07/03/2012 08:37 FAX 2024835142 FAA 

.lRECEIVED 

U. S. Dtlpartm<Jnr JUN 2 7 2012. 

of Transportal ion 

Federsl AviatioJJ 

Administration 

HEARING DOCKET 

In Reply 

Refer to: 

June 21,2012 

CERTIFIED 

AGL-7J 

2011-GL-03-0070 

Hearing Docket 

Federal Aviation Admir1istration 

Hearing Docket Clerk, AGC-430 

Wilber Wright Building- Suite 2W1 000 

800 Independence Avenue, S.W. 

+ OMS ~001/010 

. · ·.: r:'i\riTMENT OF .. ; '"' '' :· ll\; ''('~"'"'R~tA1 , ,JlJ .. I. (1J \j (• tL k R '"1

' ,,,u, ·' vrea a es eg.1u. ,,., r..- r· -r ''· 0- 1.-1-l h .. rl ·J, r, 

2300 East Devon Av<tn\:lrt' c.~l Lr'it I ' l'·iv I I ' •: >• ~ 1 "" J...1 ~ J; • 

Des Plaines. Illinois 60018-4696 

-3 J:\ 10: 2b 

Area Code 847 294-7109 

Washington, DC20591 dO!~- O'f?7 

Re: Liberty Foundation, Inc. 

FAACase No.: 2011-GL-03-0070 

Enclosed herewith please find the original and one copy of the Complaint in the above-referenced 

proceeding. . 

The FAA requests that the hearing in this matter be held in Chicago, Illinois, and expects that the 

hearing will last two days. 

Please address all communications for the FAA to lhc undersigned at: 

Adrianne Wojcik 

Federal Aviation Administration 

Great Lakes Regkm, AGL· 7J 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 

Phone (847) 294-7109 

Fax (847) 294-7498 

Enclosures: Complaint 

Sincerely, 

Adrianne 

A~ Wojcik 

Attorney 

cc: Respondent (w/copy of Complaint), Respondellt's Counsel (w/copy of Complaint) 
07/03/2012 08:37 FAX 2024935142 FAA + OMS 

U.S. DEPA~TMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D.C. 

-------------·· ·--

Liberty Foundation, Inc. 

FAA DOCKET NO. CP*not yet assigned* 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Administrative Law Judge *not yet assigned"' 

COMPLAINT 

On June 5, 2012, Respondent, Liberty Foundation, Inc. (Liberty Foundation) was advised 

141002/010 

. through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty 

in the amount of $43,250.00. Liberty Foundation, by counsel, has submitted a written request for 

a hearing, dated June 20,2012, which was received by the Agency Attorney on June 20, 2012. 

I 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to 

Rule 208 ofthe RuJes ofPractice (14 C.F.R. 13.20S),"and states as follows: 

1. At all times relevant hereto Liberty Foundation Inc. (Liberty) was the registered 

owner of a Boeing B-17G, registered as N390TH, and bearing Serial· Num her 44· 

85734. 

2. N390TH is certificated as a Limited Category aircraft, which must be maintained 

in accordance with requirements of 14 CFR Part 43. The aircraft mu~t be also 

maintained inr accordance with FAA Exemption 8565C. 
07/03/2012 08:37 FAX 2024835142 FAA + OMS ~ 003/010 

3. On or about Febn1ary 24, 2011. Mr. Rodney Schneider, Airman Certificate 

number 264901 0 with Airframe and Powerplant ratings, perfonncd maintenance 

on N390TH, which included, as described by him, the removal and replacement 

of all six fuel tanks (the February 24, 2011 maintenance). 

4. Instead of replacing the bladder fltel tanks that had been properly installed in 

N390TH, Mr. Schneider fabricated aluminum tanks, without the benefit of 

approved data, an appropriate field approval, or any other engineering data 

acceptable to the Administrator. 

5. The replacement of the bladder fuel tanks with the aluminum tanks fabricated by 

Mr. Schneider was a major alteration ofN390TH without approved data, without 

an appropriate field approval, and without a supplemental type certificate or any 

other engineering data acceptable to the Administrator. 

6. Mr. Schneider's fabrication of the aluminum tanks and installation of these tanks 

in N390TH resulted in a major alteration ofN390TH as that term is used in 14 

C.F.R. Part 43 and its appendices. 

7. The a.Juminum fuel tanks fabricated and installed in N390TH in February 

2011 by Mr. Schneider did nol conform to the type design or type 

certificate lor N390TH and rendcrr.:d N390TH unairworthy. 

8. On February 24, 2011, N390TH was approved lor return to service by Mr. 

Schneider at an aircraft total time of2474.7 hours. 

2 

9. Neither Mr. Schnejder, nor anyone else. fbr the benefit of Liberty, entered a 

description, in the aircraft log, of the work actually performed by Mr. Schneider 

on N390TII during the February 24, 20 II maintenance. Spccit1cally, there was· 

no description of the fabrication of the aluminum fuel tanks or a description of the 

major alteration ofthe fuel system ofN390TH. 
07/03/2012 08:37 FAX 2024835142 FAA -. OMS 141 004/010 

1 0. At ali times relevant hereto Mr. Schneider was not a person authorized, by 14 

C.F.R. § 43.7, to approve N390TH for return to service following the fabrication 

of aluminum fuel tanks and the major alteration of its fuel system. 

11. Liberty operated N390TH in an unairworthy condition in excess or 100 

hours, on more than 12 flights, after the February 24,2011 maintenance 

and. the major alteration to the aircraft's fuel system without approved data 

and without a field approval and while it remained unairworthy. 

3 

12. On June 13, 2011, Mr. Schneider performed additional maintenance on N390TH, 

specifically he performed maintenance on a fuel leak in the #1 main fuel tank (the 

#1 tank). (the June 13, 2011 maintenance) 

13. On June 13, 2011, the #I tank installed in N390TH was one of the fuel tanks that 

Mr. Schneider fabricated in February ()f2011. 

14. When Mr. Schneider repaired the #1 tank onJune 13.2011, he failed to use the 

methods, techniques, and practices prescribed in the current manufacturer1s 

maintenance manual or Instructions for Continued Airworthiness prepared by its 

manufacturer, or other methods, techniques, and practices acceptable to the 

Administrator. 

15. When Mr. Schneider repaired the #1 tank on June 13,2011. he failed to do that 

work in such a manner and use materials of such a quality, that the condition of 

the aircraft would be at least equal t(> its original or properly altered condition 

(with regard to structural strength, resistance to vibration and deterioration, and 

other qualities affecting airworthiness). 

07/03/2012 08:37 FAX 2024935142 FAA "' OMS ~005/010 

16. Although Mr. Schneider approved N390TH for return to service following the 

June 13, 2011 maintenance, N390TH was not in a condition equal to its original 

or properly altered condition and was unairworthy. 

1 7. An additional flight was made on June 13, 20 11 after the June 13, 20 11 

maintenance. That flight ended after an in-flight fire and subsequent emergency 

off ai:rport landing. 

By reason of the foregoing facts and circumstances, Liberty Foundation violated the following 

Federal Aviation Regulations: 

a. 14 CFR 91.405(b ), which states that each owner or operator of an aircraft shall 

ensure that maintenance personnel make appropriate entries in the aircrail 

maintenance records .indicating the aircraft has been approved for return to 

b. 14 c~~R 91.407(a), which states that no person may operate any aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration 

unlcss-

(1) It has been approved for return to service by a person authorized under §43. 7 

ofthis chapter; and 

(2) The maintenance record entry required by §43.9 or §43.11, as applicable, of 

this chapter has been made. 

c. And, on each flight following the February 24, 2011 maintenance, 14 CFR 

91. 7(a), which states that no person may operate a civil aircraft unless it is in an · 

airw<Hthy condition. 

4 
07/03/2012 08:37 FAX 2024935142 FAA -t OMS 141008/010 

II 

1. Pursuant to Title 49 of the United States Code, Section 46301 (49 U.S.C. § 46301), Liberty 

Foundation is subject to a civil penalty not to exceed $11,000.00 for each violation alleged. 

2. Under the facts and circumstances of this case, a civil penally of$43,250.00 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law J udgc enter an Order that Respondent be assessed a civil penalty in the amount of 

$43,250.00. 

RcspectfuJly submitted this 21·'t day ofJune 2012. 

Adriannc Wojcik 

Attorney 

Federal Aviation Administration 

Great Lakes Region, AGL-7K 

2300 East Devon A venue 

Des Plaines, JL 60018 

Phone: (847)294-7109 

Fax: (847)294-7498 

5 
07/03/2012 08:37 FAX 2024835142 FAA + OMS 

Certificate of Service 

1 hereby certify that the foregoing Complaint has been mailed this 21 sr day of June 2012. by 

Certified Mail, Return Receipt Requestcd,to: 

Original and One Copy: 

Hearing Docket 

Federal Aviation Administration 

Hearing Docket Clerk, AGC-430 

Wilber Wright Building- Suite 2Wl000 

800 Independence Avenue, S.W. 

Washington, DC 20591 

One Copy: 

Mr. Stuart Goldstein 

Liberty Foundation Inc. 

9350 South Dixie Hwy. FL 10 

Miami, FL 33156·2951 

Telephone: 

Fax: 

(305) 670-1 222 

(305) 670-7065 

Dated this 21st day of June 2012. 

c}. rtJQAQfUAJ 

Tammy Gardner 

T .egal Technician 

FAA Great I .akes 

@007/010 

6 
2024935142 FAA .;. OMS ~008/010 

07/03/2012 08:37 F~X @0001/000:} 

.;. : 1 ~ / ~' I I" • 

93SO SoW! Dixie. Highway, I'Oth Floor 

Miami, Florida 331.5'& T: (305) 670~'1 ll2. F: (305) 670.;.7065 

STUABTGQL[)~F!NPA@,.;ITNET 

FAX TRANSMISSION 

To: AdriaoneWojcik. Esq. (847) 294-7498 

Date: June 20, 20~12 

From: Stuart A Goldstein, Esq. 

Number of paces inCluding cover: 3 

Regaralng: FAA v. The Liberty Foundation, 'ncJR.eq.uest For Hearing 

Comment: Copy being mailed to you today~ 

STUART A. GOLDSTEIN 

BOAN) CER.'TIFIED AVIATION LAW ATIORNEY 

ITUART A GOLOSTEJN, ~ A. 

'3SOS0UTH DIXIE HIGHWAY. lOTH FLOO~ 

MIAMI, FL 33 I 56 

TEL: (30S) 610..1222 

F~: (305)670.7065 

CF:l.L: (JOS) 338-4700 

This electronic mail mess~e conuln:; confidential informacion which i$ ar~ attomet-ellent pffl\IE!ftd communic:tcion, 

work produet, proprletal"l•n nature or otherwise protea:ed by law .from discJc,sur.e, and is intenCJed onlv for the use of the addres~s:'. named above. if you are not <In ~ddrasee, ar. the JJI!!Son mponslble for delivering ihil' to·an 

addre$S«, }'OU ~ hereby notified diat readifl&. cOpying, <SI" di$tlibur.illg tbis message i$ prohibited; If )'OU flavc l"e~ 

tbls elearonlc mail messate in error; please rePlY to the! sender and taMe the steps ~~~sary co delete this message completely ff'Om your computer.. 

IRS CIRCULAR 2SO DISCI.OSUftE. Unlau upns.sly stateclothcrwtse, any U. $. Federral Tax. 

advk:e contained In the ornaJI message. lnd&r-ltng att!Achnaencr, ls not ~t~tended or written by STUART A. GOLDSTEIN~ P. A.. ~ be u~ IUid any ~uch m:1t advice canQot be used, for the 

purpolle of avoidifiS panattlos 1ihat may be lmpoHMJ bJ· Cftll Internal Reveru.1e Service, 

· .. ,, •' II 

f." "' ". '<' 1

fA• 

,, • ,. 
07/03/2012 08:38 FAX 2024935142 

06/20/2012 13:29 FAX 3056707065 

FAA + OMS . 

UNITED. STATES OF AM.EAJCA 

FEDERAL A VIA nON ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, FAA Case No: 

V. · 2011-GL-03-0070 

THE LIBERTY FOUNDATION, INC., 

Respondent. 

RESPONDENT'$ HEARING REQUESI 

141009/010 

li!J 0002/0003. 

Respondent, THE LIBERTY FOUNDATION, INC., by and through its undersigned 

attorneys, pursuant to 14 CFR §13.16 and 14 CFR §13.210, herewith requests a 

. . 

hearing on the Administrator1s Final Notice of Proposed Civil Penalty dated June 5, 

2012, received June 8, 2012. 

Stuart A~ Goldstein, P. A. 

9350 South Dixie Highway, 1Oth Floor 

Miami, FL 33156 

Tel: (305) 670·1222 

Fax: (305) 670-7065 

Email: stuartgoldsteiopa@att.ne.t 

Attorney for Respondent 

By:lrw&l~L Stuart A. Goldstein 

SIUARTClO! OSTf!NpA.fiA'M"NEI 
07/03/2012 08:38 FAX 2024835142 

06/20/2012 13:29 FAX 3056707065 

FAA 

CERTIFICATE OF SERVICE 

+ OMS ~010/010 

~0003/0003 

, I HEREBY CERTIFY, that on this 20th day of June, 2012, the original and one 

copy of this Request was served via United States mail on: Federal Aviation 

Administration, 800 Independence Avenue, S.W., Washington, D. C., 20591, attention 

Hearing Docket Clerk, AGC-430, Wilbur Wright Building-Suite 2W1-000, and that a copy 

was served via facsimile (847) 294·7498 and·regular United States Mail upon Adrianne 

Wojcik, Esq., Office of the Regional Counsel, 2300 East Devon Avenue, Des Plaines, IL 

60018. 

By:.kda_.~ Stuart A. Goldstein 

, SI!JAAIOOl QSifiNPAfiiATT NET