SERVED: Apri128, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

) 

) 

) 

) 

Docket No. FAA-2016-4269 

V ANAIR MANUFACTURING, INC. 

Respondent 

Case No. 2014-GL-70-0045 

ORDER DIRECTING THE PARTIES TO CONFER AND 

FILE AN AGREED BRIEFING SCHEDULE 

ON THE RESPONDENT'S MOTION TO DISMISS 

. ; ._.J 

On March 21, 2016, the FAA filed a Complaint alleging that the Respondent had violated 

multiple sections of the Department of Transportation Hazardous Materials Regulations. 1 The 

FAA proposed a total civil penalty of $141,000 for the alleged violations. 

On April25, 2016, the Respondent, Vanair Manufacturing, Inc., filed its Answer and 

Affirmative Defenses to the Complaint. In its third affirmative defense, the Respondent moves 

for dismissal of the Complaint on the grounds that the violations alleged in the Complaint 

occurred more than two (2) years before the FAA issued the Notice of Proposed Civil Penalty. 

Brief Discussion 

Pursuant to 14 C.F.R. § 13.208(d), instead of filing an answer to a complaint, a 

respondent may move to dismiss a complaint alleging a violation that occurred more than two (2) 

years before an FAA attorney issued a notice of proposed civil penalty to the respondent. 

Because the Respondent's motion may (or may not) resolve the entire case, it should be 

addressed before any discovery is conducted on the charged allegations or any hearing is 

scheduled. 

Pursuant to 14 C.F.R. § 13.205, and having reviewed the case file, all pleadings and 

motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised; 

1 Specifically, 49 C.F.R. §§ 171.2(e), 172.1010)(1), 172.200(a), 172.204(a), 172.301(a), 172.400(a), 172.402(c), 

172.600(c)(2), 172.702(a), 173.1(b), and 173.27(b)(1). 
IT IS HEREBY ORDERED: 

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

briefing schedule (i.e., Respondent Brief; FAA Response; and Respondent Reply) to 

address the Respondent's Motion to Dismiss on the grounds of untimeliness. 

2. If the parties would like to present oral argument on the disputed Motion after the 

submission of briefs, they shall also find on their calendars at least three (3) mutuallyagreed, proposed dates/times for such oral argument for the Judge's consideration. Such 

proposed dates, if requested, should be included in the parties Jointly Proposed Briefing 

Schedule. 

3. On or before May 13,2016, the parties shall file their Jointly Proposed Briefing 

Schedule. 

4. The Jointly Proposed Briefing Schedule, and all future documents in this proceeding, 

shall be deemed filed on the date the document is date-stamped received at the Office of 

Hearings. The parties are strongly encouraged to fax a copy of all documents to the 

Office of Hearings to ensure compliance with deadlines. 

5. For any questions about this procedures contained in this Order, contact Mr. Cody Smith, 

Attorney-Advisor at the Office of Hearings (202-366-6941). 

Attachment: Service List 

Page 2 of 2 
Docket No. F AA-20 16-4269 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC--430 

Wilbur Wright Building-Suite 2Wl 0002 

Ms. Kate Barber 

Complainant's Counsel 

Enforcement Division, Midwest Teram 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 60601 

TEL: 847-294-7862 

FAX: 847-294-7498 

Mr. John S. Hoff 

Mr. Jared A. Schneider 

Respondent's Counsel 

ONE COPY 

Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC 

One North Franklin Street, 10th Floor 

Chicago, IL 60606 

TEL: 312-726-3800 

FAX: 312-726-3818 

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 

2 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 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGG--430.