Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84790 

Telephone: ( 435) 634-3530 

Facsimile: ( 435) 634-3505 

RECEIVED 

JUL 1 7 2014 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Sky West Airlines, Inc. 

FAA DOCKET CP: Unassigned 

FAA Case No. 2012NM060030 

Judge Richard C. Goodwin 

ANSWER AND AFFIRMATIVE DEFENSES 

Sky West Airlines, Inc. ("Sky West"), 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. 

Sky West admits that it was advised tlnough a Final Notice of Proposed Civil Penalty that 

the FAA proposed to assess a civil penalty in the amount of$40,000, and on June 10,2014 

Sky West 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 

hereto, the holder of Scheduled Air Carrier Certificate No. SWIAOllA, and conducts its 

operations pursuant to Part 121 of the Federal Aviation Regulations (FAR). 

2. In response to Paragraph 2, Sky West admits that Paragraph D085 of SkyWest's Operations 

Specifications (Op Specs) authorizes SkyWest to use N448SW, a Bombardier CL-600-

2Bl9 civil aircraft, in the conduct ofSkyWest's Part 121 operations. 

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

requires that aircraft loading for Bombardier CL-600-2B 19 aircraft be accomplished in 

accordance with SkyWest's Weight & Balance Operations Part XII SP 4100 (W&B 

Manual). 

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

schedules and instructions for SkyWest's Bombardier CL-600-2Bl9 aircraft .. 

5. In response to Paragraph 5, SkyWest admits that its W&B Manual (Revision 01 dated 22 

SEP 11 ), Chapter 2, defines "planeside loaded bag" as "equivalent to planeside loaded 

valet/service item." 

6. In response to Paragraph 6, Sky West admits that its W &B Manual (Revision 01 dated 22 

SEP 11 ), Chapter 2, defines "service item" as "equivalent to planeside loaded valet/service 

item.". 

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7. In response to Paragraph 7, Sky West admits that its W&B Manual (Revision 01 dated 22 

SEP 11 ), Chapter 2, defines "planeside loaded valet/service items" as"[ a]ny bag or item 

that is placed at the door or steps of an aircraft and subsequently placed in the aircraft cargo 

compartment or cargo bin. Refcned to as Planeside Valet/Service Item on the CLR [Cargo 

Load Report]." 

8. In response to Paragraph 8, Sky West admits that its W &B Manual (Revision 01 dated 22 

SEP 11), Chapter 3, paragraph 2.E.2 states "[i]tems that carmot be stowed in an overhead 

bin, underneath a seat, or secured in an empty seat must be collected from the passenger 

and tagged with a planeside loaded/carry-on tag. The item now becomes a planeside 

loaded bag. All passenger items collected at the boarding stairs, in a passenger loading 

bridge, or removed from inside the aircraft passenger cabin and placed in the cargo bin/pit 

must be accounted for on the CLR." 

9. In response to Paragraph 9, SkyWcst admits that its W&B Manual (Revision 01 dated 22 

SEP 11), Chapter 3, paragraph 2.!.2 states that "[u]pon completion ofloading the cargo 

bin/pit, the designated loading agent must verify the piece count of all Standard Checked, 

Heavy Checked, and Plane side Loaded/Service Item Baggage ... " 

10. In response to Paragraph 10, Sky West admits that its W &B Manual (Revision 01 dated 22 

SEP II), Chapter 4, paragraph 13 .B.! states the "PIC [pilot in command] completes the 

A CARS load manifest with information from the CLR." 

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11. In response to Pa.ragraph11, SkyWest admits that its W&B Manual (Revision 01 dated 22 

SEP 11 ), Chapter 4, paragraph 8.1 0, requires the loading agent to write the total number of 

Planeside Valet/Service Items loaded in each cargo bin/pit in the appropriate "Planeside 

Valet/Service Item" block on the CLR. 

12. In response to Paragraph 12, SkyWest admits that its W&B Manual, Chapter 4, paragraph 

12 contains the warning:. 

W.ARNlMG - llNACCU!R:ATE lOAIJI!f>IIG, REIPOHTI~G, OR 

FildLURE TO REPORT lNIFORMATIOIN COUlD CAUSE ISSUES 

WIITl-1 .lli.IIRCRAFT PERFORrlll'IAtl!CE At4H HANIJLING, RE:&IULHNG 

lN THE ENIIJA.NGERMENT OF I-lUMAN UiFE. 

III. 

13. In response to Paragraph 13, Sky West admits that on December 4, 2011, at Sacramento 

Intemational Airport (SMF), Sacramento, Califomia, Sky West loaded passengers and 

baggage onto N448SW, to be operated as Flight 4743 bound for Los Angeles Intemational 

Airport (LAX), Los Angeles, Califomia. 

14. In response to Paragraph 14, SkyWest denies the allegation that Sky West's personnel at 

SMF loaded 39 Planeside Valet/Service items on board N448SW. 

15. In response to Paragraph 15, Sky West admits that the ACARS Load Manifest for Flight 

4743 listed no valet bags on board N448SW. 

16. In response to Paragraph 16, SkyWest admits that it operated N448SW as Flight 4743 to 

LAX. 

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17. In response to Paragraph 17, Sky West admits that it has paid reduced civil penalties in 

eight previous cases involving loading of cargo and baggage contrary to approved 

procedures. 

IV. 

Sky West generally denies all remaining allegations set forth in the Complaint. 

AFFIRMATIVE DEFENSES 

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

2. This matter can1e to the FAA's attention solely by way of a voluntary disclosure, and 

by no other means did the FAA learn of this matter. If a violation is proven, the penalty 

should be significantly reduced in light of Sky West's disclosure and effort to mitigate. 

3. Sky West may have other affirmative defenses not currently known but which may 

become known through discovery. Sky West reserves the right to allege such 

affirmative defenses as they become known. 

DATED this 16th day of July, 20 J'4.~ 

Todd 

\ruM 

C. Emerson 

C-~ Attorney for Sky West Airlines 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 161

h day of July, 2014, a true and correct 

copy of the foregoing ANSWER AND AFFIRMATIVE DEFENSES was served as follows: 

Federal A viatiou Administration 

800 Independence Avenue 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 

{E-mail and Federal Express} 

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