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.) V I () 1

• -~A FEDERAL AVIATION ADMINISTRATION i • ... ) .... ) KECEIVED ;,. :i ; () 

Addison Jet Management, Inc. 

) 

) 

) ___________________________ ) 

MAY, 1 ~ 2012 

HEARING DOCKET 

Docket No. [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 of the Rules of Practice in 

FAA Civil Penalty Actions (14 C.F.R. 13.220), the Federal Aviation Administration ("FAA") 

hereby requests that Respondent within thirty (30) days of service, provide to counsel for the 

FAA the information described and requested below. Moreover, this is a continuing request for 

Respondent to provide all updated or new records or information, as itemized in this document, 

through the date of the hearing. 

DEFINITIONS 

1. Unless otherwise indicated, these Interrogatories and Requests for Documents refer to 

the time, place and circumstances of the occurrence mentioned or complained of in the 

Compliant. 

2. Where knowledge or information or a document possessed by a party is requested, that 

request includes knowledge ofthe party's representatives, 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 of the document, the name and address, addresses of· 

all persons to whom copies of the document were or have been sent, and the organization, firm 

or agency with which all such persons were connected as of the date of the document, and state 

whether you are in possession ofthe original or copy, and/or furnish the name and address of a 

person whom you believe is in possession of the original or a copy of such 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, 

whether printed or recorded or reproduced by any other mechanical process or written or 

produced by hand: agreements, communications, correspondence, telegraphs, memoranda, 

electronic messages, court or legal documents, summaries or recordings of telephone 

conversations, summaries or records of personal conversations or interview, summaries or 

reports of investigations, opinions or reports of consultants, 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 other tangible information capable of being read or viewed. 

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. date 
b. title 

c. type of document (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, of each 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 youintend to 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 of each expert witness, and a 

summary of the 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. 

INTERROGATORY NO.5 

Identify any and all documents which reflect, detail, or demonstrate your compliance with 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 of Addison Jet 

Management, Inc. 

INTERROGATORY NO. 7 

Identify the person responsible for compliance with the FAA-mandated drug and alcohol 

program. 

INTERROGATORY NO. 8 

State whether the person identified in Interrogatory 7 above understood at the time of the 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 

If the records identified in 49 C.F.R.40.25(b) are no longer available, please state the following: 

a. Identify the name and address of the company(s) where the record request was made. 

b. State the date(s) the record request was made. 

c. State the date(s) when you received a response from the company(s). 

d. State the substance of the response(s) received from the company(s). 
INTERROGATORY NO. 10 

If you 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 of your 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 of your company on December 15,2010. 

INTERROGATORY NO. 13 

If you 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 

If you 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 of the 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 of current curricula vitae for each expert witness 

you identified in Interrogatory No. 3. 

DOCUMENT REQUEST NO. 2: Copies of any 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 of all 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 If you claim that you are financially unable to pay the 

penalty referenced in the Complaint, produce financial records that establish financial hardship, 

including but not limited to the last three (3) years income tax statements for the company. 
Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

Enforcement Division, AGC-300 

I' I ~· 

By:~ 

-,~~~-----------

Autumn Killingham 

Attorney, AGC-300 

Federal Aviation Administration 

Office of the Chief Counsel 

800 Independence A venue, S. W. 

Washington, D.C. 20591 

Telephone: (202) 267-7728 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing First Set of Interrogatories and Request for Production of 

Documents, in the matter of Addison Jet Management, Inc., has been mailed this date by via 

overnight mail to: 

Gerald P. Shaw 

Director of Operations 

Addison Jet Management, Inc. 

7 515 Lemmon A venue 

Dallas, TX 75209 

The original and one copy was also mailed this date by Certified Mail to: 

Hearing Docket, Room 924A, AGC-1 0 (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 

Aerospace Medicine 

Drug Abatement Division 

2601 Meacham Blvd., Room 121 

Fort Worth, TX 76137 

Dear Mr. Hopkins, 

I appreciate your team conducting the audit of our Drug Abatement Program. It is from these inspections 

that we find our weaknesses and are able to improve our performance 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 of changes that have been put in place since our last training was conduct~d. We 

will go over all of the latest materials. I will have our scheduler program our computer based scheduling 

program to include the recurrent requirements of the 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 

of the currency requirements for our pilots. This will ensure it will not be missed in the future. 

On the matter of Victoria Reich McKown, I remember reinstating her on our certificate at the beginning . 

of the year. I handled the Drug Program paperwork myself Knowing Tori very well and knowing where 

she works I made an assumption that 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 of the obligation to question her about· any other 

drug program and testing as per the "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: In the· training· tomorrow-Twill emphasize the 

importance of using that checklist and check off each item, just as we do in the 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 

Fax 214-366-4801 
. ' • • 

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 

than Monday, December 20, 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 our operations: 

I thank you and your team again for your oversight and service to our industry and wish all of you a 

Merry Christmas and a Happy New Year. Please pass that on to Mark as well when you see him. 

Sincerely, 

Gerald P. Shaw, Director of Operations 

7515 Lemmon Ave. 

Dallas, Texas 75209 

gshaw@trinityjet.com 

Phone: 214-366-4800 

Cell: 214-957-0166 

Fax 214-366-4801 
Addison Jet Management, Inc. 

_ 9LbLp .. J.J.inify_frly.ote w·J-~t, C. b,Q~teJ .. .-. .. ~ ·-·--_. .. , . .,,.@ ,@ 

Thursday, January 13, 2011 

Mr. Jon M. Hopkins, AAM 840 

Federal Aviation Administration 

Office of Aerospace Medicine 

Drug Abatement Division 

2601 Meacham Blvd., Room 121 

Fort Worth, TX 76137-4298 

RE: File Number: 2011 SW91 0053 

In response to your letter I received on January 5, 2011 I submit the following; 

·-·------

I appreciate your team conducting the audit of our Drug Abatement Program. It is from these inspections 

that we find our weaknesses and are able to improve our performance 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 completed training for myself as the Program Manager and for William Selah as 

a supervisor on December 16, 2010. I completed supervisor training for our new Director of Maintenance 

on January 12, 2011. He also completed all of the 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 of the latest materials. I had our scheduler program our computer based 

scheduling program to include the recurrent requirements of the 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 of the currency requirements for our pilots. This will ensure it will not be missed in the 

future. 

On the matter of Victoria Reich McKown, I remember reinstating her on our certificate at the beginning 

of the year. I handled the Drug Program paperwork myself Knowing Tori very well and knowing where 

she works I made an assumption that I was not allowed to 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 per the "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 

Fax 214-366-4801 
• 

regulations. I let complacency slip in for expedience. In the training we have conducted recently I have 

emphasized the importance of using that checklist and check off each item, just as we do 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 paperwork was completed and returned the same day. A 

new J questionnaire was completed as well. Ms. Reich/McKown was not released for any flights until the 

Drug and Alcohol Abatement Program paperwork was 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 our operations. 

I ask you consider our efforts as you investigate our case. 

I thank you and your team again for your oversight and service to our industry. 

Please let me know if there is anything else you should need. 

Gerald P. Shaw 

Director of Operations 

7515 Lemmon Ave. 

Dallas, Texas 75209 

"'·· .• 

gshaw@trinityjet.com 

Phone: 214-366-4800 

Cell: 214-957-0166 

Fax 214-366-4801