08/28/2012 14:41 FAX 2024835142 FAA 

0 

U.S. Department 

of Transportation 

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: Executive Ilelicoptcrs,lnc. 

FAA Case No. 2009 S0950054 

Dear Madam: 

+ OMS @001/008 

800 Independence Ave, S.W. 

Washington. D.C. 20591 

Pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), the Federal Aviation 

Administration hereby files the complaint in the above referenced matter. 

n illingham 

.Enforcement Division 

Office of the Chief Counsel 

(202) 267-7728 

cc: Mr. Jeremy Bass, President 

Executive Helicopters, Inc. 

3231 Victory Street 

Hanger 328 West 

Myrtle Beach, S.C. 29577 
08/28/2012 14:42 FAX 2024835142 FAA -+ OMS 141002/008 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION RECEIVED 

) 

In the Matter of Executive 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 of the Rules ofPractice (14 C.F.R. 13.208), and states as follows: 

I. 

On December 29, 2009, R~spondent was advised through a Notice of Proposed Civil Penalty that 

the fAA proposed to assess a civil penalty in the amount of $3 8,500. On June 4, 2012, 

Respondent submitted a written request for a ~earing. 

H. 

1. Executive Helicopters is now, and at al1 times mentioned herein was, a sightseeing 

operation and holder of Letter of Authorization 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 specifications required 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 prior to hiringthat individual 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, either directly or by 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, 

an employee who performed flight crewmcmbcr duties was performing 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 N 14410, 

registered to Executive Helicopters. 

7. Executive Helicopters failed to conduct a pre-employment drug test on Mr. Lewis a.nd 

had not received a vcritied negative drug test result for Mr. Lewis prior to his hire and 

perfonnance. 
08/28/2012 14:42 FAX 2024835142 FAA .;. OMS 

8. On or about May 3, 2008, Joseph Ismay performed safety sensitive functions for 

Executive Helicopters when he performed flight cre'-'Tnember duties on civil aircraft N 144JG, 

registered to Executive Helicopters.· 

Ill 004/008 

9. Executive Helicopters failed to conduct a pre·employmcnt drug test on Mr. Lewis and 

had not received a verified negative drug test result for Mr. Lewis prior to 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 drug test on Mr. Brown 

and had not received a verified negative drug test result for Mr. Brown prior to his hire. 

12. i\.t all 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 

testing pool. 
08/29/2012 14:42 FAX 2024935142 FAA + OMS 

14. At all 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 any period 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 its random drug and alcohol 

testing pool from May 3, 2008, until May 27, 2008. 

III. 

~ 005/008 

1. By reason of the foregoing Executive Helicopter violatedl4 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 test result for three individuals (Mr. Lewis, 

Mr. Ismay, Mr. Brown), prior to hiring those individuals for safcty·sensitive functions 

listed in Section III of 14 C.F.R. Part 121, Appendix 1. 

2. Ry reason of the foregoing Executive Helicopter violated 14 C.F.R.. Part 121, 

Appendix I, Section V .B.6., and Appendix J, Section III.C.6., in that Executive 

Helicopters failed to include two of its 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. Under the facts and circumstances of this case, a civil penalty of$ 3 8,500 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $38,500. 

--

Bingham 

tomcy, 'nforcement Division 

Office of Chief Counsel 

(202) 267-7728 

PLI~ASE NOTE: 

Pursuant to Title 14 CFR§ 13.209(a), you arc required to file a written answer to this Complaint, 

or a written Motion to Dismiss if appropriate, not later than thirty (30) days after the date shown 

on the Certificate of Service which follows.