U.S. Department 

of Transportation 

Federal Aviation 

Administration 

March 11, 2014 

CERTIFIED 

Hearing Docket 

Office of the Chief Counsel 

Enforcement Division 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2Wl 000 

BOO lndependencEl Ave., SW. 

Washington, DC 20591 

Area Code 202 267-71 00 

RECEIVED 

MAR I 4 2014 

HEARING DOCKET 

Re: Executive Fliteways LO \ ·~ .. \ :J'l, 

FAA Case No.: 2012S0950377 

Enclosed herewith please find a copy of a request for hearing and the original <md one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in New York, NY, and expects that the 

hearing will last one day. 

Please address all communications for the FAA to the undersigned at: 

Office of the Chief Counsel 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Ph: 202-267-7100 

Fax: 202-267-5106 

E-mail: michael.f.mckinley@faa.gov 

Enclosures: Request for Hearing 

Complaint 

cc: Respondent (w/copy of Complaint) 

Since:;y?(~ 

~a~KinkJ~ Senior Attorney 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

EXECUTIVE FLITEWAYS, INC. RECEIVED 

FAADOCKETNO. (notassigned}LJi') iu'£J4AR 14 2014 

(Civil Penalty Action) 

. HEARING DOCKET FDMS NO. (not assigned), 20 1 ?::> . I i5 

FAA CASE NO. 201280950377 

COMPLAINT 

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

pursuant to Rule 208 of the Ru1es of Practice (14 C.F.R. 13.208), and states as follows: 

I 

1. On February 27,2014, Executive Fliteways, Inc. (Respondent) was advised 

by a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil 

penalty in the amount of$15,400. On March 3, 2014, Respondent submitted a written 

request for a hearing. 

2. On all relevant dates herein, Executive Fliteways, Inc. (Fliteways) was the holder of Air 

Carrier Certificate Number AOQA201C. 

3. On all relevant dates herein, Fliteways 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 testing program. 
2 

4. Fliteways failed to conduct random drug and alcohol testing in accordance with the 

procedures set forth in 14 C.F.R. part 120 when they did not include mechanic Leon Parra 

in the random testing pool. Parra was hired on January 10, 2011, but was only added to 

the random testing pool in August, 2012, at the earliest. During this time, Parra 

performed numerous safety-sensitive functions on aircraft which were subsequently 

utilized in several covered operations/flights. 

5. Fliteways failed to conduct a drug and alcohol records check on Michael Martinez, Peter 

Schouwenaars, and Leon Parra prior to hiring them to perform safety-sensitive functions. 

Michael Martinez and Leon Parra performed actual safety-sensitive functions subsequent 

to hiring. 

6. Fliteways violated14 C.F.R. part 120 when they included the following non-safetysensitive employees in the same random drug and alcohol testing pool as DOT covered 

safety-sensitive employees: 

Non-DOT Covered Date(s) in Random 

Employee Position Hire Date Testing Period 

Larry Domnitz Parts Manager 1/04112 Feb.- Aug. (2012) 

Patricia Luden Aircraft Hostess 4/21/11 May(2011)-Aug. (2012) 

Robert Spalma MX Cleaner 3/15/12 Apr.- Aug. (2012) 

Travis Nardella MXCleaner 4/25111 May(2011)-Aug. (2012) 

Jordan Zollinger Cleaner 8/16112 Sept. (2012) by admission 

By reason of the foregoing, Respondent violated the following Federal Aviation Regulations: 

a. 14 C.F.R § 120.105(e)- Which states that each employee, including any assistant, 

helper, or individual in a training status, who performs a safety-sensitive function 
3 

listed in this section directly or by contract (including by subcontract at any tier) for an 

employer as defined in this subpart must be subject to drug testing under a drug testing 

program implemented in accordance with this subpart. This includes full-time, parttime, temporary, and intermittent employees regardless of the degree of supervision. 

The safety-sensitive functions are: Aircraft maintenance and preventive maintenance 

duties. 

b. 14 C.F.R § 120.109(b)(6)- Which states, the selection of employees for random drug 

testing shall be made by a scientifically valid method, such as a random-number table 

or a computer-based random number generator that is matched with employees' Social 

Security numbers, payroll identification numbers, or other comparable identifYing 

numbers. Under the selection process used, each covered employee shall have an equal 

chance of being tested each time selections are made. 

c. 14 C.F.R § 120.215(a)(S)- Which states, each employee, including any assistant, 

helper, or individual in a training status, who performs a safety-sensitive function 

listed in this section directly or by contract (including by subcontract at any tier) for an 

employer as defmed in this subpart must be subject to alcohol testing under an alcohol 

testing program implemented in accordance with this subpart. This includes full-time, 

part-time, temporary, and intermittent employees regardless of the degree of 

supervision. The safety-sensitive functions include aircraft maintenance and 

preventive maintenance duties. 
4 

d. 49 C.F.R § 40.25(a)- Which states, as an employer, you must, after obtaining an 

employee's written consent, request the information about the employee listed in 

paragraph (b) of this section. This requirement applies only to employees seeking to 

begin performing safety-sensitive duties for you for the first time (i.e., a new hire, an 

employee transfers into a safety-sensitive position). If the employee refuses to provide 

this written consent, you must not permit the employee to perform safety-sensitive 

functions. 

e. 49 C.F.R § 40.347(b)(2)- Which states employees not covered by DOT agency 

regulations may not be part of the same random pool with DOT covered employees. 

Pursuant to Title 49 of the United States Code, Section 46301, Respondent is subject to a 

civil penalty not to exceed $11,000 for each violation alleged. 

Under the facts and circumstances of this case, a civil penalty of$15,400 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 $15,400. 

Respectfully submitted this llth day ofMarch, 2014. 

Michael F. McKinley I 

Senior Attorney 

Office of the Chief Counsel 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Ph: 202-267-7100 

Fax: 202-267-5106 

E-mail: michael.f.mckinley@faa.gov 
5 

CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complaint has been mailed this date by Certified Mail, Return 

Receipt Requested, to: 

Original and One Copy: 

One Copy: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

John W. Gallo, President 

Executive Fliteways, Inc. 

One Clark Drive 

Ronkonkoma, NY 11779 

Dated this 11th day ofMarch, 2014 
E ECUTIVE 

FL!TEWAVS 

March 3, 2014 

VIA CERTIFIED MAIL 

Federal Aviation Administration 

ONE CLARK DRIVE, RONKONKOMA, NY 11779 

(631) 588-3480 ext. 128 fax: (631) 588-5527 

600 Independence Avenue, SW 

Wilbur Wright Building- Suite 2W1 000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC- 430 

RE: File Number 2012S0950377 

To Whom It May Concern: 

Please be advised that this letter constitutes written notification 1/ANV 14 CFR § 13.16 

that Executive Fliteways, Inc. hereby requests a hearing regarding the proposed civil 

penalty of $15,400.00 in reference to the above File Number. 

Please forward to me the location, date and time of the hearing. 

Thank you for your attention to this very important matter. 

Sincerely, 

Kennet S. Gray 

Director of Operations 

Cc: · John W. Grillo, President 

Michael F. McKinley