U.S. Department ofTransportation 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 2Wl000 P.O. Box 92007 Los Angeles, CA 90009-2007 (310) 725-7110 (310) 725-6816 facsimile



# RECEIVED APR 1 72013 

## HEARING DOCKET

Re: In the Matter ofBelt Makers, Inc.; Case No. 2011WP910400 Enclosed is a copy ofa request for hearing dated April!, 2013, and the original and one copy of the Complaint inthe above-referenced proceeding. I request that the hearing inthis matterbe held in Gardena, California, and expect thatthe hearing 

### will last one (1) day. Please address all communications for the Regional Counsel ofthe Western-Pacific Region, to the undersigned, at: Office ofthe Regional Counsel, AWP-7, Federal Aviation Administration, Western-Pacific Region, P. 0. Box 92007, Los Angeles, CA 90009-2007, Telephone: (310) 725-7110, FAX: (310) 725-6816. Sincerely, Naomi Tsuda Regional Counsel By: Lisa J. Toscano Attorney Enclosures: Request for Hearing; Complaint; Certificate ofService NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BEFILED NOT LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BEFILED 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-300U.S. Department ofTransportation 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. 2011WP910400 CERTIFIED MAIL- RETURN RECEIPT REQUESTED AND REGULARMAIL TO: BeltMakers, 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, BeltMakers, Inc. (Belt Makers) was advised through aNotice of Proposed Civil Penalty that the Federal Aviation Administration (FAA) proposed to assess a civil penalty inthe amount of$25,000.00. A report ofinvestigation, including the informationpresented at the informal conference held on January 15, 2013, indicates that: I. Belt Makers is now, and at all times mentionedherein was, the holder ofair agency certificate number YL3R002M with repair stationprivileges, issuedby the Federal AviationAdministration (FAA) under Part 145 ofthe Federal Aviation Regulations. 2. At all times mentioned herein, BeltMakers, as the holder ofan 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 mentionedherein, BeltMakers' part 145 Operations Specifications statedthat, among other things, the company elected to implement anAntidrug 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, BeltMalcers 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'sDrug Abatement Division conducted an inspection ofBeltMakers' Antidrug Alcohol Misuse Prevention Program, which revealed the following. 6. On or about May 16,2011, BeltMakers hired Maria Sanchezto perform safety-sensitive functions. 7. BeltMakers, 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 onthe facts and circumstances set forth in ParagraphNos. 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 ofbeing 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 SamanthaVillalobos to perform safety-sensitive functions. 12. Belt Makers, through TAG/AMS (its Employee Drug Testing Consortium), did not emoll SamanthaVillalobos into its random testing pool until September 20, 2011. 13. OnJuly 20,2011,BeltMakers conducted a draw from the random testing pool. 14. Based onthe facts and circumstances setforth in Paragraph Nos. 11-13, above, because SamanthaVillalobos was not in the random testing pool when the draw was conducted on July 20, 2011, she hadno chance ofbeing selected for random testing from that draw. 15. SamanthaVillalobos performed safety-sensitive functions for BeltMakers betweenthe 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 Mendozato perform safety-sensitive functions. 2

### 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. OnApril 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 ParagraphNos. 16-18, above, because Ernesto Mendozawas not inthe random testing pool when the draws were conducted on April 13, 2011, and July 21, 2011, he hadno chance ofbeing selected for random testing from either ofthose draws. 20. Emesto Mendozaperformed safety-sensitive functions for Belt Makers betweenthe time he was hired onFebruary 2, 2011, and when he was placed inthe random testing pool on September 20, 2011. 21. Based onthe facts and circumstances set forth in ParagraphNos. 6-20, above, Belt Makers employed at least three persons in safety-sensitive functions whenthose persons were not inrandom pool for drug and alcohol testing betweenthe dates they were hired (May 16, 2011, for Maria Sanchez), (May 23,2011, for SamanthaVillalobos), and (February 2, 2011, for Emesto Mendoza) and September 20, 2011, when they were placed inthe 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 ofemployees based onreasonable cause. 23. At all times mentioned herein, 14 C.F.R § 

### 120.115(c)(l)(iii) required Belt Makers' EAP to include documentation oftraining given to employees and employer's supervisory personnel. 24. At all times mentionedherein, 14 C.F.R § 120.ll5(c)(3)required BeltMakers to ensure that, under its EAP, supervisors who will make reasonable cause determinations receive at least 60 minutes ofinitial 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 providedto supervisors for the purpose ofqualifying the supervisors to make a determination concerning the need for alcohol testing based on reasonable susp1c10n. 326. Withrespect to Belt Makers hiring for safety-sensitive functions the following employees: Maria Sanchez on May 16,2011, SamanthaVillalobos on May 23, 2011, and Emesto Mendoza onFebruary 2, 2011 (as stated in Paragraph Nos. 6, 11, and 16, above), BeltMakers failed to have documentation of training on drug use. 27. During the September 16, 2011, inspectionreferenced in ParagraphNo.5, above, BeltMal(ers was unable to provide documentation ofEAP initial training onreasonable cause given to Leonard Byrd, a supervisor. 28. During the September 16, 2011, inspection referenced in ParagraphNo.5, above, BeltMakers was unable to provide documentation oftraining provided to Leonard Byrd, a supervisor, for the purpose ofqualifYing him to make a determination concerning the need for alcohol testing based on reasonable susp1c10n. 29. At all times mentionedherein, 14 C.F.R § 120.219(a)(2)(ii)(F) required Belt Makers to maintain for two years records documenting compliance withthe requirements of§ 120.223(a), which requires the company to provide educational materials that explainthe subpart's alcohol testing requirements and its policies and procedures withrespect to meeting those requirements. 30. During the September 16,2011,inspection referenced in ParagraphNo.5, above, BeltMakers was unable to provide documentation that ithadprovided the educational materials referenced inparagraphNo. 29, above, to Maria Sanchez (hired on May 16, 2011), Samantha Villalobos (hired onMay 23, 2011), or Emesto Mendoza (hired on February 2, 2011). Byreason ofthe foregoing facts and circumstances, Belt Mal(ers violatedthe following Department ofTransportation and Federal Aviation Regulations (Title 14, Code ofFederal Regulations): 

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a. 14 C.F.R § 120.109(b)(6)(i)(B), in that BeltMakers failed to include at least three of its safety sensitive employees inthe random pool for drug testing; b. 14 C.F.R § 120.217(c)(6)(i)(B), in that BeltMakers failed to include at leastthree of its safety sensitive employees inthe 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 leastthree ofits safety-sensitive employees; d. 14 C.F.R § 120.115(c)(l)(iii), inthat BeltMakers failed to have documentation of training on making reasonable cause determinations required by§ 120.115(c)(3), for at least one ofits supervisors;e. 14 C.F.R § 120.219(a)(2)(ii)(G), inthat Belt Makers failed to maintain for two years records documenting training providedto at least one ofits supervisors for the purpose ofqualifying him to make a determination concerning the need for alcohol testing based on reasonable suspicion; 

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f. 14 C.F.R § 120.219(a)(2)(ii)(F), in that BeltMakers failed to maintainfor two years records documenting compliance with§ 120.223(a), which requires the company to provide educational materials that explainthe subpart's alcohol testing requirements and its policies and procedures with respect to meeting those requirements for at least three ofits safety-sensitive employees. Under Title 49 U.S.C., Section 46301, Belt Makers is subjectto a civil penalty notto exceed $11,000.00 for each ofthe violations noted. Byreason ofthe foregoing facts and circumstances, we propose to assess a civil penalty inthe amount of$25,000.00. Unless a request, inwriting, for ahearing in this matter is mailed or personally delivered, on or before 15 days after youreceive this Final Notice, we will issue an Order Assessing Civil Penalty and Belt Makers will have no further rightto a hearing. Ifa writtenrequest for a hearing is notreceived, BeltMakers must pay the proposed civil penalty. Your request for a hearing mustbe sent to: (!)ForU.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 2Wl000; (2) for commercial expedited courier (overnight mail)- Federal AviationAdministration, 600 Independence Avenue, SW., Wilbur WrightBuilding, 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 ofthe Regional Counsel, P.O. Box92007, Los Angeles, CA 90009-2007, (310) 725- 7110. Your request mustbe dated and signed, in accordance with Section 13.16 ofthe Federal AviationRegulations, sent to you withthe Notice ofProposed Civil Penalty (14 C.F.R. 13.16). You maypay the proposed penaltyby submitting a certified check ormoney order payable to the "Federal Aviation Administration," to FAAIMMAC, AMZ-310-WP/NM, PO Box 25770 Oklahoma City, OK 73125. In the alternative, you may pay your civil penalty with a credit card overthe Internet. To pay electronically, visit the web site at http://www.pay.gov. Under the "Search Public Forms" option located on the left side ofthe page, type FWP-FINEl and press "Go." Onthe page entitled "SearchPublic Forms," scroll to the bottom ofthe page and enter "Next Page." Click on "FAA Civil Penalty Payments- Western-Pacific Region," follow the prompts to complete therequested information and click "submit" to pay by credit card. Please advise me ofthe date of any payment made overthe internet.

Naomi Tsuda Regional Counsel For the Western-Pacific Region

By: LisaJ. Toscano Attorney

cc: Michael L. Dworkin, Esq. AAM-850, AGC-300 6