U.S. Department of Transportation Federal Aviation Administration May 17,2012 CERTIFIED Hearing Docket Office of the Chief Counsel ,;_1_ i1 1 1 

### 7 Enforcement Division ·**~**

Federal Aviation Administration 800 Independence Avenue, S. W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilber Wright Building Suite 2W1000 

### y 

## 30 (1:**~OJindependence** Ave., SW. · WS:shington, DC 20591 Area Code 202 267-7100



# RECEIVED MAY 

## t

# a 2012 

# HEAR.ING DOCKET I

## ~ -Awft-c.,w- D

# gg7C( Re: Premierjets, Inc. 

# I d)) FAA Case No.: 2011WP910359

### (RA:26/d~ 

# Dlf/0 Enclosed herewithplease find a copy ofa request for hearing and the original and one copy of the Complaint in the above-referenced proceeding. The FAArequests that the hearing in this matter be held in Portland, OR, and expects that the hearing will last one day. Please address all communications for the FAA to the undersigned at: Office ofthe ChiefCounsel 800 Independence Avenue, S.W. Washington, D.C. 20591 Ph: 202-267-7100 Fax: 202-267-5106 E-mail: michael.f.mckinley@faa.goy

Enclosures: Request for Hearing Complaint
cc: Respondent (w/copy ofComplaint) Senior AttorneyU.S. Department of Transportation Federal Aviation Administration May 17,2012 CERTIFIED Roger B. Kelsey President Premier Jets, Inc. 2140 NE 25th Avenue Hillsboro, OR 97124 Office ofthe Chief Counsel Enforcement Division

Re: Inthe Matter ofPremier Jets, Inc. FAA Case No.: 2011WP910359 800 Independence Ave., SW. Washington, DC 20591 Area Code 202-267-7100 

# RECEIVE·o MAY 

## t 8. 2012 

# HEARING DOCKET

Enclosed herewith please find one copy each ofthe transmittal letter, the request for hearing, and the complaint in the above-referenced proceeding. The FAA has requested thatthe hearing inthis matter be held in Portland, OR, and expects that the hearing will last one day. You must file a written answer to the Complaint not later thanthirty (30) days after service ofthe Complaint. Service is defined in Section 13.211 ofthe Rules ofPractice inFAA Civil Penalty Actions (14 C.F.R. Section 13.211), a copy ofwhich was sent to you with the Notice ofProposed Civil Penalty. The answer mustbe dated and signed in accordance with Section 13.209 ofthe Rules ofPractice (14 C.F.R. Section 13.209). PeterJ. Lynch Assistant ChiefCounsel 

### By:

# 1Ji&!!JL~ Senior Attorney Office ofthe ChiefCounsel 800 Independence Avenue, S.W. Washington, D.C. 20591 Ph: 202-267-7100 Fax: 202-267-5106 E-mail: michael.£mckinley@faa.gov Enclosures---**-~-~~~~~~~~~~~~~--------------------**

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

IN THE MATTER OF PREMIERJETS, INC. FAADOCKET NO. (not assigned) (Civil Penalty Action) DMS NO. (not assigned) FAA CASE NO. 2011WP910359

COMPLAINT 

# RECEIVED MAY f 

## 8.2012 

# HEARING DOCKET

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I 1. On April16, 2012, Respondent Premier Jets, Inc. (Respondent) was advised through a Final Notice ofProposed Civil Penalty thatthe FAAproposed to assess a civil penalty inthe amount of$6,575.00. On May 3, 2012, Respondent submitted a written request for a hearing.
2. On all dates relevantherein, Respondent was, and is, the holder ofAir Carrier Certificate Number CMWA383B, issuedpursuantto 14 C.F.R Part 135.

3. On all dates relevantherein, Respondent held Operations Specifications A449 whichrequired thatit comply 

### withthe requirements of 14 C.F.R. part 120 and 49 C.F.R. part40 for its Drug and Alcohol Testing Program.2



### 4. At all times mentioned herein, a person who performed or performs flight crewmember duties, or maintenance duties, for a part 119 certificate holder ("employer" as defined in 14 C.P.R.§ 120.7(i)) was performing a safety-sensitive function under 14 C.P.R.§ 120.105 and metthe definition of"covered employee" under 14 C.P.R.§ 120.7(f).

5. At all times mentioned herein, under 14 C.P.R.§ 120.7(h), an "employee" is a person who is hired to perform, either directly orby contract, a safety-sensitive function for an employer.

6. At all times mentioned herein, under 14 C.P.R.§ 120.7(k), "anemployee is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform such function."

7. OnJuly 28, 2011, the FAA conducted an inspection ofRespondent's Antidrug and Alcohol Misuse Prevention Programs.

8. As a result ofthe foregoing inspection, the following was discovered:
a. The minimum annual testing rate, for random alcohol testing in calendar year 2010, was 10% for alcohol.b. In2010, Respondent conducted no random alcohol tests.

c. Respondent failed to conductrandom alcohol testing in accordance withthe currentminimum annual testing rates for calendaryear 2010. 3

d. Respondent included a non-covered employee, Dave Dietterick, who was not performing safety-sensitive duties, inthe samerandom pool as its Department of Transportation (DOT) covered employees. II By reason ofthe foregoing facts and circumstances, Respondent violated the following Federal Aviation Regulations:

a. 14 C.F.R. Section 120.217(c)(6) which states that as an employer, you mustselect and test a percentage ofemployees at least equal to the minimum annual percentage rate eachyear.

b. 49 C.F.R. Section 40.347(b)(2) which states that employees not covered by DOT agency regulations may notbe part ofthe samerandom pool withDOT covered employees. Pursuantto Title 49 ofthe United States Code, Section 46301 or (49 U.S.C. §*46301), Respondent is subjectto a civil penalty not to exceed $11,000 for each violation alleged. Under the facts and circumstances ofthis case, a civil penalty of$6,575.00 is appropriate.WHEREFORE, the Agency, by counsel, respectfully requests thatthe Administrative LawJudge enter an Order that Respondent be assessed a civil penalty in the amount of $6,575.00. Respectfully submitted this 17th day ofMay, 2012.

# 7Jf4£~rt~ Michael F. McKinley 

# '? Senior Attorney Office ofthe ChiefCounsel 800 Independence Avenue, S.W. Washington, D.C. 20591 

### Ph: 202-267-7100 Fax: 202-267-5106 E-mail: michael.f.mckinley@faa.gov 4

### 5 I hereby certify that the foregoing Complaint has beenmailed this date by Certified Mail, Return Receipt Requested, to: Original and One Copy:

One Copy: Hearing Docket Federal Aviation Administration 800 Independence Avenue, S. W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilber Wright Building Suite 2Wl000

Roger B. Kelsey President Premier Jets, Inc. 2140 NE 25th Avenue Hillsboro, OR 97124
Dated this 17th day ofMay, 2012.

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May 3, 2012 FederalAviation Administration ATTN: Hearing Docket Clerk, AGC-430 600 Independence Avenue, SW WilburWright Building- Suite 2W1000 Washington, DC 20591 RE: 2011WP910359
To Whom It May Concern, 

# :s

PremierJets, Inc. hereby requests a hearing on the above case.

Roger B. Kelsay President PremierJets, Inc. 2140 NE 25th Avenue Hillsboro, OR 97124

CC: Michael F. McKinley SeniorAttorney Enforcement Division, AGC-300 Office ofthe ChiefCounsel 800 Independence Avenue, SW Washington, DC 20591

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