### UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC In the Matter of: LIGHTNING AIRCRAFT CORPORATION FAA OrderNo. 2012-7 FDMS No. FAA-2011-1124 1 

### Served: July 9, 2012 ORDERDISMISSING APPEAL2 

### RespondentLightning Aircraft Corporation filed a timely notice ofappeal, but has failed to perfect its appeal by filing an appeal brief. Its appeal briefwas due onAprill2, 2012. 3 

### Complainant Federal Aviation Administration has movedto dismiss Respondent's appeal. The Rules ofPractice provide that where apartyhas 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 ofappeal contains sufficient detail to satisfy the requirements 

### inthe Rules ofPractice for appeal briefs,'the notice may be construed as an appeal brief. Keller, 

### FAA OrderNo. 2011-2 at 7 (January II, 2011).
1Generally, 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. § 13.21O(e)(I).
2 The Administrator's civil penalty decisions, along with indexes ofthe 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. 

### § 13.210(e)(2). In addition, Thomson Reuters!WestPublishing 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) ofthe Rules ofPractice, 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 ofthe oral initial decision on the record or service ofthe written initial decision on the party, by filing an appeal briefwith 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 bymail, 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 ofChief Administrative Law Judge Granting Motion to Dismiss Requestfor Hearing and Assessing a Civil Penalty," on February 17, 2012. As a result, Respondent's appeal briefwas 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 ofany othefJ party, where a partyhas filed a notice of appeal but fails to perfectthe appeal by timely filing anappeal briefwith the FAA decisionmaker." 5 Section 13.233(d)(l)provides:

### Inthe instant case, Respondent's two-sentence notice ofappeal lacks sufficient detail to be construed as an appealbrief. 

### IAL Power Supply, FAA Order No. 2002-10 at 2 (April 17, 2002) (similarly finding that the notice ofappeal did notprovide 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 reliefrequested in the appeal. Ifthe party relies on evidence contained in the record for the appeal, the party shall specifically referto the pertinent evidence contained in the transcript in the appeal brief.
6 Issued under authority delegated to the ChiefCounsel and the Assistant ChiefCounsel for Litigation bymemorandum 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 bythe Assistant ChiefCounsel for Litigation tothe Manager, Adjudication Branch, by Memorandum dated August 6, 1993. 

### 2