12/29/2010 12:53 FAX 2024835142 F/^A * DMS 0001/00 5 

Prforc the U.S. Department of TrHnsportation i-:i*>MSPQPTATJOM 

Federal Aviation Admiatstration ' -

Ir ihe mauer of 

M ^: R HELIC:OPTERS 

' '• f " 

Docket No. TRA 

FAA Case No. 2009SO9.50434 

-i urtftHiiUNo 

" "-^ ^ 12: 5b 

AlVf ENDED COMPLAINT 

Pursuant to Rule 208 of llic Rules of Practjcr, in FAA Civil Penalty Actions, 

14 C.F.R. § 13,208, the Complainant, Federal Aviation Adi.TiinisiTMtion(FAA), hereby 

files t>ii:5 Amended Complaitil in the above-captioned matter. 

I. 

Rt-spondcnt M & K Helicopters, LLC (M & R Helicopters), WM advised thrmigh 

a Final Notice of Proposed Civil Penalty on October 21, 2010, thai the FAA proposed to 

assess a civjl pcndlty in the eunount of $5,400 for violations of Federal Aviatior 

Rcgiiliiiions, By letter dated October 27,2010, Respondent requeued a hearing in the 

abnve-captioned matter. 

II, 

1. M & R Helicopters, LLC (M & R Helicopters) i.s now, and at all times 

mentioned in this document was, the holder of Air Carrier Certificate No. MRJ5A020K, 

issued under 14 C.F.P_ part 119 and authorized to conduct operations under 14 CF.R. 

part 135 of the Federal Avi-ihon Regulations. 

2. At all times mentioned in this rincument, M & R Helicopters' operations 

specifications required it to comply with 14 CF.R. part 121, Appendices I and J and 

1 
r** * DMS 0002/00 5 

12/29/2010 12;53 FAX 2024935142 FAA 

49 C.F.R. Part 40 for its antidrug and alrohoi misuse prevention program. 

3. At all times mentioned in this document, 14 C.F.R, g§ 135.251(a) and 

135.255(a) re(]Qired tliat M & R Helicopters test each employee who performs a safetysensitive fiinction li.'sli^H in 14 C.F.R. part 121, Appendix i and J in accordance with ihosse 

appondices. 

4, Under 14 C.F.R. part 121, Appendix I, § ill, an employee who pcrfonr).s 

fiivrrafl raainienance or preventive maintenance dntirs, directly or by contract for M & R 

Hclicoptrrs, is performing a eafety-sen.'Jitive function and must be subject to drug testing 

under an antidrug program implemented in accordance with that appmHix. 

5, Under 14 C.F.R. part 121, Appendix J, §I1.A, an employee who performs 

aircraft maintenance or preventive maintt;nance duties, directly or by contract for M & R 

Helicopters, is performing a aafcly-aensitivc ftin»'f.ion and must be subject to alcohol 

testing uTwlrr an alcohol misuse prevention program (AMPP) implemented in accordance 

with that appendix. 

6. At all times mcniioned in this document, 14 CF.R. part 121. Appendix L 

§ V.B, required each safety-sen-^itive rmployee to be subjected to DOT-required random 

drug testing in accordance with that Appendix. 

7, At all timet; mentioned in ihig document. 14 C.F.R. pan 121, Appendix J, 

<!lIT.C.. required rach safeiy-scnsidve employee lo be subjected to DOT-iequired random 

alcohol misuse tcatini; in Rccordancc with that Appcndijc, 

8. On or about July 24. 2008, Mr. Edward Bakor ITl performed a .safetysensitive flinction for M & R Helicopters. 
12/28/2010 12:53 FAX 2024935142 FAA + DMS @1003/005 

9. Mr. Baker was not included in M & R Helicopter's random pool for DOTrcquircd drug and alcohol testing at the citne of the performance reference in paragraph 8. 

10. Mr. riakcr did npf hfivc suid was not included in an FAA-mandated 

antidrug program and AMPP at the time he performed safety-sensitive functions for M &, 

R Helicopters, as set forth in paragraph 8. 

11. By reason of the foregoing, M & R Helicopters violated the following 

F A A regulations: 

(a) 14 C.K,R. § 13.5.251(a), in that it failed to test each employee who 

performed a safety-scirsitivc function lT,sfcd in 14 C.F.R. pan 121, Appendix I in 

accordance with Section V.A.I and Section V.B.5 of that appendix. 

(b) 14 C.F.R. ^ 135.255(b), in that it failed to test each employee who 

pcT-formed a safeiy-sensitivc function listed in 14 C.K.R, part 121. Appendix J in 

accordance with the provisions of Section I1I.C.5 of that appendix, 

lU. 

1. Pursuant to 49 U.S.C, ^ 46301(a)(5)(A), Rc^ndrn t is subject to a civil 

penalty for each of the violations alleged. The maximum civil pcnaJty per violation is 

$11,000. 

Under the, fart^ and circumstances of litis caise, a civil penalty of $4,400 ia 0 

appropriate. 
12/29/2010 12:53 FAX 2024935142 FAA * DMS 2)004/005 

WHEREFORE, Complainant respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amoimt of $4,400. 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

y^J\. ^ 

Laura Pnnto 

Attorney 

Enforcement Division. AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Phone: (202)267-9863 

Facsimile: (202)267-5106 

Date: December 10, 2010 
 DMS 01005/005 

12/29/2010 12:53 FAX 2024935142 FAA 

Certificate nf Service 

I hereby cenify that on this date I have placed in the U.S. mail, postage prepaid, 

certified rcturn-tBceipt, a copy of the Amended Complaint in thr case of In ihe Mailer of 

M&RHelicopters. T'Kh Case no. 2009.$O950434, addressed Lo: 

Dr. Michael B. Sclig 

President 

M & R Helicopters. LLC 

2045 Westgate Dr.. Suite 205 

Beihlehcm, PA180J7 

In nHditioD, I hereby certify that on this date I have sent by the IJ.S, mail, postage 

prepaid, certified return-receipt, the original and one copy of the foregoing document to: 

Federal Aviation Administration 

600 Independence. Avenue, S-W, 

Wilbur Wright Building - Suite 2W1000 

Washington, D.C. 20591 

ATOv Hearing Docket Clerk. AGC-430 

tfb«^>^ 

Dated: December 10,3010