UNITED STATES OF AMERICA U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

IN THE MAITER OF M.T.I. TRAVEL, INC. FAA DOCKETNO. FAA-2014-0110 (Civil Penalty Action) FAA CASE NO. 2013S0950011 

# RECEIVED JUL 1 5 2014 

## HEARING DOCKET

COMPLAINANT'S RESPONSE TO RESPONDENT'S DEMAND FOR PRODUCTION OF DOCUMENTS

The Federal Aviation Administration (FAA), by counsel, hereby files its response to Respondent's Demand for Production ofDocuments, pursuant to 14 C.P.R. 13.220, and states as follows:

1. List and submit to Respondent's counsel all exhibits you intend to use at the hearing inthis case. ANSWER: Each and every document listed in Section C ofthe Enforcement Investigative Report may be used as an exhibit inthis case. Copies are enclosed. 2. State the names ofany witnesses that you may call at the time ofthe hearing. as well as their addresses and occupations. ANSWER: VirginiaLozada. Manager, Eastern Compliance and Enforcement Center, FAA Miami Compliance & Enforcement Field Office, 2895 S.W. !45thAve., Miramar, FL 33027. Santos Santoni-Rios, Inspector, Eastern Compliance and Enforcement Center, FAA Miami Compliance & Enforcement Field Office, 2895 S.W. !45thAve., Miramar, FL 33027. Rick Ciuzio, Inspector, Eastern Compliance and Enforcement Center, FAA Miami Compliance & Enforcement Field Office, 2895 S.W. !45thAve., Miramar, FL 33027. 1Danny Yagubyan, Office Administrator, New Era Drug Testing, 432 West Broadway, Glendale, CA 91204. 3. Attach all docwnents inthe possession ofthe FAA that involve any ofthe allegations contained in the Complaint, whether ornot the FAA intends to use the docwnents at the hearing. ANSWER: Attached. 4. Attach copies ofall written correspondence betweenthe FAA and NewErapertainingto respondent, James Miller and MTI Travel, Inc. ANSWER: Attached 5. State the names ofall persons with knowledge ofthese allegations who are or were employed with New EraDrug Testing. To be clear, Respondent is seeking any and all documents including emails, computer data, and hard copy docwnents betweenNew Era and the FAAhaving any relationto the subject ofeither James Miller and/or MTI Travel, Inc., as ofJanuary 1, 2010 until the present. ANSWER: Danny Yagubyan, Office Administrator, New Era Drug Testing, 432 West Broadway, Glendale, CA 91204. Any relevant docwnents are attached. 6. State the names ofall persons with knowledge ofthese allegations who are or were employed with Lab Corp. To be clear, Respondent is seeking any and all docwnents including emails, computer data, hard copy documents between Lab Corp and the FAA, having any relation to the subject of either James Miller and/or MTI Travel, Inc., as of2010until the present. ANSWER: No such docwnents exist. Investigation continues. 7. Please provide a swnmary ofany proposed testimony ofany ofthe FAA's witnesses who may or may not testify at the hearing. ANSWER: Ms. Lozada, and Inspector's Santoni-Rios and Ciuzio, are expectedto testify concerning the inspection that was conducted on October 3, 2012, and the resulting enforcement actionthat was recommended. Mr. Yagubyan is expectedto testify concerningthe procedures for random drug testing that existed on the dates relevant to the FAA's Complaint. 8. Narne any expert witnesses the FAA may call at the time ofthe hearing. ANSWER: None are anticipated at this time. 9. State specifically, whichFederal Aviation Regulations the FAA accuses MTI Travel Inc., of violating. ANSWER: Please see the FAA's Complaint. 210. Withregard to any allegations that James Miller failed to attend random drug testing, state the dates and times the FAAmaintains such failure occurred. ANSWER: Please see the FAA's Complaint. 11. Withrespect to the previous question, attach copies, eitherby hard copy or data disc, any notes, emails or other correspondence generated by either New Era and/or Lab Corp., regarding compliance or failure to comply withrandom drug testing dates. ANSWER: Please see documents provided withthis response. 12. For all Regulations that the FAA deems that MTI Travel or James Miller violated, state the methodologythatthe FAA maintains James Miller, onbehalfofMTI Travel, Inc., should have followed. Inotherwords, what did he omit or offensively do in violation ofthe FAA regulations and state specifically whathe should have done ornot have done. ANSWER: Please see the FAA's Complaint. The FAA alleges that Mr. Miller was requiredto immediately report to the designated drug testing facility for arequired random drug test which is failed to do. 13. Provide the case citations ofany cases, legal decisions, Decisional Law orpublished or unpublished opinions that supportthe FAA's positionthat either James Miller or MTI Travel, Inc. violated FAA regulations. ANSWER: Decisions: Inthe Matter of: OFFSHORE AIR, FAA OrderNo. 2001-4, DocketNo. P98NM0025 (May 16, 2001) 

### In the Matter of: DAVID E. EVERSON, d/b/a NORTH VALLEY HELICOPTERS, INC. FAA Order No. 2004-5, DocketNo. CPOOWAOOOl (EAJA), DMS No. FAA-2000-7729 (September 22, 2004) In the Matter of: PINNACLE AIRLINES, INC. FAA OrderNo. 2012-2, DocketNo. CP09S00002, FDMS No. FAA-2009-0180 (May 22, 2012) Inthe Matter of: M & RHELICOPTERS, LLC, FAA OrderNo. 2013-4, DocketNo. CPIOSOOOll, FDMS No. FAA-2010-1211 (September 5, 2013). Interpretations: Haglund (January 31, 2002) McElroy (May 31, 2005) 3DeJoseph (Undated). Pratt & Whitney (August 7, 2006) Dworkin (February 22, 2008) Jackson (July 19, 2010) Fabian (July 23, 2010) McPhaul (July 18, 20 12) Mason (October 23, 2012) Jobe (November 30, 2012) Mayo (April19, 2013) 14. Produce any State charteredDocuments oflncorporation or letters ofLLC, indicating that a company known as "Heli, Inc." existed in any ofthe 50 states ofthe United States during any time the FAA alleges Miller or MTI violatedFAA regulations. ANSWER: Objection. This request calls for the production ofdocuments that are not in possession ofthe FAA, ifthey, infact, exist, and are notrelevant to the FAA's complaint inthis matter. The term "Heli, Inc." appears to be a part ofthe Respondent's defense and any such documents should be inthe possession ofthe Respondent.

Date: July 14, 2014 Respectfully submitted, 

# Ji&JnY#,

Michael F. McKinley Senior Attorney Enforcement Division

4