11/03/2014 11:04 4252271007 ANM7 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

November 3, 2014 

Northwest Mountain R0gion 

Office of Regional Counsel 

Colorado, ldeho1 Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425) 227-2161 

F:;<x; (425) 227-1007 

jeffr.oy.harper@faa.gov 

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 

Rc: In the Matter of Alpine Aviation, Inc., FAA Case No. 2014WP910070 

Enclosed please find a copy of a requ.est for hearing and the original and one copy of the 

Complaint in this proceeding. 

The FAA requests tb.at the hearing in this matter be held in Salt Lake City, Utah, and expects 

the hearing will last one day. For scheduling purposes, counsel for the FAA is UI\avaUable on 

the following dates in 2014: November 9-24, December 12-15, and December 19-29. In 

2015, counsel for the FAA is currently unavailable January 23-26, February 20-23, 

March 20-23, April 24--27, May 18, June 12-15, July 24--27, August 21-24, and 

September 18-21. 

Please address all communications to the undersigned at: 

Federal Aviation Administration 

Northwest Mountain Region, ANM·7 

1601 Lind Avenue Southwest 

Renton, Washington 9&057 

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

Enclosure: Request for Hearing (Appeal) 

Complaint 

PAGE 02/09 
11/03/2014 11:04 4252271007 

Alpine Aviation Inc. -FAA Case No. 20!4WP910070 

November 3, 2014 

Page 2 of2 

cc: Mr. Max Ban.sen, Esq. 

Max A. Hansen & Associates, P.C. 

PO Box 1301 

Dillon, MT 59725 

ANM7 PAGE 03/0g 
11/B3/2B14 11:04 4252271007 

Jeffrey M. Harper 

FAA Office of Regional Counsel 

1601 Lind Avenue Southwest 

Renton, Washington 98057 

T (425) 227-2161 

F (425) 227-1007 

ANH7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Alpine Aviation, Inc. 

FAA Case No, 2014WP910070 

DMS No. Not assigned 

Judge; Not assigned 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice 14 C.P.R. § 13.208, and states as follows: 

I. 

On August 8, 2014, Alpine Aviation, Inc., was advised through a Final Notice of 

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

$20,925. On October 29, 20)4, Alpine Aviation, Inc. submitted a written request for a 

hearing. 

II. 

1. Alpine Aviation, Inc. (Alpine) is now, and at all times relevant herein was, the holder 

of Ah: Cmier Certificate No. TIMA032A, and conducts its operations pursuant to 

Part 135 of the Federal Aviation Regulations (FAR), Title 14, Code ofFederal. 

Regulations (C.F.R.), Chapter I. 

PAGE 04/09 

2. At all times relevant herein, Alpine held appropriate Operations Specifications 

(OpSpecs) certifying 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 Progrsm. 

3. At all times relevant herein, paragraph D085 of Alpine's OpSpecs authorized it to use 

N236AL, a Beech BB-99-C99 civil aircraft, in the conduct of its Part 135 operations. 
11/03/2014 11:04 4252271007 ANM7 

4. On or about November 7, 2013, Alpine hired Mr. Terry Spath, by contract with Butte 

Aviation, to perform safety-sensitive duties. 

5. At no time relevant herein had Mr. Spath implemented a Federal Aviation 

Administration (F AA)!Department of Transportation (DOT) Antidrug and Alcohol 

Misuse Prevention program. 

PAGE 05/09 

6. At no time relevant herein had Butte Aviation implemented a FAA/DOT Antidrug and 

Alcohol Misuse Prevention program. 

7. Alpine did not subject Mr. Spath to a pre-employment drug test before 

November 8, 2013. 

8. Alpine did not receive a verified negative drug-test result for Mr. Spath before 

November 8, 2013. 

9. Random selections were made from Alpine's DOT random testing pools on 

January 1, 2014. 

10. Mr. Spath was not in Alpine's DOT random testing pools for the selection made on 

January 1, 2014. 

11. On February 15, 2013, Alpine subjected Mr. Allen Merrill to a DOT pre-employment 

drug test. 

12, On or about March 6, 2013, Alpine received a verified positive drug test result on Mr. 

Merrill. 

13. Alpine thereafter failed to provide :Mr. Merrill with a listing of Substance Abuse 

Professionals. 

III. 

1, By reason of the foregoing circumstance(s), Alpine violated the following sections of 

the Federal Aviation Regulations (14 C.F.R): 

a. Section 120.105, J.n 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 120.1 09(a)(1 ), in that it hired an individual for safety-sensitive functions 

listed in 14 C.P.R. Section 120.105 when it did 1;10t first conduct a preemployment test and receive a verified negative drug test result for that individual. 

Complaint 

In the Maner oi Alpine Aviation, Inc. 

FAA Cose No- 2014WP910070, DMS No, Noc Asslgne~ 

Page 2 of 5 

Jeffrey M, Harper, FAA Attorney 

T (425) 227·2161 

F (4?.5) 2?.7-1007 
11/03/2014 11:04 4252271007 ANH7 PAGE 05/09 

c. Section l20.215(a), in that an employee performing safety-sensitive fuu.ctions was 

not subject to au. alcohol testing program implemented in accordance >vith 

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

2. Under 49 U.S.C. §§ 46301 (a) and (d), Alpine i.s liable for a civil penalty not to 

exceed $11,000 for each ofthe violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of $20,925 is 

appropriate. 

Respectfully submitted this 3'd day ofNovember, 2014. 

frt;; #h 

FAA Attorney 

Complaint 

In the Matter of Alpine Aviation1 Inc. 

FAA Case No. 2014WP910070, DMS No. Not Msigned 

Page 3 of 5 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-21.61 

F (425) 227-1007 
11/03/2014 11:04 4252271007 ANM7 

ANSWER 

In accordance with Section 13.209(a) of the Federal Aviation Regulations, Alpine 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 admi.ssion of the truth of each allegation contained in the Complaint. 

14 C.P.R.§ 13.209(1'). 

PAGE 07/0g 

Complaint 

!n the Matter Of Alpine Aviation, Inc. 

FAA Cd;e No. 2014WP9i0070, DMS No. Not ~.sslgnod 

Page 4 of 5 

Jeffrey M, Harper, F.L\A Attorney 

T (425) 227-2161 

F (425) 227·1007 
11/03/2014 11:04 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certifY that the Complaint has been served via facsimile and Certified MailReturn Receipt Requested this date, to the following: 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

F edera1 A vialion Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Fax: (202) 493-5142 

Mr. Max Hansen, Esq. 

Max A. Hansen & Associations, P.C. 

P.O. Box l30l 

Dillon., MT 59725 

Fax: ( 406) 683-4304 

Dated this 3'd day ofNovember, 2014. 

fdtsf:phe~y1t£:-z_0dl\. Office ofRegiona1 Counsel (ANM-7) 

F edetal Aviation Administration 

1601 Lind A venue Southwest 

Renton, WA 98057 

(425) 227-2164 

PAGE 08/09 

Complaint 

In the Matter of Alpine Aviation, rnc. 

FM Caoe No. 20~4WP910070, DMS No. Not A;signed 

Page 5 of 5 

Jeffrey M. Harpti:r, FAA Attorney 

T (425) 227·2161 

F (425) 227·~007 
11/B3/2B14 ll:B4 4252271007 

~:0\_ 

, lpine Air 

1177 Alpine A iT Way Provo, U"T 84601 

(801) 373- I 508" Fi\X (801) 377-3781 

Oct.obcr :Z9, 2014 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building 

801 Independence Avenue Southwest 

Washington, DC 20591 

Re: FAA Case No. 2014WP910070 

Case Name: Alpine Aviation, Inc. 

To Whom It May Concern, 

ANI-'17 

Enclosed please find the Request for Hearing of Alpine Aviation Inc. Would you please file 

the same? 

Sincerely, 

-If@-(/~ 

Bill Distefano 

General Manager, Alpine Air 
11/03/2014 11:04 4252271007 ANI~7 

FACSIMILE MESSAGE 

FEOERAL AVIATION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LlNO ,c\ VENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/0g 

The information contained in thi.s facsimil<:: 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 immediately notify us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PlJONE NO.: 

RE: 

Complaint 

November 3, 2014 

Docket Clerk AGC-430 

202-493-5142 

Complaint 

2014WP910070 

NO. PAGES: 

FROM: 

FAX NO.: 

PHONE NO.: 

EMAIL: 

9 including cover 

Jeff-rey M. Harper 

425-227-1007 

425-227-2161 

.TEFFREY.HARPER@FAAGOV