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

# RECE\VED NOV 25**201~** 

## HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

### In the Matter of:
SkyWest Airlines, Inc.

## ~Oict. 

# ogoq FAA DOCKET CP: Unassigned FAA Case No. 2012NM060029 Judge: Unassigned

ANSWERAND AFFIRMATIVE DEFENSES 

### SkyWest Airlines, 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. 

### SkyWest admits that it was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty inthe amount of$210,000, and on October 13,2014 SkyWest submitted a written request for a hearing.

### n. 1. SkyWest admits the allegations set forth inresponse to Paragraph 1. 2. SkyWest admits the allegations set forth in response to Paragraph 2. 3. SkyWest admits the allegations set forth in response to Paragraph 3 4. SkyWest admits the allegations set forth inresponse to Paragraph 4. 5. SkyWest admits the allegations set forth in response to Paragraph 5. 6. SkyWest admits the allegations set forth in response to Paragraph 6. 7. SkyWest admits the allegations set forth in response to Paragraph 7. 8. SkyWest admits the allegations set forth inresponse to Paragraph 8. 9. SkyWest admits the allegations set forth in response to Paragraph 9. 10. SkyWest admits the allegations set fmih in response to Paragraph 10. 11. SkyWest admits the allegations set forth in response to Paragraph 11. 12. Sky West admits the allegations set forth in response to Paragraph 12. 13. SkyWest admits the allegations set forth in response to Paragraph 13. 14. SkyWest admits the allegations set forth in response to Paragraph 14. 15. SkyWest admits the allegations set forth in response to Paragraph 15. 16. SkyWest admits the allegations set forth in response to Paragraph 16. 17. SkyWest admits the allegations set forth in response to Paragraph 17. 18. SkyWest is without sufficient information or knowledge from whichto form a beliefas to the truth ofthe allegation and therefore denies the same. 19. SkyWest denies the allegations set forth in response to Paragraph 19. 20. SkyWest admits the allegations set forth in response to Paragraph 20. 221. SkyWest admits the allegations set forth in response to Paragraph 21. 22. SkyWest admits the allegations set forth in response to Paragraph 22. 23. SkyWest denies the allegations set forth in response to Paragraph 23. 24. SkyWest denies the allegations set forth inresponse to Paragraph 24. 25. SkyWest is without sufficient information or knowledge from which to form a beliefas to the truth ofthe allegation and therefore denies the same. 26. SkyWest admits the allegations set forth in response to Paragraph 26. III. SkyWest denies all remaining allegations set forth in the Complaint. AFFIRMATIVE DEFENSES I. The proposed penalty is excessive and violates FAA policy. 2. SkyWest may have other affirmative defenses not currently known butwhich may become known through discovery. SkyWest reserves the right to allege such affitmative defenses as they become known. DATED this 241 h day ofNovember, 2014.**~-** \

# -----------------------------==~~'·~~~\~\-~_,_-~:;~~~~=)~-~~---~~~~··_··~_-_-_------~ Todd C. Emerson Attorney for SkyWestAirlines

3CERTIFICATE OF SERVICE 

### The undersigned hereby certifies that onthis 241h 

### day ofNovember, 2014, 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 2W1 000 {Federal Express} 

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

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