### UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC In the Matter of: CORNERSTONE AVIATION, INC. DocketNos. Not Assigned FDMS Nos. FAA-2011-0481, FAA-2011-0484, FAA-2011-0489 1 Served: January 3, 2013 

### ORDER (];RRATUMi The order in this case dated December 27, 2012, was numbered incorrectly as FAA Order No. 2012-12. The correct order number is FAA OrderNo. 2012-13. Please discard the incorrectly numbered order and replace it withthe attached, correctly numbered order: MICHAEL P. HUERTA ADMINlSTRA TOR Federal AviationAdministration

# ~L1~lw\r**~** f"VICKI S. LEEMON' 

### '1::1 Manager, Adjudication Branch

1 Generally, materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available for viewing at http://www.regulations.gov. 14 C.F.R. 

### § 13.210(e)(l). 2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the rules ofpractice, and other infonnation, are available on the Internet atthe following address: www.(aa.gov/about/of{ice orf!/headquarters offices/age/pol adjudication/AGC400/Civil _Penalty/. See 14 C.F.R. § 13.210(e)(2). In addition, Thomson Reuters/WestPublisbing publishes Federal Aviation Decisions. Finally, the decisions are availablethrough LEXIS (TRANS libt·my) and WestLaw (FTRAN-FAA database). For additional information, seethe Web site.

3 Issued under authority delegated to the ChiefCounsel and the Assistant ChiefCounsel for Litigation by memorandum dated October 27, 1992, under 49 U.S.C. 

### § 322(b) and 14 C.F.R. § 13.202 (see 57 Fed. Reg. 58,280 (1992)) and redelegated by the Assistant ChiefCounsel for Litigationtothe Manager, Adjudication Branch, by Memorandum dated August 6, 1993.

### UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC In the Matter of: CORNERSTONE AVIATION, INC. FAA Order No. 2012-13 DocketNos. NotAssigned FDMS Nos. FAA-2011-0481, FAA-2011-0484, FAA-2011-0489 1 

### Served: December 27, 2012 

### ORDERDISMISSING APPEAL2 

### On August 27, 2012, Administrative Law Judge ("ALJ") Richard C. Goodwin issued a written initial decision assessing Respondent Cornerstone Aviation, Inc. a $6,500 civil penalty. On September 6, 2012, ComplainantFAA filed a notice ofappeal from the ALJ's decision. Underthe Rules ofPractice, Complainanthad a total of55 days to perfect its appeal by filing an appeal brief- 

### i.e., Complainanthad 50 days from the ALJ's decision under 14 C.F.R. 

### § 13.233(c), plus 5 additional days under the "mailing rule" in 14 C.P.R. 

### § 13.2ll(e). Fifty-five days from the ALJ's decision dated August 27, 2012, was October 22, 2012. Thus, the deadline for Complainantto perfectits appeal byfiling an appeal brief was October22, 2012.

1

### Generally, materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available for viewing at http://www.regulations.gov. 

### 14 C.P.R. § 

### \3.2\0(e)(\).

2 

### The Administrator's civil penalty decisions, along with indexes ofthe decisions, the rules ofpractice, and other information, are available on the Internet atthe following address: www.(aa.gov/aboutlotfice orglheadquorters oljices!agc!pol adjudication!AGC400/Civil _Penalty/. See 

### 14 C.F.R. § 

### 13.210(e)(2). In addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw (FTRAN-FAA database). For additional information, see the Web site.Complainanthas failed to perfect its appeal by filing an appeal brief. Accordingly, Complainant's appeal is subjectto dismissal under 14 C.P.R. 

### § 13.233(d)(2).3 

### THEREFORE, ITIS ORDERED THAT: Complainant's appeal is dismissed. MICHAEL P. HUERTA ADMINISTRATOR Federal Aviation Administration

# ~~~~**~ICKI** S. LEEMON4 Manager, Adjudication Branch

3 Section 13.233(d)(2) provides: TheFAA decisionmaker [the Administrator] may dismiss an appeal, on the FAA decisionmaker's own initiative or upon motion ofany otherparty, where a party has filed a notice ofappeal butfails to perfect the appeal by timely filing an appeal briefwith the FAA decisionmaker.

4 Issued under authority delegated to the ChiefCounsel andthe Assistant ChiefCounsel for Litigation bymemorandum dated October 27, 1992, under49 U.S.C. § 322(b) and 14 C.F.R. § 13.202 

### (see 57 Fed. Reg. 58,280 (1992)) and redelegated by the Assistant ChiefCounsel for Litigation to the Manager, Adjudication Branch, by Memorandum dated August 6, 1993. 

### 2