U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
In the Matter ofEndless Mountains Air, Inc.

FDMS No. FAA-2013-0848 Case No. 2012EA050008 

# RECEIVED APR 1 72014 

### HEARING DOCKET

AGENCY'SREPLY TO RESPONDENT'S RESPONSE TO AGENCY'S MOTIONFORDECISION The Federal Aviation Administration (FAA), by counsel, replies to Respondent's response to the Agency's motion for decision as follows: (1) Respondent, Endless Mountains Air, Inc., effectively admits that it received the Complaint, although it is claimed that the representative ofthe company "hadnot actuallynoticed it or read it." (2) Respondent also effectively admits that it failed to file its answer in a timely
manner. (3) The only purported "good cause" claimed by Respondent in defense is that it did not retain counsel and its non-attorney representative "was unaware that under Rule 209(a) ofthe Rules ofPractice, [it] was required to file a written response to the FAA complaint.
..nowhere on any previous letters or documentation received
...have I seen any reference made to these rules."

### (4) In fact, however, in the Complaint, page 4 (attached to the Motion for Decision), it is stated "the Rules ofPractice provide that Respondent must file a written answer to this Complaint, or a written motion to dismiss if appropriate, not later than 30 days after the date shown on the Certificate of Service. A general denial is deemed a failure to file an answer. (Section 13.209e)." (5) Had Respondent's representative bothered to read the Complaint, he would have been aware ofthis rule. (6) Even ifRespondent was not aware ofthis rule because its representative did notread the Complaint, itis axiomatic that ignorance ofthe law is no excuse. (7) The Department has long held that "procedural rules must be enforced in a non-arbitrary manner to ensure the integrity ofthe civil penalty process, even where this results in severe consequences." In 

### re Jimmy Lee Harkins, CP93AL0214 (1994). See also In the matter of Panalpina, CP06S00029 (2006). WHEREFORE, the FAA, by counsel, respectfullyrequests that the Motion

2for Decisionbe granted. Respectfully submitted, AlfredR. Jolmson, Jr. Regional Counsel



### By

# ~~ Zachary

### ~ennan Attorney FederalAviation Administration 1AviationPlaza Jamaica, NY 11434 718 553-3258 718 995-5699

3CERTIFICATE OF SERVICE I hereby certify that the foregoing Agency's Reply to Respondent's Response to Motion for Decisionhas been sent via first class mail andvia fax to: William J. Dobitsch, Jr. Endless Mountains Air Seamans Airport 727 WindsockLane Factoryville, P A 18419 FAX: 570-945-5953 Hon. J.E. Sullivan, Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 FAX: 202-366-7536 I hereby certify that the foregoing Agency's Reply to Respondent's Response to Motion for Decisionhas been sentvia first class mail to:
Federal AviationAdministration (Original and one copy) 600 Independence Avenue, SW Wilbur Wright Building- Room 2014 Washington, DC 20591 Attn: HearingDocket Clerk, AGC-430

Date: 

### APR 10

### 2014

------- is ooks Paralegal Specialist Federal Aviation Administration Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434 4