U.S. Department 

of Transportation 

Federal Aviation 

Administration 

June 3, 2013 

CERTIFIED 

Hearing Docket 

Office of the Chief Counsel· · 

Enforcement Division -~ i 2 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1 000 

-,_ , ... 800 Independence Ave., SW. 

-' t: ~ LWashington, DC 20591 

Area Code 202 267-7100 

RECEIVED 

JUN -7 2013 

HEARING DOCKET 

. . . lf[)mS ~~3- ~fCf Re: Bald Mountam A1r Servtce, Inc. ..., h q/6 

FAACaseNo.: 2013WA910046 ~OJ3rfk00 .. ~~ 

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 Anchorage, Alaska, 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.gov 

Enclosures: Request for Hearing 

Complaint 

cc: Respondent (w/copy of Complaint) 

Since~r.# 

M¥.el 

Senior Attorney 

F. McKinley ~ 
CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing Complaint by mailing the following 

copies, Certified Mail (Return Receipt Requested): 

Original and 1 Copy: 

One Copy: 

Dated this 4th day of October, 2012. 

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 

Dave Magorien 

Magorien Honing & Hydraulics 

1212 South Vail Avenue 

Montenbello, CA 90640 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

BALD MOUNTAIN AIR SERVICE, INC. 

FAA DOCKET NO. (not assigned) 

(Civil Penalty Action) 

FDMS NO. (not assigned) 

FAA CASE NO. 2013WA910046 

COMPLAINT 

RECEIVED 

JUN -7 2013 

HEARING DOCKET 

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

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

I 

1. On May 16, 2013, Bald Mountain Air Service, Inc. (Respondent) was advised 

by a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil 

penalty in the amount of$62,725. On May 31,2013, Respondent submitted a written 

request for a hearing. 

2. On all relevant dates herein, Respondent was the holder of Air Carrier Certificate Number 

YQPA987Uwith operations specifications appropriate to operations under part 135. 

3. On all relevant dates herein, Respondent was required to 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. 
4. Respondent hired Jimmie Brown on April23, 2012 to perform safety sensitive 

functions as an aircraft mechanic. 

2 

5. Jimmie Brown was not added to the random drug and alcohol testing pool until August 2, 

2012. 

6. As a result of paragraphs 3 and 4, above, Jimmie Brown was not subject to random drug 

and alcohol testing conducted on July 5, 2012. 

7. Respondent did not determine that the following contractor, Bill Ryan, an employee 

of Aviation Management Consulting Services, LLC, was covered under a FAA-mandated 

drug testing program and alcohol misuse prevention program prior to Bald 

Mountain using Aviation Management's consulting services. 

8. Respondent did not conduct a pre-employment test and/or receive a verified negative 

result prior to hiring the following employees for a safety-sensitive function: 
3 

Date of Date of DOT Pre- Date of Verified 

Employee Occupation Hire or Employment Drug Negative Drug 

Transfer Test Test Result 

Bryan Bell Pilot 8/3/2011 8/5/2011 8/9/2011 

Don Cogbill A&PMech 7/17/2011 8/3/2011 8/5/2011 

DougEpps Pilot 10/24/2012 10/30/2012 11/5/2012 

Mark Fischer A&PMech 3/26/2012 3/26/2012 3/27/2012 

Jesse Kirby A&PMech 6/20/2011 6/20/2011 6/23/2011 

Tracey Kraun Pilot 8/15/2011 8/26/2011 8/30/2011 

Robert McSheehy Pilot 8115/2011 8/12/2011 8/16/2011 

Richard Merculief Pilot 9/6/2011 9/7/2011 9/8/2011 

Deborah Moseley Pilot 7/10/2012 7/9/2012 7/12/2012 

Travis Port A&PMech 6/4/2012 6/4/2012 6/6/2012 

Joshua Rudolf A&PMech 1/23/2012 1123/2012 1/26/2012 

Shawn Wilcock A&PMech 6/20/2011 6/20/2011 6/23/2011 

Erin Witt Pilot 8/5/2011 8/29/2011 8/30/2011 

9. Respondent failed to perform drug and alcohol record checks on the following employees 

prior to the first day they performed safety-sensitive duties: 

Employee Violation Date 

Jimmie Brown April23, 2012 
4 

Donald Cogbill July 17, 2011 

Mark Fischer March 26, 2012 

Travis Port June 4, 2012 

10. Respondent allowed the following employees to continue performing safety-sensitive work 

for more than 30 days without receiving or making a good-faith effort to obtain their 

previous drug and alcohol testing records from previous employers: 

Employee Violation Date 

Jimmie Brown May 23,2012 

Donald Cogbill August 17. 2011 

Mark Fischer April26, 2012 

Travis Port July 4, 2012 

Steven Andersen August 1, 2012 

Douglas Epps November 23,2012 

Ulla Rasilainen August 18, 2012 

Woodson Saunders August 15, 2012 

Dustin Tallman December 20,2012 

Craig Young March 10,2012 
5 

By reason ofthe foregoing, Respondent violated the following Federal Aviation Regulations: 

a. 14 C.F.R § 120.105(e)- Which states that each employee, including any assistant, 

helper,. or individual in a training status, who performs a safety-sensitive function 

listed in this section directly or by contract (including by subcontract at any tier) for an 

employer as defined in this subpart must be subject to drug testing under a drug testing 

program implemented in accordance with this subpart. This includes full-time, parttime, temporary, and intermittent employees regardless of the degree of supervision. 

The safety-sensitive functions are: Aircraft maintenance and preventive maintenance 

duties. 

b. 14 C.F.R § 120.109(a)(1)- Which statesthat no employer may hire an individual for 

a safety-sensitive function listen in 14 C.F.R. § 120.105, unless the employer first 

conducts a pre-employment DOT approved drug test and receives a verified negative 

result for that corresponding individual. 

c. 14 C.F.R § 120.109(b)- Which states that each employer shall conduct the types of 

testing described in this section in accordance with the procedures set forth in this 

subpart and the DOT "Procedures for Transportation Workplace Drug Testing 

Programs" ( 49 C.F .R. part 40), including, (b) Random drug testing. 

d. 14 C.F.R § 120.109(b)(6)(i)(B)- Which states to calculate the average number of 

safety-sensitive employees eligible for random testing throughout the year, add the 

total number of safety-sensitive employees eligible for testing during each random 
testing period for the year and divide that total by the number of random testing 

periods. Only safety-sensitive employees are to be in an employer's random testing 

pool, and all safety-sensitive employees must be in the random pool. If you are an 

employer conducting random testing more often than once per month (e.g., you select 

daily, weekly, bi-weekly) you do not need to compute this total number of safetysensitive employees more than on a once per month basis. 

6 

e. 14 C.F.R § 120.117(a)(5)- Which states, each company must meet the requirements 

of this subpart. Use the following chart to determine whether your company must 

obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification 

or whether you must register with the FAA: 

Ifyou are ... You must ... 

(5) A contractor Register with the FAA, Office of Aerospace Medicine, Drug 

who has your Abatement Division (AAM-800), 800 Independence 

own drug Avenue, SW., Washington, DC 20591, if you opt to conduct 

testing program your own drug testing program. 

f. 14 C.F.R § 120.215(a)(5)- Which states, each employee, including any assistant, 

helper, or individual in a training status, who performs a safety-sensitive function 

listed in this section directly or by contract (including by subcontract at any tier) for an 

employer as defined in this subpart must be subject to alcohol testing under an alcohol 

testing program implemented in accordance with this subpart: This includes full-time, 
part-time, temporary, and intermittent employees regardless of the degree of 

supervision. The safety-sensitive functions are aircraft maintenance or preventative 

maintenance duties. 

g. 14 C.F.R § 120.217(c)(6)(i)(B)- Which states to calculate the average number of 

safety-sensitive employees eligible for random testing throughout the year, add the 

total number of safety-sensitive employees eligible for testing during each random 

testing period for the year and divide that total by the number of random testing 

periods. Only safety-sensitive employees are to be in an employer's random testing 

pool, and all safety-sensitive employees must be in the random pool. If you are an 

employer conducting random testing more often than once per month (e.g., you select 

daily, weekly, bi-weekly) you do not need to compute this total number of safetysensitive employees more than on a once per month basis. 

h. 14 C.F.R § 120.225(a)(S)- Which states, each company must meet the requirements 

of this subpart. Use the following chart to determine whether your company must 

obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification 

or whether you must register with the FAA: 

Ifyou are ... You must ... 

7 

(5) A contractor Register with the FAA, Office of Aerospace Medicine, Drug 

who has your Abatement Division (AAM-800), 800 Independence 
8 

own alcohol Avenue, SW., Washington, DC 20591, if you opt to conduct 

testing program your own alcohol testing program. 

1. 49 C.F.R § 40.25(a)- Which states as an employer, you must, after obtaining an 

employee's written consent, request the information about the employee listed in 

paragraph (b) of this section. This requirement applies only to employees seeking to 

begin performing safety-sensitive duties for you for the first time (i.e., a new hire, an 

employee transfers into a safety-sensitive position). If the employee refuses to provide 

this written consent, you must not permit the employee to perform safety-sensitive 

functions. 

J. 49 C.F.R § 40.25(d)- Which states if feasible, [employer] must obtain and review 

this information before the employee firs performs safety-sensitive functions. If this is 

not feasible, you must obtain and review the information as soon as possible. 

However, you must not permit the employee to perform safety-sensitive functions after 

30 days from the date on which the employee first performed safety-sensitive 

functions, unless you have obtained or made and documented a good faith effort to 

obtain this information. 

k. 49 C.F.R § 40.25G)- Which states As the employer, you must also ask the employee 

whether he or she has tested positive, or refused to test, on any pre-employment drug 

or alcohol test administered by an employer to which the employee applied for, but did 

not obtain, safety-sensitive transportation work covered by DOT agency drug and 
9 

alcohol testing rules during the past two years. If the employee admits that he or she 

had a positive test or a refusal to test, you must not use the employee to perform 

safety-sensitive functions for you, until and unless the employee documents successful 

completion ofthe return-to-duty process (see paragraphs (b)(5) and (e) of this section). 

Pursuant to Title 49 of the United States Code, Section 46301, Respondent is subject to a 

civil penalty not to exceed $11,000 for each violation alleged. 

Under the facts and circumstances of this case, a civil penalty of $62,725 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$62,725. 

Respectfully submitted this 3 rd day of June, 20 13. 

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 
10 

CERTIFICATE OF SERVICE 

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 

Mr. Gary Porter 

President 

Bald Mountain Air Service, Inc. 

PO Box 3134 

Homer, AK 99603 

Dated this 3rd day of June, 2013 
.. 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilber Wright Building- Suite lWlOOO 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

CC: Michael F. McKinley, Senior Attorney 

Enforcement Division1 AGC-300 

Office of the Chief Council 

800 Independence Avenue, SW 

Washington, DC 20591 

Date: May 31, 2013 

Certified Return Receipt & Email to M. McKinley 

Certified Return Receipt to FAA Hearing Docket Clerk, AGC-430 

Ref: Case No. 2013WA910046 

Bald Mountain Air Service Inc., Air Carrier Certificate Number YQPA987U, is requesting a hearing in this 

case. Bald Mountain Air Service disagrees with the amount of civil penalty proposed. Bald Mountain Air 

Service requests a hearing be held in Anchorage Alaska. This request is made under provisions ofTitle 

14, Part 13, Subpart C, 13.16 {b)(3). Bald Mountain Air Service Inc. is sending this request to both the 

FAA attorney in the notice and to the Hearing Docket Clerk at: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilber Wright Building- Suite 2W1000 

Washington, DC 20591 

ATIN: Hearing Docket Clerk, AGC-430 

From: Bald Mountain Air Service Inc. 

P.O. Box 3134 

~mer~~ 

~~~~).~~~ GaryD.~er 

Vice President 

PO. Box 3134 

Horner, Alaska 89603 

Fax 007-235-6602 

\t-Jvvvv.haidrnountainair.corn