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SERVED: APRIL 4, 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF 

### TRANS NORTH AVIATION, LTD.

FAA DOCKETNo. [TO BE ASSIGNED] (Civil Penalty Action) FDMS No. FAA-2013-0046
ORDERDENYING COMPLAINANT'S MOTION FORRECONSIDERATION OR, IN THE ALTERNATIVE, FORAN INTERLOCUTORY APPEAL OnMarch 20, 2013, the Motion ofComplainant Federal AviationAdministration ("Complainant") to deny the Request for Hearing ofRespondent TransNorth Aviation, Ltd. ("Respondent") as untimely was denied (see Order Denying Complainant's Motion, hereinafter "Order"). Complainant nowhas moved for reconsideration, asserting that documents which, through no fault ofComplainant, had notbeen before the undersigned whenthe Order issued demonstrate that indeed Respondent had failed to request a hearing within 15 days ofreceiving Complainant's FinalNotice ofProposed Civil Penalty ("FNPCP") as the Rules ofPractice 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 --withinthe time frame required bythe regulation for mailing its request for hearing.' I

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# .. 2 Complainant's motion for reconsideration is therefore DENIED. 1 Complainant has also moved inthe alternative for an interlocutory appeal ofthe Order. A party may request permission from an administrative lawjudge ("ALJ") to file an interlocutory appeal for cause, and an ALJ will grant such a request ifa "aparty shows that delay ofthe 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 OrderNo. 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

1I also am duly mindful ofthe Administrator's injunction that "[w]heneverpossible, cases should be disposed ofon the merits after a hearing, rather than summarily because ofa procedural defect." Safety Equipment andSign Co., Ltd., FAA OrderNo. 92-76, 1992 FAA Lexis 280 (December 21, 1992), p. 5, cited in Larry's FlyingService,'FAA OrderNo. 98-4 (March 12, 1998). Moreover, Complainant's motion has not alleged or demonstrated prejudice to it.

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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 2W1000 1 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 ofthe 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 LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant 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.