SERVED: MAY 21, 2012 

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U.S. DEPARTMENT OF TRANSPO.RTATION;;;·~.,~!::r (;:;Pr:R~-~J.OIU'.{~: c:~ OFFICE OF HEARINGS ·.· .. j ''·· • '·' L ,1\ .· l '<I) 

WASHINGTON, DC 

IN THE MATTER OF 

AERO MICRONESIA, INC. dba ASIA PACIFIC AIRLINES, INC. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2012-0468 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

ESTABLISHING PROCEDURES· 

This proceeding arises from a complaint served May 11, 2012, alleging violation of the 

Federal Aviation Act/Regulations, and Respondent's request for hearing dated May 4, 2012. The 

undersigned administrative law judge was assigned to this proceeding by Notice served May 18, 

2012. 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, ofthe Federal Aviation Regulations (14 C.P.R. §§ 13.201-13.235 (2012)). Those rules provide, inter alia, 

that Respondent must file a ~itten answer or motion within 30 days after service of the com-

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plaint(§ 13.209(a)); thata 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 of each allegation in the 

complaint(§ 13.209(f)); and that a party seeking an extension of time must file a written motion 

at least seven days before the document is due, absent agreement of the parties or good cause 

shown(§ 13.213(a), (b)). 

To expedite the hearing in thi~ matter, Complainant and Respondent, on or before 
June 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. 

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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." 

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Submissions sent to the street address of the U.S. Department of Transportation, Office of 

Hearings, by regular mail may be delayed up to four weeks due to postal screening, and may be 

"irradiated," which may result in pages being fused together. Accordingly, parties who serve 

submissions on the Judge by regular mail should also fax, express carrier, or personally deliver 

those submissions. A certificate of service, reflecting the above caption (including the FDMS 

number), the title of the submission, and the date and manner of service, 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. 

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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 0004 

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. 

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