### FEDERAL AVIATION ADMINISTRATION 

# RECEIVED

Executive Helicopters, Inc
. 

# AU5 15 2012?



# ...

# ti~ABING.DodKET Docket No. FAA-2012-0476 Judge J.E. Sullivan

AGENCY'S FIRST INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS

Pursuant to the discovery guidelines set forth in Section 13.220 ofthe Rules ofPractice in FAA Civil Penalty Actions (14 C.F.R. 13.220), the Federal Aviation Administration ("FAA") hereby requests that Respondent within thirty (30) days of service. provide to counsel for the FAA the information described and requested below. Moreover, this is a continuing request for Respondent to provide all updated or new records or information, as itemized in this document, through the date ofthe hearing. DEFINITIONS
I. Unless otherwise indicated, these Interrogatories and Requests for Documents refer to the time, place and circumstances of the occurrence mentioned or complained of in the Compliant.

2. Where knowledge or information or a document possessed by a party is requested, that request includes knowledge ofthe party's representatives, agent and, unless privileged, attorneys.

### 3. The pronouns "you" and "yours" refer to the party to whom or which these Interrogatories and Requests fi.1r 

### Productions arc addressed, and the persons mentioned in paragraph 2. 'i_upra.

4. When used with respect to a documents, "identify" Means to furnish the document itself, or in lieu thereof, the name and date ofthe document, the name and address, addresses of all persons to whom copies ofthe document were or have been sent, and the organization, firm or agency with which all such persons were connected as ofthe date ofthe document, and state whether you are in possession ofthe original or copy, and/or fumish the name and address ofa person whom you believe is in possession ofthe original or a copy of such document.

5. The term "identify" when referring to a person, means to identify the person by name, occupation(s), and business address.

6. The terms "document" and "statement" mean without limitation, the following items, whether printed or recorded or reproduced by any other mechanical process or written or produced by hand: agreements, communications, correspondence, telegraphs, memoranda, electronic messages, court or legal documents, summaries or recordings oftelephone conversations, summaries or records of personal conversations or interview, summaries or reports of investigations, opinions or reports of consultants, diaries, graphs, reports, notebooks, note charts, plans drawings, sketches, maps, photographs, motion picture films, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, and marginal comments appearing on any documents, and all other tangible information capable ofbeing read or viewed.

7. For all interrogatories to which the responding individual has an objection, state the factual and legal basis for the claimed privilege, or any other authority that provides the claimed basis for the objection.

8. All documents requested as to which the responding individual claims privilege or any other objection as a ground for non-production shall be identified chronologically as follows:
a. date b. title

### c. type ofdocument (e.g., memorandum, report, chart, etc.) d. Subject matter (without revealing the information as to which privilege or statutory authority is claimed), and
e. factual and legal basis for the claimed privilege, or any other authority that provides the claimed ground for non-productivity



### !NTERROGATORIES INTERROGATORY NO.1 Identify, by providing the name, occupation, and business address, ofeach person you intend to call as a witness in this proceeding. 

### INTERROGATORY No.2 Provide the substance ofthe testimony to be offered by each ofthe witness identified in Interrogatory No. I. 

### INTERRROGATORY NO.3 With respect to each expert witness you intend to call as a witness in this proceeding, set forth the subject matter upon which each expert witness is expected to testify, the facts and opinions composing the testimony ofeach expert witness, and a summary ofthe grounds for each opinion. 

### INTERROGATORY NO. 4 Identify any and all documents in your possession that concern, refer to, or involve the circumstances set forth in the Complaint. 

### INTERROGATORY NO.5 Identify any and all documents which reflect, detail, or demonstrate your compliance with 49 C.F.R. Part 121, Appendix I, Section V.A., 14 C.P.R. Part 121, Appendix I, Section V.B.6, and 49 C.F.R. Part 121, Appendix 

### J, Section III.C.6 referenced in the Complaint.

### INTERROGATORY NO.6 State whether or not the not the attached 2 letters dated November 4, 2008, labeled Exhibit A and Exhibit B and the attached letter dated December 9, 2008, labeled Exhibit C were signed by a duly authorized representative ofExecutive Helicopters, Inc. 

### INTERROGATORY NO. 7ldentify the person responsible for compliance with the FAAmandated drug and alcohol program. 

### REQUEST FOR ADMISSIONS Please admit or deny each and every allegation below: 

### REQUEST FOR ADMISSIONS NO. 1. 

### On or about February 5, 2008, Jason Lewis performed safety-sensitive li.mctions for Executive Helicopters when he performed flight crewmember duties on civil aircraft N144JG, registered to Executive Helicopters.



### REQUEST FOR ADMISSIONS NO.2. Executive Helicopters failed to conduct a preemployment drug test on Mr. Lewis and had not received a verified negative drug test result for Mr. Lewis prior to his hire and performance.



### REQUEST FOR ADMISSIONS NO.3. On or about May 3, 2008, Joseph Ismay performed safety sensitive functions for Executive Helicopters when he performed flight crewmember duties on civil aircraft N144JG, registered to Executive Helicopters.

### REQUEST FOR ADMISSIONS NO. 4. Executive Helicopters failed to conduct a preemployment drug test on Mr. Lewis and had not received a verified negative drug test result for Mr. Lewis prior to his hire and performance.

REQUEST FOR ADMISSIONS NO. 5. On or about September 6, 2008, Executive Helicopters hired Jason Brown to perform safety-sensitive functions (crewmember duties).

REQUEST FOR ADMISSIONS NO. 6. Executive Helicopters failed to conduct a preemployment drug test on Mr. Brown and had not received a verified negative drug test result for Mr. Brown prior to his hire.

REQUEST FOR ADMISSIONS NO. 7. Executive Helicopters did not include Mr. Lewis in its random drug and alcohol testing pool from February 5, 2008, until May 27, 2008.

REQUEST FOR ADMISSIONS NO. 8. Executive Helicopters did not include Mr. Ismay in its random drug and alcohol testing pool from May 3, 2008, until May 27, 2008.

### REQUEST FOR PRODUCTION OF DOCUMENTS DOCUMENT REQUEST NO. 1 Copies of current curricula vitae for each expert witness you identified in Interrogatory No.3. 

### DOCUMENT REQUEST NO.2 Copies ofany statements made by witnesses identified in Interrogatories No. I and 3, concerning, referring to, or involving the circumstances set forth in the Complaint. 

### DOCUMENT REQUEST NO.3 Copies ofall documents that you intend to introduce into evidence. 

### DOCUMENT REQUEST NO.4 Ifyou claim that you are financially unable to pay the penalty referenced in the Complaint, produce financial records that establish financial hardship, including but not limited to the last three (3) years income tax statements for the company. Respectfully submitted,
Peter J. 

### Lynch Assistant Chief Counsel Enforcement Division, AGC-300 

## '

Autumn Killingham Attorney, AGC-300 Federal Aviation Administration Oftice ofthe Chief Counsel 800 Independence Avenue, S.W. Washington, D.C. 20591 Telephone: (202) 267-7728

### CERTIFICATE OF SERVICE
I hereby certify that the foregoing First Set ofInterrogatories, Requests for Admissions, and Request for Production of Documents, in the matter ofExecutive Helicopters, Inc., has been mailed this date by via overnight mail to: Jeremy Bass, President Executive Helicopters, Inc. 3231 Victory Street Hanger 328 West Myrtle Beach, SC 29577
The Honorable J.E. Sullivan, Administrative Law Judge Office of Hearings, M-20 U.S. Department of Transportation 1200 New Jersey Avenue, S.E. (El1-310) Washington, D.C. 20591
The original and one copy was also mailed this date by Certified Mail to: Hearing Docket, Room 924A, AGC-10 (Original and one copy) Federal Aviation Administration 600 Independence Avenue, S.W. Washington, D.C. 20591 Atten: Hearing Docket Clerk
August 10,2012

### November 4, 2008 To: Geraldine Whitehead Fr: Jeremy Bass, Executive Helicopters Inc.
Re: Joseph Ismay's First Tour The attached Pilot's Log shows that Joseph Ismay's first sightseeing tour for Executive Helicopters Inc. was on or about 5-3-08. Jeremy Bass, 

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# 0 U.S. Department of Transportation Federal Aviation Administration 

### 14 CFR Part 91 Operations


### Letter of Authorization 

### Commercial Air Tour Operations Authorization and Antidrug and Alcohol Misuse Prevention Program Registration I. The operator,, that is documented at the end ofthis Letter ofAuthorization (LOA), is authorized to conduct commercial air tour operations under Title 14 Code ofF ederal Regulations (CFR) Section 91.147 in accordance with the limitations and provisions ofthis LOA and is subject to the condition that all operations are conducted within the applicable airspace. 2. Authorized Aircraft. The aircraft used for Section 91.147 commercial air tour operations are listed in Table 1 below: Table 1- Aircraft Authorized for Commercial Air Tour Operations Under Section 91.147 Aircraft MIM/S Aircraft Reeistration No. R-44 II N91ITM R-44-44 Nl44JG R-44-RAVENII N744TP 3. The commercial air"tour operator has the following agreements with other parts ofthe FAA including air traffic or associations outside ofthe FAA. The documentation ofthese agreements below does not imply nor require that the agreements are authorized by the Flight Standards principal inspector. (Ifthere are no agreements, enter N/A in Table 2.)
FAA or Other Association N/A 4. Antidrug and Alcohol Misuse Prevention Program Registration. The operator certifies that it will comply with the requirements of 14 CFRPart 121 Appeodices I and J and 49 CFR Part 40 for its Antidrug Testing and Alcohol Misuse Prevention Program. Antidrug and Alcohol Misuse Prevention Program records are maintained and available for inspection by the FAA's Drug Abatement Compliance and Enfurcement Inspectors at the location listed in Table 3 below (This shouldbe the company location where the DrugAbatement Compliance andEnforcement Inspectors will conduct the inspection andnot the consortium. lab, or third party administrator): Table 3

- Registration and Record Location for the Antidrug and Alcohol Misuse Prevention p R . .

ro2:ram e21Stration Location ofAntidrug and Alcohol Misuse Telephone Number:

. Prevention Pro2ram Records: Address: Executive Helicopters, Inc. 843 241-5844 Address: 942 Old Bridge Road City: Myrtle Beach State: 

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Print Date: 7/15/2008 A049-l Part 91 lD No.: 417JS013 Executive Helicopters Inc

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### November 4, 2008 To: Geraldine Whitehead Fr: Jeremy Bass, Executive Helicopters Inc.
Re: Jason Lewis' First Tour The attached Pilot's Log shows that Jason Lewis' first sightseeing tour for Executive Helicopters Inc. was on or about 2-5-08. Jeremy Bass,

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# 0 U.S. Department of Transportation Federal Aviation Administration 

### 14 CFR Part 91 Operations
Letter of Authorization 

### Commercial Air Tour Operations Authorization and Antidrug and Alcohol Misuse Prevention Program Registration l. The operator, , that is documented at the end ofthis Letter ofAuthorization (LOA), is authorized to conduct commercial air tour operations under Title 14 Code ofF ederal Regulations (CFR) Section 91.147 in accordance with the limitations and provisions ofthis LOA and is subject to the condition that all operations are conducted within the applicable airspace. 2. Authorized Aircraft. The aircraft used for Section 91.147 commercial air tour operations are listed in Table I below: Ta ble 1- Aircraft Authorized for Commercial Air Tour Operations Under Section 91.147 Aircraft MIM/S Aircraft Rel!istration No. R-44 II N911TM R-44-44 NI44JG R-44-RA VENII N744TP 3. The commercial air tour operator has the following agreements with other parts ofthe FAA including air traffic or associations outside ofthe FAA. The documentation ofthese agreements below does not imply nor require that the agreements are authorized by the Flight Standards principal inspector. (Ifthere are no agreements, enterN/A in Table 2.)
FAA or Other Association N/A 4. Antidrug and Alcohol Misuse Prevention Program Registration. The operator certifies that it will comply with the requirements of 14 CFRPart 121 Appendices I and J and 49 CFRPart 40 for its Antidrug Testing and Alcohol Misuse Prevention Program. Antidrug and Alcohol Misuse Prevention Program records are maintained and available for inspectionby the FAA's Drug Abatement Compliance and Enforcement Inspectors at the location listed in Table 3 below (This shouldbe the company location where .fhe DrogAbatement Compliance andEriforcement Inspectors wil! conduct the inspection andnot the consortium, lab, or third party administrator): Table 3

- Registration and Record Location for the Antidrug and Alcohol Misuse Prevention

Address: Address: City: State: Zip code:

Print Date: 7/15/2008 P R"trti roe:ram e2JS1 a on Location ofAntidrug and Alcohol Misuse Prevention Proe:ram Records: Executive Helicopters, Inc. 942 Old Bridge Road Myrtle Beach 

### sc 29572

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A049-1 Executive Helicopters Inc . Telephone.Number: 843 241-5844

Prut 91 ID No.: 417JS013 

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Executive Helicopters**In~.** P.O. Box 1704 North Myrtle Beach., SC 29598 December 9, 2008 Federal A.viation Administration Office ofAerospace Medicine Drug Abatement Division Attn: Geraldine Whitehead, AAM- 862-B 1701 Columbia Avenue College Pru-k, GA 30337
Dear Ms. Whitehead, In response to your letter dated November 4, 2008 which was received in our office December 10, 2008 we would like to offer the foHov.,ing facts and mitigating circumstances as they apply to the 14 noted violations. In reference to pre-employment testing for Jason Lewis, Jason**Brm~n** and Joe Ismay noted in violations 1, 2 and 3, I was informed on the telephone by our drug abatement**program~** NADE and/or University Services, that this testing was not requjred and w-as further told that wejustneed to submit our employee's names and soc.ial security numbers to the consortium to be in compliance. As }ou can ·note :f.fom our past**recor~** we have always pre-tested potential employees as a general practice 1.mtil I was notified by NADE, and/or University Services, that it was no longer required. There would be no · reason for us not to have complied with this, had I not been told personally that it was not required. We were following the direction ofwhat we believed to be a reliable source. All safety sensitive employees have now been tested and in the future all safety sensitive employees will be tested, and results received, before they will begin any safety senshive function with the company. Regarding violation number 4 it is our standard procedure during**pre~employment** interviewing to Inquire as to whether or not candidates for employment have ever tested positive or refused to administer to testing. Every member ofthe Executive Helicopter Inc. team has been informed ofboth our drug free workplace policies and expectations prior to hire. A request for "Release of InfOnnation" ha.'i been sent to previous employers ofJoe Ismay and Jason Brown. Please note the Silver State, the prior place of employment for Mr. Ismay is no longer in business (Celeste spoke to you on the phone regarding this and was told to**ju~i** pmceed with Jason Lewis' fonn due to the fact that



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# usc 552 EXHIBITSilver Sta unavailable fOr such records.) I have attached a C1 ,fthe requesl sent regarding Jason Brown. ln reference to violation number 5 and the December 2007 request for random drug testing for myself, Jeremy R Bass, I c.an find no record ofhaving received vLa US mail, fax or email, the aforementioned request. Fwihcrmore, Tdo not personally have any recollection ofhaving been notified ofthis, or I would have happily complied, At that time I was not performing any flights as I was being treated for a degenerative spine disorder that ultimately resulted in spinal surgery in February of2008. To this day I still have not pertOm1ed any tour flights, photo flights etc. that would require me even being on the drug abatement program. Violations 6, 8 and 9 conceming our collection site issues have been addressed through certified letter to Access Medical. We have requested that all pertinent violation be corrected. Regarding the unauthorized drug testing, I requested that our three pilots report for drug testing at our nonnal collection site. Withont my knowledge, Jason Lewis, on of our pilots, acquired and distributed. the DOT fonns used for random testing. In a statement by Jason Lew:is on November 4, 2008 he claimed that "no one was around (when I left for testing) and I assumed they were forms we needed so I handed them out". This was not an**intention~l** violation ofregulation by management, hut rather a proactive approach to safety. AS for violation 10, The Alcohol and Mlsuse Prevention Program information was obtained from NADE on November 5 2008 and distributed thereafter. Violation 11, 1.2 and 13 have been corrected effective January 5, 2009, we have distributed the educational materials and company policies regarding alcohol and drug use to each covered employee, these items were readily available in a common area for employees to read, we v.'ill however make it standard practice from here forward to individually distribute this inJOrmation. Lastly, witl1 regards to violation 14 stating that Executive Helicopters Inc. did not implement a reasonable recurrent training program for supervisors who vvill be making reasonable cause detenniTiations during subsequent years, I would like to state for record that I am the only supervisor -with this authority and have received initial training on June 

## s, 2005. As always, we appreciate the FAA's commitment to ensuring standards in the industry and will strive to improve in all areas noted. Jeremy Bass, 

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## "--tl i**~. ~·**  President. Executive Helicopters, lnc.**~("lo** 

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