OG/03/2010 10:53 FAX 2024335142 FAft •> DM S @iooi/ooe 

e 

U.S. Department 

of Transportation 

Federal AviaWon 

Administration 

^•')•'^^ l 

800 Independence Avenue, S.W. 

Washington. DC. 20591 

Tn Person Delivery 

May 27, 2010 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Attention; Hearing Docket Clerk, AGC-430 

Re: In ihe Mailer of Western Aviators, Inc., FAA Docket No. CP10NM003 

Dear Judge Goodwin: 

Enclosed please lind an executed original and one copy of the complaint in the above-referenced 

caiSe. Complainant notes that there is a pending motion to dismiss a request for a hearing. Also 

enclosed is an original and one copy of a motion for an extension of time to conduct discovery. 

Respectfully, 

Laura E. Jennings, Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Enclosures 

cc; Richard L. Fowler, President 

Western Aviators, Inc. 

2533 Lanyon Drive 

Longmont, CO 80503 

(Served by Federal Express) 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the matter of; 

WESTERN AVIATORS, INC. 

FAA Docket No. CP10NM003 

Judge Richard C. Goodwin 

Hearing Location: Denver, CO 

COMPLAINT 

The Federal Aviation Administration (FAA or Complainant), by counsel, hereby 

files its Complaint, pursuant to Rule 208 of the Rules of Practice in FAA Civil Penalty 

Actions (14 C.F.R. § 13.208), and states as follows: 

1. 

1. Western Aviators, Inc. (Western Aviators), is now, and at all times 

mentioned in this document was, the holder of Air Carrier Certificate Number 

W6TA678Y, issued under 14 C.F.R. part 119 and appropriate operations specifications 

issued under 14 C.F.R. part 135 of the Federal Aviation Regulations. 

2. At all times mentioned in this document, 14 C.F.R. § 135.251(a) required 

thai Western Aviators test each employee who performs a function listed in 14 C.F.Rpart 121, Appendix I, in accordance with that appendix. 

3. Under 14 C.F.R. part 121, Appendix I, Section III, an employee who 

performs flight crewmember duties, a safety-sensitive function, directly or by contract for 

Western Aviators, must be subject to drug testing under an antidrug program 

implemented in accordance with that appendix. This includes full-time, part-time, 

temporary, and intermittent employees regardless of the degree of supervision. 
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4. At all times mentioned in this document, 14 C.F.R. part 121, Appendix I, 

Section V.A.I prohibited Western Aviators from hiring any individual for a safetysensitive function unless it had first conducted a pre-employment test and received a 

verified negative drug test result for that individual. 

5. Regarding employee Brent fjodkin: 

a. On or about September 20, 2007, Brent Bodkin wjis administered a 

pre-employment drug test under Western Aviators's antidrug program. 

b. On November 1, 2007, Western Aviators hired Brent Bodkin to 

perform flight crewmember duties. 

c. On or about November 5, 2007, Western Aviators permitted Brent 

Bodkin to begin performing flight crewmember duties for Western Aviators, 

d On or December 9, 2008, Western Aviators's Medical Review 

Officer ("MRO") verified Brent Bodkin's pre-employment drug test as negative 

for a prohibited substance and reported the verified negative result to Western 

Aviators. 

e. Western Aviators hired Brent Bodkin for a safety-sensitive 

function without first conducting a pre-employment drug test and receiving a 

verified negative drug test result for him. 

6. By reason of the foregoing. Western Aviators violated 14 C.F.R. 

§ 135.251(a), in that it failed to test each employee who performed a function listed in 14 

C.F.R. part 121, Appendix I in accordance with Section V.A.I of that appendix. 
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IL 

In accordance with 49 U.S.C. § 46301(a)(5)(A), Western Aviators is subject to a 

civil penalty not to exceed $11,000 for each violation of the Federal Aviation 

Regulations. By reason of the foregoing facts and circumstance.?, the FAA finds that a 

civil penalty in the amount of $7,700 is appropriate lor the allegations set forth in section 

I of this Complaint. 

Wherefore, the Complainant requests that the Administrative Law Judge enter an 

order assessing Western Aviators a civil penalty in the amount of $7,700. 

Peter J. Lynch 

Assi.stant Chief Counsel 

for Enforcement 

By: rX_aAKMX 

Laura E. .Jennings 

Attorney, Enforcement Division/AGC^-3 00 

Office of the Chief Counsel 

Tel: (202) 267-3452 

Fax:(202)267-5106 

Date: May 27, 2010 
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Certificate of Service 

I hereby certify that on this date sent by Federal Express a copy of the complaint 

in the case of In the Matter of Western Avialiom, Inc.. FAA Docket No. CP10NM003, 

addressed to; 

Mr. Richard L. Fowler, President 

Western Aviators, Inc. 

2533 Lanyon Drive 

Longmont, CO 80503 

In addition, I hereby certiiy that on this date I delivered in person the original and 

one copy of the foregoing document to: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

^JUM^-YMX ^)CUi^ 

Dated: May 27, 2010 
OG/03/2010 10:53 FAX 2024935142 FAA + DMS 121006/008 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the matter of: 

WESTERN AVIATORS. INC. 

FAA Docket No. CP10NM003 

Judge Richard C. Goodwin 

Hearing Location: Denver, CO 

COMPLAINANT'S MOTION FOR AN EXTENSION OF TIME 

TO CONDUCT DISCOVERY 

Pursuant to 14 C.F.R. § 13.218 of the Rules of Practice in Federal Aviation 

Administration Civil Penalty Actions the Federal Aviation Administration ("FAA" or 

"Complainant") hereby files this motion for an extension of time to conduct discovery. In 

support of this motion, the FAA states as follows: 

1. On May 24, 2010, the FAA received Judge Richard C. Goodwin's procedural 

order. The order requires discovery to be completed by June 1, 2010. 

2. On April 29, 2010, under 14 C.F.R. § 13.2l8(f)(2)(i), the FAA filed amotion to 

dismiss Western Aviators, Inc's request for a hearing based on it having been untimely filed. 

The rule, 14 C.F.R. § I3.2l8(f)(2)(i), states that if the motion to dismiss is denied, the agency 

attorney must then file a complaint within ten days of the ruling. The motion remains pending, 

however, agency counsel filed the complaint in the case today, May 27, 2010, based on the 

procedural order received setting forth a discovery deadline, among other items. 

3. Because the complaint is being filed today, and Western Aviators, Inc. has not 

filed an answer to the complaint, the FAA respectfully requests that the date to conclude 

discovery be extended by thirty days from when Western Aviators, Inc. files its answer to the 

complaint. Or, in the alternative, the FAA rcspcctfiilly requests that discovery be dcrcrretl until a 
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ruling is received on the pending motion do dismiss. To date, neither party has commenced 

discovery. 

WHEREFORE, the FAA respectfully requests that this motion for aui extension of time to 

conduct discovery be granted. 

Date: May 27, 2010 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

Enforcement Division, AGC-300 

[mjuAA. /^-

Laura E. Jennings' 

Attorney, AGC-300 

Federal Aviation Administration 

Office of the Chief Counsel 

800 Independence Ave., S.W. 

Washington, D.C- 20591 

Telephone: (202) 267-3452 

Facsimile: (202) 267-5106 
06/03/201 0 10:54 FAX 2024935142 FAA * DMS 0008/00 8 

Certificate of Service 

I hereby certify that on this date sent by Federal Express a copy of the motion for an 

extension of time to conduct discovery in the case of In the Matter of Western Aviations, Inc.. 

FAA Docket No. CP10NM003, addressed to: 

Mr. Richard L. Fowler, President 

Western Aviators, Inc. 

2533 Lanyon Drive 

Longmont, CO 80503 

Tn addition, T hereby certify that on this date I delivered in person the original and one 

copy of the foregoing document to: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

vA(9--^MA3^ CW^aJ 

Dated: May 27, 2010