06/21/2011 06:49 4252271007 ANM7 PAGE 02/12 

o 

U.S. Department Northwest Mountain Region 1601 Lind Avenue S.W. 

Of Transportation Colorado, Idaho, Montana Renton, Washington 98057 

Federal Aviation Oregon, Utah, Washington Tel: (425)227-2161 

Administration Wyoming Fax:(425)227-1007 

Office of Regional Counsel JEFFREY.HARPER@FAA.GOV 

June 21,2011 

VIA FACSIMILE AND CERTIFIED MAIL-RETURNRECEIPT REQUESTED ; , ; , /: 

Attn: Hearing Docket Clerk ..Ij -•.'..•;'' 

NTSB/Office of Judges .,. 4^^-43 

490 L'Enfant Plaza East SW '' ':'•'rr^'^ 

Room 4704 ••' Q[^' ^ 

Washington, DC 20594 ;-j I Q 

Re: In the Matter of Patrick Carty, Case No. 2O10AL9OO0O4 / d-^*l' f^^QA "(Ifp- 15^ 9 | 2.0 ll - b t^ l 

Enclosed herewith please find the original and three copies of an Order of Revocation, wliich we 

are issuing as our Complaint in the above-reference proceeding. 

The FAA requests that the hearing in this matter he held in Anchorage, Alaska, and expects the 

hearing will last one day. For scheduling purposes, counsel for the FAA is unavailable due to 

military duty on the following dates in year 2011: JulyS and 11, August 12 and 15, September 9 

and 12, 30 October 3, November 4 through 7, and December 2 and 5, 

Please address all communications for the FAA to the undersigned at: 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue Southwest 

Renton, Washington 9S057 

Telephone: (425)227-2161 

Fax: (425)227-1007 

Sincerely, 

DWIGHT S. WILLIAMS 

Regional Counsel 

By: 

Jeffrey M. Harper 

FAA Attorney 

Enclosures: Request for Hearing 

Complaint 

cc: Erin B. Marston, Esq. 
0B/21/2011 06:49 4252271007 ANM7 PAGE 03/12 

o 

U.S. Department Northwest Mountain Region 1601 Lind Avenue S.W. 

Of Transportation ' Colorado, Idaho, Montana RentorL, Washington 98057 

Federal Aviation . Oregon, Utah, Washington Tel: (425)227-2161. 

Administration Wyoming Fax: (425)227-1007 

Office of Regional Counsel. JEFFREY.HARPER@FAA.GOV 

SERVED; June 10,2011 FAA Case No. 2010AL900004 

VM- REGULAR AND CERTIFIED' MAIL - RETURN RECEIPT REQUESTED 

Patrick Earl Carty 

P.O.Box 2913 

Kenai, AK 99611-2913 . .. . 

ORDER OF REVOCATION 

On March 10,2011, you were advised by mail through a Notice of Proposed Certificate Action 

of the reasons ^^ty we proposed to revoke youi Conomercial Pilot Certificate, 

. After consideiing all the infotmation presently a part of this proceeding, including the matters 

• presented at the informal conference held on May 6, 2011, it has been determined that: 

1. You are now, and at all times mentioned hereui were, the holder of Commercial Pilot 

• Certificate No. 574164196. 

2. On or about February 19, 2010, you applied for a third class medical certificate from 

Aviation Medical Examiner (AME) TTiomas Wiggins, M.D. on FAA Form 8500-8. 

3. You answered Block 18(k) of the FAA Form 8500-8 "no," indicating you did not have a 

history of, or presently have diabetes. 

4. You aaswered Block 18(u). of the FAA Form 8500-8- "no," indicating you did not have a 

Mstoiy of admission to a hospital. 

5. You answered Block 1 S(x) of the FAA Form 8500-8 ''no," indicating you did not have a 

histbiy of, or presently have any other illness, disabilily, or surgery. 

6. You did not answer either Blocks 18(v) or 18(w) relating to your'hj,story of arrest, 

conviction, or administrative action. 

7. During your physical examinatiorL, Dr. Wiggins instructed you to change your answers to 

18(k), (u), and (x) from "no" to "yes" because you had been diagnosed with di,abetes and 

had surgery for divertictilitis m 2006. 

8. Dr. Wiggins deferred issuance of a second class medical pending completion of certain 

laboratory studies and review by the Regional Flight Surgeon. 

9. On or about February 23, 2010, you applied for a third class medical certificate-from . 

AME Peter O. Hansen, M.D. COMPLAINT 
0G/21/2011 05:49 4252271007 ANM7 PAGE 04/1 2 

• Patrick Earl Carty - 201OAL900004 

June 10,2011 

Page 2 

10. You answered Block 16 "6 16 2006" indicating your last application for an FAA medical 

was on Jime 16,2006. • • 

11. You answered Block 18(k) of the FAA Form 8500-8 "no," indicating you did not have a 

history of, or presently have diabetes. 

12. You answered Block 18(u) of the FAA Form 8500-8 "no," mdicating you did not have a 

• history of adinission to a hospital, 

13. You answered Block r8(x) of the FAA Form 8500-8 "no," indicating you did not have a 

history o^-or presently have any other illness, disabiHty, or surgery. • 

14. " You answered Block 18(w) of the FAA Form 8 500-8 "no," indicating you did not have a 

history of nontraffic conYiction(s), either misdemeanors or felonies. 

15. Your answer to Block 16 was false, in that your last application for an FAA medical was 

., on February 19,2010. ' 

16. Your answer to Block 18(k) was false, in that you have been diagnosed with diabetes. 

17. Your answer to Block 18(u) was false, in that you had been admitted to the hospital, for • 

divertictilitis surgery. •,..• . 

18. ' Youi answer to Block 18(x) was false, in that you had surgery for diverticulitis. 

19. Your answer to Block 18(w) was false in that you were found guilty of criminal mischief 

in the fourth degree in the Superior/District Court for the State of AJ,aska, Third Judicial 

. District at Kenai on January 13, 2010. 

• By reason of the foregoing circurnstanoes, you violated the foUowiiig provisions of Federal 

Aviation Regulations (14 C.F.R.): 

a. Section 67.403 (a)( 1), in that you made or caused to be made a fraudulent or 

intentionally false statement on your application for a medical certificate. • 

b. Have demonstrated that you presentiy lack the qualifications required of the holder of 

an Airman or Medical certificate. 

The Adraini^rator has determined that you lack the degree of care, judgment, and responsibility 

required of the holder of a Private Pilot Certificate and Medical Certificate, and that safety in air 

commerce or air transportation and the public interest require the.revocation of any airman 

certificates you now hold, including Cormnercial Pilot Certificate No, 574164196 and any. other ' 

medical or airman certificates issued to you. 

NOW, THEREFORE, IT IS ORDERED, pursuant to the authority vested in the Administrator by 

49 U.S.C.§ 44709, tinat: 

COMPLAINT 
06/21/2011 06:4g 4252271007 ANM7 PAGE 05/1 2 

Patrick Earl Carty - 201OAL9OO004 

June 10,2011 

Page 3 .. . 

L Any airman certificates now held by you, including Commercial Pilot Certificate 

No. 574164196, are revoked. 

2. The revocation shall become effective July 5,201L 

3. You must surrender your Certificate on or before the .effective date by mail or 

delivery to the Regional Counsel (ANM-7), Federal Aviation Administration, 

Northwest Mountain Region, 1601 Lind Avenue Southwest, Renton, Washington 

98057. 

4. No application for a new certificate shall be accepted from you, nor shall any such 

certificate be issaied to you for a period of one year from the dais, of service.of this 

order or the date you surrender your Certificate, whichever is later.-

If you havb any questions regarding this'T^ptice, ple^e contact FAA attomeyJeff Harper at 

telephone number (425) 227-2161. "^^ 

DWTGHT S: WILLIAMS 

Regional Counsel 

By: 

;Hrey M. Harper 

•FAAAttorney ' 

JMH/mc 

cc: • Erin, B. Marston, Esquire 

821 Street, Suite 208 

Anchorage, AK 99501^2136 

COMPLAINT 
06/21/2011 06:49 4252271007 ANM7 PAGE 06/12 

CERTIFICATE OF SERVICE 

I certiiy that the foregoing Complaint has been served via Facsimile, and Certified Mail - Return 

Receipt Requested this date, to the following; 

NTSB/Office of Judges (original and three copies) 

490 L'Enfant Plaza East SW 

Room 4704 

Washington, DC 20594 

TEL: 202.314.6150 

FAX: 202,314-6158 

Erin B. Marston, Esquire 

821N Street, Suite 208 

Anchorage, AK 99501-2136 

TEL: 907.277.8001 

FAX: 907.277.8002 

Dated this 21st day of June, 2011 

MOIFAIR CHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2160 
06/21/2011 06:49 4252271007 

06/17/2011 14:11 FAX 907277S002 

ANM7 

MarstonSCDle 

PAGE 07/12 

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Erin B. Marston 

Law Offices of Marston & Cole, P.O. 

821 N Street, Suite 208 

Anchorage, AK 99501 

(907)277-8001 

Attorneys for Patrick Carty 

UNTTEP STATES OP AMERICA 

DEPARTMENT OF TRANSPORTATION 

NATIONAL TRANSPORTATION SAFETY BOARD 

In re Commercial Pilot Certificate No, 574164196 

Belonging to Patrick Earl Carty 

FAA Case No. 2010AL900004 

NOTICE OF APPEAL AND OBJECTION TO ORDER OF REVOCATION 

COMES NOW Patrick Earl Carty, fay and through his counsel Marston & Cole, 

P.O., aod hereby gives notice of appeal of the Federal Aviation Administration's Order of 

Revocation ("Order") dated June 10,2011. See Attachment APatrick E. Carty requests that the Order be dismissed as he did not violate Section 

67.403(a)(1), in that he did not make or cause to be made a fraudulent or intentionally 

false statement on his application for a medical certificate, and because the facts do not 

support the sanctions proposed. 

Respondent requests hearing on all unfoTunded allegations. 

Notioo of Appeal and Objection to Ordor of Revocation 

In re ComfliercfalPiloi Cercificatc No. 574164196 

J?age 1 of 2 
06/21/2011 06:49 4252271007 

06/17/2011 14:11 FAX 9072776002 

ANM7 

Marston&Cole 

PAGE 08/12 

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DATED this ( i day of Jun.e, 2011, at Anchorage, Alaska. 

.^COLE^P.C. 

Attorneys forPa^fek Carty 

Erin B. Marston 

Alaska Bar No. &511177 

(;:^RTiFrcATK O F SKRVTCE 

This is to certify that oa *iis Ij4i ^ day of iujie, Ml 1^ a 

tAie imd cDiipcK copy of tbe fbregotng document vtviS 

Mailed 

Hand-delivejcd 

Faxed 

ID Hia fbllowing: 

Jeffirey Haipcr, Esq, 

U S DepBTtmavt of TionapOrtaiioa 

Federal Aviation Adismisbralioa 

1601 Lind AvflBUE SW 

R«mon, WA ?S057 

jc/'K/Un^ 

Notice of Appeal and Objection to Order of Rsvocstion 

In re CommBTcial Pilc»t CJortiflcate No. 574164196 

Pag9 2 of 2 
05/21/2011 06:49 4252271007 

08/17/2011 14:11 FAX 307277B002 

ANM7 

ilarstonSCole 

PAGE 09/12 

11004/006 

^ 

U.S. Department 

OfTranaportation 

Federal Aviation 

AdnaJAistratiott 

0£Bce of Resgifimtl Ctmnxd 

SERV;ED:Juii,e 10, 2011 

Northwest MoimtainRegioD 1601 Lind Avenue S.W. 

Colorado, Idaho, Montana R«itoa,.WasliingtDn 98057 

Orego:a, Utah, Washington Tel: (425)227-2161, 

'Wyoffiing PBX; (425)227-1007 

JEFFREY.HARPER@FAA,.O0y 

' • 

FAA CascNo. 2010AL900004 

VIA REGULA31.AND CEIOIFIHD'MADL - RETUSN EECEIPT REQUESTED 

Patrick Earl Carty 

P.O. Box 2913 

KBHHi,AK 9^611-2913 .. . 

ORDER OF REVOCATION 

On Manih 10, 2011, you were advised by mail tJxcou^ a Notics of Proposed Cerfi5cate AoHon 

of the reasons ^ y WB proposed to revoke your Coimnatcial Pilcrt Cerdficatfi. -

After considering all the infonnatiftn. presently a peart of this proceeding, including the matters 

• presented at the infbimal conference beld on 'May 6, 2011, it has bftea dstarmined that; 

1. You aie now, and a± all times mailionsd hsmn. -were, ths holder of Coiniaerdal Pilot 

Certificate No. 574164196. 

2. Qa or about February 19j 2010, you applied for a third class medical oertificate diom 

Aviation Medical Exaimner (AME) IliorDas "Wiggms, MJD. on FAA Fonn S500-8. 

• 3, You answorod Block I8(k) of the FAA Foim 8500*8 "HG," indicatrng you did not have a 

history ofj or presently have diabetes. 

4. YDU aaswcred Blook 1,8(u) of ihe FAA Foim SSOO-g' "no," indicatiiig you did aot have a 

history of admission to a hospital. 

5. You answered Block I S(x) of the FAA Form SSOO-S "no," mdicating you did not have a 

histoiy o:£ or presently hkv«' aay othisr illaess, disability, or swrgcry, 

6. You did not answer ather Blocks 18(v) or 18Cw) releliiig to your"history of ajxest, 

conviction, or ftdminigiiative action. 

7. ' During your physical examination, I)r. Wiggins instructed you to dhaago yew answer? to 

18(k), (u), and (x) horn "no" to "y^^" because you had been diagnosed vvith diabetes and 

had surgery for diverticulitis in 2006. 

S. Dr. 'WiggBis deferred issuance of H. second class medical pending completion of certain 

laboraioTy studies and review by the; Region^ Flight Surgoon. 

9. On or about February 23,2010, you applied for a third alass medical certifioate ftom , 

AME Peter O. Hwasen, MD, 
06/21/2011 0B:49 4252271007 ANM7 PAGE 10/1 2 

OB/17/2011 14:11 FAX 90727T8002 MarstnnaColG [gl0O5/00G 

Patrick Esrt Carty-201 QAL90&004 

June 10,2011 

PigeZ ' -

10. You anstvcred Block 16 "616 2006" indicating your last application for an FAA medical 

"was on Jme 16,2006, • . 

11. You answered Block 18(k) of thcFAA Form S500-8 "no," indicating you didnothkvca' 

history 0^. or presently have diabetes. 

12. You answered Block 18(u) of the FAA Form 8500-8 "no," indicating you did not faave t. 

• history of admission tb a hospital, 

13. You answered Block lS(x) of the FAA Form 8500-8 "no»" mdicating you did not have a 

history o^-or'presaatly have any other ilbessjdi^ahilityj-or surgery, • • • 

14. ' You answered Block 18(w) of ihe FAA Form 8500-8 "no." indicating you did not have a 

history of nontraiS© conviotbn(s)s either misdemeanors or fblonics. 

15. Your answer to Block 16 was faisa, in that your last application for an FAA medical Wias 

, „ onFobruaiyl9,20lO, • ' ' 

16. Your answer to Block 18(t) was false, in that you have been diagdosed with diabetes, 

17. Your answer to Block 18(u) was fake, in that you bad' been admitted to the hospital for 

diverlioulitis surgery. , . " • ' ' • . 

18. ' Your answer to Block 1S (x) -was false, Jn tha; you had fiurgery fbr diverticulitis, 

19. Your answer to Block 18(w) was felia in that you were found guilty of criminal mischifef 

in the fcftirth degree in thft Si^jerior/District Court for the State of Alaska, Third Judicial 

District atKfinai on Jamiaiy, 13,201O. 

By reason of the foregoing circumstances, you violated the following provisions of Federal • 

Aviation Regulations (14 G.F.R.): 

a. Section 67.403(aXl)jio-T^^y°^TM^^'^'^2.used to be made a fraudulent or 

intentionally &lse .statement on your application for "a medical ccrtiS(fate. 

b. Have demonstrated that you presently lack the qualifications required of the holder of 

an Airman to Medical certificate. 

'XTa.e Administrator has determined that you lack the degree of cara, judgment, and responsjibili^ 

rcqmredof the holder of a Private Pilot Certiflcate and Medieval Certificate, and that safety Jn air 

commerce or air transportaidon and the public interest require the.revooaHon of any aimiaii 

ceriificatss you now hold, including Commercial PUot Cardficate No. 574154196 snd any other ' 

medical or airxcan certLficates issued to you, 

1^0 W, TEffiREF ORE, IT IS ORDERER, pursuant to the authority vested in the AdminLstrHtor by 

49 U.S.C. § 44709, that ' . 
06/21/2011 06:49 4252271007 

06/17/2011 U:11 FAX 9072778002 

ANM7 

Marston&Cole 

PAGE 11/12 

®00S/O0G 

Patrick Earl Carty - 201OAL900004 

June ID,SOU , • ' -

FagB3 

1. Any fi^rmffrs cerdficatK now held by you, including Commnrcial Pilot Certificare 

No. 574164196, are revoked. 

2. Thftrevocatioashflllbeoome effective July 5,2011. 

3. You must suirendor your Certificate on or before the .effectiva date by mail or 

delivery to'theRegional Counsel (ANM-TJ, Federal Aviation Administration, 

•NorthWBSit:Mountain Region, 1601 lind Avenue SouJhweit, Renton, Washington 

98057. ' .^ • 

4. No applicatioa for i new certificate shall be accepted fmto you, nor diall any such 

• CBTiifieate be issued to you for a period ofoneycar from the date of service .of this 

- order or the date you surrender your Certificatsj ^vhichever is later.-

If you hav^ any questions regarding this Notice, ple&se contact.FAA attorney. Jeff Harper .at 

telephone number (425) 227-2161. 

DWIGHT s; WILLIAMS 

Regional Counsel ' , , ' .' * 

By: 

/H^^^^ 

5yM. Harper 

• FAA Attorney • 

JMH/mo 

cc: 'Erin B. Marston, Esquire . 

a!2J Street, Suite 208 

Anchorage, AK. 99501^2136 

U.S U.S.. Posia i-'osidi--'^'-;^ l Service ; ncpFlPT CEBTlFlEDr.nA.L,..BECEIP;^^ 

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06/21/2011 06:49 4252271007 ANM7 PAGE 12/12 

OG/17/2011 14:11 FAX 9072778002 Marston&Cole g]001/00B 

LAW OFFICES OF 

MARSTON & COLE, P.C. 

A Professicwjal Corporation 

S21 N STREET, SUITE 208 

ANCHORAGE, AK 99501 

Telephone (907) 277-8001 

Facsimile (907) 277-8002 

Erin B. Marston 

Brent R, Cole 

FAX COVER SHEET 

This facslmils transmission may contain informaCion which is protected fay attDrney-ciient prIvRege, {f you are 

not the intended recipient, you ana hereby notrfiecl that any disclosure or taldng of any action in reilanoe on the 

contents is shictiy prohibited. If you have received this transmission in error, piease contact us Immediately at 

(907) 277-BD01 so that we may an^ngs for return of the documents. 

FROM: Erin Marston • DATE; June 17,2011 

TOTAL PAGES TO BE SENT (including this iovor sheet); 6 • 

TIME OF TRANSMISSION: HARD COPY MAILEDTQYes nN o 

TO: NTSB-Administrative Law Judges . PAX: (202)314-6158 

Jof&ey Harper, Esq., FAA (425) 227-1007 

RE: Patrick Carty 

Commercial Pilot CcitifioateNo, 574164196 

COMMENTS/NOTES; 

Notice of Appeal and Objection, of Revocation ; 

IF ALL PAGES AJ%E NOT RECEIVED, 

CONTACT STAFF, AT 907-277-SOOl 
06/21/2011 06:49 4252271007 ANM7 PAGE 01/12 

FACSIMILE MESSAGE 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND AVENUE S.W. 

RENTON, WASHINGTON 98057 

The information contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use of the individual named on this cover sheet. 

If the reader of this message is not the intended recipient, you are hereby notified that any 

use, dissejnination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this facsimile in error, please immediately notify us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

RE: 

June 21,2011 

Docket Clerk AGC-430 

202-493^5142 

Complaint - FAA Case 

No.2010AL900e> 

Carty, Patrick 

NO. PAGES: ^ including cover 

FROM: 

FAX NO.: 425-227-1007 

PHONE NO.: 425-227-2007 

EMAIL: