Part 16 Dockets V
UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION RECEIVED WASHINGTON, DC Star Marianas Air, Inc., SEP 012020 Complainant, PART 16 DOCKETS V. FAA Docket No. 16-18-01 Commonwealth Ports Authority, Respondent. STAR MARIANAS, INC.'S SURREPLY AND MOTION FOR LEAVE TO FILE SURREPLY BRIEF I. INTRODUCTION Pursuant to 14 C.F.R. § 16.33, Complainant, Star Marianas Air, Inc. ("Star Marianas"), respectfully requests leave to file this Surreply to Respondent Commonwealth Ports Authority's ("Ports Authority") Reply to Complainant's Appeal (the "Reply"). In compliance with 14 C.F.R. § 16.33(f), please find a petition requesting the entrance of new evidence which explains why the new issue or evidence was not presented to the Director. (See the § 16.33(f) Petition attached as Exhibit "A"). The Ports Authority would have the Director's Determination stand as is. However, and as the Petition and accompanying affidavit by Robert F. Christian, Chairman of Star Marianas (the "Affidavit"), will show, new events and evidence have transpired between Star Marianas' filing of the Amended Complaint on February 2, 2018, and the Director's Determination filed on May 5, 2020. (See the Affidavit of Robert F. Christian attached as Exhibit "B"). Star Marianas' Appeal and Surreply are necessary for the Associate Administrator to properly assess the current situation between the parties. II. LEGAL STANDARD On appeal, the Associate Administrator considers whether (1) the findings of fact in the Director's Determination are not supported by a preponderance of reliable, probative, and substantial evidence contained in the record, (2) whether the conclusions in the Director's Determination were not made in accordance with law, precedent, and policy, (3) whether the questions on appeal are substantial, and (4) whether any prejudicial errors have occurred.
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