U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D. C. 

The Liberty Foundation, Inc. 

FAA DOCKET NO. 2012-0477 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Han. J. E. Sullivan, Administrative Law Judge 

RECEIVED 

DEC 23 2013 

HEARING DOCKET 

NOTICE OF SERVICE OF RESPONDENT'S SUPPLEMENTAL RESPONSE 

TO FAA'S LIMITED DISCOVERY REQUESTS 

In accordance with the Court's "Order Denying Respondent's Motion To Strike 

And Granting/Denying Other Relief" dated November 26, 2013, Respondent, Liberty 

Foundation, Inc., herewith notices the service of Respondent's Supplemental Response 

To FAA's Limited Discovery Requests, on this 11th day of December, 2013 (Exhibit A). 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 11th day of December, 2013, this document was 

served on the persons/entities listed below in the manner set forth. 

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stuart A. Goldstein 

Attorney for Respondent 

7300 North Kendall Drive, Suite 380 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 670-7065 

Email: stuartgoldsteinpa@ att.net 

STUART A. GOLDSTEIN, P. A 

7300 North Kendall Drive, Suite 380, Miami,FL 33156 

T: (305) 670-1222 F: (305) 400-0685 EMAIL: STliA8TGO! QSJE!NPA®ATI NFJ 
One copy was served upon: 

Christopher Stevenson, Esq. 

Office of the Regional Counsel 

Southern Region 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

By Facsimile: (404) 305-5223 

and regular U. S. Mail 

SERVICE LIST 

and an original and one copy was served upon: 

Federal Aviation Administration 

600 Independence Avenue, S. W. 

Washington, D. C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

By regular U. S. Mail 

and one copy was served upon: 

The Honorable J. E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U. S. Department of Transportation 

1200 New Jersey Avenue, S. E. (E11·310) 

Washington, D. C. 20590 

By Facsimile (202) 366-7536 

and regular U. S. Mail 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380. Miami,FL 33156 

T: (305) 670-1222 F: (305) 400-0685 EMAIL: STUARTGOLQ$IE!NpA@All NET 

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U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D. C. 

The Liberty Foundation, Inc. 

FAA DOCKET NO. 2012-0477 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Hon. J. E. Sullivan, Administrative Law Judge 

RESPONDENT'S SUPPLEMENTAL RESPONSE TO FAA'S 

LIMITED DISCOVERY REQUESTS 

Respondent, The Liberty Foundation, Inc. ("Liberty") herewith supplements its 

Responses to FAA's limited discovery requests, pursuant to the Court's Order of 

November 26, 2013.1 

FAA's Limited Request For Production #2: 

Please produce any and all documents concerning the work performed on the 

fuel system during the winter of late 2010 and early 2011 that culminated in the 

February 2011 return to service, including but not limited to any communications to or 

from Rodney Schneider, Ray Fowler, and Cullen Underwood about the type, manner or 

cost of work performed on the fuel system. 

Respondent's Initial Response to Limited Request For Production #2: 

All such documents have been produced previously. Respondent does not have 

possession of non-oral communications between the persons named in this Request. 

The Court's Order requires Respondent to produce the requested documents, 

including "documents held by an officer or agent of the party. The Respondent must 

assert it made good faith efforts to obtain any documents that might exist relating to 

communications between Messers. Schneider, Fowler, and Underwood, and to disclose 

such documents to the FAA is such exist." 

1 Order Denying Respondent's Motion To Strike, And Granting/Denying Other Relief 

STUART A GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380, Miami,FL 33156 

T: (305) 670-1222 F: (305) 400-0685 EMAIL: STlJARTGOLDSTEINPA®ATT NET A 
2 

Respondent's Supplemental Response To Limited Request For Production 

#2: 

As a preliminary matter, Respondent's initial response in no way indicated, nor 

was intended to indicate, that it was limited to documents in counsel's possession. 

Further, the assertion in FAA's motion to compel that the only documents previously 

produced by Respondent in this regard were photographs and the log entry, is a blatant 

misrepresentation.2 Respondent produced many, many pages of documents, including 

manuals, to FAA. These documents were provided early on to FAA, which in turn 

produced them back to Respondent. Respondent then either produced these 

documents or referenced them in response to FAA's requests or in its initial disclosures. 

Undersigned counsel states he made good faith efforts to obtain any documents 

that might exist relating to communications between Messers. Schneider Fowler, and 

Underwood. As to any such documents, undersigned counsel inquired by email of 

those gentlemen and has been advised by all that there are no such documents. That 

all communications were oral. 

FAA's Limited Interrogatory #3: 

State with specificity the factual and legal bases for your denial of paragraph 5(a) 

of the Amended Complaint, including but not limited to specifically any and all bases for 

your belief that Mr. Schneider used methods, techniques, and/or practices acceptable to 

the Administrator. 

Paragraph S(a) of the Amendment To Complaint alleges: 

When Mr. Schneider replaced the bladder fuel tanks with the fabricated 

aluminum tanks, he failed to use the methods, techniques, and practices 

prescribed in the current manufacturer's maintenance manual or 

Instructions for Continued Airworthiness prepared by its manufacturer, or 

other methods, techniques, and practices acceptable to the Administrator. 

2 FAA Motion, p.B. 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380, Miami,FL 33156 

T: (305) 670-1222 F: (305) 400-0685 EMAIL: ST!JARTGO! QSTEINPA®ATT NET 
3 

Respondent's Initial Response to Limited Interrogatory #3: 

Complainant bears the burden of proof as to what methods, techniques, and/or 

practices were or would have been acceptable to the Administrator. The Administrator 

has not provided such proof in this case. In addition, Respondent has a right to rely on 

the maintenance competence of its maintenance providers, including Mr. Schneider, 

who provided Respondent an appropriate return to service. 

The Court ordered Respondent to "provide a specific, good faith basis for that 

denial during discovery exchange." 

Respondent's Supplemental Response To Limited Interrogatory #3: 

As an initial matter, Respondent notes that paragraph S(a) of the Amendment To 

Complaint is virtually identical to paragraph 14 of the original Complaint and, therefore 

should be stricken from the Amendment as duplicative. Notwithstanding the foregoing, 

Respondent supplements its response to Limited Interrogatory #3, as follows. 

To the extent Limited Interrogatory #3 relates to the issue of a major alteration, 

Respondent repeats its previous responses that there was no change to the basic 

design of the fuel system and, therefore, no major alteration of the fuel system. The 

description of the methods and techniques of the work was provided by Mr. Schneider in 

his deposition. The materials used were described by Mr. Genculu in his expert report 

provided to the Administrator many, many months ago and summarized more than a 

year ago on September 27, 2012, in Respondent's Responses To Complainant's First 

Discovery Requests. 

Respondent further states the aluminum tanks were removed from the aircraft 

and inspected for any corrosion or damage that would make them unusable. The 

material used for the tanks is 1100 series aluminum. The old designation is 28 and the 

markings from Alcoa were still visible on the inside. Once the tanks were visually 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380, Miami,FL 33156 

T: (305) 670-1222 F: (305) 400-0685 EMAIL: STUARTGO! DSIE!NPA®ATT NET 
4 

inspected they were abrasive blasted inside and out to remove any paint or surface 

imperfections to prepare for welding. Each tank had a bolted end cap that was welded 

in place. Each vent and flow connection was welded to the tank using AN bung fittings. 

The fuel cap, boost pump and level sensor mounts were copied from the original fittings 

and welded to the tank in the appropriate locations. All fittings were made from 6061 

aluminum. All welding was done using the TIG method of welding and the filler rod 

used was 4043. This filler rod is what is recommended by all manufacturers for welding 

these alloys. The welds were inspected visually and the tanks filled with fuel to verify 

any possible leaks. No leaks were found. 

There are no Instructions for Continued Airworthiness prepared by Boeing or 

methods, techniques, and practices specified in the current manufacturer's (Boeing's) 

maintenance manual for replacing bladder tanks with the aluminum tanks. However, 

the methods, techniques, and practices as well as the materials used meet the 

requirements of FAR43.13(a) in that they are recognized in the aviation community as 

appropriate and safe for this type of welding and are and have been, therefore, 

acceptable to the Administrator. 

Respectfully submitted, 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 670-7065 

Email: stuartgoldsteinpa@att.net 

.I . ) J;) . 1 

By: /r:;;;:rrJJ /{ YJJ:Jri/ick= 

Stuart A. Goldstein 

Attorney for Respondent 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380, Miami,FL 33156 

T: (305} 670-1222 F: (305) 400·0685 EMAIL: STI JARTGO! QSTF!NfA@ATINET 
5 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that the foregoing has been served on this 11th day of 

December, 2013, as set forth below: 

Christopher R. Stevenson, Esq. 

Office of the Regional Counsel 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

By Facsimile (404) 305-5223 

and regular U. S. Mail 

and that an original and one copy was served upon: 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1 000 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, D. C. 20591 

and that a copy was served upon: 

Honorable J. E. Sullivan 

Office of Hearings, M-20 

U. S. Department of Transportation 

1200 New Jersey Avenue, S. E. (E11-310) 

Washington, D. C. 20590 

By Facsimile: (202) 366-7536 

and regular U. S. Mail 

' ( . ~li ~ JBy: )crjfiJ LA, ~I\,~ 

Stuart A. Goldstein 

STUART A. GOLDSTEIN, P. A 

7300 North Kendall Drive, Suite380, Miami,FL 33156 

T: (305} 670·1222 F: (305) 400·0685 EMAIL: STlJARTGO! QSIEINPA@ATI NET