RECEIVED U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. JAN 3 0 201~ 

------------------------------~H~E~Au=RINGDOCKET 

In the Matter of Endless Mountains Air, Inc. 

FDMS No. FAA-2013-0848 

MOTION FOR DECISION 

The Federal Aviation Administration (FAA), by counsel, hereby files a Motion for 

Decision, pursuant to Rule 218(f)(5) of the Rules of Practice (14 C.F.R. 

§13.218(f)(5)), and states as follows: 

I 

(1) Respondent, Endless Mountains Air, Inc., was advised through a Notice of 

Proposed Civil Penalty, followed by a Final Notice of Proposed Civil Penalty 

that the FAA proposed to assess a civil penalty in the amount of$46,200. On 

December 13, 2013, Respondent submitted a written demand for a hearing. 

(2) On December 17, 2013, the Agency served its Complaint. Exhibit A. 

(3) The Complaint was received by Respondent on December 19, 2013. Exhibit 

B. 

(4) Under Rule 209(a) of the Rules of Practice (14 C.P.R. §13.209(a)), "A 

respondent shall file a written answer to the complaint, or may file a written 

motion pursuant to §13.208(d) or §13.218(f)(l-4) of this subpart instead of 

filing an answer, not later than 30 days after service of the complaint." 
(5) Under Rule 2ll(e ) of the Rules of Practice (14 C.F.R. §13.211(e)), 

"Whenever a party has ... a duty to act or make any response within a 

prescribed time period after service by mail, or on a date certain after service 

by mail, 5 days shall be added to the prescribed period." 

(6) Under Rule 209(f) of the Rules of Practice (14 C.F.R. §13.209(f)), "A 

person's failure to file an answer without good cause shall be deemed an 

admission of the truth of each allegation contained in the complaint." 

(7) Thus, the deadline for Respondent to file an answer (or motion under 

§13.208(d) or §13.218(f)(l-4)) was 35 days after December 17, 2013, or 

January 21, 2014. 

(8) To date, Respondent has failed to file an answer (or motion under §13.208(d) 

or §13.218(f)(1-4)). 

(9) Respondent has not demonstrated good cause for its failure to file an answer. 

(10) As a result of Respondent's failure to file an answer, the truth of each 

allegation in the Complaint must be deemed admitted. 

(11) In the Complaint, the following was alleged: 

1. Endless Mountains Air, Inc. is the holder of Air Carrier Certificate 

No. E52A768K. 

2. During the period from September 23, 2011 to October 9, 2011 or 

thereabouts, Endless Mountains Air, Inc., operated a Cirrus SR20 

2 
aircraft, identification number N624CP, in six (6) flights under the 

rules ofPart 135. 

3. During each of the above-referenced flights, Endless Mountains Air, 

Inc., used a pilot, one Randy Palmer (hereinafter "Mr. Palmer"), when 

Mr. Palmer had not, since the beginning of the 12'h calendar month 

before the fight, passed a written or oral test, given by the 

Administrator or an authorized check pilot, on his knowledge in the 

areas in set forth in Section 135.293(a) of the Federal Aviation 

Regulations (FARs). 

4. During each ofthe above-referenced t1ights, Mr. Palmer had not, since 

the beginning of the 12th calendar month before the flight, passed a 

flight check in a Cirrus SR-20 aircraft. 

5. By reason of the foregoing facts and circumstances, Respondent 

violated the following sections of the Federal Aviation Regulations: 

Section 135.293(a), which states that no certificate holder may use a 

pilot, nor may any person serve as a pilot, unless, since the beginning 

of the 12th calendar month before that service, that pilot has passed a 

written or oral test, given by the Administrator or an authorized check 

pilot, on that pilot's knowledge in the following areas-- ( 1) The 

appropriate provisions of Parts 61, 91, and 135 of this chapter and the 

operations specifications and the manual of the certificate holder; (2) 

For each type of aircraft to be flown by the pilot, the aircraft 

powerplant, major components and systems, major appliances, 

performance and operating limitations, standard and emergency 

operating procedures, and the contents of the approved Aircraft Flight 

Manual or equivalent, as applicable; (3) For each type of aircraft to be 

flown by the pilot, the method of determining compliance with weight 

and balance limitations for takeoff, landing and en route operations; 

( 4) Navigation and use of air navigation aids appropriate to the 

operation or pilot authorization, including, when applicable, 

instrument approach facilities and procedures; (5) Air traffic control 

procedures, including IFR procedures when applicable; (6) 

Meteorology in general, including the principles of frontal systems, 

icing, fog, thunderstorms, and windshear, and, if appropriate for the 

operation of the certificate holder, high altitude weather; (7) 

Procedures for-- (i) Recognizing and avoiding severe weather 

situations; (ii) Escaping from severe weather situations, in case of 

inadvertent encounters, including low-altitude windshear (except that 

3 
rotorcraft pilots are not required to be tested on escaping from lowaltitude windshear); and (iii) Operating in or near thunderstorms 

(including best penetrating altitudes), turbulent air (including clear air 

turbulence), icing, hail, and other potentially hazardous meteorological 

conditions; and (8) New equipment, procedures, or techniques, as 

appropriate. 

Section 135.299(a), which states that no certificate holder may use a 

pilot, nor may any person serve, as a pilot in command of a flight 

unless, since the beginning of the 12th calendar month before that 

service, that pilot has passed a t1ight check in one of the types of 

aircraft which that pilot is to fly. The flight check shall--!) Be given by 

an approved check pilot or by the Administrator; (2) Consist of at least 

one flight over one route segment; and (3) Include takeoffs and 

landings at one or more representative airports. In addition to the 

requirements of this paragraph, for a pilot authorized to conduct IFR 

operations, at least one flight shall be flown over a civil airway, an 

approved off-airway route, or a portion of either of them. 

12. As a result of Respondent's failure to file an answer, it has effectively 

defaulted on its right to a hearing. In the Matter of Safety Equipment and Sign Co., 

LTD, FAA Order No. 92-76 (1992). 

13. Therefore, it should be found that Respondent violated the Federal Aviation 

Regulations as alleged in the Complaint and Respondent should be assessed a cil 

penalty in the amount of $46,200, as proposed by the Agency. 

WHEREFORE, the FAA, by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of $46,200. In the alternative, it is requested that the hearing be 

4 
limited to the issue of sanctions. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Zachary~ ~~ nnan 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

5 
EXHIBIT A 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

! I 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3278 

Facsimile: 718 995-5699 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C.20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

ATTN: HEARING DOCKET CLERK 

1 Aviation Plaza 

Jamaica, NY 11434 

Re: Endless Mountains Air, Inc., 2012EA050008 

Enclosed herein please find a copy of a request for hearing and the original and one 

copy of the FAA's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Allentown, P A, area, 

and expect that the hearing will last one or two days. 

Please address all communications for the Federal Aviation Administration to the 

attention of Zachary M. Bennan, Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

Enclosures 
Regjonal Counsel for the Eastern Region 

Federal Aviation Administration 

1 A\iatlon Plaza 

Jamaica, NY 11434 

Endless Mountains Air, Inc. - 20 12EJ..05DOOS 

Subject Final Notice of Proposed Civil Penaltv 

Resnonse Attachment 

In reply to your Final Notice of Propos<erl Ciyil Penalty Endless Mountairts Air, Inc. elet-15 to proceed as indic:Ued by hs check mark 

beside the numbered paragraph lJ.elow: 

1. L) Endless Mountains Air, Inc. hereby submiB the amount of the proposed civil penalty \tiL.1 the understanding that an Order 

Assessing Civil Penalty Vtlli be issued in that amount 

2. Q9 Endless Mountains Air, Inc. hereby requests a formal hearing in accordance \vifu Section 13.16 of the Fe&!rnl Aviation 

Regulations. 

By :s~nding this form tu the Federal AYiation Arlmiili:stratio;!!, Eastern Region, Endless 

Mountains Air, Inc. also hereby c.ertifits that a copy of this fn!l-m. has bet:n filerl with the 

Hearing Dm:ket Clerk (Hearing Dm:kft, Ferl:uai Avia1ion Admini:stntiun, 800 Independen£f 

Avenue, S.'\Y., Room 924A, Washington~ DC 2tl591, Attention: Hearing D-odat Clerk). 

** Please note that Endless i~dountains Air. Inc. \'1-i.ll not be entitled to a hearina if it files this form with the Federal Aviation 

Administrntion Eastern Reeion_ wrniOUT havine: filed this form or a ".lrirten request for a hearim! with the HEARING DOCKET 

CLERK. 

A ITORl'<EYiRil'RESEl'i IA llVE 

Name: 

Firm: 

Address: 

Phone No·-.--------
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Endless Mountains Air, Inc. 

2012EA050008 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as 

follows: 

I 

Respondent, Endless Mountains Air, Inc., was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of $46,200. On December 13, 2013, Respondent submitted a written demand for a 

hearing. 

II 

1. Endless Mountains Air, Inc. is the holder of Air Carrier Certificate 

No. E52A768K. 

2. During the period from September 23,2011 to October 9, 2011 or 

thereabouts, Endless Mountains Air, Inc., operated a Cirrus SR20 

aircraft, identification number N624CP, in six (6) flights under the 

rules ofPart 135. 

3. During each of the above-referenced flights, Endless Mountains Air, 

Inc., used a pilot, one Randy Palmer (hereinafter "Mr. Palmer"), when 
Mr. Palmer had not, since the beginning of the lih calendar month 

before the fight, passed a written or oral test, given by the 

Administrator or an authorized check pilot, on his knowledge in the 

areas in set forth in Section 135.293(a) of the Federal Aviation 

Regulations (F ARs ). 

4. During each of the above-referenced flights, Mr. Palmer had not, since 

the beginning of the 12th calendar month before the flight, passed a 

flight check in a Cirrus SR-20 aircraft. 

III 

By reason of the foregoing facts and circumstances, Respondent violated the 

following section of the Federal Aviation Regulations: 

a. Section 135.293(a), which states that no certificate holder may use a pilot, 

nor may any person serve as a pilot, unless, since the beginning of the 

12th calendar month before that service, that pilot has passed a written or 

oral test, given by the Administrator or an authorized check pilot, on that 

pilot's knowledge in the following areas-- ( 1) The appropriate provisions 

of Parts 61, 91, and 135 of this chapter and the operations specifications 

and the manual of the certificate holder; (2) For each type of aircraft to be 

flown by the pilot, the aircraft powerplant, major components and 

systems, major appliances, perfonnance and operating limitations, 

standard and emergency operating procedures, and the contents of the 

approved Aircraft Flight Manual or equivalent, as applicable; (3) For 

each type of aircraft to be flown by the pilot, the method of determining 

compliance with weight and balance limitations for takeoff, landing and 

en route operations; (4) Navigation and use of air navigation aids 

appropriate to the operation or pilot authorization, including, when 

applicable, instrument approach facilities and procedures; ( 5) Air traffic 

control procedures, including IFR procedures when applicable; ( 6) 

Meteorology in general, including the principles of frontal systems, icing, 

fog, thunderstorms, and windshear, and, if appropriate for the operation of 

the certificate holder, high altitude weather; (7) Procedures for-- (i) 

2 
Recognizing and avoiding severe weather situations; (ii) Escaping from 

severe weather situations, in case of inadvertent encounters, including 

low-altitude windshear (except that rotorcraft pilots are not required to be 

tested on escaping from low-altitude windshear); and (iii) Operating in or 

near thunderstonns (including best penetrating altitudes), turbulent air 

(including clear air turbulence), icing, hail, and other potentially 

hazardous meteorological conditions; and (8) New equipment, 

procedures, or techniques, as appropriate. 

b. Section l35.299(a), which states that no certificate holder may use a 

pilot, nor may any person serve, as a pilot in command of a flight 

unless, since the beginning of the 12th calendar month before that 

service, that pilot has passed a flight check in one of the types of 

aircraft which that pilot is to fly. The flight check shall--!) Be given by 

an approved check pilot or by the Administrator; (2) Consist of at least 

one flight over one route segment; and (3) Include takeoffs and 

landings at one or more representative airports. In addition to the 

requirements of this paragraph, for a pilot authorized to conduct IFR 

operations, at least one flight shall be flown over a civil airway, an 

approved off-airway route, or a portion of either of them. 

IV 

l. Pursuant to 49 U.S.C. §4630l(a)(5), Respondent is subject to a civil penalty not 

to exceed $11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $46,200 is 

appropriate. 

WHEREFORE, the FAA, by counsel, respectfully · requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of$46,200. 

3 
Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Zachary M. 

~~~ \)~an 

Attorney 1 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice 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 13.209(e)). 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed 

as follows: 

4 
William J. Dobitsch, Jr. 

Endless Mountains Air 

Seamans Airport 

727 Windsock Lane 

Factoryville, PA 18419 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

~IF FILING BY FEDERAL EXPRESS 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building- Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Date: ______ _ 

Lis ooks 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

5 

EXHIBIT B 
II Complete items 1, 2, and 3. Also complete 

item 4 if Restricted Delivery is desired. 

1!1 Print your name and address on the reverse 

so that we can return the card to you. 

Ill Attach this card to the back o'f the mai!p_i_Bce, 

or on the front if space permits. --

~:~:·j: E o&aL£ ~ ff YES, enter delivery address below: D No 

Yfd!m ftmJai~tA. /U:U ~~tUtd {1vpiJUI-' 

· 1 .tJ ~tdd otl. ;/d1L6 

P!l- JJ1f/'l 

3. S~'Type 

.J!l Certified Mai! 

2. 1\J 

!L 7013 1090 0002 3027 1563 

PS Form 3811. February 200' Domestir: Return Receipt 

D Express Mail 

D Return Receipt for Merchandise 

oc.o.o. 

1 02595-02-M-1540 
CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Motion for Decision has been sent via Federal 

Express addressed as follows: 

William J. Dobitsch, Jr. 

Endless Mountains Air 

Seamans Airport 

727 Windsock Lane 

Factoryville, PA 18419 

Hon. J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building- Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

JAN 2 9 7014 

Date:. ______ _