### SERVED: DECEMBER21, 2012
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

WASHINGTON, DC
IN THE MATTER OF TRANS TIME EXPRESS FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012-1260


### OIWER OF CHIEF ADMINISTRATIVE LAW JUnGE ESTABLISHING PROCEDURES Thisproceeding arises from a complaint served December 1 0, 2012, alleging**vi~lations** ofthe Federal Aviation Act/Regulations, and Respondent's request for hearing datedNovember ' ' 18, 2012
.. The undersigned administrative lawjudge was assigned to this proceeding byNotice served December 18,2012. The Rules ofPractice for this proceeding are set forth in Part 13, Subpart G, ofthe Federal Aviation Regulations (14 C.F.R. §§ 13.201-13.235 (2012)). Those rules provide, 

### inter alia,

. ' that Respondent must file a written answer or motion within 30 days after service ofthe complaint(§ 13.209(a)); that a general denial is deemed a failure to file an answer(§ 13.209(e)); that failure to file an answer without good·cause is deemed an admission ofeach allegation inthe complaint(§ 13.209(f)); and that a party seeking an extension oftime must file a written motion at least seven days before-the document is due, absent agreement ofthe parties.or good cause shown(§ 13.213(a), (b)). To expedite the hearing inthis matter, Complainant and Respondent, on or beforeJanuary 22,2013, shall file (1) any amendment ofthe complaint or answer; 1 (2) an agreed or separate proposed procedural schedules, including proposed dates 

### (i.e., specific dates, notmerely numbers or days before the hearing) for (a) filing stipulations, a list ofwitnesses, a suminary of ·theirproposed testimony, and for (b) exchanging exhibits and discovery, ifany; (3) a statement

concerning the status ofsettlement efforts; and (4) a proposed hearing site and, absent agreement ofthe parties, ajustification ofthe proposed site. 

### See 14 C.F.R. 

### § 13.217. Under FAA Order 2150.3B (Oct. 1, 2007) and the Rules governing these proceedings, Complainant and Respondent should continue to consider the possibility ofsettlement and compromise ofthis matter.2 Inconnection with such discussions, the parties should note that FAA Order 2150.3B, which establishes standards for the Complainant's conduct and settlement ofthis proceeding, is available onthe Internet. 3 See, inparticular, chapter 6 (Legal Enforcement Actions and Legal Counsel Responsibilities); and either (a) Appendix B (Table ofSanctions), pages B-1-B8 (Part One -Abbreviation,s and Definitions) and those portions ofPart Two- Sanction Guidance Tables, which apply to particular allegations not involving hazardous materials; or (b) Appendix C, which pertains to hazardous materials cases. Upon request.ofRespondent, Complainant shall provide Respondenta copy orthe applicable**referen<~ed** provisions.

1 Further amendments are not anticipated absent good cause shown. Though 14 C.F.R. § 13.214(b)(l)permits amendments at any time more than 15 days before ahearing, utilization ofthatprovision wouldpreventorderly preparation for ahearing and could prevent any hearing at all, because notice ofahearing mustbe given 60 days in advance. § 13.221(a). An amendmentthat might be filed 15 days priorto the hearing would entitle the otherparty up to 20 days in which to reply(§ 13.214(c)), and could generate anewround ofschedules(§ 13.217), motions(§ 13.218), and discovery (§ 13.220), necessitating apostponementofthe hearing, anew 60-day notice, etcetera adinfinitum. 2 See Linda Joyce Goodman, FAA DocketNo. CP89WP0061, DMS No. FAA-2004-18292, at 11 (May 30, 1989), available at www.regulations.gov (concluding that "the prosecuting agency attorney must consider settlement and that the Rules do not permitthe ChiefCounsel to exercise policy control or decisionmaking in this case or in civil penalty cases generally so as to deny prosecutorial discretion with respect to settlement and compromise to the agency attorney as defined in the rules"). See also Exec. OrderNo.12,988, 61 Fed. Reg. 4729 (Feb. 5, 1996), which refers to facilitating thejust and efficient resolution ofcivil claims involving the United States Government and directs Federal agencies and their litigation counsel to, "as soon as practicable after ascertaining the nature ofa dispute in litigation, and throughout the litigation,
.. , evaluate settlementpossibilities and make reasonable efforts to settle the litigation." See also FAA Order 2150.3B at patagraph 6-2. 3 Accessed at http://rgl.faa.gov by selecting "Orders/NotiCes," then "Current Orders; By Number," then "2150.38," then ''2150.3B_CHG3_Incorporated
..pdf." · 

### -2-Submissions sent to the street address ofthe U.S. Department ofTransportation, Office of Hearings, byregular mail may be delayed upto four weeks due to postal screening, and may be "irradiated," whichmay result inpages being fused together. Accordingly, parties who serve submissions on the Judge by regular mail should also fax, express carrier, orpersonally deliver those submissions. A certificate ofservice, reflecting the above caption (including the FDMS number), the title ofthe submission, and the date and manner ofservice, shall be attached to each individual submission. Compromise may be effected with or without a finding ofviolation(§ 13.16(n)). Each party's filing shall include a telephone number where the party can be reached by the Judge for prehearing telephone conferences. 

### SO ORDERED.



### -3-SERVICE LIST ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10004



### CameronNiakan, Respondent's Counsel 

### 10101 Grosvenor Pl. #620 Rockville, MD 20852 TEL: 202-276-4726 FAX: (None Provided) EMAIL: cn@Niakanlaw.com Charles Raley, Complainant's Counsel 

### Sabrina Jawed, Complainant's Counsel 

### Enforcement Division, AGC-300 Office ofthe ChiefCounsel, FAA 800 Independence Avenue, S.W. Washington, DC 20591 TEL: 202-267-3357 FAX: 202-267-5106 The Honorable Ronnie 

### A. Yoder, Chief Administrative LawJudge 

### U.S. Department ofTransportation Office ofHearings, M-20 ONE COPY



### 1200 New Jersey Avenue, S.R (Ell-310) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536 FDMS NO. FAA-2012-1260 (Civil Penalty Action)

4 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. -4-