# .SERVED JAN2 9

# 199~

U.S

. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C

.

ROCKY MOUNTAIN AIRWAYS, INC. FAA DOCKET CP89NM0483

(Civil Penalty Action)

ORDER OF ADMINISTRATIVE LAW JUDGE By Notice dated January 21, 1992, the FAA has indicated that
a settlement has been made and thereby withdraws the complaint in the above matter. Accordingly, pursuant to 14 C.F.R. § 13

.215, this proceeding is dismissed

Administrative Law
Dated: January 29, 1992Leonard A. Ceruzzi, Esq. 801 Pennsylvania Ave., N.W. Washington, D.C. 20004 Kar1 B. Lewis Attorney - 2

- SERVICE LIST

Federal Aviation Administration Northwest Mountain Region 1601 Lind Avenue, S.W. Renton, WA 98055-4099 Hearing Docket Room 924A

- AGC-10 Federal Aviation Administration 800 Independence Avenue, S

.W. Washington, D.C

. 20591 The Honorable Ronnie A. Yoder Administrative Law Judge Office of Hearings, M-50 Room 9228 Department of Transportation 400 7th Street, 

## s.w. Washington, D.C. 20590

# SERVED FEB2 81991 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

ROCKY MOUNTAIN AIRWAYS, INC. FAA DOCKET NO. CP89NM0483

(Civil PenaltyActions)

ORDER OF ADMINISTRATIVE LAW JUDGE By notice and motion dated December 6, 1990, Continental moved to stay this and other proceedings because of its voluntary petition under the BankruptcyAct, Chapter 11 of Title 11 of the 

## u.s. Code, on December 3, 1990. That motion and a subsequent motion for reconsideration were denied as to the proceedings other than this one by Orders dated December 18, 1990, and January 9, 1991.**~/** 

### For the reasons set forth in those orders,
we hereby deny Continental's motion with respect to this proceeding. Based on the previous submissions of the parties and the FAA's response dated February 20, 1991, this proceeding will be set for hearing in Denver, Colorado, at a date and time to be fixed by subsequent notice. SO ORDERED.

Dated: February 28, 1991

# ~'

# CJ**-Ji~oder** Administrative Law J**~/** 

### Those orders excluded this docket, erroneously reciting that this case had been settled and dismissed

. See Order dated December 18, 1990, p. 2, n. 2.SERVICE LIST Rocky Mountain Airways, Inc. Hanger 6 Stapleton International Airport Denver, Colorado 80207 Leonard A. Ceruzzi Continental Airlines P.O. Box 4607 Houston, Texas 77210-4607 Karl B. Lewis Attorney Federal Aviation Administration Northwest Mountain Region, ANM-7 17900 Pacific Highway South C

-68966 Seattle, Washington 98168 Hearing Docket (2 copies) Room 924A

- AGC-10 Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 The Honorable Ronnie A

. Yoder Administrative Law Judge Office of Hearings, M-50 Room 9228 Department of Transportation 400 7th Street, 

## s.w. Washington, D.C

. 20590 (202} 366-2142

# SERVED SEP 101990

U

.S. DEPARTMENT OF TRANSPORTATIO N OFFICE OF HEARINGS

WASHINGTON, D.C.
ROCKY MOUNTAIN AIRWAYS, INC. FAA DOCKET CP89NM0483 (Civil Penalty Action)

ORDER OP ADMINISTRATIVE LAW JUDGE
This case has been stayed, by the Judge's order, pursuant to the decision of the U.S. Court of Appeals in Air Transport Assoc. of America v. Department of Transportation, et al., No. 89-1195 (D.C. Cir. April 13, 1990). That decision held that the Federal Aviation Administration (FAA) Rules of Practice for FAA Civil Penalty Actions (Civil Penalty Rules), 14 C.F.R. Part 13, (including Subpart G), promulgated by 53 Federal Register 34646 (Sept. 7, 1988), were invalid, because the FAA failed to comply with notice and comment requirements of the Administrative Procedure Act, 5 

## u.s.c. § 553. Air Transport Association of America v. Department of Transportation, No. 89-1195, slip op. at 2, 3 (D.C. Cir. April 13, 1990). The Court ruled that the FAA could hold pending civil penalty actions in abeyance and resume prosecution upon the promulgation of a scheme for adjudicating administrative civil penalty actions. Id. at 21. Accordingly, the above-captioned proceeding was stayed until further notice. On July 3, 1990, the Federal Aviation Administration (FAA) published final revised regulations in the Federal Register, 55 F.R. 27548 et**~.,which** became effective on August 2, 1990, and upon the extension of the civil penalty assessment authority on August 15, 1990, the agency resumed prosecution and disposition of pending cases. John J

. Carroll, Docket CP89NE0285, FAA Order No. 90-21, dated August 16, 1990, p. 16. (A copy of the revised regulations is attached to the order being sent to respondent's counsel or to the respondent, if prose). Accordingly, the stay that was imposed earlier in this case is hereby lifted

. All other orders remain in effect. In order to facilitate resumption of the prosecution of this proceeding, IT IS ORDERED THAT on or before September 28, 1990, the agency attorney shall file a status report which shall include the following information: 1. The procedural posture of the case, including the state of discovery and the readiness for trial.- 2

- 2. The status of any pending motions, including the effect, if any, of the new rules and intervening decisions of the Administrator on such motions

. 3. Additional discovery and other pre-trial steps, if any, needed before trial and the dates counsel proposes with regard to those pre-trial steps, including dates for filing pre-trial motions, stipulations, exhibit lists, and witness lists. 4. A proposed trial date and site, taking into account the location most convenient to the witnesses and the parties. 5. A statement that the foregoing items have been discussed with the Respondent, directlywhere pro**~** or through counsel, and whether Respondent agrees or disagrees with the agency attorney's proposals. If Respondent disagrees, Respondent shall file a response within 21 days of the date of the status report. 6. A statement as to whether settlement discussions have been held with the Respondent subsequent to August 15, 1990, and the status of such discussions. 7. The telephone number of each party. SO ORDERED

.

Dated: September 7, 1990

# ~0 Ronnie A. Yoder Administrative Law JU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

ROCKY MOUNTAIN AIRWAYS, INC. FAA DOCKET CP89NM0483 (Civil Penalty Action)



### ORDER STAYING PROCEEDINGS 

# SERVED APR

### 2 41990

On April 13, 1990, the United States Court of Appeals for the District of Columbia Circuit held that the Federal Aviation Administration (FAA) Rules of Practice for FAA Civil Penalty Actions (Civil Penalty Rules), 14 C.F.R. Part 13, (including Subpart G), promulgated by 53 Federal Register 34646 (Sept. 7, 1988), are invalid, because the FAA failed to comply with notice and comment requirements of the Administrative Procedure Act, 5 

## u.s.c. § 553. Air Transport Association of America v. Department of Transporta

tion, No. 89-1195, slip op. at 2, 3 (D.C. Cir. April 13, 1990). The Court ruled that the FAA may hold pending civil penalty actions in abeyance and resume prosecution upon the promulgation of a scheme for adjudicating administrative civil penalty actions. Id. at 21. Accordingly, the above-captioned proceeding is stayed until further notice.

Dated: April 23, 1990

# Q,.**Q~~~** Ronnie A. Yoder Administrative Law Ju e

# SERVED JAN 191990

U

.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

ROCKY MOUNTAIN AIRWAYS, INC. FAA DOCKET CP89NM0483

(Civil PenaltyAction)

ORDER OF ADMINISTRATIVE LAW JUDGE This proceeding arises from an Order of Civil Penaltydated December 5, 1989, allegingviolations of the Federal AviationAct and Respondent's request for hearing dated November 28, 1989. The undersigned administrative law judge was assigned to the proceeding byNotice served January 17, 1990. The Rules of Practice for this proceeding are set forth in 

### Part 13, Subpart G, of the FederalAviation Regulations (14 C.F.R. Part 13, 53 Fed. Reg. 34653, September 7, 1988). Those rules provide, inter alia, that the Respondent must file a written answerwithin 30 days after service of the order of civil penalty (S13.209(a)), that a general denial is 

### deemed a failure to file an answer (S 13

.209(d)), that failure to file an answer without good cause is deemed an admission of each allegation in 

### the order of civil penaltyand an order assessing civil penalty shall be issued 

### (§ 13.209(f)), and that, absent agreement of the parties, a partyseeking an extension of timemust file a written motionnot less than seven days before the document is due,

### - 2

- 

### absent good cause shown (S 13.213(a) and (b)). In order to expedite the hearing in this matter, the Regional Counsel and Respondent on or before February 2, 1990, shall file an agreed or separate proposed procedural schedules including proposed dates for (i.e., specific dates not merely numbers of days prior to the hearing) filing stipulations, a list of witnesses, a summary of their proposed testimony, and for exchange of exhibits and discovery, if any; a statement concerning the status of settlement efforts; a proposed hearing site; and, absent agreement between the parties, a justification of any such proposed site. Attached is a copy of the Judge's Orderdated May 30, 1989, in 

### Linda Joyce Goodman, FAA Docket CP89WP0061, concerning the responsibility of the agency attorney to consider settlement and compromise of these proceedings under FAA Order 2150.3A and theRules governing these proceedings. Each party's filing shall include a telephone number where they
can be reached by the Judge for prehearing telephone conferences.

Dated: January 19, 1990 Attachment

# SERVED JAN171990

U

.S

. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C

.

ROCKY MOUNTAIN AIRWAYS, INC. FAA DOCKET CP89NM0483

(Civil PenaltyAction)

NOTICE OF ASSIGNMENT OF PROCEEDING This proceeding (heretofore designated as Case No. 88NM030033) has been assigned to Administrative Law Judge Ronnie A. Yoder

. All future pleadings and other communications regarding the proceeding shall be served on him and on the other persons named in the attached service list.

# !:~Jr**.** Chief Administrative Law Judge Attachment

- Service ListSERVICE LIST Rocky Mountain Airways, Inc. Hanger 6 Stapleton International Airport Denver, Colorado 80207 Leonard A. Ceruzzi Continental Airlines P. 

### 0. Box 4607 Houston, Texas 77210-4607 Karl B. Lewis Attorney Federal Aviation Administration Northwest Mountain Region, ANM-7 17900 Pacific Highway South C-68966 Seattle, Washington 98168 Hearing Docket (2 copies) Room 924A

- AGC-10 Federal Aviation Administration 800 Independence Avenue, 

## s.w. Washington, D.C

. 20591 The Honorable Ronnie A. Yoder Administrative Law Judge Office of Hearings, M-50 Room 9228 Department of Transportation 400 7th Street, 

## s.w. Washington, D

.C

. 20590 (202) 366-2142 FAA Docket CP89NM0483 (Civil PenaltyAction)