### UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC In the Matter of: REGENT AEROSPACE CORPORATION FAA OrderNo. 2015-5 FDMS No. FAA-2013-0851 1



### Served: October 16, 2015 

### ORDER TO DISMISS' On July 27,2015, Administrative LawJudge Richard C. Goodwin served a written initial decision finding thatRespondent Regent Aerospace Corporation violated 14 C.F.R. §§ 145.207(a) and 145.217(b)(iii) and assessing a $3,000 civil penalty for these violations. Under the Rules ofPractice in Civil Penalty Actions, 14 C.F.R. §§ 13.233(a) and 13.211(e),3 

### any notice ofappeal must be filed within 15 days ofthe issuance ofa written initial decision. The ALI explained the requirements for filing a notice ofappeal in footnote 21 ofhis initial decision. A late-filed notice ofappeal is subjectto dismissal unless good cause is shown to excuse the late filing.< Respondent's notice ofcross-appeal should have been filed no later thanAugust 11, 2015, 15 days after the service ofthe ALI's written initial decision. Respondent, however, did not file its notice ofcross-appeal until August 14, 2015, 3 days late. Respondent wrote inits appeal briefthat it filed a "timely" notice ofcross-appeal on August 14, 2015, after Complainant filed its notice ofappeal onAugust 11, 2015. The Rules of

1Materials filed in the FAA Hearing Docket (except for materials in security cases or materials under seal) are also available for viewing at the following Internet address: www.regulations.gov. 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the rules of practice, and other information, are available on the Internet at the following address: www.faa.gov/aboutloffice

_orglheadquarters _offices/age/pol_ adjudication/ AGC400/Civil_Penalty/. See 14 C.F.R. 

### § 13.210(e)(2). In addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw (FTRANFAA database). For additional information, see the Web site.
3 Section 13 .233(a) provides that"[a] party shall file the notice ofappeal not later than I0 days after entry ofan oral initial decision onthe record or service ofthe written initial decision on the parties

...." Section 13 .211(e), the "mailing rule," provides that [ w]henever a party has a right or a duty to act or to make any response within a prescribed period after service by mail, 5 days shall be added to the prescribed period."
4 A late-filed notice ofappeal will only be excused upon a showing ofgood cause. E.g., D&M Custom Injection Molding Corporation, FAA OrderNo. 2013-3 (July 18, 2013).
1

### Practice do notprovide a party with additional time inwhich to file a cross-appeal after the filing ofa notice ofappeal by another party. Respondent has shown no good cause to excuse its late-filing. Accordingly, Respondent's notice ofcross-appeal in this matter is dismissed. 

### MICHAEL P. HUERTA, ADMINISTRATOR Federal Aviation Administration



# ~-~/~~ VICKI



# S~";;~s Manager, Adjudication Branch

5 Issued under authority delegated to the ChiefCounsel and the Assistant ChiefCounsel for Litigation by memorandum dated October 27, 1992, under 49 U.S.C. § 322(b) and 14 C.P.R.§ 13.202 (see 57 Fed. Reg. 58,280 (1992)) and redelegated by the Assistant ChiefCounsel for Litigation to the Manager, Adjudication Branch, by Memorandum dated August 6, 1993. 2