UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

APR 2 9 20\3 

IN THE MATTER OF ~~AR\NG DOCKET 

JOHN CROFT 

FAA DOCKET NO. 2012-AWA-CPP-13423 

(Civil Penalty Action) 

DMS NO. FAA-2012-0903 

COMPLAINANT'S REQUEST FOR EXPEDITED CONSIDERATION 

On April4, 2013, the Complainant moved for a decision as to sanction. Respondent was 

served with this motion by certified mail, return receipt requested. Under§§ 13.21l(e) and 

13.218(d) of the Rules of Practice, Respondent had until Friday, Aprill9, 2013, in which to 

submit his response. To date, the Agency has not received a response. A check today with the 

US Postal Service's on-line tracking function indicates no information regarding delivery is 

available. Past experience indicates this means the recipient has not yet claimed the envelope 

containing the motion. Indeed, Respondent did not claim the envelope containing the 

Complainant's Motion for Decision as to the Violations that was served on February 19, 2013, 

and no information was available on-line until the envelope was .returned to Complainant on 

March 14,2013. 

The hearing in this. matter is currently set to begin at 9:00a.m. on Wednesday, May 1, 2013, 

in Sitka, Alaska. The costs to the Agency, both direct and man-hours, in convening the hearing 

as scheduled are substantial. Airfare, alone, is over $500 for the round trip from Anchorage. Per 

1 
diem, hotel costs, and significant salary dedications for agency counsel all add up to an 

unreasonable burden if a hearing is unnecessary. Since requesting a hearing, Respondent has 

done nothing to indicate he is even planning to attend. He did not file an answer even though the 

requirement for it and consequences of not filing one are set out in the complaint and the law 

judge's procedural order; he did not claim or respond to the Complainant's Motion for Decision 

regarding the violations or the law judge's subsequent Order to Show Cause, which warned 

Respondent that his failure to comply could result in his request for a hearing being dismissed 

and/or a default judgment in the full amount of the requested civil penalty; and he has now failed 

to respond to the Complainant's Motion for Decision as to Sanction. Under these circumstances, 

it appears extremely unlikely that Respondent will show up for the hearing. 

Consistent with § 13 .218( e )(2) of the Rules of Practice, the Complainant asks for a ruling 

forthwith on its Motion for Decision Regarding Sanction. Alternatively, if a ruling carmot be 

made prior to the hearing, Complainant moves either for an Order continuing the hearing until a 

ruling can be made or for an Order authorizing Complainant to appear via telephone. 

Respectfully submitted this the 22"d day of April 2013. 

HOWARD L. MARTIN, JR 

Regional Counsel 

By:jjl(i_ 

Glenn H. Brown 

Senior Attorney 

2 
CERTIFICATE OF SERVICE 

Re: John Croft 

FAA Docket No. 2012-AWA-CPP-13423 

DMS No. FAA-2012-0903 

I hereby certify that on this date I have served a copy of the Complainant's Request for 

Expedited Consideration by facsimile transmission and by postage-prepaid, certified mail, return 

receipt requested, as indicated to the following: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20; 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

FAX: (202) 366-7536 

John Croft (via regular and certified mail only) 

134 Lincoln Street 

Sitka, AK 99835 

I further certify that on this date I have served the original of the Complainant's Request for 

Expedited Consideration by postage-prepaid, certified mail, return receipt requested, addressed 

as follows: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

DATED: :201.3 

Federal Aviation Administration 

Office of Regional Counsel 

222 West 7th Avenue, Box 14, AAL-7 

Anchorage, Alaska 99513-7587 

3