08/31/201 1 10:37 FAX 2024935142 FAA - QMS 21001/006 

ntPARTMEiMl CF 

;RAN3F0RTA1I0N, ^ 

;- OCKFT OFERATIOMS 

Before the U.S. Department of Transportation 

Federal Aviation Administration Villi ^•••y'G^-1 • P !?• 5 b 

In the matter of 

M«£:RIIELIC.0PTER 

Docket No. CPlOSOOOll 

FAA Case No. 20U9SO950434 

Judge Richard C. Goodwin 

COMPLAINANT'S RESPONSE TO RRSPON DENT'S DISCOVERY REQUEST 

Pursuani to 14C.F.R. § 13.220, Complainant files this Response to Respondent's 

discovery request.' Complainant will first restate each of Petitioner's requests and 

provide a response following each restated request. 

Request 

a) Provide copies of all documents intended to be introduced as evidence in this case 

that arc not already in the record. 

Answer: 

All Jocuments that are anticipated to be introduced into evidence were provided to 

Respondent on October 21, 2010 in the Enforcement Investigative Report and on 

May 27, 2011 in Complainant's Pre-Hearing Brief 

Request 

b) A complete list of each and every person intended lo be called a.s a witness or expert 

wilntiss, 10 give testimony or will be present on behalf of the agency. 

Answer: 

Amy Frankcl 

' Respondent'? di<;covcr>' rcqucbU. appear at paragraph 13 in Respondent's Reply to Complainanl's Mulion 

to Compel Di.scover>' Hied nn August 9. 2011. 
08/31/201 1 10-38 FAX 2024935142 FAA - QMS [^1002/006 

Request 

c) Title, occupation, employer, business address, curriculum viia^ license and 

certification numbers, educational background and complete credentials, of all 

persons who will be present at the hearing. 

Answer: 

Amy Krankel, Field Operations Branch Manager, Office of Aerospace Medicine, 

Federal Aviation Administration, Orville Wright Bldg. (FOBIOA), FAA National 

Headquarters. 800 Independence Ave.. SW, Washington, DC 20591 

Request 

d) fhe nature of the stated testimony to be provided (factual, witness or expert witness), 

by each individual, the subject matter upon which each witness is c.\pccted to testify, 

the nature of knowledge possessed by each witness and ihc facts to which each 

witness is expected to testify. 

Answer: 

Ms. Frankel will testify as 10 the Drug Abatement inspeciion of M & R Helicopters 

and the subsequent Investigation. Her testimony will include discussion of M & R 

Helicopters' Air Carrier Certificate and operations specifications, including those 

operations specification relating to M & R Helicopters' Antidrug and Alcohol 

Prevention Program. Ms. Frankcl will also testify that Edward Baker was not 

included in cither M & R Helicopters' DOT-mandated drug or alcohol testing 

programs, or in his own DOT-mandated drug or alcohol testing programs. Ms. 

Frankel will testify that 14C.F.R. §§ 135.251(a) and 135.255(b) required that M&R 

Helicopters test each employee who performs a safety-sensitive function listed in 14 
08/31/201 1 10 38 FAX 2024935142 FAA - OMS 21003/00 8 

C.F.R. part 121, Appendix i and J in accordance with those appendices and that 

M & R Helicopters failed to do so. 

Request 

c) Provide copies of any and all statements made by the witnesses identified in response 

10 the inierrogaiorics concerning, referring, or involving the circumstances set forth in 

ihc complaint. 

Answer: 

Respondent has not advanced any imerrogatones as part of this discovery request. 

Reqijest 

f) Approximate time of testimony of each individual. 

Anjjwer: 

Complainant is unable to provide an estimate at this time. The hearing has been 

scheduled for a single day and Complainant will make every etTort to adhere to such 

scheduling. 

Request 

g) Other data requested before and as listed above in 2-7. 

1. Complainant never provided the requested specific regulations, language, details, 

and references with regard to the specific regulation changes that had occurred. 

Answer: 

The relevani rcgulaiions have been cited numerous limes beginning in the Notice of 

Proposed Civil Penalty. The issue concerning the change in the regulations was 

addressed in Complainant's Pre-Hearing Brief filed on May 27. 2011. 

2. On Ociober 22. 2010, respondent was served with an incomplete Enforcement 
08/31/201 1 10.38 FAX 2024935U 2 FAA - DMS I2|004/00B 

Investigative Report which included several altered, redacted and spoliated 

documents. The unaltered documents were requested and the references cited 

concerning document and evidence withholding. 

Answer: 

This issue was addressed in Complainant's Pre-Hearing Brief filed on May 27, 

20 M. In addition, previous motions with regard to this issue were denied by judge 

Goodwin in the Consolidated Order on Motions served on August 3, 2011. 

3. On Ocluber 27, 2010, a letter was faxed and addressed to complainant requesting a 

complete copy of all the regulations referenced in her complaint, inclusive of 

adoption dates, changes and revision dates to confirm prior statements made on 

behalf of the parties. 

Ai^swer: 

Previous motions with regard to this issue were denied by judge Goodwin in the 

Consolidated Order on Motions served on August 3, 2011, 

4. In the letter of October 27, 2010, respondent requested full, unaltered copies of 

documents that were produced in the incomplete Enforcement Investigative Report 

(EIR). thai were cither stricken, blocked out, redacted or spoliated. 

Answer: 

See Complainant's answer to 2 above. 

5. In the lener of October 27, 2010, it was requested to provide the reference of Jordon 

V. Department of Justice that complainant cited in her correspondence and how each 

specific reference directly applied to each specific redacted part of the EIR. There 

was no response. 
08/31/201 1 10:38 FAX 2024935142 FAA ^ DHS 0005/00 8 

Answer: 

See Complainanrs answer to 3 above. 

6. In the letter of October 27, 2010. it was requested to provide ihc reference for 

policies on disclosure restrictions. 

Answer: 

See Complainant's answer to 2 above. 

Respectfully submitted. 

Peter Lynch 

.Assistant Chief Counsel 

for Enforcement 

Charles Raley, Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W, 

Washington, DC 20591 

Phone: (202)267-3357 

Facsimile: (202)267-5106 

Email: charles.raley@faii.gov 

Dated: August 25, 2011 
08/31/2011 10:38 FAX 2024335142 FAA ^ QMS aooe/006 

Certificate of Service 

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

certified return-receipt, a copy of Complainant's Response to Respondent's Discovery 

Request In the Matter ofM & R Helicopter, Docket No. CPlOSOOOl 10, FAA Case no. 

2009SO950434, addressed to: 

Dr. Michael B. Selig 

President 

M & R Helicopters. LLC 

2045 Wcstgate Dr., Suite 205 

Bethlehem, PA 18017 

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

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

The Honorable Richard C. Goodwin 

Administrative Law Judge 

U.S. Departmeni of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Facsimile: 202-366-7536 

In addition, I hereby cenif>' that on this date I have sent by the U.S. mail, postage 

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

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-43 0 

Wilbur Wright Building - Suite 2W1000 

Dated: August 25, 2011