SERVED: APRIL 13, 2011 

U.S. DEPARTMENT OF TRANSPORTATION , '" ''SPORWlS^ 

OFFICE OF HEARINGS ' "^'^^'"OPERATlONS 

WASHINGTON, DC 

1-1 A iO: oq 

IN THE MATTER OF 

AIRLINE TRANSPORT PROFESSIONALS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2011-0289 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

ESTABLISHING PROCEDURES 

This proceeding arises from a complaint served March 31, 2011, alleging violation of the 

Federal Aviation Act/Regulations, and Respondent's request for hearing dated March 10, 2011. 

The undersigned administrative law judge was assigned to this proceeding by Notice served 

April 13,2011. 

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 (2010)). Those rules provide, inter alia, 

that 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), (b)). 

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

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.1 f.;f p.ui L-WRffpS'l' ^ 

13, 2011, shall file (1) any amendment ofifeie,S<JfiE^»fet 6t amwer;' (2) an agreed or separate 

proposed procedural schedules, including jJ!top<WPi:^fees<i.e., specific dates, not merely numbers or days before the hearing) for (a) filing Stipaoa^ns, a list of witnesses, a summary of their 

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proposed testimony, and for (b) exchanging exMI ^ «id discovery, if any; (3) a statement conceming the status of settlement efforts; and (4) ttJ^^bfksed hearing site and, absent agreement of 

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the parties, a justification of the proposed ate, •^t#fi4iC.FJl. § 13.217. 

Under FAA Order 2150.3B (Oct. l,.2^r7)ywft4'tfeBRv4es governing these proceedings. 

Complainant and Respondent should continiiMSte^iipffl'ilie possibility of settlement and compromise of this matter.^ In connection with^l^^K^l^^^lpb e parties should note that FAA 

Order 2150.3B, which establishes standards f^i^^^pbdnant's conduct and settlement of this 

proceeding, is available on the Internet.^ See, m|li^iu}ar, chapter 6 (Legal Enforcement Actions and Legal Counsel Responsibilities); aa<J^i^?*(|t) Aj^>raidix B (Table of Sanctions), pages 

B-1—B8 (Part One - Abbreviations and DefiWi^c#) aind those portions of Part Two - Sanction 

Guidance Tables, which apply to particular aU^gpi^CH^^ot involving hazardous materials; or 

(b) Appendix C, which pertains to hazardou8^iii$d|^y|l|lcas^. Upon request of Respondent, 

Complainant shall provide Respondent a coj^y of^a|^Ucabl e referenced, provisions. 

' Further amendments are not anticipated absimt|p^||^p|iiig^|{^pf^ 14 C.F.R. § 13.214^X1) permits 

amendments at any time more than 1S days before a hic§i^0^^^mKt,c^i^provision would prevent orderly preparation for a hearing and could prevent any heariog at^j^^|^|^^|^Myg , must be giveq ^ (| ^ to ^jvance. 

§ 13.221(a). An amendmmt that might be ffled li'dajy^^P^^^^^^ul a entitle the o ^ paity iq) to 20 days in 

which to reply (§ 13.214(c)), and could generate a new^j^|^|^^^|j}ji^;.13217), mpticms (§ 13.21 j^X and discovery 

(§ 13.220), necessitating a postponement of ftehedrtcij^^^^l^ilipi^il cetera W ' 

^ See Linda Joyce Goodman, FAA Docket No. <^^^^^|j^p||fo . FAA-2004-18292, at 11 (May 30, 

1989), available at www,regu|ation;^.gov (copcliw}iaiij^l^B^)i|||i^|ii^^^ iii \i a^mey n^ustc(^d» settlement and that the Rules do not permit the Chief CtH^^^^^^^^^^^pontrol or decisionmaking in this case or 

in civil penalty cases generally so as to deny prosecii^fei^i^mS»'.'!w^::P«q)ect to settlement mi coaqiromise to 

the agency attorney as defmed in the rules"). See ala^m^mm^0K^^l^, 61 Fed. Reg. 472^#«*. 5,1996), 

which refers to facilitating the just and efBcient res(4^9i(y^p^|8n^^voiving,the tJmted States Government 

and directs Federal agencies and their litigation CK)W^i^l^P^^^M|i^ili|l<^Ie^^^^ of a 

dispute in litigation, and throughout the litigation,.. .#Wldi|^pmiiliit'p6isibilities and make reasonable efforts 

to settle the litigation." 5^e a/.;o FAA (^der 21 S0.3Bllil|ff^p|^-6^. 

' Accessed at http://rgl.faa.gov by selecting "Oit|if^^K*,^Btt "Current Orders; JBy Number," then 

"2150.3B 10/01/2007 FAA Compliance and Enforcetii^l^^i|(diK%e 1 included).<'\s 

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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 fiised together. Accordingly, parties who serve 

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

those submissions. A certificate of service, reflecting the above caption, the title of the submission, and the date and manner of service, shall be attached to each individual submission. 

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. 

5nnie A. Yo^ 

Chief Administrativj 

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FDMS No. FAA-2011-0289 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & (M»JE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2Wl000'* 

ONE C6P Y 

Alan Armstrong, Respondent's Counsel 

Alan Armstrong, Attorney at Law 

2900 Chamblee Tucker Road, 

Building 5, Suite 350 

Atlanta, GA 30341 

TEL: 770-451-0313 

FAX: 770-451-0317 

Gerald A. Ellis, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30230 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Roimie 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 efqpedited 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-430. 

K