response to Paragraph 15, SkyWest is without sufficient information or knowledge from 

which to form a belief as to the truth of the allegation that the inaccurate data on the CLR 

was used to construct the A CARS load manifest for Flight 4 781, and therefore denies the 

same. 

16. In response to Paragraph 15, SkyWest admits it operated N603SK as Flight 4781 to RNO. 

IV. 

17. In response to Paragraph 17, SkyWest admits it has paid civil penalties on eight previous 

cases involving loading of cargo contrary to approved procedures. 

v. 

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

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AFFIRMATIVE DEFENSES 

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

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 1 i 11 day of September, 2012. 

Todd . Emerson 

Attorney for Sky West Airlines 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 171h 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 A venue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 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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