# RECEIVED U.S. DEPARTMENT OF TRANSPORTATION 

## MAY 

## 2 2 2014

FEDERAL AVIATION ADMINISTRATION

### HEAf~ING 

## DOCKET ) Inthe Matter ofArtie Air Alaska, Inc. ) FAA Case No. 2011WP910076 )

### -------------------------~ COMPLAINT The Federal Aviation Administration ("Complainant") by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. On June 18,2013, Respondent was advised by mailthrough a Notice ofProposed Civil Penalty thatthe FAAproposed to assess a civil penalty inthe amount of$8,200. OnMay 19, 2014, 2014, Respondent requested a hearing. II. I. Arctic Air Alaska, Inc. ("Arctic Air") is now, and at all times mentioned herein was, the holder ofAir Carrier CertificateNo. A2KA929W, issuedunder 14 C.F.R. part 119, and authorized to conduct operations under 14 C.F.R. part 135 ofthe Federal Aviation Regulations. 2. At all times mentioned herein, Arctic Airwas required to comply withthe requirements of 14 C.F.R. part 120 and 49 C.F.R. part 40 for its Antidrug and Alcohol Misuse Prevention Program.3. On or about May 24,2012, the Federal Aviation Administration conducted an inspection ofArctic Air's Antidrug and Alcohol Misuse Prevention Program. 4. As a result ofthe inspection, the following was discovered:

a. On or about April23, 2012, Arctic Air hired Robert Osterhoudtto perform maintenance or preventive maintenance duties. b. On or about May 1, 2012, Arctic Air permitted Mr. Osterhoudt to perform safetysensitive maintenance on civil aircraft N3741Z, listed on Arctic Air'spart 135 operations specifications.

c. On or about April23, 2012, Artie Air permitted Mr. Osterhoudt to perform safetysensitve maintenance on civil aircraft Nl074F, listed on Artie Air'spart 135 operations specifications. d. Arctic Air hired Mr. Osterhoudt for a safety-sensitive function without first conducting a pre-employment drug test and receiving a verified negative result.

e. Between July 1, 2010 and December 31, 2010, Arctic Air conducted the following tests:

1. Specimen ID # 6431079, collected on or about August 3, 2010.11. SpecimenID # 6431084, collected on or aboutAugust 11, 2010. 111. Specimen ID 

### # 2189893, collected on or about September 13,2010. IV. SpecimenID # 2189938, collected on or about October 4, 2010. v. SpecimenID # 2189979, collected on or aboutNovember 11, 2010. f. Arctic Air's laboratory, Quest Diagnostics, did not transmit the employer-specific aggregate statistical summary to Arctic Air for the period ofJuly I, 2010 to December 31,2010. III. I. By reason ofthe foregoing, Arctic Airviolated the following Federal Aviation and Department ofTransportation Regulations: (a)

(b) 14 C.P.R.§ 120.109(a)(l), inthat it hired Mr. Osterhoudt for a safetysensitive function listed in 14 C.P.R. § 120.105 without first conducting a pre-employment drug test and receiving a verified negative drug test result for that individual; 49 C.P.R. § 40.111(a) and 49 C.P.R. §40.1ll(a)(3), inthat its laboratory did not transmit an employer-specific aggregate statistical summary to Arctic AirbyJanuary 20, 2011, coveringthe time period from July I, 2010 to December 31,2010.2. Under the facts and circumstances ofthis case and in accordance with 49 U.S.C. § 4630l(a)(5)(A), a civil penalty inthe amount of$8,200 is appropriate. WHEREFORE, the Agency, by counsel, respectfullyrequests thatthe Administrative Law Judge enter an order that Respondent be assessed a civil penalty inthe amount of$8,200. Datedthis 22nd day ofMay, 2014. PeterJ. Lynch Assistant ChiefCounsel for E orcement
n 1 ingham Enfo mentDivision Office ofthe ChiefCounsel (202) 267-7728 PLEASE NOTE: Pursuant to Title 14 C.F.R. § 13.209(a), you are required to file a written answer to this Complaint, or a written Motionto Dismiss ifappropriate, not later than thirty (30) days after the date shown onthe Certificate ofService which follows.CERTIFICATE OF SERVICE I hereby certify thatthe foregoing Complaint, 

### in the Artie Air Alaska, Inc., FAA Case No. 2012WP910268, has beenmailedthis date by Certified Mail to: James I. Hamilton President/CEO Arctic AirAlaska, Inc. 3540 University Ave. South Fairbanks, AK 99709 The original and a copy was also personally delivered to: Hearing Docket (Original and I copy) Federal AviationAdministration 600 Independence Avenue, S.W. Room 2WIOOO-AGC-430 Washington, DC 20591 May 22,2014