' . 

SERVED: APRIL 4, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

TRANS NORTH AVIATION, LTD. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-2013-0046 

ORDER DENYING COMPLAINANT'S MOTION FOR RECONSIDERATION OR, IN 

THE ALTERNATIVE, FOR AN INTERLOCUTORY APPEAL 

On March 20, 2013, the Motion of Complainant Federal Aviation Administration 

("Complainant") to deny the Request for Hearing of Respondent Trans North Aviation, Ltd. 

("Respondent") as untimely was denied (see Order Denying Complainant's Motion, hereinafter 

"Order"). Complainant now has moved for reconsideration, asserting that documents which, 

through no fault of Complainant, had not been before the undersigned when the Order issued 

demonstrate that indeed Respondent had failed to request a hearing within 15 days of receiving 

Complainant's Final Notice of Proposed Civil Penalty ("FNPCP") as the Rules of Practice 

require. See 14 C.F .R. § 13 .16(g)(2)(ii). 

The new documents, however, do not warrant a different result. They remain consistent 

with Respondent's claim that it acknowledged receipt on February 2, 2013 --within the time 

frame required by the regulation for mailing its request for hearing. 
' I ' .. 

2 

Complainant's motion for reconsideration is therefore DENIED. 1 

Complainant has also moved in the alternative for an interlocutory appeal of the Order. 

A party may request permission from an administrative law judge ("ALJ") to file an 

interlocutory appeal for cause, and an ALJ will grant such a request if a "a party shows that delay 

of the appeal would be detrimental to the public interest or would result in undue prejudice to 

any party." 14 C.P.R. §13.219(b); see also Kyle Ponsford, FAA Order No. 2010-3 (April28, 

2010). Complainant has failed to make either showing necessary for success. 

· Complainant's motion in the alternative for an interlocutory appeal also is DENIED. 

The matter will proceed. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

1 I also am duly mindful of the Administrator's injunction that "[w]henever possible, cases should be disposed of on 

the merits after a hearing, rather than summarily because of a procedural defect." Safety Equipment and Sign Co., 

Ltd., FAA Order No. 92-76, 1992 FAA Lexis 280 (December 21, 1992), p. 5, cited in Larry's Flying Service,'FAA 

Order No. 98-4 (March 12, 1998). Moreover, Complainant's motion has not alleged or demonstrated prejudice to it. 
3 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avei:me, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

ONE COPY 

Charles R. Barnett III, Respondent's Counsel 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

TEL: 847-809-9520 

FAX: 815-356-7042 

Jeanette B. Daubaras, Complainant's Counsel 

Office of the Regional Counsel, Great Lakes Region 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, AL 60018 

TEL: 847-294-7313 

FAX: 847-294-7498 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant 

FAX: 202-366-7536 

FDMS No. FAA-2013-0046 

(Civil Penalty Action) 

1 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 2Wl000, Washington, 

DC 20591, Attention: Hearing Docket Clerk, AGC-430.