U.S. Department 

of Transportation 

Federal Aviation 

Administration . . :-::_ ! j /.'• 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3278 

Facsimile: 718 995-5699 

1 Aviation Plaza 

Jamaica, NY 11434 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

F'l>MS No. 

Federal Aviation Adminisp-ation FA A - 2 0 I 3 - 0 8 '-1 IS 

800 Independence Avenu~, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

ATTN: HEARING DOCKET CLERK 

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. Berman, Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

Hy ZacharyM~ ~ ~ 

Attorney 

Enclosures 
Regional Counsel for the E~"iem Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Endless Mountains Air, Inc. -20 l2EA050008 

Subject: Final Notice of Proposed Civil Penal-tv 

Response Attachment 

In reply to your Final Notice of Prop-ost'rl Ci'vll Penalty Endless Mountains Air, Inc. elet.13 to proceed as indicated by its check mark 

beside the numbered paragrnph below: 

1. U Endless Mountains Air, h;,c_ hereby submits the amount of the proposed civil penalty \);ith the understanding that an Order 

Assessing Civil Penalty '>lili be issued in that amount 

2. Q9 Endless Mountains Air, Inc. her-eby requests a formal bearing in accordance v..ifu Section 13.16 of the Federal Aviation 

Regulations. 

By sending this form to the F-ederal Aviation Administration, Eastern Region, Endless 

Mountains Air, Inc. also hereby certifies tbat a copy of this fonn has been filed witb the 

Hearing Docket Gerk (Hearing D«ket, Federal Aviation Administntion, 800 Independence 

Avenue, S.'\V., Room 924A, Wasbiington, DC 2$591, Att-ention: Hearing Docket Oerk). 

*:fo Please note that Endless Mountains Air. Inc. \\-ill not be entitled to a hearing if it files this form with the Federal Aviation 

Administration. Eastern Region_ WITHOUT havin!! filed this fonn or a written request for a hearimr with the HEARING DOCKET 

CLERK. 

ATIORl'iEYIREPRESEl'>'TATIYE 

Name: 

Firm: 

Addiess: ,------- Phone No.--------
RECEIVED U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. DEC 2 3 2013 

------------------------------~H=E~A~R~INGDOCKET 

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.F.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 121h 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 ofthis 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 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. 

b. 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 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 

1. 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 

Hy 72obmJ(ol~ 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, P A 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 A venue, SW 

Wilbur Wright Building- Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Date: ------- ~di~ Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

5