U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D. C. 

RECEIVED 

JUN 2 1 2013 

HEARING DOCKET 

IN THE MA TIER OF: DOCKET NO. FAA-2012-0910 

CLELIA AYALA FAA CASE NO. 2010S0290061 

Respondent Judge J.E. Sullivan 

COMPLAINANT'S (ADMINISTRATOR'S) RESPONSE TO RESPONDENT'S ORAL 

MOTION FOR NON-DISCLOSURE OF THE ENTIRE RECORD 

Pursuant to Judge Sullivan's Order Setting Motion Deadlines Regarding Respondent's 

Motion for Non-Disclosure and Granting/Denying Other Relief, the Complainant hereby files the 

following response: 

1. On June 11, 2013, the Respondent orally moved to seal the record in the abovereferenced case based on the following grounds: (1) her address is online for people 

to see; (2) her friends can see the record online; and (3) the publication of the record 

may impact her ability to secure a job. 

2. 14 C.F.R. §13.226(b) authorizes the administrative law judge to withhold information 

in the record if, based on a motion and response thereto, the administrative law judge 

determines that (1) disclosure would be detrimental to aviation safety, (2) disclosure 

would not be in the public interest, or that (3) the information is not otherwise 

required to be made available to the public. 

3. In the instant case, the Complainant does not object to redacting information that 

would be an unwarranted invasion of personal privacy, including the Respondent's 
address, telephone number, and/or email. See In the Matter of Husky Corp., FAA 

Docket No. CP07S00017, DMS No. F AA-2007-0120 (June 9, 2008) (Administrative 

Law Judge Finding that disclosure of certain exhibits would be an unwarranted 

invasion of personal privacy and/or reveal a trade secret or privileged or confidential 

commercial or financial information.) 

4. However, as to the remaining portions of the record (i.e., complaint, transcript, 

orders, names of the parties, etc.), the Complainant objects to sealing those portions 

from the record. 

5. The Complainant's objection is based on the reasons the Respondent has submitted in 

support of her motion; those reasons do not meet the criteria required under 14 C.F .R. 

§ 13 .226(b) so as to justify sealing the entire record. 

6. The Respondent has not shown how disclosure of the entire record would be 

detrimental to aviation safety or not be in the public interest. Rather, the 

Respondent's arguments are based on her own personal interests- her friends having 

knowledge of the proceedings and her ability to secure a job. 

7. The Respondent has not shown that the remaining portions of the record are not 

otherwise required to be made available to the public (with the exception of the 

information referenced in paragraph 4, above). In other words, the Complainant has 

not shown that statutory exemptions prevent the disclosure of the complaint, 

transcript, orders, names of the parties, etc. 

8. To the contrary, the disclosure of the complaint, transcript, orders, names of the 

parties, etc., is in the public interest in that publication of the proceedings serves as a 

an educational tool and a deterrent to the general public. Specifically, the Federal 

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Aviation Regulations prescribe rules addressing passenger behavior on commercial 

aircraft, these rules arise from public policy that fosters aviation safety, and the 

failure to abide by the those regulations may result in the imposition of a civil 

penalty. 

9. As a result, the Complainant has not met her burden to show that sealing or nondisclosure of the entire record is warranted, and thus the Complainant's motion to seal 

the entire record (with exception of the information referenced in paragraph 3, above) 

must be denied. 

Respectfully submitted this Jl..!:'day of ¢Wi1.2-: , 2013. 

\JJ{ Jvvv/ 

Willklll Vines 

Counsel for Complainant 

Office of the Regional Counsel, AS0-7 

FAA 

P.O. Box 20636 

Atlanta, Georgia 30320 

TEL: 404-305-5200 

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CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Notice of Settlement was sent by certified mail, facsimile, 

and/or email as follows: 

The Honorable J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE (Ell-31 0) 

Washington, DC 20590 

Facsimile: (202) 366-7536 

Clelia Ayala 

11175 Georgia Avenue 

Apt. 603 

Wheaton, MD 20902 

Email: ayalaclelia@gmail.com 

,//IN 1 4 20i3 

(by certified ______ _/ 

(by facsimile ,)IJN 1 3 2013 ) 

(email only JUN 1 3 2013 ) 

Federal Aviation Administration (by certified mail only 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

LOCM m1'fl ~On J 

Donna Stanley \ 

Legal Assistant 

Office of the Regional Counsel 

JUN 1 3 2013 

Dated 

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