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 A venue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1 000 

y 3 0 (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: Premier jets, Inc. I d)) 

FAA Case No.: 2011WP910359 (RA:26/d~ Dlf/0 

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

the Complaint in the above-referenced proceeding. 

The FAA requests 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 of the Chief Counsel 

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 of Complaint) 

Senior Attorney 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

May 17,2012 

CERTIFIED 

Roger B. Kelsey 

President 

Premier Jets, Inc. 

2140 NE 25th A venue 

Hillsboro, OR 97124 

Office of the Chief Counsel 

Enforcement Division 

Re: In the Matter of Premier 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 that the hearing in this 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 than thirty (30) days after service of the 

Complaint. Service is defined in Section 13.211 of the Rules of Practice in FAA Civil Penalty 

Actions (14 C.F.R. Section 13.211), a copy of which was sent to you with the Notice of Proposed 

Civil Penalty. The answer must be dated and signed in accordance with Section 13.209 of the 

Rules of Practice (14 C.F.R. Section 13.209). 

Peter J. Lynch 

Assistant Chief Counsel 

By: 1Ji&!!JL~ Senior Attorney 

Office of the Chief Counsel 

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 

PREMIER JETS, INC. 

FAA DOCKET 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, 

pursuant to Rule 208 ofthe Rules of Practice (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 of Proposed Civil Penalty that the FAA proposed to assess 

a civil penalty in the amount of$6,575.00. On May 3, 2012, Respondent 

submitted a written request for a hearing. 

2. On all dates relevant herein, Respondent was, and is, the holder of Air Carrier 

Certificate Number CMWA383B, issued pursuant to 14 C.F.R Part 135. 

3. On all dates relevant herein, Respondent held Operations Specifications A449 

which required that it comply with the requirements of 14 C.F.R. part 120 and 49 

C.F.R. part 40 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 met the 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 or by contract, a safety-sensitive 

function for an employer. 

6. At all times mentioned herein, under 14 C.P.R.§ 120.7(k), "an employee 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. On July 28, 2011, the FAA conducted an inspection of Respondent's Antidrug and 

Alcohol Misuse Prevention Programs. 

8. As a result of the 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. In 2010, Respondent conducted no random alcohol tests. 

c. Respondent failed to conduct random alcohol testing in accordance with the 

current minimum annual testing rates for calendar year 2010. 

3 

d. Respondent included a non-covered employee, Dave Dietterick, who was not 

performing safety-sensitive duties, in the same random pool as its Department of 

Transportation (DOT) covered employees. 

II 

By reason of the 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 must select 

and test a percentage of employees at least equal to the minimum annual percentage 

rate each year. 

b. 49 C.F.R. Section 40.347(b)(2) which states that employees not covered by DOT 

agency regulations may not be part of the same random pool with DOT covered 

employees. 

Pursuant to Title 49 of the United States Code, Section 46301 or (49 U.S.C. §*46301), 

Respondent is subject to 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 that the Administrative 

Law Judge 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 of the Chief Counsel 

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 been mailed this date by Certified Mail, Return 

Receipt Requested, to: 

Original and One Copy: 

One Copy: 

Hearing Docket 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2Wl 000 

Roger B. Kelsey 

President 

Premier Jets, Inc. 

2140 NE 25th A venue 

Hillsboro, OR 97124 

Dated this 17th day ofMay, 2012. 
-------------------------------------

May 3, 2012 

Federal Aviation Administration 

ATTN: Hearing Docket Clerk, AGC-430 

600 Independence Avenue, SW 

Wilbur Wright Building- Suite 2W1000 

Washington, DC 20591 

RE: 2011WP910359 

To Whom It May Concern, 

:s 

Premier Jets, Inc. hereby requests a hearing on the above case. 

Roger B. Kelsay 

President 

Premier Jets, Inc. 

2140 NE 25th Avenue 

Hillsboro, OR 97124 

CC: Michael F. McKinley 

Senior Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

800 Independence Avenue, SW 

Washington, DC 20591 

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