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

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# RECEIVED SEP 14 2012 

# HEARING DOCKET

UNITED STATES OFAMERICA DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

WASHINGTON, D.C. 

### In the Matter of: SkyWest Airlines, Inc. FAADOCKET CP: Unassigned FAA Case No. 2011NM060063 FDMS No. FAA-2012-0873 Judge Richard C. Goodwin

ANSWERAND AFFIRMATIVE DEFENSES 

### SkyWest Airlines, Inc. ("SkyWest"), byits counsel, hereby files its Answer, pursuant to Rule 209 ofthe Rules ofPractice (14 C.P.R. 13.209), and states as follows: I. 

### SkyWest admits that it was advised through a Final Notice ofProposed Civil Penaltythat the FAAproposed to assess a civil penaltyin the amount of$40,000, and on August 8, 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 ofScheduled Air Carrier Certificate No. SWIA011A, and conducts its operations pursuant to Part 121 ofthe Federal Aviation Regulations (FAR). 2. In response to Paragraph 2, Sky West admits that Paragraph D085 ofSky West's Operations Specifications (Op Specs) authorizes SkyWest to use N755SK, a Bombardier CL-600- 2C10 civil aircraft, in the conduct ofSkyWest's Part 121 operations. 3. Inresponse to Paragraph 3, Sky West admits thatParagraph A098 ofSky West's OpSpecs requires that aircraft loading for Bombardier CL-600-2C10 aircraft be accomplished in accordance with SkyWest's Weight & Balance Operations Manual, SP4100, (W&B Manual), "Part XII, revision Orig of 1APR 1 0." 4. In response to Paragraph 4, SkyWest admits that its W&B Manual contains the loading schedules and instructions for SkyWest's Bombardier CL-600-2C10 aircraft. 5. In response to Paragraph 5, SkyWest admits that its W&BManual, Chapter 2, paragraph 2.A.58 defines "Standard Checked Bag" as a "checkedbag weighing 50 lb or less." 6. In response to Paragraph 6, SkyWest admits that its W&B Manual, Chapter 2, paragraph 

### 2.A24 defines "HeavyCheckedBags" as "[a]nybag that weighs more than 50 lb but less than lOOlb."

27. 

### In response to Paragraph 7, Sky West admits that its W&B Manual (TemporaryRevision dated 14 FEB 11), Chapter 3, paragraph 2.D.1 states the "designated CS Ground Operations loading agent evaluates the classification ofall checkedbaggage (either standard or heavy). The designated loading agent must mark the number ofstandard and heavy checked baggage onthe CLR." 8. In response to Paragraph 8, SkyWest admits that its W&B Manual (TemporaryRevision dated 14 FEB 11), Chapter 3, paragraph 2.1.2 states that "[u]pon completion ofloadingthe cargo bin/pit, the designated loading agent must verify the piece count ofall Standard Checked, Heavy Checked, and Planeside Loaded/Service Item Baggage..." 9. Inresponse to Paragraph 9, SkyWest admits that its W&B Manual (TemporaryRevision dated 14 FEB 11), Chapter 3, paragraph 3.B.2 states the flight deck crewmember uses the infonnation from the CLR to construct the ACARS load manifest. 10. In response to Paragraph 10, Sky West admits that its W&B Manual, Chapter4, paragraph 8.8, requires the loading agent to write the total number ofstandard checkedbaggage loaded in each cargo bin/pit inthe appropriate "Standard Checked" block onthe CLR. 11. 

### In response to Paragraph11, SkyWest admits that SkyWest's W&B Manual, Chapter4, paragraph 8.10 requires the loading agent to write the total number ofPlaneside Valet/Service Items loaded in each cargo bin/pit in the appropriate "Planeside Valet/Service Items" block onthe CLR.

312. In response to Paragraph 12, SkyWest admits.that its W&B Manual, Chapter4, paragraph 11 - Aircraft Loading, contains the warning: 

# & WARN!ING- INACCURATE UJADING,

## ~EPOfUING, OF! FAILURE TO REPORT iNFORMATION CQULn CAUSE ISoSUES WITH AJRC:RAFT PERFORMANCE AND HANDLING, RESUU!ING IN THE ENDANGERMENT OF HUMAN LIFE. 

### III. 13. Inresponse to Paragraph 13, SkyWest admits that on April 7, 2011, at Chicago O'Hare International Airport (ORD), Chicago, Illinois, SkyWest loadedpassengers and baggage onto N755SK, to be operated as Flight 6756 bound for City ofColorado Springs Municipal Airport (COS), Colorado Springs, Colorado. 14. In response to Paragraph 14, SkyWest is without sufficient information orknowledge from which to fonn a beliefas to the tmthofthe allegation that SkyWest'spersonnel at ORD loaded 33 standard checked bags and 2 heavy checkedbags onto N755SK, and therefore denies the same. 15. In response to Paragraph 15, SkyWest admits the CLR for Flight 6756listed 30 standard checked bags and 0 heavy checkedbags onboardN755SK. 16. In response to Paragraph 16, SkyWest is without sufficient information orknowledge from which to fonn a beliefas to the tmth ofthe allegation that the inaccurate data onthe CLR was used to constmct the ACARS load manifest for Flight 6756, and therefore denies the same. 417. In response to Paragraph 17, SkyWest admits it operated N755SK as Flight 6756 to COS. IV. 18. In response to Paragraph 18, SkyWest admits it has paid penalties on eight previous cases involving loading ofcargo contrary to approved procedures. 

## v. SkyWest generally denies all remaining allegations set forth in the Complaint. AFFIRMATIVE DEFENSES 1. The proposedpenaltyis excessive and violates FAA orders. 2. SkyWest mayhave other affirmative defenses not currentlylmownbutwhich may become lmown through discovery. SkyWest reserves the right to allege such affirmative defenses as they become known. DATED this 13th day ofSeptember, 2012.

Todd C. Emerson Attorney for SkyWestAirlines



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### CERTIFICATE OF SERVICE The undersigned hereby certifies that onthis 13 111 day ofSeptember, 2012, a true and coiTect 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 {FederalExpress} JeffreyM. Harper Federal Aviation Administration Northwest Mountain Region, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 {Facsimile andFederalExpress}

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