SERVED: April 5, 2016 

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U.S. DEPARTMENT OF TRANSPORTATION . ·f·.' .:.-·.·. 

OFFICE OF HEARINGS ' . :_ ,J;_,' ::.': ,:·._' j 

In The Matter Of: 

UNITED PARCEL SERVICE CO. 

Respondent 

WASHINGTON, DC 

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Docket No. FAA-2015-4261 

Case No. 201380700189 

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ORDER GRANTING THE RESPONDENT'S MOTION FOR EXTENSION 

OF TIME AND DIRECTING/RESERVING OTHER RELIEF 

On March 4, 2016 the FAA filed its Complaint (dated March 3, 2016), with the Office of 

Hearings. 

On March 11,2016, this proceeding was assigned to the undersigned Judge. 

On March 28, 2016, the Respondent, United Parcel Service Co., filed a Motion for 

Extension of Time. 

On April4, 2016, the Respondent filed a Motion to Consolidate Proceedings and Request 

for Alternative Hearing Venue ("Motion to Consolidate"). 

A. Brief Discussion 

1) The Respondent's Motion for Extension of Time 

The Respondent's March 28, 2016 Motion for Extension of Time requests an extension 

oftime to file an answer or motion in response to the FAA's March 3, 2016 Complaint. The 

Respondent asserts that two other pending civil penalty actions; specifically cases identified as 

FAA-2016-4262 and FAA-2015-3320, are relevant to this action. On March 30,2016 both of 

these two separate actions were assigned to the undersigned. 

Pursuant to the Respondent's April4, 2016 Motion to Consolidate, the Respondent 

asserts that consolidation of the three actions for litigation would be in the interests of judicial 

economy and of both the parties. The Respondent asserts that its Answer to the Complaint in 
this case should be delayed until such tim~ as the Respondent's Motion to Consolidate all three 

actions is ruled upon. As part of the April 4, 2016 Motion to Consolidate the Respondent 

averred that the FAA counsel has stated that it has no opposition to "the requested extension of 

time" in each of the three separate cases." (Mot. Consolidate 3.) 

2) Correct Jurisdictional Caption 

In its filings, the Respondent has identified The Office of Hearings in its jurisdictional 

caption as an office within the Federal Aviation Administration ("FAA''). This is incorrect. The 

Office ofHearings is an independent adjudicative office, located within the U.S. DOT's Office 

of the Secretary, in Washington, DC. Neither this Court or any member of its staff are employees 

ofthe FAA. 

Pursuant to 14 C.F.R. § 13.16(h)-(i), and the FAA's Rules of Practice, 1 when the 

Respondent requests a hearing in an FAA civil penalty proceeding, the case is referred by the 

FAA to the Office ofHearings for independent adjudication. The FAA Administrator has 

explained that providing this independent adjudication promotes the FAA's well-established 

public goal of fair and impartial decision-making: 

[U]nder the rules of practice, the adjudication function is performed initially by 

administrative law judges employed by the Office ofthe Secretary of the 

Department of Transportation .... Under the rule's separation requirements ... 

[the judges are not] subject to the control or supervision of any [FAA] prosecutor. 

55 Fed. Reg. 27548,27551 (Jul. 3, 1990) (Discussion ofFinal Rule). 

Thus, the words "Federal Aviation Administration" should not be used to identify the 

Court in the caption. 2 While there is no doubt that the FAA is an agency within the U.S. 

Department of Transportation, it should be clearly understood that the FAA_ is a party to these 

proceedings, and that jurisdiction for this case has been assigned to the Office of Hearings, 

which is completely separate and independent from the FAA. 

1 The Rules of Practice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G. 

2 The Respondent herein is not the first to make this jurisdiction caption error. See, e.g., Jet Logistics, Inc., FAA20 13-0290, (Order Granting Protective Relief and Directing Procedural Compliance, May 29, 20 14); Endless 

Mountains Air, Inc., FAA-2013-0848, at 2 (Order Setting Motion Deadlines, Mar. 18, 2014); and Compass Systems 

& Sales, Inc., FAA-2015-2440 (Order Clarifying Court Jurisdiction and Directing Procedural Compliance in Future 

Filings, Feb. 18, 20 16). 

Page 2 of 3 
B. Conclusion 

Pursuant to 14 C.P.R. 13.205(a)(6), and after reviewing all relevant caselaw, regulations, 

statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. The Respondent's Motion for Extension of Time is granted. The Respondent's answer or 

motion in response to the March 3, 2016 Complain~ shall be due twenty (20) days after a 

ruling is issued on the Respondent's Motion to Consolidate. 

2. The Respondent's Motion to Consolidate is reserved. 

3. On or before Aprill8, 2016, the FAA shall file a Response to the Respondent's Motion 

to Consolidate. This Response should also address the venue issue. 

4. Both parties shall properly identify the Court in the jurisdictional caption of all future 

filings in this case.' The correct caption is identified on page one (1) of this Order. 

Attachment: Service List 

.Page 3 of3 
Docket No. FAA-2016-4261 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10003 

I 

Andrea Michelle Harper 

Complainant's Counsel 

Federal Aviation Administration 

Enforcement Division, Southern Team 

1701 Columbia A venue 

College Park, GA 30337 

TEL: 404-305-5200 

FAJ(: 404-305-5223 

Mr. Paul Alp 

Respondent's Counsel 

Crowell & Moring LLP 

1001 Pennsylvania Avenue, N.W. 

Washington, DC 20004 

TEL: · 202-624-2500 . 

FAJ(: 202-628-5116 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

F AJ(: 202-366-7536 

ONE COPY 

Mr. Winston E. Miller 

Respondent's Counsel 

Frost, Brown, Todd, LLC 

400 Market Street, 32"d Floor 

Louisville, KY 40202-3363 

TEL: 502-589-0296 

F AJ(; 502-58 i -1087 

Ms. Meaghan G. Byrd 

Respondent~ Counsel 

Alston & Byrd LLP 

One Atlantic Center 

1201 W. Peachtree Street 

Atlanta, GA 30309-3424 

TEL: 404-881-7245 

FAX: 404-253-8510 

3 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Cieri<, AGC-430.