BEFORE THE •.:iV\R]MENTOF 

U^'OKLT OPERATIONS RECF \ / 

FEDERAL AVIATION ADMINISTRATION ^ wB—V-^L-S V j 

m\ SEP t2 A 10: 1^ 

OFFICE OF HEARINGS 

WASHINGTON, D.G. 

SEP - 1 2011 

HEARING DOCK^ 

IN THE MATTER OF 

CONTINENTAL AIRLINES, INC. 

FAA Docket No. CP 

FAA Case No. 2010SW270039 

Judge NoL 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 Airlines, Inc. ("Continental" or 

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

Aviation Administration ('•F.AA") in the above-captioned case that was served by 

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

Admissions and Denials 

1. The procedural history recited in Complaint 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 constitute the 

F/VA's characterization of the CAL B737-789 Fleet Illustrated Parts Catalogue, which 

speaks for itself and is the best evidence of its contents. 
Answer of Continental 

Page 2 

4. The allegations in Complaint paragraj^h identified as II 3 constitute the 

FAA's characterization of the CAL Boeing B737-7S9 Airplane Maintenance Manual, 

which speaks for itself and is the best evidence of its contents. 

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

deny the allegations in Complaint paragraph identified as II 4 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. 

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

deny the allegations in Complaint paragraph identified as 11 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. Continental is without sufficient knowledge or information to admit or 

deny the allegations in Complaint paragraph identified as II 6 at this time and intends 

to conduct discovery in this mattei" in accordance with the Rules of Practice in FAA 

Civil Penalty Actions and the Procedural Order. 

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

deny the allegations in Complaint paragraph identified as II 7 at this time and intends 

to conduct discover}' in this matter in accordance with the Rules of Practice in FAA 

Civil Penalty Actions and the Procedural Oi'der. 

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

deny the allegations in Complaint paragraph identified as II 8 at this time and intends 

to conduct discovery in this matter in accoi'dance with the Rules of Practice in FAA 

Civil Penalty Actions and the Procedural Oj'der. 
Answer of Continental 

Pago 3 

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

deny the allegations in.Complaint paragi'aph identified as II 9 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. 

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

deny the allegations in Complaint paragraph identified as II 10 at this time and 

intends to conduct discovery in this riiatter in accordance with the Rules of Practice in 

FAA Civil Penalty Actions and the Procedural Order. 

12. The allegations in Complaint paragraph identified as II 11 are DENIED, 

pending discovery in this matter. 

13. The allegations following Complaint paragraph identified as II 11, and 

designated as a, b, c and d are DENIED, pending discovery in this matter. 

14. Continental ADMITS that the maximum penalty per violation vmder the 

rogulation(s) cited in paragraph II 11 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. 

15. Continental DENIB]S any allegation in the Complaint not specifically 

addressed in this An.swer. 

Affirmative Defenses 

1. For its first affirmative defense, Continental asserts that the FAA has 

failed to estate a claim upon which relief can be ba.sed. 
Answer of Continental 

Page 4 

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

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

appropriate under the circumstances pi'esented. 

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 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, but may 

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

presented. 

Respectfully submitted, 

CONTINENTAL AIRLINES, INC. 

By: ^^^^^^Jhrna^ /liU^JZyu^(rt^ . -VJ^. ' 

Thomas Newton Boiling 

Vice President & Associate General Counsel 

August 20, 2011 
Answer of Continental 

Page 5 

CERTIFICATE OF SERVICE 

I certify that on this 26^'' day of August 2011, I cau.sed a true copy of the 

foregoing Answer to be served: 

by U.S. certified mail (original and one copy), return i-eceipt requested, to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, ACTC-43() 

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 

2t)01 Meaeham Boulevard 

Fort Worth, TX 76137-4298 

^~h-'y%.'-y\.<U^ 

ohnnie Jackso