In The Matter Of: 

SERVED: November 14,2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. F AA-2014-0687 

VECTOR USA LLC 

) 

) 

) 

) 

Respondent ) 

Case No. 2011 S0070002 

ORDER DIRECTING PARTIES TO CONFER AND 

FILE AN AGREED BRIEFING SCHEDULE 

• : ! • .. _. 'j ~· 

On October 1, 2014, the FAA filed the Complaint alleging that on multiple dates between 

May 24, 2010 and November 10, 2010, Respondent violated various Federal Aviation 

Regulations. 1 

On November 3, 2014, the Respondent filed its Answer to Complaint ("Answer"). As an 

affirmative defense, the Respondent asserted that the October 1, 2014 Complaint was untimely 

under 49 U.S.C. § 46301(c). The Respondent requested that the Complaint be "dismissed." 

A. BriefDiscussion: 

According to the Respondent, its affirmative defense is based upon "the two (2) year 

Statute of Limitations set forth in 49 U.S. Code, section 46301(c)[.]" (Ans., 2 IJ2.) The two-year 

limitation period is actually found at 49 U.S.C. § 4630(d)(7)(C). 

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, 14 C.F.R. §§ 91.7(a), 91.407(a)(2), 91.405(a), 91.405(b), 135.25(a)(2), and 135.443(a)(2). 
I 

I • 

I 

The Respondent's Answer did not provide inclusive facts in support of its request for 

dismissal (e.g., the issuance date ofthe Notice ofProposed 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 December 9, 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 
j I 

Docket No. FAA-2014-0687 

(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 2W1 0002 

Ms. Andrea Michelle Harper 

Complainant's Counsel 

Federal Aviation Administration 

Office ofthe Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. James R. Hammerton 

Respondent's Counsel 

169 Ledgemont Dr. 

Edmond, OK 73013 

TEL: 405-562-1867 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, 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 

Mr. Ken Hammerton, President 

Vector-USA, LLC 

d/b/a Vectair-USA, LLC, Respondent 

11299 Airport Rd. 

Olive Branch, MS 38654 

TEL: 901-351-6311 

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, AGC-430.