U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEI\/Fn ~· ''"q,;l' 

In the Matter of: 

FELTS FIELD AVIATION 

Respondent 

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) 

) 

) 

) 

_________________________ ) 

FEB 0 2 2017 

HEARING 

Docket No: F AA-2015-3307 

Case No: 2015WP910090 

Judge J.E. Sullivan 

COMPLAINANT'S OPPOSITION TO RESPONDENT'S MOTION TO DISMISS 

Complainant, by and through counsel, files this opposition to the Motion to Dismiss filed 

by Respondent on January 17, 2017. In its Motion to Dismiss Respondent argues that 

Complainant withheld the calculation of the proposed civil penalty in violation of Judge 

Sullivan's verbal Order. 

ARGUMENT 

Respondent's Motion to Dismiss should be denied because Complainant's Calculation of 

the Proposed Civil Penalty was served on Respondent on January 17, 2017. Since its substitution 

of counsel on July 6, 2016, Complainant has met all deadlines set by Judge Sullivan. By verbal 

Order dated December 15, 2016, Judge Sullivan, ordered Complainant to provide Respondent a 

detailed calculation of its proposed civil penalty by January 17, 2017. Pursuant to Judge 

Sullivan's Order, Complainant provided a detailed calculation of its proposed civil penalty to 

Respondent's counsel by facsimile and U.S. First Class Mail on January 17, 2017. 1 Additionally, 

the Complainant emailed a courtesy copy of the Calculation of the Proposed Civil Penalty to 

Respondent's counsel on January 18, 2017? In its Motion to Dismiss Respondent asserts that 

Complainant withheld how it calculated the proposed civil penalty in violation of Judge 

Sullivan's verbal Order. However, Respondent''s ~ssertions are erroneous. Respondent has 

I See Complainant's Calculation of the Proposed Civil Penalty with Certificate of Service and Transmission Log 

(Attachment I). 
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received multiple copies of the Complainant's Calculation of the Proposed Civil Penalty in a 

timely manner. 

CONCLUSION 

For the foregoing reasons, Complainant respectfully requests the Judge deny Respondent's 

Motion to Dismiss. 

Respectfully submitted, 

Naomi Tsuda 

Assistant Chief Counsel for Enforcement 

Fatimah Stokley 

Enforcement Division, Western Team 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Email: fatimah.stokley@faa.gov 

Telephone: (310) 725-7112 

Facsimile: (310) 725-6816 

Date: January 24, 2017 

2 See Email dated Jan. 18, 2017 (Attaclnnent 2). 

2 
Docket No. FAA-2015-3307 

Case No. 2015WP910090 

CERTIFICATE OF SERVICE 

I hereby certifY that on this date I have sent by Facsimile and U.S. First Class Mail, the 

COMPLAINANT'S OPPOSITION TO RESPONDENT'S MOTION TO DISMISS, addressed as 

follows: 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave, S.E. 

East Bldg., Room Ell-310 

Washington, D.C. 20590 

Fax: 202-366-7536 

Federal Aviation Administration 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl 000 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Fax: 202-267-1293 

Mark J. Conlin 

421 W. Riverside Ave., Suite 911 

Spokane, WA 99201 

Fax: 509-623-1650 

Also by Email· mconlin@aviation-law.com 

W~L. Antonia Garcia, Mgmt. and Program Analyst 

Enforcement Division 

National Enforcement Program 

Western Team 

Federal Aviation Administration 

Lawndale, California 

Dated: January 24,2017 

3 
In the Matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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) 

) 

) 

) 

Docket No: FAA-2015-3307 

FELTS FIELD AVIATION 

Case No: 2015WP910090 

Respondent 

----~-------------------) Judge J.E. Sullivan 

COMPLAINANT'S CALCULATION OF THE PROPOSED CIVIL PENALTY 

Complainant, by and through counsel, provides the following calculation of the proposed 

civil penalty pursuant to Judge Sullivan's Order on December 15,2016. 

During the Federal Aviation Administration's (FAA) investigation of Case No. 

2015WP91 0090, the FAA discovered that Felts Field Aviation (Felts Field) failed 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. Specifically, Felts Field hired Richard Webber-a pilot- in 2008, but failed to add 

Mr. Webber to its random drug and alcohol testing pool until April6, 2015. Mr. Webber was not 

included in the random selection pool during selections made in July 2013, October 2013, 

January 2014, April 2014, July 2014, October 2014, and January 2015. Prior to adding Richard 

Webber to its random drug and alcohol testing pool, Felts Field allowed Mr. Webber to perform 

over 60 part 135 flights. 

According to FAA Order 2150.38, Appendix B, fig. B-5-b(l), a moderate to maximum 

civil penalty is recommended for failing to include a safety-sensitive employee in FAA 

mandated drug and alcohol testing programs. A pilot is a safety-sensitive employee. Under the 

FAA's classifications of operators, Felts Field is considered a Group IV operator; and the 

sanction range for a moderate civil penalty is $2,200 to $4.399 and a maximum civil penalty is 

$4,400 to $11,000. FAA Order 2150.3B, Appendix B, p. B-3- B-4. In tllis case, Felts Field 

1 of 4 Attachment 1 
failed to include Richard Webber in its drug and alcohol program for years and allowed Mr. 

Webber to operate over 60 part 135 flights on its behalf. Failing to subject a t1ight crew member 

to random drug and alcohol testing for years could lead to the performance of safety-sensitive 

work in an impaired state. Felts Field's failure to include Richard Webber in its random drug 

and alcohol testing program for such an extended period of time and allowing Mr. Webber to 

operate part 135 flights on its behalf were careless acts that posed a substantial threat to air 

safety. As a result, such acts are considered aggravating factors. See !d. at Ch. 7, para. 4. 

Consequently, the FAA assessed a maximum civil penalty of $11,000 for this case. Under the 

facts and circumstances of this case, a maximum civil penalty is consistent with the FAA's 

guidance in FAA Order 2150.3B. 

Respectfully submitted, 

Naomi Tsuda 

Assistant Chief Counsel for Enforcement 

Fatimah 

-~~ Stokley 

Enforcement Division, Western Team 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Email: fatimah.stokley@faa.gov 

Telephone: (310) 725-7112 

Facsimile: (310) 725-6816 

2 

2 of4 Attachment I 
Docket No. FAA-2015-3307 

Case No. 2015WP910090 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by U.S. First Class Mail and facsimile, the 

COMPLAINANT'S CALCULATION OF THE PROPOSED CIVIL PENALTY, addressed as 

follows: 

.T udge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave, S.E. 

East Bldg., Room Ell-310 

Washington, D.C. 20590 

Fax: 202-366-7536 

Federal Aviation Administration 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl 000 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Fax: 202-267-1293 

Mark J. Conlin 

421 W. Riverside Ave., Suite 911 

Spokane, W A 99201 

Fax: 509-623-1650 

l 11/~La/(_ ___ / 

Debbie Reed 

Management Program Analyst 

Federal Aviation Administration 

Office of the Chief Counsel 

Lawndale, California 

Dated: January 17, 2017 

3 

3 of4 Attachment I 
ransmission Log 

AWP7 Legal Office Tuesday, 2017-01-17 14:47 3107256816 

Date Time Type Job # Length Speed Fax Name/Number Pgs Status 

2017-01-17 14:46 SCAN 00047 0:39 28800 915096231650 4 OK -- V.34 AB31 

ro: ;2() -··--·. ;..,,_, '•7-179> -W..-7$-XZ.. 

Federal Aviation 

Administration 

Office of the Regional counsel, AWP-7 

PO Box92007 

Phone: ,nf_,.t. 9.}1--1,).1' ... ~,,s-a Los Angeles, CA 90009~2007 

J~. ' 

From; )'!,;~, ..;. J/,kJ~ ~"··- Title: F:_t!J..-.."1' A-/lr:Jy""t 

Date: 1-17-1"7 

Pages w/cover: 

0 Per your Request 

0 For Coordination 

NOTES/COMMENTS: 

·-·-· 

TelephOne: (310) 725-7100 

Facsimile· (310) 725--6816 

Email: 

Facsimile 

Description of item betng transmitted: 

S.~ 3e/;w 

0 For Review D Please Comment 

9( Hard Copy to Follow via US MAIL 

The information contained in this facsimile message is Intended for the use of the designated addressee only 

The information transmitted may be subject to the attorney-clie"t privilege or may be protected under the Privacy 

Act_ If you are not the designated addressee and you rece1ve this document through inadvertent error, any further 

review, dissemination, distribution or copying of this communlcaUDt1 is strictly prohibited. IF YOU RECEIVE THIS 

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4 of4 Attachment I 
Stokley, Fatimah (FAA) 

From: 

Sent: 

To: 

Subject: 

Attachments: 

Mark and Ben, 

Stokley, Fatimah (FAA) 

Wednesday, January 18, 2017 10:24 AM 

mconlin@aviation-law.com; 'Ben Wyborney' 

Felts Field Aviation, Case No. 2015WP910090 

Complainant's Calculation of Civil Penalty.pdf 

Attached is a courtesy copy of the Complainant's Calculation of the Civil Penalty. This document was faxed and mailed 

to you yesterday. Please let me know if you guys are available next week to discuss this case. 

Thank you, 

Fatimah Stokley 

Office of the Chief Counsel 

Enforcement Division 

Western Enforcement Team 

Federal Aviation Administration 

Phone: (310) 725-7112 

Fax: (310) 725-6816 

IMPORTANT: This message, and any attachments thereto, is intended solely for specific recipients. If you are not an 

intended recipient of this communication, you are not authorized to read, print, retain, copy or disseminate this 

message or any part of it. This message may be confidential, an attorney-client communication, part of the agency's 

deliberative process, or attorney-work product and must not be forwarded or otherwise shared without express 

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paper copies and delete all electronic files of this e-mail. 

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