# RECEI\lED
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS 

# FEB 062017 HEARII\

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### WASHINTON, DC Inthe Matter of: FELTS FIELD AVIATION Respondent ) ) ) ) )

## ~-----------) DocketNo: FAA-2015-3307 CaseNo: 2015WP910090 Judge J.E. Sullivan
RESPONDENT'S MOTION TO DISMISS, SUPPLEMENTAL BRIEF 

### The Respondent, Felts Field Aviation, by and through its attorneys, BENJAMIN L. WYBORNEY and MARK J. CONLIN, had previously moved the Court for an Order to Dismiss in the above referenced matter. This is a Supplemental Briefto the Motion to Dismiss.

GROUNDS 

### The Complainant, the FAA, provided a "Complainant's Calculation of the Proposed Civil Penalty" ("Calculation") pursuant to this Court's December 15, 2016 verbal Order to Produce by January 17, 2017, See Exhibit A, Transcript of Teleconference on December 15,2016, Page 64, Lines 11-16, Page 66, Lines 12-13, and Page 67, Lines 2-6. BASIS 

### On September 13, 2016, based on the fact that the Enforcement Investigative Report ("EIR") is the research and investigative product ofthe Expert Witness, and that pursuant to 14 C.F.R. § 13.220(e) Scope ofdiscovery.,"
... [a] party may discover facts known, or opinions held, by an expert who any otherparty expects to call to testify at the
MOTION TODISMISS, SUPPLEMENTALBRIEF In the Matter ofFelts Field Aviation, Inc. DocketNo. FAA-2015-3307 Case No. 2015WP910090 Page 1of8 Conlin, Maloney& Miller 421 W. Riverside Ave., Ste 911 Spokane, WA 99201 (509) 624-3020

### Hearing", the Respondent again requested, in writing, an unredacted copy of the EIR found in SupplementedExhibit C-1. The FAA againrefused. On September 16, 2016, the Respondent moved this Court for an Order to Compel Discovery ofamore compliantversion ofSupplementedExhibit C-1. On September 23, 2016, the FAA submitted an Opposition to the Respondent's Motionto Compel. On September 30, 2016, the Respondent submitted a Reply to the FAA's Oppositiontothe Respondent's Motionto Compel. On November 10, 2016, this Court conducted a Motion Conference on the Respondent's Motion to Compel. This Court continued the Motion Conference to December 15,2016 On November 14, 2016, this Court issued an Order that continued the Motion Conference to December 15, 2016. The Order further required that all parties read the decision issued in Airborne Maintenance and Engineering Services, FAA-2013-0291, 2014 WL 4635559 (FAA Aug. 19, 2014), and that after reading the material, the parties should contact each other and determine whether they might be able to agree to the various discoveryrequests. On November 21, 2016, the FAA, through its November 21 81 

### Supplemental Response to Respondent's First Set of Interrogatories and Requests for Production of Documents withdrew, without substitution, its TestifYing Expert Witness, Eric Wells. Mr. 

### Wells is the same untimely identified TestifYing Expert Witness that this Court specifically allowed in its July 14thOrder.

MOTIONTO DISMISS, SUPPLEMENTAL BRIEF Inthe Matter ofFelts FieldAviation, Inc. DocketNo. FAA-2015-3307 Case No. 2015WP910090 Page 2 of8 Conlin, Maloney & Miller 421 W. Riverside Ave., Ste 911 Spokane, WA 99201 (509) 624-3020

### OnNovember 30, 2016, at the Respondent's Attorneys' request and initiation, the Respondent's and FAA's Attorneys held a Telephonic Conference in which the FAA confirmed that the FAA would not change its position on the discoverability ofa more compliantversion ofSupplementedExhibit C-1. On December 7, 2016, in light ofthe FAA's November 21st withdrawal of its Expert Witness, the Respondent filed a Supplemental Reply to the Complainant's Oppositionto Respondent's Motionto Compel. On December 15, 2016, at the Continued Motion Conference, this Courtpartially granted the Respondent's Motion to Compel and Ordered "the FAA to disclose to the Respondent, in detail, how the FAA calculated its proposed civil penalty, which is atotal of
... $11,000 on the violation that it alleges that the Respondent committed" See Exhibit A, Transcript of Teleconference on December 15, 2016, Page 64, Lines 5-16. After confirming the FAA's ability to comply with the Order, this Court further Ordered that "on or before January 17, 2017, the Court is directing [the FAA] to provide that information." See Exhibit A, Transcript ofTeleconference on December 15, 2016, Page 63, Lines 16-22 and Page 67, Lines 2-6. OnJanuary II, 2017, the Transcriptto the December 15, 2016, Continued Motion Conference posted on the Federal Docket Management System website, regulations.gov in Docket Folder FAA-2015-3307. See Exhibit A, Transcript of Teleconference on December 15, 2016. On January 17, 2017, the FAA produced a pleading entitled "Complainant's Calculationofthe Proposed Civil Penalty" ("Calculation").

MOTIONTO DISMISS, SUPPLEMENTAL BRIEF Inthe MatterofFeltsFieldAviation, Inc. DocketNo. FAA-2015-3307 CaseNo. 2015WP910090 Page 3 of8 Conlin, Maloney & Miller 421 W. Riverside Ave., Ste 911 Spokane, WA 9920I (509) 624-3020

### On January 25,2017 via telephone, the Respondent informed the FAAthat it did not find the FAA's Calculation responsive to this Court's December 15, 2016 verbal Order. The FAA responded to the effect that disagreements as to the substantive responsiveness ofits Calculation wouldbe determined atthe February 3teleconference. On January 26, 2017, this Court issued an Order Granting inPart and Denying in Partthe Respondent's Motionto Compel. The Orderprovided: On or before January 17, 2017, 

### the FAA shall specifically disclose to the Respondent how each of the "Factors Affecting Sanction" headlined inthe EIR, as well as any other data it considered pursuant to FAA Order 2150.3B, had been considered in the FAA's final determination ofthe proposed $11,000 civil penalty in its Complaint (see Dec. 16, 2016 Tr, 64:11-67:6)." On January 30, 2017, as ofthe date ofthis Supplemental Brief, the FAA has not produced a pleading substantively responsive to the December 15, 2016 verbal Order or the January 26, 2017 written Order. Comesnow, this is the FAA'sthird failure to comply with an Orderissuedbythis Courtandthe RespondentMoves to Dismiss.

ARGUMENT 

### The FAA did produce a pleading entitled "Complainant's Calculation of the Proposed Civil Penalty" on January 17, 2017. That Calculation is so substantively unresponsive to this Court's Orderthat itconstitutes afailure to produce. At the December 15, 2016 Motion Conference, this Court Ordered the FAA to disclose "howthe FAA calculated its proposed civil penalty." See Exhibit A, Transcript

MOTION TO DISMISS, SUPPLEMENTAL BRIEF In the MatterofFelts FieldAviation, Inc. DocketNo. FAA-2015-3307 CaseNo. 2015WP910090 Page 4of8 Conlin, Maloney & Miller 421 W. Riverside Ave., Ste 911 Spokane, W A 9920I (509) 624-3020

### of Teleconference on December 15, 2016, Page 64, Lines 12-13. This Court further Orderedthatthe FAA should: And the calculation information that is disclosed by the FAA should include and address all factors in affecting the sanction which should be, and is not limited to, the nature ofthe violation, including how safety was affected, whetherthe violation was inadvertent and not deliberate, the attitude ofthe Respondent as the alleged violator, the degree ofhazard, the action taken by the employer or other authority regarding the alleged violation, the use ofcertificate. That FAA should also identify what, ifany, decisional law it utilized incalculating and coming to the proposed civilpenalty. It 

### should identify whether or not it utilized multiple violations or acts in calculating the proposed civil penalty, as well as considering the Respondent's ability to absorb the sanction, whether the violation was voluntarily reported, and whether the Respondent took corrective action, and whether such action was included in the calculation ofthe penalty. If there were any mitigating, extenuating, or aggravating factors that the FAA took into consideration in calculating the proposed penalty, the FAA should say so and identify them specifically. The FAA should also identifY any exculpatory evidence it had in its possession, or does have in its possession at this time, that could be utilized by the Respondent in defending against the proposed civil penalty. See Exhibit A, Transcript ofTeleconference on December 15, 2016, Page 64, Line 17 through Page 66 Line 4. The transcript to the December 15, 2016 Motion Conference was available on January 11, 2017, six days prior January 17, 2017. The FAA had notice ofthis Court's Order both from its appearance at the December 15 Motion Conference and the Motion Conference'stranscriptbeingposted onthe Federal DocketManagement System. On January 26, 2017 this Court produced a written Order that echoed the transcript above. Specifically: On or before January 17,2017, the FAA shall specifically disclose to the Respondent how each of the "Factors Affecting Sanction" MOTION TO DISMISS, SUPPLEMENTAL BRIEF In the Matter ofFelts FieldAviation, Inc. DocketNo. FAA-2015-3307 Case No. 2015WP910090 Page 5 of8 Conlin, Maloney & 

### Miller 421 W. Riverside Ave., Ste 911 Spokane, WA 9920I (509) 624-3020

### headlined in the EIR, as well as any other data it considered pursuant to FAA Order 2150.3B, had been considered in the FAA's final determination ofthe proposed $11,000 civil penalty in its Complaint (see Dec. 16, 2016 Tr, 64:11-67:6). The "Factors Affecting Sanction" as presented in the EIR are: Nature of the Violation, Including How Safety Was Affected; Whether the Violation Was Inadvertent and Not Deliberate; Certificate Holder's Level of Experience and Responsibility (previously disclosed); Attitude of the Violator; Degree of Hazard; Action Taken by Employer of [sic] Other Authority; Use of Certificate; Violation History (previously disclosed); Decisional Law; Multiple Violations/ Acts; Ability to Absorb Sanction; Consistency of Type of Sanction; Was the Violation Voluntarily Reported; What CorrectiveAction Has BeenTaken. See EIR, ExhibitB, Pages 3-6. This Court transmitted its written Order via facsimile on Thursday, January 26, 2017. The FAA reasonably should have expected a written Order. Based on the December 15, 2016, Motion Conference Transcript, published on January 11, 2017 The FAAreasonably should have been able to predictthe contents ofthe written Order. The FAA has had 46 days since the verbal Order at the December 15, 2016 Motion Hearing, 19 days since the Motion Hearing Transcript published, and 5 days since the confirmatory written Order published to produce the required material. The Calculation that the FAA has produced is substantively unresponsive and is little more than a declaration by the FAA's counsel. Considering the volume of redacted information that is Ordered to be produced, approximately two single spaced pages; a double spaced declaration that is a one and a halfpages long, cannot possible comply

MOTION TO DISMISS, SUPPLEMENTAL BRIEF In the Matter ofFelts FieldAviation, Inc. DocketNo. FAA-2015-3307 CaseNo. 2015WP910090 Page 6 of8 Conlin, Maloney & Miller 421 W. Riverside Ave., Ste 911 Spokane, WA 99201 (509) 624-3020

### with this Court's disclosure intent. See Exhibit B, Pages 3-6. A table ofthe required information, as setforth bythis Court's Order, andthe FAA'sproductionofitfollows: No Heading/Item Production

1. HowtheFAACalculated its proposedcivilpenalty indetail Yes, butnotin detail 2. Nature ofthe Violation, IncludingHowSafety Was Affected Yes, not specifically 3. Whetherthe violationwas inadvertent and not deliberate No 4. CertificateHolder'sLevel ofExperience and Responsibility PreviouslyDisclosed 5. Attitude oftheViolator No 6. Degree ofHazard No 7. ActionTakenbyEmployer of[sic] OtherAuthority No 8. Use ofCertificate Yes, not specifically 9. ViolationHistory PreviouslyDisclosed 10. DecisionalLaw No 11. Multiple Violations/ Acts No 12. AbilitytoAbsorb Sanction No 13. ConsistencyofType ofSanction No 14. WasViolationVoluntarily Reported No 15. Whetherthe Respondenttookcorrective action No 16. What Corrective ActionHasBeenTaken No 17. Other/Mitigating, Extenuating, orAggravating Factors Yes, aggravating (December 15 verbal Order) factors only 18. Any ExculpatoryEvidence [FAA] had orhas inits No possession (December 15 verbal Order) The FAA's delays, late submission and then withdrawal ofexpert witnesses, and
now refusal to comply with a Court Order have unfairly wasted the Respondent's time and money. The Respondent's alleged violation does not begin to rise to the level ofthe FAA'slapses in pursuing its Complaintagainst the Respondent. In light ofthe FAA's refusal to timely produce the material it was Ordered to produce, by the date the FAA requested to produce it, pursuant to 14 C.F.R. 

### § 13.218(±)(2), the Respondent respectfully moves this Court to Dismiss the FAA's Complaintinits entirety. In the alternative, as the FAA has failed to timely produce discoverable information from the EIR that it is Ordered to produce, pursuant to 14 C.P.R. 

### § MOTIONTODISMISS, SUPPLEMENTAL BRIEF Inthe Matter ofFelts FieldAviation, Inc. DocketNo. FAA-2015-3307 Case No. 2015WP910090 Page 7 of8 Conlin, Maloney & Miiier 42I W. Riverside Ave., Ste 9 I I Spokane, W A 9920I (509) 624-3020

### 13.220(n)(3), the Respondent respectfully moves this Court to preclude the admission of the EIR, and any informationthat stems from it.

CONCLUSION Forthe foregoing reasons, this Court shouldgrantthe Respondent's Motionto Dismiss or, inthe alternative, precludethe admission oftheEIRand any informationthat stems from it.

RESPECTFULLY SUBMITTED this 30th day ofJanuary, 2017.

MOTIONTO DISMISS, SUPPLEMENTAL BRIEF Inthe Matter ofFelts FieldAviation, Inc. DocketNo. FAA-2015-3307 

### CONLIN, MALONEY& 

### MILLER Benjamin L. 

### Wyborne ,WSBA# 50070 Attorneyfor Respondent 421 W. RiversideAvenue, Suite 911 Spokane, WA 99201 (509) 624-3020

Case No. 2015WP910090 Page 8 of8 Conlin, Maloney & Miller 421 W. Riverside Ave., Ste 911 Spokane, W A 99201 (509) 624-3020

### CERTIFICATE OF SERVICE


### Iherebycertifythatthe foregoing Motionto Dismisshas been served viaU.S. Priority Mail onJanuary 30,2017to the following: Judge J. E. Sullivan U.S. AdministrativeLawJudge 

### Office ofHearings, M-20 U.S. DepartmentofTransportation 1200NewJersey Ave, SE (Ell-310) Washington, DC 20590 Phone:202-366-6941 Fax: 202-366-7536 Federal AviationAdministration Attention: HearingDocket Clerk, AGC-430 WilburWrightBuilding- Suite 2W1000 800 IndependenceAvenue, S.W. Washington, DC 20591 Fatimah Stokley, Attorney Federal AviationAdministration Office ofthe ChiefCounsel EnforcementDivision, WesternTeam P.O. Box 920007 Los Angeles, CA 90009-2007 Fax: (310) 725-6816 DATEDthis 30thday ofJanuary, 2017



# \~~~ GwennKubik Legal Assistant 421 W. Riverside Avenue, Suite 911 Spokane, WA 99201 (509) 624-3020

### EXHIBITA TranscriptofTeleconference onDecember 15, 2016 Extract ofPages I and 64-67

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

IN THE MATTER OF: FELTS FIELD AVIATION FDMS No. FAA-2015-3307 1

Respondent 

# RF,...I=:IVED
Thursday, December 15, 2016 

### DEC 302016 ri!:AHii\JG 

### DOCKET

The teleconference convened, pursuant to notice, at 1:30 p.m. BEFORE: THE HONORABLE J.E. SULLIVAN, U.S. Administrative I1aw Judge

(202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005·3701

MOTION TO DISMISS, SUPPLEMENTAL BRIEF In the Matter ofFelts FieldAviation, Inc. DocketNo. FAA-2015-3307 Case No. 2015WP910090 Exhibit A: Page I of5 {202) 2344433

Conlin, Maloney & Miller 421 W. Riverside Ave., Ste 911 Spokane, W A 9920I (509) 624-3020

### EXHIBITA Transcript ofTeleconference onDecember 15,2016 Extract ofPages 1and 64-67

64 1 Now, the FAA certainly has a -- and 2 maybe I could do it differently, because we rre 3 talking about a motion to compel. Give me a 4 minute as I look at this material again. 5 I think I can short change this, 6 excuse me. Based on the materials that the 7 parties have provided in the arguments that have 8 been presented, I'm going to grant the 9 Respondent 1s motion to compel discovery partially 10 at this time. 11 And I will direct the FAA to disclose 12 to the Respondent/ in detail, how the FAA 13 calculated its proposed civil penalty, which is a 14 total of-- have to do that right away-- $11,000 15 on the violation that it alleges that the 16 Respondent committed. 17 And the calculation information that 18 is disclosed by the FAA should include and 19 address all factors in affecting the sanction 20 which should be, and is not limited to, the 21 nature of the violation, including how safety was 22 affected, whether the violation was inadvertent

(202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE !StAND AVE., N.W. WASHINGTON, D.C. 20005·3701

MOTIONTODISMISS, SUPPLEMENTALBRIEF In the Matter ofFeltsFieldAviation, Inc. DocketNo. FAA-2015-3307 Case No. 2015WP910090 Exhibit A: Page 2 of5 (202)234--4433

Conlin, Maloney& Miller 421 W. Riverside Ave., Ste 911 Spokane, W A 9920I (509) 624-3020

### EXHIBITA Transcript ofTeleconference onDecember 15,2016 Extract ofPages 1and 64-67

65
1 and not deliberate, the attitude of the 2 Respondent as the alleged violator, the degree of 3 hazard, the action taken by the employer or other 4 authority regarding the alleged violation, the 5 use of certificate. 6 The FAA should also identify what, if 7 any, decisional law it utilized in calculating 8 and coming to the proposed civil penalty. 9 It should identify whether or not it 10 utilized multiple violations or acts in 11 calculating the proposed civil penalty, as well 12 as considering· the Respondent's ability to absorb 13 the sanction, whether the violation was 14 voluntarily reported, and whether the Respondent 15 took corrective action, and whether such action 16 was included in the calculation of the penalty. 17 If there were any mitigating r 18 extenuating, or aggravating factors that the FAA 19 took into consideration in calculating the 20 proposed penalty, the FAA should say so and 21 identify them specifically. 22 The FAA should also identify any

(202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W. WASHINGTON, D.C. 20005-3701

MOTIONTO DISMISS, SUPPLEMENTAL BRIEF In the Matter ofFelts FieldAviation, Inc. DocketNo. F AA-2015-3307 CaseNo. 2015WP910090 Exhibit A: Page 3 of5 {202) 234-4433

Conlin, Maloney & Miller 421 W. Riverside Ave., Ste 911 Spokane, W A 9920I (509) 624-3020

### EXHIBITA Transcript ofTe1econference onDecember 15, 2016 Extract ofPages 1and 64-67

66 1 exculpatory evidence it had in its possession, or 2 does have in its possession at this time, that 3 could be utilized by the Respondent in defending 4 

### against the proposed civil penalty. 5 When do you think you can get that 6 information out, Ms. Stokley, to the Respondent? 7 MS. STOKLEY: Your Honor, it's going 8 to take some time for me to meet with the Drug 9 Abatement Office and coordinate a response to 10 that

-- is this an order

-- to your order? And 11 so -- 12 JUDGE SULLIVAN: Yes. I 1m directing 13 you to provide this information. And it really 14 

### is the kind of information that should be 15 disclosed in any of these cases. 16 MS. STOKLEY, Your Honor, I _can 17 provide those when

-- I 

### 1m looking at my calendar 18

-- by the week of the 16th of January. 19 JUDGE SULLIVAN: Well, I 1m looking at 20 that calendar time as well. So the 16th is a 21 holiday. Can you have this information provided 22 to the Respondent by January 17, 2017?

{202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLANDAVE., N.W WASHINGTON, D.C. 20005-3701



### MOTION TO DISMISS, SUPPLEMENTAL BRIEF Inthe Matter ofFelts FieldAviation, Inc. DocketNo. FAA-20I5-3307 CaseNo. 2015WP910090 Exhibit A: Page 4ofS (202) 234-4433



### Conlin, Maloney & 

### Miller 421 W. Riverside Ave., Ste 911 Spokane, W A 99201 (509) 624-3020

### EXHIBIT A TranscriptofTeleconference onDecember 15, 2016 ExtractofPages I and 64-67

57 1 MS. STOKLEY: Yes, Your Honor. 2 JUDGE SULLIVAN: So noted. so as of 3

-- 

### on or before January 17, 2017, the Court is 4 directing you to provide that information. The 5 Court is denying the motion to compel, in part, 6 for disclosure of the actual EIR. 7 I would agree that, Ms. Stokley, that 8 this particular information can be deemed as a 9 work

-- under the work product privilege, but it 10 is disclosable in a different way, as the Court 11 has directed it to be disclosed. 12 As a result, I'm denying the 13 Respondent 1s request for an on-camera review of 14 the EIR. I don 1t think that's necessary. I'm 15 also finding that the EIR is not fully 16 disclosable simply because Mr. Wel-ls was 17 -potentially identified as an expert witness and 18 is now withdrawn. 19 I understand what the Respondent's 20 argument 

### is about that, but I simply don 1 t 21 completely agree with the Respondent as to the 22 scope of how much disclosure may be involved,

(202) 234-4433 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. WASHINGTON, D.C. 20005-3701



### MOTION TO DISMISS, SUPPLEMENTAL BRIEF Inthe Matter ofFelts FieldAviation, Inc. DocketNo. FAA-2015-3307 CaseNo. 2015WP910090 ExhibitA: Page 5 of5 (202) 234-4433



### Conlin, Maloney & 

### Miller 421 W. RiversideAve., Ste 911 Spokane, W A 99201 (509) 624-3020

### EXHIBITB

**P;tgl~** l 11i Exhibit C-·t Docket No FAA-2015-3307 ENFOf:CEMENT INVEST!GATIVE F!E;:JORT Oreier .2150 3 Torinstwctions)

FELT3 Fi: '-D AVii\TION INC

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MOTIONTO DISMISS, SUPPLEMENTALBRIEF Inthe MatterofFelts FieldAviation, Inc, DocketNo. FAA-2015-3307 CaseNo. 2015WP910090 ExhibitB: Page 1of6 Conlin, Maloney & Miller 421 W. Riverside Ave., Ste 911 Spokane, WA 99201 (509) 624-3020

### EXHIBITB D Ab D. . . Exhibit C"l Docket No**FAA-2015~3307**

rug atement !VISion SINGLE LEGAL ENFORCEMENT ACTION SECTION B Case Number: 2015WP910090 StatementofCase

Felts Field Aviation, Inc. is a 135 certificate holder (GFVA247E). Operations Specification A449 certifies thatthe operator will comply with the requirements of 14 CFR part 120 and 49 CFR part 40 for its Drug and Alcohol Testing Program. (lOP 1). On April?, 2015, an inspection of Felts Field Aviation, Inc.'s Antidrug and Alcohol Misuse Prevention Program was conducted. As a result ofthe inspection Letter of Investigation (file number 2015WP910090) was issued on April16, 2015 (lOP 2), and Response dated April27, 2015 was received (lOP 3). According to 14CFR 120.105: 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 subjectto drug testing under atesting program implemented in accordance with this subpart. This includes full-time, part-time, temporary, and intermittentemployees regardless ofthe degree ofsupervision. The safety-sensitive functions are: (a) Flight crewmember duties. According to 14 CFR 120.215(a): 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 subjectto alcohol testing under atesting program implemented in accordance with this subpart. This includes full-time. part-time, temporary, and intermittent employees regardless ofthe degree ofsupervision. The safety-sensitivefunctions are: (a) Flight crewmember duties. Violation Description: On July 2, 2007, Richard Webber completed the Ground Training Program for aircrafts, Cessna T-210 and Cessna C182RG. (lOP 4) Mr. Webber submitted to a Department of Transportation (DOT) pre-employmenttest and was verified negative on May 28, 2008. (lOP 5) A review of Felts Field Aviation, Inc.'s Duty and FlightTime Records from April 9, 2013 to March 20, 2015 shows Mr. Webber performed a safety-sensitive function as a Pilot. (lOP 6) Mr. Webberwas neveradded to the random drug and alcohol testing pool until April 6, 2015. (lOP 7 & 8) As a result, Mr. Webber missed random selections since May 2008 but more recently on quarterly selections conducted on April 5, 2013 (lOP 9 & 17), July 5, 2013 (lOP 10 & 17), October 4, 2013 (lOP 11 & 17), January 3, 2014 (lOP 12 & 17), April4, 2014 (lOP 13 & 17), July 4, 2014 (lOP 14& 17), October 3, 2014 (lOP 15 & 17). and January 2, 2015 (lOP 16 & 17). Mr. Webber was not in the random testing pool forthese selections, so he had no chance of being selected. (lOP 

### 7) FOR OFFICIAL USE ONLY Public availability to be determined under 5 USC 552 

### 1 2 MOTION TO DISMISS, SUPPLEMENTAL BRIEF Inthe Matter ofFelts Field Aviation, Inc. DocketNo. FAA-2015-3307 CaseNo. 2015WP910090 ExhibitB: Page 2 of6 Conlin, Maloney & Miller 421 W. Riverside Ave., Ste 911 Spokane, WA 9920I (509) 624-3020

### EXHIBITB D Ab t D... Exh•b•t C·1

rug atemen !VISIOn Docket No FAA-2015-3307 SINGLE LEGAL ENFORCEMENT ACTION Supporting Evidence: • Richard Webber's ground training record dated July 2, 2007 for aircrafts, Cessna T-210 Nand Cessna C182RG. (lOP 4) • First Advantage pre-employment verified negative test result dated May 28, 2008, specimen ID

### # 0446011565 (lOP 5) • Felts Field Aviation, Inc.'s Duty and Flight Time Records for Richard Webber from Apri19, 2013 through March 20, 2015. (lOP 6) • Felts Field Aviation, Inc.'s active employee list from FirstAdvantage dated May 14, 2015. (lOP 7) • Letterfrom DERILarry Schmedding dated April 7, 2015. (lOP 8) • First Advantage enrollment history summary report for Felts Field Aviation, Inc. for the second quarter of2013, dated April 5, 2013

.. (lOP 9) • First Advantage enrollment history summary report for Felts Field Aviation, Inc. for the third quarter of2013, dated July 5, 2013. (lOP 10) • First Advantage enrollment history summary report for Fells Field Aviation, Inc. forthefourth quarter of2013. dated October 4, 2013. (lOP 11) • First Advantage enrollment history summary report for Felts Field Aviation, Inc. forthefirst quarter of 2014, dated January 3, 2014. (lOP 12) • First Advantage enrollment history summary report for Fells Field Aviation, Inc. for the second quarterof2014, dated April 4, 2014. (lOP 13) • First Advantage enrollment history summary report for Felts Field Aviation, Inc. forthe third quarterof2014, dated July 4, 2014. (lOP 14) • FirstAdvantage enrollment history summary report for Felts Field Aviation, Inc. for the fourth quarter of2014, dated October 3, 2014. (lOP 15) • First Advantage enrollment history summary report for Felts Field Aviation, Inc. for the first quarter of2015, dated January 2, 2015. (lOP 16) • Random Selection dates for Felts Field Aviation from January 2013- April 2015 from First Advantage (lOP 17) Factors Affecting Sanction

FOR OFFICIAL USE ONLY Public availabilityto be determined under 5 USC 552 

### 2 3 

### MOTION TO DISMISS, SUPPLEMENTAL BRIEF In

### the Matter ofFelts FieldAviation, Inc. DocketNo. FAA-2015-3307 CaseNo. 2015WP910090 Exhibit B: Page 3 of6 Conlin, Maloney & 

### Miller 42I W. Riverside Ave., Ste 911 Spokane, WA 99201 (509) 624-3020

### EXHIBITB Drug Abatement DivisioWh,blt C1 SINGLE LEGAL ENFORCEMENT ACTION

Certificate Holder's Level ofExperience and Responsibility Docket No FAA-2015-3307

Felts Field Aviation, Inc. is a 135 certificated air carrier based in Spokane, WA underthe parent company of Empire Lumber. They are also associated with Idaho Chip & Fiber and Park Ranch Land 

### & Cattle Company. This was the company's fourth inspection, the last being on April 9, 2013. They have two aircraft. N2AK and N616EL, on their 

### 0085. Felts Field Aviation, Inc. also has a Part 145 certificate and has two ForestService 

## J contracts with the State ofWashington. Attitude ofthe Violator

FOR OFFICIAL USE ONLY Public availability to be determined under 5 USC 552 

### 3 4 

### MOTION TO DISMISS, SUPPLEMENTAL BRIEF Inthe Matter ofFelts FieldAviation, Inc. DocketNo. FAA-2015-3307 CaseNo. 2015WP910090 Exhibit B: Page 4

### of6 Conlin, Maloney & 

### Miller 421 W. Riverside Ave., Ste 911 Spokane, WA 99201 (509) 624-3020

### EXHIBITB

• . Exhibit C-1 Docket No_ FAA-2015-3307 Drug Abatement Dovosion SINGLE LEGAL ENFORCEMENT ACTION



### Violation History Felts Field Aviation, Inc. does not have a history ofviolations involving its Drug and Alcohol Testing Program.
I • • 1 • • l

Other 

### Information

FOR OFFICIAL USE ONLY Public availability to be determined under 5 USC 552 

### 4 5 

### MOTIONTO DISMISS, SUPPLEMENTAL BRIEF In

### tbe MatterofFelts Field Aviation, Inc. DocketNo. FAA-2015-3307 CaseNo. 2015WP910090 ExhibitB: Page 5 of6 Conlin, Maloney & 

### Miller 421 W. Riverside Ave., Ste 911 Spokane, WA 99201 (509) 624-3020

### EXHIBITB Exl1lbit C·1 Docket No. FAA-2015-330l Drug Abatement Division SINGLE LEGAL ENFORCEMENT ACTION

Reasons Justifying Recommendations for EnforcementAction and (Type of) Sanction

FOR OFFICIAL USE ONLY Public availabilityto be determined under5 USC 552 

### 5 MOTION TO DISMISS, SUPPLEMENTAL BRIEF In the Matter ofFelts FieldAviation, Inc. DocketNo. FAA-2015-3307 CaseNo. 2015WP910090 ExhibitB: Page 6 of6 Conlin, Maloney & Miller 421 W. Riverside Ave., Ste 911 Spokane, W A 9920I (509) 624-3020