SERVED SEP 1 0 1990 

U. S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

ROCKY MOUNTAIN AIRWAYS, INC. 

FAA DOCKET CP89NM0483 

(Civil Penalty Action) 

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 

Aviation Administration (FAA) Rules of Practice for FAA Civil 

Penalty Actions (Civil Penalty Rules), 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 

Procedure Act, 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 agency resumed prosecution and disposition 

of pending cases . John J . Carroll, Docket CP89NE0285, FAA Order 

No. 90-21 , dated August 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 

that was 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. 
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2. The status of any pending motions, including the 

effect, if any, of the new rules and intervening decisions 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, directly where 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