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### ·J U.S. DEPARTMENT OF

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### WASHINGTON, DC IN THE MATTEROF AEROMICRONESIA, INC. dbaASIAPACIFIC AIRLINES, INC. FAA DOCKETNO. [TO BEASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012-0468 

### ORDEROFCHIEFADMINISTRATIVE LAWJUDGE ESTABLISHING PROCEDURES· This proceeding arises from a complaint served May 11, 2012, alleging violation ofthe Federal AviationAct/Regulations, and Respondent'srequestfor hearing dated May 4, 2012. The undersigned administrative lawjudgewas assignedto thisproceedingbyNotice served May 18, 2012. The Rules ofPractice for this proceeding are setforth inPart 13, Subpart G, oftheFederal AviationRegulations (14 C.P.R. §§ 13.201-13.235 (2012)). Those rules provide, 

### interalia, thatRespondentmustfile a**~itten** 

### answer ormotionwithin 30 days after service ofthe com-

-......... 

### plaint(§ 13.209(a)); thatageneral denial is deemed a failure to file an answer(§ 13.209(e)); that failure to file an answerwithout good causeis deemed anadmission ofeach allegationinthe complaint(§ 13.209(f)); and that a party seeking an extension oftime mustfile a writtenmotion at least seven days before the documentis due, absentagreement ofthe parties or good cause shown(§ 13.213(a), (b)). To expeditethe hearing in**thi~** 

### matter, ComplainantandRespondent, onorbeforeJune 22, 2012, shall file (1) any amendment of the complaint or answer; 1 (2) an agreed or separate proposed procedural schedules, including proposed dates (i.e., specific dates, not merely numbers or days before the hearing) for (a) filing stipulations, a list of witnesses, a summary of their proposed testimony, and for (b) exchanging exhibits and discovery, if any; (3) a statement concerning the status of settlement efforts; and ( 4) a proposed hearing site and, absent agreement of the parties, a justification of the 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 of settlement and compromise of this matter. 2 In connection with such discussions, the parties should note that FAA Order 2150.3B, which establishes standards for the Complainant's conduct and settlement of this proceeding, is available on the Internet. 3 See, in particular, chapter 6 (Legai Enforcement Ac- . tions and Legal Counsel Responsibilities); and either (a) Appendix B (Table of Sanctions), pages B-1-B8 (Part One- Abbreviations and Definitions) and those portions of Part 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 of Respondent, Complainant shall provide Respondent a copy of the applicable referenced provisions. -,'f\·· 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 a hearing, utilization of that provision would prevent orderly preparation for a hearing and could prevent any hearing at all, because notice of a hearing must be given 60 days in advance. § 13.22l(a). An amendment that might be filed 15 days prior to the hearing would entitle the other party up to 20 days in which to reply(§ 13.214(c)), and could generate a new. round of schedules(§ 13.217),motions (§ 13.218), and discovery (§ 13.220), necessitating a postponement of the hearing, a new 60-day notice, etcetera ad infinitum. 2 See Linda Joyce Goodman, FAA Docket No. 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 permit the Chief Counsel 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. Order No. 12,988,61 Fed. Reg. 4729 (Feb. 5, 1996), which refers to facilitating the just and efficient resolution of civil claims involving the United States Government

and directs Federal agencies and their litigation counsel to, "as soon as practicable after ascertaining the nature of a dispute in litigation, and throughout the litigation, ... evaluate settlement possibilities and make reasonable efforts to settle the litigation." See also FAA Order 2150.3B at paragraph 6-2. 3 Accessed at http://rgl.faa.gov by selecting "Orders/Notices/' then "Current Orders; By Number," then "2150.3B," then "2150.3B _ CHG3 _Incorporated .. pdf." ." -2-

-\) <' !i,,#' Submissions sentto the street address ofthe U.S. Department ofTransportation, Office of Hearings, byregularmail may be delayedup to four weeks due to postal screening, and may be "irradiated,"whichmay result inpages beingfused together. Accordingly, parties who serve submissions onthe Judge byregularmail should also fax, express carrier, orpersonally deliver those submissions. A certificate ofservice, reflectingthe above caption (includingthe FDMS number), the title ofthe submission, and the date andmanner ofservice, shall be attached to each . individual submission. Compromisemay be effectedwithorwithout a finding ofviolation (§ 13.16(n)). Each party's filing shall include atelephone numberwhere theparty canbereached bythe 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 2W1 000 4 ONE COPY Michael R. Quinn, President Aero Micronesia, Inc. dba Asia Pacific Airlines, Inc., Respondent

156 Diablo Road, Suite 203 Danville, CA 94526 TEL: 925-362-4430 F AJt': 925-362-4432 Don Bobertz, Complainant's Counsel Office ofthe Regional Counsel, AWP-7 PO.Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-3454 FAX: 310-725-6816

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge U.S. Department ofTransportatign Office of Hearings, M-20

1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536

FDMS NO. FAA-2012-0468 (Civil Penalty Action) 4 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 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. -4-

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