SERVED: OCTOBER 18, 2010 

•::ER^RTMENTOF 

AN3P0RWI0N 

U.S. DEPARTMENT OF TRANSPORTATION ;KET OPERATIONS 

OFFICE OF HEARINGS 

WASHINGTON, DC ^(9 OCT !9 A ^'3 3 

IN THE MATTER OF 

POLAR AIR CARGO, INC. 

FAA DOCKET NO. CP07EA0006 

(Civil Penalty Action) 

FDMS NO. FAA-2007-27914 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

ESTABLISHING PROCEDURES 

This proceeding arises from a complaint served April 20, 2007, and received by the Office of Hearings on October 15, 2010, alleging violation of the Federal Aviation Act/Regulations, 

and the Respondent's request for hearing dated April 13, 2007. The undersigned administrative 

law judge was assigned to this proceeding by Notice served October 18, 2010. 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the Federal Aviation Regulations (14 C.F.R. §§ 13.201-13.235 (2009)). Those rules provide, inter alia, 

that the Respondent must file a written answer or motion within 30 days after service of the 

complaint (§ 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 of each allegation in the 

complaint (§ 13.209(f)), and that a party seeking an extension of time must file a written motion 

at least seven days before the document is due, absent agreement of the parties or good cause 

shown (§ 13.213(a) and (b)). 

To expedite the hearing in this matter. Complainant and the Respondent, on or before 
* 

t 

November 19,2010, shall file (1) any amendment of the complaint or answer;' (2) an agreed or 

sqiarate proposed procedural schedules^:including proposed dates (i.e., specific dates, not merely 

numbers or days before the hearing) for (a) filing stipulations, a list of witnesses, a summary of 

their proposed testimony, and for (b) exchanging exhibits and discovery, if any; (3) a statement 

concerning the status of settlement efforts; and (4) a proposed hearing site and, absent agreement 

of the parties, a justification of the 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 the Respondent should continue to consider the possibility of settlement and 

compromise of this matter.^ In connectidn with such discussions, the parties should note that 

FAA Order 2150.3B, which establishes standMds fer the Complainant's conduct arid settlement 

of this proceeding, is available on the Internet.^ See, in particular, chapter 6 (Legal Enforcement 

Actions and Legal Counsel Responsibilities); and either (ia) Appendix B (Table of Sanctions), 

pages B-1—B8 (Part One - Abbreviatiorts and Definitioiis) and those portions of P ^ Two -

Sanction Guidance Tables, which apply to particular allegations not involving hazardous materials, or (b) Appendix C, which pertains t6 hazardous materials cases. Upon request of Respondent, Complainant shall provide Respondirait a: copy of the appticable referenced provisions. 

^ Furdier amendments are not anticipated absent good cause shown. Though 14 C.F.R. § 13.214(b)(1) permits 

amendments at any time more than IS days before ^beanDgj^iUza^npftl^j^visionwQ^^ 

tion for a hearing and could prevent any hearing at all, bectuise notice of a lieariDg must be given 60 days in advance. 

§ 13.221(a). An amendment Haat might be filed 15 days prior to the faearing WEMild entitle the other par^ up to 20 days in 

which to rqdy(§ 13.214(c)), and could generate a niswrotod ctfflcJiMife#(4;i3.^17), irtK^ (§ 13:218), and discovery 

(§ 13.220), necessitating a pos^nement of the hearing, a new 60-day notice, etcetera ad infinitum. 

^ See Linda Joyce Goodman, FAA Qockfta^<>,fC3'99WPQ06J,.p»^ |>Jo. FAA-2004T1 8^2, ?t 11 (May 30, 

1989), available at www.regulations.gov (conclu&ig that "the prosecuting agency attorney must consider settlement and that the Rules do not permit the Chief Counsel to exercise policy control or. decisionmaking, in this case or 

in civil penalty cases generally so as to deny prosecutorial discretion with req)ect to settleiiient vtA compromise to 

the agency attorney as defined in the rules"). See also Exec. Order No. 12,988, 61 Fed. Reg. 4729 (Feb. 5,1996), 

which refers to facilitating the just and efficient reiolution ofsivil^ claims ioivolvii]^ the Unilfid StM9S.^0ovemment 

and which directs Federal agencies and their litigation counsel to, "as soon as practicable after ascerteining the nature of a dispute in litigation, and throughout the litigation,... evaluate settlement possibilities and make reasonable 

efforts to setde the litigation." See also FAA Order 2150.3B at paragraph 6-2. 

^ Accessed at http://rgl.faa.gov by selecting "Orders/Notices," then "Current Orders; By Number," then 

"2150.33 10/01/2007 FAA Compliance and Enforcement Program (Change 1 included)." 

- 2 -
Submissions sent to the street address of the U.S. Department of Transportation, Office of 

Hearings, by regular mail may be delayed up to four weeks due to postal screening and may be 

"irradiated," which may result in pages being fused together. Accordingly, parties who serve 

submissions on the Judge by regular mail should also fax, express carrier, or personally deliver 

those submissions. The certificate of service should reflect the manner of service. 

Compromise may be effected with or without a finding of violation (§ 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. 

Ronnie A. Y)3der 

Chief Administrative Law 
FAA Docket No. CP07EA0006 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1OOO'* . 

ONE COPY 

Paul A. Lange, Respondent's Counsel 

Law Offices of Paul A. Lange, LLC 

80 Ferry Boulevard 

Stratford, CT 06615-6079 

TEL: 203-375-7724 

FAX: 203-375-9397 

Christian L. Lewerenz, Complainant's Counsel 

Office of the Regional Counsel 

Eastern Region 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3273 

FAX: 718-995-5699 

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room E12-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

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-^30.