':rpARTMEHT01-

V^:iK^tGPERAT!0N5 

m SEP ! 2 A iO-- ^ 

BEFORE THE 

. FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

CEP - 1 2011 

I-;EARING DOCKET 

IN THE MATTER OF 

CONTINENTAL AIRLINES, INC. 

FAA Docket No. CP 

FAA Case No. 2009SVV270097 

Judge Not Yet Assigned 

ANSWER OF 

CONTINENTAL AIRLINES, INC. 

Pursuant to Rule 209 of the Rules of Practice in FAA Civil Penalty Actions (ll 

C.F.R. Part 13, Subpart G), Continental Airlines, Inc. ("Continental" or 

•'Respondent"), by the undersigned, fdes this Answer to the Complaint of the Federal 

Aviation Administration ("F/VA") in the above-captioned case that was served by 

certified mail on July 22, 2011, and states as follows; 

Admissions and Denials 

1. The procedural history recited in Complaint section identified as I is 

ADMIITED. 

2. The allegations in Complaint paragraph identified as II 1 are ADMITTED. 

3. The allegations in Complaint paragraph identified as II 2 are ADMITTED. 

4. Continental is without sufficient knowledge or information to admit or 

deny the allegations in Complaint paragraph identified as II 3 at this time and intends 
Answer of Continental 

Pa ire 2 

to conduct discovery in this matter in accordance with the Rules of Practice in F/VA 

Civil Penalty Actions and the Procedural Order. 

5. Continental is without sufficient knowledge or information to admit or 

deny the allegations in Complaint paragraph identified as 11 4 at this time and intends 

to conduct discovery in this matter in accordance with the Rules of Practice in FAA 

Civil Penalty Actions and the Procedural Order. 

6. Continental is without sufficient knowledge or information to admit or 

deny the allegations in Complaint paragraph identified as II 5 at this time and intends 

to conduct discovery in this matter in accordance with the Rules of Practice in FA.'\ 

Civil Penalty Actions and the Procedural Order. 

7. Continental is without sufficient knowledge or information to admit or 

deny the allegations in Complaint paragraph identified as 11 6 at this time and intends 

to conduct discovery in this matter in accordance with the Rules of Practice in FAA 

Civil Penalty Actions and the Procedural Order. 

I 

8. Continental is without sufficient knowledge or information to admit or 

deny the allegations in Complaint paragraph identified as II 7 at this time and intends 

to conduct discovery in this matter in accordance with the Rules of Practice in FAA 

Civil Penalty Actions and the Procedural Order. 

9. Continental is without sufficient knowledge or information to admit or 

deny the allegations in Complaint paragraph identified as II 8 at this time and intends 

to conduct discovery in this matter in accordance with the Rules of Practice in FAA 

Civil Penalty Actions and the Procedural Order. 
Answer oi' Continental 

Page 3 

10. The allegations in Complaint paragraph identified as II 9 are ADMITTED. 

11. The allegations in Complaint paragr^iph identified as JI 10 are DENIED, 

pending discovery in this matter. 

12. The allegations following Complaint paragraph identified as IT 10, and 

designated as a and b are DENIED, pending discovery in this matter. 

13. Continental ADMITS that the maximum penalty per violation under the 

regulation(s) cited in paragraph II 10 of the Complaint is $25,000, but Continental 

DENIES that it violated the rcgulation(s) cited in the Complaint, pending discovery in 

this matter, or is otherwise subject to a civil penalty in this case. 

14. Continental DENIES any allegation in the Complaint not specifically 

addressed in this Answer. 

Affirmative Defenses 

1. For its first affirmative defense, Continental asserts that the FAA has 

failed to state a claim upon which relief can be based. 

2. For its second affirmative defense. Continental asserts that the proposed 

civil penalty in Complaint paragraph identified as III 2 is excessive and not 

appropriate under the circumstances presented. 

Relief Requested 

Continental respectfully requests that the Complaint be dismissed with 

prejudice. 
Answer of Continental 

Page 4 

Place of Hearing 

Continental requests that the hearing in this matter bo held in Houston, Texas, 

which is a corporate office for Respondent and the place from which most Continental 

witnesses will likely be called to testify. 

Duration of flearint^ 

Continental expects at this time that the hearing will last two days, but may 

take substantially longer depending on the witnesses to testify and the evidence to be 

presented. 

Respectfully submitted, 

CONTINENTAL AIRLINES, INC. 

Thomas Newton Boiling 

Vice President & Associate General Counsel 

August 26, 2011 
Answer of Continental 

Page 5 

CERTIFICATE OF SERVICE 

I certify that on this 20'^'' day of August 2011, 1 caused a true copy of the 

foregoing Answer to be served: 

by U.S. certified mail (original and one copy), return receipt requested, to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

and by U.S. certified mail, return receipt requested, to: 

Tim Duff, Attorney 

Office of Regional Counsel 

Federal Aviation Administration 

Southwest Region 

2G01 Meacham Boulevard 

Fort Worth, TX 76137-4298