## SERVED OCTOBER23, 2012 U.S. DEPARTMENT OF

## TRANSPORTATIO~/,:.r**~)?fifvifl~T** OF OFFICE OF HEARINGS I

## .":!:::.:~'(9111,'"\TION WASHINGTON DC ··' \L. 1

## ,JPEFJATIONS '. 

### l:1/l 01T ?!I 

### r-, 

### ,., {,' /"'.., f:4b InThe Matter Of: ) ) DocketNo. FAA-201 1-1005 COASTAL AIR ) TRANSPORT, INC. ) ) CaseNo. 1010-S0-700037 Respondent )

ORDER GRANTING BRIEF CONTINUANCE OF ORAL ARGUMENT

. AND GRANTING/DENYING OTHERRELIEF

. OnJuly 31, 2012 an Order Setting Litigation Dates and Procedures was filed. Among other things this Order directed the Respondent to file, on orbefore Octoper 12, 2012, any/all legal memoranda orwritten factual/legal argument(s) in support ofthe Respondent's affirmative defense to the FAA'sMotion for Hearing on Sanction Only. This July 31,2012 Order also set
an October 23, 2012 Telephone Motion Conference for oral argument onthe FAA's Motion for Hearing on Sanction Only. On October 23, 2012 the parties appeared bytelephone for oral argument onthe FAA's Motion for Hearing on Sanction Only. During preliminary discussion, the

### pro se Respondent noted that it had been consulting with counsel about this case, and that counsel still had possession ofthe case file. The Respondent also expressed some surprise that the oral argument set for today was to address whether ornotthe FAA had submitted sufficient proofto support all
or some ofthe sixteen (16) alleged violations, and therefore potentially limit the January 2012 hearing to onlythe issue ofhow much penalty should be assessed for violations proved. Having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised;

Page 1 of2

### Itls Hereby Ordered: 1. Pursuantto 14 C.F.R. 

### § 13.205, 14 C.F.R. 

### § 13.213, 14 C.P.R. 

### § 13.218, and Civ. R. 56, the Respondent is granted additional time to obtain counsel and to respond tothe FAA's Motion for Hearing on Sanction Only. 2. 

### Novembet 6, 2012 is the deadline for the FAAto file supplemental material in support of its Motion for Hearing on Sanction Only. The FAA is encouraged to provide an explanation ofhowthe sixteen (16) violations are all distinct violations provable bythe FAA's submitted evidentiary exhibits and documents. 3. 

### November 6, 2012 is the deadline for the Respondentto file the following: A. Testimonial and documentary facts defending againstthe FAA's Motion for Hearing on Sanction Only; and B. Legal memorandain support ofthe Respondent's assertionthat the Respondent is exempted from complying with the hazardous materials regulations for small shipments ofdiesel fuel. · 4. TheTelephone Motion Conference for Oral Argument onthe FAA'sMotion for Hearing on Sanction Only, scheduled for today, October 23, 2012, is continuedto 

### Monday, November 19,2012 at 1:30pm- 3:00pmEST. All parties shall re-convene onMonday, November 19,2012 at 1:30pmto present oral argument.

· Attachment: Service List

Page 2 of2

### 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


### George Logan, Agent for Service Coastal Air Transport, Inc., Respondent 

### 1131 King Street, Suite 204 Christiansted, St. Croix, VI 00820-4971 Michael Foster, President- by mail&fax Coastal Air Transport, Inc., Respondent 

### P.O. Box 39S5 Christiansted, St. Croix, VI 00822 TEL: 340-773-6862 ONE COPY



### Rashawn Rich George, Complainant's Counsel- 

### by mail & 

### fax Office ofthe Regional Counsel, AS0-7 Southern Region Federal Aviation Administration P.O. Box 20636 Atlanta GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 The Honorable J.E. Sullivan,AdministrativeLawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536

1

## S~t"Vice was by U.S. Mail. Forservice 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. ·