Todd C. Emerson, #8175 

444 South River Road 

St. George, Utah, 84790 

Telephone: (435) 634-3530 

Facsimile: (435) 634-3505 

RECE\VED 

NOV 2 5 201~ 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Sky West Airlines, Inc. 

~Oict. ogoq FAA DOCKET CP: Unassigned 

FAA Case No. 2012NM060029 

Judge: Unassigned 

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.F.R. 13.209), and states as follows: 

I. 

SkyWest 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$210,000, and on October 13,2014 

Sky West submitted a written request for a hearing. 
n. 

1. Sky West admits the allegations set forth in response to Paragraph 1. 

2. Sky West admits the allegations set forth in response to Paragraph 2. 

3. Sky West admits the allegations set forth in response to Paragraph 3 

4. Sky West admits the allegations set forth in response to Paragraph 4. 

5. SkyWest admits the allegations set forth in response to Paragraph 5. 

6. Sky West admits the allegations set forth in response to Paragraph 6. 

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

8. Sky West admits the allegations set forth in response to Paragraph 8. 

9. Sky West admits the allegations set forth in response to Paragraph 9. 

10. Sky West admits the allegations set fmih in response to Paragraph 10. 

11. Sky West admits the allegations set forth in response to Paragraph 11. 

12. Sky West admits the allegations set forth in response to Paragraph 12. 

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

14. Sky West admits the allegations set forth in response to Paragraph 14. 

15. Sky West admits the allegations set forth in response to Paragraph 15. 

16. Sky West admits the allegations set forth in response to Paragraph 16. 

17. Sky West admits the allegations set forth in response to Paragraph 17. 

18. Sky West is without sufficient information or knowledge from which to form a belief as to 

the truth of the allegation and therefore denies the same. 

19. Sky West denies the allegations set forth in response to Paragraph 19. 

20. SkyWest admits the allegations set forth in response to Paragraph 20. 

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21. Sky West admits the allegations set forth in response to Paragraph 21. 

22. Sky West admits the allegations set forth in response to Paragraph 22. 

23. Sky West denies the allegations set forth in response to Paragraph 23. 

24. Sky West denies the allegations set forth in response to Paragraph 24. 

25. Sky West is without sufficient information or knowledge from which to form a belief as to 

the truth of the allegation and therefore denies the same. 

26. Sky West admits the allegations set forth in response to Paragraph 26. 

III. 

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

AFFIRMATIVE DEFENSES 

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

2. Sky West may have other affirmative defenses not currently known but which may 

become known through discovery. Sky West reserves the right to allege such 

affitmative defenses as they become known. 

DATED this 241

h day of November, 2014. 

~-

\ 

-----------------------------==~~'·~~~\~\-~_,_-~:;~~~~=)~-~~---~~~~··_··~_-_-_------~ Todd C. Emerson 

Attorney for Sky West Airlines 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on this 241

h day ofNovember, 2014, 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} 

Robert Spitzer 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

{E-mail and Federal Express} 

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