### SERVED: OCTOBER 5, 2012



### US DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF AVIATIONTECHNICAL SERVICES,INC. 

### FAA DOCKET No. [TO BEASSIGNED] (Civil Penalty Action) FDMS No. F AA-2011-0682 

### ZUIZOCT-q 

### AI0:25

ORDERGRANTING MOTIONTO TAKE JUDICIAL NOTICE On October 3, 2012, Complainant Federal Aviation Administration ("FAA" or "the agency") filed under 14 C.F.R. §13.218 a Motion to Take Judicial Notice ("Motion"). The Motion encompasses the published Penalty Guidelines of FAA Order 2150.36, specifically Chapter 7 and Appendix B, Pages B-1 to B-2 and B-20 to B21. It also includes FAA Order 8110.103, FAA Airworthiness Directive ("AD") 2009- 09-07, dated June 11, 2009, and two agency orders assessing civil penalties against Respondent Aviation Technical Services ("Respondent") as a repair station certificate holder: the Orders Assessing Civil Penalty in Cases Nos. 2011NM010051 and 2011NM010062. Respondent has not filed an answer to the Motion to date. The court may take Judicial Notice ofa fact which is not subject to reasonable dispute in that it is either (1) generally known within the territorial2



### .jurisdiction ofthetrial court or (2) capable of accurate and ready determination by

resort to sources whose accuracy cannot reasonably be questioned. 1 

### The matters for which Complainant seeks Judicial Notice are published orders, guidelines and directives of a federal agency. These matters 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. WHEREFORE, Complainant's Motion having been read and considered, it is hereby ORDERED that Judicial Notice be and is hereby taken ofthe following: 

### 1. FAA Order 2150.36, FAA Compliance and Enforcement Program, Chapter 

### 7; 2. FAA Order 2150.36, FAA Compliance and Enforcement Program, Appendix 6, pages 6-1 to 6-2 and 6-20 to 6-21; 3. FAA Order 8110.103, entitled "Alternative Methods of Compliance (AMOC);" 4. FAA Airworthiness Directive ("AD") 2009-09-07, dated June 11, 2009; 5. Order Assessing Civil Penalty in FAA Case No. 2011NM010051; and 6. Order Assessing Civil Penalty in FAA Case No. 2011NM010062.

# £;rJL~C'.~~ Richard C. Goodwin U.S. Administrative Law Judge Attachment
- Service List

1FederalRules ofEvidence, Rule 201 (28 U.S.C.).

### SERVICELIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: HearingDocket Clerk, AGC-430 WilburWright Building-Suite2Wl000 1 

### ONE COPY DaneB. Jacques,

### Respondent's Counsel DombroffGilmoreJacques & French, PC 1676 International Drive, PH McLean, VA22102 TEL: 703-336-8800 FAX: 703-966-6111 KarenD. Huber, 

### Complainant's Counsel Attorney, Office oftheRegional Counsel Northwest MountainRegion, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, WA98057 TEL: 425-227-2167 FAX; 425-227-1007 FDMS No. FAA-2011..;0682 (Civil Penalty Action)

The HonorableRichard C. Goodwin, AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S·.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAJ(: 202-366-7536

1 Service was by U.S. Mail. Forservice inpersonorby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur WrightBuilding-Suite 2Wl000, Washington, DC 20591; Attention: HearingDocket Clerk, AGC-430.