2017-01-17 13:43 

In the Matter of: 

AWP7 - Legal Office 3107256816 >> 2022671293 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFlCE OF HEARINGS 

WASHINGTON, D.C. 

Docket No; FAA-2015-3307 

FELTS FfELD AVIATION 

) 

) 

) 

) 

) 

Cit~~ No: 2015WP91 0090 

Respondent ____ ) Judge J.E. Sulliwn 

COMPLAINANT'S CALCULATION OF THE PROPOSED CIVIL PENALTY 

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Complainant, by and through counsel, provides the following <.O<tlculation of the proposed 

civil penalty pursuant to Judge Sullivan's Order on Dccemb~r 15, 2016. 

During the Federal Aviation Admini~tnttion's (FAA) investigation of Case No. 

2015WP910090, the FAA discovered that Felts Field Aviation (Felts Field) failed to comply 

with the requirements of 14 C.F.R. Part 120 and 49 C.F.R. Pitrt 40 for its dmg and alcohol testing 

program. Sp~cifically, Felts Field hired Richard W~bber-a pilot- in 2008, but failed to add 

Mr. Webber to its random drug and alcohol testing pool until April6, 2015. Mr. W~bber was not 

included in the random selection pool dllring selections made in July 2013, October 2013, 

Junuary 2014, Apri\2014, July 2014, October 2014, and January 2015. Prior to adding Richard 

Webber to its random drug and alcohol testing pool, Felts Field allowed Mr. Webber to perform 

over 60 part 135 flights. 

According to Fi\A Order 2150.3B, Appendix B, fig. B-5-b(l), a moderate to maximum 

civil penalty is recommended for failing to include a safety-sensitive employee in FAA 

mandated dntg and alcohol testing programs. A pilot is a safety-sensitive employee. Under the 

FAA's classiftcations of operators, Felts Field is considered a Group IV operator; and the 

sanction range for a moderate civil penitlty is $2,200 to $4,399 and a maximum civil penalty is 

$4,400 to $11,000. FAA Order 2150.38, Appendix B, p. B-3- B-4. In this case, Felts Field 
2017-01-17 13:44 AWP7 - Legal Office 3107256816 >> 2022671293 p 3/4 

failed to include Richard Webber in it~ drug and alcohol program for years and allowed Mr. 

Webber to operal~ over 60 part 135 flights on its behalf. Failing to subj~ct a flight crew member 

to random dmg and alcohol testing for years could kad to the performance of safety-sensitive 

work in an impaired state. Felts field's failure to include Richard W~bber in its random dmg 

and alcohol testing program for such an extended period of time and allowing Mr. Webber to 

operate part 135 flights on its behalf were careless acts that posed a ~ubstantial threat to air 

safety. A~ a result, such act~ are considered aggravating fact\>rs. See ld. at Ch. 7, para. 4. 

CoJJ~equently, the FAA assessed a maximum civil penalty of $11,000 for thi~ case. Under the 

facts and circumstances of thi~ case, a maximum civil penalty i~ consistent with the FAA's 

guida1we in FAA Order 2150.38. 

Respectfully submitted, 

Naomi Tsuda 

Assistant Chief Counsel for Enforcement 

Fatimah 

~~ Stokley 

Enforcement Division, Western Team 

P.O. Box 92007 

Los Angele~, CA 90009-2007 

Email: fatimah.stokley@faa.gov 

Telephone: (310) 725-7112 

Facsimile: (31 0) 725-6816 

2 
2017-01-17 13:44 AWP7 - Legal Office 3107256816 >> 2022671293 

Docket No. FAA-2015-3307 

Case No. 20l5WP910090 

CERTIFICATE OF SERVICE 

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I hereby Cl!rtify that on this date I have sent by U.S. First Class Mail and facsimile, the 

COMPLAfNANT'S CALCULATION OF THE PROPOSED CIVIL PENALTY, addressed as 

follows: 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Otlice of Hearings, M-20 

U.S. Departm..,nt of Transportation 

1200 New Jersey Ave, S.E. 

East Bldg., Room Ell-31 0 

Washin~o>ton, D.C. 20590 

Fax: 202-366-7536 

Federal Aviation Administration 

Hearing Docket Clerk, AGCA30 

Wilbur Wright Building, Suite 2Wl000 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Fax: 202-267-1293 

Mark J. Conlin 

421 W. Riverside Ave., Suite 911 

Spokane, WA 99201 

Fax: 509-623-1650 

J\.t~(~ Debbie Reed 

Management Program Analyst 

Federal Aviation Administmtion 

Office oflhe Chief Counsel 

Lawndale, California 

Dated; January 17, 2017 

3 
2017-01-17 13:43 

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