# RECEIVED SEP 1 92012 Todd C. Emerson, #8175 444 South River Road 

# HEARING DOCKET St. George, Utah, 84790 Telephone: (435) 634-3530 Facsimile: (435) 634-3505 

### UNITED STATES OFAMERICA DEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS

WASHINGTON, D.C. In the Matter of: FAA DOCKET CP: Unassigned SkyWest Airlines, Inc. FAA Case No. 2011NM060081 

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# 1 Judge Not Assigned 

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JUDGE NOT ASSIGNED 

### ANSWERAND AFFIRMATIVE DEFENSES SkyWest Airlines, 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 a Final Notice ofProposed Civil Penaltythat the FAAproposed to assess a civil penaltyin 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 ofScheduled Air Carrier CertificateNo. SWIA011A, and conducts its operations pursuant to Part 121 ofthe 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 ofSkyWest'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 1APR 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 "Companymaterial 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.

27. In response to Paragraph 7, Sky West admits that its W&B Manual (TemporaryRevision 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 (TemporaryRevision dated 14 FEB 11), Chapter 3, paragraph 2.1.2 requires the loading agent to verifythe actual weight ofCOMAT loaded in the aircraft. 9. In response to Paragraph 9, SkyWest admits that its W&B Manual (TemporaryRevision dated 14 FEB 11), Chapter 3, paragraph 3.B.2 states the flight deck crewmemberuses the information from the CLRto 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) ofCOMAT loaded in each cargo bin/pit onthe 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 loadedpassengers and baggage

3onto 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 orknowledge from which to form a beliefas to the truth ofthe 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 onboardN603SK. 15. In response to Paragraph 15, SkyWest is without sufficient information orknowledge from which to form a beliefas to the truth ofthe allegation that the inaccurate data on the CLR was used to construct the ACARS load manifest for Flight4781, and therefore denies the same. 16. In response to Paragraph 15, SkyWest admits it operatedN603SK as Flight 4781 to RNO. IV. 17. In response to Paragraph 17, SkyWest admits it has paid civil penalties on eightprevious cases involving loading ofcargo contraryto approvedprocedures. 

## v. SkyWest generally denies all remaining allegations set forth inthe Complaint.

4AFFIRMATIVE DEFENSES 

### 1. Theproposed penalty is excessive and violates FAA orders. 2. SkyWest mayhave other affirmative defenses not currentlyknownbut which may become known through discovery. SkyWest reserves the right to allege such affirmative defenses as theybecome known. DATED this 1

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### day ofSeptember, 2012.

Todd .Emerson Attorney for SkyWestAirlines

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### CERTIFICATE OF SERVICE The undersigned hereby certifies that onthis 171h 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: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 

### {Federal Express} JeffreyM. Harper Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 

### {Facsimile andFederalExpress}

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