.SERVED JANUARY 25, 2010 

U.S. DEPARTMENT OF TRANSPORTATION OF 

. OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 


ICELANDAIR, 


Respondent. 


FAA DOCKET NO. CP09EA0024 


(Civil Penalty Proceeding) 


DMS NO. F AA-2009-0842 


ADMINISTRATIVE LAW JUDGE'S DECISION GRANTING . 


COMPLAINANT'S MOTION FOR DECISION 


On November 9, 2009,the Complainant Federal Aviation 

Administration (FAA) filed a motion for decision. The gravamen ofthe 

motion was the Respondent's failure to file an answer to the complaint 

within the 30-day period allowed under section 13.209(a). The complaint 

had been filed on September 8, 2009; hence, on the date the FAA submitted 

its motion, the answer was more than 30 days overdue. 

On November 17,2009, I issued an order to show cause, giving the 

Respondent the opportunity to show "good cause" for its failure to file a 

timely answer. An attorney claiming to be the one-man General Counsel for 

the Respondent in the Americas submitted an affidavit in response to the 

shoyv-cause order. In it, he indicated that he "has no recollection of 

receiving predicate notices relating to the instant Civil Penalty proceeding." 

In addition, he said that he and his mother had been ill during some 

undefined period oftime resulting in "unexpected extended absences" from 

his office. 

Neither ofthese excuses constitutes ~'good cause." The claim that the 

Respondent'scounsel did not receive the FAA's submissions is palpably 

. untrue. In its reply to his affidavit, the FAA exhibited copies ofPostal 

receipts proving that he received the Notice ofProposed Civil Penalty and a 

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copy of the FAA's Final Notice ofProposed Civil Penalty. In addition, this 

attorney's signature is found on the Respondent's request for a hearing. The 

fact ofthe matter is that he was involved in this proceeding from its outset. 

There appears to be no reason why counsel for the Respondent could not 

have contacted either the FAA or the administrative law judge and asked fott 

more time to submit an answer on behalf ofhis client. 

He did not do so and, as a result, the Respondent must pay the price 

for his neglect. 

Under the Procedural Rules that govern this case, 14 C.F .R. § 

13.209(f), the failure to file a timely answer without good cause f~shall be 

deemed an admission ofthe truth of each allegation contained in the 

complaint" . 

The complaint contains allegations which, if deemed true, would 

make the Respondent liable for. a civil penalty in the amount of $65,000 for 

violation of 'Certain of the Hazardous Materials Regulations ofthe 

Department, 49 C.F.R. §§ 175.3, 175.30(a). In consideration ofthe 

foregoing, IT IS ORDERED that ­

A. Respondent, Icelandair, is liable to the United States of America, as 

represented by the F ederal Aviation Administration for a civil penalty 

in the amount of sixty-five thousand dollars ($65,000); 

B. The amount for which the Respondent has been found liable herein 

shall be paid to the Federal Aviation Administration forthwith; and 

C. The hearing scheduled for February 12,2010 is cancelled. 

hy.)L·

Isaac D. Benkin 

Administrative Law Judge 
-

FAA Docket No. CP09EA0024 

(Civil Penalty Action) 

SERVICE LIST 

.., 

, 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 2WlO001 

ONE COPY 

Jonathan Fuchs, Respondent's Counsel' 

908 4th Avenue 


Brooklyn NY 11232 


TEL: 718-788-5052 


FAX: 718-965-4017 

Icelandair, Respondent 


101 Reykjavik Airport 


Reykjavik, Iceland 


Mary Madeline McCarthy, Complainant's Counsel 


Deputy Regional Counsel 


NEastern Region 


Federal Aviation Administration 


1 Aviation Plaza 


Jamaica, NY 11434 


TEL: 718-553-3285 


FAX: 718-995-5699 


The Honorable Isaac D. Benkin, Administrative Law Judge 


Office ofHearings, M-20 


U.S. Department of Transportation 


1200 New Jersey Avenue, S.E. 


East Building Ground Floor, Room E12-320 


Washington, DC 20590 


TEL: Attorney 202-366-0437 


Legal Assistant 202-366-2132 


FAX: 202-366-7536 


I 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 Clerk., AGC-430.