. SERVED JAN 2 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, 1992 
Leonard A. Ceruzzi, Esq. 

801 Pennsylvania Ave. , N.W. 

Washington, D.C. 20004 

Kar 1 B. Lewis 

Attorney 

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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 FEB 2 8 1991 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

ROCKY MOUNTAIN AIRWAYS, INC. 

FAA DOCKET NO. CP89NM0483 

(Civil Penalty Actions) 

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 Bankruptcy Act, 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 1 0 1990 

U. S. DEPARTMENT OF TRANSPORTATION 

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. 
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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, directly where 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 J 
U.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 4 1990 

On April 13 , 1990, the United States Court o f Appeals f or 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 Transportation, No. 89 -1 195, 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,. Ronnie A. Yoder Q~~~ Administrative Law Ju e 
SERVED JAN 1 9 1990 

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 

This proceeding arises from an Order of Civil Penalty dated 

December 5, 1989, alleging violations of the Federal Aviation Act 

and Respondent's request for hearing dated November 28, 1989. 

The undersigned administrative law judge was assigned to the 

proceeding by Notice served January 17, 1990. 

The Rules of Practice for this proceeding are set forth in 

Part 13, Subpart G, of the Federal Aviation 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 answer within 30 days after service of the order of civil 

penalty (S 13.209(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 penalty and an order assessing civil penalty 

shall be issued (§ 13.209(f)), and that, absent agreement of the 

parties, a party seeking an extension of time must file a written 

motion not less than seven days before the document is due, 
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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 

Order dated 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 the Rules 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 JAN 171990 

U. S . DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C . 

ROCKY MOUNTAIN AIRWAYS, INC. 

FAA DOCKET CP89NM0483 

(Civil Penalty Action) 

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 r egarding the proceeding shall be 

served on him and on the other persons named in the attached service list. 

Chief !:~Jr Administrative Law . Judge 

Attachment - Service List 
SERVICE LIST 

Rocky Mountain Airways, Inc. 

Hanger 6 

Stapleton Inter national 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 

Admi nistrative 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 Penalty Action)