01/08/2013 11:19 2023313933 KIRSTEIN&VOUNGPLLC 

U.S. DEPARTMENT OF TRANSPORTATION · .. 

FEDERAL AVIATION ADMINISTRATIO~ .. 

), 

In the Matter of: ) FDMS No. FAA-2012-0468 

) 

Ae.-o Micronesia, Inc. 

dba Asia Pacific Airlines 

Respondent 

) FAA Docket No.: [To be Assigned] · 

) 

) 

) 

TO: THE HONORABLE RICHARD C. GOODWIN 

MOTION FOR RECONSIDERATION OF HEARING LOCATION 

PAGE 02/05 

i: i! 0 

By order dated January 2, 2013, ~hief Administrative Law Judge Ronnie A. Yoder 

detennined that the hearing in the above captioned case should be held in either Honolulu, HI or 

Los Angeles, CA and reassigned these proceedings to Administrative Law Judge Richard C. 

Goodwin. Respond'ent Aero Micronesia, Inc., through its counsel, hereby ll.toves for 

reconsideration of the hearing site as the testimonies of two of Complainant's proposed 

witnesses are unnecessary. For the convenience of Respondent's witn~sses and colUlsel, · · 

Respondent respectfully requests that the hearing location be set. in Washington, D.C. In support 

thereof Respondent states as follows: 

1. By Answer dated June 15, 2012 in the above captioned case, Respondent admitted to 

the allegations contained in paragraph 3 of the Complaint.1 That paragraph stated: 

The weight of the [aircraft engine] was not distributed 

across zones 7. 8, and 9 but was il1stead limited to zone 8? 

1 Answer at 1 (June 1.5, 2012) 

z Complaint at 2 (May 11, 2012). 

1 
01/08/2013 11:19 2023313933 

In re Aero Micronesia 

FDMS No. FAA-2012-0468 

FAA Docket No.: To Be Assigned 

KIRSTEIN&YOUNGPLLC 

2. On November 30, 2012, Complainant filed .a proposed witness list in the above 

PAGE 03/05 

captioned case, identifying Mr. Keith Benney and Mr. Robert Valdez as potential · 

witnesses in this prooeeding.3 Complai:nm1t states that both witnesses will testify that 

the weight 'of the engine was confined to a single loading zone in the aircraft.4 

3. Mr. Robert Valdez passed away last year. 

4. Mr. Keith Bermoy's testimony is 'l.m:necessary because, as explained in no. 1 above, 

Respondent has already stipulated that the weight of the engine was confined to a 

single loading zone. 

5. The convenien~e ·of above-mentioned witnesses should be disregarded in determining 

a hearing location; 

6. The remaining witnesses in this and the companion case, FAA-2012-0469, are Mr. 

Clarence Kanae, Mr. Michael .Quinn, and Mr. Richard Gazda. 

7. ·Mr. Kanae is an FAA employee who resides in Hawaii but who has traveled to the 

East Coast for work on numerous occasions, including in relation to Aero Micronesia 

inspections. Accordingly, a hearing in Washington~ D.C. would not be a significant 

burden on Mr. Kanae. 

8. Mr. Richard Gazda is not an. Aero Micronesia employee, but rather an independent 

contractor. He resides iu central Florida near Orlando. Accordir:tgly, a hearing in 

Washington, D.C. would be convenient for Mr. Gazda whereas traveling to Califom.ia 

or Hawaii would be a significant burden on both Mr. Gazda and Aero Micronesia. 

3 Complainant's Proposed_Witn~ss List at l-2 (Nov. 30, 2012). 4 Jd. 
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In re Aero Micronesia 

FDMS No. F AA-2012-0468 

FAA Docket No.: ·To Be Assigned 

KIRSTEIN&VOUNGPLLC PAGE 04/05 

9. Mr. Qui:on prefers that the hearing be held in Washington, D.C. where his regulatory 

attorney is based. 

Accordingly, because Washington, D.C. is a more convenient'hearing location for two of 

the three remaining witnesses in these cases, the balance of regulatory considerations no longer 

favors a hearing in Honolulu or Los Angeles. 5 Therefore, Respondent respectft:tlly moves for the 

hearing in this proceeding to he held in Washington, D.C. 

Respectfully submitted, 

Dated; January 8; 2013 

:sln detenn.ini.ng the locatjon oftbe heari:o.g, an Hadministrative law judge shall give due regard to t11e convenience of 

tb.e pruties. tlle location where the majority of the witnesses reside or work, and whether the locatio;n is served by a 

scheduled ait carrier." 14 C.F.R. § 13.22l(b). 
i ' 

01/08/2013 11:19 2023313933 

In re Aero Micronesia 

FDMS No. FAA~2012M0468 

KIRSTEIN&YOUNGPLLC 

FAA Docket No.: To !3e Assigned 

CERTIFICATE OF SERVICE 

PAGE 05/05 

I certify that on this date I have placed in the United States mail, postage prepaid, the 

executed original and one copy of this Motion, and faxed one copy, addressed as follows: 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 00 

fax: (202) 493~5142 

I certify that on this date I have placed in the United States mail, postage prepaid, a true 

copy of this Motion, ab.d faxed one copy, addressed as follows: 

Don Bobertz, Complainant's Counsel 

Office of the Regional ColUlsel, A WP-7 

POBox92007 

Los Angeles, CA 90009-2007 

fax: 310-725-6816 

Dated: January 8, 2013 

.__--.c .. a 1d K' tein 

Kirste. & Young, PLLC 

1750 K Street NW, Suite 200 

Washington, DC 20006 

Counsel for Respondent~ Aero Micronesia~ Inc. 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

U.S. Department of Transportation 

Offi.ce ofHearings, M·20 

1200 New Jersey Ave., SE (El1~310) 

Washington, DC 20590 

fax: 202~366~7536