U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION ) 

# RECEIVED MAY 2 8 2014 

## HEARING DOCKET In the Matter ofArctic Air Alaska, Inc. ) FDMSNo.FAA2014-0316 )



# _______________) AMENDED COMPLAINT The Federal Aviation Administration ("Complainant") by counsel, hereby files its Complaint, pursuantto Ru1e 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. OnJune 18,2013, Respondentwas advised bymail through aNotice ofProposed Civil Penalty thatthe FAA proposedto assess a civil penalty in the amount of$8,200. OnMay 19,2014, 2014, Respondent requested a hearing. II. 1. Arctic Air Alaska, Inc. ("Arctic Air") is now, and at all times mentioned herein was, the holder ofAir Carrier CertificateNo. A2KA929W, issued under 14 C.F.R. part 119, and authorized to conduct operations under 14 C.F.R. part 135 ofthe Federal Aviation Regulations. 2. At all times mentioned herein, Arctic Air was required to comply with the requirements of 14 C.F.R. part 120 and 49 C.F.R. part 40 for its Antidrug and Alcohol Misuse PreventionProgram.3. On or about May 24,2012,the Federal AviationAdministration conducted an inspection ofArctic Air's Antidrug and Alcohol Misuse Prevention Program. 4. As a result ofthe inspection, the following was discovered:

a. On or about April23, 2012, Arctic Airhired Robert Osterhoudt to perform maintenance or preventive maintenance duties. b. On or about May 1, 2012, Arctic AirpermittedMr. Osterhoudt to perform safetysensitive maintenance on civil aircraft N3741Z, listed on Arctic Air's part 135 operations specifications.

c. On or about April23, 2012, Artie AirpermittedMr. Osterhoudt to perform safetysensitve maintenance on civil aircraft Nl074F, listed onArtie Air's part 135 operations specifications. d. Arctic Airhired Mr. Osterhoudt for a safety-sensitive function without first conducting a pre-employment drug test and receiving a verified negative result.

e. BetweenJuly 1, 2010 and December 31, 2010, Arctic Air conductedthe following tests:

1. SpecimenID # 6431079, collected on or about August 3, 2010.11. SpecimenID # 6431084, collected on or about August 11, 2010. 111. Specimen ID # 2189893, collected onor about September 13, 2010. IV. Specimen ID 

### # 2189938, collected on or about October 4, 2010. v. SpecimenID 

### # 2189979, collected on or about November 11,2010. f. Arctic Air's laboratory, QuestDiagnostics, did not transmit the employer-specific aggregate statistical summary to Arctic Air for the period ofJuly 1, 2010 to December 31,2010. 

### III. 1. Byreason ofthe foregoing, Arctic Air violated the following Federal Aviation and Department ofTransportation Regulations: (a)



### (b) 14 C.F.R. 

### § 120.109(a)(l), 

### inthat ithired Mr. Osterhoudt for a safetysensitive function listed in 14 C.F.R. 

### § 120.105 without first conducting a pre-employment drug test andreceiving a verified negative drug test result for that individual; 49 C.F.R. § 40.lll(a) and 49 C.F.R. § 40.111(a)(3), inthat its laboratory didnottransmit an employer-specific aggregate statistical summaryto Arctic Air by January 20, 2011, covering the time period from July 1, 2010 to December 31,2010.

### 2. Underthe facts and circumstances ofthis case and in accordance with 49 U.S.C. § 4630l(a)(5)(A), a civil penalty in the amount of$8,200 is appropriate. WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an order that Respondent be assessed a civil penalty in the amount of$8,200. Dated this 28th day ofMay, 2014. Peter J. Lynch Assistant ChiefCounsel
tumn Killingham al Aviation Administration Office ofthe ChiefCounsel, AGC-300 800 Independence Ave., S.W. Washington, D.C. 20591 (202) 267-7728 (202) 267-5106 (fax) PLEASE NOTE: 

### Pursuantto Title 14 C.P.R.§ 13.209(a), you are required to file a written answer to this Complaint, or a written Motionto Dismiss ifappropriate, not later thanthirty (30) days after the date shown onthe Certificate ofService which follows.

### CERTIFICATE OF SERVICE I hereby certify that the foregoing Complaint, 

### in the Artie Air Alaska, Inc., FDMS No. 2014- 0316, has been mailed this date by Certified Mail to: James I. 

### Hamilton President/CEO Arctic Air Alaska, Inc. 3540 University Ave. South Fairbanks, AK 99709 The original and a copy was also personally delivered to: Hearing Docket (Original and 1 copy) Federal Aviation Administration 600 Independence Avenue, S.W. Room2W1000-AGC-430 Washington, DC 20591 May 28, 2014'