J^f rV\RTMFNT OF 

M JUL 2 b A ^1^ 1 

ToddC. Emerson. #S175 

444SoLilh River Ro;id 

St. George. Ul;ili.S479() 

Telephone: (4.1.5) 6.U-3-i30 

Fiicsiniile: (43.5) 634-:vS()5 

UNITED STA IKS OF AMKRICA 

DKFARTMENT OF IRANSPORTAHON 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In Ihc Matter of: 

SkyVVesl Airlines. Inc. 

FAADOCKhTCP: Unassigned ' ^ 

FAA Ca.se No. 201INM06()0I I 

Judge; Una.ssigned 

JUDGE NOT ASSIGNED: 

ANSWER AND AFFIRMATIVE DEFENSES 

SkyVVest Airlines, Inc. {"SkyWesl"), hy its coun.sel. heieby tiles its Answer, pursuant to 

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

.SkyWest admits that it was advised through a Final Notice of Proposed Civil Penalty thai 

the FAA proposed to assess a civil penally in the amount of S99.()00, and on May 3 I. 201 1 

.SkyVVest suhmitied a wriileii rei|iiesl fur a hearing. 
1. In response to Paragraph I. SkyWest admits thai it is now ;ind was at all limes material 

lierelo. ilie lioltler of Sclieduled Air Carrier Certificate No. SWIAOI \.\. and condiiels its 

vipevalioiis pursviaiu lo Part 121 of iho Federal Aviation RegviUuiv>ns (FAR). 

2. In response to Paragraph 2. SkyWest admits that Paragraph D0S5 t)f SkyWest's Operations 

Specifications (Op Specs) authorizes SkyWest to use N4I0SW, a Bombardier CL-600-

2B19 civil aircraft, in the conduct of SkyWest"s Pan 121 operations. 

3. In response to Paragraph 3. SkyWest admits that Paragraph D()S5 of SkyWesi's OpSpees 

authorizes SkyWest to use N9S4CA. a Bombardier CL-6()0-2B 19 civil aircraft, in the 

conduct of SkyWest's Part 121 operations. 

4. In response to Paragraph 4. SkyWest admits thai Paragraph D085 of SkyWest's OpSpecs 

authorizes SkyWest to use N41ISW. a Bombardier CL-600-2B19 civil aircraft, in Ihe 

conduct of SkyWest's Part 121 operations. 

5. In response to Paragraph 5, SkyWest admits that Paragraph A098 of SkyWest's OpSpecs 

retjuire that aircraft loading for Bombardier CL-600-2B19 aircraft be accomplished in 

accordance with SkyWest's Weight t.^ Balance Operations Manual. SP41()0. Part XII. 

revision Grig of 1 APR 10(W&B Manual). 

6. hi response to Paragraph 6. SkyWest admits that SkyWest's Wc^B Manual contains the 

loading >cheduies and instructions lor SkyWest's Bombardier CL-W)0-2B 19 aircraft. 
7. In response to Paragraph 7. SkyWest admits that SkyWest's WfSiB Manual, Chapter 2, 

paragraj)!! 5S defines "Standard Checked Bags" as any bag weighing 50 poimds or less. 

S. In response to Paragraph K. SkyWest's W&B Manual. Chapter 2, paragraph 50 defines 

"Planeside Valet" as equivalent to a Plaiieside Loaded Bag or Service Item. 

9. In response to Paragraph 9, SkyWest admits that SkyWest's Wc^B Manual, Chapter 2. 

paragraph 49 defines "Plaueside Loaded Bag" as any bag or item that is placed at the door 

or steps of an aircraft or in Ihe passenger loading bridge and subsequently placed in the 

aircraft cargo bin/pit. 

10. In response to Paragraph 10, SkyWest admits thai SkyWest's W&B Maiuial. Chapter 2, 

paragraph 2. A.24 defines "Heavy Cheeked Bags" as any bag weighing more than 50 

pounds, but less than 100 pounds. 

11. In response to Paragraph 11, SkyWest admits that SkyWest's W&B Manual. Chapter 3, 

paragraph 2. D. 1 requires the loading agent to mark the number of standard and heavy bags 

on the Cargo Load Report (CLR). 

12. In response to Paragraph 12, SkyWest admits that SkyWest's W&B Manual, Chapter 3. 

paragraph 2.1.2 requires the loading agent to verify ihe piece count t)f all Standard 

Cheeked. Heavy Checkeil. and planeside Loaded/Service Item Baggage upon completion 

of loadiriiz. 
13. In response to Paragraph 13, SkyWest admits that SkyWest's WttB Manual. Chapter 4, 

paragraph ii.H recinircs the loading agent tt) write the total number of Standard Checkeil 

Baggage loaded m each cargo bin on the CLR in the "Standard Checked" block. 

14. In response to Paragraph 14. SkyWest admits that SkyWest's WAB Manual. Chapter 4. 

paragraph 8.9 requires the loading agent to write the total number of Heavy Checked 

Baggage loaded in each cargo bin on the CLR in the "Heavy Checked" block. 

15. In response to Paragraph 15. SkyWest admits that SkyWest's W&B Manual. Chapter 4. 

paragraph S.IO requires the loading agent to write the total nuniber of planeside valet 

baggage loaded in each cargo bin on the CLR in ihe "Planeside Valet/Service Items" block. 

16. In response to Paragraph 16, SkyWest admits that SkyWest's W&B Manual, Chapter 4, 

paragraph 11 - Aircraft Loading, contains the warning: 

A VVARNINij - INACCaRATE LOADING. .REPORTING. OR 

F.i^lLURE TO REP'IiRT INFORMATION COULD CAUSE ISSUES 

WITH AIRCRAFT PERFORMANCE AND HANDLING. RESULTING 

IN THE ENDANG£RMENT OF HUM.AN LIFE. 

III. 

17. In resjionse to Paragraph 17. SkyWest admits that on November 22. 2010, at Billings 

Logan International Airport (BIL). Billings. Montana. SkyWest loaded passengers and 

baggage onto N4I0SW. to be operated as Flight 4659 bound for Salt Lake Cily 

International Airport (SLC), Salt Lake City. Utah. 

^ 
IS. In resjionse to Paragiai)h IS, SkyWest is wiihout sufficient information or knowledge from 

wliich to form a belief as to the truth of the allegation that SkyWest's personnel at BIL 

loaded M^ Standard Checked Bags, and two Heavy Checkeil Bags marked with a Heavy 

Bag Tag. onto N410SW and therefore denies the same. 

19. In response to Paragraph 19. SkyVVest admits that the CLR for Flight 4659 listed "40 

Standard Checked Bags" and "{) Heavy Checked Bags on board N410SW" 

20. In response to Paragraph 20. SkyWest admits that they operated N41()SW as Flight 4659 to 

SLC. 

IV. 

21. In response to Paragraph 21. SkyWest admits that on December 14, 2010. at Los Angeles 

International Airport (LAX), Los Angeles. California. SkyWest loaded passengers and 

baggage onto iN984CA, to be operated as Flight 6692 bound for San Diego International 

Airport (SAN). San Diego. California. 

22. In response to Paragraph 22. SkyWest is without sufficient information or knowledge from 

which to form a belief as lo the truth of the allegation that SkyWest's personnel at LAX 

loaded 19 Standard Cheeked Bags, and one Heavy Checked Bag marked with a Heavy Bag 

Tag. onto N984CA. 

23. In response to Parai^raph 23, SkyWest admits that the CLR for Flight 6692 listed "20 

Staiidartl Bags" and "5 Heavy Bags" on board. 
I 

24. hi response \o Paragraph 24, SkyWest admits that it operated N984CA as Flight 6692 to 

i 

SAN. : 

I 

15. In response lo Paragraph 25, SkyWest admits that on December 15. 2010. at LAX, 

SkyWest loadeil passengers and baggage onto N41 ISW. to be operated as Flight 4800 

bound for SAN. i 

I 

26. In response to Paragraph 26, SkyWest is without sufficient information or knowledge from 

which to form a belief as to the truth of the allegation that SkyWest's personnel at LAX 

loaded 43 Standard Checked Bags, for Heavy Checked Bags marked with a Heavy Bag 

Tag. and 12 planeside valet bags onto N41 ISW and therefore denies the same. 

27. In response to Paragraph 27. SkyWest admits that the CLR for Flight 4800 listeil "59 

j 

Standard Checked Bags". "0 Heavy Checked Bags", and "0" planeside valet bags on 

board". 

28. In response lo Paragraph 28, SkyWest admits that they operated N4I ISW as Flight 4800 lo 

SAN. 

VI 
SkyWest generally denies ail remaining allegations set forth in the Complaint. 

AlFrRMAIIVK DKFKNSKS 

1. The proposed penally is excessive and violates FA\A policy. 

2. SkyWest may have other alTirmative ilefenses not cunently known but which may 

become known through discovery. SkyWesl reserves ihe right lo allege such 

affiiinalive defenses as ihcy become known. 

r<h DATED this 15'Mayof July, 2011, 

\9M i ^ 

Todd C Emerson 

Afionic'v for SkyWesl Airlines 
CKRTIHC.VrE OK SKRVICK 

Ihe undersigned hereby certifies that on this 15' tlay of July, 201 I, a true and correct 

copy of die foregoing ANSWKR AND AFFIRMATIVE DFFFNSFS was served as folh)ws: 

Federal .Aviation Administration 

SOO Indu'peiKlenee Avenue SW 

Washington. DC 20591 

Attn: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building-Suite 2W1000 

(Federal lixpressj 

Jeffrey M. Haiper 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washiuiiion 98057 

(hiiesimile (uul FeJenil Fxpress}