,* 

•i:^-PARTMEMT OF 

•-lAi-iSPORTATlQN 

•n.'Kq OPERATIONS 

BEFORE THE 

p 

FEDERAL AVIATION ADMINISTRATIOI^ 

ZOi! SfiP \2 A iOM 1 

OFFICE OF HEARINGS 

HEARING DOCKET 

WASHINGTON, D.C. 

SEP - I 2011 

IN THE MATI^ER OF 

CONTINENTAL AIRLINES. INC. 

FAA Docket No. CP 

FA.A Case No.'20].0SW2700GG 

Judge Not Yet Assigned 

ANSWER OF 

CONTINENTAL AIRLINES, INC. 

Pursuant to Rule '209 of the Rules of Practice in FAA Civil Penalty Actions (14 

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

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

Aviation Administration ("FAA") in the above-captioncd case that was served by 

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

Admissions and Denials 

1. The proccdui'a! history recited in Complaint section identified as I is 

ADMrrTED. 

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

3. Continental is without sufficient knowledge or information to admit oideny the allegations in Complaint paragraph identified as II 2 at this time and intends 

to conduct discovery in this matter in accoi'danco with the Rules of Practice in F/VA 

Civil Penalty Actions and the Procedural Order. 
Answer oi Continental 

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 theii' contents. 

5. The allegations in Complaint paragrai)h identified as IT 4 constitute the 

FAA's characterization of Carry-on Baggage Program Manual 999126, which speaks 

for itself and is the best evidence of its contents. 

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 FAA 

Civil Penalty Actions and the Procedural Order. 

7. The allegations in Complaint paragraph identified as II 6 arc DENIED, 

pending discovery in this matter. 

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

regulation cited in paragraph II 6 of the Complaint is $25,000, but Continental 

DENIES that it violated the regulation cited in the Complaint, ponding discovery in 

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

9. Continental DENIES any allegation in the Complaint not specifically 

addressed in this Answer. 

Affirmative Defenses 

1. Foj' its first affirmative defense, Continental asserts that the FAA Jias 

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

Page 3 

2. For its second affirmative defense, Continental asserts that the j)roposed 

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

appropriate under the circumstances presented. 

Relief Requested 

Continental res})ectfully 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 a corporate office for Respondent and the place from which most Continental 

witnesses will likely be called to testify. 

Duration of Hearing 

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

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

presented. 

Respectfully submitted, 

CONTINENTAL AIRLINES. INC. 

By: ^Jli^>y^i-^ T) QA^t^y^ JJcMd^^ "hrJ-A 

Thomas Newton Boiling 

Vice President ik Associate General Counsel 

August 26. 20 n 
.<-. . .- • 

Answer of Continental 

Page 4 

CERTIFICATE OF SERVICE 

I certify that on this 26"^'' day of August 2011, I 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 

2601 Meacham Boulevard 

Fort Worth, TX 76137-4298 

^:J.,.t^ 

son