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^ 

U.S. Department Office of Ihe Chief Counsel 800 Independence Ave., S.W. 

Of rransportation Washington, D.C. 20591 

Federal Aviation 

Administration 

CERTIFIED MAIL - RP/l'URN RECEIPT REQUESTED 

November 17,2010 ::; -^ 

l^'cderal Aviation Administration ' O-'-Rz^ 

600 Independence Avenue, S.W. '"'^ [JiE^'^n 

Wilbur Wright Building-Suite 2W1000 2oto-tzn > g^->^S 

— ) -

By: ,>J^<UL<':i^^f^^^ yi, ^ 

I^ura/Bonto 

Allimiey 

Office of the Chief Counsel 

Cc; Dr. Michael B. Selig 

President 

M & R Helicopters, LLC 

2045 Westgate Dr., Suite 205 

Bethlehem, PA 18017 

Washington,D.C. 20591 f\D,ACh A^, I = ^''^ ^ 

Aim: Hearing Docket Clerk, ACTC:'430 LTI O O U 001 1 

Re: DOT Docket No. TBA, FAA case no. 2009SO950434 

To Whom It May Concern: 

Enclosed please find a copy of M & R Helicopters' request for hearing, dated 

October 27, 2010, and the original and one copy of the complaint in the above-referenced 

proceeding. The Complainant requests that the hearing in this matter be held in 

Philadelphia, PA and expects that the hearing will last one (1) day. 

Please address all communications for the Complainant to Laura Ponto, Attorney, 

Enforcement Division/AGC-300, Office of the Chief Counsel, Federal Aviation 

Administration. 800 Independence Avenue, S.W., Washington, D.C. 20591, (202) 267-

9863, facsimile (202) 267-5106. 

Sincerely, 

Peter Lynch 

Assistant Chief Counsel 
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Before the U.S. Department of Transportation 

Federal Aviation Administration 

) 

In the matter of ) 

) Docket No. TBA 

M&RIIELICOPTER ) FAA Case No. 2009SO950434 

) 

) 

) 

COMPLAINT 

Pursuant lo Rule 208 of the Rules of Practice in FAA Civil Penalty Actions, 

14 C.F.R. § 13.208, tlie Complainant, Federal Aviation Administration (FAA), hereby 

files its Complaint in the abovc-captioned matter. 

T. 

Respondent M & R Helicopters, LLC (M «fe R Helicopters), was advised through 

a Final Notice of Proposed Civil Penalty on October 21, 2010, that the FAA proposed to 

assess a civil penalty in the amount of $5,400 for violations of Federal Aviation 

Regulations. By letter dated October 27, 2010, Respondent requested a hearing in the 

above-captioned matter. 

II. 

1. M & R Helicopters, LLC (M & R Helicopters) is now, and at all times 

mentioned in this document was, the holder of Air Carrier Certificate No. MR3A020K, 

issued under 14 C.F.R part 119 and authorized to conduct operations under 14 C.F.R. 

part 135 of the Federal Aviation Regulations. 

2. At all times mentioned in this document, M &. R Helicopters' operations 

specifications required it to comply with 14 C.F.R. part 121, Appendices I and J and 

I 
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49 C.F.R. Part 40 for its antidrug and alcohol misuse prevention program. 

3. At all times mentioned in this document, 14 C.F.R. §§ 135.251(a) and 

135.255(a) required that M & R Helicopters test each employee who performs a safetysensitive function listed in 14 C.F.R. part 121, Appendix I and J in accordance with those 

appendices. 

4. Under 14 C.F.R. part 121, Appendix I, § TTI, an employee who performs 

aircraft maintenance or preventive maintenance duties, directly or by contract for M & R 

Helicopters, is performing a safety-sensitive function and must be subject to drug testing 

under an antidioig program implemented in accordance with that appendix. 

5. Under 14 C.F.R. part 121, Appendix J, §II.A, an employee who performs 

aircraft maintenance or preventive maintenance duties, directly or by contract for M & R 

Helicopters, is performing a safety-sensitive function and must be subject to alcohol 

testing under an alcohol misuse prevention program (AMPP) implemented in accordance 

with that appendix. 

6. At all limes mentioned in this document, 14 C.F.R. part 121, Appendix I, 

§V.B, required each safety-sensitive employee to be subjected to DOT-required random 

drug testing in accordance with that Appendix. 

7. At all times mentioned in this document, 14 C.F.R. part 121, Appendix J, 

§111.C, required each safety-sensitive employee to be subjected to DOT-required random 

alcohol misuse testing in accordance with that Appendix. 

8. On or about November 2, 2007, November 18, 2007, and July 24, 2008, 

Mr. Edward Baker TIT performed safety-sensitive functions for M & R Helicopters. 
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9. Mr. Baker was not included in M & R Helicopter's random pool for DOTrequired drug and alcohol testing at the time of the performance reference in paragraph 8. 

10. Mr. Baker did not have and was not included in an FAA-mandated 

antidrug program and AMPP at the time he perfoimed safety-sensitive fiinctions for M & 

R Helicopters, as sel forth in paragraph 8. 

11. By reason of the foregoing, M & R Helicopters violated the following 

FAA regulations: 

(a) 14 C.F.R. § 135.251 (a), in that it failed to test each employee who 

performed a safety-sensitive function listed in 14 C.F.R. part 121, Appendix I in 

accordance with Section V.A.1 and Section V.B.5 of that appendix. 

(b) 14 C.F.R, § 135.255(b), in that it failed to test each employee who 

performed a safety-sensitive function listed in 14 C.F.R, part 121, Appendix J in 

accordance with the provisions of Section II1.C.5 of that appendix. 

III. 

1. Pursuant to 49 U.S.C, § 46301(a)(5)(A), Respondent is subject to a civil 

penally for each of the violations alleged. The maximuin civil penalty per violation is 

$11,000. 

2. Under the facts and circumfJtances of this case, a civil penally of $5,400 is 

appropriate. 
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WHEREFORE, Complainant respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $5,400. 

Respectflilly submitted. 

Date: November 17, 2010 

Peter J. Lynch 

Assistant Chief Counsel 

V ^ 

ra Ponto 

Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Phone: (202)267-9863 

Facsimile: (202)267-5106 
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Certificate of Service 

I hereby certify that on this date I have placed in the U.S. mail, postage prepaid, 

certified return-receipt, a copy of the Complaint in the case of/« the Mailer ofM&R 

Helicopters, FAA Case no. 2009SO950434, addressed to: 

Dr. Michael B. Selig 

President 

M & R Helicopters, LLC 

2045 Westgate Dr., Suite 205 

Bethlehem, PA 18017 

In addition, 1 hereby certify that on this date 1 have sent by the U.S. mail, postage 

prepaid, certified return-receipt, the original and one copy of the foregoing document to: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

^J>G>I^AnocD(VL 

Dated: November 17, 2010 
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M&R Helicopters 

DR Helicopters (DRH) 

2045 Westgate Drive 

Stiite"205 

Bethlehem, PA 18017 

October 27, 2010 

Laura Ponto, Esquire 

Enforcement Division/AGC-300 

Office of the Chief Counsel 

FAA 

800 Independence Avenue, SW 

Washington, DC 20591 

Sent by CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Re: Case No. 2009SO950434 

Dear Ms Ponto: 

Pursuant to correspondence dated October 21 , 2010 and the telephone 

communication on October 1, 2010 requesting a hearing, please be advised 

that DR Helicopters will again reiterate its request to have a hearing concerning 

this matter to mediate the miscarriage of justice and the appropriateness of 

sanctions in this case. 

In accordance to the standard rules of court and standards of legal 

practice, please provide a full and complete copy of the text of every regulation 

referenced as a violation, inclusive of adoption dates, as I have found them 

difficult to access on the FAA website or several search engines and are not 

listed in the standard FAR. You have been so very kind to provide now 4 copies 

of the penalty proceedings regulations, but completely omitted copies of the 

actual language referenced in the regulations that you claim arc in violation. 

Thank you for providing me with some of the investigation report, but a 

complete report is needed at this time. There was one page that was corrupted, 

dedacted and spoliated, please provide the complete unaltered document. The 

other documents given were not helpful and already in my records. You did 

not include the text for the reference for the case of Jordon v Department of 

Justice. You did not provide the specific regulation and text detailing the 

allowance of your disclosure restriction. 
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Thank you for your kind considerations. 

Yours sincerely, 

.x^ll ^ 

Michael Selig, MD, FACC, CFI-H \ ' 

cc. Federal Administration Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building-Suite 2W1000 

Washington, DC. 20591 

ATTN: Hearing Docket Clerk, AGC-430