U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Radio Holland USA, Inc. 

FDMS No. FAA 2013-0286 

Civil Penalty Action 

The Honorable Richard C. Goodwin 

MOTION TO CHANGE VENUE 

RECEIVED 

AUG • 5 20i3 

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 of Practice 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 of the parties, the location where the majority of the 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 of Houston, Texas. In the case ofln the Matters ofTaughannockAviation 

Corp", the Administrative Law Judge found that the location of Respondent's Counsel was not 

adequate justification for setting the location of the hearing when the 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 ofKabo Air Ltd., the 

"incident and resultant investigation" occurred in Honolulu, where most ofthe witnesses also 
resided. 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. 

In this case, it appears that the only connection to Houston, Texas, is the location of 

Respondent's Counsel. No other factors weigh in favor of setting the hearing in Houston. There 

is no reason to believe that venue will be more convenient for any witnesses or the Respondent in 

Houston, Texas, as opposed to Washington, D.C. Most of the witnesses reside and work in 

Virginia, not inTexas. The Respondent has already deposed Special Agent Louis Fernandez, 

currently located in the Virginia area. The FAA's other proposed witnesses include TSA Agent 

Joho Mattox and Milton Bazemore, a US Air employee, who were both working in Norfolk, 

Virginia, and were present at the discovery of the butane torch. Travel to Washington, D.C., for a 

hearing would be more convenient for the FAA's three prospective witnesses than travel to 

Houston, Texas. Damon Cole, Radio Holland's employee who offered the hazardous material on 

behalf of his employer, works for the Radio Holland branch located in Jacksonville, Florida. The 

Agency believes that Mr. Cole travels frequently for work, including his trip through Norfolk on or 

about March 4, 2011. In sum, the convenience of the witnesses outweighs the convenience of 

Respondent's Counsel in this case. 
WHEREFORE, it is respectfully requested that the Administrative Law Judge enter an Order setting 

venue in Washington D.C. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: ~a. #y Date: 

~anine Gotimer 

/f- Attorney 
CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Motion For Change of Venue 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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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 

I 000 Louisiana, Suite 3400 

Houston, TX 77002-5011 

FAX (713) 276-5500 

lUI 'l 0 ''0'3 Date: " L 0 L· 1 

/} 

C?fir~, tl ~Jn-4. 

L' aHooks 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Room 561 

Jamaica, NY 11434