& 

U.S. Department 

of Transportation 

Federal Aviation 

AdministrotJon 

QCr 1 3 2010 

CERTIFIED MAIL 

Southwest Region 

Arkansas, Louisiana, 

New Mexico, Ol<iahoma 

Texas 

RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

Southwest Region 

Office of Regional Counsel, ASW-7 

2601 Meacham Blvd 

FortWorth.TX 76137 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

In the Matter of: Continental Airlines Inc. 

Docket No. CP i 

Case No. 2009SW270126 |aPj5S\)0Dt)13 (fp^Pl ^.O/O^O'^&D 

Dear Sir or Madam: r«o 

Enclosed are the original and one copy of the complaint in the above-referenced 

proceeding. 

The Complainant requests that the hearing in this matter be held in the Houston, Texas 

area, and expects that the hearing will last one day. 

Please serve me with all documents in this matter. 

Sincerely, 

LYNETTE WORD 

Regional Counsel 

,^>-iH—t 

CO 

Tim Duff 

Attorney 

Enclosed: Complaint 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

CONTINENTAL AIRLINES INC 

FAA Case No. 2009SW270126 

FAA Docket CP 

Judge Not Assigned 

COMPLAINT 

The Complainant files its complaint, under Rule 208 of the Rules of Practice in FAA Civil 

Penalty Actions, 14 CFR §13.208, and states the following: 

I. 

Respondent Continental Airlines Inc.. (hereinafter "CAL") was advised through a Notice 

of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 

$6,000. On October 5, 2010, Respondent CAL submitted a written request for a hearing. 

1. Continental Airlines Inc. (CAL) holds Air Carrier Operating Certificate CALA014A 

authorizing it to engage in scheduled air transportation under Part 121 of the Federal Aviation 

Regulations. 

2. CAL holds Operations Specifications issued by the Federal Aviation Administration that 

define certain parameters of CAL's operations. 

3. Operations Specification Paragraph B055 requires CAL to annually validate the accuracy 

and completeness of its recovery and diversion data base. 

4. As of February 18, 2009, CAL did not have a current annual validation of its recovery 

plan and diversion data tjase and had not done a validation since 2007. 

5. CAL has operated multiple flights under Part 121 of the Federal Aviation Regulations 

during the time period in which it had not performed an annual a validation of its recovery plan and 

diversion data base. 

By reason of the foregoing, CAL violated Section 119.5(1) of the Federal Aviation Regulations in 

that it operated an aircraft under Part 121 of the Federal Aviation Regulations in violation of an 

air carrier operating certificate, operating certificate, or appropriate operations specifications 

issued under this Part 119 of the Federal Aviation Regulations. 
1. Under 49 U.S.C. §46301, respondent is subject to a civil penalty for each of the 

violations of the regulations cited. The maximum penalty per violation is $25,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of $6,000 is 

appropriate. 

Complainant respectfully requests that the administrative law judge enter an order that 

respondent be assessed a civil penalty in the amount of $6,000. 

Submitted this ]> ^ day of0^^oi> ^ g^'^ ^ 

LYNETTE WORD 

Regional Counsel 

Southwest Region 

Tim Duff 

Attorney 

Federal Aviation Administration 

817-222-5099 

817-222-5092 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been mailed this date by 

Certified Mail, Return Receipt Requested, to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2W1000 

President 

Continental Airlines Inc. 

HQSEO 

P.O. Box 4607 

Houston, Texas 77210-4607 

Thomas Boiling 

Legal Department HQSLG 

1600 Smith Street 

Houston, Texas 77002 

Aileen Casillas Ayala, Program Analyst 

Federal Aviation Administration 

Southwest Region 

Office of Regional Counsel 

2601 Meacham Blvd 

FortWorth.TX 76137 

Date :/&'-/ 3 / ^ O 
1. Under 49 U.S.C. §46301, respondent is subject to a civil penalty for each of the 

violations of the regulations cited. The maximum penalty per violation is $25,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of $6,000 is 

appropriate. 

Complainant respectfully requests that the administrative law judge enter an order that 

respondent be assessed a civil penalty in the amount of $6,000. 

Submitted this <» ^ day of/^^^o^ ^ Z^'' ^ 

LYNETTE WORD 

Regional Counsel 

Southwest Region 

Tim Duff 

Attorney 

Federal Aviation Administration 

817-222-5099 

817-222-5092 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been mailed this date by 

Certified Mail, Return Receipt Requested, to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2W1000 

President 

Continental Airiines Inc. 

HQSEO 

P.O. Box 4607 

Houston, Texas 77210-4607 

Thomas Boiling 

Legal Department HQSLG 

1600 Smith Street 

Houston, Texas 77002 

Aileen Casillas Ayala, Program Analyst 

Federal Aviation Administration 

Southwest Region 

Office of Regional Counsel 

2601 Meacham Blvd 

Fort Worth, TX 76137 

Date /^-/ 3 —/<^