f1 06/29/2010 17;09 FAX 2024935142 FAA ^ DMS iOOI/OO? 

UNITED STATF.S DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS FFICE OF HEARINGS '"!)r*'/^r"l » 

WASHINGTON, D.C. K L^ U C f \/^Q 

IN THE MATTER OF '-';- /'-s;? ^^Q DOCKE T 

EVERGREEN HELICOPTERS OF ALASKA, INC, 

FAA DOCKET NO. CPO9AL0010 

(Civil Penalty Action) 

DMS NO. FAA-2009-084 1 

MOTION TO TERMINATE PROCEEDINGS 

On June 18, 2010, the parties agreed to settle this case. A copy of th« settlement 

agreemait and Order Assessing Civil Penalty are attached. In accordancn with the agreement, 

the Complaiiiani moves for an order dismissing the request for a hpHting and terminating the 

proceedings in this matter. 

Respectfully submined this 22"^ day of June 2010. 

HOWARD L. MARTIN, JR. 

Regional Counsel 

By: 6_ 

Glenn H. Blown 

Senior Attorney 
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FAA 

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UNITED STATES DEPARTMENT OF TRANSP0R1ATION 

OFFICE OF HEARINGS 

WASHINGTON. D.C. 

EVERGREEN HELICOPTERS OF ALASKA, INC. 

f AA DOCKET NO. CP09ALOOIO 

(Civil Penalty Action) 

DMS NO. FAA-IMMM1 

SE1TLEMENT AGREEMENT 

WFIF.REAS the l-cdeml Aviation Administration (FAA), acting l->y and ihroi^ah the Regional 

Counfsr] for the Alaskan Region, has filed n complaint seeking the findings of certain violations 

and Ihc asses.'jment of a civil penalty in the total amount of $30,000 against Respondent. 

WHEREAS, Respondent denies the alleged violfitions; and 

WHEREAS, in ;in effort to njducc ihe risk and decrease the ovenil) <ost of litigation and to serve 

the, public intcrcsf. the parties now desire to settle these matturs; 

NOW THEREFORE, the parties hereby agree to settle this matter under thr following terms: 

1. The FAA will i.'ssnc an Order Asscving Civil Penalty that will includr: 

(ii) findings of violations of the vioJntions as set forth in the complaint; 

(b) the a.'isessment of-^ civil penalty in the amount of $20,000; and 

(c) the fnlluwinjj; paragraph: In accordance with the settlement agreenient, thi:; Order 

consiiiutes a finding by the FAA of the facts and regulatory violations contained herein. Ths 

Order Assessing Civil Penalty and the payment of the assc-ssed amount by Evergreen Helicopters 

of Alaska, Inc., do not consciiuic or imply sdraissiong by Fvrrgreen HcHcoptcrs of AlasUti, Inc. 

that it committed the violations found by the FAA or that Evergreen Helicopters of Alaska, Inc.. 

agrees with Ihe facts avorred <.<i by ihe FAA. 

2. Respondent understands and acknovflcdgcp tlvat notwithstanding its express denial, the 

FAA is making findings of the violations noted abcvr, and such findings may be used by the 

K AA or any otlicr Federal agency in any subsequent f:nforcemeni action in the same manncj as if 

Rei^pondent had not denied the violations, but not for other purposes, including as findings in any 

civil action, 

3. The filing of this Senlcment Agreement constitutes the withdrawal with prejudice of 

Respondent's request for a hearing in this ca.'sc. and Roiipondeni nndcrgtands ti copy of this 
09/29/201 0 17;0 9 FAX 202493514 2 FAA * DMS 0003/00 7 

Dated this U"'day of June 2010. 

For the Complainant; 

HOWARD L. MARTIN, JR 

Regional CoimscI 

By: 

u 

Glenn ir. Brouai 

Senior Attnrney 

For the Respondent: 

RICHMOND & OUINN 

A Profes.-iinnal Corporation 

Roben l. Richmond' 

Atiorney 
* DMS 0004/00 7 

OG/29/201 0 17:0 9 FAX 202493514 2 FAA 

Q 

U. S. DeDarrmont /Viaskan Regioo 222 W. 7th Avenue U\A 

i or'l'ransportiiliun Olticc ot'rtie Regionftl Counsi;! Anchnragc, Aluska 99513-75N7 

j Federal Aviation PH: (!»07) 271-3269 

'.' A<lniiDb(rn(i0n FAX: f?07) 271-7X00 

-1 

] Case No. 200«AL030019 

JUN 2 2 M 

CERTIFIED MATL—RETURN RECEIPT R.EQUESTED 

.President 

Evergreen Helicopters of Alaska 

through counsel 

Marc G. Wtlhehn, Esq. 

Richmond & Quinn, PC 

360 K Street, Suite 200 

Anchorage, AK 99501-203S 

ORDER ASSESSING CIVLL PENALTY 

On May 29, 2008, you were advised through a Notice of Proposed Civil Petialty that the FAA 

proposed to assess a civil penalty in the amount of S33,000. On August 14, 2009, you were 

advised tivnugh a Final Notice of Propo,sed Civil Penalty that the FAA would assess a evil 

penalty in the amotmtof $30,000 if Evergrern Helicopters of Alaska. Inc., (Evergreen 

Helicopters) did not request a hearing. On August 23, 2009, Evergreen Helicopters requested a 

hearing, and on August 27,2009, the FAA filed its complaint in this matter. On June 18,2010, 

Ihe parties agreed to settle this matter under the terms contained herein. 

After considering all the evidence in this matter, including the information pre.scntnd during and 

after the informal conference and the fact Evergreen HcJirx>pters specifically denies thc?ie 

finding, it has been determined that: 

1. At all times mentioned herein, Evergreen was the holder of air carriej" certificate No. 

FHAA531D and appropriate operations specifications authonVing it to conduct on-demand 

opcralions under parts 119 and 135 of the Federal Aviation Regulations (FAR). 

2. At ail times referenced herein, Evergreen Helicopters was authorized by its operations 

specification.s to conduct Helicopter Night, Vision Goggle Operations (HNVOO), 

3. At all times referenced herein, Evergreen Helicopters was prohibited by it? operations 

specificaliona from using any person as a crcwmembcr in passenger-carrying HNVGO under 

part 135 of the FAR unless that crewmember bad .satisfactorily completed the appropriate 
* DMS 121005/007 

06/29/2010 17:09 FAX 2024935142 F^A 

j initial or rrciirrem phase of Evergreen Helicopter's approved training program for HNVGO 

j since the Hrginning of the IZ'*" calendar month before that service. 

•J 

3 4. At all times referenced hcnein, Evergreen Helicopter's approved training program for 

i HNVGO specified that for personnel who have not b^cn previously trained and qualified in 

j night vision goggle flight, the initial training must consist of a minimum of five flight,'; of no 

j less than 1 hour per flight of night vision goggle training, employing night vision goggle's. 

5. At all times referenced herein. Evergreen Helicopters employed L^nce Brabham and Richard 

Peabody «s pilots and used them in its operations under part 135 of the FAR. 

6. During August 2007, Evergreen Helicopters ronducted initial night vision goggle training 

under its approved training program for Lance Brabham and Richard Peabody, and made 

entries in its pilot records for these individuals indicating that each had completrd this 

training. 

7. At the time of the events rcfisrcnced in paragraph 6, neither L^ince Brabham nor Richard 

Peabody had previously been trained and qualified in night virion goggle flight. 

S. The training referenced in paragraph 6 for Lance Brabham included nnly three flights of one 

hour or more pftr flight of night vision goggle training. 

9. The training rctcrcnced in paragraph 6 for Richard Peabody included only tvrt.i flights of one 

hour or more per flight of night vision goggle tfaining. 

10. During the period August through October 2007, Evergreen Helicopters used Lance 

Brabham as a pilot in HNVGO on approximately 26 flights that were subject to part \?>f> of 

the FAR. 

11. On December 3, 2007, Evergreen Hclicoptrrs used Lance Brabham as a pilot in HNVGO on 

a flight that was .subject to part 135 of the FAR. 

12. During the period August through September 2007, Evergreen Helicopters used Richard 

Peabody as a pilot in HNVGO on approximately 19 flights that were eubject to the FAR, 

13. At the, time of the flights referenced in paragraphs 10, U, and 12, neither Lance Brabham 

nor Richard Peabody had satisfactorily completed the appropriate inhial or recurrent phase 

of Evergreen Helicopter's approved training program for HNVGO since the begiruiing of 

the 12''' calendar month before that service. 

14. During November and December 2007, Evergreen Helicopters failed lio maintain at its 

principal busine.s-s office an individual record for Lance Brabham that included his flight 

time in sufficient detail lo determine compHance, with the flight time limitations of part 135 

of the FAR. 
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FAA 

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Based on the foregoing facts and circumstances. F.vrrgreen Helicopter."? violated the following 

Federal Aviation Regulations: 

(a) Section 119.5(1) in that Evergreen Helicopters operated an aircraft under pan 119, part 

121, or part 1-^5 of the FAR in violation of an air carrier certificate, operating certificate, 

or appropriate operations specifications issued under part 119 of the FAR. 

(b) Section 135,63(a)(4)(vii) in that Evergreen Helicopter.^ failed lo maintain at its principal 

business office on individual record for each pilot that included each pilot's flight time in 

sufficient detail to determine compliance with the flight time Hmhaiiona of part 135 of 

the FAR. 

(c) Section 135.343 in that Evcrgrrcn Helicopters oarA a person aa a crcwrmember in 

operations under part 135 of th« FAR when that crcwmcmber had not completed the 

appropriate initifii or recurrent training phase of the training program appropriate to the 

type of operation in which thfl crewmcmber served .«iincc the beginning of the 12'" 

calendar month bctVirc that service. 

THEREFORE, IT IS ORDERED, pursuant to 49 U.S.C. § 46301(d)(2). that Evergreen 

Heliooptera be, and hereby is, assessed a civil penalty in the amount of S2fl.00O,00, 

Evergreen Helicopters is hereby ordered to pay, immediately, the assessed amnimt by mailing or 

delivering a check or tnoney order in the amount of ,S20.000.00, payable to the Federal Aviation 

Administration, FAA Accounts Receivable Branch, P.O. Box 25770, Oklahoma City, OK 

73125. In addition, the civil penalty may be pwd with a credit card over the Internet. To pay 

electronically, visit the wch site at htttas ://wv^^vf.pay. p;ov/pavgov/forms/formInstancp,htnil Enter 

"FAL-FTNEl" in the block for "Search Public Forms," and click on "Go." Then select "FAA 

Civil Penalty Payments—FAA Alaskan Region," and follow directions. If payment is made 

electronically, please notify the undersigned that such a payment has been tnadc. 

The amount of civil penalty assessed in this Order constitutes a debt owed to the TJnited States, 

Evergreen Hohcopters has now exhausted its right to seek review of the validity or amount of 

this debt. If this debt is not paid in full within 30 days of your receipt of this letter, the debt is 

considered delinquent. For delinquent dehu, federal regulation (49 C.F.R § 89.23) requires us to 

charge interest, from the d^ite of this Order, at ft fixed annual rate of 1%, along with an 

admin i.strative charge of .SJ2.00 per month, representing our cost.') of administrative colleciion. 

FurthcrmoTC, if the full amount assessed is not paitl b full within 120 days of your receipt of this 

letter, we are required to assess an additional penalty at an aimual rate of 6%, accruing from the 

date of delinquency. Delinquent debts may be reportsd to consumer reporting agencies or 

commercial credit bureaus, which could adversely affect Evergreen Helicopters' credit rating. 

Nonpayment of tKi-t debt may ultitnatrly result in a referral ro a collection agency, the Internal 

Fevenue Service, or to the United States Department of Ju.'stir.c for enforced collection. 

In ficcordance with the se.nlement agreement, this Order constitutes a finding by the, FAA of the 

Ikcts and regulatory violations contained herein. The Order As.sessing Civil Penalty nnd the 

payment of the assessed amount by Evergreen Helicopters of Alaska, Inc., do not con.stitute or 
II OG/29/2010 17:09 FAX 2024935142 FAA + DMS 121007/007 

11 

imply admi,ssion.s by Evergreen Helicopters of Alaska, Inc.. that it committed the violation,? 

found by the FAA or that Evergreen Helicopters of Alaska. Inc., agrees with the facts averred to 

by the FAA, 

HOWARD L. MARTIN. JR. 

Regional Counsel 

By: AL.\? ^ 

GlennHTBro'wn 

Senior Attorney 

CERTIFICATE OF SERVICE 

I hereby certify that this Order has been mailed this date by certified mail, addressed to: 

President 

Evergreen Helicopters of Alaska 

through counsel 

Marc O. Wilhelm, Esq. 

Richmond & Quinn, PC 

360 K Strret, Suite 200 

Anchora£e, AK 99501-2038 

Federal Aviation Administration ,, 

Office of the Regional Counsel '•^ 

222 W. 7thAvE!nue,#14 

Anchorage. AK 99513-7587 

Pate: 7,^^ ^,^,JPO/0