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

# RECEIVED JUL 17 2014 HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. In the Matter of: SkyWest Airlines, Inc. FAA DOCKET CP: Unassigned FAA Case No. 2012NM060030 Judge Richard C. Goodwin

ANSWERAND AFFIRMATIVE DEFENSES SkyWestAirlines, Inc. ("SkyWest"), by its counsel, hereby files its Answer, pursuant to Rule 209 ofthe Rules ofPractice (14 C.F.R. 13.209), and states as follows: I. Sky West admits that it was advised tlnough a Final Notice ofProposed Civil Penaltythat the FAA proposedto assess a civil penalty in the amount of$40,000, and onJune 10,2014 SkyWest submitted a writtenrequest for ahearing.II. 1. In response to Paragraph 1, Sky West admits that itis now and was at all times material hereto, the holder ofScheduled Air Carrier CertificateNo. SWIAOllA, and conducts its operations pursuant to Part 121 ofthe Federal AviationRegulations (FAR). 2. Inresponse to Paragraph 2, Sky West admits that Paragraph D085 ofSkyWest's Operations Specifications (Op Specs) authorizes SkyWest to use N448SW, a Bombardier CL-600- 2Bl9 civil aircraft, inthe conduct ofSkyWest'sPart 121 operations. 3. In response to Paragraph 3, SkyWest admits that Paragraph A098 ofSkyWest's OpSpecs requires that aircraft loading for Bombardier CL-600-2B19 aircraft be accomplished in accordance with SkyWest's Weight & Balance Operations Part XII SP 4100 (W&B Manual). 4. Inresponse 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 "equivalentto planeside loadedvalet/service item.".

27. 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 oritem that is placed at the door or steps ofan aircraft and subsequentlyplaced inthe 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, SkyWest 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 nowbecomes 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 inthe cargo bin/pit must be accounted for onthe 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 ofloadingthe cargo bin/pit, the designated loading agent must verify the piece count ofall Standard Checked, Heavy Checked, and Planeside Loaded/Service Item Baggage ..." 10. Inresponse to Paragraph 10, SkyWest 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 ACARS load manifest with information from the CLR."

311. 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, SkyWest admits that on December 4, 2011, at Sacramento Intemational Airport (SMF), Sacramento, Califomia, SkyWest 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, SkyWest admits that the ACARS Load Manifest for Flight 4743 listed no valet bags on boardN448SW. 16. In response to Paragraph 16, SkyWest admits that it operated N448SW as Flight 4743 to LAX. 417. Inresponse to Paragraph 17, SkyWest admits that ithas paidreduced civil penalties in eightprevious cases involving loading ofcargo and baggage contrary to approved procedures. IV. Sky West generally denies all remaining allegations set forth in the Complaint. AFFIRMATIVE DEFENSES I. The proposedpenalty is excessive and violates FAA orders. 2. This matter can1e to the FAA's attention solely by way ofa voluntary disclosure, and by no other means did the FAA learn ofthis matter. Ifa violation is proven, the penalty shouldbe significantly reduced in light ofSky West's disclosure and effortto mitigate. 3. SkyWest mayhave other affirmative defenses not currently known but which may become known through discovery. SkyWest reserves the rightto allege such affirmative defenses as theybecome known. DATED this 16th day ofJuly, 20

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# C-~ Todd C. Emerson Attorney for SkyWestAirlines

5CERTIFICATE OF SERVICE 

### The undersigned hereby certifies that on this 161h 

### day ofJuly, 2014, a true and correct copy ofthe foregoing ANSWERAND AFFIRMATIVE DEFENSES 

### was served as follows: Federal Aviatiou Administration 800 Independence Avenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 {Federal Express} 

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



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