In The Matter Of: 

SERVED: July 27, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2016-4268 

Peter Hantz Company 

) 

) 

) 

) 

) 

) 

Case No. 201280700041 

Respondent 

PREHEARING CONFERENCE REPORT 

On July 26, 2016, the undersigned judge held a prehearing conference in the above captioned 

case. Counsel for the Complainant and Respondent attended the conference telephonically to 

discuss the following: 

1. Discovery 

The parties agreed to complete discovery by December 30, 2016. 

2. Pending Motions 

The parties agreed there are no pending motions currently awaiting decision in this case. 

3. Litigation Schedule 

The parties agreed to a litigation schedule that will be published in a separate order. 

4. Substantive Issues 

a. The Complainant stated that reference to the Respondent in the complaint as "UPS" 

was a mistake; such reference was meant to be to "Peter Hantz Company." 

b. The Complainant alleges Respondent is in the sanction range for a "business entity 

that uses or handles Hazmat in the course of business" in determining the appropriate 

sanction range for each alleged violation. 1 The Complainant will provide evidence at 

the hearing in support of this allegation. 

c. The Respondent reserves the right to file a dispositive motion that, pursuant to 14 

C.F.R. § 13.16(b)(3), the United States district courts have exclusive jurisdiction over 

1 See Department of Transportation, FAA Order No. 2150.3B, Figure 3-B; see also Atlas Frontiers, LLC, FAA 

Order No. 2010-10 at 6 (June 16, 2010) (describing the sanction range for entities that handle Hazmat in the course 

of business). 
this case. The Complainant stated that it is the FAA's position that this regulation 

does not apply to alleged hazard materials violations. 

5. Settlement 

The undersigned judge encouraged the parties to continue to discuss possible settlement. 

;UGLAS 

~-- M. RA WALD -

Administrative Law Judge 

Attachment: Service List 
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 2W1 0002 

ONE COPY 

Timothy I. McCulloch, Respondent's Counsel 

HINSHAW & CULBERTSON LLP 

2375 E. Camelback Rd. 

Suite 750 

Phoenix, AZ 85016 

TEL: 602-631-4400 

FAX: 602-631-4404 

Ryan Landers, Complainant's Counsel 

Enforcement Division, Southern Team 

Federal Aviation Administration, Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (£11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. F AA-20 16-4268 

(Civil Penalty Action) 

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 2WIOOO, Washington, 

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