rs 

Todd C.Emerson, #8175 

444 South River Road 

St. George, Utah, 84790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

Email: temerson@skywest.com 

-and -

Michael L. Dworkin #64047 

465 California Street, Suite 210 

San Francisco, California 94104 

Telephone: (415) 421-02500 

Facsimile: (415)421-2560 

Email: law@avialex.com 

Attorneys for Sky West Airlines, Inc. 

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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. V(^rY\S ^0l{'O77 ? 

In the Matter of: 

SKYWEST AIRLINES, INC. 

FAA Case No. 2011NM060033 

SKYWEST AIRLINES, INC.'S 

FIRST AMENDED ANSWER 

Judge: The Honorable Richard C. Goodwin 

SkyWest Airlines, Inc. ("SKYWEST"), by its counsel, hereby files its First Amended 

Answer, pursuant to Rule 213 of the Rules of Practice, (14 CFR § 13.213), and states as follows: 
I. 

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

that the COMPLAINANT proposed to assess a civil penalty in the amount of $33,000, and on July 

12, 2011 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 

hereto, the holder of Scheduled Air Carrier Certificate No. SWIAOl lA, 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 of SKYWEST's 

Operations Specifications (Op Specs) authorizes SKYWEST to use N709BR, a Bombardier 

CL-600-2B19 civil aircraft, in the conduct of SKYWEST'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-600-2B19 aircraft be 

accomplished in accordance with SKYWEST's Weight & Balance Operations Manual, 

SP4100, Part XII, revision original of April 1, 2010 (W«&B Manual). 

4. In response to Paragraph 4, SKYWEST admits that SKYWEST's W&B Manual contains 

the loading schedules and instructions for SKYWEST's Bombardier CL-600-2B19 aircraft. 

FAA Case No. 20nNM060033 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

2 
5. In response to Paragraph 5, SKYWEST admits that SKYWEST's 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. 

6. In response to Paragraph 6, SKYWEST admits that SKYWEST's W&B Manual, Chapter 

3, paragraph 2.D.1 requires the loading agent to mark the number of standard and heavy 

bags on the Cargo Load Report (CLR). 

7. In response to Paragraph 7, SKYWEST admits that SKYWEST's W&B Manual, Chapter 

3, paragraph 2.1.2 requires the loading agent to verify the piece count of all Standard 

Checked, Heavy Checked, and planeside loaded/Service Item Baggage upon completion of 

loading. 

8. In response to Paragraph 8, SKYWEST admits that SKYWEST's 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. 

9. In response to Paragraph 9, SKYWEST admits that SKYWEST's W&B Manual, Chapter 

4, paragraph 11 - Aircraft Loading, contains the warning: 

A i WARNING - INACCURATE LOADING, REPORTING, OR 

FAILURE TO REPORT INFORMATION COULD CAUSE ISSUES 

WITH AIRCRAFT PERFORMANCE AND HANDLING, RESULTING 

IN THE ENDANGERMENT OF HUMAN LIFE. 

FAA Case No. 2011NM060033 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

3 
III. 

10. In response to Paragraph 10, SKYWEST admits that on February 11, 2011, at Salt Lake 

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

baggage onto N709BR, to be operated as Flight 4451 bound for Casper/Natrona County 

International Airport (CPR), Casper, Wyoming. 

11. In response to Paragraph 11, 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 one Heavy Checked Bag marked with a Heavy Bag Tag, onto N709BR, and 

therefore denies each and every, all and singular, allegations contained therein, and each 

and every part thereof, both generally and specifically, conjunctively and disjunctively. 

12. In response to Paragraph 12, SKYWEST admits that the CLR for Flight 4451 listed 0 

Heavy Checked Bags on board N709BR. 

13. In response to Paragraph 13, SKYWEST admits that they operated N709BR as Flight 4451 

to CPR. 

IV. 

14. In response to Section IV of the Complaint, paragraphs l(a)-(e), SKYWEST denies each 

and every, all and singular, allegations contained therein, and each and every part thereof, 

both generally and specifically, conjunctively and disjunctively. 

FAA Case No. 2011NM060033 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

4 
15. In response to Section IV of the Complaint, paragraph 2, SKYWEST denies each and 

every, all and singular, allegations contained therein, and each and every part thereof, both 

generally and specifically, conjunctively and disjunctively. 

16. In response to Section IV of the Complaint, paragraph 3, SKYWEST denies each and 

every, all and singular, allegations contained therein, and each and every part thereof, both 

generally and specifically, conjunctively and disjunctively. 

FIRST AFFIRMATIVE DEFENSE 

As and for a separate and distinct defense, SKYWEST alleges: 

I. 

The sanction sought by Complainant is unwarranted by the facts, safety in commerce and the 

public interest and is not only excessive, but, far exceeds policy, precedent and Complainant's 

own Sanction Guidance Table. Further, the sanction is compounded, in violation of the 

Complainant's own Sancfion Guidance Table. 

SECOND AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The Complainant's case, is unwarranted and without basis or jurisdiction in law or fact. 

FAA Case No. 2011NM060033 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

5 
THIRD AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The complained of aircraft weight differentials, if any, were nominal at best and had 

absolutely no effect on aircraft center of gravity, performance, performance computations or 

safety. 

FOURTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has proactively mitigated any and all damage such that this action is 

unwarranted by policy or the need for safety. Specifically, SKYWEST has: 

i. Counseled all personnel involved in the loading and counting of the bags following each 

of the alleged incidents; 

ii. Issued SKYWEST Customer Service Training Bullefin 2010-14, Designated Loading 

Agent Responsibilities, directed at providing additional training in avoiding bag count 

discrepancies; 

iii. Issued SKYWEST Customer Service Training Bulletin 2010-04, Aircraft Loading 

Procedures, directed at providing additional training in avoiding bag count 

discrepancies; 

iv. Updated and revised the aircraft loading procedures set forth in its Station Operations 

Manual SP 5500 to specifically address said problems and ensure future compliance; 

FAA Case No. 2011NM060033 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

6 
V. Implemented initiatives to ensure all stations are physically staffed to allow one agent to 

directly account for the aircraft loading process on each SKYWEST flight, to ensure 

accurate physical baggage counts, cargo weights, and weight and balance 

communication with flight deck crews; 

vi. Performed internal evaluations of cargo load reporting and determined that compliance 

had been achieved. 

FIFTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

The average weight programs contemplated by AC120-27E fully acknowledges that the 

use of actual baggage and passenger weights are impractical, and by their very nature, permit 

discrepancies between what is contained in the load manifest and the actual weight of the 

aircraft. 

SIXTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

Any and all discrepancies upon which these actions are based are the product of simple 

human arithmetic error and in no way are indicative of SKYWEST's regulatory compliance 

disposition as all relevant employees were adequately trained and qualified and have since 

FAA Case No. 2011NM060033 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

7 
received additional training and internal audits have shown adequate compliance levels has been 

reached. 

SEVENTH AFFIRMATIVE DEFENSE 

As and for a separate distinct defense, SKYWEST alleges: 

I. 

SKYWEST has taken all necessary corrective actions to avoid repeated mishaps such that 

additional penalties are redundant and will not resuh in any increase in safety. 

WHEREFORE, it is prayed that the Administrative Law Judge not enter an order that 

SKYWEST be assessed a civil penalty in the amount of $33,000.00, or in any other amount; that 

the Complaint be dismissed with prejudice; and for such other and fiirther relief as may be 

deemed appropriate. 

i t h DATED this 11'" day of October, 2011 

Michael L. Dworkin 

Co-Counsel for SKYWEST Airlines 

FAA Case No. 2011NM060033 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

8 
CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 11"' day of October, 2011, a true and correct 

copy of the foregoing SKYWEST'S FIRST AMENDED ANSWER AND AFFIRMATIVE 

DEFENSES was served as follows: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-

320 

Washington, D.C. 20590 

{Federal Express} 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

(Federal Express} 

Jeffrey M. Harper 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

FAX: (425) 227-1007 

{F^csimtk and Federal Express} 

Sheri Becker 

FAA Case No. 2011NM060033 

SKYWEST AIRLINES, INC.'S FIRST AMENDED ANSWER 

9