Kormos. Joanne (OST) To: Wolter, Michael (OST) Subject: RE: FAA-201 0-0626
- Harrison Yacht Sales, Inc.
- CP1 OEA0006: FYI--Letter Due by Fax; Pis Notify CJY & Me When Received

From: Wolter Sent: September 09, FAA-2010-0626
- Harrison Yacht Sales, Inc.
- CP10EA0006: FYI--Letter Due by Fax; Pis Notify OY & Me When Received 6. 1430-1700, Wed 08 Sep 10 (150 minutes): At ChiefJudge Yoder's instance, called David Harrison, Respondent's President, at 410-827-7800. Asked himwhether he had filed and served his letter onthe other addressees listed inthe service list; he checked and learned that "mygirl" had not done so. He asked whether it had to be overnighted, and I pointed out that the order said fax was pennissible. He said he would resend it to thejudge, FAA Dockets, and Complainant's Counsel. He asked howhe could reach me again, and I said he should not reach me again because my onlypurpose in calling was to check to see whether the letter had been filed and served and to ask him to do that; and all other communications must be directed to all parties. He asked what happened next, and I said that the regulations cited in the order outlined the procedures. He thanked me for my call and I thanked him for his answers. Scanned the letter to myselfand saved it as S:\CASES CALJ\A-FAA-2010-0626

- Harrison Yacht Sales, Inc.

- CPI0EA0006\Contents ofFDMS FAA2010-0626\Ex Parte Ltr to Ch. Judge Yoder, FAA Docket No. CPI0EA0006 (7 Sep 10) (Harrison, Pres.), 5 pp. (NOT ON FDMS).pdf. Chiefwants to do a PHC Wednesday, Thursday, orFriday ofnext week. Started drafting PHC memo, based on S:\CASES CALJ\A-FAA-2010-0620

- Diamond Air Charter, Inc.

- CPI0EA0004\Memoranda, etc\PHC Memo FINAL-Diamond Air Charters.docx.

MICHAELJ. WOLTER ATTORNEy-ADVISOR Office ofHearings, U.S. Dep't ofTransportation 1200 New Jersey Avenue, S.E., Room E12-348 Washington, DC 20590 Phone: 202-366-0437 Fax: 202-366-7536 E-mail Address: MichaeI.Wolter@dot.gov

1( 

# [1) 

# HARRISON**(~YAOHT** 

## SALES. 

## INC.

(410) 827-7800 Kent Narrows PO BOX98 Grasonville, MD 21638 hvs@harrisonvBchtsBles.com 

### FAX glVERSHEET Fax (410) 827-4830



### TO: The Honorable Ronnie A. Yoder, ChiefAdministration lawJudge U.S. 

### DepartmentOf

### Transportation FROM: David Harrison DATE: 

### September9, 2010 BE: FAA Docket 

### no. CPI0EA0006
TOTAL NUMBER OF PAGES INCWPltlIiTHIS COVER SHEET: 3 

### Honorable Judge Yoder, The 

### following two pages are in response to the Notice Of

### Assignment 

### Of Proceeding. As requested we 

### are sending your additional copy as well as 

### acopy ofthe service 

### list. The onginal letter was received by your office on 09/08/10 

### and signed for by 

### Kormos. Please feel free 

### to contact me iffurther information is required.

# \tQ~~- 

# - D Id Harrison President

10 3911d S3lllS LH811A NOSIHHIIH

# (:JHARRISc1N

«

### ~ .,

## it 

## C H T 

## :I it L C 

## Sf IN

## O. Kant Narrows

PO BOX98 (410) 827-7800 September 7,2010 Grasonville, MD 21638 hys@harrisonvachtsales.com Fax (410) 827-4830
The Honorable Ronnie Yoder U.s. bepartment ofTransportation 

### '" 0 

# = C5 --'-'-1.-·-, Office ofHearings, N-30, Room E12-320 (,/) :2:] ::-:-J "':r< 1200 New Jersey Ave. S.E. rn '- ) -0 '-;-,
, Washington, bC 20590 I r.

-

## .. co To: Honorable Ronnie Yoder 

### U ::',J F- 

# e) RE: FAAbocketNo. CPlOEAOO06 C" CD -' I am responding pernotice served August 20, 2010 regarding above referenced civil penalty action. Not being an attorney I'mnot sure how to proceed, however I would like to request a hearing. My business is located on the eastern shore ofMaryJand, therefore, would hope the hearing would be held somewhere in the local area. Ibelieve any date ortime would be fine. Settlement: 

## rhave tried to resolve this matter with attorneys from the FAA. Some points I would truly appreciate being considered inthis case are as follows. I) As our company name implies (Harrison Yacht Sales, !nc) we are in the business ofselling and servicing boats. Inthe past two years over 60% ofboat dealers in Marylandhave gone out ofbusiness due to the economy. My business is no longer inboat sales, but simplytrying to stay inbusiness by servicing boats. I'm down to four full time employees and inaynot survive the upcoming winter ifbusiness does not improve. 2) Harrison Yacht Sales is notin the business ofshipping. Nearly all goods are received from our supplier's own trucks; therefore we do notneed trainedpersonal in shipping hazardous materials. 3) In the summer of2008, one ofour suppliers requested that we return one gallon ofboltom paint via UPS. 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" on the on-line UPS form. I certainly admit that we made the mistake and surly had nothing to gain by expeditingthis paint back to the supplier. 4) Ithink a fine of$3,000.00 (last offer from FAA attorney) is excessive and crippling to a small business,just trying to survive in these tough times. We regret making this mistake, and can assure you itwill never happen again and appreciate any help you can provide. '. . . '

# ~~?~~ David Harrison President

W 3911d S3ll1S lH::JI1A NOSlddl1H Vli=:Rbl7.RCHbT

# r!J HARRIStlN CiXI' 

# r A 

## C H T 

## S A I.. £ 

## S, INC.

(410) 827-7800 Kent Narrows PO BOX98 Grasonville, MO 21638 hys@harrisonyachtsaies.com Fax (410) 827-4830 

### FAA DocketNo. CPlOEA006

(Civil PenaltyAction)

Federal Aviation Administration 800 Independence Ave, S.W. Washington, DC 20591 Attention: HearingDocketClerk, AGC-430 

### Service List Original & 

### One Copy

Wilbur WrightBuilding

- Suite 2W1000 

### Original Letterand OneFaxed Copy ofLetterand Service List The Honorable Ronnie A. Yoder, ChiefAdministrative LawJudge U.S. Department ofTransportation Office ofHearings, M-20, RoomE12-320 1200 NewJersey Avenue, S.B. Washington, DC 20590 TEL: 202-366-2142 Fax: 202-366-7536 

### Faxed Copy ofLetterand Service List MaryMadeline McCarthy, Complainant's Counsel Attorney, Office ofthe Regional Counsel, BAL-7 Federal AviationAdministration 

### I Aviation

### Plaza Jamaica, NY 11434 TEL: 718-553-3267 FAJ{:718-995-5699 David Harrison, President Harrison Yacht Sales, inc., Respondent 106 Wells Cove Road 

### P.O. Box 98 Grasonville, MD 21638 TEL: 410-827-7800 FAX: 410-827-4830

--- ___ ....**~**___ w ...... ,.**_~** _____ ". 

### One Copy

20 39\1d S3l\lS lHO\lA**NOSI~~\lH** 0ESPL6S01P1