o 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southwest Region 

Arl<ansas, Louisiana, 

New Mexico, Ol^lahoma 

Texas 

Federal Aviation Administration 

Southwest Region 

Office of Regional Counsel, ASW-7 

2601 Meacham Blvd 

Fort Worth, TX 76137 

:-0 

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OCT 1 3 2010 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

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 ) ( ^ ^ 

Case No. 2009SW270037i^|DSU0OOH | FfSB <^C>|0-O7O/ 

Dear Sir or Madam: 

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 

.—,^— ( 

By: 

Tim Duff MAttorney 

Enclosed: Complaint 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

CONTINENTAL AIRLINES INC 

FAA Case No. 2009SW270037 

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 

$52,500.00. On October 5, 2010, Respondent CAL submitted a written request for a hearing. 

II 

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. On or about November 11, 2008, the flight crew of Civil Aircraft N17619, 

operating as CAL Flight 1674, declared an emergency prior to landing in Charlotte, North 

Carolina because the aircraft did not have a nose gear, down and locked indication. 

3. In response to the problem, the flight crew of Flight 1674 indicated in the aircraft 

maintenance log that after cycling the gear door to land, the aircraft displayed a red rather 

than a green gear indicator light, and that after manual extension they saw three green 

gear indicator lights. 

4. CAL's contract maintenance provider wrote the following in the aircraft 

maintenance log in response to the discrepancy "inspected & checked nose gear prox 

switch on nose gear on limit noted a chunk of grease on nose gear prox switch, cleaned 

switch." 

5. In an entry on the following page of the aircraft maintenance log, CAL contract 

maintenance personnel made the following entry:" verified ngl stowed in ref. with 32-61-41. 
6. The CAL maintenance personnel had received Airframe Maintenance Manual 

AMM 32-61-41 from CAL Maintenance Control with instructions from CAL Maintenance 

Control to use it to trouble shoot the discrepancy. 

7. Airframe Maintenance Manual (AMM) 32-61-41 was not the proper manual to 

use in conducting maintenance to address the discrepancy described above. 

8. The correct manual procedure found in AMM 32-61-00 required that the nose of 

the aircraft be elevated by jacks and that a nose landing gear extension and retraction test 

be performed. 

9. Additionally CAL's General Maintenance Manual 13-85-87 required that a 

Required Item Inspection (Rll) be performed when a pilot reports any irregular landing gear 

operation during retraction or extension. 

10. No Rll inspection was performed prior to the aircraft being again used in 

revenue service. 

11. When Civil Aircraft N17619 departed Charlotte on a revenue flight to Houston, it 

again experienced a red, nose landing gear indicator light. 

12. In Houston, CAL maintenance trouble shot the problem using AMM 32-61-00 

and eventually replaced the Ml215 nose gear lock proximity switch card which corrected 

the problem. 

By reason of the foregoing, CAL violated the following sections of the Federal Aviation 

Regulations: 

a. Section 43.13(a) in that it performed maintenance on an aircraft without using the 

methods, techniques and practices prescribed in the manufacturer's maintenance manual 

or instructions for continued airworthiness; 

b. Section 43.13(b) in that while performing maintenance you did not do the work in 

such a manner and use materials of such a quality the condition of the aircraft was at least 

equal to its original or properly altered condition; 

c. Section 121.369(b) in that while performing, maintenance, preventive 

maintenance or alterations it failed to follow the maintenance program set out in its 

manual; and 

d. Section 121.153(a)(2) in that it as a certificate holder operated an aircraft 

when it was not in an airworthy condition. 
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 for each violation of each regulation is 

$25,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of $52,500.00 is 

appropriate. 

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

respondent be assessed a civil penalty in the amount of $52,500.00. 

Submitted this /3 ^ day of QcT Zol^O, 

LYNETTE WORD 

Regional Counsel 

Southwest Region 

By: ^ / f 

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 

Mieen Casillas Ayala, Program Analyst 

Federal Aviation Administration 

Southwest Region 

Office of Regional Counsel 

2601 Meacham Blvd 

Fort Worth, TX 76137 

Date: //!>- / 3 —/O