07/18/2012 17:23 FAX 2024835142 FAA 

U.S. Department 

of Transportation 

Offioe ofthe Chief Counsel 

Federal Aviation 

Administration 

FACSIMILE: (202) 366-7536 

zo 

and CERTIFIED MAIL- RETlJRN RECRIPT REQUESTED 

July 18.2012 

+ OMS ~001/007 

BOO Independence Ave., SW. 

C]~,sf:lington, DC 20591 

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The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E., Room R11-310 

Washington, D.C. 20590 

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,•"' '• ... 

RE: In the Matter ofBadger Helicopters, Inc .. FDMS No. FAA-2012-0201, FAA Docket 

No. TBA; FAA Case No. 20 II AL9l 0019 

I )ear Judge Goodwin: 

Attached, please find the Amended Complaint in the above-referenced matter. The attached 

amends Sectioll II, paragraph 7 ofthe Complaint filed on March 15,2012, so that it now states: 

At all times mentioned in this document, Michael Jacob was the Manager ofDakota 

Rotors LLC and was the President or Badger Helicopters, and the address from where 

Dakota Rotors LLC conducted business was 24564 Hwy 16/385, Custer, South Dakota 

57730. 

In all otherrespccts, the Amended Complaint is consistent with the Complaint tiled on MI:II"ch 15, 

2012. 

Respectfully, 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

By: 

A nes M. Rodrigue , Se1 r Attorney 

Enforcemenl Division/ AGC-300 

Office ofthe Chief Counsel 

Telephone: (202) 267-7268 

Facsimile: (202) 267-5106 
07/19/2012 17:23 FAX 2024935142 

cc: Michael Jacob, President 

Badger Helicopters, Inc. 

24564 Hwy 16/3 85 

Custer, SD 57730 

Federal Aviation Administration 

Orville Wright Building 

800 Independence A venue, SW 

Washington, DC 20591 

FAA 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2WIOOO 

+ OMS 141002/007 

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07/18/2012 17:23 FAX 2024835142 FAA ~ OMS 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the matter of: 

BADGER HELICOPTERS, INC. 

) 

) 

) 

) 

) 

fDMS No. FAA-2012-0201 

FAA DocketNo. TDA 

FAA Case No. 2011AL910019 

Judge Richard C. Goodwin 

AMENDED COMPLAINT 

Pursuant to Rule 208 and Rule 214 of the Rules of Practice in FAA Ci vii Penalty 

Actions, 14 C.P.R.§§ 13.208 and 13.214, the Federal Aviation Administration (Complainant) 

files this Amended Complaint in the above~captioncd matter: 

I. 

Respondent Badger Helicopters, Inc. (Respondent or Badger Helicopters) wa"' advised 

through a Nolice of Proposed Civil Penalty dated August 15,201 1, and by a final Notice of 

~ 003/007 

Proposed Civil Penalty dated February 21, 2012, that the FAA proposed to assess a civil penalty 

in the amount of $4,400. By a letter dated March 2, 2012, Respondent requested a hearing. The 

Enforcement Division, FAA Office ofthe Chief Counsel received Respondent's mitten request 

for a hearing by. Certified Mail- return receipt requested on March 7, 2012. Because 

Respondent's March 2, 2012 request for a hearing was not sent to the Hearing Docket in 

accordance with 14 C.P.R. § 13.16(h), Respondent sent a secon<..llettcr requesting a hearing dated 

March 8, 2012, and addressed to the Hearing Docket. On March 14,2012, the Enforcement 

Division, FAA Office ofthe Chief Counsel received a copy ofRespondent's second Jetter by 

Certified Mail -return receipt requested. 
07/19/2012 17:23 FAX 2024935142 FAA "' OMS ~ 004/007 

11. 

1. Badger Helicopters is now, and at all times mentioned in this document was, the · 

holder of a Letter of Authorization issued by the FAA, authorizing it to conduct commercial air 

tour operations under 14 C.F.R. § 91.147. 

2. At all times mentioned in this document, 14 C.F.R. § 91.147(e) required that 

Badger Helicopters comply with the provisions of its Letter of Authorization, which among other 

things provides that Badger Helicopters will comply with the requirements of 14 C.P.R. partl20 

and 49 C.F.R. part 40 lor its antidrug testing and alcohol misuse prevention program. 

3. 14 C.F.R. § 120.1 09(a)(1) prohibits an employer from hiring any individual for a 

safety-sensitive function unless the employer first conducts a pre-employment test and receives a 

verified negative drug test result for that individuaL 

4. Under 14 C.F.R. § 120.1 05(a), a person who perfonns flight crewmember duties 

performs a safety-sensitive function. 

5. Under 14 C.P.R.§ 120.7G), "hire" means retaining an individual for a safetysensitive function as a paid e;;mploycc, as a volunteer, or tluough barter or other form of 

compensation. 

6. Under 14 C.F.R. § 120.7(q), a verified negative drug Lest result means a drug test 

result from anHHS [Health and Human Services]~certified laboratory that has undergone review 

by a Medical Review Officer ("MRO") and has been determined by the MRO to be a negative 

result. 

7. At all times mentioned in this document, Michael Jacob was the Manager of 

Dakota Rotors LLC and was the President of Badger Helicopters, and the address from where 

Dakota Rotors J J ,C conducted business was 24564 Hwy 16/3 85, Custer, South Dakota 57730. 

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07/18/2012 17:23 FAX 2024835142 FAA + OMS ~ 005/007 

8. The FAA's inspection of Badger IIelicopters revealed that: 

a. In June 2010, Dakota Rotors hired Cara Davis and assigned her to conduct 

commercial air tour operations for Badger Helicopters under Badger Helicopters' Letter 

of Authorization. 

b. On or about June 9, 2010, Dakota Rotors conducted a pre-employment 

drug test of Car a Davis. 

c. Civil aircraft N121AH was authorized for usc by Badger Helicopters in its 

commercial air tour operations under section 91.147. 

d. On or about June 10,2010, CaraDavis pcr.tormcd Hight crcwmcrnbcr 

duties on a commercial air tour operation under section 91.147 for Badger Helicopters in 

civil aircraft Nl21 Al-l.' 

c. On or about June 11, 2010, the MRO verified the results ofCara Davis' 

pre-employment drug test as negative. 

f. Badger H~licopters hired Cara Davis for a safety-sensitive function 

without first conducting a pre-employment drug test and receiving a verified negative 

drug test result for her. 

UI. 

1. By reason of the foregoing, Badger Helicopters violated 14 C.F.R. § 91.147(e), in 

that it failed to comply with the requirements of 14 C.P.R. § 120.109(a)(I). 

2. Pursuant to 49 U.S.C. §.4630l(a)(5)(A), Badger Helicopters is subject to a civil 

penalty not to exceed $11,000 1or each violation of the Federal Aviation Regulations. 

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07/19/2012 17:23 FAX 2024935142 FAA + OMS 

3. Under the facts and circumstances ofth1s case and in accordance with the 

Administrator's Sanction Guidance in FAA Order 2150.3B, Appendix B, a civil penalty of 

$4,400 is appropriate for the ':'iolation in this case. 

WHEREFORE, the Complainant, by counsel, respectfully requests thatthe 

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

amount of$4,400. 

Date: July 18, 2012 

Respectfully submitted, 

Peter J. I ,ynch 

Assistant ChicfCounsel 

Enforcement Division, AGC-300 

4.zm~'~· 

4 

~ 008/007 
07/19/2012 17:23 FAX 2024935142 FAA _. OMS ~ 007/007 

CERTIFICATE OF SERVICE 

J hereby certify that on this date, I have sent by U.S. mail, postage prepaid, certified 

return-receipt, a copy of the foregoing Amended Complaint In the Matter of Badger Helicopters, 

Inc., FDMS No. P'AA-2012-0201, FAA Docket No. TBA, Case No. 2011AL9100l9, to: 

Michael Jacob, President 

Badger Helicopters, Inc. 

24564 Hwy 16/385 

Custer, SD 57730 

AND 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

East Building Ground Floor, Room Ell-310 

Washington. DC 20590 

Facsimile: 202-366-7536 

In addition, 1 hereby certify that on this date, I have sent by U.S. mail, postage prepaid, 

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

Federal Aviation Administration 

Orville Wright Building 

800 Independence A venue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Date: Julyl8,2012 

5