### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION

# RE·

.

# cEI VED OFFICE OF HEARINGS

WASHINGTON, D.C. 

## JUN 2 62013 

## HEARING DOCKET ******************************************* 

## * Inthe Matter of:

Southwest Airlines Co. 

## * * * FAACaseNo.2010SW290189 

## * * 

## * * * * Docket CP No.

- To Be Assigned FDMS No. FAA 2013-0050 Judge Richard C. Goodwin



### ******************************************* ANSWER TO FIRST AMENDED COMPLAINT

COMES NOW Respondent Southwest Airlines Co. ("Southwest"), through counsel, and answers the First Amended Complaint against it as follows: 

### GENERAL DENIAL Except to the extent specifically and unequivocally admitted herein, all allegations contained in the First Amended Complaint are denied. 

### ANSWER TO PART I Southwest admits the allegations contained in Part I ofthe First Amended Complaint. 

### ANSWER TO PART II 1. 

### Southwest admits the allegations contained in Paragraph I ofPart !I 

### ofthe First Amended Complaint.2. Southwest admits the allegations contained in Paragraph 2 ofPart II ofthe First Amended Complaint. 3. Southwest admits the allegations contained in Paragraph 3 ofPart II ofthe First Amended Complaint. 4. Southwest admits the allegations contained in Paragraph 4 ofPart II ofthe FirstAmended Complaint. 5. Southwest admits the allegations contained in Paragraph 5 ofPart II ofthe FirstAmended Complaint. 6. Southwest admits the allegations contained in Paragraph 6 ofPart II ofthe First Amended Complaint. 7. Southwest admits the allegations contained in Paragraph 7 ofPart II ofthe First Amended Complaint. 8. Southwest admits the allegations contained in Paragraph 8 ofPart II ofthe First Amended Complaint. 9. Inresponse to the allegations contained in Paragraph 9 ofPart II ofthe First Amended Complaint, Southwest admits only that Figure 2, Step 18, Note (x) ofBoeing Service Bulletin (SB) 737-32Al355, Revision 2, March 5, 2008, states as follows: "To get the necessary interference fit, it can be necessary to fabricate oversize bushings. CMM 32-16-31 gives data for fabrication ofoversize bushings." 10. In response to the allegations contained in Paragraph I0 ofPartII ofthe First Amended Complaint, Southwest admits only that CMM 32-16-31, at Page 2, states as follows: "Make oversize bushings per Fig. 1A." 11. Southwest admits the allegations contained in Paragraph II ofPart II ofthe First Amended Complaint. 12. Southwest denies the allegations contained in Paragraph 12 ofPart II ofthe First Amended Complaint. 13. Southwest denies the allegations contained in Paragraph 13 ofPart II ofthe First Amended Complaint. 14. Southwest admits the allegations contained in Paragraph 14 ofPart II ofthe First Amended Complaint. 15. Southwest admits the allegations contained in Paragraph 15 ofPart II ofthe First Amended Complaint.



### 216. Southwest denies the allegations contained in Paragraph 16 ofPart II ofthe FirstAmended Complaint. 17. Southwest denies the allegations contained in Paragraph 17 ofPart II ofthe First Amended Complaint. 18. Southwest denies the allegations contained in Paragraph 18 ofPart II ofthe First Amended Complaint. 19. Southwest denies the allegations contained in Paragraph 19 ofPart II ofthe First Amended Complaint. 20. Southwest denies the allegations contained in Paragraph 20 ofPart II ofthe First Amended Complaint. 21. Southwest denies the allegations contained in Paragraph 21 ofPart II ofthe First Amended Complaint, including all subparts. 

### ANSWER TOP ART III 1. Southwest denies the allegations contained in Paragraph 1 ofPart Ill ofthe First Amended Complaint. 2. Southwest denies the allegations contained in Paragraph 2 ofPart III ofthe First Amended Complaint. WHEREFORE, Respondent Southwest Airlines Co., through counsel, requests thatthe Administrative Law Judge enter an order finding that Respondent Southwest Airlines Co. did not violate any ofthe Federal Aviation Regulations as alleged by the Federal Aviation Administration in this matter, and further requests that the First Amended Complaint be dismissed and that no civil penalty be assessed against it. Respectfully submitted this 25th day ofJune, 2013.

Dane B. Jaques, Esq. McKenna Long & Aldridge LLP 1676 International Drive, Penthouse McLean, VA 22102 Tel: 703-336-8800 Fax: 703-336-8750 djagues@mckennalong.com Counsel for Respondent Southwest Airlines Co. 3

### CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing Answer to First Amended Complaint on the following party's counsel or designated representative, at the address indicated, by UPS overnight delivery: Yolanda Ayala Bernal, ASW-7E2 Federal Aviation Administration Southwest Region 2601 Meacham Blvd., Room 663 Fort Worth, TX 76137 Fax: 817-222-5945 or 5092 I also certify that I have this day served the original and one copy ofthe foregoing Answer to First Amended Complaint onthe following, at the address indicated, by UPS overnight delivery: Hearing Docket Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building- Suite 2W1 000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Fax: 202-493-5142 I also certifythat I have this day served a copy ofthe foregoing Answerto First Amended Complaint onthe following, at the address indicated, by UPS overnight delivery: The Honorable Richard C. Goodwin, Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590

Dated this 25th day ofJune, 2013. Fax: 202-366-7536

s A. 

### Eastwood erma Long & 

### Aldridge LLP 1676 International Drive, Penthouse McLean, VA 22102 Tel: 703-336-8800 Fax: 703-336-8750

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