2017-03-03 10:12 

In the Matter of: 

AWP7 - Legal Office 3107256816 >> 2022671293 

U.S. DEPARTMENT OF TRANSPOR'fATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Docket No: FAA-2015-3307 

FELTS FIELD A V !AT!ON 

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CascNo: 2015WP910090 

Respondent 

__ ) Judge J.E. Sullivan 

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COMPLAINANT'S MOTION FOR DECISION WITHOUT A HEARING OR, IN THE 

ALTEBNATIVE. MOTION TO LIMIT THE ISSUES AT ID:ARING TO SANCTION 

COMES NOW, the Federal Aviation Administration ("FAA" and "Complainant"), by and 

through counsel, pursuant to Title 14 of the Code of Federal Regulations, section 13.218(£)(5) (14 

C.F.R. § !3. 218(t)(5)), and file~ thi~ motion for a decision on the grounds that there are no genuine 

issues of material !act and Complainant is entitled to a decision as a matter of law. In the 

alternative, Complainant moves to limit the issues at hearing to sanction. 

I. FACTUAL BACKGROUND 

Felts Field Aviation ("Respondent") is the holder of a FAA-issued certificate authorizing 

it to conduct operations under Part 135 of the Federal Aviation Regulations. On or about April 

7, 2015, the FAA conducted an inspection of Respondent's drug and alcohol testing program. 

During it~ inspection, the FAA discovered Respondent failed to comply with the requirements of 

14 C.F.R. Part 120 and 49 C.F.R. Part 40 for its drug and alcohol testing program. Sp"'dfically, 

Respondent hired Richard Webber-a pilot-in 2008, buL lailed to add Mr. Webber to its 

random drug and alcohol testing pool until April 6, 2015. Mr. Webber was not included in the 

random selection pool during ~elections made in July 2013, October 2013, January 2014, April 

2014, July 2014, October 2014, and January 2015. Prior to adding Richard Webber to its 
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random drug and alcohol testing pool, Respondent allowed Mr. Wt~bbtlr to pt~rform ovt~r 60 part 

135 flights. 

On June 30, 2015, the FAA sent Respondent a Notice of Proposed Civil Penalty. The 

Notice of Proposed Civil Penalty advised Respondent that it was being assessed a civil penalty of 

$11,000 for its violations of14 C.F.R. §§ 120.105 and 120.215(a). On September 15,2015, the 

FAA sent Respondent a Final Notice of Proposed Civil Penalty advising Respondent for a 

second time that it was being assessed a civil penalty of $11,000 for its violations of 14 C.F.R. 

§§ 120.105 and 120.215(a). On September 17, 2015, Respondent tiled a request for u hearing. 

On September 22, 2015, the FAA served its Complaint alleging the following: 

I. Felts Field is now, and al all times mentioned herein was, the holder of a FAA-issued 

certificate No. GFVA247E authorizing it to conduct operations under Part 135 of the 

Federal Aviation Regulations (FAR). 

2. At all times relevant herein, Felts Field was required to comply with the requimmmts 

of 14 C.F.R. Part 120 and 4\l C. I' .R. Part 40 for its dmg and alcohol testing program. 

3. At all times relevant herein, Felts Field employed Richard Webber to perform safetysensitive duties, specifically to act as a pilot. 

4. Mr. Webber was not added to Felts Field's random drug and alcohol testing pool until 

on or about April6, 2015. 

5. As a result (Jf the above, Mr. Webb\lr was not includo:d in the random selection pool 

during selections made in Jnly 2013, October 2013, January 2014, April2014, 

July 2014, October 2014, and January 2015. 

6. Prior to April 6, 2015, Mr. Webber performed piloting duties, a safety-sensitive 

function, for Felts Field. 
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7. As a result ot' the above, Felts Fivld failed to ensure th~! ~uch employee that p~rforms 

u safety-sensitive hmction was subj~d to drug testing under a testing program 

implemented in uccordance with 14 C.P.R. Part 120. 

8. As a result of the above, Felts Field failed to ensure that each employee that performs 

a safety-sensitive function was subject to alcohol testing under a testing program 

implement in accordance with 14 C.F.R. Part 120. 

In response to the Complaint, Respondent filed an Answer on October 8, 2015. ln its 

Answer, Respondent admitted the allegations in paragraphs 1, 2, 3, and 6. Due to insuJlkient 

information Respondent denied the allegations in paragraphs 4, 5, 7, and &. 1 

On October 13, 2015, Respondent served Interrogatories and Requests for Production on 

the FAA. On July 8, 2016, the FAA responded to Respondent's Interrogatories and Requests for 

Production. On July 20, 2016, the FAA provided a supplemental response to Respondent's 

Interrogatories and Requests for Production. On July 21, 2016, the FAA served its First Set of 

Discovery R"'quests on Respondent. The FAA's First Set of Discovery Requests included eight 

(8) requests for admissions. On August 24, 2016, Respondent responded ll! the FAA's First Set 

of Discovery Requests and admitt"'d all of the requests for admissions. In its response to the 

requests for admissions Respondent admitted the following: 

1. Richard Webber was not added to Felts Field's mndom dmg and alcohol testing pool 

until on or about April6, 2015. 

2. Richard Webber was not included in the random selection pool during sekctions made in 

July of2013. 

3. Richard Webber was not included in the random selection pool during selections made in 

October of20!3. 

4. Richard Webber was not included in the random selection pool during selections made in 

January of2014. 

I See Answer and Affu1native Defense dated Oct.~. 2015 (Rxhibit C-1). 
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5. Richard Webber wa~ not included in the random >~lection pool during selection~ made in 

April of2014. 

6. Richard Webber wa, not included in the random selection pool during selections made in 

July of2014. 

7. Richard Webber was not included in the random selection pool during selections made in 

October of2014. 

8. Richard Webber was not included in the random selection pool during selections made in 

January of20152 

On September 14, 2016, Respondent served its First Set of Requests for Admissions on 

the FAA. On September 21,2016, the FAA responded to Respondent's First Set of Requests for 

Admissions. On November 21, 2016, the FAA sent a second supplemental response to 

Respondent's First Set of Interrogatories and Request for Production of Documents. 

II. STANDARD OF REVIEW 

Pursuant to 14 C.F.R. § l3.218(f)(S), a party may make a motion for decision, reg<trding 

<til or any part of the proceedings, at any time bdore the administrative law judge has ~~~ued un 

initi<tl d~dsion in the proceedings? The admini~trativ~ 1<~-w judge shall grant a party's motion for 

decision if the pleadings, depositions, answers to interrogatories, admissions, matfers that the 

administrative law judge has officially noticed, or evidence introduced during the hearing show 

that thtJre is no genuine issue of material fact and that the p<trty making the motion is entitled to a 

decision as a matter of law.4 A fact is "material" if it is capable of affecting the substantial 

2 See Complainant's First Set of Discovel)' Requests to Respondent with Answers and Disclosure of Expert 

Witnesses, dated Aug. 24, 2016 (Exhibit C-2), 

3 14 C.F.R § 13.21&(1)(5). 

4/d. 
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outcome of the litigation.; A dispute is "genuine" ifthe evidence is such th~t a reasonable trier of 

fact could return a vvrdict for the non-moving purty. 6 

Any motion for a decision on the merits prior to a testimonial hearing is reviewed under 

the same standard as a summary judgment motion under Rule 56 of the Federal Rules of Civil 

Procedure. 7 

HI. ARGUMENT 

A. The Complainant's motion should be gt·anted because there is no genuine issue of 

material fact 

The Complainant's Motion should be granted in this case because Respondent has 

admltted all the factual allegations in the Complaint and there is no issue of material fact. 

Looking collectively at Respondent's Answer to the Complaint and responses to Complainant's 

First Set of Discovety Requests, Respondent has admitted every material fact alleged in the 

complaint 

On October 8, 2015, Respond~nt ftl~d its Answer to the Complaint. In its Answer 

R<;>spondent admitted the allegations in paragraphs 1, 2, 3, and 6 t>fthe Complaint. Specifleally, 

Respondent admitted that it ht>lds FAA issued certificate numbt;Jr GFVA247E, and at all times 

relevant to this case R'spondent was required to comply with the requirements of 14 C.F.R. Part 

120 and 49 C.F.R. Part 40 for its drug and alcohol !~sting program8 Additionally, R\Ospondent 

511olcomh v. Powell, 433 F3.d 889, 895 (D.C. Clrcuit 2006); Anderson v. Liberty Lobby. Inc., 477 U.S. 242, 247-48 

(1986). 

6 See, Scolt v. Harris, 5550 US 372, 380 (2007); Liberty Lobby, Inc., 477 U.S. at 248, Holcomb, 433 F.3d at 895 

7 Horizon Air Industries. Inc., FAA Order No. 96·24, n.3 (Aug. 13, 1996). 

8 See Answer and AffimJative Defense dated Oct. 8, 2015 (Exhibit C·l ). 
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admitted it hired Richard Webber as a pilot; and prior to April 6, 2015, Mr. W!.'bb!.'r p!.'rformed 

piloting duties---a safety-sensitive function-for felts ficld 9 

Subsequently, on August 24, 2016, Respondent filed it$ rt:~pom;e to Complainant's First 

Set of Discovery Requests. In response to request for admissions Respondent admitted the 

allegations alleged in paragraphs 4 and 5 of the Complaint Rtlspondt:nt admitted Richard 

W cbbcr was not added to its random drug and alcohol testing pool tmtil on or about April 6, 

2015; and prior to April 6, 2015, Mr. Webber performed piloting duties, a safety-sensitive 

function, for Felts Field. 10 Respondent also admitted that Mr, Webber was not included in the 

random selection pool during selections made in July 2013, October 2013, January 2014, 

Apri\2014, July 2014, October 2014, and January 2015l 1 

As a result of Respondent's admissions, no genuine issue of material fact remains for a 

hearing. Respondent has admitted all of the allegations in paragraphs l through 6 of the 

Complaint The only paragraphs in the Complaint that Respondent has not admitted are 

paragraphs 7 and 8. However, the allegations in paragraphs 7 and 8 do not contain material 

facts. But rather, the allegations in paragraph 7 and 8 contain legal assertions that are 

uncontroverted. PursLiant to 14 C.P.R. §§ !20.105 and 120.215(a), Respondent was required to 

subject employees who perform safely-sensitive functions to dmg and alcohol testing in 

accordance with 14 CF.R. Part 120. Given the fact that Respondent admitted Richard Webber·-·-

a safety-sensitive employee-was not included in the random drug and alcohol selection pools 

during selections made in July 20!3, October 2013, January 2014, April2014, July 2014, 

9/d, 

10 See Complainant1

s First Set of Discovery Requests to Respondent with A.11swers and Disclosure of Experl 

Witnesses, dated Aug. 24,2016 (Exhibit C-2) 

11 !d. 
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October 2014, and January 2015, we can reasonably condude that Respondent lulled to ensure 

each employee who performs a safety~sensitivc function was subject to drug and alcohol testing 

under a testing program implemented in accordance with 14 C.F.R. P<~rt 120.12 Therefore, all 

elements necessary to prove the allegations in this case have been admitted, and no genuine issue 

of material fact remains for a hearing. 

B. Tt.c Complainant's motion should be granted because the Respondent's affirmative 

defense fails as a matter of law 

The Respondent's atlirmative dd\:nse that it reasonably relied upon a FAA approved 

provider whose duty was to monitor and advice Respondent of the obligations set Jorth in 14 

C.F.R. part 120 and 49 C.F.R. part 40 fails as a matter of law.D According to 49 C.F.R. § 

40.ll(a) and (b), Respondent is responsible for meeting and carrying out all of the drug and 

alcohol testing requirements set forth in 14 C.f.R. part 120 and 49 C.F.R. part 40; and 

Respondent is responsible for all actions of its officials, representatives, and agents. 14 

Furthcnnore, 49 C.P.R. § 40.!5(c) states that Respondent's good faith use of a service agent is 

not a defense in an entorcement action initiated by a Department of Transpm1ation ("DOT") 

Agency in which Respondent's alleged noncompliance with a DOT drug and alcohol regulation 

may have resulted from the service agent's conductY A service agent is any person or entity, 

l2 See Letter from Respondent dated Apr. 271 2015 1 stating "because of this oversight) we arc currently modifying 

our program by adding Co-Designated Employer Representatives to [e]nslll'e (sic) that this problem does not 

reoccur." (Exhibit C-3); See also Letter from Respondent dated Apr. 7, 2015, stating [Richard Webber] was not 

added to the random pooL I a<;lded him to the pool on4-6-l5 via tacsimile." (Exhibit C-4). 

13 See Answer and Affirmative Defense &,ted Oct 8, 2015 (Exhibit C-1). 

14 See 49 C.F.R. § 40.1!, which states: "(a) as an employer, you are responsible for meeting all opplicable 

requirements and procedures of this pmt. (b) You are responsible for all actions of your officials, reprc~entatives, and agents (including service agents) in canylng out the requirements ofthe DOT agency regulations.'' 

15 See 49 C.F.R. § 40.15(c) which states: "you remain responsible for compliance with all applicable requirements 

of this part and other DOT drug and alcohol testing regulations, even when you use a service agetlt. If you violate 

thh: part or other DOT drug and alcohol testing regulations because a service agent has not provided services as our 
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other than an employee of the employer, who provides ~ervices to employers and/or employees 

in connection with DOT drug and alcohol testing reguirements. 16 

Pursuant to 49 C.F,R. §§ 40.11 and 40. IS( c), Respond<;>nt has a responsibility to comply 

with all DOT drug and alcohol testing regulations, <md such responsibility may not be delegated 

to Respondent's agents. In this case Respondent used First Advantage as a service agent and 

relied on First Advantage to ensure compliance with 14 C.F.R. part 120 and 49 C.P.R. part 40. 

Respondent relied on First Advantage so heavily that it failed to notice Richard Webber was not 

included in the random drug and alcohol selection pools during selections made in July 2013, 

October 2013, January 2014, April2014, July 2014, October 2014, and Januat-y 201517 Indeed, 

Respondent relied on First Advantage so greatly that it failed to realize a safety-sensitive 

employee was not included in seven (7) consecutive random drug and alcohol sdection pools. 

Respondent's rdiance on First Advantage was not r<;>usom;ble; and its assertions of reliance on 

Fir:;t Advantage is not a valid defense, Pursuant to regulatory requirements, Respondent had a 

duty to comply with all DOT drng and alcuhol testing regulations-including 14 C.P.R. part 120. 

As a result, Respondent's failure to include Mr. Webber in seven (7) consecu!iv~ nmdom dmg 

and alcohol selection puuls was a breach of duty; and Respondent should be subject to sanctions. 

C. The Complainant's motion should be gra11tcd because a civil penalty of $11,000 is 

an appropriate sanction in light of the violations and FAA sanction guidance 

It is an undisputed fact that Respondent hired Richard Webber as a pilot, and failed to 

add Mr. Webber to its random drug and alcohol testing pool until April 6, 2015. Additionally, it 

rules require, a DOT agency can subject you to sanctions. Your good faith use of a service agent is not a defense- ln 

an enforccm~nl action lnitiated by a DOT agency in which your alleged noncompliance with this part or a DOT 

agency drug and alcohol regulation may have resulted from the service agent's conduct." 

16 49 C.P.R.§ 40.3, 
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is an undisputed fact that Mr. Webber was not included in the random sdection pool during 

selections made in July 2013, Odober 2013, January 2014, April2014, July 2014, October 2014, 

and January 2015. Prior to adding Richard Webber to its random drug and alcohol testing pool, 

Respondent allowed Mr. Webber to perform over 60 part 135 flights, IS 

For the multiple violations committed by Respondent, the Complainant seeks to assess a 

civil penalty of $11,000 against Respondent. Under 49 U .S.C. § 46301 (a), Respondent is subject 

to a civil penalty not to exceed $11,000 lor each of the violations alleged. The Complainant 

determined a total civil penalty of $11,000 was appropriate pursua11t to the guidance of FAA 

Order No. 2150.313. 

According to FAA Order 2l50.3B, a moderate to maxunum civil penalty is 

recommended for failing to include a safety-sensitive employee in fAA mandated drug and 

alcohol te~ting progr81lls. 19 A pilot is a safety-sensitive employee. Under the FAA's 

classifkations of operators, R<l~pondent is considered a Group IV operator. A maximum penalty 

for a Group IV operator ranges from $4,400 to $11 ,000; while a moderate penalty ranges from 

$2,200 to $4,3\1\1.20 

ln this case, Respondent failed t" include Richard Webber in its drug and alcohol 

program for years and allowed Mr, Webber to operate over 60 part 135 flights on its behalf. 

Failing to subject a flight crew member to random drug and alcohol testing for years wuld lead 

to the performance of safely-sensitive work in an impaired state. Respondent's failure to include 

Richard Webber in its random drug and alcohol testing progr81ll for such an extended period ,,r 

time and allowing Mr. Webber to operate part 135 flights on its behalf were careless acts that 

18 See Felts Pield Aviation, fnc., Duty and Flight Time Records for Richard Webber (Exhibit C·5), 

19 See FAA Order 2150.38, Appendlx B, fig. B·5·b(l). 

20 ld, at p. A-3- B·4. 
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posed a substantial thr.,at to air safety. Furthermore, Respondent's actions posed a high degree of 

hazard to the safety of the pllblic. Each time Respondent failed to include Richard Webber in a 

random drug and alcohol testing pool, while simultaneously permitting Mr. Webber to conduct 

safety~sensitive functions, was a violation of 14 C.F.R. §§ 120.105 and !20.215(a). As a result, 

such acts arc considered aggravating factors. 21 Consequently, the FAA assessed a maximum civil 

penalty of $11,000 for this case. Under the facts and drcumstances of this <:ase, a maximum 

civil penalty is consistent with the FAA's guidance in FAA Order 2150.3B. 

Accordingly, Complainant's selected civil penalty of $11,000 is within the range 

indicated in the FAA's sanction guidance, and is not arbitrary, capricious, or othetwisc not 

according to law. 

IV. CONCLUSION 

Based on the foregoing, Complainant is entitled to a decision in its favor that Respondent 

committed the violations charged and should be assessed a civil penalty of $11,000, In the 

allemative, Complainant moves for an order issuing a decision that Respondent committed the 

violations alleged, and limiting the scope of the hearing to the aml)unt of the civil penalty. 

Respectfully submitted, 

Naomi TSLlda 

Assistant Chief Counsel for Enforcement 

~y 

~--~ 

Enforcement Division, Westem Team 

P.O. Box 92007 

Los Angeles, CA 90009~2007 

Email: fatimah.stokley@faa.gov 

Telephone: (310) 725-7112 

Facsimile: (310) 725-6816 

21 See !d. at Ch. 7, para. 4. 
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Docket No. FAA-2015-3307 

Case No. 2015WP910090 

CERTIFICATE OF SERVICE 

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I hereby certify that on this date I have sent by Fac~imil~ and U.S. First Class Mail, the 

COMPLAINANT'S MOTION FOR DECISION WITHOUT A HEARING OR, fN THE 

ALTERNATIVE, MOTION TO LIMIT THE ISSUES AT HEARfNG TO SANCTION, 

addressed as follows; 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Departm~nt of Transportation 

1200 New Jersey Ave, S.E. 

East Bldg., Room Ell-310 

Washington, D.C. 20590 

Fax: 202-366-7536 

Federal Aviation Administration 

Ilearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1 000 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Fax: 202-267-1293 

Mark J. Conlin 

421 W. Riverside Ave., Suite 911 

Spokaue, WA 99201 

Fax: 509-623-1650 

Also by Email: mcon.lin@aviation-law.com 

Antonia Garcia, Mgmt. and Program Analyst 

Enforcement Division 

National Enforcement Program 

Weste(11 Team 

Federal Aviatiou Administration 

Lawndale, California 

Dated: March 3, 2017 
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In the Matter of: 

UNITED STAlE OF AMERICA 

DEPARTMENT O!' TRANSPORTATION 

OFFiCE OF HEARlNGS 

WAS!U:NGTON, D,C, 

) 

Felts Field Aviation, Inc. ) FAA Cu~~ No: 201SWP910090 

) 

) Judge Not Assigned 

ANSWER ANI) AlrFJRMATlVE DEFENSE 

The Respondent, through his undcrsigt1ed Counsel. l'csponds to tbo numbel'Cd 

l'aragmphs it\ the Administt·ator's Complnint us foll\iwo: 

1. Admit 

2. Admlt 

3. Admit 

4. D~ny- Insufficient information, therefore ckny. 

5. Deny -JJ\suftloicnt information, thorofare dct1y. 

6 Admit 

7. Deny --1usufi1cict\l information, thcrcfol'c deny 

8. Deny- [nsuf'l'idunt in!ol'lnatiot1, thot'Ci'ot·c derty 

ANSWER ANO AI'I'IRMATIVU DEFENSE· 1 1 014 

CONLJN, MALON£'{ & MlLLER. 

Arl'i.'>ll..NI!.Y~ A'r LA \V 

~?,1 W. lUVnllSil)O.AVti., &Ui'I'L! !}11 

Sl'OKANll, WA.'>HINr.'rQN 'J\I:C!)1 

{~tJtJ) t.~b1l~lt C-1 
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Respondent reserves the right to nmend this Answer. 

AFFIRMATIVE .DEFENSES 

'Respon~ent reasonably relied upon the FAA approved provid~r whos~ duly 

wa~ to monitor and advice the Respondent of the obligations set forth in 14 CFR 

l'art 12c and 49 CHZ Purt 40. 

RESPECTFULLY SUBMrTTED tl1is 8th day (lfOctober, 2015. 

ANSWP.R ANfl AFflmMATIVf' OEFP.NSR • 2 2 of 4 

CONLIN, MAi,ONBY II< MlLI,EI.'. A'l"l'()li,.NI)V~ Nr LAW 

•l:ll W. IUVtl\U:JI)I.! AVll.,RUI'l'f.l •nl 

"'l>KAN";;;::~;J!!~\'t-'f'"' 
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CERTIFICATE OF SERVICE 

I hereby certify that tlw foregoing Answer at;d At'firmative Defetlse ha> been 

served via facsimile and Regular Mall, this date, to the following: 

Fedet'al Aviation Ad111inistmtion 

800 lnd~pendcnce Avenue S.W 

Attn: Hcadng Docket Clork, AGC-430 

Wilbur Wright Building-- Suite 2Wl 000 

Washington DC.20591 

(202) 267-1293 

Mr, Raben Spitzer 

Federal Aviati.on Administration 

Offio~ ol'l\egionul Counsol - ANM-7 

Northweot Mountain Region 

1601 Lind Avcm1c, SW 

Renton, W A 98057 

(425) 227-1007 

DATED this 8'11 day ofOctobex, 2015. 

~-

At Vv~C~. Legul Assistant to Ma1·k Conlin 

ANSWi>:tt i\ND i\Fi"JRMA'I'IVH IJI!I'IiN~U" 3 

3 of 4 

CONLlN, MAl.()NEY & .MILLER 

ATTORNBV:i A"\' LA\'t/ 

m W, R!YmUiii/&1\VIl.,SUl'l'l! \JII 

~!Jl~KANt:l,WASI-lJNGTON ~\\WI 

($09) 62•1~:!020 

Exhibit C-i 
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• 

facsimile trans1nittal 

To: Mr. Roi)ort Spitzer 42S-227-t 007 

From: MarkJ. Conlin Daw 10·08·1$ 

i"l.arkJ. Coolin 

Conlin, l'rblotltY & Miller 

4;!.1 W Rtv~rt\Ut Av~llUC, 8\1ltc 91 I 

SpC1iol.l1-:, WA 9~01 

om,., <~09) o24-lolo 

--------------------~---------

Fells Fi<ld AvintiQn Pagea: 4 

• • • • 

0 For Review 0 Pleas& ~omment 0 Ploll\le Reply D Please Recyolo 

, ... , ... , ......... . 

4 of4 

Exhibit C-i 
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UNITED STATES OF AMERICA 

NATIONAL TRANSPORTATION SAFETY BOARD 

WASHINGTON, D.C. 

In the Matter of: ) 

) 

) 

) 

Felts Field Aviation, 

Respondent 

) 

) 

) 

) 

--~----~------------) 

FAA Case# 2015WP910090 

DOCKET NO: FAA-2015-3307 

JUDGE J.E. SULLIVAN 

COMPLAINANT'S FIRST SET OF 

DISCOVERY REQUESTS TO RESPONDENT 

WITH ANSWERS 

AND 

DISCLOSURE OF EXPERT WITNESSES 

REQUESTS FOR ADMISSIONS 

Complainant requests that the Respondent make the following admissions: 

1. Admit that Richard Webber was not added to the Felts Field random drug 

and alcohol testing pool until on or about April6, 2015. 

ANSWER Admit 

2. Admit that Richard Webber was not included in the random selection pool 

during selections made in July 2013. 

ANSWER: Admit that First Advantage had not placed Richard Webber 

into the random selective pool 

3 Admit that Richard Webber was not included in the random selection pool 

during selections made in October 2013. 

COMPLAINANT'S FIRST SET OF DISCOVERY 

p 17/40 

REQUESTS TO RESPONDENT WITH ANSWERS 1 of !!>ago -1 Exhibit C-2 
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ANSWER: Admit that First Advantage had not placed Richard Webber 

into the random selective pooL 

p 18/40 

4, Admit that Richard Webber was not included in the random selection pool 

during selections made in January 2014. 

ANSWER: Admit that First Advantage had not placed Richard Webber 

into the random selective pooL 

5 Admit that Richard Webber was not included in the random selection pool 

during selections made in April 2014 

ANSWER: Admit that First Advantage had not placed Richard Webber 

into the random selective pooL 

6, Admit that Richard Webber was not included in the random selection pool 

during selections made in July 2014, 

ANSWER Admit that First Advantage had not placed Richard Webber 

into the random selective pooL 

7. Admit that Richard Webber was not included in the random selection pool 

during selections made in October 2014. 

ANSWER: Admit that First Advantage had not placed Richard Webber 

into the random selective pooL 

8, Admit that Richard Webber was not included in the random selection pool 

during selection made in January 2015. 

ANSWER: Admit that First Advantage had not placed Richard Webber 

into the random selective pool 

INTERROGATORIES 

1. Identify by name, address, and telephone number all persons whom you 

know to have personal knowledge of the matters in the Complaint 

ANSWER: See Items of Proof, 

2. Identify by title, date, author, present custodian, and content, all 

documents, including correspondence, obtained by you or in your 

possession relating to the assertions in the Complaint, your request for a 

COMPLAINANT'S FIRST SET OF DISCOVERY 

REQUESTS TO RESPONDENT WITH ANSWERS 2 ofeage- 2 Exhibit C-2 
2017-03-03 10:15 AWP7 - Legal Office 3107256816 >> 2022671293 

hearing, your answer, and any affirmative defenses which you anticipate 

raising in this matter. See Request for Production No. 1. 

ANSWER: Objection - Work Product. Without waiving the objections 

see Items of Proof. 

3. Identify by name, address, and telephone number, all persons whom you 

intend to have testify as a factual or expert witness in your defense at the 

hearing in this matter, and for factual witnesses, provide a detailed 

summary of each person's anticipated testimony. 

ANSWER: Expert Witness 

Fact Witness·. 

William B. Bender, USAF Retired 

Greg Goeden 

These witnesses will provide testimony as to the protocol established by 

First Advantage and the agreement between First Advantage and the 

Certificate Holder. 

4. Identify by title, date, author, present custodian, and content, all 

documents which you anticipate offering into evidence or using at the 

hearing in this matter. See Request for Production No.2. 

ANSWER: See Items of Proof. 

5. With respect to each expert witness identified in response to Interrogatory 

No. 3. Specify their specific area of expertise and provide a synopsis of 

their credentials, background, training and experience. 

ANSWER: Walter W. Bender is an experienced pilot and retired fighter 

pilot with the USAF. He is very experienced with 14 C.F.R. Part 135 

operations, including positions as Directors of Operation/Chief Pilot 

Colonel Bender holds an Airline Transport Rating and a CFI-1 (See 

Curriculum Vitae at Exhibit A) 

6. With response to each expert you expect to ca II as a witness, state the 

subject matter on which the expert is expected to testify, the substance of 

the facts and opinions to which the expert is expected to testify and 

provide a summary of the grounds for each such opinion. 

ANSWER: Mr. Bender will testify as to the relationship between the 

Certificate Holder and the authorized provider and the duties and 

responsibilities of both. 

7. Describe with specificity all of the facts which you anticipate presenting 

during the course of the hearing in this matter pertaining to the avoidance 

or mitigation of the sanction sought by the FAA in this case. 

p 19/40 

COMPLAINANT'S FIRST SET OF LliSCOVER.Y 

REQUESTS TO RESPONDENI WITH ANSWERS 3 of~age. 3 Exhibit C-2 
2017-03-03 10:15 AWP7 - Legal Office 3107256816 >> 2022671293 p 20/40 

ANSWER: Financial records of the Certificate Holder will be submitted 

in the hearing pertaining to the hardship of the penalties. 

8. For each allegation in the Complaint that is denied -whether outright or 

as a result of having insufficient information or knowledge from which to 

form a belief as to the truth of the allegation, in whole, or in part - state 

with specificity the facts that are the basis for that denial as well as the 

inquiries taken to determine that the allegation in the Complaint is not 

correct. See Request for Production No. 3 

ANSWER: The Respondent denied four allegations in the Complaint; 4., 

5., 7., and 8.: 

4. Mr. Webber was not added to Felts Field' random drug and alcohol 

testing pool until on about April6, 2015. 

ANSWER: Deny- Insufficient information, therefore deny. 

FACTUAL BASIS: At the t1me of the Respondent's Answer, the 

Respondent had insufficient information The Respondent 

answered the complaint on October 8, 2015. Respondent did not 

receive answers to Respondent's Interrogatories, the Enforcement 

Investigation Report, or any Items of Proof until July 11, 2016. 

INQUIRIES TAKEN: 

communications. 

Objection - Privileged Attorney-Client 

5. As a result of the above, Mr. Webber was not included in the 

random selection pool during selections made in July 2013, 

October 2013. January 2014, April 2014, July 2014, October 2014, 

and January 2015. 

ANSWER: Deny- Insufficient information, therefore deny. 

FACTUAL BASIS: At the time of the Respondent's Answer, the 

Respondent had insufficient information. The Respondent 

answered the complaint on October 8, 2015. Respondent did not 

receive answers to Respondent's Interrogatories, the Enforcement 

Investigation Report, or any Items of Proof until July 11, 2016. 

INQUIRIES TAKEN: 

communications 

Objection - Privileged Attorney-Client 

7. As a result of the above, Felts Field failed to ensure that each 

employee that performs a safety-sensitive function was subject to 

COMP~AINANT'S FIRST SoT OF OISCOVERY 

REQUESTS TO RESPONDENT WITH ANSWERS 4 ot:t&ge • 4 Exhibit C-2 
2017-03-03 10:15 AWP7 - Legal Office 3107256816 >> 2022671293 

drug testing under a testing program implemented in accordance 

with 14 C R.R. Part 120. 

ANSWER: Deny -lnsufficrent information. therefore deny. 

FACTUAL BASIS: At the time of the Respondent's Answer, the 

Respondent had insufficient information. The Respondent 

answered the complaint on October 8, 2015. Respondent did not 

receive answers to Respondent's Interrogatories, the Enforcement 

Investigation Report, or any Items of Proof until July 11, 2016. 

INQUIRIES TAKEN 

communications. 

Objection - Privileged Attorney-Client 

8. As a result of the above, Felts Field failed to ensure that each 

employee that performs a safety-sensitive function was subject to 

alcohol testing under a testing program implement in accordance 

with 14 C.F.R Part 120. 

ANSWER: Deny- Insufficient information, therefore deny. 

FACTUAL BASIS: At the time of the Respondent's Answer, the 

Respondent had insufficient information. The Respondent 

answered the complaint on October 8, 2015. Respondent did not 

receive answers to Respondent's Interrogatories, the Enforcement 

Investigation Report, or any Items of Proof until July 11, 2016. 

INQUIRIES TAKEN 

communications. 

Objection - Privileged Attorney-Client 

9. For any Requests for Admission that are denied -whether outright or as a 

result of having insufficient information or knowledge from which to form a 

belief as to the truth of the allegation, in whole, or in part - state with 

specificity the facts and evidence which are the basis for the denial as well 

as the inquires taken to determine that the facts in the Request for 

Admission are not correct. See Request for Production No.4. 

ANSWER: No Requests for Admissions were denied. 

10. Describe with specificity all facts and evidence you intend to rely upon in 

support of any affirmative defenses raised in any Answer to Complaint. 

See Request for Production No. 5. 

ANSWER: Testimony will include, but not be limited to, the provider's 

responsibility to the Certificate Holder concerning compliance with the 

drug/alcohol program. 

p 21/40 

COMPLAINANT'S FIRST SET OF DISCOVERY 

REQUESTS TO RESPONDENT WITH ANSWERS 5 o~ge- 5 Exhibit C-2 
2017-03-03 10:15 AWP7 - Legal Office 3107256816 >> 2022671293 

REQUESTS FOR PRODUCTION 

Request for Production No. 1: Provide a copy of all documents referred to in 

your answer to Interrogatory No. 2. 

ANSWER: See Items of Proof. 

Request for Production No. 2: Provide a copy of all documents referred to in 

your answer to Interrogatory No.4. 

ANSWER: See Items of Proof. 

Request for Production No. 3: Provide a copy of all documents that support your 

answer to Interrogatory No. 8. 

ANSWER: Objection - Work Product and Privileged Attorney-Client 

communications. Without waiving the objections, see Items of Proof. 

Request for Production No. 4: Provide a copy of all documents that support your 

answer to Interrogatory No.9. 

ANSWER: See Items of Proof 

Request for Production No. 5: Provide a copy of all documents that support your 

answer to Interrogatory No. 10. 

ANSWER: See Items of Proof 

Request for Production No. 6: Provide a copy of all exhibits that you intend to 

offer or will use during the hearing in this matter. 

ANSWER: See Items of Proof. 

p 22/40 

COMPLAINANT'S FIRST SET OF OISCO\IERY 

REQUESTS TO RESPONDENT WITH ANSWERS 6 off!bge- 6 Exhibit C-2 
2017-03-03 10:15 AWP7 - Legal Office 3107256816 >> 2022671293 

DATED this z..y'lll day of August, 2016. 

COMPLAINANT'S FIRST SET OF DISCOVERY 

REQUESTS TO RESPONDENT WITH ANSWERS 7 of llage • 7 

Respectfully submitted, 

CONLIN, MALONEY & MILLER 

Counsel 

~~ for Respondent 

421 W Riverside Ave, Suite 911 

Spokane, WA 99201 

(509) 624-3020 

Exhibit C-2 

p 23/40 
2017-03-03 10:15 

Certificates/ 

Ratings 

Experience 

Qualifications 

Education 

AWP7 - Legal Office 3107256816 >> 2022671293 

Exhibit A 

WALTER W. BENDER 

4412 Meadow Ranch Avenue, Coeur d'Alene ID 8381!5 

Phone/ 208 699 5722 

E-mail ,vwbender@earthlink.ne\ 

p 24/40 

Aviation Experience 

ATP (MEL}. Commercial (SEUSES). CFII (SMEL). Type ratings: Douglas DC-3, 

North American Rockwell N-265 Sabreliner. Second Class Medical Certificate. 

Approximately 9500 fiying hours, over 8000 as PIC/flight instructor/examiner. 3500 

muttl-engine, 1000 actual instrument, 1000 n·lght, 3500 turbine and turboprop, 1200 

combat. Overseas operations in Europe, Middle East and Southeast Asia. Experienced 

in- Pilatus PC-12 (currently flying Part 135); most Cessna single and twin engine 

pistons, plus 441 ,T·37; Piper single engine pistons plus Seneca and Aerostar; Mooney: 

Beech singles, Duchess and Baron; YAK 52; Nanchang CJ-6; Lear 31A (SIC); 

McDonnell Douglas F-4C/DIE, Lockheed T-33; North American N-265, T-28: Fairchild 

C-123. 

Flight/academic instructor, operational pilot, fiight commander, chief of aircrew 

evaluation, deputy director of wing ~ying operations, base commander- United States 

Air Force, 1960·1982. Graduate, UniVers·~y of Southern carrtomia aircraft accident 

investigation course; experienced accident investigator. Active in general aviation from 

since 1960. Instructed at Amertcan Flyers (Part 141) fiighttraining, Santa Monica CA 

1981-1993. Responsible for airiine simulator training operation at Hughes UK Ltd. in 

England, 1993-1999, Chief piloVDirector of Operations for Part 135operati()n at Felts 

Field Aviation, Spokane Washington since 2004 Oversee four pilots fiylng Pilatus PC-12 

and Cessna T-210. Volunteer instructor for FAAST pilot proficiency programs, plus 

formation training (FAST qualification) for Red Star Pilot$ Association, Participate in 

charit.,ble flying with Angel flight West; also serve on J'>oard of directors with 

responsibilities for flying safety and new pilot orientation, Serve on Coeur d'Alene airport 

adviso!)" board, 

BS Physiology/Chemistry, University of Wyoming; MS Systems Management, University 

of Southern California. Graduate- Armed Forces Staff College, NATO Del.;nse 

College, Industrial College of the Armed Forces. Attended advanced/executive 

management co~rses at Defense Systems Management College, Wharton Business 

School at University of Pennsylvania and University of Southern California. 

Organizations Aircraft Owners and Pilots Association (40 years), Order of Daedalians (rnili1ary aviators 

honorary society), National Association of Flight Instructors, Fellow- Royal 

Aeronautical Society (UK). Air Force AssociaUon, Red River Fighter Pilots 

Association, Angel Flight West. Idaho Aviation Association. 

COMPLAINANT'S FIRST SET OF DISCOVERY 

REQUESTS TO RESPONDENT WITH ANSWERS 6 c4-Rg•- s Exhibit C-2 
2017-03-03 10:15 AWP7 - Legal Office 3107256816 >> 2022671293 

CERTIFICATE OF MAILING 

I hereby certify that the foregoing original of the Complainant's First Set of 

Discovery Requests to Respondent with Answers and Disclosure of Expert 

Witnesses was mailed, postage prepaid, emailed, and a copy faxed to: 

Fatimah Stokley, Attorney 

Federal Aviation Administration 

Office of the Chief Counsel 

Enforcement Division, Western Team 

P.O. Box 920007 

Los Angeles, CA 90009-2007 

Fax: (310) 725-6816 

"-

J. /(<1- Dated this "1' day of August, 2016 

c~~'" j)vl)\ Gwenn Kubik 

Assistant to Mark J. Conlin 

p 25/40 

COMPLAINANT'S FIRST $ET OF DISCOV~RY 

REQU~STS TO Rl;SPONDENT WITH ANSWERS 9 of'9ge ~ 9 Exhibit C-2 
2017-03-03 10:16 AWP7 - Legal Office 3107256816 >> 2022671293 

April 27, 2015 

Ms. Simone Clinton, AAM-850 

Federal Aviation Administration 

Office of Aerospace Medicine 

Drug Abatement Division 

15000 Aviation Boulevard, Room 5012 

Lawndale, CA 90261 

RE: Felts Field Aviation 2015WP910090 

p 26/40 

We are in receipt of your correspondence of April 16, 2015. Our employee, Richard 

Webber, was enrolled with First Advantage at the time he was employed as a Charter 

Pilot in 2008. That test was reported under the name Felts Field Aviatiort and was 

conducted under Account Number 146523-00000. This name and account number has 

been used continuously since the date of Mr. Webber's testing. 

At no time, did Felts Field Aviation request that Mr. Webber's name be deleted from the 

list of employees requiring drug/alcohol testing. At no time, did Felts Field Aviation 

receive a notice from First Advantage that Mr. Webber was being removed from the 

program. It is unknown why his name did not continue on the roster after being enrolled 

in 2008. Mr. Webber was reentered into the program on April 6, 2015 by Felts Field 

Aviation, 

Because of this oversight, we are currently modifying our program· by adding CoDesignated Employer Representatives to insure that this problem does' not reoccur. 

The two employee sharing this responsibility will be located at the airport facility and be 

responsible for compliance with 14 CFR Part 120 and 49 CFR Part 40. 

Both the Designated Employer Representatives have a long successful career in 

performing aviation administrative duties. They are presently preparing to assume 

these responsibilities in the near future. If you have any questions, please feel free to 

contact me at any time. 

Respectfully, . 

/ /· 

• i (t:r:[~· .· iJ __ .. c- /..____ '.\ .. ·(..··l·. -..... 

David A. Klaue 

Felts Field Aviation 

'A Professional Transportation Corporation" 

FELTS FIELD AVIATION, INC. • ,,r, "'~' 1

1

1

1077 • Spokafle, WA 99?11 • (509) 535·9~1~ibitC· 3 www.felts~1eld.com 
2017-03-03 10:16 AWP7 - Legal Office 3107256816 >> 2022671293 

Office of the President 

Eric Wells 

FAA-Office of Aerospace Medicine 

Drug Abatement Division 

15000 Aviation Blvd, Room 5014 

Lawndale, CA 90261 

Dear Mr. Wells, 

Per your request, please find the following: 

April7, 2015 

1.) I was not able to match my schedule with William Gay for the purpose of performing a random 

drug and a random alcohol test as selected on 4-5-13. My schedule requires me to travel 

approximately 50% of the time out of the immediate area. William Gay is a part-time employee 

of Felts Field Aviation that works another job at a location in North Idaho. 

2.) I did not test Richard Smith as selected on 7-4-14 as he is longer employed with Felts Field 

Aviation. His last employment was 10-30-2009. 

3.) Richard Webber received a pre·employment drug test prior to his 3ddition to our pilot pool on 

12-2-10. However, he was not added to the random pool. I added him to the pool on4-6-15 via 

facsimile. In addition, I will attempt to find the result from that test for you. 

If you should need any additional information, let me know. 

s~~;relx -L~--/ / L.~ / ,..,. .• -·< ·', 

lan;/schmedding ·' ' 

Felts Field Aviation 

'11 Professional Transportation Corporation" 

FiELTS FIELD AVIATION, INC_ • P.O. Box 11877 • Spokane, WA 99211 • (509) 535-9011 

p 27/40 

www.le~'>li&ld.com oxhioit C-4 
2017-03-03 10:16 AWP7 - Legal Office 3107256816 >> 2022671293 p 28/40 

FEL'rS FIELD AVIATION, INC ., _,· 

Duty and Flight Time Record 

PILOT. Richard J. Webber 

MONTH -~--~M.:;:a~r~Gh'---____ YEAR: 2015 

PAGE 1 OF 2 Note: FAR Part 91 Landings Included 

I DUTY TIME II BLOCK TIMES II REMARKS II DAY TOTALS II NIGHT TOTALS I 

I DATE I START I STOP II OUT I IN 

I 91/135/0FF/ETC I FLIGHT I LANDINGS I FLIGHT LANDINGS 

SEL I MEL SEL MEL 

3/1 Off 

3/2 Off 

3/3 0730 1000 0800 0945 91 18 

3/4 Off 

3/5 0730 oaoo 0930 91 1.5 

3/5 1430 1230 1405 91 16 

3/6 Oft 

3/7 Oft 

3/8 Off 

3/9 Oft 

3/10 0730 1000 0800 0945 91 1.7 

3/11 Oft 

3/12 0530 0606 0707 91 1 1 

3/12 0741 1046 135 3.1 1 

3/12 1900 1720 1836 135 1.2 1 

3/13 1300 1420 1657 135 2.6 1 

3113 1900 1718 1803 91 0.7 1 

3/16 0615 0734 0849 135 1.3 1 

3/16 1245 1316 135 0.5 1 

3/16 1630 1508 1538 135 0.5 1 

3117 1000 1530 1250 1420 135 1.5 1 

3/18 1200 1500 1230 1430 91 2 1 

3/19 1215 1252 1425 135 1.6 1 

3/19 2430 2246 2410 135 

3/20 1200 

1.4 1 

1226 1348 91 1.2 1 

3/20 1407 1o21 135 1.3 1 

3/20 1630 1522 1540 91 0.3 1 

THIS MONTH'S TOTALS 25.4 14 1.4 1 

LAST MONTH'S YEAR TO OAT~ & LAST MONTH'S LANDINGS 

TOTAL TIME YEAFl TO DATE AND LANDINGS 

FOR THE MONTH PRIOR TO lAST 

TOTAL LANDINGS FOR THE 

PREVIOUS 90 DAYS 

I certify that I am in compliance with FAR Part 135.247 

PILOT'S SIGNATURE and 135.267 

1of 13 l::xt"JitlltV-tl 
2017-03-03 10:16 AWP7 - Legal Office 3107256816 >> 2022671293 p 29/40 

FEL.J FIELD AVIATION, INC 

Duty and Flight Time Record 

PILOT: Richard J. Webber 

MONTH ----~Ja~n:;:u~ary.J._ ____ YEAR: 2015 

PAGE OF 2 Note: FAR Part 91 Landings Included 

1\ DUTY TIME I BLOCK TIMES ! REMARKS I DAY TOTALS NIGHT TOTALS 

I DATE I START! STOP I OUT IN 91/135/0FFIETC FLIGHT LANDINGS FLIGHT LANDINGS 

SEL MEL SEL MEL 

1/1 Off 

1/2 Off 

1/3 Off 

1/4 Off 

115 Off 

116 Off 

1!7 Off 

118 Off 

119 Off 

1/10 Off 

1/11 Off 1/12 Off 

1/13 0515 0625 0729 135 1' 1 1 

1/13 0913 1043 135 1_5 1 

1/13 1630 1343 1545 135 2 1 

1114 Off 

1/15 Off 

1/16 1730 1800 1600 1740 91 1.7 

1/17 1000 1200 1030 1150 91 1.4 

1118 Off 

111 g 1000 1130 1015 1130 91 1.1 1 

1120 Off 

1121 Off 

1122 Off 

1123 Off 

1124 Off 

1125 Off 

1/26 1300 1345 1518 135 1.5 1 

1/26 1745 1536 1649 91 1.3 1 

THIS MONTH'S TOTALS 116 6 0 0 

LAST MONTH'S YEAR TO OAT~ & LAST MONTH'S LANDINGS 

TOTAL TIME YEAR TO DATE AND LANDINGS 

FOR THE MONTH PRIOR TO LAST 

TOTAL LANDINGS FOR THE 

PREVIOUS 90 DAYS 

I certify that I am in compliance with FAR Part 135.247 

PILOT'S SIGNATURE; and 135.267 

2of 13 C> -
2017-03-03 10:16 AWP7 - Legal Office 3107256816 >> 2022671293 p 30/40 

FEb,-$ FIELD AVIATION, INC 

Duty and Flight Time Record 

PILOT'. Richard J. Webb<lr 

MONTH ____ ___:.Ja~n:,::u~ary:.!__ ____ YEAR: 2015 

PAGE 2 OF 2 Note; FAR Part 91 Landlng& lnchJCfed 

DUTY TIME BLOCK TIMES I REMARKS II DAY TOTALS II NIGHT TOTALS 

DATE 

I START STOP [ OUT I IN 

I 911135/0Ff/ETC II FLIGHT I LANDINGS I FLIGHT LANDINGS 

SEL 

1127 

I MEL SEL MEL 

Off 

1128 Off 

1129 0615 0657 0840 135 1.6 1 

1129 1830 0553 1725 135 1.6 1 

1/30 Off 

1131 Off 

TriiS MONTH'S TOTALS 

14.8 8 0.0 0 

lAST MONTH'S YEAR TO tJATE & LAST MONTH'S LANDINGS 0 0 0 0 

TOTAL TIME Y~AR TO DATE AND LANDING$ 

FOR THE MONTH 

14.8 8.0 0 0 

PRIOR TO LAST 19.8 10 4.9 3 

TOTAL LANDINGS FOR THE 

!Z~- f,J~ PREVIOUS 90 DAYS 22 5 

I certify that I am in compliance with FAR Part 135.247 

PILOT'S SIGNATURE and 135.267 

3 af 13 Exhibit C-5 
2017-03-03 10:16 AWP7 - Legal Office 3107256816 >> 2022671293 p 31/40 

FE~o_<S FIELD AVIATION, INC 

Duty and Flight Time Record 

PILOT: Richard J. Webber 

MONTH -~~~...:.N.:..:oc:.ve:::m,b:.:-e..__r ~---YEAR: 2014 

PAGE 1 OF 2 Note: FAR Part 91 Landings Included 

I DUTY TIME I BLOCK TIMES I REMARKS II DAY TOTALS II NIGHT TOTALS I 

I DATE I START I STOP I OUT IN 911135/0FF/ETC I FLIGHT I LANDINGS I FLIGHT LANDINGS 

SEL I MEL SEL MEL 

1111 Off 

1112 Off 

1113 Off 

1114 Off 

1115 1530 1600 1735 91 1.6 

1115 2030 1830 2015 91 1.8 

111~ 1200 1430 1210 1410 91 2 

1117 1200 1430 1245 1420 91 1.6 

1118 0900 1018 1050 91 0.5 1 

11/8 1101 1202 135 1 1 

11/B 1400 1224 1315 91 0.9 1 

1119 0830 0923 1022 91 1 1 

11/9 1045 1141 135 0.9 1 

11/9 1300 1200 1218 91 0.4 1 

11/10 0800 0915 1025 135 1.2 1 

11110 1100 1255 135 1.9 1 

11/10 1600 1325 1520 91 1.7 1 

11111 Off 

11112 Off 

11/13 Off 

11/14 Off 

11115 Off 

11116 Off 

11117 Off 

11118 Off 

11119 Off 

11120 Off . 11121 Off 

11122 Off 

11123 Off 

THIS MONTH'S TOTALS 16.5 9 0 0 

LAST MONTH'S YEAR TO DATE & LAST MONTH'S LANDINGS 

TOTAL TIME YEAR TO DATE AND LANDINGS 

FOR THE MONTl-1 PRIOR TO LAST 

TOTAL LANDINGS FOR THE 

PREVIOUS 90 DAYS 

I certify that I am in compliance with FAR Part 135.247 

PILOT'S SIGNATURE 'lnd 135.267 '· . 

4 of 13 t.Xhlblt G-b 
2017-03-03 10:16 AWP7 - Legal Office 3107256816 >> 2022671293 p 32/40 

FEL--l'S FIELD AVIATION, INC 

Duty and Flight Time Record 

PILOTe Richard J. Webber 

MONTH November YEAR: --------~~~-------- 2014 

PAGE 2 OF 2 Note: FAR Part 91 Landings Included 

DUTY TIM!= I BLOCK TIMES II REMARKS I DAYTOIALS NIGHT TOTALS 

DATE START STOP I OUT I IN I 91/135/0FF/ETC FLIGHT I.AN_[JJNGS FLIGHT LANDINGS 

SEL MEL SEL MEL 

11/24 Off 

11/25 Off 

11/26 Off 

11127 0430 0522 0623 91 1 1 

11/27 1130 0710 1028 135 3.3 1 

11128 Off 

11/29 1600 1705 2005 135 3 1 

11/29 2215 2034 2127 91 0.9 1 

11/30 Off 

THIS MONTHS TOTALS 

19.8 10 4.9 3 

LAST MONTH'S YEAR TO DATE & LAST MONTH'S LANDINGS 239.7 132 8.6 17 

TOTAL TIME YEAR TO DAT6 AND LANDINGS 2595 142.0 13.5 20 

FOR THE MONTH PRIOR TO LAST 50.6 35 05 2 

TOTAL LANDINGS FOR THE 

t2tl~t Wf-~ PREVIOUS 90 DAYS 50 9 

I certify that Jam in compliance with FAR Part 135.247 

PILOT'S SIGNATURE and 135.267 

5 of 13 . OX<)IDIU->0 , 
2017-03-03 10:17 AWP7 - Legal Office 3107256816 >> 2022671293 p 33/40 

FEL-.3 FIELD AVIATION, INC " 

Duty and Flight Time Record 

PILOT; Richard J. Webber 

MONTH ----=S"'ep::;.te"'m:.:;b;;.:e::..r ____ YEAR: 2014 

PAGE 1 OF 2 Note: fAR Part 91 Landings Included 

DUTY TIME II BLOCK TIMES II REMARKS II DAY TOTALS II NIGHT TOTALS I DATE START STOP l OUT 

I IN 

I 91/135/0FF/ETC I FLIGHT I LANDINGS I FLIGHT LANDINGS 

SEL I MEL SEL MEL 

9/1 Off 

9/2 0815 1200 0858 1120 135 2.4 1 

9/2 2030 2230 2100 2215 91 1.2 

9/3 Off 

9/4 Off 

9/5 Off 

9/6 1100 1330 1130 1300 91 1.5 

Sfl Off 

9/8 Off 

9/9 Off 

9/10 Off 

9/11 1115 1148 1312 135 1.4 1 

9/11 1345 1519 135 1.6 1 

9/11 1630 1525 1552 91 0.4 1 

9/12 0700 0716 0813 135 1 

9/12 1000 1115 91 1.3 4 

9/12 1730 1549 1647 135 1 

9/13 Off 

9/14 1000 1300 1045 1230 91 1.7 1 

9/15 0545 0634 0750 135 1 3 1 

9/15 1015 0808 0916 91 1.1 1 

9/16 1015 1215 1030 1140 91 1.7 

9/16 0800 1015 0845 1005 91 1.3 4 

9/17 Off 

9/18 0445 0530 0631 91 1 1 

9/18 0700 0745 135 0.8 1 

9/18 1701 1744 135 0,8 1 

9/18 1915 1748 1837 91 0.8 1 

THIS MONTH'S TOTALS 22.3 19 0 0 

LAST MONTH'S YEAR TO DATE & LAST MONTH'S LANDINGS 

TOTAL TIME YEAR TO DATE AND LANDINGS 

FOR THE MONTH PRIOR TO LAST 

TOTAL LANDINGS FOR THE 

PREVIOUS 90 DAYS .. 

I certify that I am in compliance with FAR Part 135.247 

PILOT'S SIGNATURE and 135.267 

00 11 3 . ·C.i"-DlDII \..r~· 
2017-03-03 10:17 AWP7 - Legal Office 3107256816 >> 2022671293 p 34/40 

FEL:.o FIELD AVIATION, INC 

Duty and Flight Time Record 

PILOT: Richard J. Webber 

MONTH --~-.:::S_,ep"-'te,mc::b:.::e::_r ____ YEAR: 2014 

PAGE 2 OF 2 Nate: fAR Part 91 Landings Included 

I DUTY TIME II BLOCK TIMES II REMARKS II DAY TOTALS II NIGHT TOTALS I 

I DATE I START I STOP II OUT 

I IN 

I 911135/0FF/ETC I FLIGHT I LANDINGS I FLIGHT 

LANDINGS 

SEL I MEL SEL MEL 

9/19 0930 1050 1200 91 1 '1 2 

9119 1234 1350 91 1.3 1 

9119 1400 1517 135 1.3 1 

9/19 1630 1518 1535 91 0.3 1 

9/20 Off 

9121 Off 

9/22 0545 0627 0745 135 1.3 1 

9/22 1030 0810 0914 91 1 '1 1 

9/23 0830 0915 1050 91 1.6 

9/23 1300 1130 1220 91 0.8 

9/24 0900 0925 1030 91 1' 1 1 

9124 1200 1315 1445 135 1.4 

9/24 1800 1635 1745 135 1.2 

9/24 1900 2030 1930 2000 91 0.5 2 

9125 0745 0835 1016 135 1.7 

9125 2145 1945 2110 135 14 

9126 0900 1145 0930 1115 91 1.8 2 

9/26 1200 1245 1358 91 1.2 1 

9/26 1407 1524 135 12 1 

9/26 1630 1527 1544 91 04 1 

9127 1300 1600 1330 1530 91 2 

9128 1000 1230 1045 1220 91 1.6 

9/29 0615 0703 0845 135 1.7 1 

9/29 1615 1460 1620 135 1.5 1 

9130 0830 1030 0900 1015 91 1.3 1 

THIS MONTH'S TOTALS 

50.6 35 0.5 2 

I.AST MONTH'S YEAR TO DATE & LAST MONTH'S LANDINGS 172.2 92 3.5 11 

TOTAL TIME YEAR TO DATE AND LANDINGS 222.8 127.0 4 13 

FOR THE MONTH PRIOR TO LAST 30.6 19 0 0 

TOTAL LANDINGS FOR THE 

;tfk~wA/. PREVIOUS 90 DAYS 80 .,,. 5 

I certify that I am in compliance with FAR Part 135 247 

PILOT'S SIGNATURE ·and 135.267 

·' 

7 of 13 Exh1b1t C 5 
2017-03-03 10:17 AWP7 - Legal Office 3107256816 >> 2022671293 p 35/40 

FEL-.S FIELD AVIATION, INC 

Duty and Flight Time Record 

PILOT: Ricnard J. Webber 

MONTH _____ _:J.;:.u"-1 _____ YEAR 2014 

PAGE 1 OF 2 Note: FAR Part 91 Landings Included 

DUTY TIME BLOCK TIMES I REMARKS II DAY TOTALS II NIGHT TOTALS I 

DATE START STOP OUT IN 91/135/0FF/ETC FLIGHT LANDINGS FLIGHT LANDINGS 

SEL MEL SEL MEL 

7/1 Off 

712 1500 1700 1530 1635 91 1.1 

713 0500 0530 0631 91 1 1 

7/3 0656 0745 135 0,9 1 

713 1900 1710 1806 135 1 1 

7/4 Off 

7/5 0930 1050 1200 135 1.2 

7/5 1230 1255 135 0.5 

715 1430 1310 1400 91 0,9 1 

716 Off 

717 0545 0638 0749 135 1 '1 1 

717 1015 0824 0930 91 1.2 1 

718 Off 

719 Off 

7110 0445 0531 0634 91 1 1 

7110 0654 0739 135 0.7 1 

7/10 0945 0802 0900 91 1 1 

7111 Off 

7112 Off 

7!13 Off 

7114 Off 

7115 10830 1100 0900 1045 91 1.7 

7116 Off 

7/17 0815 0932 1145 135 2.2 1 

7117 1200 1221 135 0.3 1 

7117 1230 1255 91 0.4 1 

7117 1700 1443 1615 91 1.6 1 

7118 Off 

7/19 Off 

THIS MONTH'S TOTALS 17.8 13 0 0 

LAST MONTH'S YEAR TO DATE; & LAST MONTH'S LANDINGS 

TOTAL TIM!: YEAR TO DATE AND LANDINGS 

FOR THE MONTH PRIOR TO LAST 

TOTAL LANDINGS FOR THE +: .. · 

PREVIOUS 90 DAYS 

I certify that I am in compliance with FAR Part 135.247 

PILOT'S SiGNATURE an~ 135.267 

Bat 13 -
2017-03-03 10:17 AWP7 - Legal Office 3107256816 >> 2022671293 p 36/40 

FEL'TS FIELD AVIATION, INC 

Duty and Flight Time Record 

PILOT: Richard J. Webber 

MONTH _____ _,J..,u:Lly _____ YEAR: 2014 

PAGE 2 OF 2 Nate: FAR Part 91 Landings Included 

I DUTY TIME II BLOCK TIMES II REMARKS I DAY TOTALS NIGHT TOTALS 

hANDINGS I 

SEL I MEL FLIGHT 

LANDINGS I DATE I sTART I STOP IJ ouT I IN I 91/135/0FFicTC I FLIGHT I SEL MEL 

7120 Off 

7121 Off 

7122 Off 

7123 0600 1100 0900 1035 91 1.6 1 

7/24 0830 1130 0900 1120 91 2.3 

7125 Off 

7/26 Off 

7/27 1100 1330 1030 1200 91 1.5 

7/28 0900 1200 0930 1115 91 1.7 

7/29 0600 0700 0837 135 1.6 

7/29 1700 1435 1610 135 1.6 

7130 0545 0630 0747 135 1.3 

7130 1030 0819 0927 91 1.2 

7131 Off 

THIS MONTH'S IOTALS 30.6 19 0.0 0 

LAST MONTH'S YEAR TO DATE & LAST MONTH'S LANDINGS 93.8 47 3 8 

TOTAL TIME YEAR TO DATE AND lANDINGS lf--__;1.;24;?.=:14if---6:::.06::::.0~ 3 8 

FOR THE MONTH PRIOR TO LAST 11=~15'"-.""41------'6"1--~<I------"01---~--'0"l------il 

TOTAL LANDINGS FOR THE 

" . j PREVIOUS 90 DAYS 

/?~ IAJ,Jfr~/ I certify that I arn in compliance with FAR Part 135.247 

lf----:..2:X-'~:..__,P,)'I L~O;,;T:,.'Sf.-:,S,I',IG""N;...,A""T""U"'R"'E-------and 135.267 . . , .. . 

47 o' 

9 of 13 ~ I I 1....-~ 
2017-03-03 10:17 AWP7 - Legal Office 3107256816 >> 2022671293 p 37/40 

FEL.S FIELD AVIATION, INC 

Duty and Flight Time Record 

PILOT: Richard J. Webber 

MONTH ~-----'0'-'c-'-'to"'-b-'-'er _____ YEAR: 2013 

PAGE 1 OF 2 Note: FAR Part 91 Landings Included 

DIJTYTIME BLOCK TIMES I REMARKS II DAY TOTALS II NIGHT TOTALS I 

DATE START STOP OUT IN 91/13o/OFFJnc j FLIGHT I LANDINGS I FLIGHT LANDINGS 

SEL I MEl SEL MEL 

10/1 0830 1100 0900 1020 91 1.3 

10/2 Off 

10/3 Off 

10/4 Off 

1()/5 Off 

1016 Off 

1017 Off 

1018 1500 1715 1545 1700 91 1.2 

1019 1130 1230 1450 91 2.4 3 

10/9 1730 1600 1730 91 1.5 1 

10/10 0830 1230 100S 1145 91 1.7 2 

10/11 1200 1245 1404 91 1.3 1 

10/11 1433 1552 13o 1.3 1 

10/ll 1700 1555 1612 91 0.3 1 

101 2 Oft 

10/ 3 Oft 

10/14 1100 1430 1225 1400 91 1.6 

10115 Off 

1 0/1€) 1100 1225 1400 91 1.6 

10116 1515 1611 91 0.9 1 

10116 1805 1853 135 0.8 1 

10/16 1905 2002 91 0.9 1 

10116 2100 2002 2015 91 0.2 2 

10117 1030 1330 1130 1305 91 1.6 

10118 1030 1330 1115 1300 91 1.8 

10119 Oft 

10/20 Oft 

10121 Off 

THIS MONTHS TOTALS 19.3 11 1.1 3 

LAST MONTH'S YEAR TO OATE & LAST MONTH"S LANDINGS 

TOTAL TIME YEAR TO DATE; AND LANDINGS 

FOR THE MONTH PRIOR TO LAST 

TOTAL LANDINGS FOR THE 

PREVIOUS 90 DAYS .. 

I certify that I am in compliance with FAR Part 135247 

PILOT'S SIGNATURE and 135.267 

10 o113 Exhibit C-5 
2017-03-03 10:17 AWP7 - Legal Office 3107256816 >> 2022671293 p 38/40 

FEL • ~FIELD AVIATION, INC 

Duty and Flight Time Record 

PILOT: Richard J. Webber 

MONTH ____ ___:O:..:c.:.:to"'be,..r _____ YEAR· 2013 

PAGE 2 OF 2 Nate: FAR Part 91 Landings Included 

II DUTY TIME II BLOCK TIMES II REMARKS I DAY TOTALS I NIGHT TOTALS I 

II DATE I START I STOP II OUT I IN I 91 1135/0FPIETC FLIGHT LANDINGS I FLIGHT I LANDI~GS 

SEL MEL SEL I MEL ll 10122 Off 

10/23 1445 1545 1638 91 1 1 

10123 1704 1744 135 0.7 1 

10/23 1945 1752 1845 91 0.8 1 

10124 Off 

10125 Off 

10/26 Off 

10127 Off 

10128 Off 

10/29 1000 1400 1100 1300 91 2 

10/30 1200 1500 1230 1430 91 2 

10131 Off 

.. 

.. : ... '· .,,, .. ,. 

THIS MONTH'S TOTALS 

25.0 13 1.9 4 

LAST MONTH'S YEAR TO DATE & LAST MONTH'S LANDINGS 217.3 93 1 7 10 

TOTAL TIME YEAR TO DATE AND LANDINGS 242.3 106 3.6 14 

FOR THE MONTH PRIOR TO LAST 26.3 9 0.7 3 

TOTAL LANDINGS FOR THE 

r2<c-1t- wv-1r1.J 

PREVIOUS 90 DAYS 32 7 \ .. \ I certify that I am in compliance with FAR Part 135.247 '· and 135.267 ' PILOT'S SIGNATURE 

11 of 13 Exhibit C·S' · 
2017-03-03 10:18 AWP7 - Legal Office 3107256816 >> 2022671293 p 39/40 

FELo'S FIELD AVIATION, INC 

Duty and Flight Time Record 

PILOT: Richard J. Webber 

MONTH _____ .:_A"'prcoil _____ YEAR: 2013 

PAGE 1 OF 2 Nolo: FAR Part 91 Landings Included 

I II BLOCK TIMES II II II 

. 

I D!JTY TIME REMARKS DAY TOTALS NIGHT TOTALS 

I DATE I START l STOP ll OUT l IN I 91 /135/0FF/ETC FLIGHT LANDINGS FLIGHT LANDINGS 

SEL MEL SEL MEL 

411 Off 

4/2 Off 

41~ Off 

4/4 Off 

4/5 Off 

4/6 Off 

4/7 Off 

4/8 Off 

4/9 1045 1132 1256 91 1.4 1 

4/9 1313 1426 135 12 1 

4/9 2000 1817 1932 135 1.2 1 

4/10 0630 0711 0837 135 1.5 1 

4/10 1420 1612 135 a 1 

4/10 1815 1618 1728 91 1.2 1 

4/11 Off 

4112 1000 1330 1100 1250 91 1.8 

4/13 Off 

4114 Off 

4/15 0830 1230 0943 1200 91 2.3 2 

4/16 0830 1330 1100 1300 91 2 2 

4117 Off 

4/18 1345 1422 1520 135 1 1 

4/16 1930 1745 1836 135 0.9 1 

4/19 Off 

4/20 1000 1300 1100 1250 91 1.8 

4121 1000 1300 1030 1215 91 1.6 

4/22 Off 

4/23 1200 1600 1258 1505 135 2.1 1 

THIS MONTH'S TOTALS 21.6 13 0 0 

LAST MONTH'S YEAR TO DATE & lAST MONTH'S LANDINGS 

TOTAl TIME YEAR TO DATE AND LANDINGS 

FOR THO: MONTH PRIOR TO I.AST 

TOTAL LANDINGS FOR THE 

PREVIOUS 90 DAYS 

I certify th'lt I am in compliance with FAR Part 135.247 

PILOT'S SIGNATURE and 135.267 

12 0 f 13 t:.~llllll! w->J 
2017-03-03 10:18 AWP7 - Legal Office 3107256816 >> 2022671293 p 40/40 

FELYS FIELD AVIATION, INC 

Duty and Flight Time Record 

PILOT: Richard J. Webber 

MONTI-! _____ o.;AccPrc::_ii _____ YEAR: 2013 

PAGE 2 OF 2 Note: FAR Pa~ 91 Landings Included 

I DUTY TIME II BLOCK TIMES II REMARKS II DAY TOTALS II NIGHT TOTALS I DATE START STOP OUT IN 911135/0FF/ETC FliGHT LANDINGS FLIGHT LANDINGS 

SEL MEL SEL MEL 

4124 Off 

4/25 0545 0624 0740 135 1.3 1 

4125 1030 0810 0925 91 1.3 1 

4126 1415 1453 1613 91 1.3 1 

4126 1830 1619 1729 135 1.2 1 

4127 0930 1000 1150 91 1.9 1 

4127 1430 1300 1330 91 05 1 

4128 Off 

4129 Off 

4!30 Off 

THIS MONTH'S TOTALS 

29.3 19 0.0 0 

LAST MONTH'S YSAR TO DATE & LAST MONTH'S LANDINGS 73.7 28 0.6 4 

1'0TAL TIME YEAR TO DATE AND LANDINGS 

FOR 

103 47 0.6 4 

THE= MONTH PRIOR TO LAST 29.8 10 0.4 3 

TOTAL LANDINGS FOR THE 

/ZJ~ } iA~JVI~ PREVIOUS 90 DAYS 43 3 

I certify that I am in compliance with FAR Part 135.247 

f'ILOT'S SIGNATURE and 135.267 

13 af 1 3 C.X I lUll L.,-U 
2017-03-03 10:12 AWP7 - Legal Office 3107256816 >> 2022671293 p 1/40 

To: The Honorable J.E. Sullivan, ALJ 

Company: u.s DOT, Office of Hearings, M-20 

Phone: 

Fax: 202-300-7536 

From: FAA, Enforcement Division- Western Team 

Title: Complainant's Motion fOr Dedsion Without A Hearing or, In 

the Alternative, Motion To Urn~ The issues At Hearing To 

Sanction, In the matter of Felts Field Allia1ion, Docl<el No. 

FAA-2015-3307, FAA Case No. 2015WP910000 

Date: 3/03/2017 

Pages w/cover. 40 

FAA, Hearing Docket Clerk, Facsimile 

202-267-1293 

Federal Aviation 

Administration 

Enforr:arnent Dfvlslon -Westem Team 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

T 310-725-7112 

F 310-721Xi816 

E Fatiman.Stokley@faagov 

Facsimile 

0 U,S, Dspar1mcnt of Transportation