07/07/2015 09:15 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

July 7, 2015 

4252271007 ANH7 

Northwest Mountain Region 

Office of Regional Counsel 

Colorado1 Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425) 227-2161 

Fex: (425) 227-1007 

jeffrey.harper@faa.gov 

VIA FACSIMILE AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building 

800 Independence Avem.le, SoutJJwest 

Washington, DC 20591 

Re: In the Matter of Classic .Ai.r Aviation, LLC, FAA Case No. 2015WP9l0053 

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

Complaint in this proceeding. 

PAGE 02/10 

The FAA requests that the bearing in this matter be held in Phoenix, Arizona, and expects th.e 

hearing will last one day. For scheduUng purposes, counsel for the FAA is currently 

unavailable on the following dates in 2015: 

August 21-29, 

September 9-14, 

September 18-21, 

October 16-19, 

November 20-23, and 

December4-7. 

In 2016, counsel for the FAA is currently unavailable on: 

January 22-25, 

February 19-22, 

March 18-21, 

ApriliS-18, 

May 20-23, 

June 24-27, 

July 15-18, 

August 26-29, and 
07/07/2015 09:15 4252271007 ANM7 

Classic Air Aviation, LLC -FAA Case No. 201SWP9100S3 

July 7, 20)5 

Page 2 of2 

September 16-19. 

Please address all communications to the undersigned at: 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Li.ndAvenue Southwest 

Renton, Washington 98057 

(425) 227-2161, Fax: (425) 227-1007 

.--, Z

.·nce .y, ,....., 

7 ( ~~ 

~ ; ~- - l"!/i/' 

/1. M. Harper 

FAA Attorney 

Enclosure: Request for Hearing (Appeal) 

Complaint 

cc: Ms. Carolina Marin-Henriquez, Esq. 

3780 Kilroy Airport Way, Suite 200 PMB 301 

Long Beach, CA 90806 

Mr. Michael A Urbano, Esq. 

The Law Offi.ces of Michael A Urbano, P.L.L.C. 

4809 East Thistle Landing Dreive, Strite I 00 

Phoenix, AZ 85044 

PAGE 03/10 
07/07/2015 09:15 4252271007 

Jeffrey M. Harper 

FAA Office of Regional Counsel 

:1.60:1.llnd Avenue Southwest 

Renton, Washington 98057 

T (425) 227-2161 

F (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Classic Air Aviation, LLC 

FAA Case No. 2015WP910053 

DMS No. Not assigned 

Judge: Not assigned 

COMPLAINT 

PAGE 04/10 

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

pursuant to Rule 208 of the Rules ofPractice (14 C.F.R. § 13.208), and states as follows: . 

I. 

On June 16, 2015, Classic Air Aviation, LLC, was advised through a Final Notice of 

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

$30,796. On July 2, 2015, Classic Air Aviation, LLC, submi.tted a written request for a 

hearing. 

H. 

1. Classic Air Aviation, LLC (CAA) is now, and at all times relevant herein was, the 

holder of Letter of Authorization No. 4CLJSSIC, issued by the Federal Aviation 

Ad.m.inistration (FAA), autb.orizb:cg it to conduct comm.el'cial air tour operations 

under SectJ.on 91.147 of the Federal Aviation Regulations (FAR), J')tle 14, Code 

of Federal Regulations (C.F.R.), Chapter I. 

2. At all times relevant herein, CAA certified it would comply with the requirements 

of 14 C.F.R. Part 120 a:J:cd 49 C.F.R. Part 40 faT its Antidrug and Alcohol Misuse 

Prevention Program. 
07/07/2015 09:15 4252271007 ANM7 

3. At all times relevant herein, CAA's Letter of Autl1orization authorized it to usc 

civil aircraft N 461 77 in the conducts of its Section. 91.14 7 commercial air tour 

operations. 

4. Random selections are made, and at all times relevant herein were made, fi:am 

CAA' s DOT random drug and alcohol testing pools every month. 

5. CAA hired the following individuals on the dates shown to perform safety 

sensitive functions: 

Mark Torgerson 

Joel Tricomo 

Pieter Mead 

Zachary Forsberg 

Jordan Rumohr 

January 1, 2013 

December 17, 2013 

December 18,2013 

January 30, 2014 

March 20, 2014 

6. Pre-Employment Drug Testing: 

a. CAA did not subject Mr. Tricomo to a Department of Transportation (DOT) 

pre-employment drug test until January 16, 2015. 

b. CAA never subjected Mr. Mead to a DOT pre-employment drug test. 

c. CAA never subjected Mr. Forsberg to a DOT pre-employment drug test. 

d. CAA never subjected Mr. Rumohr to a DOT pre-employment drug test. 

7. Perform.ance of Safety-Sensitive Work: 

a. Mr. Torgerson performed safety-sensitive work on N46177 on. 

October 19, 2013. 

PAGE 05/10 

b. Mr. Tricomo performed safety-sensitive work on N46177 on January 30, 2014; 

February 18, 2014; July 2, 2014; and September 24,2014. 

c. Mr. Mead performed safety-sensitive work on N46177 on December !8, 2013. 

d. Mr. Forsberg performed safety-sensitive work on N46177 on June 3, 2014. 

e. Mr. Rumohr performed safety-sensitive work on N46l77 on August 26, 2014; 

September 9, 2014; and September 11, 2014. 

8. DOT Random Drug and Alcohol Testing Pools: 

Complaint 

In the Maner of Classic Air Aviation, LlC 

FAA Case No. 2015WP9l0053, DMS No. Not Assigned 

Page2of6 

Jeffrey M. Harper1 FAA Attorney 

T (426) 227-~l.61 

F (425) 227·1007 
07/07/2015 09:15 4252271007 ANM7 

a. :Mr. Torgerson was not added to CAA's DOT random drug and alcohol testing 

pools at any time between the date:: he washired by CAA and 

Jru:mruy 27, 2014, the date he left the employ of CAA. 

b. :Mr. Tricomo was not added to CAA's DOT random drug and alcohol testing 

pools before March 1, 20 15. 

c. :Mr. Forsberg was not added to CAA's DOT rat1dom drug and alcohol testing 

pools at atlY time between the date he was hired by CAAand June 10, 2014, 

the date he le.ft the employ of CAA. 

9. Mr. Rm:nohr was not added to CAA's DOT random drug and alcohol testing pools 

at any time between the date he was hired by CAAand October 30,2014, the date 

he left the c::mploy of CAA. 

III. 

1. By reason o.fthe foregoing circumstance(s), CAA violated the following sections of 

the Federal Aviation Regulations (14 C.F.R.): 

PAGE 05/10 

a. Section 120.105, in that empl.oyees performing safety-sensitive function.s were not 

subject to a drug testing program implemented in accordat1ce with 14 C.F .R. 

Part 120, Subpart E. 

b. Section l20.109(a)(l), in that it hired individuals to perform safety-sensitive 

functions listed in 14 C.P.R. Section 120.105 when it did not first conduct a preemployment drug test and received a verified negative drug test result for those 

individuals. 

c. Section l20.215(a), in that employees performing safety-sensitive functions were 

not subject to an alcohol testing program implemented in acconfunce with 

14 C.F.R. Part 120, Subpart F. 

2. Under 49 U.S.C. § 46301(a) and (d), as modified at 14 C.F.R. Part 13, CAA is liable 

for a civil penalty not to exceed $11,000 for each of the violations noted. 

3. Under the facts and c.i.rcumstat1ces of this case, a civil penalty of $30,796 is 

appropriate. 

Complaint 

In the Metter of Classic Air Aviation, LLC 

FM Case No. 2015WP910053, DMS No. Not Assigned 

Pege 3 of 6 

Jeffrey M. Harper, FM Attorney 

T (425) 227-2161 

F (425) 227-1007 
07/07/2015 09:15 4252271007 ANM7 

Respectfully submitted this 7th day of July, 2015. 

~~-~ Attorney 

Complaint 

In the Matter of Classic Air Aviation, LLC 

FAA Case No. 20:1.5WP910053, DMS No. Not As;igned 

Page 4 of I'J 

PAGE 07/10 

Jeffrey M. Harper, FAA Attorney 

T (426) 227-216). 

F (426) 227·1007 
07/07/2015 0g:15 4252271007 ANM7 

ANSWER 

In accordance with Section l3.209(a) of the Federal Aviation Regulations, CAA must 

answer tills Complaint not later than thirty (3 0) days after the date the Complaint is 

served. Failure to file an Answer within thirty (30) days without good cause shall be 

deemed an admission of the truth of each allegation contained in the Complaint. 

l4 C.F.R. § 13.209(£). 

PAGE 08(10 

Complaint 

tn the Matter of Classic Air Aviation, LI..C 

FAA Case No. 2015WP910053, OMS No. Not Assigned 

Page 5 of 6 

Jeffrey M. Harper, FAA Attorney 

T (425) 227·2161 

F (425) 227-1007 
07/07/2015 09:15 4252271007 ANH7 

CERTIFICATE OF SERVICE 

I hereby certify that the Complaint has been served via facsimile and Certified MailReturn Receipt Requested this date, to the following: 

Attn: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building- Suite 2Wl 000 

Federal Avial~on Administration 

800 lndependeJJCe Avenue SW 

Washington, DC 20591 

F: (202) 267-.1293 

Ms. Carolina Marin-Hellriquez, Esq. 

3780 Kilroy Airport Way, Suite 200 PMB 301 

Long Beach, CA 90806 

T (562) 304-2805 

F (562) 252-0216 

cmh@thel.awconcierge.com 

Mr. Michael. A Urbano, Esq. 

The Law Offi.ces of Michael A. Urbano, P.L.L.C. 

4809 East Thistle Landing Drive, Suite 100 

Phoenix, AZ 85044 

T (480) 759-0035 

F (480) 759-0042 

michael@urbanolaw.com 

Dated this 7th day of July, 2015. 

,_, ··---" h'~~~.,_ ana Stephenson 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

160 l Lind A venue Southwest 

Renton, WA 98057 

(425) 227-2164 

PAGE 09/10 

Cornplaint 

ln the Matter of crassic A1r Aviation, lLC 

FAA Case No. 2015WPS~0053, DMS No, Not Assigned 

Page 6 of6 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425)227-;1.007 
07/07/2015 09:15 4252271007 

07/02/2015 lB:lB 4866415306 

ANH7 

STAPLES 1320 

Classic Air Aviation, LlC 

4805 E F<1lco n Drive, Me•a A.Z 85215 

Tel: (1>02) ~74-5376 

Email: kadg.@dassicairavlatlan.com 

To: Federal Aviation Administration 

Office af Regional Counsel-ANM-7 

Northwegt Moontllln Region 

1601 Und Avenue Sout~st 

Renton, WA 98057 

Sent vir1 U.S. Certified Mail, 

Retum Receipt Requested, 

Ancl t::rnai/ to ltftrev.hCirper@faa.qov, 

And FtDI 425-227-2007 

July 2. 2015 

RE; FAA Case N. ZQ1SWP910053 Classic Air Aviation, UC 

De3r Mr. Harper, 

PAGE 10/10 

PAGE 02/02 

Please accept this letter as our response from Classic Air Aviation, LLC to the Final Notice of Proposed 

Clvll Penalty date<! June 16,2015 and received by an authorb!ed member cf management on Juri"~. 

2015. ihls letter selVeS as notice to formally reque.t "'hearing in this matter. Additionally this letter Is 

. our intent to stay any fines orflndinss offact and/or fault until said hearing. 

We regrettnat we have not been abl" to settle this matter to terms that are equally agreeaple t:a both 

parties, however we •re still hopeful that a settlement can be rt!;lched prio' to any hearing. Please be 

advised of our intent to retain new legal counsel regarding this matter; his contact information <s as 

follows. 

Michael Urbano Esq. 

L~W Offlc"" of Michael Urbano, PLLC 

4S09 E Thistle Drive, STE 100 

Phoen~ AI.. 85042 

(P) 4S0·759-C03S 

(F) 480" 759-Q042 

mjchae\@urbanolaw,£Qm 

Mr. Urbar.o iil:ely will be tiling a letter of rePresentation sometime next week. 

Thank you in advBnce for yo~r attention in this mattE!r, ph~ase do not hesttata to contact me with any 

questions at 602-574-5376. 

Respe~ully Yours, 

~Uv c(?»lfh Kacle M. ausoh 

Operations Man•ger . 
07/07/2015 0g:15 4252271007 ANM7 

FACSIMILE MESSAGE 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF REG TONAL COUNSEL 

ANM-7 

1601 LIND AVENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/10 

The information contained in this facsimile message is legally privileged and confidential 

infonnation and is intended only for the use of the individual named on this cover sheet. 

Jf the reader of this message is not the intended recipient, you are hereby notified that any 

use, dissemination, di.stribution, or copy of this facsimile is strictly prohibited. If you 

have received this facsimile i.n error, please immediately notify us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

RE: 

Complaint 

July 7, 2015 

Docket Clerk AGC-430 

202-267-1293 

FAA Case No. 

2015WP910053 

NO. PAGES: 

FROM: 

FAX NO.: 

PHONE NO.: 

EMAIL: 

10 including cover 

J efftey M. Harper 

425-227-1007 

425-227-2161 

JEFFREY .HA RPER@FAA.GOV