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SERVED MARCH 10, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

AMERICAN EAGLE AIRLINES, INC. 

FAA DOCKET No. CP09SW0006 

(Civil Penalty Action) 

DMS No. FAA-2009-1042 

IN THE MATTER OF 

AMERICAN EAGLE AIRLINES, INC. 

FAA DOCKET No. CP09SW0007 

(Civil Penalty Action) 

DMS No. FAA-2009-1043 

ORDER GRANTING MOTIONS 

Complainant, the Federal Aviation Administration (hereinafter "Complainant" or 

"agency"), filed motions in each of these matters, hi Docket No. CP09SW0006, it filed a 

Motion to Amend Complaint. It states in support that Respondent American Eagle 

Airlines, Inc. (heremafter "Respondent") has expressed no objection to the amendments. 

Complainant in this docket also has filed a Motion for Judicial Notice, asking the 

undersigned to take judicial notice of the agency's sanction guidance policy as set out in 

FAA Order 2150.3B, Chapter 7, and Appendix B. 
I grant these motions. Complainant's amendment of the Complaint, which 

eliminates two paragraphs of the original Complaint, will streamline the issues for trial, 

and will not prejudice Respondent. Its second motion seeks Judicial Notice of published 

guidelines of a federal agency. Such documents are capable of accurate and ready 

determination by resort to sources whose accuracy cannot reasonably be questioned. ,^ 

They also are matters within the public domain. As such. Judicial Notice is appropriate. 

Therefore, Complainant's Motion for Judicial Notice in Docket CP09SW0006 is granted. 

hi Docket No. CP09SW0007, Complainant filed a Motion for Judicial Notice. It 

seeks Judicial Notice of the following: 

i) The agency's sanction guidance policy as set out in FAA Order 2150.3A, 

Appendix 4; 

2) FAA Order 2150.3A, Appendix 1 (Compliance/Enforcement Bulletin No. 

92-1, Proportional Civil Penalties); 

3) 49 U.S.C. §4630i(a)(i); and 

4) A legal interpretation of 14 C.F.R. §i2i.309(b)(4), issued April 28, 2009, 

by the FAA's Office of Chief Counsel, regarding the requirement to mark 

emergency equipment as to the last date of inspection. 

The motion is granted. Each of these documents is capable of accurate and ready 

determination by resort to sources whose accuracy cannot reasonably be questioned. 

They also are matters within the public domain. As such. Judicial Notice is appropriate. 

Therefore, Complainant's Motion for Judicial Notice in Docket CP09SW0007 also is 

granted. 

WHEREFORE, it is ORDERED as follows: 

1. Complainant's Motion to Amend the Complaint in Docket CP09SW0006 is 

hereby GRANTED; 

2. Complainant's Motion for Judicial Notice in Docket CP09SW0006 is hereby 

GRANTED; and 

3. Complainant's Motion for Judicial Notice in Docket CP09SW0007 is hereby 

GRANTED. 

4 ^ lichard C. Goodwin 

Administrative Law Judge 

Attachment - Service List 
FAA Docket Nos. CP09SW0006 & 

CP09SW0007 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL i& ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

American Eagle Airlines, Inc., Respondent 

ATTN: Peter Bowler, President 

1700 W. 20* Street, MD 1200 

P.O. Box 612527 

DFW Airport, TX 75261-2527 

Francis C. Heil, Respondent's Counsel 

American Airlines, Inc., Legal Department 

P.O. Box 619616, Mail Drop 5675 

DFW Airport, TX 75261 -9616 

TEL: 202-496-5642 

FAX: 202-496-5660 

Rena M. Price, Complainant's Counsel 

Safety Enforcement Branch, Office of the Regional Counsel 

Southwest Region, ASW-7E1, RMP 

Federal Aviation Administration 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137-0007 

TEL: 817-222-5068 

FAX: 817-222-5945/5092 

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: Attomey-Advisor 202-366-2139 

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: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.