,ft 

Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

s ~~ 03 RECEIVED 

SEP 1 7 2012 

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. 2011NM060072 

FDMS No. FAA-2012-0869 

Judge Richard C. Goodwin 

ANSWER AND AFFIRMATIVE DEFENSES 

SkyWest Airlines, Inc. ("SkyWest"), by its counsel, hereby files its Answer, pursuant to 

Rule 209 of the 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 Penalty that 

the FAA proposed to assess a civil penalty in 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 of Scheduled Air Carrier Certificate No. SWIA011A, 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 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 SkyW est's Weight & Balance Operations Manual, SP41 00, (W &B 

Manual), "Part XII, revision Orig of 1 APR 10.". 

4. In response to Paragraph 4, SkyW est 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 "checked bag weighing 50 lb or less." 

6. h1 response to Paragraph 6, SkyWest admits that its W&B Manual, (Temporary Revision 

dated 14 FEB 11), Chapter 3, paragraph 2.D.1 states the "designated CS Ground 

Operations loading agent evaluates the classification of all checked baggage (either 

standard or heavy). The designated loading agent must mark the number of standard and 

heavy checked baggage on the CLR." 

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7. In response to Paragraph 7, SkyWest admits that its W&B Manual (Temporary Revision 

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 verify the piece count of all Standard 

Checked, Heavy Checked, and Planeside Loaded/Service Item Baggage ... " 

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

dated 14 FEB 11), Chapter 3, paragraph 3.B.2 states the flight deck crewmember uses the 

infonnation from the CLR to 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 of standard checked baggage 

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, Chapter 4, 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 PERFORMANCE AND HANDUN'G. RESULTING 

IN THE ENIJANGER.M'ElNT OF HUMAtl LIFE. . 

III. 

11. In response to Paragraph 11, SkyWest admits that on May 5, 2011, at George Bush 

Intercontinental/Houston Airport (IAH), Houston, Texas, SkyWest loaded passengers and 

baggage onto N7 44SK, to be operated as Flight 1160 bound for City of Colorado Springs 

Municipal Airport (COS), Colorado Springs, Colorado. 

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12. In response to Paragraph 12, SkyWest is without sufficient information or knowledge from 

which to form a belief as 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 on board N7 44SK. 

14. In response to Paragraph 14, SkyWest is without sufficient information or knowledge from 

which to form a belief as to the truth of the allegation that the inaccurate data on the 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 operated N744SK as Flight 1160 to COS. 

IV. 

16. In response to Paragraph 16, SkyWest admits it has paid civil penalties on eight previous 

cases involving loading of cargo contrary to approved procedures. 

v. 

SkyWest generally denies all remaining allegations set forth in the Complaint. 

AFFIRMATIVE DEFENSES 

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

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2. SkyWest may have other affinnative defenses not currently known but which may 

become known through discovery. SkyWest reserves the right to allege such 

affirmative defenses as they become known. 

DATED this 14th day of September, 2012. 

Todd C. Emerson 

Attorney for Sky West Airlines 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 14th day of September, 2012, a tme and 

con-ect copy of the foregoing ANSWER AND AFFIRMATIVE DEFENSES was served as 

follows: 

Federal Aviation Administration 

800 Independence A venue 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 

{Facsimile and Federal Express} 

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