UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# RECEIVED APR 2920\3 IN THE MATTER OF

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# DOCKET JOHN CROFT FAA DOCKETNO. 2012-AWA-CPP-13423 (Civil Penalty Action) DMS NO. FAA-2012-0903

COMPLAINANT'S REQUEST FOREXPEDITED CONSIDERATION OnApril4, 2013, the Complainant moved for a decision as to sanction. Respondent was served with this motionby certified mail, return receipt requested. Under§§ 13.21l(e) and 13.218(d) ofthe Rules ofPractice, Respondent had until Friday, Aprill9, 2013, inwhichto submit his response. To date, the Agency has not received a response. A check today withthe 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 onFebruary 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

1diem, hotel costs, and significant salary dedications for agency counsel all add up to an unreasonable burden ifa 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 eventhough the requirement for it and consequences ofnot filing one are set out inthe complaint and the law judge'sprocedural order; he did not claim or respond to the Complainant's Motion for Decision regarding the violations orthe lawjudge's subsequent Order to Show Cause, whichwarned Respondent that his failure to comply could result in his request for a hearing beingdismissed and/or a defaultjudgmentin the full amount ofthe 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 showup for the hearing. Consistent with § 13.218(e)(2) ofthe Rules ofPractice, the Complainant asks for a ruling forthwith on its Motion for Decision Regarding Sanction. Alternatively, ifa ruling carmot be made prior to the hearing, Complainant moves either for an Order continuing the hearing until a ruling canbe made or for an Order authorizing Complainantto appear viatelephone. Respectfully submitted this the 22"d day ofApril 2013. HOWARD L. MARTIN, JR Regional Counsel
By:jjl(i_ Glenn H. Brown Senior Attorney

2CERTIFICATE OF SERVICE Re: John Croft FAA DocketNo. 2012-AWA-CPP-13423 DMS No. FAA-2012-0903 I hereby certifythat onthis date I have served a copy ofthe Complainant's Request for Expedited Consideration by facsimile transmission and bypostage-prepaid, certified mail, return receipt requested, as indicated to the following: The Honorable Richard C. Goodwin Office ofHearings, M-20; U.S. Department ofTransportation 1200New Jersey Avenue, S.E. EastBuilding 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 onthis date I have served the original ofthe Complainant's Request for Expedited Considerationbypostage-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: 

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Federal Aviation Administration Office ofRegional Counsel 222 West 7thAvenue, Box 14, AAL-7 Anchorage, Alaska 99513-7587

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