Q3/24/2010 FAA + OMS III 001/002 10:21 FAX 2024935142 

DFPT 

UNITED STATES DEPARTMENT OFTRANSPORTATION OF 

FEDERAL AVIATION ADMINISTRATION 


WASIDNGTON,DC 
 I.) 

In the Matter of: AIR CHARTER, INC. 

FAA Order No. 2010-1 

Docket No. CP09S00008 

FDMS No. FAA·2009·01001 

. Served: March 23, 2010 

ORDER DENYING MOTION TO DISMISS APPEAL2 

Respondent filed a motion requesting thatthe Administrator dismiss the FAA's 

appeal briefin this case, argUing that the appeal brief was filed late. Respondent's 

motion is denied because the FAA's appeal brief was filed in a timely manner. 

Administrative Law Judge Isaac D. Benkin served a written initial decision in this 

matter on January 1),2010, finding that the FAA proved that Air Charter violated 

14 C.F.R. § 121.141(b), but not 14 C.F.R. §§ 119.5(8) and 91.13(a), as alleged in the 

complaint. The All assessed a $550 civil penalty against Air Charter. 

Under the Ru1es ofPracticc, each party had 50 days from the service of the AU's 

written initial decision in whieh to file an appeal brief plus an additional S days as a result 

ofthe "'mailing rule." 14 C.F.R. §§ 13.233(ei and 1l.211(e).4 Consequen1ly, the FAA's 

I Generally, materials fiJedin the FAA Hearing Docket (except for materials filed in securi1y 

cases) arc a1so available for viewing at htrp;//Wl+w.regulations.gov. See 14 C.P.R. 

§ 13.210(e)(l). 

2 The Administrator'S civil penalty decisions, along with indexes of the decisions, the rilles of 

practice; and other infonnation, are available on the Internet at the following address: 

wwwjaa.gov/abour/o.f/ice_org/headquarrer.f_ofjiceS/a.gclpoCadjudicationlAGC400/ 

Civil_Penalty. Sec 14 C,F.R. § 13.21O(e)(2). In addition, Thomson ReuterslWcst publishes 

Federal Aviation Decisions. Finally, the decisions arc available through LEXIS (TRANS libraI)') 

and WestLaw (FTRAN.FAA database). For additional infonnation, see the Weh site. 

3 Section 13.233(c) provides as follows: 
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appeal brie[was due on March 4,2010,55 days after the issuance ofthe initial decision 

on January 8, 2010. The FAA filed its appeal brief on March 2, 2010. 

Hence, Air Charter's motion to dismiss is denied. Air Charter's reply brief is due 

to be :filed on or before April 12, 2010, under 14 C.F.R. §§ 13.233(e), I3.211(e), and 

13.212(c). 

1. RANDOLPH BABBITT 

ADMINISTRATOR 

Administration 

VIC I S. EEMON~ 

Manager, Adjudication Branch 


(c) Perfecting an appeal. Unless otherwise agreed by the parties, a party shan pertect an 

appeal, not later than 50 days after entry of the oral initial decision on the record Or 

service of the written initial decision on the party filing an appeal brief with the FAA 

decisionmaker. 

~ Section 13 .211 (e) provides as follows; 

(c) Additional rime after service by'/nai/. Whenever a party has a right or a duty to act or 

to make any response witl1in a prescribed period after service by mail, or on a date certain 

after service by mail,S days shall be added to the prescribed period. 

5 Issued under authority delegated to the Chief Counsel and the Assistant Chief Counsel for 

Litigation by memorandum dated October 27, 1992, under 49 U.S.C. § 322(b) and 14 C.F.R. 

§ 13.202 (sec 57 Fed. Reg. 58,280 (1992) and redelegated by the Assistant ChiefCoullSc1 for 

Litigation to the Manager, Adjudication Branch, by Memorandum dated August 6, 1993.·