Todd C. Emerson, #8175 

444 South River Road 

RECEIVED 

St. George, Utah, 84790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

AUB 1 5 2012 

HEARING DOCKET 

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

Rule 209 of the Rules of Practice (14 C.P.R. 13.209), and states as follows: 

I. 

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

the FAA proposed to assess a civil penalty in the amount of$142,500, and on June 29,2012 

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 

hereto, the holder of Scheduled Air Carrier Certificate No. SWIA011A, and conducts its 

operations per Federal Aviation Regulation Part 121. 

2. In response 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, in the conduct ofSkyWest's Part 121 operations. 

3. In response 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. In response 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. In response to Paragraph 5, SkyWest admits that procedures listed on the MEL for the 

discrepancy must be completed in order to properly defer the discrepancy. 

6. In response to Paragraph 6, SkyWest admits that on October 18, 2010, a flight crew 

reported an "A PACK FAULT STATUS MSG" as a mechanical irregularity in the 

maintenance log ofN822SK. 

7. SkyWest admits the allegations set forth in response to Paragraph 7. 

8. SkyWest admits the allegations set forth in response to Paragraph 8. 

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9. In response to Paragraph 9, SkyWest admits that "Flight Day" is defined in SkyWest's 

SP7555, Defmitions and Acronyms for Standard Practices, 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 in response to Paragraph 12. 

13. Sky West denies the allegations set forth in response to Paragraph 13. 

14. SkyWest denies the allegations set forth in response to Paragraph 14. 

Ill. 

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

AFFIRMATIVE DEFENSES 

l. The proposed penalty is excessive and violates FAA policy. 

2. SkyWest may have other affirmative defenses not currently !mown but which may 

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

affirmative defenses as they become ]mown. 

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DATED this 131

h day of August, 2012. 

---

T~~E~:bVn Attorney for Sky West Airlines 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 131

h day of August, 2012, a true and correct 

copy of the foregoing ANSWER AND 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 2W1 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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