.SERVED JANUARY 25, 2010 U.S. DEPARTMENT OF TRANSPORTATION 

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. OFFICE OF HEARINGS WASHINGTON, DC
IN THE MATTER OF ICELANDAIR,

Respondent. FAADOCKETNO. CP09EA0024 (Civil Penalty Proceeding) DMS NO. FAA-2009-0842
ADMINISTRATIVE LAW JUDGE'S DECISION GRANTING
. COMPLAINANT'S MOTION FORDECISION OnNovember 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 withinthe 30-day period allowed under section 13.209(a). The complaint had been filed on September 8, 2009; hence, onthe date the FAA submitted its motion, the answer was more than 30 days overdue. OnNovember 17,2009, I issued an orderto 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 inthe 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 thathe and his motherhad 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 thathe received the Notice ofProposed Civil Penalty and a

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copy ofthe FAA's Final Notice ofProposed Civil Penalty. In addition, this attorney's signature is found onthe 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 eitherthe FAA orthe administrative lawjudge and asked fott more time to submit an answer on behalfofhis client. He did not do so and, as a result, the Respondent must pay the price for his neglect. Underthe 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 ofeach allegation containedinthe complaint"
. The complaint contains allegations which, ifdeemed true, would make the Respondent liable for. a civil penalty in the amount of $65,000 for violation of 'Certain ofthe 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 ofAmerica, as represented by the Federal Aviation Administration for a civil penalty in the amount ofsixty-fivethousand 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. 

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Isaac D. Benkin Administrative Law Judge

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FAA Docket No. CP09EA0024 (Civil Penalty Action) SERVICE LIST



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, ORIGINAL & ONE COPY
Federal Aviation Administration 800 Independence Avenue, 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 BrooklynNY 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 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3285 FAX: 718-995-5699 The Honorable Isaac D. Benkin,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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 inperson orby 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.