SERVED: OCTOBER 5, 2012 

US DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

AVIATION TECHNICAL SERVICES, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. F AA-20 11-0682 

ZUIZOCT-q AI0:25 

ORDER GRANTING MOTION TO 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 of a fact which is not subject to 

reasonable dispute in that it is either (1) generally known within the territorial 
2 

. jurisdiction of the trial 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 of the 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 

1 Federal Rules of Evidence, Rule 201 (28 U.S.C.). 
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 2Wl 0001 

ONE COPY 

Dane B. Jacques, Respondent's Counsel 

Dombroff Gilmore Jacques & French, PC 

1676 International Drive, PH 

McLean, VA 22102 

TEL: 703-336-8800 

FAX: 703-966-6111 

Karen D. Huber, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

TEL: 425-227-2167 

FAX; 425-227-1007 

FDMS No. FAA-2011..;0682 

(Civil Penalty Action) 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200New Jersey Avenue, S·.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant 

FAJ(: 202-366-7536 

1 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 

2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.