: 'rPAHTMENT OF 

'i;^NSPORTATION 

SERVED OCTOBER 20, 2010 ^ KET OPERATIONS 

2m CCI ? I A q:3 0 

u s DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

EMPIRE AIRLINES, INC. 

FAA DOCKET No CP09NM0009 

(Civil Penalty Action) 

DMS FAA-2009-0586 

ORDER GRANTING MOTION TO TAKE JUDICIAL NOTICE 

On October 13, 2010, the Federal Aviation Administration 

("Complainant") filed a Motion to Take Judicial Notice ("Motion"). The Motion 

encompasses the Administrator's sanction guidelines for hazardous materials 

violations, published at 64 Fed.Reg. 19443-19450 (April 21, 1999). The 

Motion also asks that Judicial Notice be taken of 63 Fed.Reg. 30411-30412 

(June 4, 1998), a Formal Interpretation of Regulations published by the 

Research and Special Programs Administration ("RSPA"), and of the following 

Hazardous Materials Regulations: 49 C.F.R. §§171.8, 172.101 (Table), 

172.200, 172.300, 172.316, 173.27, and 173.150. Respondent Empire 

Airlines, Inc. has not filed an answer to date. 

The court may take Judicial Notice of a fact which is not subject to 

reasonable dispute in that it is either (1) generally known within the 

territorial jurisdiction of the trial court or (2) capable of accurate and ready 

determination by resort to sources whose accuracy cannot reasonably be 

questioned.' 

Federal Rules of Evidence, Rule 201 (28 U.S.C). 
. J The matters for which Complainant seeks Judicial Notice are federal 

f: • regulations and published guidelines and interpretations of a federal agency. 

f- Thesie matters are capable of accurate and ready determination by tesort to 

[ ' sources whose accuracy cannot reasonably be questioned. They also are 

I matters within the public domaih. 

WHEREFORE, Complainapt^s Motlpn having been read and considered, 

it is hereby ORDERED that Judiqlal-NQfce lie aisil is hereby taken Of the 

following: 

1. The Administrator's published sanction guidelines contained in 64 

Fed. Reg. 19443-19450; 

I 2. RSPA Formal Interpretation of Regulations contained in.63 Fed.Reg. 

I 30411-30412; and 

] 3. Hazardous Materials Regulations found at 49 C.F.R. §§171.8, 

i 172.101 (Table), 172.200, 172.300, 172.316, 173.27 and 173.150. 

C ^ L9^(pC^-^*^i " ^ 

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Attachment - Service List 

tichard C. Goodwin 

U.S. Administrative Law Judge 

..^•i ^ J , -.. •• 
FAA Docket No. CP09NM0009 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000' 

ONE COPY 

Courtney E. Felts, Respondent's Counsel 

Staff Attorney, Federal Express, Inc. 

3620 Hacks Cross Road 

Building B, 3"* Floor 

Memphis, TN 38125-8800 

TEL: 901-434-8632 

FAX: 901-434-8283 

Lawrence W. Bierlein, Respondent's Counsel 

1101 30* Street, NW 

Suite 500 

Washington, DC 20007 

TEL: 202-625-8355 

FAX: 202-625-4363 

Scott R. Morris, Complainant's Counsel 

Attomeiy, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7, FAA 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

TEL: 425-227-1417 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney-Ad visor 202-3 66-213 9 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building -

Room 2014, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.