04/27/2011 11:30 FAX 202 2675106 11002/003 

o 

U.S. DepartmenT 

of Tronsportolton 

F«d«ral Aviation 

Admlnislration 

FACSIMILE 

April 27,2011 

Federal Aviation Administration 

600 Independence Ave., S.W. 

Wilbur Wright Building—Suite 2W1000 

Washington, D.C. 20591 

ATTN: Hearing Docket Clerk, AGC-430 

r^FNT Or 

Office of the Chief CdOftiel V - ? [^ j : "] ^0 0 Independence Avenue, S.W. 

Enforcement Division, AGC-SOO ~ ' " Washington, D C 20591 

/r^ I(E: Airlift Helicopters. /«c., FAA Docket No. Unassigned, Case No. 20 L0WP910098 f ^(/-OA' U 

Dear Sir or Madam: ^o|l'RuoO-CfP-^3^<5»- ^ 

Yesterday, April 26,2011, Complainant caused to be hand-delivered the original and one copy 

of the Complaint in the matter referenced above. Complainant expects the hearing in this case to 

last one (1) day and requests that it be held in Reno, Nevada. Respondent is located in Reno, and 

any witriesses and evidence are likely to be located near Reno. Please direct all i:orrespondence 

to the undersigned counsel at: 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Telephone; (202) 267-3452 

Facsimile: (202) 267-5106 

cole.milliard@faa.gov 

Sincerely, 

Nicholas R, Milliard 

Attorney 

Enforcemient Division, AGC-300 

OfiSce of the Chief Counsel 

Enclosure: Respondent's Request for Hearing 
04/27/2011 11:30 FAX 202 2675106 il003/003 

Federal Aviation Administration 

600 independence Ave. SW "^ •• 

Wilbur Wright Building Ste ZWIOOO 

Washington DC 20591 

Attn: Hearing l>ocket Cleric AGC-430/ Nicholas Millard 

Dear Sir/Maam, 

April 22,2011 

In Ifeu of the proposed civil penalty against Airlift Helicopters Inc. (ALH) case # 2010Wp911098, AL>I Is 

requesting a formal hearing. 

If you have any questions regarding this matter please contact me. 

Yours Truly, 

Justin Seyferth 

President 

Airlift Helicopters Inc. 
UNITED STATES OF AMERICA [1 ; r^" / " ^ r " 5 \ 

U. S. DEPARTMENT OF TRANSPORTATION ^ ? *^- ^ ? ,«. 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. Arr^ 2 3 2011 

) 

In the matter of ) FAA Docket No. Unassigned 

) Case No. 2010WP910098 

AIRLIFT HELICOPTERS, INC. ) Law Judge Unassigned 

) 

) 

*:EAR!NG DOCKET 

COMPLAINT 

Complainant, the Federal Aviation Administration, hereby files its Complaint pursuant to 

Rule 13.208 of the Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. § 13.208, and 

states as follows: 

I. 

1. Airlift Helicopters, Inc. ("Airlift" or "Respondent") was advised by a Notice of 

Proposed Civil Penalty dated August 17, 2010, and by a Final Notice of Proposed Civil Penalty 

dated April 13, 2011, that the FAA proposed to assess Airlift a civil penalty in the amount of 

$6,700.00. By a letter dated April 22, 2011, Respondent requested a hearing. The Enforcement 

Division of the FAA Office of the Chief Counsel received Respondent's written request for a 

hearing via FedEx Standard Overnight delivery on April 25, 2011. 

II. 

1. Airlift is now, and at all times mentioned herein was, the holder of Air Carrier 

Operating Certificate No. Y7FA840J issued pursuant to 14 C.F.R. part 119 and authorizing 

operations under 14 C.F.R. part 135. 

2. At all times mentioned in this document, a person who performed, directly or by 

contract, aircraft maintenance and preventative maintenance duties for an employer, as defined in 

1 
14 C.F.R. § 120.7(i), was performing a safety-sensitive ftmction under 14 C.F.R. § 120.105(e) 

and was a "covered employee" pursuant to 14 C.F.R. §§ 120.7(f) and 120.215(a)(5). 

3. At all times mentioned in this document, 14 C.F.R. § 120.109(a)(2) stated that no 

employer may allow an individual to transfer from a non-safety-sensitive to a safety-sensitive 

function unless the employer first conducted a pre-employment test and received a verified 

negative drug test result for that individual. 

4. At all times mentioned in this document, 14 C.F.R. § 120.109(b)(5), required that 

all employers conduct random drug testing of each person performing a safety-sensitive ftmction 

by a process that ensured each covered employee had an equal chance of being tested each time 

random selections for drug testing were made. 

5. At all times mentioned in this document, 14 C.F.R. § 120.217(c)(5), required all 

employers to conduct random alcohol testing of all covered employees in a manner that ensured 

each covered employee had an equal chance of being tested each time random selections for 

alcohol testing were made. 

6. Complainant's inspection of Airlift revealed the following: 

a. On or around January 28, 2010, Airlift transferred Seth Ranch from a nonsafety-sensitive function to a safety-sensitive function. 

b. Airlift failed to conduct a pre-employment drug test in accordance with 14 

C.F.R. part 120 for Seth Rauch prior to transferring him to a position where he would 

perform aircraft maintenance and preventative maintenance duties. 

c. Airlift failed to receive a verified negative drug test result for Seth Rauch 

prior to transferring him to a position where he would perform aircraft maintenance and 

preventative maintenance duties. 
d. On or around January 28, 2010, Seth Rauch performed aircraft 

maintenance and preventative maintenance duties for Airlift. 

e. Airlift failed to include Seth Rauch in its random pool for drug and 

alcohol testing. 

f By failing to include Seth Rauch in its random drug and alcohol pool. 

Airlift failed to conduct random drug and random alcohol testing of its safety-sensitive 

employees in a manner that would ensure each covered employee had an equal chance of 

being tested each time random selections were made. 

III. 

7. By reason of the foregoing, Airlift violated the following Federal Aviation 

Regulations: 

a. 14C.F.R.§ 120.109(a)(2); 

b. 14 C.F.R. § 120.217(c)(5); and 

c. 14 C.F.R. § 120.109(b)(5). 

8. Pursuant to 49 U.S.C. § 46301 (a)(5)(A), Airlift is subject to a civil penalty not to 

exceed $11,000 for each violation of the Federal Aviation Regulations. 

9. Under the facts and circumstances of this case and in accordance with FAA Order 

2150.3B, Appendix B, a civil penalty in the amount of $6,700.00 is appropriate for the violations 

in this case. 

10. Complainant suggests that the hearing be held in Reno, Nevada, as this will be 

closer to any likely witnesses or evidence to be presented at the hearing. 
Respectftilly submitted, 

Nicholas R. Milliard ^ 

Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administiation 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Telephone: (202) 267-3452 

Facsimile: (202) 267-5106 

cole.milliard@faa.gov 

Date: April 26, 2011 
CERTIFICATE OF SERVICE 

I hereby certify that I delivered by hand the original and one copy of the foregoing 

Complaint in In the Matter of Airlift Helicopters, Inc, FAA Docket No. Unassigned, Case No. 

2010WP910098, addressed to: 

Federal Aviation Administration 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

In addition, I hereby certify that I sent a copy of the aforementioned complaint by 

U.S. Certified Mail, return receipt requested, addressed to: 

Mr. Justin Seyferth 

President/CEO 

Airlift Helicopters, Inc. 

550 West Plumb Lane, B#401 

Reno, NV 89509 

Name: Bcl/k^fK Eoo^ h 

Date: A/UrjX ^&,1J^ ) 
^ 04/27/2011 11:30 FAX 202 2675106 

lglOOl/003 

OFFICE OF THE CHIEF COUNSEL 

ENFORCEMENT DIVISION - AGC-300 

FEDERAL AVIATION ADMINISTRATION 

800 INDPENDENCE AVENUE, S.W. 

WASHINGTON, D.C. 20591 

PHONE: (202) 267-5158 FAX: (202) 267-5106 

FACSIMILE TRANSMITTAL SHEET 

TO: 

Hearing Docket Clerk, AGC-430 

COMPANY: 

FAX NUMBER: 

(202)493-5142 

PHONE NUMBER: 

FROM: 

Nicholas R. Milliard 

DATE: 

04/27/2011 11:22:29 AM 

TOTAL NO. OF PAGES INCLUDING COVEt;.: 

3 

SENDER'S PHONE NUMBER: 

(202) 267-3452 

RE: YOUR REFERENCE NUMBER: 

Airlift Helicopters, Inc. 

2010WP910098 

D ORQENT B FOR REVIEW D PLEASE COMMENT D PLEASE REPLY D PLEASE RECYCLE 

NOTES/COMMENTS: 

Dear Sir or Madam: 

Enclosed are the cover letter for the complaint in Airlift 

Helicopters and a copy of Airlift's request for a hearing. My 

apologies for omitting them. Please contact me if you have 

any questions. 

Sincerely, 

Nicholas R. Milliard