U.S. Department 

of Transportation 

Federal Aviation 

Administration 

April 3, 2013 

Western-Pacific Region 

Office of Regional Counsel 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -- Suite 2Wl 000 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

(310) 725-7110 

(310) 725-6816 facsimile 

RECEIVED 

APR 1 7 2013 

HEARING DOCKET 

Re: In the Matter of Belt Makers, Inc.; Case No. 2011 WP910400 

Enclosed is a copy of a request for hearing dated April!, 2013, and the original and one copy of 

the Complaint in the above-referenced proceeding. 

I request that the hearing in this matter be held in Gardena, California, and expect that the 

hearing will last one (1) day. 

Please address all communications for the Regional Counsel of the Western-Pacific Region, to 

the undersigned, at: Office of the Regional Counsel, A WP-7, Federal Aviation Administration, 

Western-Pacific Region, P. 0. Box 92007, Los Angeles, CA 90009-2007, Telephone: (310) 

725-7110, FAX: (31 0) 725-6816. 

Sincerely, 

Naomi Tsuda 

Regional Counsel 

By: 

Lisa J. Toscano 

Attorney 

Enclosures: Request for Hearing; Complaint; Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT LATER 

THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN ALTERNATIVE TO 

FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT TO SECTION 13.208(D) 

OR SECTION 13.218(F)(1-4) OF THE RULES OF PRACTICE. 

cc: Michael L. Dworkin, Esq. 

AAM-850, AGC-300 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

March 28, 2013 

Western-Pacific Region 

Office of Regional Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

(310) 725-7110 

(310) 725-6816 facsimile 

Case No. 2011 WP910400 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED AND REGULAR MAIL 

TO: Belt Makers, Inc. 

Timothy P. Dunlop, Owner/Manager 

1815 W. 205th Street, Suite 304 

Torrance, CA 90501 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On November 16, 2012, Belt Makers, Inc. (Belt Makers) was advised through a Notice of 

Proposed Civil Penalty that the Federal Aviation Administration (FAA) proposed to assess a 

civil penalty in the amount of $25,000.00. 

A report of investigation, including the information presented at the informal conference held 

on January 15, 2013, indicates that: 

I. Belt Makers is now, and at all times mentioned herein was, the holder of air 

agency certificate number YL3R002M with repair station privileges, issued by 

the Federal Aviation Administration (FAA) under Part 145 of the Federal 

Aviation Regulations. 

2. At all times mentioned herein, Belt Makers, as the holder of an air agency 

certificate, performed safety-sensitive functions, as defined in 14 C.P.R. part 

120, on aircraft operated under 14 C.P.R. part 121. 

3. At all times mentioned herein, Belt Makers' part 145 Operations 

Specifications stated that, among other things, the company elected to 

implement an Antidrug and Alcohol Misuse Prevention Program because it 

performs safety-sensitive functions for a 14 C.P.R. part 121 and 135 

certificate holder. 

4. At all times mentioned herein, Belt Malcers certified that it would comply with 

the requirements of 14 C.P.R. part 120 and 49 C.P.R. part 40 for its Antidrug 

and Alcohol Misuse Prevention Program. 
5. On or about September 16, 2011, the FAA's Drug Abatement Division 

conducted an inspection of Belt Makers' Antidrug Alcohol Misuse Prevention 

Program, which revealed the following. 

6. On or about May 16,2011, Belt Makers hired Maria Sanchez to perform 

safety-sensitive functions. 

7. Belt Makers, through TAG/AMS (its Employee Drug Testing Consortium), 

did not emoll Maria Sanchez into its random testing pool until September 20, 

2011. 

8. On July 20,2011, Belt Makers conducted a draw from the random testing 

pool. 

9. Based on the facts and circumstances set forth in Paragraph Nos. 6-8 above, 

because Maria Sanchez was not in the random testing pool when the draw was 

conducted on July 20, 2011, she had no chance of being selected for random 

testing from that draw. 

10. Maria Sanchez performed safety-sensitive functions for Belt Makers between 

the time she was hired on May 16, 2011, and when she was placed in the 

random testing pool on September 20, 2011. 

11. On or about May 23, 2011, Belt Makers hired Samantha Villalobos to perform 

safety-sensitive functions. 

12. Belt Makers, through TAG/AMS (its Employee Drug Testing Consortium), 

did not emoll Samantha Villalobos into its random testing pool until 

September 20, 2011. 

13. On July 20,2011, Belt Makers conducted a draw from the random testing 

pool. 

14. Based on the facts and circumstances set forth in Paragraph Nos. 11-13, 

above, because Samantha Villalobos was not in the random testing pool when 

the draw was conducted on July 20, 2011, she had no chance of being selected 

for random testing from that draw. 

15. Samantha Villalobos performed safety-sensitive functions for Belt Makers 

between the time she was hired on May 23,2011, and when she was placed in 

the random testing pool on September 20, 2011. 

16. On or about February 2, 2011, Belt Makers hired Ernesto Mendoza to perform 

safety-sensitive functions. 

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17. Belt Makers, through TAB/AMS (its Employee Drug Testing Consortium), 

did not emoll Ernesto Mendoza into its random testing pool until September 

20, 2011. 

18. On April 13, 2011, and July 21, 2011, Belt Makers conducted draws from the 

random testing pool. 

19. Based on the facts and circumstances set forth in Paragraph Nos. 16-18, 

above, because Ernesto Mendoza was not in the random testing pool when the 

draws were conducted on April 13, 2011, and July 21, 2011, he had no chance 

of being selected for random testing from either of those draws. 

20. Emesto Mendoza performed safety-sensitive functions for Belt Makers 

between the time he was hired on February 2, 2011, and when he was placed 

in the random testing pool on September 20, 2011. 

21. Based on the facts and circumstances set forth in Paragraph Nos. 6-20, above, 

Belt Makers employed at least three persons in safety-sensitive functions 

when those persons were not in random pool for drug and alcohol testing 

between the dates they were hired (May 16, 2011, for Maria Sanchez), (May 

23,2011, for Samantha Villalobos), and (February 2, 2011, for Emesto 

Mendoza) and September 20, 2011, when they were placed in the random 

pool. 

22. At all times mentioned herein, 14 C.F.R. § 120.115(a) required Belt Makers to 

provide an Employee Assistance Program (EAP) for its employees, and each 

EAP must include education and training on drug use for employees and 

training for supervisors making determinations for testing of employees based 

on reasonable cause. 

23. At all times mentioned herein, 14 C.F.R § 120.115(c)(l)(iii) required Belt 

Makers' EAP to include documentation of training given to employees and 

employer's supervisory personnel. 

24. At all times mentioned herein, 14 C.F.R § 120.ll5(c)(3) required Belt Makers 

to ensure that, under its EAP, supervisors who will make reasonable cause 

determinations receive at least 60 minutes of initial training. 

25. At all times mentioned herein, 14 C.F.R § 120.219(a)(2)(ii)(G) required Belt 

Makers to maintain for two years records documenting training provided to 

supervisors for the purpose of qualifying the supervisors to make a 

determination concerning the need for alcohol testing based on reasonable 

susp1c10n. 

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26. With respect to Belt Makers hiring for safety-sensitive functions the following 

employees: Maria Sanchez on May 16,2011, Samantha Villalobos on May 

23, 2011, and Emesto Mendoza on February 2, 2011 (as stated in Paragraph 

Nos. 6, 11, and 16, above), Belt Makers failed to have documentation of 

training on drug use. 

27. During the September 16, 2011, inspection referenced in Paragraph No.5, 

above, Belt Mal(ers was unable to provide documentation ofEAP initial 

training on reasonable cause given to Leonard Byrd, a supervisor. 

28. During the September 16, 2011, inspection referenced in Paragraph No.5, 

above, Belt Makers was unable to provide documentation of training provided 

to Leonard Byrd, a supervisor, for the purpose of qualifYing him to make a 

determination concerning the need for alcohol testing based on reasonable 

susp1c10n. 

29. At all times mentioned herein, 14 C.F.R § 120.219(a)(2)(ii)(F) required Belt 

Makers to maintain for two years records documenting compliance with the 

requirements of§ 120.223(a), which requires the company to provide 

educational materials that explain the subpart's alcohol testing requirements 

and its policies and procedures with respect to meeting those requirements. 

30. During the September 16,2011, inspection referenced in Paragraph No.5, 

above, Belt Makers was unable to provide documentation that it had provided 

the educational materials referenced in paragraph No. 29, above, to Maria 

Sanchez (hired on May 16, 2011), Samantha Villalobos (hired on May 23, 

2011), or Emesto Mendoza (hired on February 2, 2011). 

By reason of the foregoing facts and circumstances, Belt Mal(ers violated the following 

Department of Transportation and Federal Aviation Regulations (Title 14, Code of Federal 

Regulations): 

4 

a. 14 C.F.R § 120.109(b)(6)(i)(B), in that Belt Makers failed to include at least three of 

its safety sensitive employees in the random pool for drug testing; 

b. 14 C.F.R § 120.217(c)(6)(i)(B), in that Belt Makers failed to include at least three of 

its safety sensitive employees in the random pool for alcohol testing; 

c. 14 C.F .R § 120.115( c )(1 )(iii), in that Belt Makers failed to have documentation of 

training on drug use for at least three of its safety-sensitive employees; 

d. 14 C.F.R § 120.115(c)(l)(iii), in that Belt Makers failed to have documentation of 

training on making reasonable cause determinations required by§ 120.115(c)(3), for 

at least one of its supervisors; 
e. 14 C.F.R § 120.219(a)(2)(ii)(G), in that Belt Makers failed to maintain for two years 

records documenting training provided to at least one of its supervisors for the 

purpose of qualifying him to make a determination concerning the need for alcohol 

testing based on reasonable suspicion; 

5 

f. 14 C.F.R § 120.219(a)(2)(ii)(F), in that Belt Makers failed to maintain for two years 

records documenting compliance with§ 120.223(a), which requires the company to 

provide educational materials that explain the subpart's alcohol testing requirements 

and its policies and procedures with respect to meeting those requirements for at least 

three of its safety-sensitive employees. 

Under Title 49 U.S.C., Section 46301, Belt Makers is subject to a civil penalty not to exceed 

$11,000.00 for each of the violations noted. By reason of the foregoing facts and circumstances, 

we propose to assess a civil penalty in the amount of $25,000.00. 

Unless a request, in writing, for a hearing in this matter is mailed or personally delivered, on or 

before 15 days after you receive this Final Notice, we will issue an Order Assessing Civil 

Penalty and Belt Makers will have no further right to a hearing. If a written request for a hearing 

is not received, Belt Makers must pay the proposed civil penalty. 

Your request for a hearing must be sent to: (!)For U.S. mail or certified mail- Federal Aviation 

Administration, 800 Independence Avenue, SW, Washington, DC 20591, Attention: Hearing 

Docket Clerk, AGC-430, Wilbur Wright Building-Room 2Wl 000; (2) for commercial 

expedited courier (overnight mail)- Federal Aviation Administration, 600 Independence 

Avenue, SW., Wilbur Wright Building, Suite 2W1000, Washington, DC 20591, Attention: 

Hearing Docket Clerk, AGC-430; (3) a copy MUST be sent to the undersigned FAA attorney in 

the Office of the Regional Counsel, P.O. Box 92007, Los Angeles, CA 90009-2007, (310) 725-

7110. Your request must be dated and signed, in accordance with Section 13.16 of the Federal 

Aviation Regulations, sent to you with the Notice of Proposed Civil Penalty (14 C.F.R. 13.16). 

You may pay the proposed penalty by submitting a certified check or money order payable to the 

"Federal Aviation Administration," to F AAIMMAC, AMZ-310-WP/NM, PO Box 25770 

Oklahoma City, OK 73125. 

In the alternative, you may pay your civil penalty with a credit card over the Internet. To pay 

electronically, visit the web site at http://www.pay.gov. Under the "Search Public Forms" 

option located on the left side of the page, type FWP-FINEl and press "Go." On the page 

entitled "Search Public Forms," scroll to the bottom of the page and enter "Next Page." Click on 

"FAA Civil Penalty Payments- Western-Pacific Region," follow the prompts to complete the 
requested information and click "submit" to pay by credit card. Please advise me of the date of 

any payment made over the internet. 

Naomi Tsuda 

Regional Counsel 

For the Western-Pacific Region 

By: 

Lisa J. Toscano 

Attorney 

cc: Michael L. Dworkin, Esq. 

AAM-850, AGC-300 

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