e 

U.S. Department 

of Transportation 

Federal Aviation 

Administration -

Southwest Region 

Arkansas, Louisiana, 

New Mexico, Oklatioma 

Texas 

Federal Aviation Administration 

Southwest Region 

Office of Regional Counsel, ASW-7 

2601 Meacham Blvd 

FortWorth,TX 76137 ..... 

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ro 

QCr 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 , I , 

Case No. 2009SW270058 /G^|OSJ0OOI | | ^p ^ StOlO-D^^O 

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 

• i,'. 0=—J 

r-\ '^: ^ 

pic75 

By: 

^ ^ Tim Duff 

Attorney 

Enclosed: Complaint 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

CONTINENTAL AIRLINES INC 

FAA Case No. 2009SW270058 

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 

$212,500 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 December 6, 2008 in Houston, a CAL employee documented the following 

problem with the auto throttle (AyT) system of CAL Civil Aircraft N12322, a Boeing 737, in the 

aircraft maintenance log at page 8023175: "Pilot reports A/T stagger in cruise at 78%. 1 Vi in spread 

#2 ahead." 

3. CAL improperly deferred maintenance on the discrepancy citing the incorrect Boeing 737 

Minimum Equipment List (MEL) 22-04 for authority and documented the following corrective action 

in the maintenance log: "T/S: infit faults show #2 pla or pmc fault. Performed A/T bite. Test passed. 

Due to history placarded A/T inop. Downgraded A/C to CAT II. Annuo. Reads CAT II." 

4. CAL continued to operate the aircraft and again addressed the discrepancy that same 

day in Atlanta. 

5. CAL Work Card D5353902 indicates the following maintenance action was taken in 

Atlanta: "Performed fiJT Bite Test Sys Passed Inflight Faults Shows #2 PMC Faults NDS PMC Test 

Box to T/S PMC Sys NSU ATL Ext CH# 054408." 
6. The corrective action indicated that an additional built in test equipment (Bite) test was 

performed. That test indicated an inflight fault in the #2 power management control. The corrective 

action also stated that a power management control test box was needed to trouble shoot the 

power management control system and that a power management control test box was not 

available in Atlanta, (a non-stock unit) 

7. CAL maintenance assigned the discrepancy an Extension Control Number -054408 (Ext 

CH # 054408) in order to continue to operate Civil Aircraft N7604 under the original MEL deferral. 

8. The original MEL deferral pursuant to MEL 22-04 addressed potential problems with the 

aircraft's auto throttle system. 

9. The maintenance performed in Atlanta revealed that N7604's problem was not in the 

auto throttle system but in its power management control system. 

10. CAL's operations specifications require that CAL aircraft must be maintained according 

to CAL's Continuing Airworthiness Maintenance Program (CAMP.) 

11. Use of the MEL as described herein is a part of CAL's General Maintenance Manual 

and CAMP. CAL's General Maintenance Manual is a part of its CAMP. 

12. Operation of Civil Aircraft N7604 under an incorrect MEL deferral procedure was 

contrary to the provisions of CAL's maintenance program and operations specifications. 

13. On or about December 9,2008, after it was notified by the FAA of the improper 

deferral, CAL properly deferred the discrepancy. 

14. CAL corrected the problem and cleared the MEL deferral that same day when it 

removed and replaced the main engine controller on the #2 engine of the aircraft. 

15. CAL operated Civil Aircraft N7604 on 6 additional flights from December 6,2008 

through December 8, 2008 while it was improperly deferred. 

16. CAL operated Civil Aircraft N7604 on 7 flights while in was in an unainworthy condition 

as a result of its use of the incorrect MEL maintenance deferral procedure. 

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

Regulations: 

a. 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, 

b. Section 119.5(1) 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, and 

c. 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 of the 

regulations is $25,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of $212,500 is 

appropriate. 

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

respondent be assessed a civil penalty in the amount of $212,500. 

Submitted this ;3t ^ day of OC i 2<lj o 

LYNETTE WORD 

Regional Counsel 

Southwest Region 

Bv: ^- / 

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 

SfltH^er^asillas Ayala, Program Analyst 

Federal Aviation Administration 

Southwest Region 

Office of Regional Counsel 

2601 Meacham Blvd 

Fort Worth, TX 76137 

Date: /V ' /^-/ ^