U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

) 

RECEIVED 

MAY 2 8 2014 

HEARING DOCKET 

In the Matter of Arctic Air Alaska, Inc. ) FDMSNo.FAA2014-0316 

) 

______________ _) 

AMENDED COMPLAINT 

The Federal Aviation Administration ("Complainant") by counsel, hereby files its Complaint, 

pursuant to Ru1e 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

On June 18,2013, Respondent was advised by mail through a Notice of Proposed Civil Penalty 

that the FAA proposed to assess a civil penalty in the amount of$8,200. On May 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 of Air Carrier Certificate No. A2KA929W, issued under 14 C.F.R. part 119, and 

authorized to conduct operations under 14 C.F.R. part 135 of the 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 

Prevention Program. 
3. On or about May 24,2012, the Federal Aviation Administration conducted an inspection 

of Arctic Air's Antidrug and Alcohol Misuse Prevention Program. 

4. As a result of the inspection, the following was discovered: 

a. On or about April23, 2012, Arctic Air hired Robert Osterhoudt to perform 

maintenance or preventive maintenance duties. 

b. On or about May 1, 2012, Arctic Air permitted Mr. 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 Air permitted Mr. Osterhoudt to perform safetysensitve maintenance on civil aircraft Nl074F, listed on Artie Air's part 135 

operations specifications. 

d. Arctic Air hired Mr. Osterhoudt for a safety-sensitive function without first 

conducting a pre-employment drug test and receiving a verified negative result. 

e. Between July 1, 2010 and December 31, 2010, Arctic Air conducted the 

following tests: 

1. Specimen ID # 6431079, collected on or about August 3, 2010. 
11. Specimen ID # 6431084, collected on or about August 11, 2010. 

111. Specimen ID # 2189893, collected on or about September 13, 2010. 

IV. Specimen ID # 2189938, collected on or about October 4, 2010. 

v. Specimen ID # 2189979, collected on or about November 11,2010. 

f. Arctic Air's laboratory, Quest Diagnostics, did not transmit the employer-specific 

aggregate statistical summary to Arctic Air for the period of July 1, 201 0 to 

December 31,2010. 

III. 

1. By reason of the foregoing, Arctic Air violated the following Federal Aviation and 

Department of Transportation Regulations: 

(a) 

(b) 

14 C.F.R. § 120.109(a)(l), in that it hired Mr. Osterhoudt for a safetysensitive function listed in 14 C.F.R. § 120.105 without first conducting a 

pre-employment drug test and receiving 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), in that its laboratory 

did not transmit an employer-specific aggregate statistical summary to 

Arctic Air by January 20, 2011, covering the time period from July 1, 

2010 to December 31,2010. 
2. Under the facts and circumstances of this 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 of May, 2014. 

Peter J. Lynch 

Assistant Chief Counsel 

tumn Killingham 

al Aviation Administration 

Office of the Chief Counsel, AGC-300 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

(202) 267-7728 

(202) 267-5106 (fax) 

PLEASE NOTE: 

Pursuant to Title 14 C.P.R.§ 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than thirty (30) days after the 

date shown on the Certificate of Service 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. 

Room 2W1 000-AGC-430 

Washington, DC 20591 

May 28, 2014'