07/07/2015 15:51 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

July 7, 2015 

4252271007 ANM7 

Northwest Mountain Region 

Office of Regional Counsel 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W 

Renton, Washington 98057 

Tel: (425) 227-2161 

Fax: (425) 227-1007 

jeffrey.harper@faa.gov 

PAGE 02/11 

VIA FACSIMILE AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building 

800 Independence Avenue, Southwest 

Washington, DC 20591 

Re: In the Matter of Solid Edge Aviation, LLC, FAA Case No. 2015WP9l0067 

Enclosed please find a copy of a request for hearing and the original and one copy of the 

Complaint in this proceeding. 

The FAA requests that the hearing in this matter be held in Phoenix, Arizona, and expects the 

hearing will last one day. For scheduling purposes, counsel for the FAA is currently 

unavailable on the following dates in 2015: 

August 21-29, 

September 9-14, 

September 18-21, 

October 16-19, 

November 20-23, and 

December 4--7. 

In 2016, counsel for the FAA is currently unavailable on: 

January 22-25, 

February 19-22, 

March 18-21, 

April 15-18, 

May 20-23, 

June24-27, 

July 15-1.8, 

August 26-29, and 
07/07/2015 15:51 4252271007 ANM7 

Solid Edge Aviation, LLC -FAA Case No. 20l5WP910067 

July 7, 2015 

Page 2 of2 

September 16-19. 

Please address all communications to the undersigned at: 

Federal Aviation Administration 

Northwest MDlmtain Region, ANM-7 

1601 Lind Avenue Southwest 

Renton, Washington 98057 

(425) 227-2161, Fax: (425) 227-1007 

Sincerely, L'f ' ,4 __ /h .. Harper 

Attorney 

Enclosure: Request for Hearing (Appeal) 

Complaint 

cc: Daryl M. Williams, Esq. 

Baird, Williams, and Greer, LLP 

6225 North 24'h Street, Suite 125 

Phoenix, AZ 85016 

PAGE 03/11 
07/07/2015 15:51 4252271007 

Jeffrey M, Harper 

FAA Office of Regional Counsel 

1601 Unci Avenue Southwest 

Renton, Washington 98057 

T (425) 227·2161 

F (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Solid Edge Aviation, Inc. 

FAA Case No. 2015W'P910067 

DMS No. Not assigned 

Judge: Not ~ssigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by cmmsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.FX. § 13.208), and states as follows: 

I. 

On June 23, 2015, Solid Edge Aviation, LLC, was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 

$39,000. On June 30,2015, Solid Edge Aviation, LLC, submitted a written request for a 

hearing. 

II. 

1. Solid Edge Aviation, LLC (Solid Edge) is now, and at all times relevant herein 

was, the holder of Air Carrier Certificate No. EOGA155J, and conducts its 

operations pursuant to Part 135 of the Federal Aviation Regulations (FAR), 

Title 14, Code of Federal Regulations (C.F .R.) Chapter I. 

2. At all times relevant herein, Solid Edge held appropriate Operations 

Specifications certifying it would comply with the requirements of 14 C.P.R. 

Part 120 and 49 C.F.R. Part 40 for its Antidrug and Alcohol Misu.se Prevention 

Program. 

3. At all times relevant herein, Red Rock Biplane and Helicopter Tours (Red Rock) 

was the holder of Letter of Authorization No. RHTJWP07, issued by the Federal 

PAGE 04/11 
07/07/2015 15:51 4252271007 ANM7 

_,.' 

Aviation Administration (FAA), authorizing it to conduct commercial air tour 

operations under Section 91.14 7 of the FAR. 

4. At all times relevant herein, Red Rock certified it would comply with the 

requirements of 14 C.F.R. Part 120 and 49 C.F.R. Part 40 for its Antidrug and 

Alcohol Misuse Prevention Program. 

5. At all times relevant herein, Solid Edge's Antidrug and Alcohol Misuse 

Prevention Program was combined with the Red Rock Biplane and Helicopter 

Tours program. 

6. Selections were made from Solid Edge's Department of Transportation (DOT) 

random drug and alcohol testing pools on the following dates: 

a. August 14, 20 14; and 

b. November 13, 20)4. 

7. Mr. Eric Brunner: 

PAGE 05/11 

a. At all times relevant herein, Mr. Bronner was a non-safety-sensitive employee 

of Solid Edge. 

b. Mr. Brunn.er was included in. Solid Edge's DOT random drug and alcohol 

testing pools on the dates listed in paragraph 6. 

c. Mr. Brunner was selected for DOT random drug testing on August 14,2014. 

d. Solid Edge subjected Mr. Brunner to random drug testing on October 1, 2014. 

e. The test described h:t paragraph d was documented on a Federal Cu.stody and 

Collection Form. 

8. Mt. Robert Grenga: 

a. Solid Edge hired Mr. Grenga to perform safety-sensitive functions on 

March 14, 2014. 

b. ln the two years before being hired by Solid Edge, MI: Grenga was employed 

by Era Helicopters, LLC, a DOT-regulated employer. 

c. Mr. Grenga performed safety-sensitive functions for Solid Edge on: 

(1) March 22, 2014; and 

(2) April23, 2014. 

Complaint 

tn the Matter of Solid Edge Avi;;~tlon, LLC 

FAA Case No. 2015WPn0067, DMS No. No1 Assigned 

Page 2 of6 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227·:1007 
07/07/2015 15:51 4252271007 ANM7 

d. Solid Edge did not obtain or docmnent a good faith effort to obtain the 

information listed in 49 C.F.R. Section 40.25(b) from Era Helicopters until 

September 10, 2014. 

9. Mr. Henry Kowalski: 

a. Solid Edge hired Mr. Kowalski to perform safety-sensitive functions on 

November 21, 2014. 

b. In the two years before being hired by Solid Edge, Mr. Kowalski was 

employed by TriState CareF!ight, LLC, a DOT-regulated employer. 

c. Mr. Kowalski perfonned safety-sensitive functions :for Solid Edge on: 

(1) December 9, 2014; and 

(2) January 9, 2015. 

d. Solid Edge did not obtain or document a good faith effort to obtain the 

infonn.ation listed in 49 C.P.R. Section 40.25(b) from TriState Care Flight 

until February 6, 2015. 

10. Mr. Josh Mock: 

a. Solid Edge hired Mr. Mock to perform safety-sensitive functions on 

July 30, 2014. 

b. Mr. Mock was not in Solid Edge's DOT randorn drug and alcohol testing 

pools on the dates listed in paragraph 6. 

c. Mr. Mock perform.ed safety-sensitive functi.ons for Solid Edge on: 

(1) J11ly 30, 2014; and 

(2) February 9, 2015. 

11. Mr. Charles Rush: 

a. Solid Edge hired Mt. Rush to perform safety-sensitive functions on 

August 5, 2014. 

PAGE 05/11 

b. Mr, Rush was not in Solid Edge's DOT random drug and alcohol testing pools 

on the dates listed in paragraph 6. 

c. Mr. Rush performed safety-sensitive functions for Solid Edge on: 

(I) September 28, 2014; 

(2) October 30, 2014; and 

Complaint 

In the Matter of Solid Edge Aviation, LLC 

FAA Case No. 2015WP910Q67. DMS No. Not Assigned 

Page3 ofG 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-~161 

F (425) 227·1007 
07/07/2015 15:51 4252271007 ANM7 PAGE 07/11 

(3) February 5, 2015, 

III. 

L By reason of the foregoing facts and circumstances Solid Edge violated the following 

sections oftb.e FAR (Title 14, Code of Federal Regulations, Chapter I): 

a. Section 120.105, in that an employee performing safety-sensitive functions was 

not subject to a drug testing program implemented in accordance with 14 C.F .R. 

Part 120, Subpart E. 

b. Section 120.215(a), in that an employee performing safety-sensitive functions was 

not subject to an alcohol testing program implemented in accordance v,1.th 

14 C.F.R. Part 120, Subpart F. 

2. In addition, by reason ofthe foregoing facts and circumstances, Solid Edge violated 

the following sections of 49 C.P.R. Part 40: 

a. Section 40.25(d), in that it permitted an employee to perform safety-sensitive 

functions more than 30 days after the employee fust performed safety-sensitive 

functions when it had not obtained or made and docwnented a good faith effort to 

obtain the information listed in 49 C.P.R. Section 40.25(b). 

b. Section 40.47(a), in that it used a federal custody and control form for a nonFederal urine collection, 

c. Section 40.1l(b) and Section 40.347(b)(2), in that its agent included employees 

not covered by DOT agen,cy regulations in the same random pool with DOT 

covered employees. 

3. Under 49 U.S.C. § 46301(a) and (d), as modified at 14 C.F.R. Part 13, Solid Edge is 

liable for a civil penaliy not to exceed $11,000 for each of the violations noted. 

4. Under the facts and circumstances of this case, a civil penalty of$39,000 is 

appropriate. 

Respectfully submitted this 7th day of July, 2015. 

Complaint 

In the Matter of SOlid Edgo Aviation, LLC 

FAA Case No. 20~5WP910067, OMS No. Not Assigned 

Page 4 of6 

Jeffrey M. Harpor, FAA Attorney 

T (426) 227-2161 

F (425) 227-1007 
07/07/2015 15:51 4252271007 ANM7 

ANSWER 

In accordance with Section 13.209(a) oftbe Federal Aviation Regulations, Solid Edge 

must answer this Complaint not later than thirty (30) days after the date the Complaint is 

served. Failure to file an Answer within thirty (30) days without good cause shall be 

deemed an admissi.on of the truth of each allegation contained in the Complaint. 

14 C.F.R. § 13.209(f). 

PAGE 08/11 

complaint 

!n the Matter af SoHc;l Edge Aviation, Ll.C 

FAA Case No. 2015WP910067, OMS No. Not Assigned 

Page 5 of 6 

Jeffrey M. Harper, FM Attorney 

T (425) 227-2161 

F (425) 227-1007 
07/07/2015 15:51 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certifY that the Complaint has been served via facsimile and Certified Mail -

Return Receipt Requested this date, to the following: 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

F: (202) 267-1293 

Mr. Daryl M. Williams, Esq. 

Bair, Williams and Greer, LLP 

6225 North 24°1 Street, Suite 125 

Phoenix, AZ 8 50 16 

T (602) 445-7714 

F (602) 271-9308 

darylwilliams@bwglaw.net 

Dated this 7th day of July, 2015. 

. 

~t-p:;;;t!iz:f{J.iR~ anastephenson 

Offi.ce of' Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Avenue Southwest 

Renton. WA 98057 

( 425) 22 7-2007 

PAGE 0~/11 

Complaint 

In the Matter of Solid Edge Aviation, LLC 

FAA Case No. 2015WP910067, DMS No. Not Assign eo 

Page 6 of 6 

Jeffrey M. Harper, FAA Attorney 

T !425) 227-21.61. 

F (425) 227-1007 
07/07/2015 15:51 4252271007 

1 

2 

3 

4 

5 

,II 

BAtRD, WILLIAMS & GREER, LJ ... P. 

6225 NORTH 24"' STREET, SlJJTE 125 

PHOENIX, ARJ7..0NA 85016 

TELEPHONE (602) 256-9400 

Daryl M. Williams (004631) 

6 darylwill!ams@bwglaw.net 

7 Attorneys for Solid Edge Aviation 

8 

9 

10 

11 

12 

13 

14 

Federal Aviation Administration, 

Plaintiff, 

vs. 

Solid Edge Aviation, an Arizona limited 

liability company, 

Defendant. 

ANM7 PAGE 10/11 

FAA Case No. 2015WP910067 

Request for Hearing 

15 Solid Edge Aviation requests a hearing on the final notice of proposed civil action filed 

16 by the FAA in this matter. 

17 

18 

19 

20 

21 

Dated this 30th day of June 2015. 

22 ORlGINAL mailed this 30th day 

23 of June 2015, to: 

24 Federal Aviation. Administration 

Attn: Hearing Docket Clerk, AGC--430 

25 Wilbur Wright Building 

800 Independence Ave, Southwest 

26 Washington, DC 20591 

27 

28 COPY mailed this same day to: 

. 1 latJ:.IS 

Ba illiams & Greer, LLP 

6225 North 24'h Street, Suite 125 

Phoenix, Arizona 85016 

Attorneys for plaintiff 
07/07/2015 15:51 4252271007 

I .. _ ... 

1 J. M. Harper Federal Aviation Administration 

2 Office of Regional Counsel- ANM~7 

Northwest Mountain Reaion 

3 1601 Lind Avenue, Southwest 

4 Rento~, WA 98051n (\~ 

5 ~OUPA.~. L~DJU 6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

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26 

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ANM7 PAGE 11/11 

2 
07/07/2015 15:51 4252271007 ANM7 

FACSIMILE MESSAGE 

FEDERAL AVIATION ADJVIINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANJVI-7 

1601 LIND AVENUE S.W. 

RENTON, WASIDNGTON 98057 

PAGE 01/11 

The information contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use of the individual named on this cover sheet. 

If the reader of this message is not the intended recipient, you are hereby notified that any 

use, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this facsimile in error, please immediatdy notify us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

RE: 

July 7, 2015 

Docket Clerk AGC-430 

202-267-1293 

Solid Edge Aviation 

.FAA No. 

2015WP910067 

COMPLAINT 

I 

NO. PAGES: 

FROM: 

FAX NO.: 

PHONE NO.: 

EMAIL: 

1l including cover 

Jeffrey M. Harper 

425-227-1007 

425-227-2161 

JEFFREY.HARPER@FAA.GOV