ToddC. Hiiicrson. m\15 

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^^^1 

LiMTEU STATKS OF AMFRICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINC;ION, D.C. 

[n the Matter of: 

SkyVVcsi Airlines. Inc. 

FAA DOCKET CP: Uiiassigncd 

FAA Case No. 201INM060010 

Judi'e; Unassimicd 

JUDGE NOT ASSIGNED: 

ANSWER AND AFFIRMATIVE DEFENSES 

Sky West Airlines. Inc. ("•SkyVVest"), by its counsel, hereby files its Answer, pursuant to 

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

I. 

SkyVVesl 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 $33,000. and that SkyWest submitted 

a written ret]iicst lor a hearing on June 1. 201 1. 
X 

II. 

h) ve>ponsc lo Paragraph 1. SkyWest admits that it is now and at all times material hereto, 

the holder of Scheduled Air Carrier Certificate No. SWIAOI 1 A, and conducts its 

operations per FAR Part 121. 

2. In response to Paragraph 2. SkyWest admits that Paragraph D()85 of SkyWest"s OpSpecs 

authorizes SkyWest to use N702SK. a Bombardier CL-600'2CI0 civil aircraft, in ihe 

ct>ndiict of SkyWest's Part 121 operations. 

3. In response lo Paragraph 3, SkyWest admits thai Paragraph A098 of SkyWcsi's OpSpecs 

requires that aircraft loading for Bombardier CL-600-2C10 aircraft be aceotiiplished in 

accordance with SkyWest's Weight & Balance Operations Manual. SP4I00, Part XII, 

revision Ohg of I APR 10(W&B Manual) 

4. In response to Paragraph 4. SkyWest admits that Sky West's WAB Manual contains the 

loading schedules and instructions for SkyWest's Bombardier CL-6()0-2C 10 aircraft. 

5. In response to Paragraph 5. SkyWest admits that SkyWest's W&B Manual. Chapter 2. 

paragra )h 2.A.24 defines "Heavy Checked Bags'* as any bag weighing more than 50 

pounds, but less than 100 pounds. 

6. In response to Paragraph 6. SkyWest admits thai SkyWest's W^^B Manual. SP4I()0. Part 

XII. Cluipier 3. paragraph 2.D.I ret|uires the loading agent to mark the number of standard 

and heavy bags on ihe Cargo Load Report (CLR). 
7. In response to Paragraph 7. SkyWest admits that SkyWest's WJtB Manual. SP 4100, Part 

XII. Chapter 3. paragraph 2.1.2 retiuires the loading agent to verify the piece count of all 

Standard Cliecked. Heavy Cliecked. and planesidc loaded/Service llem Baggage upon 

completion of loatling. 

8. In response to Paragraph S, SkyWcsi admits that SkyWest's W&B Manual. SP4i00, Part 

XII. 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. 

9. In response lo Paragraph 9. SkyWest admiis thai SkyWest's W&B ManuaL Chapter 4, 

paragraph 1 I - Aircraft Loading, contains the warning; 

A WARNING - INACCURATE LOADING, .=?EPORTiNG. OR 

FAILURE TO REPORT IN.=ORMATION COULD CAUSE ISSUES 

WITH AI.=IC.RAFT PERFORMANCE AND HANDLING, RESULTING 

IN THE ENDANGERMENT OF HUMAN LIFE. 

10. In response to Paragraph 10, SkyWest admits that on November 17. 2010, at Denver 

Internallonal Airport (DEN). Dettver. Colorado. SkyWest loaded passengers and baggage 

onto N702SK. to be operated as Flight 6573 bound for Yampa Valley Airport (HDN). 

Hayden Colorado. 

1 1. In response to Paragraph I L SkyWest admits that SkyWest's personnel at DEN loaded 

three (3) heavy checked bags, marked with a heavy bag tag. onto the aircraft, but did not 

account for two (2) of them on the CLR for Fiiiiht 6573. 
12. In response to Paragraph 12, SkyWest admits that SkyWest thereafter operated N702SK as 

Flii:ht6573 to HDN. 

3. In response to 

which to form 

Paragraph 13. SkyWest is without sulficieni information or knowledge fron\ 

a belief as to the truth of the allegation and tlierefore denies the same. 

HI. 

SkyWest generally denies all remaining ailegatioti.s set forih in the Complaint. 

AFFIRMATIVE DEFENSES 

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

2. SkyWest may have other affirmative defenses not cuirently known but which may 

become known through discovery. SkyWest reserves the right to allege such 

affirmative defenses as they become known. 

DATED this LV''day of July. 2011. 

.V ^ C 

Todd C. Emerson 

Arroniey for SkxWe.sf Airlines 
CERIIFICA IE OF SERVICE 

The iiiidersigned hereby certifies that on this 15'^ tlay of July. 2011. a true and correct 

copy of the foregoing ANSWER AND AFFIRMATIVE DEFENSES was served as follows: 

Federal Aviation Administration 

SOO Intlependencc Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building - Suite 2WI000 

(Feilcni} E.\prv.ss} 

Jefferey M. hlarper 

Federal Aviation Administraiioti 

Noilhwest Moimiain Region. ANM-7 

1601 Lind Avenue S.W. 

Renton. Washington 98057 

/Fiic.siinili' iind FcdcrdI Express}