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In The Matter Of: 

## SERVED: APRIL 5, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC .... l.'
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r ? L**c~** i' ) ) ) ) ) Docket No. FAA-2015-4262 UNITED PARCEL SERVICE, INC. CaseNo. 2012S0700099 Respondent
ORDER GRANTING THE RESPONDENT'S MOTION FOR EXTENSION OF TIME AND DIRECTING/RESERVING OTHERRELIEF OnMarch 16,2016the FAAfiled its Complaint (dated March 9, 2016), with the Office ofHearings; On March 30, 2016, this proceeding was assigned tothe Wldersigned Judge. On April4, 2016, the Respondent, United Parcel Service Company, 1filed an Unopposed Motion for Extension ofTime. On April 4, 2016, the Respondent filed a Motion to Consolidate Proceedings and Request for Alternative Hearing Venue ("Motion to Consolidate"). BriefDiscussion 1) The Respondent's Motionfor Extension ofTime The Respondent's Apri14, 2016 Unopposed Motion for Extension ofTime requests an extension oftime to file an answer ormotion in response tothe FAA's March 16, 2016 Complaint. The Respondent asserts that two other pending civil penalty actions; specifically cases identified as FAA-2016-4261 and FAA-2015-3320, are relevant to this action. On March

1The FAA Hearing Docket has identified this action under the name ofUnited Parcel Service, Inc., likely because that is how it was referenced by the FAA attorney in its February 29,2016 Letter to the Hearing Docket. However, the underlying Complaint identifies the Respondent as United Parcel Service Company. This inconsistency will need to be addressed and clarified by the parties and the Court.

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11, 2016, FAA-2016-4261 was assigned to the undersigned Judge. Shortly thereafter, on March 30, 2016, FAA-2015-3320 was assigned to the undersigned. Pursuant to the Respondent's April4, 2016 Motion to Consolidate, the Respondent asserts that consolidation ofthe three actions for litigation would be in the interests of judicial economy and ofboththe parties. As part ofthe April4, ·2016 Unopposed Motion for Extension the Respondent asserts that its Answerto the Complaint inthis ca5e should be delayed until such time as the Respondent's Motion to Consolidate on all three actions is ruled upon. The Respondent also avers that the FAA counsel has stated that it has no opposition to "the requested extension oftime" in each ofthe three separate·cases." (Unopposed Mot. 2.) 2) Correct Jurisdictional Caption In its filings, the Respondent has identified The Office ofHearings in itsjurisdictional caption as an office within the Federal Aviation Administration ("FAA"). This is incorrect. The Office ofHearings is an independent adjudicative office, located within the U.S. DOT's Office ofthe Secretary, inWashington, DC. Neitherthis Court or any member ofits staffare employees ofthe FAA. Pursuant to 14 C.P.R.§ 13.16(h)-(i), and the FAA's Rules ofPractice,2 when the Respondent requests a hearing in an FAA civil penaltyproceeding, the case is referred bythe FAA to the Office ofHearings for independent adjudication. The FAA Administratorhas explained that providing this independent adjudication promotes the FAA's well-established public goal offair and impartial decision-making: [U]nder the rules ofpractice, the adjudication function is performed initially by administrative lawjudges employed by the Office ofthe Secretary ofthe
. Department ofTransportation
....Underthe n1le's separation requirements
... [thejudges are not] subject tothe control or supervision ofany [FAA] prosecutor. 55 Fed. Reg. 27548,27551 (Jul. 3, 1990) (Discussion ofFinal Rule).

2 The Rules ofPractice for this proceeding are setforth in 14 C.F.R. Part 13, Subpart G.. 

### ,....,.
Thus, the wqrds "Federal Aviation Administration" should not be used to identify the Court inthe caption. 3 While there is no doubt that the FAA is an agency withinthe U.S. Department ofTransportation, it shouldbe clearly understood that the FAA is a partytci these proceedings, and thatjurisdiction for this case has been assigned to the Office ofHearings, which is completely separate and independent from the FAA. 

### B. .Conclusion Pursuant to 14 C.P.R. 13.205(a)(6), and after reviewing all relevant caselaw, regulations, statutory authority, and being fully advised;


### IT IS HEREBY ORDERED: 1. The Respondent's Motion for Extension ofTime is granted. The Respondent's answer or motion inresponse to the March 9, 2016 Complaint shall be due twenty (20) days after a· ruling is issued onthe Respondent's Motion to Consolidate_. 2. The Respondent's Motion to**Con~olidate** is reserved. 3. 

### On or beforeAprill8, 2016, the FAA shall file a Response to the Respondent's Motion to Consolidate. This Response should also address the venue issue. 4. Bothparties shall properly identify the Court inthejurisdictional caption ofall future filings in this case. The correct caption is identified onpage one (1) ofthis Order.

Attachment: Service List

3 The Respondent herein is notthe first to make thisjurisdiction caption error. See, e.g., JetLogistics, Inc., FAA2013-0290, (Order Granting Protective Reliefand Directing Procedural Compliance, May 29, 2014); Endless Mountains Air, Inc., FAA-2013-0848, at 2 (OrderSetting Motion Deadlines, Mar. 18, 2014); and Compass Systems & Sales, Inc., FAA-2015-2440 (Order Clarifying CourtJurisdiction and Directing Procedural Compliance in Future Filings, Feb. 18, 2016).

### DocketNo. FAA-2016-4262 (Civil Penalty Action) 

### SERVICE LIST- BY U.S. MAIL ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S;W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W10001



### Ms. Andrea Michelle Harper Complainant's Counsel 

### Federal Aviation Administration Enforcement Division, Southern Team 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 

### Mr. Paul Alp Respondent's Counsel 

### CROWELL & 

### MORING LLP 1001 PennsylvaniaAvenue, N.W. Washington, DC 20004 TEL: 202-624-2500 FAX: 202-628-5116 Judge J.E. Sullivan U.S. AdministrativeLawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 

### ONE COPY 

### Mr. Winston E. Miller Respondent's Counsel 

### Frost, Brown, Todd, LLC 400 Market Street, 32nd Floor Louisville, KY 40202-3363 TEL: 502-589-0296 FAX: 502-581-1087

Ms. Meaghan G. Byrd Respondent's Counsel 

### Alston & 

### Byrd LLP One Atlantic Center 1201 W. Peachtree Street Atlanta, GA 30309-3424 TEL: 404-881-7245 FAX: 404-253-8510

1 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.