o 

U.S. Department O^ ^ ^ ^^^ Qj^j^f counsel 800 Independence Ave.. S.W. 

of Transportation Washington, D.C. 20591 

Federal Aviation 

Administration 

VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED and FACSIMILE 

April 8,2011 ;• 

The Honorable Ronnie A. Yoder ^o r->li'31 

Chief Administrative Law Judge " rn^-ni 

U. S. Department of Transportation > :f- ^ ^ 

1200 New Jersey Avenue, S.E. _jj ^§ ^ 

Washington, DC 20590 ^ t7j ~ 

Facsimile: 202-366-7536 ~ 

Re: DOT Docket No. CPlOSOOOl 1, FAA Case No. 2009SO950434 I PftA 

Dear Chief Judge Yoder, 

During the March 25, 2011, Pre-hearing Conference in the above-referenced matter. 

Dr. Selig requested proof of the date the July 23, 2010 Notice of Proposed Civil Penalty 

(Notice) was issued. You asked Complainant to provide any available documentation. 

Enclosed is a copy of the Notice which indicates that it was sent by Federal Express on 

July 23, 2010, a Federal Express label reflecting the same (the ship date is listed in the 

top right comer), and proof of delivery from Federal Express which also reflects a ship 

date ofJuly 23, 2010. 

Sincerely, 

'^Laura Ponto 

Attorney, Enforcement Division 

Telephone: (202) 267-9863 

Facsimile: (202) 267-5106 

cc: (Via Certified Mail - Return Receipt Requested) 

Dr. Michael B. Selig 

President 

M & R Helicopters, LLC ^. , ^ 

2045 Westgate Dr. ' ^ ^ ' g • ^^ ' "* 

Suite205 * ^&«^U'E ; 

Bethlehem, PA 18017 i,o^ / | 2fth 

BEARING DOCKET 
Federal Aviation Administration 

800 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 
& 

U.a Department office of the Chief Counsel 800 Independence Ave., SW. 

of Tronsportotlon Washington, pC 20591 

Federal Aviation 

Administration 

FEDERAL EXPRESS 

July 23,2010 

Dr. Michael B. Selig 

President 

M & R Helicopters, LLC 

2045 Westgate Dr. 

Suite 205 

Bethlehem, PA 18017 

RE: Case No: 2009SO950434 

NOTICE OF PROPOSED CTVIL PENALTY 

Based upon a report of investigation, it appears that: 

1. M & R Helicopters, LLC (M & R Helicopters) is now, and at all times mentioned 

in this document was, the holder of Air Carrier Certificate No. MR3A020IC, issued under 

14 C.F.R. part 119 and authorized to conduct operations under 14 C.F.R- part 135 of the 

Federal Aviation Regulations. 

2. At aU times mentioned in this docimient, M & R Helicopters' operations 

specifications required it to comply with 14 C.F.R Part 121, Appendices I and J and 49 C.FJl. 

Part 40 for its antidrug and alcohol misuse prevention program. 

3. At all times mentioned in this document, 14 CF.R §§ 135.251(a) and 135.255(a) 

requited that M & R Helicopters test each employee wiio performs a safety-sensitive function 

listed in 14 C.F.R. part 121, Appendix I and J in accordance with those appendices. 

4. Under 14 C.F.R. part 121, Appendix I, § in, an employee who performs aircraft 

maintenance or preventive maintenance duties, directly or by contract for M & R Helicopters, is 

performing a safety-sensitive function and must be subject to drug testing imder an antidrug 

program implemented in accordance with that appendix. 

5. Under 14 C.F.R. part 121, Appendix J, §n.A, an employee who performs aircraft 

maintenance or preventive maintenance duties, directly or by contract for M & R Helicopters, is 

performing a safety-sensitive function and must be subject to alcohol testing under an alcohol 

misuse prevention program (AMPP) implemented in accordance with that appendix. 
6. At all times mentioned in this document, 14 C.F.R. part 121, Appendix I, §V.B, 

required each safety-sensitive employee to be subjected to DOT-required random drug testing in 

accordance with that Appendix. 

7- At all times mentioned in this document, 14 C.F.R. part 121, Appendix J, §in.C., 

required each safety-seiisitive employee to be subjected to DOT-required random alcohol misuse 

testing in accordance with that Appendix. 

8. Oh or about November 2,2007, November 18, 2007, and July 24, 2008, Mr. 

Edward Baker ID performed safety-sensitive functions for M & R Helicopters. 

9. Mr, Baker was not included in M & R Helicopter's random pool for DOTreqmred drug and alcohol testing at the time of the performance reference in paragraph 8. 

10. Mr, Baker did not have and was not included in an FAA-mandated antidrug 

program and AMPP at the time he performed safety-sensitive functions for M & R Helicopters, 

as set forth in paragraph 8. 

By reason of the foregoing, M & R Helicopters violated the followijag FAA regulations: 

(a) 14 C.F.R. § 135.251(a), in that it failed to test each employee who performed a safetysensitive function listed in 14 C.F.R part 121, Appendix I in accordance with Section V.A.I and 

Section V.B.5 of that appendix. 

(b) 14 C.F.R. § 135.255(b), ia tiiat it failed to test each employee who performed a 

safety-sensitive function listed in 14 C.F.R. part 121, Appendix J in accordance with the 

provisions of Section III.C.5 of that appendix. 

Pursuant to 49 U.S.C. § 46301(a)(5)(A), M & R Helicopters is subject to a civil penalty not to 

exceed $11,000 for each violation of the Federal Aviation Regulations. After reviewing all of 

the information contained in our investigative file, we propose to assess a civil penalty in the 

amount of $5,400 for these violations. 

Information aboutM&R Helicopter's options in responding to this Notice is enclosed. The 

options include participating in an informal conference with an FAA attorney and submitting 

information to the FAA for consideration. M & R Helicopters must submit in writing its choice 

of the alternatives explained in the enclosed reply form within 30 days of receiving this Notice. 

If M & R Helicopters fails to submit its choice within 30 days of its receipt of this Notice, it wiU 

have no further right to partic^)ate in the informal procedures. 

Please direct all communications to Laura Ponto, Attorney, Enforcement Division/AGC-300, 

Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue, S.W., 

Washington, D.C. 20591, (202) 267-9863, facsindle (202) 267-5106. 

Peter J. Lynch 

Assistant Chief Coimsel 
forEnforce]„__ 

Ponto 

'iney, Enforcement Division/AGG-300 

of the Chief Coimsel 

Telephone: (202) 267-9863 

Facsindle: (202)267-5106 

Enclosures: Infonnation Sheet with Reply Form attached at pages 4-5 

FAR 13.16 and Subpart G of Part 13 
Page 1 of 1 

From: Origin ID: WASA (202)267-3137 

LAURA POMTO 

Thft OfliH oTChisf CounsBl 

SQO iiidep«nde«tte Avtnue, SW 

Enforcanwit DMsnn, AGC-3D0 

Washingtan,DC205S1 

FecO^. 

SHIP TO: (000}00(MIOOO 

DR Michael B Selig 

Pi^sident 

2045 WESTGATE DR STE 205 

M&R HELICOPTERS. LLC 

BETHLEHEM, PA 18017 

BILL SENDER 

Sl^fDato:23JLIL1D 

AdWgtI.OLfi 

CAD: 419021W1ET306Q 

Detwrv AdtSnss Bar Code 

Ref# 

invoice # 

PO# 

Dept# 

TRK# 

[0201] 7937 5594 3000 

XHUKTA 

MON - 26 JUL Al 

PRIORITY OS^ERNIGHT 

1801 7 

PA-TJS 

ABE 

niBHWTwm 

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