Air Sea Containers, Inc. v. U.S. Department of Transportation, et al.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APRIL 23, 2012
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-10142
________________________
Agency No. PHMSA-2008-0350
AIR SEA CONTAINERS, INC.,
Petitioner,
versus
U.S. DEPARTMENT OF TRANSPORTATION,
PIPELINE SAFETY AND HAZARDOUS
MATERIALS SAFETY ADMINISTRATION,
Respondent.
________________________
Petition for Review of a Decision of the
Department of Transportation
_________________________
(April 23, 2012)

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Before HULL and FAY, Circuit Judges, and WALTER, * District Judge.
PER CURIAM:
Air Sea Containers, Inc. (“Air Sea”) petitions for review of the Pipeline and
Hazardous Materials Safety Administration’s final determination imposing fines
totaling $33,170.00 for four violations of the federal Hazardous Materials
Regulations issued by the Secretary of the U.S. Department of Transportation. See
49 C.F.R. Parts 171 to 180. After review of the record and with the benefit of oral
argument, we conclude that substantial evidence supports each of the four
violations for which Air Sea was fined. We further conclude that the
administrative law judge (“ALJ”) did not abuse his discretion by denying Air Sea’s
motion to extend the time to file a post-hearing brief after the pertinent deadline
imposed by the ALJ. Accordingly, we deny the petition for review.
PETITION DENIED.
*Honorable Donald E. Walter, United States District Judge for the Western District of
Louisiana, sitting by designation.
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