In The Matter Of: 

SERVED: October 29,2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2014-0685 

SMYRNA AIR CENTER 

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Case No. 2011CE190020 

Respondent 

ORDER DIRECTING PARTIES TO CONFER AND 

FILE AN AGREED BRIEFING SCHEDULE 

On September 19,2014, the FAA filed the Complaint alleging that between January 24, 

2011, and April 14, 2011, Respondent violated various Federal Aviation Regulations. 1 

On October 23, 2014, the Respondent filed its Answer to Complaint ("Answer"). As an 

affirmative defense, the Respondent asserted that the September 19,2014 Complaint was 

untimely under 49 U.S.C. § 46301(d)(7)(C). The Respondent requested that the Complaint be 

"denied." 

A. Brief Discussion: 

According to the Respondent, its affirmative defense and Motion is based upon "49 

U.S.C. § 46301(d)(7)(C) and not 14 C.F.R. § 13.208(d)." (Answer at 3 ~15.) 

Section 46301(d)(7), 49 U.S.C, provides in part: 

(A) The Administrator may impose a penalty on a person (except an individual 

acting as a pilot, flight engineer, mechanic, or repairman) only after notice and an 

opportunity for a hearing on the record. 

* * * 

(C) Except for good cause, a civil action involving a penalty under this paragraph 

may not be initiated later than 2 years after the violation occurs. 

49 U.S.C. § 46301(d)(7)(A), (C). 

1 Specifically,l4 C.F.R. §§ 145.207(a), 145.151(b), 145.15l(d), and 145.163(b)-(c). 

··-"'; "-- -} · . ..,_ 

--- ''.,; 
The Respondent's Answer did not provide inclusive facts in support of its Motion (e.g., 

the issuance date of the Notice of Proposed Civil Penalty, etc.). The Answer also did not include 

a fully developed argument about the applicable law. 

The Respondent's request is essentially a Motion to Dismiss. The parties should address 

this disputed matter before any discovery is conducted on the charged allegations or any hearing 

is scheduled. 

Having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, 

regulations, rules, and authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. The FAA and the Respondent shall confer privately to discuss a mutually convenient 

briefing schedule to address the Respondent's Motion to Dismiss. 

2. On or before November 18,2014 the parties shall file a Proposed Agreed Briefing 

Schedule on the Motion to Dismiss. This Proposal should also include whether or not the 

parties would like to present an oral argument on the Motion after the submission of 

briefs, and if so, provide at least three (3) mutually-agreed, proposed alternate dates/times 

for such oral argument for the Judge's consideration. 

3. For any questions about this procedures contained in this Order, contact Mr. Cody L. 

Smith, Attorney-Advisor at the Office ofHearings (202-366-6941). 

Attachment: Service List 

Page 2 of 2 
Docket No. F AA-20 14-0685 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

Mr. Ryan M. Landers 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Thomas F. Mink, II 

Respondent's Counsel 

P.O. Box 198742 

219 Second Avenue North, Suite 400 

Nashville, TN 37219-8742 

TEL: 615 -256-0138 

FAX: 615-730-5997 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

ONE COPY 

Smyrna Air Center, Inc. 

Respondent 

c/o Neal Ropp, Accountable Manager 

300 Warpoole Road 

Syrrnna, TN 37167 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation 

Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: 

Hearing Docket Clerk, AGC--430.