## SERVED: April 5, 2016

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### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS ' . :_ ,J;_,'::.':,:·._' j
InThe Matter Of: UNITED PARCEL SERVICE CO. Respondent 

### WASHINGTON, DC ) ) ) ) ) Docket No. FAA-2015-4261 Case No. 201380700189 t t'j· ...,. r< ,...., . _jl)

ORDER GRANTING THE RESPONDENT'S MOTION FOR EXTENSION OFTIME 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 ofTime. On April4, 2016, the Respondent filed a Motion to Consolidate Proceedings and Request for Alternative Hearing Venue ("Motion to Consolidate"). 

### A. BriefDiscussion 1) The Respondent's Motion for Extension ofTime The Respondent's March 28, 2016 Motion for Extension ofTime requests an extension oftimeto file an answer or motion in response to the FAA's March 3, 2016 Complaint. The Respondent asserts that two otherpending civil penalty actions; specifically cases identified as FAA-2016-4262 and FAA-2015-3320, are relevant to this action. OnMarch 30,2016 both of these two separate actions were assigned to the undersigned. Pursuantto the Respondent's April4, 2016 Motion to Consolidate, the Respondent asserts that consolidation ofthe three actions for litigation would be in the interests of judicial economy and ofboth the parties. The Respondent asserts that its Answerto the Complaint inthis case should be delayed until such**tim~** as the Respondent's Motion to Consolidate all three actions is ruled upon. As part ofthe April 4, 2016 Motion to Consolidate the Respondent averred that the FAA counsel has stated that ithas no opposition to "the requested extension of time" in each ofthe three separate cases." (Mot. Consolidate 3.) 2) Correct Jurisdictional Caption In its filings, the Respondent has identified The Office ofHearings in itsjurisdictional 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 ofthe Secretary, in Washington, DC. Neither this Court or any member ofits staffare employees oftheFAA. Pursuant to 14 C.F.R. § 13.16(h)-(i), and the FAA's Rules ofPractice, 1 when the Respondent requests a hearing in an FAA civil penalty proceeding, the case is referred by the FAAto the Office ofHearings for independent adjudication. The FAA Administrator has explained that providing this independent adjudication promotes the FAA's well-established public goal offair and impartial decision-making: [U]nder the rules ofpractice, the adjudication function is performed initially by administrative lawjudges employed by the Office ofthe Secretary ofthe Department ofTransportation
....Under the rule's separation requirements
... [thejudges are not] subjectto the control or supervision ofany [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 FAAis an agency within the U.S. Department ofTransportation, it should be clearly understood that the FAA_ is a party to these proceedings, and thatjurisdictionfor this case has been assigned tothe Office ofHearings, which is completely separate and independent from the FAA.

1 The Rules ofPractice for this proceeding are set forth in 14 C.F.R. Part 13, Subpart G. 2The Respondent herein is notthe first to make thisjurisdiction caption error. See, e.g., JetLogistics, Inc., FAA2013-0290, (Order Granting Protective Reliefand Directing Procedural Compliance, May 29, 2014); 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, 2016). Page 2 of3

### B. Conclusion Pursuantto 14 C.P.R. 13.205(a)(6), and afterreviewing allrelevant caselaw, regulations, statutory authority, and being fully advised;



### ITIS HEREBY ORDERED:

1. The Respondent's Motion for Extension ofTime 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 onthe Respondent's Motionto Consolidate. 2. The Respondent's Motion to Consolidate isreserved. 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 inthejurisdictional caption ofall future filings in this case.' The correct caption is identified on page one (1) ofthis Order.

Attachment: Service List

.Page 3 of3Docket No. FAA-2016-4261 (Civil PenaltyAction) 

### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, 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, SouthernTeam 1701 ColumbiaAvenue 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 LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAJ(: 202-366-7536 ONE COPY Mr. Winston E. Miller Respondent's Counsel Frost, Brown, Todd, LLC 400 Market Street, 32"d Floor Louisville, KY40202-3363 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. Forservice in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Cieri<, AGC-430.