U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATIONADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter ofRadio HollandUSA, Inc. FDMS No. FAA 2013-0286 Civil Penalty Action The Honorable Richard C. Goodwin
MOTION TO CHANGE VENUE 

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## HEARING DOCKET

COMES NOW the Federal Aviation Administration, hereinafter referred to as Agency, by and through its designated representative, the Regional Counsel for the Eastern Region and his designated and authorized agents, and moves that the Honorable Administrative Law Judge, pursuant to the Rules ofPractice in FAA Civil Penalty Actions (herein called the Rules), 14 C.F.R. Section 13.221(b), issue an Order changing venue from Houston, Texas to Washington, D.C.
When determining venue for a hearing, consideration is given to the following factors: "convenience ofthe parties, the location where the majority ofthe witnesses reside or work, and whether the location is served by a scheduled air carrier." 14 C.P.R. § 13.221. A hearing scheduled in Washington, D.C., would be more in accord with these factors than the proposed· hearing location ofHouston, Texas. Inthe case 

### ofln the Matters ofTaughannockAviation Corp", the Administrative Law Judge found that the location ofRespondent's Counsel was not adequatejustification for setting the location ofthe hearing whenthe witnesses and Respondent resided in another location. FAA Nos. CP08EA0001, CP08EA0002 and CP08EA0005., 2008 WL 2412566 (D.O.T. June 4, 2008). Similarly, in the case of

### In the Matter ofKaboAirLtd., the "incident and resultant investigation" occurred in Honolulu, where most ofthewitnesses alsoresided. FAA No. CP05WP0030., 2005 WL 3076625 (D.O.T. Oct. 20, 2005). Therefore, those factors "clearly outweigh[ed]" any convenience associated with holding the hearing at another location. !d.
Inthis case, it appears that the only connection to Houston, Texas, is the location of Respondent's Counsel. No other factors weigh in favor ofsetting the hearing in Houston. There is no reasonto believe that venue will bemore convenient for any witnesses or the Respondent in Houston, Texas, as opposed to Washington, D.C. Most ofthe witnesses reside and work in Virginia, not inTexas. The Respondent has already deposed Special AgentLouis Fernandez, currently located inthe Virginia area. The FAA's otherproposed witnesses include TSA Agent Joho Mattox and Milton Bazemore, a US Air employee, who were bothworking inNorfolk, Virginia, and were present at the discovery ofthe butane torch. Travelto Washington, D.C., for a hearing would be more convenient for the FAA'sthree prospective witnesses thantravel to Houston, Texas. Damon Cole, Radio Holland's employee who offeredthe hazardous material on behalfofhis employer, works for the Radio Holland branch located inJacksonville, Florida. The Agency believes that Mr. Cole travels frequently for work, including his trip throughNorfolk onor about March 4, 2011. In sum, the convenience ofthe witnesses outweighs the convenience of Respondent's Counsel in this case.WHEREFORE, it is respectfully requestedthat the Administrative Law Judge enter an Order setting
venue inWashington D.C. Respectfully submitted,
Alfred R. Johnson, Jr. Regional Counsel
By:

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### ~anine Gotimer 

## /f- Attorney

### CERTIFICATE OF SERVICE
I hereby certifY that the foregoing MotionFor Change ofVenue has been placed this date in the United States mail, postage prepaid as follows: Certified Mail

- Return Receipt Requested addressed as follows: The Honorable Richard C. Goodwin Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (El1-310) Washington, D.C. 20590 FAX (202) 366-7536 Federal Aviation Administration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Room 2014 Anacarolina Estaba Bemdfeldt Gardere Wynne Sewell

### LLP I000 Louisiana, Suite 3400 Houston, TX 77002-5011 FAX (713) 276-5500

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# C?fir~, tl**~Jn-4.** L' aHooks Paralegal Specialist Federal Aviation Administration Office ofRegional Counsel 1Aviation Plaza Room 561 Jamaica, NY 11434