08/28/2012 14:41 FAX 2024835142 FAA 

# 0 U.S. Department ofTransportation 

# RECEIVED Federal Aviation Administration June 12, 2012 Hearing Docket 

## JUN 1 3

## 2012 

## HEARING DOCKET Federal Aviation Administration Atten: Hewing Docket Clerk Bearing Docket Room 2014, AGC-400 600 Independence A

### venue, S.W. Washington, D.C. 20591 Re: ExecutiveIlelicoptcrs,lnc. FAA Case No. 2009 S0950054 DearMadam: + OMS @001/008

800 Independence Ave, S.W. Washington. D.C. 20591

Pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), the Federal Aviation Administration hereby files the complaint in the above referenced matter.

n illingham .Enforcement Division Office ofthe ChiefCounsel (202) 267-7728

cc: Mr. Jeremy Bass, President Executive Helicopters, Inc. 3231 Victory Street Hanger 328 West Myrtle Beach, S.C. 2957708/28/2012 14:42 FAX 2024835142 FAA -+ OMS 141002/008
U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION 

# RECEIVED ) In the MatterofExecutive Helicopters, Inc. ) JUDGE NOT ASSIGNED
COMPLAINT 

## JUN f 

### 3

## 2012 

# HEARING DOCKET
FAA Case No. 2009S0950054 The Federal Aviation Administration ("Complainant'') by counsel, hereby tiles its Complaint, pW"suant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. On December29, 2009,**R~spondent** was advised through aNotice ofProposed Civil Penalty that the fAAproposed to assess acivil penalty in the amount of$38,500. On June 4, 2012, Respondent submitted 

### a written request for a**~earing.** 

### H. 1. Executive Helicopters is now, and at al1 times mentionedherein was, a sightseeing operation 

### and holderofLetter ofAuthorization 

### No. 417JS013, issued 

### under 14 C.F.R. 

### §91.147. 2. At all times 

### mentioned herein, pursuant to 14 C.F.R. § 91.147(d), EJcccutive Helicopters' operations specificationsrequired Executive Helicopters to comply with the requirements of 14 C.P.R. Part 121, Appendix I

### and J, for its anti-drug and alcohol misuse prevention programs.06/28/2012 14:42 FAX 2024835142 FAA + OMS**~** 003/006
3. At all times mentioned herein, pursuant to 14 C.F.R. Part 121, Appendix I, Section V.A.1., Executive Helicopters was required to have an individual undergo Department of Transportation ("DOT")·required pre-employment drug testing and receive a veritic.d negative drug test result for that individual priorto hiringthatindividual for a safety-sensitive function as an employee. 4. At all times mentioned herein, pursuant to 14 C.F.R. Part 121, Appendix I, Section II., an employee is a person who performs, eitherdirectly orby contract, a safety-sensitive function for an employer. 5. At all times mentioned herein, pursuant to 14 C.P.R. Part 121, Appendix I, Section HI, anemployee who performed flight crewmcmbcr duties wasperforming a safety-sen:sitivc function. 6. On or about February 

### 5, 2008, Jason Lewis perfonne<.l safety-sensitive functions for Executive Helicopters when he performed flight crewmcmber duties on civil aircraft N14410, registered to Executive Helicopters. 7. Executive Helicopters failed to conduct a pre-employment drugtest on Mr. Lewis a.nd had not received a vcritied negative drug test result for Mr. Lewis priorto his hire and perfonnance.08/28/2012 14:42 FAX 2024835142 FAA .;. OMS
8. On or aboutMay 3, 2008, Joseph Ismayperformed safety sensitive functions for Executive Helicopters when he performed flight cre'-'Tnember duties on civil aircraft N144JG, registered to Executive Helicopters.· Ill 004/008

9. Executive Helicopters failed to conducta pre·employmcnt drug test on Mr. Lewis and had notreceived a verified negative drug test resultfor Mr. Lewis priorto his hire and performance. 10. On or about September 6, 2008, Executive Helicopters hired Jason Brown to perform**safety~sensitive** functi(·ms (crewmember duties). 11. Executive Helicopters failed to conduct a pre-employment drugtest on Mr. Brown and had not received averifiednegative drug test result for Mr. Brown priorto his hire. 12. i\.tall times mentioned herein, pursuant to 14 C.F.R. Part 121, Appendix I, Section V.I3.2., Executive Helicopters is required to 

### include all satcty·sensitive employees 

### in a

### random drug testing pool. 13. At all times mentioned herein, under 14 C.F.R. Part 121, Appendix: J, Section ITT.C.6, Executive Helicopters is required to include all safcty·sensitive employees in arandom alcohol testingpool.08/29/2012 14:42 FAX 2024935142 FAA + OMS
14. Atall 

### times mentioned herein, pursuant to 14 C.P.R. Part 121, Appendix I, Section 11.• and Appendix J., Section I., an employee is considered to be performing a safety·sensitive function during anyperiod in which he or she is actuaUy performing, ready to perform, or immediately available to perform such function. 14. Executive Helicopters did not include Mr. Lewis in its random drug and alcohol testing pool1rom February 5, 2008, until May 27, 2008. 15. Executive Helicopters did not include Mr. Ismay in itsrandom drug and alcohol testing pool from May 3, 2008, until May 27, 2008. 

### III.**~** 005/008

1. By reason ofthe foregoing Executive Helicopterviolatedl4 C.F.R. Part 121, Appendix I, Section V.A., in that Executive Helicopters failed to conduct pre-employment drug testing and receive a verified negative drug testresult for three individuals (Mr. Lewis, Mr. Ismay, Mr. Brown), prior to hiringthose individuals for safcty·sensitive functions listed 

### in Section III of 14 C.F.R. Part 121, Appendix 1. 2. Ry reason ofthe foregoing Executive Helicopterviolated 14 C.F.R.. Part 121, Appendix I, Section V.B.6., and Appendix J, Section III.C.6., inthat Executive Helicopters failed to include two ofits safety·sensitive employees (Mr. Lewjs, Mr. Ismay) in a random drug and alcohol testing pool.06/29/2012 14:42 FAX 2024935142 FAA + OMS**~** 006/006


### 3. Underthe facts 

### and circumstances ofthis case, a civil penalty of$ 38,500 is appropriate. 

### WHEREFORE, the Agency, 

### by counsel respectfully requests that the Administrative Law Judge enter an order that Respondentbe assessed acivil penalty in the amount of$38,500.



# -- Bingham tomcy, 'nforcementDivision Office ofChiefCounsel (202) 267-7728**PLI~ASE** NOTE: 

### Pursuantto Title 14CFR§ 13.209(a), you arc required to file awritten answerto this Complaint, or a written Motion to Dismiss ifappropriate, not later than thirty (30) 

### days after the date shown on the Certificate ofService which follows.