BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

CONTINENTAL AIRLINES, INC. 

\-n 

—fcn oo FAA Docket No. CP10S^01&:>g:±i 

O l FAA Case No. 2OO9SW27OO60ii^rn 

DMS No. FAA-2010-1075^ i?^ ^ 

Judge Richard C. Good\«!ih Q^^ ^ 

OD 

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 AirHnes, 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 21, 2010, 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 quote from an 

aircraft maintenance log, which speaks for itself and is the best evidence of its 
Answer of Continental Airlines, Inc. 

Page 2 

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

deny the remaining allegations of Complaint paragraph identified as II 2 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. 

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

FAA's characterization of the aircraft maintenance log referenced in that 

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

Continental is without svifficient knowledge or information to admit or deny the 

remaining allegations in Complaint paragraph identified as II 3 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. 

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. The allegations in Complaint paragraph identified as II 5 constitute the 

FAA's characterization of, and quote from, a Work Card, which speaks for itself and 

is the best evidence of its contents. 

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 matter in accordance with the Rules of Practice 

in FAA Civil Penalty Actions and the Procedural Order. 
Answer of Continental AirHnes, Inc. 

Page 3 

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 discovery in this matter in accordance with the Rules of Practice 

in FAA Civil Penalty Actions and the Procedural Order. 

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

deny the allegations of Complaint paragraph identified as II 8 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. 

10. The allegations of Complaint paragraph identified as II 9 constitute the 

FAA's characterization of an MEL and MEL deferral, which speak for themselves 

and are the best evidence of their contents. 

11. Continental has insufficient 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 matter in accordance with the Rules of Practice in FAA 

Civil Penalty Actions and the Procedural Order. 

12. The allegations of Complaint paragraph identified as II 11 constitute the 

FAA's characterization of Continental's operations specifications, which speak for 

themselves and are the best evidence of their contents. 

13. The allegations of Complaint paragraph identified as II 12 constitute the 

FAA's characterization of Continental's General Maintenance Manual and CAMP, 

which speak for themselves and are the best evidence of their contents. 
Answer of Continental Airlines, Inc. 

Page 4 

14. The allegations of Complaint paragraph identified as II 13 constitute the 

FAA's characterization of Continental's maintenance program and operations 

specifications, which speak for themselves and are the best evidence of their 

contents. 

15. The allegations of Complaint paragraph identified as II 14 constitute the 

FAA's characterization of Continental's maintenance program and operations 

specifications, which speak for themselves and are the best evidence of their 

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

allegations of Complaint paragraph identified as II 14 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. 

16. The allegations of Complaint paragraph identified as II 15 constitute the 

FAA's characterization of Continental's maintenance program and operations 

specifications, which speak for themselves and are the best evidence of their 

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

allegations of Complaint paragraph identified as II15 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. 

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

allegations of Complaint paragraph identified as II 16 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. 
Answer of Continental Airlines, Inc. 

Page 5 

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

allegations of Complaint paragraph identified as II 17 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. 

19. Continental DENIES that it violated the regulations in paragraphs a.-c. 

following Complaint paragraph identified as II 16, pending discovery in this matter. 

Answering further. Continental states that the regulations cited in those 

paragraphs speak for themselves and are the best evidence of their contents. 

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

regulation(s) cited in paragraph III 1 of the Complaint is $25,000 and, pending 

discovery in this matter. Continental DENIES that it violated the regulation(s) 

cited in the Complaint or is otherwise subject to a civil penalty in this case. 

21. 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. 

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

civil penalty is excessive, not appropriate and unwarranted under the 

circumstances presented. 
Answer of Continental Airlines, Inc. 

Page 6 

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 the corporate headquarters for Respondent and the place fi-om 

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, 

C0NTINEN5^^r:AmijkES, INC 

By: [ y 

Thomas Newton Bolhng 

Managing Attorney, Regulatory Affairs 

November 23, 2010 

DCIWDMS: 13752842.1