BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS ! 

WASHINGTON, D.C. 

' • ' ( ' 

IN THE MATTER OF 

CONTINENTAL AIRLINES, INC. 

ANSWER OF 

CONTINENTAL AIRLINES, INC. 

FAA Docket No. CP10SW0013 

FAA Case No. 2009SW270126 

DMS No. FAA-20100980 

Judge Richard C. Goodv^in 

— CO 

Pursuant to Rule 209 of the Rules of Practice in FAA Civil Penalty A?!iions 

(14 C.F.R. Part 13, Subpart G), Continental Airlines, Inc. ("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 certified mail on October 13, 2010, and states as followsAdmissions and Denials 

1. The procedural history recited in Compleiint section identified as I is 

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. 
Answer of Continental Airhnes, Inc. 

Page 2 

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

FAA's characterization of Operations Specification Paragraph B055, which speaks 

for itself and is the best evidence of its contents. 

5. Continental is without sufficient information to admit or deny the 

allegations of Complaint paragraph identified as II 4 and intends to conduct 

discovery in this matter in accordance with the Rules of Practice in FAA CivU 

Penalty Actions and the Procedural Order. 

6. Continental is without sufficient information to admit or deny the 

allegations of Complaint paragraph identified as II 5 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. 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 regulation(s) cited in the Complaint, pending discovery 

in this matter, or is otherwise 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. 
Answer of Continental Airhnes, Inc. 

Page s 

2. For its second affirmative defense. Continental asserts that the proposed 

civil penalty is excessive, not appropriate and unwarranted under the 

circumstances presented. 

Relief Requested 

Continental respectfully requests that the Complaint be dismissed with 

I 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 be called to testify. 

Duration of Hearing 

Continental expects at this time that the hearing will last one day, but may 

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

be presented. 

Respectfully submitted, 

CONTINENTAL AIRLINES, INC / 

Thomas Newton Bolhng 

Managing Attorney, Regulato 

November 16, 2010 
Answer of Continental Airhnes, Inc. 

Page 4 

CERTIFICATE OF SERVICE 

I certify that on this 16* day of November 2010,1 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 (one copy), return receipt requested, to: 

Tim Duff, Complainant's Counsel 

Attorney, Office of Regional Counsel, ASW-7 

Southwest Region 

Federal Aviation Administration 

2601 Meacham Boulevard 

Fort Worth, TX 76193-0007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building, Ground Floor, Room E12-320 

Washington, DC 20590 

Juditlf A. Dabney