Todd C. Emerson, #8175 444 SouthRiverRoad 

# RECEIVED St. George, Utah, 84790 Telephone: (435) 634-3530 Facsimile: (435) 634-3505 

## AUB 152012 

# HEARING DOCKET

Inthe Matter of: Sky West Airlines, Inc. UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

FAA DOCKET CP: Unassigned FAA Case No. 2011NM060005 Judge: Richard C. Goodwin

ANSWER AND AFFIRMATIVE DEFENSES Sky WestAirlines, Inc. ("SkyWest"), byits counsel, herebyfiles its Answer, pursuant to Rule 209 ofthe Rules ofPractice (14 C.P.R. 13.209), and states as follows: I. Sky West admits that it was advised through a Final Notice ofProposed Civil Penaltythat the FAAproposedto assess a civil penaltyinthe amount of$142,500, and on June 29,2012 SkyWest submitted a written request for a hearing.II. 1. Inresponse to Paragraph 1, SkyWest admits that it is now and was at all times material hereto, the holder ofScheduledAir Carrier Certificate No. SWIA011A, and conducts its operations perFederal Aviation Regulation Part 121. 2. Inresponse to Paragraph 2, SkyWest admits that Paragraph DOSS ofSkyWest's Operations Specifications (Op Specs) authorizes Sky West to use N822SK, a Bombardier CL-600- 2D24 civil aircraft, inthe conduct ofSkyWest's Part 121 operations. 3. Inresponse to Paragraph 3, SkyWest admits that Paragraph D095 ofSkyWest's OpSpecs allows SkyWest to use an approved Minimum Equipment List (MEL) to defer maintenance, provided certain conditions and limitations are met. 4. Inresponse to Paragraph 4, SkyWest admits that SkyWest SP 8175, MEL CL600-2D24 is the approved MEL for SkyWest's Bombardier CL-600-2D24 aircraft. 5. Inresponse to Paragraph 5, SkyWest admits that procedures listed onthe MEL for the discrepancy must be completed in order to properly defer the discrepancy. 6. Inresponse to Paragraph 6, SkyWest admits that on October 18, 2010, a flight crew reported an "APACK FAULT STATUS MSG" as a mechanical irregularity inthe maintenance log ofN822SK. 7. SkyWest admits the allegations set forth inresponse to Paragraph 7. 8. SkyWest admits the allegations set forth inresponse to Paragraph 8.

29. In response to Paragraph 9, SkyWest admits that "Flight Day" is defined in SkyWest's SP7555, Defmitions and Acronyms for StandardPractices, as "a 24 hour period (from 3:00 a.m. to 3:00a.m.) local time during which at least one flight is initiated for the affected aircraft." 10. SkyWest denies the allegations set forth in response to Paragraph 10. 11. Sky West denies the allegations set forth in response to Paragraph 11. 12. SkyWest denies the allegations set forth inresponse to Paragraph 12. 13. Sky West denies the allegations set forth in response to Paragraph 13. 14. SkyWest denies the allegations set forth inresponse to Paragraph 14. Ill. Sky West denies all remaining allegations set forth in the Complaint. AFFIRMATIVE DEFENSES l. The proposed penaltyis excessive and violates FAApolicy. 2. SkyWestmayhave other affirmative defenses not currently !mownbutwhich may become known through discovery. SkyWest reserves the right to allege such affirmative defenses as they become ]mown.

3DATED this 13 1 h day ofAugust, 2012. 

# ---**T~~E~:bVn** Attorney for SkyWestAirlines

4CERTIFICATE OF SERVICE The undersigned hereby certifies that onthis 13 1 h day ofAugust, 2012, a true and correct 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 2W1000 {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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