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

# RECEIVED**~(()V** 

## 2 5 2014 HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter of:
SkyWest Airlines, Inc. 

# dOH-**O~il** FAA DOCKET CP: Unassignea' FAA Case No. 2013NM060083 Judge: Unassigned

ANSWER AND AFFIRMATIVE DEFENSES SkyWest Airlines, Inc. ("Sky West"), 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$98,500, and on October 13,2014 SkyWest submitted a written request for a hearing.II.
1. Sky West admits the allegations set forth in Paragraph 1. 2. SkyWest admits the allegations set forth in Paragraph 2. 3. SkyWest admits the allegations set forth in Paragraph 3. 4. SkyWest admits the allegations set forth in Paragraph 4. 5. SkyWest admits the allegations set forth in Paragraph 5. 6. SkyWest admits the allegations set forth in Paragraph 6. 7. SkyWest admits the allegations set forth in Paragraph 7. 8. Sky West admits the allegations set forth in Paragraph 8. 9. SkyWest admits the allegations set forth in Paragraph 9. 10. SkyWest admits the allegations set forth in Paragraph 10. II. SkyWest is without sufficient information or knowledge from which to fmm a beliefas to the truth ofthe allegation, and therefore denies the same. 12. SkyWest is without sufficient infonnation or knowledge from which to form a belief as to the truth ofthe allegation, and therefore denies the same. 13. Sky West is without sufficient information or knowledge from which to form a beliefas to the truth ofthe allegation, and therefore denies the same. 14. SkyWest is without sufficient information or knowledge from which to form a beliefas to the truth ofthe allegation, and therefore denies the same. 15. SkyWest is without sufficient information or knowledge from which to form a beliefas to the truth ofthe allegation, and therefore denies the same. 16. SkyWest denies the allegations set forth in Paragraph 16.

2III. SkyWest denies all remaining allegations set forth in the Complaint. 

### AFFIRMATIVE DEFENSES 1. The proposed penalty is excessive and violates FAA policy. 2. SkyWest may have other affirmative defenses not currently known but which may become known through discovery. SkyWest reserves the right to allege such affinnative defenses as they become known. DATED this 

### 24th day ofNovember, 

### 2014.

Attorney for SkyWestAirlines

3CERTIFICATE OF SERVICE The undersigned hereby certifies that onthis 241h day ofNovember, 2014, a true and conect copy ofthe 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 2WI000 {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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