### Served: April 5, 2016 

### U.S. DEPARTMENT OF TRANSPORTATIONJ.: ,,-
·-' '. :' 1 ' 

### OFFICE OF HEARINGS -' '/· ·- ' WASHINGTON, DC InThe Matter Of: DocketNo. FAA-2015-3320 UNITED PARCEL SERVICE, INC. ) ) ) ) ) Case No. 2012S0700374 Respondent
ORDER GRANTING THE RESPONDENT'S MOTION FOREXTENSION OF TIME AND DIRECTING/RESERVING OTHERRELIEF On March 16,2016 the FAA filed its Complaint (dated March9, 2016), with the Office ofHearings. OnMarch 30, 2016, this proceeding was assigned to the undersigned Judge. OnApril4, 2016, the Respondent, United Parcel Service Company,1 filed an Unopposed Motion for Extension ofTime. OnApril4, 2016, the Respondent filed a Motion to Consolidate Proceedings and Request for Alternative Hearing Venue ("Motion to Consolidate"). BriefDiscussion 1) The Respondent's Motion for Extension ofTime The Respondent's April4, 2016 Unopposed Motion for Extension ofTime requests an extension oftime to file an answer or motion in response to the FAA'sMarch 9, 2016 Complaint. The Respondent asserts that two other pending civil penalty actions; specifically cases identified as FAA-2016-4261 and FAA-2015-4262, are relevant to this action. OnMarch
\

1The FAA Hearing Docket has identified this action under the name ofUnited Parcel Service, Inc., likely because that is how it was referenced bythe FAA attorney in its March 16, 2016 Letter to the Hearing Docket. However, the underlying Complaint identifies the Respondent as United Parcel Service Company. This inconsistency will need to be addressed and clarified by the parties and the Court.11,2016,**FAA~2016~4261** was assigned to the undersigned Judge. Shortly thereafter, onMarch 30,2016, FAA-2015-4262 was assigned to the undersigned. Pursuant to the Respondent's April4, 2016 Motion to Consolidate, the Respondent asserts that**con~olidation** ofthe three actions for litigation would be in the interests of judicial economy and ofboth the parties. Aspart ofthe April4, 2016 Unopposed Motion for Extension the Respondent asserts that its Answerto the Complaint in this case should be delayed until such time as the Respondent's Motion to**Consolidat~** on all three.actions is ruled upon. The Respondent also avers that the FAA counsel has statedthat it has no opposition to "therequested extension oftime" in each ofthe three separate cases." (Unopposed Mot. 2.) 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. Neitherthis Court or·any member ofits staffare employees ofthe FAA. Pursuant to 14 C.F.R. 

### § 13.16(h)-(i), and the FAA's Rules ofPractice,2 whenthe Respondent requests a hearing 

### in an FAA civilpenalty proceeding, the case is referred bythe FAA to the Office ofHearings for independent adjudication. The FAA Administratorhas**~xplained** thatproviding this independent adjudication promotes the FAA's well-established public goal offair and impartial decision-making: [U]nderthe rules ofpractice, the adjudication function is performed initially by administrative lawjudges employed bythe Office ofthe Secretary ofthe Department ofTransportation
....Underthe rule's separation requirements
... [thejudges are not] subject to the control or supervision ofany [FAA] prosecutor. 55 Fed. Reg. 27548,27551 (Jul. 3, 1990) (Discussion ofFinal Rule).

2 The Rules ofPractice for this proceeding are set forth in.14 C.F.R. Part 13, Subpart G.Thus, the words "Federal Aviation Administration" should not be used to identify the Court in the caption. 3 While there is no doubt that the FAA is an agency within the U.S.· Department ofTransportation, it should be clearly understood that the FAA is a party to these proceedings, and thatjurisdiction for this case has been assigned to the Office ofHearings, which is completely separate and independent from the FAA. 

### B. Conclusion Pursuant to 14 C.F.R. 13.205(a)(6), and after reviewing all relevant caselaw, regulations, statutory authority, and being fully advised;



### IT IS HEREBY ORDERED: 1. The Respondent's Motion for Extension ofTime is granted. The Respondent's answer or motion in response to the March 9, 2016 Complaint shall be due twenty (20) days after a ruling is issued on the Respondent's Motion to Consolidate. 2. The Respondent's Motion to Consolidate is reserved. 3. 

### On or before April18, 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 in thejurisdictional caption ofall future filings inthis case. The correct caption is identified on page one (1) ofthis Order.

J:,.aw Judge Attachment: Service List

3 The Respondent herein is not the first to make thisjurisdiction caption error. See, e.g., JetLogistics, inc., FAA20 13-0290, (Order Granting Protective Reliefand Directing Procedural Compliance, May 29, 20 14); Endless · Mountains Air, Inc., FAA-20 13-0848, at 2 (Order Setting Motion Deadlines, Mar. 18, 2014); and Compass Systems & Sales, inc., FAA-2015-2440 (Order ClarifYing CourtJ\}risdiction and Directing Procedural Compliance in Future Filings, Feb. I8, 2016). ·

### DocketNo.**FAA~2015-3320** 

### (Civil Penalty Action) 

### SERVICELIST- 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-Suite2W10001



### Mr. Ryan Landers Complainant's Counsel 

### Federal Aviation Administration Enforcement Division, Southern Team 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223


### Mr. Paul Alp Respondent's Counsel 

### CROWELL & 

### MORING LLP 1001 Pennsylvania Avenue, N.W. Washington, DC 20004 TEL: 202-624-2500 FAX: 202-628-5116
Judge J.E. Sullivan US. Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation
· 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY 

### Mr. Winston E. Miller Respondent's Counsel 

### Frost, Brown, Todd, LLC 400 Market Street, 32ndFloor Louisville, KY40202-3363 TEL: 502-589-0296 FPC(: 502-581-1087

Ms. Meaghan G. Byrd Respondent's Counsel 

### Alston & 

### Byrd LLP One Atlantic Center 1201 W. Peachtree Street Atlanta, GA 30309-3424 TEL: 404-881-7245 FAX: 404-253-8510

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.