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UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

In the Matter of: PINNACLE AIRLINES. INC. 

FAA Order No. 2010-2 

Docket No. CP09SO0002 

FDMS No. FAA-2009-0180' 

Served: March 26, 2010 

ORDER DENYING RESPONDENT'S 

PETilTON TO FILE AN ADDITIONAL BRIEF ^ 

Respondent Pinnacle Airlines, inc. (Pinnacle), by counsel, has filed a petition 

seeking leave to file an additional brief under 14 C.r.R. § 13.233(f) to show that some of 

Complainant's arguments in its reply brief are "unsupported and/or directly contradicled 

by the record." Pinnacle explained that it seeks "to correct and clarily any misleading or 

unclear portions of the Complainant's Reply Brief in an additional brief of 15 pages or 

less. Complainant objects to the filing of an additional brief, contending that Pinnacle 

has not shown good cause to file an additional brief. 

The Rules of Practice provide that a party may not lile more than one appeal brief 

or one reply brief, although "[t]he FAA decisionmaker may grant leave to file an 

leiOFirAHSrUHi/ 

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

cfl-scs) are also available for viewing at http://www.regnlaUons.gov. See 14 C.K.R. 

§ 13.210(e)(1). The transcript, and other items filed in the record in this case (FDMS Docket No. 

FAA 2009-0579), are available at this Web site. 

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

practice, and other infomiation, are available on the Internet at the following address; 

www.faa.gox/uhout/office org/headquarter\_offices/agc/pol_cKijudicaiion/AGC40Q/ 

Civil_Penalry. See 14 C.F.R. § 13.210(e)(2). In addition, Thomson Reuters/West publishes 

Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) 

and WestLaw (PfRAN-FAA database). For additional information, see the Web site. 
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additional brief if the party demonstrates good cause for allowing additional argument 

...." 14 C.F.R. § 13.233(f)(emphasis added.) 

Pinnacle has failed to show good cause to file additional argument, fhe FAA's 

reply brief contains comprehensive legal citations and references to the record. The 

Administrator should be able to assess without additional briefing whether these citations 

and references actually support the arguments that the FAA made in its reply brief, and 

whether the evidence relied upon by the FAA in its reply brief was contradicted by other 

evidence in the record. 

Therefore, Pinnacle's request to file additional argument is denied. 

J. RANDOLPH BABBITT 

ADMINISTRATOR 

Federal Aviation Administration 

VICKI S^^EMON' 

Manager, Adjudication Branch 

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

Litigation by memorandum dated October 27, 1992, under 49 U.SC. § 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.