(410) 827-7800 September 7, 2010 The Honorable Ronnie Yoder 

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## :Iii Kent Narrows

PO BOX98 Grasonville, MD 21638 hys@harrisonyachtsales.com

U.S. Department ofTransportation Office ofHearings, N-30, Room E12-320 1200NewJersey Ave. S.E. Washington, DC 20590 To: Honorable Ronnie Yoder RE: FAA DocketNo. CP1OEA0006 Fax (410) 827-4830 

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I am responding pernotice served August 20, 2010 regarding above referenced civil penalty action. Notbeing an attorney I'mnot sure howto proceed, however I would like to request a hearing. Mybusiness is located onthe eastern shore ofMaryland, therefore, would hope thehearing would be held somewhere inthe local area. I believe any date ortime would be fine. Settlement: I have tried to resolve this matter with attorneys from the FAA. Some points I wouldtruly appreciate being considered in this case are as follows. 1) As our company name implies (Harrison Yacht Sales, Inc) we are inthe business ofselling and servicing boats. Inthe pasttwo years over 60% ofboat dealers inMaryland have gone out ofbusiness due to the economy. My business is no longer inboat sales, but simply trying to stay inbusiness by servicing boats. I'm down to four full time employees and may not survive the upcoming winter ifbusiness does not improve. 2) Harrison Yacht Sales is notinthebusiness ofshipping. Nearly all goods are received from our supplier's own trucks; therefore we do notneedtrained personal in shipping hazardous materials. 3) Inthe summer of2008, one ofour suppliers requested that wereturn one gallon ofbottom paint viaUPS. They supplied the return authorization code which we filled out. Again not being familiar with shipping forms my employee inadvertently clicked the wrong box for "two day air" onthe on-line UPS form. I certainly admit that we made the mistake and surly had nothing to gain by expediting this paint back to the supplier. 4) I think a fine of$3,000.00 (last offer from FAA attorney) is excessive and crippling to a small business,just trying to survive inthese tough times. We regret making this mistake, and can assure you itwill neverhappen again and appreciate any help you can provide.

David Harrison PresidentSERVED: AUGUST 20,2010

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC
IN THEMATTER OF HARRISON YACHT SALES, INC. FAA DOCKET NO. CPIOEA0006 (Civil Penalty Action) FDMS NO. FAA-2010-0626

NOTICE 

### OF ASSIGNMENT 

### OF PROCEEDING This proceeding (heretofore designated as Case No. 2009EA700446) has been assigned to the undersigned. All future pleadings and other communications regarding this proceeding shall be served on the Judge, the FAA Hearing Docket, and the other persons onthe attached Service List.

ChiefAdministrative La Attachment

- Service List

### SERVED: AUGUST 20, 2010


### U.s. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF HARRISON YACHT SALES, INC. FAA DOCKET NO. CPIOEA0006 (Civil Penalty Action) FDMS NO. FAA-2010:0626

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE This proceeding arises from a complaint served July 20, 2010, alleging violation ofthe**Fede~al** Aviation Act/Regulations, and the Respondent's request for hearing dated June 29, 2010. The undersigned administrative lawjudge was assigned to this proceeding by Notice served August 20,2010. The Rules ofPractice for this proceeding are set forth in Part 13, Subpart G, ofthe Federal Aviation Regulations (14 C.F.R. 

### §§ 13.201-13.235 (2009». Those rules provide, 

### inter alia, that the Respondent mustfile a written answer or motion within 30 days after service ofthe 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 ofeach allegation in the complaint 

### (§ 13.209(f)), and that a party seeking an extension oftime must file a written motion at least seven days b

### y f6re the document is due, absent agreement ofthe parties or good cause shown (§ 13.213(a) and (b)).dent, Complainant shall provide Respondent a copy ofthe applicable referenced provisions. Submissions sent to the street address ofthe U.S. Department ofTranspOliation, 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 onthe Judge by regular mail should also fax, express carrier, or personally deliver those submissions. The certificate ofservice should reflect the manner ofservice. Compromise may be effected with or without a finding ofviolation (§ 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.

# ~9/ ChiefAdministrative Law

## J.6 Attachment

- Service List



### ·-3-DEPT OF ION HQ j 

### 1288 NEW JERSEY '[ WASH INGTON DC 201;geHlla01



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HARRISON YACHT SALES 410·827·7800 1.0 LBS LTR HARRISON YACHT SALES 106WELLS COVE. RD. GRASONVILLE MD 21638 SHIP TO: HONORABLE RONNIE YODER 202-366-2142 U.S. DEPARTMENT OF TRANSPORTATION OFF. OF HEARING, M-20, ROOM E12-320 1200 NEW JERSEY AVENUE, S.E. 

### WASHINGTON DC 20590-0001 1 OF 1



# MD 201 9-43 1111111 111111111 UPS NEXT DAY AIR TRACKING #: 1Z 000 YY7 A2 9490 3236 

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BlLUNG: PIP
_ ADoLT SIGNATURE REQillRED-MIN 21
Reference#l: Docket # CPlOEA0006