04/08/2014 09:27 

U.S. Department 

of Transportation 

Federal Aviatlo~ 

Administration 

April 8, 2014 

4252271007 ANM7 

Northwest Mountain Region 

Office of Regional Counsel 

Colorado, Idaho, Montana, 

oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425) 227-2161 

Fax: (425) 227-1007 

jeffrey.harper@faa.gov 

VIA FACSlMILE AND CERTifiED MAIL- RETURN RECEIPT REQUESTED 

Federal A vi.ation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2Wl 000 

800 Independence Avenue, Southwest 

Washington, DC 20591 {-\ (___() _ () \\ '-\ 

Re: In the Matter of Great Western Air, LLC, FAA Case No. 2013WP910239 

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

Complaint in this proceeding. 

The FAA requests that the hearing in this matter be held in Las Vegas, Nevada, and expects 

that th<:; hearing will last one day. For scheduling purposes, counsel :for the FAA is 

unavailable on th.e following dates in 2014: May 2,--4, May 16---23, June 20--23, July 13~29, 

August 22-25, and September 12-15. 

Please address ail communications to the undersigned at: 

Federal Aviation Administration 

Northwest Motmtain Region, ANM-7 

1601 LindAvenue Southwest 

Renton, Washington 98057 

(425) 227-2161, Fax: (425) 227-1007 

Sincerely, 

t~~ FAA Attorney 

JMH/ds 

Enclosure: Request for Hearing (Appeal) 

Complaint 

PAGE ~2/10 
04/08/2014 09:27 4252271007 

Jeffrey M. Harper 

FAA Office of Regional Counsel 

1601 Lind Avenue, Southwest 

Renton, Washington 98057 

(425) 227-2161, Fax: (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Great Western Air, LLC 

FAA Case No. 2013WP9101239 

DMSNo.:NotAssigned \ 

Judge Not Assigned 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice 14 C.P.R.§ 13.208, and states as follows: 

I. 

On March 18,2014, Great Western Air, LLC was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 

$35,925. On April 3, 2013, Great Westem, through its legal counsel, submitted a written 

request for a hearing. 

II. 

1. Great Western Air, LLC (Great Western) is now, and at all times relevant herein was, 

t11e holder of Air Carrier Certificate No. N2UA274L issued under Title 14, C.P.R., 

Part 119, and conducts .its operations pursuant to Part 135 of the Federal Aviation 

Regulations (FAR), 14 C.P.R. Chapter I. 

PAGE 03/10 

2. At all times relevant herein, Great Western held appropriate Operations Specifications 

(OpSpecs) certifying it would comply wit11 the requirements of 14 C.P.R. Part 120 and 

49 C.F.R. Part 40 for its Antidrug and Alcohol Mi.suse Prevention Program. 

3. Mr. Kelly Campbell: 
04/08/2014 09:27 4252271007 ANM7 

a. Mr. Campbell was hired by Great Western to perform a safety·sensitive fi.mction 

on November 19,2012. 

b. Mr. Campbell was not in Great Western's Department of Transportation (DOT) 

random testing pool on January 1, 2013. 

c. Mr. Campbell was not in Great Western's DOT random testing pool on 

April I, 2013. 

d. Mr. Campbell was not in GJ:eat Westen1's DOT random testing pool on 

July l, 2013. 

e. Mr. Campbell was added to Great Western's DOT randon) testing pool on 

July 17,2013. 

f. Mr. Campbell was a flight crewmember on flights operated by Great Western 

under 14 C.F.R. Part 135 on: 

(I) November 25, 2012; 

(2) January 5, 2013; 

(3) January 10, 2013; 

(4) April28, 2013; 

(5) May 3, 2013; 

(6) May 5, 2013; 

(7) May 6, 2013; 

(8) May 7, 2013; and 

(9) June 16,2013, 

4. Mr. Daniel Ford: 

a. Mr. Ford was hired by Great Western. to perfonn a safety-sensitive function on 

March 1, 2013. 

b. Mr. Ford was not in Great Western's DOT random testing pool on April 1, 2013. 

c. Mr. Ford was not in Great Western's DOT random. testing pool on July 1, 2013. 

PAGE 04/10 

C\1mpl0.f11t 

ln. tbe ]\.1atter of Gn~at Wr;~·•tcrn Ai:r, LJ.,C 

JEFFREY M. 1-:IAR.PI::H., FAA ATTOR.NEY 

TEL ( 425) 2Z7·2161; FAX: (4!5) 227, J007 

FAA Case No. 2013WP91 0239. [)MS No. Not A~'igned 

P~lg:e 2 of 8 
04/08/2014 09:27 4252271007 ANM7 

d. Mr. Ford was added to Great Westem's DOT random testing pool on 

July 17,2013. 

e. Mr. Ford was a flight crewmember en flights operated by Great Westem under 

14 C.F.R. Part 135 on: 

(1) March 10, 20\3; 

(2) April 3, 2013; 

(3) April23, 2013; 

(4) May 3, 2013; 

(5) May 5, 2013; 

(6) May 6, 2013; 

(7) May 7, 2013; and 

(8) June 16, 2013. 

5. Mr. Wayne Blake: 

a. Mr. Blake was hired by Great Westen:~ to perfoDU a safety-sensitive functi.on on 

March I, 2013. 

b. Mr. Blake was not in Great Westem's DOT random testing pool on April!, 2013. 

c. Mr. Blake was not in Great Western's DOT random testing pool on Ju1y 1, 2013. 

d. Mr. Blake was added to Great Western's DOT random testing pool on 

July 17,2013. 

c. Mr. Blake was a flight crewmember on flights operated by Great Western under 

14 C.F.R. Part 135 on: 

(1) March 13, 2013; 

(2) March ) 4, 20 13; 

(3) March 19, 2013; 

(4) May 9, 2013; 

PAGE 05/10 

Comph-d:nt 

In. the. Mattw- of Great Wc~tcrn Air_, LLC 

JEFFRF.!'l' M. 1-IARP.Bl~. FAAAlTO'RNEY 

TEL: (425) 227·2161; FAXo (425) 227-1007 

FAA Case No. 2013WP9J0239, DMS No. Not Azoigned 

Page 3 of8 
04/08/2014 09:27 4252271007 ANH7 

(5) June 28, 2013; and 

(6) July 10,2013. 

6. Ms. Felicia Rin.don: 

a. Ms. Rindon was hired by Great Western to perfom1 a safety-sensitive function on 

April 16,2013. 

b. Ms. Rindon was not in Great Western's DOT random testing pool on July 1, 2013. 

c. Ms. Rindon was added to Great Western's DOT random testing pool on 

July 17, 2013. 

d. Ms. Rindon was a fl.ight crewmember O!J flights operated by Great Western under 

14 C.F.R. J?art 135 on: 

(1) May 9, 2013; 

(2) June 6, 2013; 

(3) June 28, 2013; and 

(4) July 7, 2013. 

7. Mr. Jam.es Walker 

a. Mr. Walker was hired by Great Western to pexform a safety-sensitive function on 

June 27, 2013. 

b. Mr. Walker was not in Great Western's DOT random testing pool on July 1, 2013. 

c. Mr. Walker was added to Great Western's DOT random testing pool on 

July 17, 2013. 

d. Mr. Walker was a flight crewm.ember on a flight operated by Great Western under 

14 C.P.R. Part 135 on July 1, 2013. 

8. Random selections from Great Western's DOT random testing pool were made on: 

a. January 1, 2013; 

b. April 1, 2013; and 

PAGE 05/10 

C(lmplaint 

ln the: M11.t1:er ofOrco.t Western Air, LLC 

JEFFREY M .. HARPER. FAA ATTORNlN 

'lllL: (-1~5) 227·2161; J'AX: (4:!5) 227·1 007 

FAA Cas< No. 2013WP910239. DMS No. Not Asslg"ed 

P•go4 of8 
04/08/2014 09:27 4252271007 ANM7 PAGE 07/10 

c. July 1, 2013. 

9. Mr. David Ciarochi: 

1;1. Mr. Ciarochi was hired by Great Western to perform a safety-sensitive function on 

October 31,2012. 

b. Great Western did not receive a verified negative drug test result for Mr. Ciarochi 

until November 2, 2012. 

10. Mr. Chance D\1vaiJ: 

a. Mr. Duvail wru; hired by Great Western to perform a safety-sensitive function on 

July 3, 2013. 

b. Great Western did not subject Mr. DuvaiJ to a pre-employment drug test before 

July 4, 2013. 

c. Great Western did not receive a verified negative drug test result for Mr. Puvail 

before July 4, 2013. 

d. On July 3, 2013, Mr. Duvail performed )Tlaintcnance or preventive maintenance 

on civil aircraft N400KP. 

e. On July 3, 2013, Paragraph DOSS of Great Western's OpSpecs authorized it to use 

N400KP in the conduct of its Part 135 operations. 

IlL 

1. By reason of the foregoing circumstance(s), Great Western violated the following 

provisions of the Federal Aviation Regulations (14 C.F.R.): 

a. Section 120.105, in that employees performing safety-sensitive functions were not 

subject to a drug testing program implemented in accordance with 14 C.F.R. 

Part 120, Subpart E. 

b. Section 120.109(a)(1), in that it hired an. individual for a safety-sensitive function 

listed in 14 C.F.R. Section 120.105 when it did not first conduct a preemployment test and receive a ved.fied negative drug test result for that individual. 

c. Section 120.215(a), in that employees performing safety-sensitive functions were 

not subject to an alcohol testing program implemented in accordance with 

14 C.F.R. Part 120, Subpa1t F. 

Compla.int 

J.n 1:he Matter of Great Western Air, LLC 

F.A.A Case No. 2013WP9l023~- DMS Nll- Not Assigned 

Page 5 of 8 

JEFl'!;>..i::Y M. HARPf):lt, F.A..t\. A1TC1R:Nf.;Y 

TEL: (425) 227-216\; !'AX: (4~5) 227-JOOl 
04/08/2014 09:27 4252271007 ANM7 

2. Under 49 U.S.C. §§ 46301 (a) and (d), Great Western is liable for a civil penalty not 

to exceed not to exceed $1!,000 for each of the violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of$35,925 is 

appropriate. 

Respectfully submitted this 8'h day of April, 2014. 

J. 

~~.#'~ . Harper 

F · Attorney 

PAGE 08/10 

Corn.phl.int 

In the Matter of Great V\·'cstcm Air. LLC 

JEF.F,R,~Y 1\1. HARPER. F tl.A. AYr'ORNEY 

TEL: (425) 227,2161; FAX: (425) n7-l 007 

FAA Case No. Z013WP910Z3!1. DMS No. Not Assigned 

P<>go 6 of8 
04/08/2014 09:27 4252271007 ANM7 

ANSWER 

In accordance with. Section l3.209(a) of the Federal Aviation Regulations, Great Western 

must answer this Complaint not later than 30 days after the date the Complaint is served. 

Failure to file an Answer within 30 days without good cause shall be deemed an 

admission ofthe truth of each allegation contained in the Complaint. 14 C.F .R. 

§ 13.209(f). 

PAGE 09/10 

Compl~1.im 

Jn "l:he Mattct ofGrca~ Western AJr. u:.c 

JEFW,REY M. HAg)>~R, F.AJ\.ATI"ORNEY 

TEL; (4~5) 227-21 ~I; I' AX; (425) 227·.1 007 

FAA Case No. 20DWP91 0239. DMS No. N<•t Assigned 

Page7 of8 
04/08/2014 09:27 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been sen'ed via facsimile and Certified 

Mail- Return Receipt Requested this date, to the following: 

Federal Aviation Administration 

Attn: Heating Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W! 000 

800 Independence A venue Southwest 

Washington, DC 20591 

Fax: (202) 493-5142 

Mr. Mark J. Connot, Esq 

Fox Rothschild, LLP 

3800 Howard Hughes Parkway, Suite 500 

Las Vegas, NV 89169 

Pax: (702) 597-5503 

Dated this 8th day of April, 2014. 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

(425) 227-2164 

PAGE 10/10 

Cornp\~J.int 

In t11e M.3:ttcr ofGrcut Western A.i.r, LLC 

JEFTKE y M .. 1-l.A i~J!£R~ FAA A 1"f.'ORN!~.V 

n;L; (425) 227-2161; l'AX.: (425) 227-1007 

FAA Case N"- 2013WP9I0239. DMS Nt>. Not Assigned 

Page. S. of 8