FEDERAL AVIATION ADMINISTRATION 

RECEIVED 

Executive Helicopters, Inc . AU5 1 5 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 of the Rules of Practice 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 of the 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 of the 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 of the document, the name and address, addresses of 

all persons to whom copies of the document were or have been sent, and the organization, firm 

or agency with which all such persons were connected as of the date of the document, and state 

whether you are in possession of the original or copy, and/or fumish the name and address of a 

person whom you believe is in possession of the 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 of telephone 

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 of being 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 of document (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 

!NTERROGA TORIES 

INTERROGATORY NO.1 Identify, by providing the name, occupation, and business 

address, of each person you intend to call as a witness in this proceeding. 

INTERROGATORY No.2 Provide the substance of the testimony to be offered by each of the 

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 of each expert witness, and a 

summary of the 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 of Executive 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 of any 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 of all documents that you intend to introduce into 

evidence. 

DOCUMENT REQUEST NO.4 If you 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 of the 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 of Interrogatories, Requests for Admissions, and 

Request for Production of Documents, in the matter of Executive 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, 

g I /Je , a______ 

President, Executive Helicopters Inc. 

FQI? QJ:l=ICIAI II~F ONlV 

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DATE MAKE AND AIRCRAFT FROM TO OF SINGLE- SINGLE- MULTI- ROTORCRAFT GLIDER A I DENT FLIGHT ENGINE ENGINE ENGINE HELICOPTER Ptt y MODEL LAND SEA LAND 

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CONDITIONS OF FLIGHT TYPE OF PILOTING TIME REMARKS 

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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 of this Letter of Authorization (LOA), is authorized to 

conduct commercial air tour operations under Title 14 Code ofF ederal Regulations (CFR) Section 91.14 7 

in accordance with the limitations and provisions of this LOA and is subject to the condition that all 

operations are conducted within the applicable airspace. 

2. Authorized Aircraft. The aircraft used for Section 91.14 7 commercial air tour operations are listed in 

Table 1 below: 

Ta ble 1-Aircraft Authorized for Commercial Air Tour Operations Under Section 91.1 47 

Aircraft MIM/S Aircraft Reeistration No. 

R-44 II N91ITM 

R-44-44 Nl44JG 

R-44-RA VENII N744TP 

3. The commercial air" tour operator has the following agreements with other parts of the FAA including 

air traffic or associations outside of the FAA. The documentation of these agreements below does not 

imply nor require that the agreements are authorized by the Flight Standards principal inspector. (If there 

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 should be the company location where 

the Drug Abatement Compliance and Enforcement Inspectors will conduct the inspection and not 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 of Antidrug and Alcohol Misuse Telephone Number: . Prevention Pro2ram Records: 

Address: Executive Helicopters, Inc. 843 241-5844 

Address: 942 Old Bridge Road 

City: Myrtle Beach 

State: sc 

Zip code: 29572 

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

Executive Helicopters Inc 

~ QmC!A! ~~ ONtV 

Public ovailability 10 u~ UQi"" i ui ~~c. .. moer 5 USC 552 
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, 

q~ ,;KL ?---

President, Executive Helicopters Inc. 

~01? ornrw H~F f')~Jrv 

Public availabiliiy ro 1.1\.i uv1~1 1 1111 1vu u11der 5 USC 552 

EXHIBIT 

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0 a_soJ\ Lev./1 

YEAR POINTS Of DEPARTURE & ARRIVAL REMARKS 

Gi '"% PROCEDURES, MANEUVERS, ENDORSEMENTS AIRPlANE 

FROM I TO 

DATE 

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PAGE TOTAL 

AMOUNT FORWARD 

PILOT'SSIGfTURE \) ~ TOTAL TO DATE 
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I 

-
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 of this Letter of Authorization (LOA), is authorized to 

conduct commercial air tour operations under Title 14 Code ofF ederal Regulations (CFR) Section 91.14 7 

in accordance with the limitations and provisions of this LOA and is subject to the condition that all 

operations are conducted within the applicable airspace. 

2. Authorized Aircraft. The aircraft used for Section 91.14 7 commercial air tour operations are listed in 

Table I below: 

Ta ble 1-Aircraft Authorized for Commercial Air Tour Operations Under Section 91.1 47 

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 of the FAA including 

air traffic or associations outside of the FAA. The documentation of these agreements below does not 

imply nor require that the agreements are authorized by the Flight Standards principal inspector. (If there 

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 CFR Part 121 Appendices 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 

Enforcement Inspectors at the location listed in Table 3 below (This should be the company location where 

.fhe Drog Abatement Compliance and Eriforcement Inspectors wil! conduct the inspection and not 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 roe:ram R"trti e2JS1 a on 

Location of Antidrug and Alcohol Misuse 

Prevention Proe:ram Records: 

Executive Helicopters, Inc. 

942 Old Bridge Road 

Myrtle Beach 

sc 

29572 .. ·' 

A049-1 

Executive Helicopters Inc 

. 

Telephone. Number: 

843 241-5844 

Prut 91 ID No.: 417JS013 

fOR O~!C!AI I!SF ONlY 

Ptilticovailabillty to oe u~l~tlimteu unaer 5 USC 552 
Beach Tours ~Aerial Video & Photo Experts 

Executive Helicopters In~. 

P.O. Box 1704 

North Myrtle Beach., SC 29598 

December 9, 2008 

Federal A. viation Administration 

Office of Aerospace 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 we just need 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 of what 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 of the 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 

of Joe 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 

fOP (')t't'!f"l ~~ !!!~!': 1'\f\t!V 

Public availability IQ l.,it; Yvll:ili I Iii ild\.1 1.111Y6f 5 usc 552 EXHIBIT 
Silver 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 of having received vLa US mail, 

fax or email, the aforementioned request. Fwihcrmore, T do not personally have any 

recollection of having been notified of this, 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 of regulation 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, 

/) ;f,{, (Z "--tl i ~. ~· 

President. Executive Helicopters, lnc. 

~("lo l")ttrr-' n l!t'~ tW V -•," ' ' . •' --

Public availability 1v ·iJ'Ii ~"'"' i, "' i.,.~.~ --~ .oe1 5 USC 552