\.) V I () 1•**-~A** FEDERAL AVIATION ADMINISTRATION i • ...) ....) 

# KECEIVED ;,. :i ; ()

Addison Jet Management, Inc. ) ) )



# ___________________________ ) 

## MAY, 1**~** 

## 2012 

# HEARING DOCKET

DocketNo. [To Be Assigned] Judge Richard C. Goodwin

# I (Af\ ;2.0/d.**-o~o5** AGENCY'S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS

Pursuant to the discovery guidelines set forth in Section 13.220 ofthe Rules ofPractice in FAA Civil Penalty Actions (14 C.F.R. 13.220), the Federal Aviation Administration ("FAA") herebyrequests that Respondent withinthirty (30) days ofservice, provide to counsel for the FAAthe information described and requested below. Moreover, this is a continuing request for Respondent to provide all updated or newrecords or information, as itemized inthis document, through the date ofthe hearing. DEFINITIONS 1. Unless otherwise indicated, these Interrogatories and Requests for Documents refer to the time, place and circumstances ofthe occurrence mentioned or complained ofinthe Compliant.
2. Where knowledge or information or a documentpossessed by a party is requested, that request includes knowledge ofthe party'srepresentatives, agent and, unless privileged, attorneys.3. The pronouns "you" and "yours" refer to the party to whom or which these Interrogatories and Requests for Productions are addressed, and the persons mentioned in paragraph 2. supra.
4. When used with respect to a documents, "identify" Means to furnish the document itself, or in lieu thereof, the name and date ofthe document, the name and address, addresses of· all persons to whom copies ofthe document were or have been sent, and the organization, firm or agency with which all suchpersons were connected as ofthe date ofthe document, and state whether you are in possession ofthe original or copy, and/or furnish the name and address ofa person whom you believe is in possession ofthe original or a copy ofsuch document.
5. The term "identify" when referring to a person, means to identify the person by name, occupation(s), and business address.
6. The terms "document" and "statement"mean without limitation, the following items, whetherprinted or recorded or reproduced by any other mechanical process or written or produced by hand: agreements, communications, correspondence, telegraphs, memoranda, electronic messages, court orlegal documents, summaries or recordings oftelephone conversations, summaries orrecords ofpersonal conversations orinterview, summaries or reports ofinvestigations, opinions orreports ofconsultants, diaries, graphs, reports, notebooks, note charts, plans drawings, sketches, maps, photographs, motion picture films, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, and marginal comments appearing on any documents, and all othertangible information capable ofbeing read orviewed.
7. For all interrogatories to which the responding individual has an objection, state the factual and legal basis for the claimed privilege, or any other authority that provides the claimed basis for the objection.
8. All documents requested as to which the responding individual claims privilege or any other objection as a ground for non-production shall be identified chronologically as follows: a. dateb. title c. type ofdocument (e.g., memorandum, report, chart, etc.) d. Subject matter (without revealing the information as to which privilege or statutory authority is claimed), and e. factual and legal basis for the claimed privilege, or any other authority that provides the claimed ground for non-productivity
INTERROGATORIES INTERROGATORY NO.1: Identify, by providing the name, occupation, and business address, ofeach person you intend to call as a witness in this proceeding. INTERROGATORY No.2 Provide the substance ofthe testimony to be offered by each ofthe witness identified in Interrogatory No. 1. INTERRROGATORY NO.3 With respect to each expert witness youintendto call as a witness in this proceeding, set forth the subject matter upon which each expert witness is expected to testify, the facts and opinions composing the testimony ofeach expert witness, and a summary ofthe grounds for each opinion. INTERROGATORY NO. 4 Identify any and all documents in your possession that concern, refer to, or involve the circumstances set forth in the Complaint. INTERROGATORYNO.5 Identify any and all documents which reflect, detail, or demonstrate your compliancewith 49 C.P.R. 40.25 (a) and (b) referenced in the Complaint.INTERROGATORY NO. 6 State whether or not the not the attached letters dated December 15, 2010, and January 13, 2011, labeled Exhibit A and Exhibit B, were signed by a duly authorized representative ofAddison Jet Management, Inc. INTERROGATORY NO. 7 Identify the person responsible for compliance with the FAA-mandated drug and alcohol program. INTERROGATORY 

### NO. 8 State whetherthe person identified in Interrogatory 7 above understood at the time ofthe FAA inspection on December 15, 2012, that the records identified in 49 C.F.R. 40.25(b) were required to be retained for three (3) years in accordance with 49 C.F.R. 40.25(e)(i). INTERROGATORY NO. 9 Ifthe records identified in 49 C.F.R.40.25(b) are no longer available, please state the following:

a. Identify the name and address ofthe company(s) where the record request was made. b. State the date(s) the record request was made.

c. State the date(s) when youreceived a response from the company(s). d. State the substance ofthe response(s) received from the company(s).INTERROGATORY NO. 10 Ifyou no longer have the records identified in 49 C.P.R. 40.25(b) for Victoria McKown, please state why you no longer have the records. INTERROGATORY NO. 11 State why you did not produce the records identified in 49 C.P.R. 40.25(b) for Ms. McKown to the FAA inspectors during the inspection ofyour cbmpany on December 15,2012. INTERROGATORY NO. 12 State why you did not produce the records identified in 49 C.P.R. 40.25(b) for Ms. McKown to the FAA after the inspection ofyour company on December 15,2010. INTERROGATORY NO. 13 Ifyou contend that you found the records identified in 49 C.P.R. 40.25(b) after the FAA inspection conducted at your company on December 15, 2010, state when you found the records. INTERROGATORY NO. 14 Ifyou contend you found the records identified in 49 C.F.R.40.25(b) after the FAA inspection conducted at your company on December 15, 2010, state where you found the records. INTERROGATORY NO. 15 State the name and position ofthe person who bore the responsibility to maintain and retain the records identified in 49 C.P.R. 40.25(b).REQUEST FOR PRODUCTION OF DOCUMENTS DOCUMENT REQUEST NO. 1: Copies ofcurrent curricula vitae for each expert witness you identified in Interrogatory No. 3. DOCUMENT REQUEST NO. 2: Copies ofany statements made by witnesses identified in Interrogatories No. 1 and 3, concerning, referring to, or involving the circumstances set forth in the Complaint. DOCUMENT REQUEST NO. 

### 3: Copies ofall documents that you intend to introduce into evidence. DOCUMENT REQUEST NO.4: Produce the records identified in 49 C.F.R. 40.25(b) for Ms. McKown referenced in the Complaint. DOCUMENT REQUEST NO.5 Ifyou claim that you are financially unable to pay the penalty referenced in the Complaint, produce financial records that establish financial hardship, including butnot limited to the last three (3) years income tax statements for the company.Respectfully submitted, Peter J. Lynch Assistant ChiefCounsel Enforcement Division, AGC-300 

## I' 

# I**~· By:~** 

### -,~~~----------- Autumn Killingham Attorney, AGC-300 Federal Aviation Administration Office ofthe ChiefCounsel 800 Independence Avenue, S.W. Washington, D.C. 20591 Telephone: (202) 267-7728CERTIFICATE OF SERVICE I hereby certify that the foregoing First Set ofInterrogatories and Request for Production of Documents, in the matter ofAddison Jet Management, Inc., has been mailed this date by via overnight mail to: Gerald P. Shaw Director ofOperations Addison Jet Management, Inc. 7515 Lemmon Avenue Dallas, TX 75209 The original and one copy was also mailed this date by Certified Mail to: Hearing Docket, Room 924A, AGC-10 (Original and one copy) Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Atten: Hearing Docket Clerk

# t3~13~ May 14,2012• < 

# • • TRINITY JET MANAGEMENTt LLC

d/b/a 

# Trinity Private Jet Charter

Wednesday, December 15, 2010 Mr. 

### JonM. Hopkins AerospaceMedicine Drug Abatement Division 2601 MeachamBlvd., Room 121 FortWorth, TX 76137 DearMr. 

### Hopkins, I appreciate yourteam conducting the audit ofourDrugAbatementProgram. Itis from these inspections thatwe find ourweaknesses and are able toimprove ourperformance and compliance. On the matter of recurrent training for the Supervisors and Program Manager. Through the task of merging our two companies and moving our Operations Base, I inadvertently let my obligation to the required training lapse. I am scheduling training for the Supervisors and for myself as the Program Manager for tomorrow, December 16, 2010. Once that is complete, we will then schedule recurrent training for all of our covered employees on the Drug and Alcohol Abatement Program to review the program and to learn ofchanges that have been put in place since ourlast training was**conduct~d.** 

### We will go over all ofthe latest materials. I will have our scheduler program ourcomputerbased scheduling program to include the recurrent requirements ofthe Drug and Alcohol Abatement Program, which will then automatically alert us that the required training is coming due. Itis the sameprogramthat tracks all ofthe currencyrequirements for ourpilots. This will ensure it will not be missed in the future. Onthe matter ofVictoria Reich McKown, I remember reinstating her on our certificate at the beginning . ofthe year. I handled theDrugProgrampaperworkmyself Knowing Tori very well and knowing where sheworksI made an assumptionthat I was not allowed to make. I assumed her situation had not changed and that she was only fly_ing her Part 91 planes and owners. I refreshed her other documents including her resume and her insurance form which shows her employers. I know her employers and the history had not changed. However, this does not relieve me ofthe obligation to question her about· any other drug program and testing as perthe 

### "f' question. Had I simply followed the checklist that we use for new hires, I would have not missed this. The 'T' 

### question would have been asked in writing and the past employer, Addison Express, would have been sent the 8060 questionnaire to be in compliance with the**~-** 

### ..regulations. I let-complacency slip in-forex:pedience: Inthe·training·tomorrow-Twill emphasize the importance ofusing that checklist and check offeachitem,just as we do inthe cockpit. I am contacting Ms. Reich/McKown today and will have the paperwork completed properly and sent to the former employer for completion as soon as possible, probably today or tomorrow. We will not 7515 Lemmon Ave. Dallas, Texas 75209 gshaw@trinityjet.com Phone:_ 214-366-4800 Cell: 214-957-0166 Fax214-366-4801

# . ' 

# • •

release Ms. Reich!McKown for any flights until the Drug and Alcohol Abatement Program paperwork is correct and filed.

I will forward you the documents from the above corrections as soon as they are completed, but no later thanMonday, December20, 2010.
As you had noted, we have made much improvement since our last inspection and we will continue to strive for complete compliance and safety in ouroperations: I thank you and your team again for your oversight and service to our industry and wish all ofyou a Merry Christmas and a HappyNew Year. Please passthat onto Mark aswell whenyou see him. Sincerely,

GeraldP. Shaw, DirectorofOperations

7515 Lemmon Ave. Dallas, Texas 75209 gshaw@trinityjet.com Phone: 214-366-4800 Cell: 214-957-0166 Fax214-366-4801

# Addison Jet Management, Inc.

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### Thursday, January 13, 2011 Mr. 

### Jon M. Hopkins, AAM 840 Federal Aviation Administration Office ofAerospaceMedicine Drug AbatementDivision 2601 Meacham Blvd., Room 121 FortWorth, TX 76137-4298 RE: FileNumber: 2011SW910053 In

### response to your letterI received onJanuary 5, 2011 I submit the following; 

# ·-·------

I appreciate yourteam conducting the audit ofourDrugAbatementProgram. Itis from these inspections thatwe find ourweaknesses and are able to improve ourperformance and compliance. On the matter ofrecurrent training for the Supervisors and Program Manager. Through the task of merging our two companies and moving our Operations Base, I inadvertently let my obligation to the required training lapse. I completed training for myselfas the ProgramManager and forWilliam Selah as a supervisor onDecember 16, 2010. I completed supervisortraining for ournew DirectorofMaintenance on January 12, 2011. He also completed all ofthe initial training and testing as well. We are conducting recurrent training for all of our covered employees on the Drug and Alcohol Abatement Program to review the program and to learn of changes that have been put in place since our last training was conducted. We will go over all ofthe latest materials. I had our schedulerprogram our computerbased scheduling program to include the recurrent requirements ofthe Drug and Alcohol Abatement Program, which will then automatically alert us that the required training is coming due. It is the same program that tracks all ofthe currency requirements for our pilots. This will ensure it will not be missed in the future. On the matter ofVictoria Reich McKown, I remember reinstating her on our certificate at the beginning oftheyear. I handled the DrugProgrampaperwork myself Knowing Tori very well and knowing where she works I made an assumption that I was not allowedto make. I assumed her situation had not changed and that she was only flying her Part 91 planes and owners. I refreshed her other documents including her resume and her insurance form which shows her employers. I know her employers and the history 

### ·· ··ha.d··not·changed. 

## ··nowevet;·this does·nor·reHeveme of'theobl:igat:i6if16 quest:ion·hetal5outan:y ·other

drug program and testing as perthe 

### "J" question. Had I simply followed the checklist that we use for new hires, I would have n()t missed this. The 

### "J'' question would have been asked in writing and the past employer, Addison Express, would have been sent the 8060 questionnaire to be in compliance with the 75l5 Lemmon Ave. Dallas,·rex'as 75209**'I:.~** gshaw@trinityjet.com Phone: 214-366-4800 Cell: 214-649-5474 Fax214-366-4801

# •

regulations. I let complacency slip in for expedience. In the training we have conducted recently I have emphasizedthe importance ofusing that checklist and check offeachitem,just as wedo in the ·cockpit. I contacted Ms. Reich/McKown on December 16, 2010 and the paperwork was completed properly and sent to the former employer for completion. The paperworkwas completed and returned the same day. A new

### J questionnairewas completed as well. Ms. Reich/McKown was notreleased for anyflights until the Drug and Alcohol Abatement Programpaperworkwas correct and filed. I have already forwarded the documents you have requested from us including the completed forms for Ms. Reich/McKown and the Supervisor Training forms. As you had noted, we have made much improvement since our last inspection and we will continue to strive for complete compliance and safety in ouroperations. I askyou consider ourefforts as youinvestigate our case. I thankyou and your team again for youroversight and service to ourindustry. Please let me knowifthere is anything else you should need.

Gerald P. Shaw DirectorofOperations

7515 Lemmon Ave. Dallas, Texas 75209 "'·· .• gshaw@trinityjet.com Phone: 214-366-4800 Cell: 214-957-0166 Fax214-366-4801