# E ECUTIVE FL!TEWAVS ONECLARKDRIVE, RONKONKOMA, NY 11779 (631) 588-3480 ext. 128 fax: (631) 588-5527

March 19, 2014
FederalAviationAdministration 800 IndependenceAvenue, S.W. Washington, DC 20591
Attn: Hearing DocketClerk, AGC-430 WilberWright Building, Suite2W100
RE: FAA Case No. 201280950377 

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MAR 262014 

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Please consider this letter Executive Fliteways' Inc. written response to the Complaint thatwe received on March 11, 2014. Complaint item number 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 notinclude mechanic Leon Parra inthe random testing pool: Mr. Parra received a pre-employmentdrug test and was enrolled in the N.A.D.E. random pool via facsimile. For some undetermined reason, Mr. Parra's name did not appear in the random pool, however he was continuously underthe assumption that he was subject to random alcohol and drug testing.
The 16 months that elapsed between his pre-employment drug test and the recognition ofour omission was not an uncommon period oftime between random tests. Looking back since 2010, the average period between random tests for all our covered employees is over 30 months! Immediately upon recognition of the om1ss1on of Mr. Parra from the random pool, Fliteways self-disclosed the apparent omission to the FfiA and sent Mr. Para to a testing facility for a random drug test which came back negative. It is Fliteways' contention that the inadvertent omission of Mr. Parra in the random testing pool does nottruly represent aserious safetyviolation. Fliteways has instituted a procedure to preclude this type of error for all future new hires. Complaint item number 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. Prior to this most recent audit of our Drug and Alcohol Testing Program, Fliteways, had never requested drug and alcohol records from previous employers for new hire maintenance technicians. In the four previous audits of our Drug and Alcohol Testing Program, no mention ofthis omission has ever been cited by any ofthe auditors. Additionally, until recently, we have neverreceived a SINGLE requestforthe records for any maintenancetechnician that had left our employ and went on to work for other FAR Part 121 or 135 carriers or the Long Island Railroad! Our procedures manual has been amended to reflect the requirement to obtain these records for all future maintenance technicians. All technicians, in addition to their peremployment drug tests were subjected to a Criminal History background check and a check of their driver's licenses for any alcohol or drug related violation. All were negative. Complaint item number6. Fliteways violated 14 C.F.R. part 120when they included non-safety-sensitive employees in the same random drug and alcohol testing pool as DOT covered safety-sensitive employees. It was explained to the auditor that each of the individuals listed had unregulated access to company aircraft, were authorized to energize aircraft systems and assisted in aircraft towing operations. Based on the "spirit" of the law, it seems that these employees did perform safety sensitive functions. Consequently, we felt it prudentto conduct pre-employmenttesting and include these employees in the random testing pool. Once again, in all previous FAAauditsthiswas nevercited as aviolation. However, the auditordemanded thatthey be removed from the random pool with which we immediately complied. The fact thatwe incurred the additional expense to include these individuals in thetesting program should be proofthatwetake our responsibilities to provide our passengers with aircraft operated and maintained by employees that are free ofthe effectsofdrugsand/oralcohol.
The three violations that were cited were addressed immediately upon discovery and actions have been taken to prevent recurrences. Please advisethe date and location of the proposed hearing as I lookforward to presenting our case thateach ofthese issues is ofsmall consequence in regardsto ensuring thatourworkforce is drug free and never operating underthe influence ofalcohol.
Sincerely, 

# # Keo::Z,,**Dire:t~·OG;erations** Cc: JohnW. Grillo, President