e 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southwest Region 

Arkansas, Louisiana, 

New Mexico, Oklahoma 

Texas 

Federal Aviation Administration 

Southwest Region 

Office of Regional Counsel, ASW-7 

2601 Meacham Blvd 

Fort Worth, TX 76137 

en 

V 

t o 

— » 

October 13, 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: Houston Helicopters, Inc. 

Docket No. CP . i 

Case No. 2009SW270202 jCplD5U)0^«9^lff ^ .J^OlCi-O^TM 

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 

CO 

Tim Duff 

Attorney 

Enclosed: Complaint 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

CONTINENTAL AIRLINES INC 

FAA Case No. 2009SW270202 

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 

$37,500.00. 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. On or about May 17, 2009, CAL maintenance personnel removed and replaced the nose 

gear tire wheel assembly on Civil Aircraft N68061, a Boeing 767. 

3. The applicable Boeing maintenance manual procedure for the maintenance described 

above found in Boeing MM 32-45-02 required that a nose gear tire axle washer be installed during 

the procedure. 

4. CAL failed to install the washer during the maintenance procedure. 

5. On or about May 18, 2008, CAL discovered that the axle washer was missing and 

installed it. 

6. CAL operated Civil Aircraft N68061 on 1 flight between May 17, 2009 and May 18,2009. 

7. The Boeing 767 maintenance manual that contains the maintenance procedure for the 

removal and replacement of the nose gear wheel tire assembly also contains the following caution: 

MAKE SURE THAT THE AXLE WASHER IS INSTALLED. IF THE WASHER IS 

NOT INSTALLED, THE WHEEL BEARING CAN FAIL. 
8. In addition, the replacement nose gear tire wheel assembly contains a caution tag wired 

to the inflation valve that alerts the maintenance technician to ensure that the nose landing gear 

axle washer is installed. 

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 ainworthiness; 

b. Section 43.13(b) in that while performing maintenance it 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 property altered condition; and 

c. Section 121.153(a)(2) in that it 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 per violation is $25,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of $37,500.00 is 

appropriate. 

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

respondent be assessed a civil penalty in the amount of $37,500.00. 

Submitted this l^- ^ day of Oc t I6i 0 

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 

^ e n Casillas Ayala, Program Analyst 

Federal Aviation Administration 

Southwest Region 

Office of Regional Counsel 

2601 Meacham Blvd 

Fort Worth, TX 76137 

Date: /0-/5-/<^