12/08/2014 12:02 4252271007 

Jeffrey M. Harper 

FAA Office of Regional Counsel 

1601 Lind Avenue Southwest 

Renton, Washington 98057 

T (425) 227-2161 

F (425) 227-1007 

ANH7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Alpine Aviation, Inc. 

DMS No.: FAA-2014-0863 

FAA Case No. 2014\'iP910070 

Honorable Richard C. Goodwin 

Motion to Take 

Judicial Notice 

In accordance with 14 C.F.R. § 13.218 and Fcdera.l Rule of Evidence 201, Compla.inant 

asks that judicial notice be taken of: 

L FAA Order2150.3B, Chapter 7;"" 1 

2. FAA Order 2150.3B, Appendix B, Pages B-1 to B-3'"' and B-31 to B-40;" 2 

3. Order Assessing Civil Penalty dated October 2, 2012, FAA Case 

No. 2011WP9!0347. Enclosure 1.~ 

Respectfully submitted this 8th day of December, 2014. 

mgitally signed by JEFFREY M 

// ,... , . HARPER /.: .%·. ..;:;; .. ,_.,·;:_.. ...... __ DN: c=US. o~u.s. Gov~mmont, 

'J: M. Harper ~~~~~~· ou"ANM, cn=JEFFREY M 

·fAA Attomey Date: 2014.12.08 0935:05 -08'00' 

J Available at http:l/www.faa.gov/documen1Libraiylmedia!Order/2150.3B _ W-Chg_6.pdf 2 ld 

PAGE 05/15 
12/08/2014 12:02 4252271007 ANII7 

CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Motion to Take Judicial Notice has been served via 

facsimile, e-mail, an.d Certified Mail -Return Receipt Requested 1h:Js date, to the 

fol!oV~ing: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

Fax: (202) 366-7536 

richard.goodwin@dot.gov 

Attn: Hearing Docoket Clerk, AGC-430 

WHbur Wright Building- Suite 2Wl 000 

Federal Aviation Administration 

800 Independence A venue SW 

Washington, DC 20591 

Fax: (202) 267-1293 

Max Hansen, Esg. 

Alpine Aviation, Inc. 

P.O. Box 1301 

Dillon, MT 59725 

Fax: (406) 683-4304 

max@ircl 03lx.com 

Dated this 8th day of December, 2014. 

A

:( . __ "_,_ C1_l" .I' Jc.(:c"' (. _ ,. ,CtU.· • lit ·~·.> · ~ " :::t· ? fc 

. D~na L. Steplie~soi\.. .. . "'""" 

Office ofRegional Counsel (ANM-7) 

Federal Aviation Administration 

1601 LJnd Ave. SW 

Renton, WA 98057 

(425) 227-2164 

PAGE 05/15 

Motion to Take Judicial Notice 

In the Matter of Alpine Aviation, Inc. 

DMS No. FM-2014-0863, FAA Case No, 20l4WP910070 

Page 2 of2 

Jeffrey M. Harpc!:r, FAA At;torney 

T (425) 227-2161 

F (425) 227-1007 
12/08/2014 12:02 4252271007 

u.s. Deportment 

of T!tJrOPOrtatlon 

Federal Avlglion 

Admlnls!ra!ior) 

October 2, 2012 

011\ce of 1lle Chisf Cormset 

Enforcement DMsion 

CERTIFIED l\1..4.IL- REUJ"RN RECEIP! REOUESJE:Q 

aad U.S. MAIL 

Eugene Mallette, PJ"esident 

Alpine Aviation, illc. 

1177 Alpine Air Way 

P,ovo, ur 84601 

RE: AJ,pine Avia.tiop, l},jc, Case No. 20ll WP9! 0347 

800 lndepefldonco Ave., SW. 

Washington, DC 21l5ll1 

O:JIDER ASSESSU'G CIYIL PENALTY 

PAGE 07/15 

By a Notice of Proposed Civil Penalty dated January 5, 2012, Alpine Aviation, Inc .. ("Alpine~) 

was ad.,-ised that the federal Av-iation Ad±ninistration ("fAA") proposed to assess a civil penalty 

in the amount of $32,750 for violations ofthe Federal Aviation Regulations alleged therein. 

After considering all of the available information, induding the information presented. During 

t11e February 15, 2012 informal ronference, a settlement has been reached between the parti,es. 

This Order reflects the terms and conditions ofthe settlement reached by the parties. 

Based upon a repoct of investigation it appears that: 

1. Alpine is, and at aU times mentioued in this document was, the holder of Air Carrier 

Certificate Number TIMA032A, issued under 14 C.F.R part 119 and appropriate operations 

specificatiom issued under 14 C.F.R pact 135 of the federal Aviation R,egulations. 

2.. At all times mentioned herein. Alpine certified that it would comply with the 

requirements of 14 CF.R.. part 120 and 49 C.F.R. part 40 for its antidrug program and its alcohol 

misuse prevention program. 

Random Testing Violations 

3. On or abOut November 10,2010 and November 12,2010, 

maintenance or preventative maintenance for Alpine. 

4. On orabontNwernber 10,2010 and November 12, 

Montana Spar Modifications, LLP. 

5. On or about November 10, ZOlO and November 11, 2010, 

under Alpine's DOT-reqo.iled random drug or alcohol testing pro·gtarns. 

I performed 

was an employee of 

was not covered 
12/08/2014 12:02 4252271007 ANM7 

6. On or about November 10, 2010 and November 12, 2010, Montana Spar Modifications, 

LLP did not have DOT -required random drug or alcohol testing programs. 

Improper Testing Violation 

7. During the fourth quarter of 2010, 

raJJdom alcohol testing. 

was selected for DOT -required 

PAGE 08/15 

8. On or about December 8, 20 l 0, 

random alcohol testing. 

was directed to undergo DOT-required 

9. On or about December 8, 201 

alcohol testing because he was instead sut>jected 

did not undergo DOT-required rBIJdom 

ran<iom drug testing. 

Return-to-Duty/F'\>IIow-Up Testing Violations 

10. On or about February 15, 2011, Alpi.ne 

preventive maintenBIJce duties. 

to perform maintenan.ce or 

11. On or about Febmary 

2011, and March 7, 2011, 

duties. 

March 1, 2011, March 4, 2011, l\farch 5, 2011, March 6, 

performed mainteuance or preventive maintcllllllce 

12. Prior to his employment with Alpine, had violated a DOT alcohol 

regulation and not completed the DOT-•~·"";r~il return-to-duty process. 

Specimen Collection Violation 

13. On or about July 8, 2010 BIJd January 4, 2011, Alpine's BATs did not complete all of 

Step 1 on tbe respective Alcohol Testing forms. 

By reason oftbe foregoing, Alpine violated the following Federal Aviation Regulations: 

A 14 C.f.R. § J 20. J 05, in that an employee/employees of Alpine was not subj<Xt to a drug 

testing program implemented in accordance witb this subpart, specifically, 14 C.F .R. 

§ l2.0.109(b)(5), in that each covered employee did not have an equal chance of being 

tested each time selections were made; 

B. 14 C.F .R. § 120.105, in that an employee of Alpine was not subject to a drug testing 

program implemented in accordance with this subpart, specifically, 14 C.F.R. 

§12.0.109(b)(6)(i)(B), in that all safety-sensitive employees were not in the random pool; 

C. 14 C.F.R. § 120.215, in that an employee of Alpine was not subject to an alcohol testing 

program implemented in accordance with tbis subpart, specifically, 14 C.f.R. 

2 
12/08/2014 12:02 4252271007 ANH7 

§ 120.217(c)(5), in that each covered employee did not have an equal chance of being 

tested each time selections were made; 

PAGE 09/15 

D. 14 C.P.R. § 120.215, in that an employee of Alpine was not subject to an alcohol testing 

pwgram implemented in accordance with this subpart, specifically, 14 C.F .R. 

§ 120.217(c)(6)(i)(B), in that all safety-sensitive employees were not in the random pool; 

E. 14 C.P.R.§ 120.217(e), in that Alpine dld not ensure that before a covered employee 

returned to duty requiring the performance of a safety-sensitive function after engaging in 

conduct prohibited in§§ 120.19 or 120.37 the employee underwent a return-to-duty 

alcohol test with a result indicating an alcohol concentration of less than 0.02; 

F. 14 C.F.R. § 120.217(f), in that Alpine did not ensure that an employee who engaged in 

conduct prohibited by§§ 120.19 or 120.37, was subject to =announced follow-up 

alcohol testing as directed by a SAP; · 

G. 49 C.F.R. § 40.305(a), in that Alpine did not ensure that an employee completed a 

required return-to-duty test; and 

B. 49 C.P.R. § 40.24l(f), in that Alpine's BATs did not complete Step 1 of an ATF. 

lT TS THEREFORE ORDERED, pursuant to 49 U.S.C. § 4630l(a)(5)(A) and the terms of the 

September 27,2012 settlement agreement. Alpine is assessed a civil penalty in the amount of 

$26,000.00 for these violations. 

The amount of the civil penalty assessed in this Order constitutes a debt owed by Alpine to the 

United States of America. Alpine has now exhausted its right to seek review of the validity or 

amount of this debt. In settling this case, Alpine has also agreed to refrain from seeking any 

further review of this order or from initiating any litigation related to the civil penalty and the 

FAA's actions in this case. 

Alpine is hereby ordered to pay the assessed amount by mailing or delivering a check or money 

order in the amount of$26,000 on OJ: before December I, 2012, payable to the Federal 

Aviation Administration, to: 

federal Aviation Administration 

Attention: B~enda S. Barnhill 

Mike Mooroney Aeronautical Center 

6500 South MacArthur Blvd. 

General Accounting, AMZ-350 

Oklahoma City, OK 73169. 

The check should reference the case uumber above (Case No. 2011 WP910347). A copy of the 

check or money order should also be sent by fax to Charles Raley, AGC-300, at 

202-267-5106. 

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If this debt is not paid in full by December !, Z012, the debt is considered delinquent. For 

delinquent debts, federal regulation (49 C.F.R. § 89.23) requires us to charge interest from the 

date of this Order at the Treasury Current Value of Funds Rate published by the Secretary of the 

Treasury in accm:dance with 31 U.S. C. § 3717 (currently 3%) that is in effect at the time the debt 

becomes delinquent, and such interest rate will remain frxed for the duration of the indebtedness. 

In addition, the FAA shall charge a late payment penalty at a rate of six percent (6%) per year on 

any portion of a debt that is more than 90 days past due, with such late payment penalty accruing 

from the date of the delinquency. The FAA shall also assess administrative charges to cover 

costs incurred in processing and handling the debt beyond the payment due date. Delinquent 

debts may be reported to the consumer reporting agencies or commercial credit bureaus, which 

could adversely affect Alpine's credit rating. Nonpayment of this debt may ultimately result in a 

referral to a collection agency, the Department of Treasury, or the United States Department of 

Justice for enforced collection. 

Please direct all communications to Charles Raley, Attorney, Enforcement Divisi.on!AGC-300, 

Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue, S.W., 

Washington, D.C. 20591, (202) 267"3357, fa.csimile (202) 267-5106. 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

By: 

Charles Raley, Attorney 

Enforcement Division!AGC-300 

Office of the Chief Counsel 

Telephone; (202) 267-3357 

Facsimile: (202) 267-5106 

CC: Max Hansen, Esq. 

Emai.l: max@ircl 031 x.com 

4