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U.S. Deportment 

of Iransportatlon 

Federal Aviation 

Admini$tra1ion 

Southwest Region 

Arkansas, Louisiana. 

New Mexico, Oklahoma 

Texas 

OCT 1 2 2010 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

In the Matter of: Continental Airlines Inc. 

Docket No. CP 

Case No. 2009SW270193 

Federal Av/iation Adtniriistration 

Southwest Region 

Office of Regional Counsel, ASW.7 

2601 Meacham Blvd 

Fort Worth, Tx 76137 

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Dear Sir or Madam: 

Enclosed are the original and one copy of the complaint in the above-referenced 

proceeding. 

The Complainant requests that the hearing in this matter be held in the Houston, Texas 

area, and expects that the hearing will last one day. 

Please serve me with all documents in this matter. 

Sincerely, 

LYNETTE WORD 

Regional Counsel 

Tim Duff 

Attorney 

Enclosed: Complaint 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

CONTINENTAL AIRLINES INC 

FAA Case No. 2009$W270193 

FAA Docket CP 

Judge Not Assigned 

COMPLAINT 

The Complainant files ils complaint, under Rule 208 of the Rules of Practice in FAA Civil 

Penalty Actions, 14 CFR §13.208, and states the following: 

I. 

Respondent Continental Airlines Inc., (hereinafter "CAL") was advised through a Notice 

of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 

$6,000. On October 5, 2010, Respondent CAL submitted a written request for a hearing. 

If 

1. Continental Airlines Inc. (CAL) holds Air Carrier Operating Certificate CALA014A 

authorizing it to engage in scheduled air transportation under Part 121 of the Federal Aviation 

Regulations. 

2. On or about May 4, 2009, CAL operated Civil Aircraft N37419, a Boeing 737-900ER, 

an aircraft with a seating capacity of over 100, on Flight 166 from Seattle, Washington to 

Houston, Texas. 

3. CAL's Operations Specifications required a compliment of 4 flight attendants for the 

aircraft operated on the flight described above. 

4. CAL operated the flight with 5 flight attendants until arrival in Houston; however upon 

arrival, 2 of the flight attendants departed the aircraft while a passenger reinained on the aircraft. 

Section 121.391(c) of the Federal Aviation Regulations indicates that the number of flight 

attendants approved under sections (a) and (b) of Section 121.391 is set forth in the certificate 

holder's operations specifications. 

By reason of the foregoing, CAL violated Section 121.39(a)(4) of the Federal Aviation 

Regulations in that while using an aircraft having a seating capacity of over 100 passengers it 

failed to provide the number of flight attendants required in its operations specifications on a 

passenger-carrying airplane being used. 
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III. 

1. Under 49 U.S.C. §46301. respondent is subject to a civil penalty for each of the 

violations of the regulations cited. The maximum penalty per violation is $25,000.00. 

2. Under the facts and circumstances of this case, a civil penalty of $6,000 is 

appropriate. 

Complainant respectfully requests that the administrative law judge enter an order that 

respondent be assessed a civil penalty in the amount of $6,000. 

Submitted this i^^ h day of Oc-h^<*-_ 

LYNETTE WORD 

Regional Counsel 

Southwest Region 

By:: 

Tim ^ Duff 

Attorney 

Federal Aviation Administration 

817-222-5099 

817-222-5092 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been mailed this date by 

Certified Mail, Return Receipt Requested, to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building - Room 2W1000 

President 

Continental Airlines Inc. 

HQSEO 

P.O. Box 4607 

Houston. Texas 77210-4607 

Thomas Boiling 

Legal Department HQSLG 

1600 Smith Street 

Houston, Texas 77002 

Jen Casillas Ayala, Program Analyst 

Federal Aviation Administration 

Southwest Region 

Office of Regional Counsel 

2601 Meacham Blvd 

Fort Worth, TX 76137 

Date: /^-/^-V ^