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U.S. Department 

Of Transportation 

Federal AvioKon 

Administration 

Office of the Chief Counsel BOO Independence Ave., S.W. 

Washington, D.C. 20591 

HAND DELIVERY 

October 27, 2010 

Federal Aviation Administration 

600 Independence Avenue, SW. 

Wilbur Wright Building - Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Re: In the matter of Jack B. Barber, Docket No. 

FAA Case No. 2010AL910023 

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To Whom Tt May Concern: 

Enclosed are a copy of Jack B. Barber's request lor hearing, received on 

October 15, 2010, and the original and one copy of the complaint in the above-referenced 

matter. The Complainant requests that the hearing be held in Anchorage, Alaska, and 

expects that the hearing will last one (1) day. 

Please address all communications to Amanda K. Bruchs, Attorney, Enforcement 

Division/A GC-300, Office of the Chief Counsel, Federal Aviation Administration, 

SOO Independence Avenue, S.W., Washington, D.C. 20591, (202) 493-5548, 

facsimile (202) 267-5106. 

Sincerely, 

Peter Lynch 

Assistant Chief Counsel 

Amanda K.. Bruchs 

Attomey 

Office of the Chief Counsel 

Cc: Jack B. Barber 

4501 Aircraft Drive 

Anchorage, AK 99502 

By Certified Mail - Return-Receipt Requested 
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ALASKA ADt TAXI 

LLC 4501 Aircraft Drive *• Aochorag«, AK 99502 

(907) 243-3944 *• (800) 789-5232 • FAX (907) 248-2993 

www.AlasJcaAirTaxi.coin * E-mail: infefgalaskaairtaxicoro 

CERTIFIED MAn^—RETURN RECEIPT REOIIESTED 

Octobet 4,2010 

Federal Aviation Administration 

800 Independence Avenue, S.W, 

Washington D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright BIdg-Suite 2W1000 

Aoianda K. Bmchs, Attomey 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

800 Independence Avenue, S.W. 

Washington D.C. 20591 

RE: JadcB. Barber, FAA Case No. 2010AL910023 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

To Whom it may concern: FAA, Amanda K. Biuchs 

Please acc^t this lett^ as my written request for a hearing for the above mentioned matter, whidi is 

being requested within the required 15 days of my receiving the Final Notice. I believe that there are 

many extenuating circumstances that existed throughout tibis case that may have bearing and impact on 

the final decision & outcome of thi^matter that have not been explained or taken into consideration. 

Sincerely, 

Jack B. Barber / Owner 

Alaska Air Taxi 

4501 Aircraft Drive 

Anchorage, Alaska 99502 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

FN THE MATTER OF 

JACK B. BARBER 

FAA DOCKET NO. 

(Civil Penalty Action) 

DMS No. 

COMPLAINT 

In accordance with Rule 208 of the Rules of Practice in FAA Civil Penalty 

Actions, 14 C.f.R. § 13.208, the Complainant, Federal Aviation Admini.stration, hereby 

files its Complaint in the above-captioned matter and slates the following: 

I. 

Respondent Jack B. Barber was advised through a Final Notice of Proposed Civil 

Penalty dated September 23,2010, that the FAA proposed to assess a civil penalty in the 

amount of $26,700. By letter dated October 8, 2010, Mr. Barber requested a hearing. 

II. 

1. At all times mentioned herein. Jack B. Barber was, and is now, the holder of Air 

Carrier Certificate Number JKGC756S, issued under 14 C.F.R. part 119 with 

authorization to conduct operations under 14 C.F.R. part 135. 
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^'^'^ * DMS i004/01 0 

2. On or about April 14, 2010, the FAA conducted an inspection of Mr. Barber's 

antidrug program and alcohol misuse prevention program ("AMPP") for 

compliance with 14 C.F.R. part 121, appendices 1 and J, and 49 C.F.R. part 40.' 

3. At all times mentioned herein, 14 C.f .R. § 135.251(a) required that Mr. Barber 

test each employee who performs a function listed in 14 C.F.R. part 121, 

appendix 1, in accordance wiih that appendix. 

4. At all times mentioned herein, 14 C.F.R. § 135.255(b) prohibited Mr. Barber fi-om 

using a covered employee to perform a salcty-sensitive function unless that 

employee was subject to testing for alcohol misuse in accordance wiih 14 C.F.R. 

part 121, appendix J. 

5. At all times mentioned herein, a person who performs flight crewmember duties, 

either directly or by contract, for Mr. Barber performs a safety-sensitive function 

under 14 C.F.R. part 121, appendix I, § III and meets the definition of covered 

employee under 14 C.F.R. part 121, appendix J, § II. 

COUNT ONE 

6. Under 14 C.F.R. part 121, appendix I, § VI.D, Mr. Barber must notify the ¥A/\. 

within 2 working days of any employee who holds a certificate issued under 

14 C.F.R. part 61 who has refused to submit to a drug test required under that 

appendix. 

7. At all times mentioned herein, "refusal to submit" means that an employee 

engages in conduct including, but not limited to, that described in 49 C.F.R. 

§40.191. 

• 14 C-F.R. part 121, appendices I and J, 14 C.F.R. § 135-251(a), and 14 CF.R. 

§ 135.255(b) have been recodified as 14 C.F.R. part 120 (July 2009). 
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@|005/010 

8. Under 49 C .F .R. § 40.191 (a)(2), an employee has refused to submit to a drug test 

if the employee fails to remain at the testing site until the testing process is 

complete9. Under 49 C.F.R. § 40.191(a)(3), an employee has refused to submit to a drug test 

if the employee fails to provide a urine specimen lor any drug test required under 

49 C.F.R. part 40 or DOT agency regulations. 

10. Under 49 C.F.R. § 40,3, an employee is any person who is designated in a DOT 

agency regulation as subject to drug testing, including applicants for employment 

subject to pre-employment testing. 

11. On or about August 18, 2008, Mr. Barber directed Armand Navarrete to submit to 

a DOT-rcquired pre-employment drug test in connection with his application for 

employment as a flight crewmember. 

12. At all times mentioned herein, Mr. Navarrete was the holder of Airline Transport 

Pilot Certificate No. 3303659, Certified FUght Instructor Certificate No. 3303659, 

and Ground Instructor Certificate No. 3303659 issued under 14 C.F.R. part 61. 

13- Mr. Navarrete left the collection site before the testing process was complete in 

that he left the collection site without providing a urine specimen. 

14. The collector informed Mr. Barber's designated employer representative that 

Mr. Navarrete refused to submit to the pre-employment drug test. 

15. Mr. Barber did not report Mr. Navarrete's refusal to submit to a pre-employment 

drug test to the FAA. 
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COUNT TWO 

16. Under 14 C.F.R. part 121, appendix I, § V.B.5, Mr. Barber is required to conduct 

random drug testing of each person performing a safety-sensitive function by a 

process that ensures that each covered employee has an equal chance of being 

tested each time random selections for drug testing are made. 

17. Under 14 CF.R. part 121, appendix 1, § V.B.6, Mr, Barber is required to include 

all safety-sensitive employees in his random drug testing pool. 

] 8- Under 14 C.F.R. part 121, appendix J, § I1I.C.5, Mr. Barber is required to conduct 

random alcohol testing of covered employees in a manner that ensures that each 

covered employee has an equal chance of being tested each time random 

selections for alcohol testing are made. 

19. Under 14 C.F.R. part 121, appendix J, § IlI.C.6, Mr. Barber is required to include 

all safety-sensitive employees in his random alcohol testing pool. 

20. On or about September 2, 2008, Mr. Barber hired Mr. Navarrete to perform fli:ght 

crewmember duties . 

21. Mr. Navarrete performed flight crewmember duties on flights operated under 

14 C.F.R. part 135 for Mr. Barber after he was hired. 

22- Random selections for drug and alcohol testing under Mr. Barber's antidrug and 

alcohol misuse prevention program were made in October 2008, December 2008, 

January 2009, and April 2009. 

23. Mr. Barber did not add Mr. Navarrete to his random selection pool for drug and 

alcohol testing at any time between September 2, 2009 and June 11,2009, 
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21007/010 

24. Mr. Barber failed to conduct random drug and random alcohol testing of safelysensitive employees in a manner that would ensure that each covered employee 

had an equal chance of being tested each time random selections were made. 

COUNT THREE 

25. Under 14 C.F.R. part 121, appendix I, § V.F.I, Mr. Barber is required to 

implement a reasonable program of unannounced follow-up drug testing for each 

individual who has been hired to perform or who has been returned to the 

performance of a safety-sensitive function after refusing to submit to a drug test 

required under 14 C.F.R. part 121, appendix I. 

26. Under 14 C.F.R. part 121, appendix 1, § V.F.2, the number and frequency of the 

follow-up testing described in paragraph 24, above, shall be determined by Mr. 

Barber's substance abuse prolessional ("SAP") and conducted in accordance with 

49 CF.R. part 40. 

27. On or about August 18, 2008, Mr. Barber received notification that Mr. Navartete 

rcfiised to submit to a pre-employment drug test. 

28. On or about August 25, 2008, a SAP determined that Mr. Navarrete was eligible 

to return to duty to perform a safety-sensitive function after completing required 

education and/or treatment. The SAP prescribed a follow-up testing plan 

consisting of six follow up drug tests in the first year following Mr. Navarrctc's 

return to duty. 

29. On or about September 2, 2008, Mr. Barber hired Mr. Navarrete to perform flight 

crewmember duties after receiving a verified negative drug test result for him. 
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30. Mr. Barber did not conduct any follow-up tests for Mr. Navartete in the first year 

following his return to duty. 

31. By reason of the foregoing facts and circumstances, Mr. Barber violated the 

following Federal Aviation Regulations: 

a. 14 C.F.R. part 121, appendix I, § VI.D, in that it failed to notify the FAA, 

within 2 working days, that an employee who held a certificate issued under 

14 C.F.R. part 61 refused to submit to a pre-employment drug test. 

b. 14 C.F.R. § 135.251 (a) in that in that it did not test an employee (Navarrete) 

who performed a function listed in 14 C.F.R. part 121, appendix I, § III in 

accordance with: 

1. 14 C.F.R. part 121, appendix I, § V.B.5 (random testing) and 

2. 14 C.F.R. part 121, appendix 1, § V.F.l (follow-up testing). 

e, 14 C.F.R. § 135.255(b) in that it used a covered employee (Navarrete) to 

perform a safety-sensitive function when that employee was not subject to 

random testing for alcohol misuse in accordance with 14 C.F.R. part 121, 

appendix J, § III.C.5. 

III. 

1, Under 49 U.S.C. § 46301 (a)(5)(A), Mr. Barber is subject to a civil penally for 

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

$11,000. 

2. Under the facts and circumstances of this case, a civil penalty of $26,700 is 

appropriate. 
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Complainant therefore respectfully requests tliat the Administrative Law Judge 

enter an order that Mr. Barber be assessed a civil penalty in the amount of $26,700. 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

landa K. 

Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Phone: (202)493-5548 

Facsimile: (202)267-5106 

Date: October 27, 2010 
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CERTIFICATE OF SERVICE 

T hereby certify that on this date I have sent by certified mail, return-receipt 

requested, a copy of the Complaint in the case of In the Matter of Jack B. Barber, FAA 

Docket No. , FAA Case No. 2010AL910023, addressed to: 

Jack B. Barber 

4501 Aircraft Drive 

Anchorage, AK 99502 

In addition, I hereby certify thai on this date 1 personally delivered the original 

and one copy of the foregoing document to: 

Federal Aviation Administration 

600 Independence Avenue, S.WWilbur Wright Building - Suite 2W1000 

Washington, D.C. 20591 

Attn; Hearing Docket Clerk, AGC-430 

^ / 

I 

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Dated: October 27,2010