10/19/2010 10:56 FAX 2024935142 FAA * DMS 1^001/003 

Stuart S. MacPherson FA A Docket No. CP10WP0006 

P.O. Box 807 DMS NO. FAA-2010-0538 

Cardiff, Ca. 92007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transporiaiion 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El 2-320 

Washington, D.C. 20590 

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RESPONSE TO ORDER TO SHOW CAUSE 

1. As a result of the evolving regulations concerning the conduct of scenic flights it 

became necessary in 2008 for Stuart S. MacPherson to register for a Letter of 

Authorization to conduct Scenic Aerial Tours. Prior to this time MacPherson 

conducted these Touors under Part 91 of the Federal Aviation Regulations. 

2. In compliance with the requirements of Part 91 MacPherson was enrolled in the 

Random Drug and Alcohol Testing Poo) of Barnstorming Adventures, a 

Consortium administered by Drug Testing Network, Inc. 

3. Prior to initiating operations under his new Letter of Authorization 

MacPherson established his own FAA drug testing program with Drug 

Testing Network, Inc. At the time. Drug Testing Network implied, and 

MacPherson understood, that his prior enrollment in Barnstorming Adventures 

Random Pool would suffice as pre-employment testing for MacPherson's newly 

established drug testing program. 

4. Subsequent FAA review of MacPherson's drug testing program asserts that the 

prior enrollment in Barnstorming Adventures random pool did not constitute preemployment testing. 

5. It is this disagreement upon which a maximum civil penalty of $11,000 i.<; 

assessed. 

6. A secondary dispute concerns John Twiss's annual inspection of the airplaneused to 

conduct MacPherson's aerial tours. Prior to the annual inspection, and upon 

inquiry by MacPherson, Twiss acknowledged that he was in fact enrolled in a 

random drug testing program. MacPherson, in his best judgment at the time, 

accepted this Statement of Fact at face value. 
10/19/201 0 10;5G FAX 2024935142 FAA ^ DMS gl002/00 3 

7. MacPherson has been subsequently advised that Twiss's original enrollment in an 

alcohol and drug testing program was similarly mismanaged and there is dispute 

as to the actual date when his program officially began.. To eliminate future 

misunderstandings and problems in this area MacPherson is in the process of 

enrolling Twiss in MacPherson's drug testing program. 

8. It is this secondary dispute upon which an additional penalty of $6,200 is assessed. 

8. MacPherson, in good faith and with his best londerstanding of the pertinent 

regulations, has endeavored to comply with the ever incresising and complicated 

requirements of conducting scenic aerial tours. MacPherson has flown scenic 

flights for the past 37 years, carrying in excess of 16,000 passengers without 

accident, incident or violation. 

9. At no lime was the public at risk due to the iniiactions alleged in this complaint. 

The civil penalties totaling $16,200, as proposed by the Complainant, are extreme 

and unwarranted. 

n. 

ANSWER TO THE COMPLAINT 

1. I am without suflicieni knowledge or information to admit or deny each numbered 

paragraph of the complaint. 

Attachment-Service List 
10/19/201 0 10;5G FAX 2024935142 FAA + DMS @l003/003 

FAA Docket No. CP10WP0006 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Admini.stration 

HOD Independence Avenue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Stuart S. MacPherson, Respondent 

P.O. Box 807 

Cardiff, CA 92007 

TEL: 760-632-6624 

Laura Ponto, Complainant's Counsel 

Attorney, Hitforcement Division, AGC-300 

Office of Regional Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

THL: 202-267-9863 

FAX; 202-267-5106 

The Honorable Richard C. Ooodwin, Administrative Law Judge 

Ofiice ofl-Iearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.B. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Service was by U.S. Mail. Foi service in person or by expedited courier, use the following address: Fuderal 

Aviation Administration, 600 Independence Avenue, S.W., Wi!bw Wright Building- Suite 2W1000, Wasliiiiglon, 

DC 20591; Atlenlion: Hearing Docket Clerk, AGC-430 .