Hon. J.E. Sullivan, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 April3, 2014
RE: Endless Mountains Air, Inc. DocketNo. FAA-20 13-0848 Case No. 2012EA050008
DearJudge Sullivan, 

### SeamansAirport 727 Windsock Lane Factoryville/ PA 18419

Phone: 570.945.5125 Fax: 570.945.5953 http:/ jwww.seamansairport.com 

# RECEIVED
APR -8 2014 HEARING DOCKET

As peryour instructions from our Rule 16 Litigation Conference ofMarch 18, 2014, I submit the following explanation for having not responded to the FAA's Motion for Decision dated January 18,2014.
On or about November 20, 2013, I received from FAA Attorney Zachary Berman a Final Notice ofProposed Civil Penalty. Because I strongly disagree withthe charges and resulting civil penalty, onDecember 9, 2013 I filed with the Hearing Docket Clerk and with Mr. Berman, a request for a formal hearing.
On January 3, 2014, I received my Notice ofAssignment ofProceeding from the U.S. DOT Office ofHearings confirming that a hearing was to be scheduled and awaited further word as to formal hearing scheduling. Then in early February, I received from Mr. Berman a draft proposed procedural schedule. OnMarch 7, 2014 I agreed to Mr. Berman'sproposed schedule and faxed confirmationto him. I also e-mailed and left a phone message withMr. Berman confirming that I had done so and asked for confirmation ofhis receipt. As I did not hear back from Mr. Berman, on Wednesday, March 12,2014, I decided to give him a phone call to ascertainthat he did indeed receive my response to his proposed schedule. Mr. Berman confirmedthathe did receive my response however he also asked whether I had seen his Motion for Decision dated January 30, 2014. I stated that I did not and he was kind enough to e-mail the document to me. After some looking around onmy end, I sawthat I had indeed receivedthe document but I had not actually noticed orread it.
As previously mentioned, I am forced to represent myselfdue to my inabilityto afford an attorney andunfortunately was unaware that under Rule 209(a) ofthe Rules ofPractice, I wasrequired to file a written response to the FAA complaint. I would like to state that nowhere on anyprevious letters or documentation received regarding my case have I seen any reference made to these rules.
Since I was corresponding with Mr. Berman, the Hearing Docket Clerk and your office, I was under the impressionthat I was doing what had to be done to move my case forward. My actions thus far would indicate that I would like my day incourtto tell my side ofthe story, regardless of my not responding as perRule 209(a).
Itis myhope that you allow me to continue to seek a resolution.
Asperyour instructions, the enclosed Response Attachment has also beenfiled with the Hearing Docket Clerk.
Ifyou have any questions, please feel free to contact me at anytime. Sincerely,

William Dobitsch, Jr., Endless Mountains Air, Inc.

### SERVICE LIST- BYU.S. 

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ORIGINAL & 

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Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 1

Mr. Zachary M. Berman Complainant's Counsel 

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Office ofRegional Counsel, Eastern Region Federal Aviation Administration 1 Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3258 FAJ(: 718-995-5699

Mr. William J. Dobitsch, Jr. Endless Mountains Air, Inc. Respondent Seamans Airport 727 Windsock Lane Factoryville, PA 18419 TEL: 570-945-5125 FAJ(: 570-945-5953

Judge J.E. Sullivan U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washlngton, DC 20590 TEL: 202-366-6941 FAJ(: 202-366-7536