In The Matter Of: 

JETBLUE AIRWAYS 

CORPORATION 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

I ED 

FEB 0 2 2015 

HEARING DOCKET 

Docket No. FAA-2014-0813 

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Case No. 2012EA150022 

Respondent 

ANSWER AND 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 of the Complaint and states that 

the FAA's Final Notice of Proposed Civil Penalty, dated September 30, 2014, was served almost 

three years after the alleged violations of 49 U.S.C. § 4630l(a)(l). 

AS AND TO SECTION II 

1. J etBlue admits the allegations contained in Paragraph I of Section II of the Complaint. 

2. JetBlue denies the allegations contained in Paragraph 2 of Section II of the Complaint, 

including Subparagraphs (i) through (x), inclusive. 

3. JetBlue denies the allegations contained in Paragraph 3 of Section II of the Complaint, 

including the cross-references to Subparagraphs 2(i) through (x) above. 
4. J etBlue denies the allegations contained in Paragraph 4 of Section II of the Complaint, 

including the cross-references to Subparagraphs 2(i) through (x) above. 

5. JetBlue denies the allegations contained in Paragraph 3 of Section II of the Complaint. 

6. JetBlue denies the allegations contained in Paragraph II-5 of the Complaint. 

AS AND TO SECTION III 

JetBlue denies any violation of the Federal Aviation Regulations ("F ARs"), including, 

but not limited to, the sections of the FARs referenced in Section III of the Complaint, and states 

as follows: 

1. JetBlue denies the allegations contained in Paragraph 1 of Section III of the 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 of trial. 

2. JetBlue denies the allegations contained in Paragraph 2 of Section III of the Complaint. 

JetBlue further states that Section 121.585(b)(l) speaks for itself, and respectfully refers all 

questions oflaw to the Court at the time of trial. 

AS AND TO SECTION IV 

1. JetBlue denies the allegations contained in Paragraph 1 of Section N of the Complaint. 

JetBlue further states that 49 U.S.C. § 46301(a)(l) speaks for itself, and respectfully refers all 

questions oflaw to the Court at the time of trial. 

2. JetBlue denies the allegations contained in Paragraph 2 of Section N of the Complaint. 

JetBlue further states that 49 U.S.C. § 46301(a)(l) speaks for itself, and respectfully refers all 

questions oflaw to the Court at the time of trial. 

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AS AND TO THE PRAYER FOR RELIEF 

JetBlue denies the allegations contained in the "Wherefore" Paragraph. 

AFFIRMATIVE DEFENSES 

AS AND FOR A FIRST DEFENSE 

The Complaint is barred by the 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), and FAA Order 2150.3B (Chpts. 2 and 4). 

AS AND FOR A THIRD DEFENSE 

The FAA's claims are barred by the doctrine of laches. 

AS AND FOR A FOURTH DEFENSE 

The Complaint fails to state a cause of action against J etBlue for which relief can be 

granted. 

AS AND FOR A FIFTH DEFENSE 

The FAA lacks a substantial basis in law 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 FOR A 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, and regulations of the United States, including, but 

not limited to, 14 C.F.R. § 121.585(b), 14 C.F.R. § 121.585(d), and 49 U.S.C. § 46301. 

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AS AND FOR A 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 FOR AN EIGHTH 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 FOR A NINTH DEFENSE 

The proposed civil penalty is unreasonable and excessive considering the nature and 

circumstances of the alleged violations and fails to take into account the absence of any prior 

violations by J etBlue. 

ADDITIONAL DEFENSES 

JetBlue respectfully requests leave to assert additional defenses which it deems necessary 

to its defense of the Complaint during or upon conclusion of its investigation and discovery. 

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WHEREFORE having fully answered the allegations set forth in the 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 

incurred in connection with this action; and (c) granting such other and further relief as the Court 

may deem just and proper. 

Respectfully submitted, 

By: S~_._ \?.~<L.L Steven Raffaele 

HOLLAND & KNIGHT LLP 

31 West 52nd Street 

New York, New York 10019 

Tel.: (212) 513-3200 

Fax: (212) 385-9010 

Email: Steven.Raffaele@hklaw.com 

Attorneys for Respondent 

JetBlue Airways Corporation 

Dated: January 30,2015 

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CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the 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 Aviation Administration 

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 

Wilbur Wright Building- Suite 2W1000 

IF FILING BY FEDERAL EXPRESS: 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building- Suite 2Wl 000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Mari B. Catillaz 

HOLLAND & KNIGHT LLP 

31 West 52"d Street 

New York, New York 10019 

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