SERVED: JUNE 10,2011 

U.S. DEPARTMENT OF TRANSPORTATION 'RI;.! :NT OF 

OFFICE OF HEARINGS • ;:M^Or[];\TiON 

WASHINGTON, DC - • •• ^ OPtRAi iONS 

iJ : J A !i : OR 

IN THE MATTER OF 

DRYTAC CORPORATION 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2011-0480 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

ESTABLISHING PROCEDURES 

This proceeding arises from a complaint served May 13, 2011, alleging violation of the 

Federal Aviation Act/Regulations, and Respondent's request for hearing dated May 5, 2011. The 

undersigned administrative law judge was assigned to this proceeding by Notice served June 10, 

2011. 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the Federal Aviation Regulations (14 C.F.R. §§ 13.201-13.235 (2010)). Those rules provide, inter alia, 

that Respondent must file a written answer or motion within 30 days after service of the complaint (§ 13.209(a)); that a general denial is deemed a failure to file an answer (§ 13.209(e)); that 

failure to file an answer without good cause is deemed an admission of each allegation in the 

complaint (§ 13.209(f)); and that a party seeking an extension of time must file a written motion 

at least seven days before the document is due, absent agreement of the parties or good cause 

shown (§ 13.213(a), (b)). 

To expedite the hearing in this matter, Complainant and Respondent, on or before 
. s^ 

July 11, 2011, shall file (1) any amendment of th© eompIaiJiJ or answer;' (2) an agreed or separate proposed procedural schedules, including|8?e|J0]5ed daites (i.e., specific dates, not merely 

ntimbers or days before the hearing) for (a) filia^ sttpidations, a list of witnesses, a summary of 

their proposed testimony, and for (b) exchangii^ exhibits and discovery, if any; (3) a statement 

concerning the status of settlement efforts; aJad^4|a'pfoposed hearing site and, absent agreement 

of the parties, a jusrification of the proposed 4t|il^#?W CF.R. § 13.217. 

Under FAA Order 2150.3B (Oct. 1,»I0()?) aii4 tite;#ules governing these proceedings, 

Complainant and Respondent should continue to portslder the possibility of settlement and com-

:i:S' ' 

promise of this matter. In cormection witii^Ui^llsj^ksidns, the parties shoiild note that FAA 

Order 2150.3B, which establishes standards for the Complainant's conduct and settlement of this 

proceeding, is available on the Internet.^ See, in|>a|tt<iular, chapter 6 (Legal Enforcement Actions and Legal Coimsel Responsibilities); and eiti^^ (a) Appendix B (Table of Sanctions), pages 

B-1—B8 (Part One - Abbreviations and Definitions) atid those portions of Part Two - Sanction 

Guidance Tables, which apply to particular aUegat|Q];|§nQt involving hazardous materials; or 

(b) Appendix C, which pertains to hazardous mateaijSlS^eases. Upon request of Respondent, 

Complainant shall provide Respondent a copy of tbe ap|>Ucable referenced proviisions. 

' Further amendments are not anticipated absent gQoiliOEKK|$,|N^> Jl%OU^ 14 C.F.R. § 13.214(bXI) permits 

amendments at any time more than IS days before a hearing, utiltisatkin of fli«t provision would prevent otdea-ly preparation for a heariiig and could prevent any hearing at a(l, b$pW^||tf!^Et|(^pf jlhflliaS must be given $0 days inj^vance. 

§ 13.221(a). An amendment that might be filed IS d3c^0drWi»\kamii\lltomi enMe the oiii&rpmfi^ 20 da^k ' 

which to reply (§ 13.214(c)), and could generate a new n)UBd<^«;ll<!#le$(§ 13.217), motions (§ 13.218), and discovery 

(§ l3220),necessita^gapos\pontmentof1hehMaii^^iill^/^^t%^^i^^ !' 

^ See Linda Joyce Goodman, FAA Docket No. C]^|Wpl^|^'b<i«Sl No. FAA-2004-18292, at 11 (Jtday 30, 

1989), available at www.regulations.gov (concludmg<«|m^^^j|^||^!y^|^ attorney, tiM^^J<^|^(^jiettIement and that the Rules do not permit the Chief Counsef to ^^^^liCHiCy control or decisibmni»jdi| in mis case or 

in civil penalty cases generally so as to deny prosecutorial dii^^(ffll'with respect to settlement ami c^^roniise to 

die agency attorney as defined in the rules"). See also Exec, jd^ort^o. 12,988,61 Fed. Reg. 47i?!> (fifK 5,1996), 

which refers to ^cilitating the just and efficient resolution of iiilvll t^^ms involving the United Stl|t9$ Government 

and directs Federal agencies and their litigation coimsel^Ol>il'f)^|t«;|^|Kticablp after ascertabl^^iuilure of a 

dispute in litigation, and throughout the litigation,... evi£hiat»;Sip^lQei0bt possibilities and make reti$onid)le efforts 

to settle the litigation." See also FAA Order 2150.3B at pfstt^^inl. 

' Accessed at http://rgl.faa.gov by selecting "Orde«/N6;8|fti»(4* ttien "Cunent Orders; 9y Numbw," then 

"2150.3B 10/01/2007 FAA Compliance and Enforcement Pw^aifl (Change 1 included)." 

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Submissions sent to the street address of the U.S. Department of Transportation, Office of 

Hearings, by regular mail may be delayed up to four weeks due to postal screening, and may be 

"irradiated," which may result in pages being fused together. Accordingly, parties who serve 

submissions on the Judge by regular mail should also fax, express carrier, or personally deliver 

those submissions. A certificate of service, reflecting the above caption (including the FDMS 

number), the title of the submission, Eind the date and manner of service, shall be attached to each 

individual submission. 

Compromise may be effected with or without a finding of violation (§ 13.16(n)). Each 

party's filing shall include a telephone number where the party can be reached by the Judge for 

prehearing telephone conferences. 

SO ORDERED. 

Ronnie A. Yoder 

Chief Administrative La 

-3-
^smr^f'7"ipsf-~y'-

FDMS NO. FAA-2011-0480 

(Civil Penalty Action) 

SERVICE MST 

ORIGINAL k O m COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. ' , 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC^lJp •, 

Wilbur Wright Building—Suite 2WlOOO'* 

ONECOPV 

Tim Rader, Vice-President/Finance 

Drytac Corporation, Respondent 

5383 Glen Alden Drive 

Richmond, VA 23231 

TEL: 804-222-3094 

FAX: 804-226-2330 

Gerald A. Ellis, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Rormie A. Yoder, 

Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room El 2-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

Ht.ffX 

* Service was by U.S. Mail. For service in person or Ijf 

Aviation Administration, 600 Independence Avenue, S.S/i^" 

DC 20591; Attention: Hearing Docket Clerk, AGC-436. 

p(^pi, use the following address: Federal 

l^ilidlding—Suite 2W1 WW, Washington,