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: AlpineAviation, 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 

### ofEvidence 201, Compla.inant asks thatjudicial 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 ofDecember, 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 05/1512/08/2014 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 ofHearings, 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 2Wl000 Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Fax: (202) 267-1293 Max Hansen, Esg. AlpineAviation, Inc. 

### P.O. Box 1301 Dillon, 

### MT 59725 Fax: (406) 683-4304 max@ircl03lx.com Dated this 8th day ofDecember, 2014. 

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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 ofAlpine 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) 227-100712/08/2014 12:02 4252271007



### u.s. Deportment of T!tJrOPOrtatlon Federal Avlglion Admlnls!ra!ior) October 

### 2, 2012 011\ce of 1lle ChisfCormset Enforcement DMsion

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

### Eugene Mallette, PJ"esident Alpine 

### Aviation, illc. 1177AlpineAirWay P,ovo,

## ur 84601 

### RE: AJ,pine 

### Avia.tiop, l},jc, 

### Case No. 20llWP9!0347 800 lndepefldonco Ave., SW. Washington, DC 21l5ll1

O:JIDER ASSESSU'G CIYIL PENALTY PAGE 07/15



### Bya Notice ofProposed Civil Penalty dated January 5, 2012, Alpine Aviation, Inc
..**("Alpine~)** 

### was ad.,-ised that 

### the federalAv-iation Ad±ninistration ("fAA")proposed 

### to assess a civil penalty in the amount of$32,750 for violations ofthe Federal AviationRegulations 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 betweenthe parti,es. This Order

### reflects the terms and conditions ofthe 

### settlement reached by 

### the parties. 

### Based upon arepoct ofinvestigation it 

### appears that: 1. Alpine is, and at 

### aU times mentioued in this document was, the holder of

### AirCarrier Certificate Number

### TIMA032A, issued under 14 C.F.R part 119 

### and appropriate operations specificatiom issued 

### under 14 C.F.R 

### pact 135 ofthe federal Aviation R,egulations. 2.. 

### Atall 

### times mentionedherein. 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. RandomTestingViolations 

### 3. On or 

### abOutNovember 10,2010 andNovember 12,2010, 

### maintenance or preventative maintenance for Alpine. 4. On orabontNwernber 10,2010 andNovember 12, 

### Montana SparModifications, LLP. 5. On 

### or aboutNovember 10, ZOlO andNovember 11, 

### 2010, underAlpine's DOT-reqo.iled random drug oralcohol testing pro·gtarns. Iperformed

was an 

### employee of

was not 

### covered12/08/2014 12:02 4252271007 ANM7

6. On or aboutNovember 10, 2010 and November 12, 2010, Montana SparModifications, LLP did not have DOT -required random drug or alcohol testing programs. Improper Testing Violation 7. Duringthe fourth quarter of2010, raJJdom alcohol testing. was selected forDOT-required PAGE 08/15



### 8. On or about December 

### 8, 20

### l0, 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 notundergo DOT-required rBIJdom ran<iom drug testing. Return-to-Duty/F'\>IIow-Up Testing Violations 10. On or aboutFebruary 15, 2011, Alpi.ne preventive maintenBIJce duties. to perform maintenan.ce or
11. On orabout 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'sBATs 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 ofAlpine was not subj<Xt to a drug testing program implemented in accordance witbthis subpart, specifically, 14 C.F.R. 

### §l2.0.109(b)(5), in that each covered employee did nothave an equal chance ofbeing tested eachtime selections were made; 

### B. 14 C.F.R. 

### § 120.105, 

### in that anemployee ofAlpine was not subjectto a drug testing program implemented in accordance with this subpart, specifically, 14 C.F.R. §12.0.109(b)(6)(i)(B), inthat all safety-sensitive employees were not in the random pool; C. 14 C.F.R. § 120.215, inthat an employee ofAlpine was not subjectto an alcohol testing program implemented in accordance with tbis subpart, specifically, 14 C.f.R.

212/08/2014 12:02 4252271007 ANH7

§120.217(c)(5), in that each covered employee did not have an equal chance ofbeing tested each time selections were made; PAGE 09/15

D. 14 C.P.R. § 120.215, in that an employee ofAlpine 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 ofa safety-sensitive function after engaging in conduct prohibited in§§ 120.19 

### or 120.37 the employee underwent a return-to-duty alcohol test with aresult indicating an alcohol concentration ofless 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 ofan ATF. 

### lT TS THEREFORE ORDERED, pursuant to 49 

### U.S.C. §4630l(a)(5)(A) and 

### the terms ofthe September 27,2012 settlement agreement. Alpine is assessed a civil penalty in the amount of $26,000.00 for these violations. The amount ofthe civil penalty assessed in this Order constitutes a debt owed by Alpine to the United States ofAmerica. Alpine has now exhausted its right to seek review ofthe validity or amount ofthis debt. In settling this case, Alpine has also agreed to refrain from seeking any further review ofthis 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. 2011WP910347). A copy ofthe check or money order should also be sent by fax to Charles Raley, AGC-300, at 202-267-5106.

312/08/2014 12:02 4252271007 ANM7 PAGE 10/15



### Ifthis 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 ofthis Order atthe Treasury Current Value ofFunds Rate published by the Secretary ofthe 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 ofthe indebtedness. In 

### addition, the FAA shall charge a late payment penalty at arate ofsix percent (6%) per year on any portion ofa debt that is more than 90 days past due, with such late paymentpenalty accruing from the date ofthe 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 

### ofthis debt may ultimately result 

### in a referral to a collection agency, the Department ofTreasury, or the United States Department of Justice for enforced collection. Please direct all communications to Charles Raley, Attorney, Enforcement Divisi.on!AGC-300, Office ofthe ChiefCounsel, Federal Aviation Administration, 800 

### Independence Avenue, S.W., Washington, D.C. 20591, (202) 267"3357, 

### fa.csimile (202) 267-5106. 

### Peter J. 

### Lynch Assistant ChiefCounsel

for Enforcement

By: 

### Charles Raley, Attorney Enforcement Division!AGC-300 Office ofthe ChiefCounsel Telephone; (202) 267-3357 

### Facsimile: (202) 267-5106


### CC: Max Hansen, Esq. Emai.l: max@ircl031x.com

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