### SERVED: MAY 21, 2012 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF AERO MICRONESIA, INC. dba ASIA PACIFIC AIRLINES, INC. FAA DOCKETNO. [TO BEASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012-0469


### ORDER OF CHIEFADMINISTRATIVE LAWJUDGE ESTABLISHING PROCEDURES This proceeding arises from a complaint served May 11, 2012, alleging violation ofthe Federal Aviation Act/Regulations, and Respondent's request for hearing dated May 4, 2012. The undersigned administrative lawjudge was assigned to this proceeding byNotice served May 18, 2012. The Rules ofPractice for this proceeding are set forth in Part 13, Subpart G, ofthe Federal Aviation Regulations (14 C.F.R. §§ 13.201-13.235 (2012)). Those rules provide, 

### inter alia, that Respondent must file a written answer ormotion within 30 days after service ofthe com-

.,_...,__ 

### plaint(§ 13.209(a)); that a general denial is deemed a failure to file an answer(§ 13.209(e)); that failure to file an answer without good cause is deemed an admission ofeach allegation in the complaint(§ 13.209(f)); and that a party seekingan extension oftime must file a written motion at least seven days before the document is due, absent agreement ofthe parties or good cause shown(§ 13.213(a), (b)). To expedite the hearing inthis matter, Complainant and Respondent, onorbeforeJune 22, 2012, shall file (1) any amendment ofthe complaint or answer; 1 (2) an agreed or separate proposed procedural schedules, including proposed dates 

### (i.e., specific dates, not merely numbers or days before the hearing) for (a) filing stipulations, a list ofwitnesses, a summary of their proposed testimony, and for (b) exchanging exhibits and discovery, ifany; (3) a statement concerning the status ofsettlement efforts; and (4) a proposed hearing site and, absent agreement ofthe parties, ajustificationofthe proposed site. 

### See 14 C.F.R. § 13.217. Under FAA Order 2150.3B (Oct. 1, 2007) and the Rules governing these proceedings, Complainant and Respondent should continue to considerthe possibility ofsettlement and compromise ofthis matter. 2 In connectionwith such discussions, the parties should note that FAA Order 2150.3B, which establishes standards for the Complainant's conduct and settlement ofthis proceeding, is available onthe Internet.3 See, inparticular, chapter 6 (Legal EnforcementActions and Legal Counsel Responsibilities); and either (a) Appendix B (Table ofSanctions), pages B-1-B8 (Part One- Abbreviations and Definitions) and those portions ofPart Two- Sanction Guidance Tables, which apply to particular allegations not involving hazardous materials; or (b) Appendix C, which pertains to hazardous materials cases. Upon request ofRespondent, Complainant shall provide Respondent a copy ofthe applicable referenced provisions.



### ------------ ,.,.,, 1 Further amendments are not anticipated absent good cause shown. Though 14 C.F.R. § 13.214(b)(l)permits amendments at any time more than 15 days before ahearing, utilization ofthatprovision would prevent orderly preparation for a hearing and couldprevent any hearing at all, because notice ofa hearing mustbe given 60 days in advance. § 13.221(a). An amendmentthat mightbe filed 15 days priorto the hearing would entitle the otherparty up to 20 days in which to reply(§ 13.214(c)), and could generate a new round ofschedules(§ 13.217), motions(§ 13.218), and discovery (§ 13.220), necessitating a postponement ofthe hearing, a new 60-day notice, etcetera adirifinitum. 2 See LindaJoyce Goodman, FAA DocketNo. CP89WP0061, DMS No. F**AA~2004-18292,** at 11 (May 30, 1989), available at www.regulations.gov (concluding that "the prosecuting agency attorney must consider settlement andthat the Rules do notpermit the ChiefCounsel to exercise policy control or decisionmaking in this case or in civil penalty cases generally so as to deny prosecutorial discretion with r.espect to settlement and compromise to the agency attorney as defined in the rules"). See also Exec. OrderNo. 12,988,61 Fed. Reg. 4729 (Feb. 5, 1996),

. which refers to facilitating thejust and efficientresolution ofcivil claims involving the United States Government

and directs Federal agencies andtheir litigation counsel to, "as soon as practicable after ascertaining the nature ofa dispute in litigation, and throughout the litigation,
... evaluate settlementpossibilities and make reasonable efforts to settle the litigation." See also FAA Order2150.3B at paragraph 6-2. · 3 Accessed at http://rgl.faa.gov by selecting "Orders/Notices," then "Current Orders; ByNumber," then "2150.3B," then "2150.3B
_CHG3_Incorporated
..pdf." 

### -2-

### Submissions sentto the street address ofthe U.S. Department ofTransportation, Office of Hearings, by regular mail may be delayed up to four weeks due to postal screening, and may be "irradiated," which may result inpages being fused together. Accordingly, parties who serve submissions onthe Judge by regular mail should also fax, express carrier, orpersonally deliver those submissions. A certificate ofservice, reflecting the above caption (including the FDMS number), the title ofthe submission, and the date and manner ofservice, shall be attached to each individual submission. Compromise may be effected with orwithout a finding ofviolation 

### (§ 13.16(n)). Each party's filing shall include a telephone number where the party can be reached by the Judge for prehearing telephone conferences.
SO ORDERED.



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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 2Wl0004 ONE COPY


### Michael R. Quinn, President Aero Micronesia, Inc. dbaAsia Pacific Airlines, Inc., Respondent 

### 156 Diablo Road, Suite 203 Danville, CA 94526 TEL: 925-362-4430 FAX: 925-362-4432 Don Bobertz, Complainant's Counsel 

### Office ofthe Regional Counsel, AWP-7 PO Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-3454 FAX: 310-725-6816 The Honorable Ronnie A. Yoder,

Chief Administrative Law .fudge 

### U.S. Department ofTransportat4m. Office ofHearings, M-20 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536 FDMS NO. FAA-2012-0469 (Civil Penalty Action)

4 Service was byU.S. Mail. For service in person oi: 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. 

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