# SERVED SEP 101990

U

.S. DEPARTMENT OF TRANSPORTATIO N OFFICE OF HEARINGS

WASHINGTON, D.C.
ROCKY MOUNTAIN AIRWAYS, INC. FAA DOCKET CP89NM0483 (Civil PenaltyAction)

ORDER OP ADMINISTRATIVE LAW JUDGE
This case has been stayed, by the Judge's order, pursuant to the decision of the U.S. Court of Appeals in Air Transport Assoc. of America v. Department of Transportation, et al., No. 89-1195 (D.C. Cir. April 13, 1990). That decision held that the Federal AviationAdministration (FAA) Rules of Practice for FAA Civil PenaltyActions (Civil PenaltyRules), 14 C.F.R. Part 13, (including Subpart G), promulgated by 53 Federal Register 34646 (Sept. 7, 1988), were invalid, because the FAA failed to comply with notice and comment requirements of the Administrative ProcedureAct, 5

## u.s.c. § 553. Air Transport Association of America v. Department of Transportation, No. 89-1195, slip op. at 2, 3 (D.C. Cir. April 13, 1990). The Court ruled that the FAA could hold pending civil penalty actions in abeyance and resume prosecution upon the promulgation of a scheme for adjudicating administrative civil penalty actions. Id. at 21. Accordingly, the above-captioned proceeding was stayed until further notice. On July 3, 1990, the Federal Aviation Administration (FAA) published final revised regulations in the Federal Register, 55 F.R. 27548 et**~.,which** became effective on August 2, 1990, and upon the extension of the civil penalty assessment authority on August 15, 1990, the agencyresumed prosecution and disposition of pending cases. John J

. Carroll, Docket CP89NE0285, FAA Order No. 90-21, datedAugust 16, 1990, p. 16. (A copy of the revised regulations is attached to the order being sent to respondent's counsel or to the respondent, if prose). Accordingly, the stay thatwas imposed earlier in this case is hereby lifted

. All other orders remain in effect. In order to facilitate resumption of the prosecution of this proceeding, IT IS ORDERED THAT on or before September 28, 1990, the agency attorney shall file a status report which shall include the following information: 1. The procedural posture of the case, including the state of discovery and the readiness for trial.- 2

- 2. The status of any pendingmotions, including the effect, if any, of the new rules and interveningdecisions of the Administrator on such motions

. 3. Additional discovery and other pre-trial steps, if any, needed before trial and the dates counsel proposes with regard to those pre-trial steps, including dates for filing pre-trial motions, stipulations, exhibit lists, and witness lists. 4. A proposed trial date and site, taking into account the location most convenient to the witnesses and the parties. 5. A statement that the foregoing items have been discussed with the Respondent, directlywhere pro**~** or through counsel, and whether Respondent agrees or disagrees with the agency attorney's proposals. If Respondent disagrees, Respondent shall file a response within 21 days of the date of the status report. 6. A statement as to whether settlement discussions have been held with the Respondent subsequent to August 15, 1990, and the status of such discussions. 7. The telephone number of each party. SO ORDERED

.

Dated: September 7, 1990

# ~0 Ronnie A. Yoder Administrative Law J