# RECEIVED U.S. DEPARTMENT OF TRANSPORTATION FEDERALAVIATIONADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

### JAN 30**201~**

## ------------------------------~H~E~Au=RINGDOCKET Inthe Matter ofEndlessMountains Air, Inc.

FDMS No. FAA-2013-0848

MOTIONFORDECISION 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 ofProposed Civil Penalty that the FAA proposedto assess a civil penalty inthe amount of$46,200. On December 13, 2013, Respondent submitted a written demand for ahearing. (2) OnDecember 17, 2013, the Agency served its Complaint. ExhibitA. (3) The Complaintwas 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) ofthis subpart instead of filing an answer, notlater than 30 days after service ofthe 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 addedto the prescribedperiod." (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 ofthetruth ofeach allegation contained inthe 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) Respondenthas not demonstrated good cause for its failure to file an answer. (10) As a result ofRespondent's failure to file an answer, the truth ofeach allegation inthe Complaintmust be deemed admitted. (11) Inthe Complaint, the following was alleged:

1. Endless Mountains Air, Inc. is the holder ofAir 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

2aircraft, identification number N624CP, in six (6) flights under the rules ofPart 135. 3. During each ofthe above-referenced flights, Endless Mountains Air, Inc., used a pilot, one Randy Palmer (hereinafter "Mr. Palmer"), when Mr. Palmer had not, since the beginning ofthe 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. Palmerhad not, since the beginning ofthe 12th calendar month before the flight, passed a flight checkin a Cirrus SR-20 aircraft. 5. By reason of the foregoing facts and circumstances, Respondent violatedthe following sections ofthe FederalAviationRegulations: 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 ofthe 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 ofParts 61, 91, and 135 ofthis chapter and the operations specifications and the manual ofthe 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 ofthe approved Aircraft Flight Manual or equivalent, as applicable; (3) For eachtype ofaircraft to be flown by the pilot, the method ofdetermining 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 3rotorcraft 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 otherpotentiallyhazardous 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 whichthatpilotis to fly. The flight check shall--!) Be given by an approved checkpilot orbythe Administrator; (2) Consist ofat least one flight over one route segment; and (3) Include takeoffs and landings at one or more representative airports. In addition to the requirements ofthis 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 aportion ofeither ofthem. 12. As a result of Respondent's failure to file an answer, it has effectively defaulted onits right to ahearing. In the Matter ofSafetyEquipment and Sign Co., LTD, FAA OrderNo. 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 penaltyinthe amount of$46,200, as proposedbythe Agency.

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative Law Judge enter an order that Respondentbe assessed a civil penalty inthe amount of$46,200. Inthe alternative, it is requestedthatthe hearing be

4limitedtothe issue ofsanctions. Respectfully submitted, AlfredR. Johnson, Jr. Regional Counsel

By:

# ~~**Zachary~**nnan Attorney Federal Aviation Administration 1AviationPlaza Jamaica, NY 11434 718 553-3258 718 995-5699

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## EXHIBIT AU.S. Department of Transportation Federal Aviation Administration ! I Eastern Region Regional Counsel Telephone: 718 553-3278 Facsimile: 718 995-5699
CERTIFIED MAIL- RETURNRECEIPT REQUESTED FederalAviation Administration 800 Independence Avenue, S.W. Washington, D.C.20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Room 2014 ATTN: HEARING DOCKET CLERK 1Aviation Plaza Jamaica, NY 11434

Re: Endless Mountains Air, Inc., 2012EA050008 Enclosed herein please find a copy ofa request for hearing and the original and one copy ofthe FAA's Complaint in the above-entitled action for filing, together with proofofservice uponthe Respondent. The FAA requests that the hearing in this matterbe held in the Allentown, PA, area, and expect that thehearingwill last one ortwo days. Please address all communications for the Federal Aviation Administration to the attention of Zachary M. Bennan, Office ofthe Regional Counsel, 1Aviation Plaza Jamaica, NY 11434. Sincerely, AlfredR. Johnson, Jr. Regional Counsel

EnclosuresRegjonal Counsel for the Eastern Region Federal Aviation Administration 1A\iatlon Plaza Jamaica, NY 11434 Endless Mountains Air, Inc.

- 2012EJ..05DOOS Subject Final Notice ofProposed Civil Penaltv Resnonse Attachment In reply to your Final Notice ofPropos<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 ofthe proposed civil penalty \tiL.1 the understanding that an Order Assessing Civil PenaltyVtlli be issued in that amount 2. Q9 Endless Mountains Air, Inc. hereby requests a formal hearing in accordance \vifu Section 13.16 ofthe 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:uaiAvia1ion Admini:stntiun, 800 Independen£f Avenue, S.'\Y., Room 924A,**Washington~** DC2tl591, Attention: HearingD-odatClerk). ** Please note that Endless**i~dountains** Air. Inc. \'1-i.ll not be entitled to a hearina ifit 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. AITORl'<EYiRil'RESEl'iIAllVE Name: Firm: Address: Phone No·-.--------U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.

Inthe Matter ofEndless 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 FAAproposedto 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 ofAir 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 ofthe above-referenced flights, Endless Mountains Air, Inc., used apilot, one Randy Palmer (hereinafter "Mr. Palmer"), whenMr. Palmer had not, since the beginning ofthe 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 (FARs). 4. During each ofthe above-referenced flights, Mr. Palmerhad not, since the beginning ofthe 12th calendar month before the flight, passed a flight check in aCirrus SR-20 aircraft.

III By reason of the foregoing facts and circumstances, Respondent violated the following section ofthe Federal Aviation Regulations:

a. Section 135.293(a), which states that no certificate holder may use apilot, nor may any person serve as a pilot, unless, since the beginning ofthe 12th calendar month before that service, that pilot has passed awritten 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 ofParts 61, 91, and 135 ofthis chapter and the operations specifications andthe manual ofthe certificate holder; (2) For each type ofaircraftto 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 ofaircraft to be flown by the pilot, the method ofdetermining 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 offrontal systems, icing, fog, thunderstorms, andwindshear, and, ifappropriate for the operation of the certificate holder, high altitude weather; (7) Procedures for-- (i) 2Recognizing 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 pilotis to fly. The flight check shall--!) Be given by an approved checkpilot orby the Administrator; (2) Consist ofat least one flight over one route segment; and (3) Include takeoffs and landings at one or more representative airports. In addition to the requirements ofthis 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 aportion ofeither ofthem. 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 ofthe 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.

3Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel

By:

# ~~~ ZacharyM.

### \)~an Attorney 1 Federal Aviation Administration 1AviationPlaza 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, oftheFederalAviation 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 afterthe date shown on the Certificate ofService. A general denial is deemed a failure tofile 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, postageprepaid, by CertifiedMail

- ReturnReceiptRequested addressed as follows:

4William J. Dobitsch, Jr. Endless Mountains Air Seamans Airport 727 WindsockLane Factoryville, PA 18419 FederalAviationAdministration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: HearingDocket Clerk, AGC-430 WilburWrightBuilding- Room 2014**~IF** FILING BYFEDERAL EXPRESS FederalAviation Administration (Original and one copy) 600 Independence Avenue, SW Wilbur WrightBuilding-Room2014 Washington, DC 20591 Attn: HearingDocket Clerk, AGC-430

Date:

______ _ Lis ooks Paralegal Specialist Federal Aviation Administration Office ofRegional Counsel 1AviationPlaza Jamaica, NY 11434

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## EXHIBIT BII 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

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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.

102595-02-M-1540CERTIFICATE 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, AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (Ell-310) Washington, DC 20590

FederalAviationAdministration (Original and one copy) 600 Independence Avenue, SW WilburWrightBuilding-Room 2014 Washington, DC 20591 Attn: HearingDocketClerk, AGC-430



### JAN 297014 Date:.

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