UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

In the Matter of: LIGHTNING AIRCRAFT CORPORATION 

FAA Order No. 2012-7 

FDMS No. FAA-2011-11241 

Served: July 9, 2012 

ORDER DISMISSING APPEAL2 

Respondent Lightning Aircraft Corporation filed a timely notice of appeal, but has failed 

to perfect its appeal by filing an appeal brief. Its appeal brief was due on Aprill2, 2012.3 

Complainant Federal Aviation Administration has moved to dismiss Respondent's appeal. 

The Rules of Practice provide that where a party has failed to perfect its appeal by filing a 

timely appeal brief, the FAA decisionmaker may dismiss the appeal. 14 C.F.R. § 13.233(d)(2).4 

However, when a notice of appeal contains sufficient detail to satisfy the requirements in the 

Rules of Practice for appeal briefs,' the notice may be construed as an appeal brief. Keller, FAA 

Order No. 2011-2 at 7 (January II, 2011). 

1 Generally, materials filed in the FAA Hearing Docket (except for materials filed in security 

cases) are also available for viewing at http://www.regulations.gov. 14 C.F.R. § 13.21 O(e )(I). 

2 The Administrator's civil penalty decisions, along with indexes of the decisions, the rules of 

practice, and other information, are available on the Internet at the following address: 

www.faa.gov/about/office _orglheadquarters _ officeslagc!pol_ adjudication/AGC400/Civil _Penalty/. See 

14 C.F .R. § 13.21 0( e )(2). In addition, Thomson Reuters!W est Publishing publishes Federal Aviation 

Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw (FTRANFAA database). For additional information, see the Web site. 

3 Section 13.233(c) of the Rules of Practice, 14 C.F.R. § 13.233(c), provides as follows: "Unless 

otherwise agreed by the parties, a party shall perfect an appeal, not later than 50 days after entry of the 

oral initial decision on the record or service of the written initial decision on the party, by filing an appeal 

brief with the FAA decisionmaker." Section 13.211(e) provides: "Whenever a party has a right or a duty 

to act or to make any response within a prescribed period after service by mail, or on a date certain after 

service by mail, 5 days shall be added to the prescribed period." 

The Administrative Law Judge (ALJ) served his written initial decision entitled "Order of Chief 

Administrative Law Judge Granting Motion to Dismiss Request for Hearing and Assessing a Civil 

Penalty," on February 17, 2012. As a result, Respondent's appeal brief was due on April 12, 2012. 

4 Section 13.233(d)(2) provides: "The FAA decisionmaker may dismiss an appeal, on the FAA 

decisionmaker's own initiative or upon motion of any othefJ party, where a party has filed a notice of 

appeal but fails to perfect the appeal by timely filing an appeal brief with the FAA decisionmaker." 

5 Section 13.233(d)(l) provides: 
In the instant case, Respondent's two-sentence notice of appeal lacks sufficient detail to 

be construed as an appeal brief. IAL Power Supply, FAA Order No. 2002-10 at 2 (April 17, 

2002) (similarly finding that the notice of appeal did not provide sufficient detail to be construed 

as an appeal brief). Therefore, Respondent's appeal is dismissed, and the ALJ's order assessing a 

$6,600 civil penalty remains in effect. 

MICHAEL P. HUERTA 

ACTING ADMINISTRATOR 

Manager, Adjudication Branch 

A party shall set forth, in detail, the party's specific objections to the initial 

decision or rulings in the appeal brief. A party also shall set forth, in detail, the basis for 

the appeal, the reasons supporting the appeal, and the relief requested in the appeal. If the 

party relies on evidence contained in the record for the appeal, the party shall specifically 

refer to the pertinent evidence contained in the transcript in the appeal brief. 

6 Issued under authority delegated to the Chief Counsel and the Assistant Chief Counsel for 

Litigation by memorandum dated October 27, 1992, under 49 U.S.C. § 322(b) and 14 C.F.R. § 13.202 

(see 57 Fed. Reg. 58,280 (1992)) and redelegated by the Assistant Chief Counsel for Litigation to the 

Manager, Adjudication Branch, by Memorandum dated August 6, 1993. 

2