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

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## 03 

# RECEIVED SEP 1

## 72012 

# HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. Inthe Matter of: SkyWest Airlines, Inc. FAADOCKET CP: Unassigned FAA Case No. 2011NM060072 FDMS No. FAA-2012-0869 Judge Richard C. Goodwin

ANSWERAND AFFIRMATIVE DEFENSES SkyWest Airlines, Inc. ("SkyWest"), byits counsel, hereby files its Answer, pursuant to Rule 209 ofthe Rules ofPractice (14 C.P.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 onAugust 8, 2012 SkyWest submitted a written request for a hearing.II. 1. Inresponse to Paragraph 1, SkyWest admits that itis now and was atall times material herein, the holder ofScheduled Air Carrier Certificate No. SWIA011A, and conducts its operations pursuant to Part 121 ofthe Federal Aviation Regulations (FAR). 2. In response to Paragraph 2, SkyWest admits thatParagraph D085 ofSkyWest's Operations Specifications (Op Specs) authorizes SkyWest to use N744SK, 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. Inresponse 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.58 defines "Standard Checked Bag" as a "checkedbag weighing 50 lb or less." 6. h1 response to Paragraph 6, SkyWest admits that its W&B Manual, (TemporaryRevision dated 14 FEB 11), Chapter 3, paragraph 2.D.1 states the "designated CS Ground Operations loading agent evaluates the classification ofall checked baggage (either standard orheavy). The designated loading agent must mark the number ofstandard and heavy checkedbaggage onthe CLR." 27. In response to Paragraph 7, SkyWest admits that its W&B Manual (TemporaryRevision dated 14 FEB 11), Chapter 3, paragraph 2.1.2 states that "[u]pon completion ofloading the cargo bin/pit, the designated loading agent must verifythe piece count ofall Standard Checked, Heavy Checked, and Planeside Loaded/Service Item Baggage..." 8. In response to Paragraph 8, Sky West admits that its W&B Manual (TemporaryRevision dated 14 FEB 11), Chapter 3, paragraph 3.B.2 states the flight deck crewmemberuses the infonnation from the CLRto construct the ACARS. load manifest. 9. In response to Paragraph 9, SkyWest admits that its W&B Manual, Chapter 4, paragraph 8.8, requires the loading agent to write the total number ofstandard checkedbaggage loaded in each cargo bin/pit in the appropriate "Standard Checked" block on the CLR. 10. In response to Paragraph 10, Sky West admits that its W&B Manual, Chapter4, paragraph 11 - Aircraft Loading, contains the warning: 

# A '!NARfllNG - INACCURATE UJAIJaNG, REPORTING, OR FAILURE TO REPORT lNFORMATlON COUlD' CAIJSE :JS:SIJESJ WITH A!IRC:RAH PERFORMANCEAND HANDUN'G. RESULTING IN THE ENIJANGER.M'ElNT OF HUMAtl LIFE. . III. 11. In response to Paragraph 11, SkyWest admits that onMay 5, 2011, at George Bush Intercontinental/Houston Airport (IAH), Houston, Texas, SkyWest loaded passengers and baggage onto N744SK, to be operated as Flight 1160 bound for City ofColorado Springs Municipal Airport (COS), Colorado Springs, Colorado. 312. In response to Paragraph 12, SkyWestis without sufficient information orknowledge from whichto form a beliefas to the truth ofthe allegation that SkyWest's personnel at IAH loaded 35 standard checked bags onto N744SK, and therefore denies the same. 13. In response to Paragraph 13, SkyWest admits the CLR for Flight 1160 listed 23 standard checked bags onboardN7 44SK. 14. In response to Paragraph 14, SkyWest is without sufficient information or knowledge from which to form a beliefas to the truth ofthe allegation that the inaccurate data onthe CLR was used to construct the ACARS load manifest for Flight 1160, and therefore denies the same. 15. In response to Paragraph 15, SkyWest admits it operatedN744SK as Flight 1160 to COS. IV. 16. In response to Paragraph 16, SkyWest admits it has paid civil penalties on eightprevious cases involving loading ofcargo contraryto approved procedures. 

## v. SkyWest generally denies all remaining allegations set forth in the Complaint. AFFIRMATIVE DEFENSES 1. The proposedpenalty is excessive and violates FAA orders.

42. SkyWest mayhave other affinnative defenses not currentlyknown but whichmay become known through discovery. SkyWest reserves the right to allege such affirmative defenses as theybecome known. DATED this 

### 14th day ofSeptember, 

### 2012.

Todd C. Emerson Attorney for SkyWestAirlines

5CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 14th day ofSeptember, 2012, a tme and con-ect 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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