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KRARTMENTOF 

BEFORE TH E J'J-'N>>POR]ATION 

• ^'^^ET OPERATIONS 

FEDERAL AVIATION ADMINISTRATION , . , .. 

OFFICE OF HEARINGS 

WASHINGTON, DC. 

IN THE MATTER OF 

CONTINENTAL AIRLINES, INC. 

FAA Docket No. CP10SW0015 

FAA Case No. 2009SW270193 

Judge Not Yot Assigned 

ANSWER OF 

CONTINENTAL AIRLINES, INC. 

Pursuant to Rule 209 of the Rules of Practice in FAA Civi) Penalty Actions 

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

"Respondent'), by the undersigned, files this Answer to the Complaint of the 

Federal Aviation Administration ("FAA") in the above-captioned case that was 

served by U.S. certified mail on October 12, 2010, and states as follows^ 

Admissions and Denials 

1. The procedural history recited in Complaint section identified as 1 i-S 

ADMITTED. 

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

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

i> 
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Answer of Continental Airlines, Inc. 

Page 2 

4. The allegations in Complaint paragraph identified as II 3 constitute the 

FAA's characterization of Continental's operations specifications which speak for 

themselves and are the best evidence of their contents. 

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

deny the allegations in Complaint paragraph identified as II 4. 

6. The first sentence following Complaint paragraph identified as II 4 

constitutes the FAA's characterization of the cited regulations, which spe«lc for 

themselves and are the best evidence of their contents. The second sentence 

following Complaint paragraph identified as II 4 is DENIED. 

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

regulation(s) cited in paragraph III 1 of the Complaint is $25,000, but Continental 

DENIES that it violated the rcgulation(s) cited in the Complaint or is othervirise 

subject to a civil penalty in this case. 

8. 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 is excessive and not appropriate under the circumstances presented. 
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Answer of Continental Airlines, Inc. 

Page 3 

Relief Requested 

Continental respectfully requests that the Complaint be dismissed with 

prejudice. 

Place of Hearing 

Continental requests that the hearing in this matter be held in Houston, 

Texas, which is the corporate headquarters for Respondent and the place from 

which most Continental witnesses will likely bp called to testify. 

Duration of Hearing 

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 

Managing Attorney, Regulatory Affairs 

November 15, 2010 
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Answer of Continental Airlines, Inc. 

Page 4 

CERTIFICATE OF SERVICE 

I certify that on this 15th of November 2010,1 caused a true copy of the 

foregoing Answer to be tierved: 

by U,S, certified mail (original and one copy), return receipt requested, toFederal 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 

2601 Meacham Boulevard 

Fort Worth, TX 76137-4298 

Jucfith A. Dabney