U.S. Department of Transportation Federal Aviation Administration

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.:-::_ ! j /.'• Eastern Region Regional Counsel Telephone: 718 553-3278 Facsimile: 718 995-5699 1 Aviation Plaza Jamaica, NY 11434

CERTIFIED MAIL- RETURN RECEIPTREQUESTED F'l>MS 

## No. Federal AviationAdminisp-ation 

## FA A
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### 20 I 

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## '-1 IS 800 Independence**Avenu~,** S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Room 2014 ATTN: HEARINGDOCKET CLERK 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 upon the Respondent. The FAArequests that the hearing inthis matterbe held in the Allentown, PA, area, and expect thatthe hearingwill last one ortwo days. Please address all communications for the Federal Aviation Administration to the attention of Zachary M. Berman, Office ofthe Regional Counsel, 1Aviation Plaza Jamaica, NY 11434. Sincerely, Alfred R. Johnson, Jr. Regional Counsel

Hy

# ~**ZacharyM~ ~**  Attorney EnclosuresRegional Counsel for the**E~"iem** Region Federal Aviation Administration 1Aviation Plaza Jamaica,NY 11434 Endless Mountains Air, Inc. -20l2EA050008 Subject: FinalNotice ofProposed CivilPenal-tv Response Attachment In reply to your Final Notice ofProp-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 ofthe proposed civil penalty \);ith theunderstanding that an Order Assessing Civil Penalty'>lili beissued in that amount 2. Q9 Endless Mountains Air, Inc. her-eby requests a formal bearing in accordance v..ifu Section 13.16 ofthe 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: HearingDocketOerk). *:fo Please note that Endless Mountains Air. Inc. \\-ill not be entitled to a hearing ifit files this form with the Federal Aviation Administration. Eastern Region_ WITHOUT havin!! filed this fonn or awritten 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 32013

## ------------------------------~H=E~A~R~INGDOCKET In the Matter ofEndless Mountains Air, Inc. 2012EA050008 Judge NotAssigned

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 thatthe 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 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 (FARs). 4. During each ofthe above-referenced flights, Mr. Palmer had not, since the beginning ofthe 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 ofthe FederalAviation 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 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 eachtype ofaircraft 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 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, and windshear, and, ifappropriate 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, ortechniques, 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 whichthatpilot is to fly. The flight check shall--!)Begiven 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. 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 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 inthe amount of$46,200.

3Respectfully submitted, AlfredR. Johnson, Jr. Regional Counsel 

# Hy**72obmJ(ol~** Attorney 

### 1 FederalAviation 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 to file an answer (Section 13.209(e)).

CERTIFICATE OF SERVICE I hereby certifY that the foregoing Complaint has beenplaced this date in the United States mail, postageprepaid, by CertifiedMail

- Return ReceiptRequested addressed as follows:

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

Date:

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# ~di~ Paralegal Specialist FederalAviation Administration Office ofRegional Counsel 1AviationPlaza Jamaica, NY 11434

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