In The Matter Of: 

COASTAL AIR 

SERVED DECEMBER 19, 2012 

U.S. DEPARTMENT OF TRANSPORTATION __ 

OFFICE OF HEARINGS 

WASHINGTON, DC • __ j __ 

) 

) Docket No. FAA-2011-1005 

) 

TRANSPORT, INC. ) 

) Case No. 1010-S0-700037 

Respondent ) 

_, 

.- j: .,_ 1 • _ ~ ·f ~ i I 

ORDER GRANTING FAA'S MOTION TO SUPPLEMENT THE 

RECORD NUNC PRO TUNC AND GRANTING/DENYING OTHER RELIEF 

On November 14,2012 an Order Granting FAA's Motion for Continuance and 

Granting/Denying Other Relief was filed. 

On December 6, 2012 the FAA filed the "Complainant's Response to ALJ' s [sic] Order 

Granting Motion for Continuance." 

On November 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 in the 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, or rulings. If a litigant party sought 

relief from the administrative tribunal, it filed motions and requested specific relief. The FAA 

advised the administrative court that it sought to supplement, nunc pro tunc, the November 9, 

2012 FAA Motion for Continuance, and further explain the circumstances supporting the FAA's 

Motion. The FAA agreed that its December 6, 2012 "Response" could be retitled as a Motion to 

show that it was seeking relief from the decision maker. 

During the November 6, 2012 Motion Conference, the parties were also given deadlines 

for supplementing the Summary Judgment materials and other pre-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 Motion to Supplement the Record 

Nunc Pro Tunc." 
{ [Type text] 

2. The FAA's December 6, 2012 retitled Motion to Supplement the Record Nunc Pro Tunc 

is hereby granted. 

3. The November 14,2012 Order Granting FAA's Motion for Continuance and 

Granting/Denying Other Relief is hereby re-confirmed. 

4. On or before the close of business December 7, 2012, the FAA shall file, by PDF format 

to an OH attorney staff member by email, two pages of photocopies of Hazcom Labels 

referenced in FAA's Request for Admissions No. 16. 

5. On or before the dose of business December 7, 2012, the FAA shall file any 

supplemental information to show that statutory.authority exists to support charged 

violations Nos. 15 and 16. · 

6. On or before the close of business December 7, 2012, the Respondent may file a 

supplemental declaration or affidavit in support of his factual assertion that he had 

complied with shipping guidelines given to it by FAA employees in San Juan, PR. 

7. On or before the close of business 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 2W1 0001 

Ms. Rashawn Rich George, Esq. 

Complainant's Counsel 

Office of the 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 Law Judge 

Office of Hearings, M-20 

ONE COPY 

U.S. Department of Transportation 

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 or by 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. ·