In The Matter Of: JETBLUE AIRWAYS CORPORATION U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC 

# I ED FEB 02 2015 HEARING DOCKET DocketNo. FAA-2014-0813 ) ) ) ) ) ) Case No. 2012EA150022 Respondent

ANSWERAND AFFIRMATIVE DEFENSES OF JETBLUE AIRWAYS CORPORATION Pursuant to 14 C.F.R. §§ 13.208 and 13.209, Respondent JetBlue Airways Corporation ("JetBlue"), by and through its attorneys, Holland & Knight LLP, hereby answers the Complaint filed by the Federal Aviation Administration ("FAA"), which alleges that JetBlue failed to comply with the federal exit-row seating requirements in violation of 49 U.S.C. § 4630l(a)(1), as follows: AS AND TO SECTION I JetBlue admits the allegations contained in Paragraph I ofthe Complaint and states that the FAA's Final Notice ofProposed Civil Penalty, dated September 30, 2014, was served almost three years after the alleged violations of49 U.S.C. § 4630l(a)(l). AS AND TO SECTIONII 1. JetBlue admits the allegations contained inParagraph I ofSection II ofthe Complaint. 2. JetBlue denies the allegations contained in Paragraph 2 of Section II ofthe Complaint, including Subparagraphs (i) through (x), inclusive. 3. JetBlue denies the allegations contained in Paragraph 3 of Section II ofthe Complaint, including the cross-references to Subparagraphs 2(i) through (x) above.

### 4. JetBlue denies the allegations contained in Paragraph 4 of Section II ofthe Complaint, including the cross-references to Subparagraphs 2(i) through (x) above. 5. JetBlue denies the allegations containedinParagraph 3 ofSection II ofthe Complaint. 6. JetBlue denies the allegations contained in Paragraph II-5 ofthe Complaint. AS AND TO SECTION III 

### JetBlue denies any violation of the Federal Aviation Regulations ("FARs"), including, but not limited to, the sections ofthe FARs referenced in Section III ofthe Complaint, and states

as follows: 1. JetBlue denies the allegations contained in Paragraph 1 ofSection III ofthe Complaint, including Subparagraphs (i) through (x), inclusive. JetBlue further states that Section 121.585(b)(l) speaks for itself, and respectfully refers all questions of law to the Court at the time oftrial. 2. JetBlue denies the allegations contained in Paragraph 2 ofSection III ofthe Complaint. JetBlue further states that Section 121.585(b)(l) speaks for itself, and respectfully refers all questions oflawto the Court at the time oftrial. AS AND TO SECTIONIV 

### 1. JetBlue denies the allegations contained in Paragraph 1 ofSection N 

### ofthe Complaint. JetBlue further states that 49 U.S.C. § 46301(a)(l) speaks for itself, and respectfully refers all questions oflawto the Court at the time oftrial. 2. JetBlue denies the allegations contained in Paragraph 2 ofSection N 

### ofthe Complaint. JetBlue further states that 49 U.S.C. § 46301(a)(l) speaks for itself, and respectfully refers all questions oflawto the Court atthe time oftrial.



### 2AS AND TO THE PRAYERFOR RELIEF JetBlue denies the allegations containedinthe "Wherefore" Paragraph. AFFIRMATIVE DEFENSES AS AND FORA FIRST DEFENSE The Complaint is barred bythe applicable notice, statute oflimitations, and/or limitations periods. AS AND FORA SECOND DEFENSE The Complaint should be dismissed as "stale" pursuant to, inter alia, 49 U.S.C. § 46301(7)(C), 14 CFR § 13.208(d), andFAA Order 2150.3B (Chpts. 2 and4). AS AND FORA THIRD DEFENSE The FAA's claims are barredbythe doctrine oflaches. AS AND FORA FOURTH DEFENSE The Complaint fails to state a cause of action against JetBlue for which relief can be granted. AS AND FORA FIFTH DEFENSE The FAA lacks a substantial basis inlaw and fact to prosecute this matter against JetBlue. See, e.g., FAA Order 8900.1, Vol. 7, Chpt. 7, Sect. 1, 7-225. AS AND FORA SIXTH DEFENSE JetBlue is not liable to because, at all times relevant to this matter, JetBlue was in full compliance with all applicable laws, statutes, andregulations ofthe United States, including, but not limitedto, 14 C.F.R. § 121.585(b), 14 C.F.R. § 121.585(d), and49 U.S.C. § 46301.



### 3AS AND FORA SEVENTH DEFENSE The FAA's interpretation and guidance with respect to its regulations, including, but not limited to 14 C.F.R. § 121.585(b) and 14 C.F.R. § 121.585(d), is unconstitutionally vague and ambiguous. AS AND FORANEIGHTH DEFENSE The FAA's application of its regulations, including, but not limited to 14 C.F.R. 

### § 121.585(b) and 14 C.F.R. § 121.585(d), is contrary to reasonable statutory and regulatory interpretation. AS AND FORA NINTH DEFENSE The proposed civil penalty is unreasonable and excessive considering the nature and circumstances ofthe alleged violations and fails to take into account the absence of any prior violations byJetBlue. ADDITIONAL DEFENSES JetBlue respectfullyrequests leave to assert additional defenses which it deems necessary to its defense ofthe Complaint during orupon conclusion ofits investigation and discovery.



### 4WHEREFORE having fully answered the allegations set forth inthe Complaint, JetBlue Airways Corporation respectfully requests that the Court enter judgment (a) dismissing the Complaint; (b) awarding JetBlue Airways Corporation attorneys' fees, costs, and expenses incurredin connection withthis action; and (c) granting such other and further reliefas the Court may deemjustandproper. Respectfully submitted, By:



# S~_._**\?.~<L.L** Steven Raffaele HOLLAND & KNIGHT LLP 31 West 52nd Street NewYork, New York 10019 Tel.: (212) 513-3200 Fax: (212) 385-9010 Email: Steven.Raffaele@hklaw.com Attorneys forRespondent JetBlueAirways Corporation Dated: January 30,2015



### 5CERTIFICATE OF SERVICE I hereby certify that on this day copies ofthe foregoing Answer and Affirmative Defenses of JetB!ue Airways Corporation were placed in the United States mail, postage prepaid, Certified Mail

- Return Receipt Requested addressed as follows: Christian Lewerenz, Esq. Federal AviationAdministration I Aviation Plaza Jamaica, NY 11434 Tel: 718 553-3273 Fax: 718 995-5699 Email: christian.lewerenz@faa.gov Federal Aviation Administration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building- Suite 2W1000 IF FILING BYFEDERAL EXPRESS: Federal AviationAdministration (Original and one copy) 600 Independence Avenue, SW WilburWright Building- Suite 2Wl000 Washington, D.C. 20591 Attn: HearingDocket Clerk, AGC-430

Mari B. Catillaz HOLLAND & KNIGHT LLP 31 West 52"d Street New York, New York 10019



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