02/14/2012 11:58 FAX 202 2675106 

TO: 

Hearing Docket Clerk 

COMPANY: 

OFFICE OF THE CHIEF COUNSEL 

AGC-300- ENFORCEMENT DIVISION 

FEDERAL AVIATION ADMINISTRATION 

800 INDEPENDENCE A VENUE, S.W. 

WASHINGTON,D.C. 20591 

202-267~7158 (VOICE) 202-267-5106 (FAX) 

FACSIMILE TRANSMriTAL SHEET 

FROM: 

Cole Milliard 

DATE: 

·· · Federal Aviation Administration 02/14/2012 11:35:06AM 

FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 

1-202-493-5142 4 

. PHONE NUMBER: SENDER'S PHONE NUMBER:. 

1-202-267-3452 

RE: YOUR REFERENCE NUMBER: 

Platinum Air Service, Inc: Letter 

DURGENT EJ FOR REVIEW D PLEASE COMMENT D PLEASE REPLY 

NOTES/COMMENTS: 

141001/004 
02/14/2012 11:58 FAX 202 2675106 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

FACSIMILE 

February 14, 2012 

Offi~ of the Olief Counsel 

Enforcement Division, AGC·300 

Federal Aviation Administration 

600 Independence Ave., S.W. 

Wilbur Wright Building-Suite 2Wl 000 

Washington, D.C. 20591 

ATIN: Hearing Docket Clerk, AGC-430 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

141002/004 

. RE: Platinum Air Service, Inc., FAA Docket No. Unassigned, Case No. 2011WP910231 

Dear Sir: 

This cover letter is a follow up to the original and one copy of the Complaint already sent to the 

address above regarding the matter referenced above. Complainant expects the hearing in this 

case to last one (1) day and requests that the hearing be held in VanNuys, CA. Please direct all 

correspondence to the undersigned co"llllsel at the address below. 

Sincerely, 

Nicholas R Milliard 

Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Telephone: (202) 267-3452 

Facsimile: (202) 267-5106 

cole.milliard@faa.gov 

Enclosures: Respondent's Request foJ1 Hearing 
02/14/2012 11:58 FAX 202 2675106 

' -- - ~- _______.....--. ¥''-If< ', '"---' 

,_,., .t; - I 

l Arthur Wasserman, Esq., 22_677 

LAW OFFICE OF ARTHUR WASSERMAN 

2 16380 Roscoe Boulevard, Suite 120 

Van Nuys, California 91406-1221· 

3 Tele~hone: (818) 895-8234 • 

Facs1mile: (818) 895-0675 . 4 E-mail: A W4law@aol.com , 

5 Attorney for Respondent, Platinum Air Service, Inc .. 6 

7 

8 

FEDERAL AVIATION ADMINlSTIMTION 

!WASHINGTON.DC . -

9 

ADMINISTRATOR, Federal Aviation 

10 Administration, 

11 

12 vs. 

CASE NO: 2011WP910231 

Complainant, 

DEMAND FOR HEARING 

13 PLATINUM A1R SERVICE, INC. 

I 

14 Responden~ I 

15 I 

16 Respondent, Plarurum Air Service Inc. appeals the Administrator's Final 

17 Notice ofProposed Civil Penaltjr ofDecember 21,2011, and demands a hearing. 

18 

19 DATED: 

20 

21 

22 

23 

24 

25 

26 

27 

28 

! 

January 9, 2012 

LAW~ OF ARTIIUR WASSERMAN 

By:Zfwi;;m\<MAN, Attorn(; lm 

Respondent, Platinum Air Service, nc. 

141003/004 
1 

2 

3 

4 

5 

6 

'I , 

CERTIFICATE OF SERVICE 

I hereby certify that on this' 9th day ofJanuary, 2012, I have mailed via Federal 

Express by overnight service, the executed original and two copies of the foregoing 

Demand for Hearing, addressed ~ follows: ' . 

7 Federal Aviation Administration ! 

; 

8 600IndependenceAvenue, s.w.: 

9 Wilbur Wright Building - Suite 2Wl000 

Washington, D.C. 20591 

10 

11 Attn: Hearing Docket Clerk, AGC-430 

12 

13 

14 

Facsimile: (202) 493-5142 

141004/004 

15 I further hereby certify that on this 9th day of January, 2012, a copy of the 

foregoing Demand for Hearing ]?.as been sent by both facsimile and by overnight Federal 

16 Express service, addressed as fo~ows: 

17 

18 

19 

20 

21 

22 

Nicholas R. Millard 

Enforcement Division, AGC-300 

Office of the Chief Counsel. 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 ·• i 

23 Facsimile: (202) 267-5106 . 

24 

25 

26 

27 

28 

'.\' 

~~~~~~~~-~-~~~- ~10~~ ~~--~-

CHRISTINA MERRICK, Assistartt to 

ARTIIUR WASSE~N, Esq,, Attorney fot 

Respondent Platinum Air SerVice, Inc. 
UNITED STATES OF AMERICA 

U. S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

) 

In the matter of ) 

) 

PLATINUM AIR SERVICE, INC. ) 

) ________________________ ) 

FAA Docket No. Unassigned 

Case No. 2011WP910231 

Law Judge Unassigned 

C) a 1 d- - (Io ;;;_ sCOMPLAINT 

Complainant, the Federal Aviation Administration, by counsel, hereby files its 

Complaint, pursuant to section 13.208 of the Rules of Practice in FAA Civil Penalty Actions, 14 

C.P.R. § 13.208, and states as follows: 

1. Respondent Platinum Air Service, Inc. ("Respondent" or "Platinum") was advised 

through a Notice of Proposed Civil Penalty dated November 21,2011, and a Final Notice of 

Proposed Civil Penalty dated December 21, 2011, that the FAA proposed to assess a civil 

penalty in the amount of $8,600. By a filing dated January 9, 2012, Respondent requested a 

hearing. The Enforcement Division, FAA Office of the Chief Counsel, received Respondent's 

request for a hearing on January 9, 2012, via facsimile. 

2. Platinum is now,· and at all times mentioned herein was, the holder of Air Carrier 

Certificate Number 1PUA506M, issued under 14 C.P.R. part 119 and authorizing Platinum to 

conduct operations under 14 C.F .R. part 13 5. 

3. At all times mentioned herein, Platinum had appropriate operations specifications 

certifying 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. 

1 
4. At all times mentioned herein, 14 C.P.R.§ l20.7(f) defined "covered employee" 

as an individual who performs, either directly or by contract, a safety-sensitive function. 

5. At all times mentioned herein, 14 C.P.R.§ 120.70) defined "hire" as retaining an 

individual for a safety-sensitive function as a paid employee, as a volunteer, or through barter or 

other form of compensation. 

6. At all times mentioned herein, 14 C.P.R.§ 120.7(k) defined "performing" as any 

time during which an employee is actually performing, ready to perform, or immediately 

available to perform a safety-sensitive function. 

7. At all times mentioned herein, 14 C.P.R.§ 120.105 defined "safety-sensitive 

function" to include performing aircraft maintenance and preventative maintenance duties. 

8. Under 14 C.P.R. §§ 120.105 and 120.215, aircraft maintenance and preventative 

maintenance duties performed for a 14 C.P.R. part 119 certificate holder exercising the privileges 

of its certificate are "safety-sensitive functions." 

9. Under 14 C.P.R.§ 120.105, an employee who, either directly or by contract, 

performs aircraft maintenance and preventative maintenance duties for Platinum must be subject 

to drug testing under an antidrug program implemented in accordance with 14 C.F.R. part 120, 

subpart E. 

10. Under 14 C.P.R.§ 120.109(a), Platinum must have an individual undergo preemployment drug testing and receive a verified negative drug test result for that individual prior 

to hiring that individual to perform a safety-sensitive function or transferring that individual from 

performing a non-safety-sensitive function to performing a safety-sensitive function for 

Platinum. 

2 
11. At all times mentioned herein, Platinum was required by 14 C.F.R. § 120.109 to 

have a random drug testing program for all safety-sensitive employees that meets the 

requirements of 14 C.F.R. § 120.109(b) and 49 C.F.R. part 40. 

12. Platinum must, under 14 C.F.R. § 120.109(b)(5), conduct random drug testing of 

covered employees in a manner that ensures that each covered employee has an equal chance of 

being tested each time that random selections for drug testing are made. 

13. Under 14 C.F.R. § 120.109(b)(6)(B), Platinum must include all safety-sensitive 

employees in its random drug testing pool. 

14. Under 14 C.F.R. § 120.215, an employee who, either directly or by contract, 

performs aircraft maintenance and preventative maintenance duties for Platinum must be subject 

to alcohol testing under an alcohol testing program implemented in accordance with 14 C.F .R. 

part 120, subpart F. 

15. Platinum must, under 14 C.F.R. § 120.217(c)(5), 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 that random selections for alcohol testing is made. 

16. Under 14 C.F.R. § 120.217(c)(6)(B), Platinum must include all safety-sensitive 

employees in its random alcohol testing pool. 

17. Complainant's inspection of Platinum revealed the following: 

a. On or before March 16,2010, Platinum hired James Wyatt, directly, by 

contract, or otherwise, to perform aircraft maintenance and preventative maintenance, a 

safety-sensitive function, for Platinum. 

b. Mr. Wyatt performed aircraft maintenance and/or preventative 

maintenance on aircraft N8818M for Platinum on the following dates: 

3 
1. 

11. 

111. 

lV. 

v. 

VI. 

V11. 

March 16, 2010; 

March 30, 2010; 

May 21, 2010; 

June 4, 2010; 

October 18, 2010; 

January 12, 2011; and 

February 18, 2011. 

c. Aircraft N8818M was listed on Platinum's part 135 operation 

specifications on the dates mentioned in paragraph 16b, supra. 

d. Mr. Wyatt is not a part of Platinum's Antidrug and Alcohol Misuse 

Prevention Program. 

e. Mr. Wyatt is not a part of the Antidrug and Alcohol Misuse Prevention 

Program of any other entity besides Platinum. 

f. Platinum has failed to ensure that Mr. Wyatt, an employee who, either 

directly or by contract, performs aircraft maintenance and preventative maintenance 

duties for Platinum, is subject to drug testing under an antidrug program implemented in 

accordance with 14 C.P.R. part 120, subpart E. 

g. Platinum hired Mr. Wyatt to perform a safety-sensitive function for 

Platinum without administering a pre-employment drug test and receiving a verified 

negative drug test result in accordance with 14 C.P.R. part 120, subpart E and 49 C.P.R. 

part 40. 

h. Platinum has not included Mr. Wyatt in its random drug testing pool. 

1. Platinum has not included Mr. Wyatt in its random alcohol testillg pool. 

4 
18. By reason of the foregoing, Platinum violated the following Federal Aviation 

Regulations: 

a. 14 C.F.R. § 120.1 09(a)(l ), in that Platinum did not conduct a preemployment drug test and receive a verified negative drug test result in accordance with 

14 C.F.R. part 120, subpart E and 49 C.F.R. part 40 prior to hiring Mr. Wyatt to perform 

a safety-sensitive function for Platinum; 

b. 14 C.F.R. § 120.105, in that Mr. Wyatt was not subject to a drug testing 

program implemented in accordance with this subpart, specifically in that all safetysensitive employees were not in the random pool; and 

c. 14 C.F.R. § 120.215, in that Mr. Wyatt was not subject to an alcohol 

testing program implemented in accordance with this subpart, specifically in that all 

safety-sensitive employees were not in the random pool. 

19. Pursuant to 49 U.S.C. § 4630l(a)(5)(A), Platinum is subject to a civil penalty not 

to exceed $11,000 for each violation of the Federal Aviation Regulations. 

20. Under the facts and circumstances of this case, and in accordance with the 

Administrator's Sanction Guidance in Order 2150.3B, Appendix B, a civil penalty in the amount 

of $8,600 is appropriate for the violations in this case. 

WHEREFORE, the Complainant, by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty in the 

amount of $8,600. 

5 
Date: January 20, 2012 

6 

Respectfully submitted, 

~~ Nicholas R. Milliard 

Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Telephone: (202) 267-3452 

Facsimile: (202) 267-5106 

cole.milliard@faa.gov 
CERTIFICATE OF SERVICE 

I hereby certifY that I hand-delivered, the original and one copy of the foregoing 

Complaint in In the Matter of Platinum Air Service, Inc, FAA Docket No. Unassigned, Case No. 

2011WP910231, addressed to: 

Federal Aviation Administration 

600 Independence Ave., S.W. 

Wilbur Wright Building-Suite 2W1 000 

Washington, D.C. 20591 

ATTN: Hearing Docket Clerk, AGC-430 

In addition, I hereby certify that I sent a copy of the same by U.S. Certified Mail, 

return receipt requested, and by facsimile, addressed to: 

Mr. Arthur Wasserman, Esq. 

16380 Roscoe Boulevard, Suite 120 

VanNuys, CA91406-1221 

Facsimile: (818) 895-0675 

Name: B Mtt& (3 tTttl}, 

_,. Date: _u""·.£r~..;• M:.u...._;.)..._/-"-'1 'l-l -),7-. .O>c-'-1+\..;.)~-----

7