In The Matter Of: COASTAL AIR 

### SERVED DECEMBER 19, 2012 U.S. DEPARTMENT OF TRANSPORTATION

__ OFFICE OF HEARINGS WASHINGTON, DC • __ j

__ ) ) DocketNo. FAA-2011-1005 ) TRANSPORT, INC. ) ) CaseNo. 1010-S0-700037 Respondent ) _,
.- j: .,_ 1 • _**~** ·f**~** i I



### ORDERGRANTING FAA'S MOTION TO SUPPLEMENT THE RECORDNUNCPRO TUNC

### AND GRANTING/DENYING OTHERRELIEF

OnNovember 14,2012 an Order Granting FAA's Motionfor Continuance and Granting/Denying Other Reliefwas filed. On December 6, 2012 the FAA filed the "Complainant's Response to ALJ's [sic] Order Granting Motion for Continuance." OnNovember 6, 2012 the parties appeared by telephone for continued oral argument on the FAA's Motion for Hearing on Sanction Only. At that time the FAA was advised that the administrative tribunal was not a litigant inthe proceedings. "Responses," "answers" and "replies" were formal documents filed with the decision-maker, as the parties argued their respective positions before the decision maker. A litigant party did not file "responses" "answers" or "replies" to administrative orders, decisions, orrulings. Ifa litigant party sought relieffrom the administrative tribunal, it filed motions and requested specific relief. The FAA advised the administrative court that it soughtto supplement, 

### nuncpro tunc, the November 9, 2012 FAA Motion for Continuance, and further explainthe circumstances supporting the FAA's Motion. The FAA agreed that its December 6, 2012 "Response" couldbe retitled as a Motionto showthat it was seeking relieffrom the decision maker. During the November 6, 2012 Motion Conference, the parties were also given deadlines for supplementing the Summary Judgment materials and otherpre-hearing documents. This Order codifies in writing the oral rulings made during the Conference. 

### IT IS HEREBY ORDERED: 1. The FAA's "Complainant's Response to ALJ's [sic] Order Granting Motion for Continuance" is hereby retitled the "Complainant's Motionto Supplementthe Record 

### Nunc Pro Tunc."

### { [Type text] 2. The FAA's December 6, 2012 retitled Motion to Supplement the RecordNunc Pro Tunc is hereby granted. 3. The November 14,2012 Order Granting FAA's Motion for Continuance and Granting/Denying Other Reliefis hereby re-confirmed. 4. On orbefore the close ofbusiness December 7, 2012, the FAA shall file, by PDF format to an OH attorney staffmemberby email, two pages ofphotocopies ofHazcom Labels referenced in FAA's Request for Admissions No. 16. 5. On orbefore the dose ofbusiness December 7, 2012, the FAA shall file any supplemental informationto showthat statutory.authority exists to support charged violations Nos. 15 and 16. · 

### 6. Onorbefore the close ofbusiness December 7, 2012, the Respondent may file a supplemental declaration or affidavit in support ofhis factual assertion that he had complied with shipping guidelines given to it by FAA employees in San Juan, PR. 7. On orbefore the close ofbusiness December 14, 2012 the Respondent may file a Supplemental Witness and Exhibit List.

Attachment: Service List

### FDMS No. FAA-2011-1005 (Civil Penalty Action) SERVICE LIST- BY U.S. MAIL and FAX ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10001



### Ms. Rashawn Rich George, Esq. Complainant's Counsel 

### Office ofthe Regional**Counsel~** 

### ASO-7 Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Michael Foster, President Respondent 

### Coastal Air Transport, Inc., P.O. Box 3985 Christiansted, St. Croix, VI 00822 TEL & 

### FAX: 340-773-6862 Judge J.E. Sullivan U S. Administrative LawJudge 

### Office ofHearings, M-20 ONE COPY



### U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. ·