### U.S. DEPARTMENT OFTRANSPORTATION Office of Hearings Washington, D. C.

The Liberty Foundation, Inc. FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) Han. J. E. Sullivan, Administrative Law Judge

# RECEIVED DEC 23 2013 

## HEARING DOCKET

NOTICE OFSERVICEOF 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 dayof December, 2013 (ExhibitA).

CERTIFICATE OFSERVICE I HEREBYCERTIFYthaton this 11th dayof December, 2013, thisdocumentwas served on the persons/entities listed below in the manner setforth.**·~** 

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# ailec&ff:--=- stuartA. 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

STUARTA. GOLDSTEIN, P. A 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: (305) 670-1222 F: (305) 400-0685 EMAIL: STliA8TGO! QSJE!NPA®ATINFJOnecopywasserved upon: Christopher Stevenson, Esq. Officeofthe Regional Counsel Southern Region FederalAviationAdministration P. 

### 0. Box20636 Atlanta, GA 30320 By Facsimile: (404) 305-5223 and regular U. S. Mail SERVICE LIST

and an original and one copywas served upon: FederalAviationAdministration 600 IndependenceAvenue, S. W. Washington, D. C. 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building, Suite 2W1000 By regular U. S. Mail and one copywas served upon: The HonorableJ. E. Sullivan,Administrative Law Judge Officeof Hearings, M-20 U. S. DepartmentofTransportation 1200 New JerseyAvenue, S. E. (E11·310) Washington, D. C. 20590 By Facsimile (202) 366-7536 and regular U. S. Mail

STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite380. Miami,FL 33156 T: (305) 670-1222 F: (305) 400-0685 EMAIL: STUARTGOLQ$IE!NpA@AllNET 2

### U.S. DEPARTMENT OFTRANSPORTATION Office of Hearings Washington, D. C.

The Liberty Foundation, Inc. FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction) Hon. J. E. Sullivan, Administrative Law Judge

RESPONDENT'SSUPPLEMENTAL RESPONSETO 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 November26, 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 costofwork performed on the fuel system. Respondent's Initial Responseto 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 documentsto the FAA is such exist."

1 Order Denying Respondent's MotionTo Strike,And Granting/Denying Other Relief STUARTA GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: (305) 670-1222 F: (305)400-0685 EMAIL: STlJARTGOLDSTEINPA®ATTNET 

# A2 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 responseto FAA's requests or in its initial disclosures. Undersigned counsel states he made good faith effortsto 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 communicationswere oral. FAA's Limited Interrogatory

### #3: Statewith specificity the factual and legal basesfor your denial of paragraph 5(a) ofthe Amended Complaint, including but not limited to specifically any and all bases for your belief that Mr. Schneider used methods, techniques, and/or practices acceptableto theAdministrator. Paragraph S(a) oftheAmendmentTo 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 acceptabletothe Administrator.

2 FAA Motion, p.B. STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: (305) 670-1222 F: (305) 400-0685 EMAIL: ST!JARTGO! QSTEINPA®ATTNET3 Respondent's Initial Responseto 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 rightto 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 discoveryexchange." Respondent's Supplemental ResponseTo Limited Interrogatory#3: As an initial matter, Respondent notes that paragraph S(a) of the AmendmentTo Complaint is virtually identical to paragraph 14 of the original Complaint and, therefore should be stricken from the Amendment as duplicative. Notwithstanding the foregoing, Respondentsupplements 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 ofthe methods and techniques ofthe workwas 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

STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: (305) 670-1222 F: (305) 400-0685 EMAIL: STUARTGO! DSIE!NPA®ATTNET4 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. Thefuel 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. Thisfiller rod is what is recommended by all manufacturersfor welding these alloys. The welds were inspected visually and the tanks filled with fuel to verify any possible leaks. No leakswerefound. 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, acceptableto the Administrator.

Respectfully submitted, STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite 380 Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 670-7065 Email: stuartgoldsteinpa@att.net 

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# YJJ:Jri/ick= StuartA. Goldstein Attorneyfor Respondent

STUARTA. 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@ATINET5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing has been served on this 11th day of December, 2013, as setforth below: Christopher R. Stevenson, Esq. Officeofthe Regional Counsel FederalAviationAdministration 

### P. 0. Box 20636 Atlanta, GA 30320 By Facsimile (404) 305-5223 and regular U. S. Mail and thatan original and one copywas served upon: Hearing Docket Clerk, AGC-430 WilburWright Building, Suite2W1000 FederalAviationAdministration 800 IndependenceAvenue, S. W. Washington, D. C. 20591 and thata copywas served upon: HonorableJ. E. Sullivan Officeof Hearings, M-20 U. S. DepartmentofTransportation 1200 NewJerseyAvenue, S. E. (E11-310) Washington, D. C. 20590 By Facsimile: (202) 366-7536 and regular U. S. Mail 

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STUARTA. GOLDSTEIN, P.A 7300 North Kendall Drive, Suite380, Miami,FL 33156 T: (305} 670·1222 F: (305) 400·0685 EMAIL: STlJARTGO! QSIEINPA@ATINET