06/29/201 0 16:23 FAX 2024935142 FAA + DMS 0001/01 7 

U.S. DEPARTMENT OF TRANSFORIATION i ,_., v,/1 ^ ' * 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF FIEARINGS f: ;?j;) 3 2g)n 

WASHINGTON, D.C 

.'71 1 <•• ' ."- v 

In the Matter of Brendan Airways, LLC 

FAA Case N0.2OO8EA 17003 8 

FAA Docket No. CP09EA0007 

DMS NO. FAA-2009-0032 

The Honorable Ronnie A. Yoder 

-^}APOCKBT 

COMI^LAINANT'S FIRST SET OF INTERROGATORIES. REQUEST FOR 

ADMISSIONS. AND RHOUES T FOR PRODUCTION OF DOCUMENTS 

Pursuant to 14 C.F.R. 13.220 and Rules 33 and 34 of the Federal Rules of Civil 

Procedure, Complainant requests that the Respondent provide the following discovery 

within thirty (30) days. 

It is requested that the Respondent answer the following interrogatories and produce 

the documents hereinafter described. This request shall be deemed to be continuing lo the 

extent permitted by Rule 26(e) of the Federal Rules of Civil Procedure so as to require you 

to file supplemental responses. This request is intended to cover all documents in the 

Respondent's possession or subject to Respondent's custody and control and includes 

documents in the possession of each individual who acts, or has acted at relevant times, as 

an employee, agent or representative of Respondent. 
06/29/201 0 16:2 3 FAX 2024935142 FAA * DMS @1002/017 

DEFINITIONS 

A. When knoM'ledge or information in possession of a party is requested, such request 

includes knowledge of the party's agents, representatives and, unless privileged, Ihe party's 

attorneys. 

B. The pronoun "you" and "yours" refers to the party to whom these interrogatories are 

addressed. 

C. Unless otherwise indicated, these interrogatories refer to the time, place and 

circumstances of the occurrences mentioned or complained of in the pleadings. 

D. When used with respect to an individual, corporate, business or governmental entity, 

"identify" means stale the name and present business or residence addresses of the 

individuals or entities and the employer, governmental or business affiliation and position 

of the individual. 

E. The terms "document" and "statement" mean without limitation, the following items, 

whether printed or recorded or reproduced by any other mechanical process or written or 

produced by hand; agreements, communications, correspondence, telegrams, me:moranda, 

summaries or records of telephone conversations, summaries or records of personal 

conversations or interview's, diaries, reports, notebooks, note charts, plans, drawings, 

sketches, maps, summaries or reports of investigations, opinions or reports of consultants, 

photographs, motion picture films, tape recordings, computerized data, brochures. 
06/29/201 0 16:2 3 FAX 2024935142 FAA * DMS 0003/01 7 

pamphlets, advertisements, circulars, press releases, drafts, letters, any marginal comments 

appearing on any document, and all other writings, including electronic writings. 

F. When used with respect to a document, "identify" means flirnish the document itself, or 

in lieu thereof, the name and date of the document, the name and address of the person or 

persons originating the document, the name and address, if any, of the person or persons to 

whom the document is addressed, the names and addresses of all persons to whom copies of 

the documents were or have been sent, and the organization, firm or agency with which all 

such persons were connected as of the dale of the document, and if not in possession of the 

original or a copy, furnish the name and address of the castodian of the original or a copy, 

or furnish the name and address of a person whom you believe is in possession of the 

original or a copy of such document. 

G. "Oral conununication" means any oral exchange with words. 

H. When used with respect lo an oral communication, "identify" means state the dale and 

place where such oral communication was made, the names of all individuals who 

participated in the communication, and tlieir positions, employers, and employers' 

addresses, the names of all individuals who were present at the time the communication was 

made and their business affiliations and positions, the nature and substance of the 

cormnunication, the nature and sub.stance of each document recording or pertaining to such 
06/29/201 0 16:2 3 FAX 2024935142 FAA - DMS 0004/01 7 

oral communication, and the name and present address of the prc-ient custodiam of each 

such document. 

I. For all interrogatories to which the responding individual has an objection., state the 

factvial and legal basis for the claimed privilege, or any other authority which provides the 

claimed basis for the objection, 

-T- All documents requested as to which the responding individual claims privilege or any 

otlier objection as a ground for non-production shall be identified chronologically as 

follows: 

(a) date, 

(b) title, 

(c) type of document (e.g. memorandum, report, chart, etc.), 

(d) subject matter (without revealing the information as to which privilege or 

statutory authority is claimed). 

(e) factual and legal basis for the claimed privilege, or any other authority which 

provides the claimed ground for non-productivity 

K. The phrase "the aircraft" refers to the Airbus 320-212, identification number N265AV, 

as described in allegation 3 of Section 11 of the Complaint. 

L. ITie phrase "the flight" refers to the operation of the aircraft that occurred on or about 

May 17, 2008 as described in allegation 3 of Section II of the Complaint. 
06/29/201 0 16:2 3 FAX 2024935142 FAA - DMS 0005/01 7 

INTERROGATORIES 

1. Identify the names, titles, business or home addresses and telephone numbers of each 

person whom the Respondent intends to call as a witness at the hearing of tliis matter. 

2. Provide the substance of the testimony to be offered by each of said witnesses. 

3. With respect to each expert wimess identified in response to request Nos. 1 and 2 above: 

(a) identify the subject matter on which the expert is expected to testify-; 

(b) list the substance of the facts and opinions to which the expert is expected to 

testify; 

(c) provide a summary of the grounds for each opinion; 

(d) if the Respondent intends to introduce into evidence or otherwise rely upon a 

written curriculum vitae or other written document listing the expert's 

professional qualifications, identify and attach copies of all such documents, 

4. To the extent not encompassed in your response to request Nos. 1, 2 and 3 above, 

identify and produce statements of all individuals who spoke to, or were interviewed by, the 

Respondent regarding this matter. 

5. Identify and produce copies of any and all documents on which the Respondent 

anticipates relying, or will rely, in support of the case it will present at the hearing in this 

matter, including but not limited to documents you intend to introduce into evidence. 
06/29/201 0 16:2 3 FAX 2024935142 FAA - DMS 0006/01 7 

6. Identify who placed the aircraft's spoiler servo actuators for left wing roll spoilers three 

and five in the maintenance mode prior to the flight and between April 29, 2008 £\nd March 

17,2008. 

7. Explain all reasons why the aircraft's spoiler servo acmators for left wing roll spoilers 

three cuid five were placed in the maintenance mode prior to the flight and between April 

29, 2008 and March 17, 2008. 

8. Identify who and/or what entity is responsible for the aircraft's spoiler servo actuators 

for left wing roll spoilers three and five being placed in the maintenance mode prior to the 

ilight and explain why you believe that per.son or entity is responsible. 

9. Answer whether a failure of one of the aircraft's spoiler servojacks could cause an amber 

LAF DEGRADED message to appear on the aircraft's ECAM. 

10. Explain all reasons for your belief that the aircraft can be dispatched when left and right 

wing roll spoilers three and five are inoperative. 

11. If you believe that the aircraft is in a condition for safe operation when the aircraft's left 

and right wing roil spoilers three and five are inoperative please state and explain all 

reasons for your belief. 

12. If you believe that the aircraft conforms to its type certificate and/or type design when 

the spoiler servo actuators for left wing roll spoilers three and five are placed in the 

maintenance mode please state and explain all reasons for your belief. 
06/29/201 0 16:2 4 FAX 2024935142 FAA ^ DMS 0007/01 7 

13. Explain all reasons for your belief that the placement of left wing roll spoilers three and 

five in the maintenance mode was not pari of any maintenance performed on the aircraft. 

14. Identify what section of the USA 3000 Airlines Minimum Equipment List, if any. 

states, implies, or infers, that the aircraft can be dispatched when two pair of symmetrical 

spoiler surfaces three and five are inoperative. 

15. Please identify any malfunctions that occurred in the aircraft's ECAM .system that 

occurred during the flight but prior lo takeoff. 

16. Please describe all ways in which it was determined that tlie ECAM system 

malfunctioned during the flight but prior to takeoff 

17. If it is your belief that the ECAM failed to report that left and riglit wing roll spoilers 

three and five were inoperative and/or were locked out at any time prior to takeoff please 

explain all reasons why you hold this belief 

18. If it is your belief that the pilots aboard the aircraft performed a .successftil flight control 

check for the flight, with respect to the checks for the spoilers, please explain all reasons 

why you hold this belief 

19. Identify and describe all reasons why during the flight the aircraft's left wing tip 

contacted the runway during the aircraft's first landing attempt. 

20. Identify and describe what mechanical malftjnctions in the aircraft, if any, occurred 

during the flight. 

i-^-i-
06/29/201 0 16:2 4 FAX 2024935142 FAA - DMS 0008/01 7 

21. Identify and describe what errors were committed by the pilots during the flight, if any, 

that led to the aircraft's left, wing tip contacting the runway during the flight. 

22. Describe what impacl, if any, the inoperative wing roll spoilers had on the pilots abilit>' 

to maneuver the aircraft during the flight. 

23. Answer whether an amber LAF DEGRADED message on the ECAM is supposed to go 

off if spoiler 5 is inoperable. 

24. Please state whether the document attached as Exhibit 1 is an accurate recording of a 

conversation that Joe Miller, Director of Maintenance and Engineering for Brendan 

Airways LLC. d/b/a USA 3000 Airlines, had with an Aviation Safety Inspector employed 

with the FAA. 

25. If you disagree with the following statement found in Exhibit 1, or if you don't believe 

this statement was made by Mr. Miller, explain all reasons for your belief "Cannot have 

both #3 and #5 spoilers INOP." 

26. Describe the relationship between AAR Aircraft Services and Brendan Airwaiys, LLC, 

d/b/a USA 3000 Airlines, with regards to the aircraft in the time between April 1, 2008 and 

May 17,2008. 

27. An.swer whether or not you paid AAR Aircraft Services for maintenance performed on 

the aircraft between April 1, 2008 and May 17, 2008. 
06/29/201 0 16:2 4 FAX 202493514 2 FAA * DMS 0009/017 

28. An.sweT whether or not International Leasing Finance Corporation (ILFC) paid AAR 

Aircraft Services for any maintenance performed on the aircraft between April 1, 2008 and 

May 17, 2008 and if payment was made identify what type of maintenance the payment was 

for. 

29. Answer whether or not State Transport Company Russia (STCR) paid AAR Aircraft 

Services for any maintenance performed on the aircraft between April 29, 2008 and May 

17, 2008 and if payment was made identify what type of maintenance the payment was for. 

REOUEST FOR ADMISSIONS 

1 - During the flight the aircraft's spoiler servo acmators for left wing roll spoilers three 

and five were in the maintenance mode. 

2. When the aircraft's spoiler servo actuators for left wing roll spoilers three and five 

are in the maintenance mode the aircraft is not in a safe condition for flight. 

3. When the aircraft's .spoiler servo actuators for left wing roll spoilers three and five 

are in the maintenance mode the aircraft does not confonn to its type certificate 

and/or type design. 

4. When the aircraft's spoiler servo actuators for left wing roll spoilers three and five 

are in the maintenance mode the aircraft's left and right wing roll spoilers three and 

five are inoperative. 
06/29/201 0 16:2 4 FAX 2024935142 FAA + DMS 0010/01 7 

5. When the aircraft's spoiler servo actuators for left wing roll spoilers three and five 

are in the maintenance mode the symmetrical spoiler surfaces three and five are 

inoperative. 

6. Pursuant to the USA 3000 Airiines Minimum Equipment List the aircraft cannot be 

dispatched when two pair of symmetrical spoiler surfaces three and five are 

inoperative. 

7. Pages 2-27-10 and 2-27-11 of the USA 3000 Airlines Minimum Equipment List 

provide information as to the conditions under which the aircraft can be dispatched 

when one or more of the spoilers is inoperative. 

8. Pages 2-27-10 and 2-27-11 of the USA 3000 Airlines Minimum Equipment List do 

not identify any conditions under which the aircraft can be dispatched when left 

wing roll spoilers three and live are inoperative. 

9. Pages 2-27-10 and 2-27-11 of the USA 3000 Airlines Minimum Equipment List do 

not identify any conditions under which the aircraft can be dispatched when two pair 

of symmetrical surfaces 3 and 5 are inoperative. 

10. The aircraft is not in a condition for safe operation when left wing and right wing 

roll spoilers No. 3 and No. 5, are inoperative. 

11. During the flight, but prior to takeoff, the ECAM indicated on more than one 

occasion that the following wing roll spoilers were not operational and/or were 

10 
06/29/201 0 16:2 4 FAX 2024935142 FAA * DMS 0011/01 7 

locked out: left wing roll spoiler No. 3; left wing roll spoiler No, 5; right wing roll 

.spoiler No. 3; and right wing roll spoiler No. 5. 

12. At all times during the flight the aircraft was on the operations specifications of 

Brendan Airways, LLC d/b/a USA 3000 Airlines. 

13. Brendan Airways, LLC d/b/a USA 3000 Airiines exercised operational control over 

the flight. 

14. At the time of the flight Brendan Airways, LLC d/b/a USA 3000 Airiines was 

leasing the aircraft from International Leasing Finance Corporation (ILFC), 

15. At the time of the flight Brendan Airways, LLC d/b/a USA 3000 Airiines' lease of 

the aircraft was nearing its end and the flight was undertaken as pari of the process 

of the aircraft being transferred into the possession of a new lessee. 

16. The new lessee is the air carrier State Transport Company Russia (STCR). 

17. The flight was considered a "maintenance acceptance flight". 

18. Prior to the flight, the livery of the new lessee (STCR) was painted on the aircraft. 

19. Pursuant to the terms of Uie Brendan Airways, LLC d/b/a USA 3000 Airiines lease 

with ILFC the aircraft was required to be repainted before the aircraft left the 

possession of Brendan Airways, LLC d/b/a USA 3000 Airlines. 

11 
06/29/201 0 16:2 4 FAX 2024935142 FAA - DMS 0012/01 7 

20. The spoiler servo actuators for left wing roll spoilers three and five were put in the 

maintenance mode during the process of painting the aircraft with the livery of the 

new lessee (STCR). 

21. The aircraft was painted with the livery of the new lessee, (STCR), by AAR Aircraft 

Services. 

22. /VAR Aircraft Services is a repair station that is the holder of an FAA Air Agency 

Certificate qualifying it to conduct operations under Part 145 of the Federal Aviation 

Regulations. 

23. Prior to the flight, Brendan Ainvays, LLC d/b/a USA 3000 Airiines hired AAR 

Aircraft Services to perform maintenance on the aircraft so as to allow it to be 

returned to a condition that would permit it to be returned to ILFC. 

24. Pursuant to the manuals of Brendan Airways, LLC d/b/a USA 3000 Airlines painting 

the aircraft could in some cases require that the spoiler servo actuators for spoilers 

three and five be put in the maintenance mode. 

25. If the aircraft's ECAM system is working properly it will report that left and right 

wing roll spoilers three and five are inoperative when the spoiler servo actuators for 

left wing roll spoilers three and five are placed in the maintenance mode. 

12 
r** + QMS 0013/01 7 

06/29/2010 16:24 FAX 2024935142 FAA 

26. At no time subsequent to the flight did an inspection of the ECAM system reveal that 

there was a problem with the system that could have caused it to malfunction just 

prior to takeoff during the flight. 

27. Within two days after the flight the spoiler servo acmators on left, wing roll spoilers 

three and five were again put in the maintenance mode to see what messages would 

appear on the ECAM and the ECAM reported that left and right wing roll spoilers 

three and five were inoperable. 

28. During the flight and prior to takeoff the pilots aboard the aircraft failed to complete 

a successful flight control check. 

29. During the flight and prior to takeoff the pilots aboard the aircraft failed to complete 

a successfiil flight control check because it was impossible for the spoilers lo have 

reacted in response to inputs from the cockpit. 

13 
06/29/2010 16:24 FAX 2024935142 FAA * DMS 0014/0 1 

30. On or about June 3, 2008, Joe Miller, who was at thai time of the flight tlie Director 

of Maintenance and Engineering for Brendan Airways LLC d^b/a USA 3000 

Airlines, told an Aviation Safety Inspector Irom the FAA that the aircraft cannot 

have both the number 3 and number 5 spoilers inoperative. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: '^ ^ ^ ' ^ / Ly^^ — Date: / / ^ ^ ("O 

David M. Cohen 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3270 

Facsimile: (718)995-5699 

14 
06/29/201 0 16:25 FAX 2024935142 FAA * DMS 0015/01 7 

Record of Interview 

Interview with USA 3000 Airlines employee Joe Miller 

Position; Director of Maintenance and Engineering 

Date: June 3, 2008 

Location: USA 3000 Headquarters 

FAA Inspectors Present: Inspector Karamargin & Inspector Stauffer 

Subject h4265AV, GWY Fit 7265 May 17, 2008 

1) Question? Describe in vour own words iust prior to the flight, take off and the 

wing strike. On landing we were going to land on 8R but tower asked the pilot if 

we could land on 8L due to an American MD80. Runway 8L was chosen. Aircraft 

was not flaring and I could see the pilot pulling back on the control stick. Both 

main landing gears hit, then canrte up, rolled left. He thought Tony stated, "\Ne 

are losing it", and then he heard, "I know". Throttles were moved up and dual 

input warning sounded, aircraft accelerated. Tony said "['ve got the aircraft!" Not 

sure what was said to the tower but he heard someone state the number of souls 

on board (SOB) and fuel quantity. Quick Reference Handbook (QRH) was taken 

out and pilot found two spoilers INOP in abnormal procedures - dual hydraulic 

failure. Since weight of aircraft was so light, we did the calculations and selected 

flaps 3, plus 25 knots. On second landing aircraft wanted to roll to the left and 

right wing came up. Spoilers not armed the second time. 8R was the selected 

runway used during the second landing. 

2) Question? When did the crew know about the #3 & #5 spoiler message? What 

were the indications? Several pre-fiights completed. Both engines were started in 

Auto, then Brakes and steering checked. We turned off the ramp on the taxiway, 

and called tower. Left Captain flying did flight control check and received l_AF 

degraded message. Right non flying pilot did flight control check and also 

received LAF degraded message. Both messages were displayed on Mid Lower 

ECAM. "LAF Degraded Message" was the only message. He was not sure about 

#3 or #5 spoilers being displayed on flight control page. 

3) Question? Who was at the controls during the landing when the wing scrapped 

the ground? Bill was in the Captain seaL First officer seat was occupied by Tony 

Surratt. 

4) Question? Where anv calls made or sent bv ACARS to Dispatch or Maintenance 

control? "Not that I recall" 

5) Question? Did vou or the crew trouble shoot the faults? Yes the crew performed 

SEC resets, #1 SEC & #3 SEC first, then #1 SEC and #2 SEC, for LAF message. 

6) Question? How was the decision made to proceed on with the ECAM fault? Who 

made that decision? "Do not recall', Flight crew stated to tower they were ready 

to go on Runway 8 after the flight control check. 

7) Question? Was the MEL. FCOM or QRH used Prior to take off for the ECAMi 

faults? "Do not recall what they did" 
06/29/2010 16:25 FAX 2024935142 FAA ^ DMS 21016/017 

8) Question? How did the aircraft perform on take off? No issues on take off. During 

the slow speed tests lots of rudder trim was used and auto pilot did not stay on. 

Slow speed tests were preformed % through the flight. Not sure the number of. 

times the rudder trim check was performed. During the landing on Runway 8L, 

Bill stated the aircraft felt mushy. 

9) Question? How long was the flight? About 3.29 hours, two hours were planned. 

1 0 Question? Who determined that the first officer would fly in the left seat? He is a 

line Captain, had four stripes. 

11) Question? How many vears/experience have vou had working on/with A320 

Aircraft? Since 1988, 20 years. 

12) Question? How many test flights/maintenance acceptance flights have you been 

on? Approximately in excess of 100. Fifty with previous airiines, nine which were 

new deliveries. 

13) Question? Who authorized vou to be on this Maintenance Acceptance Flight 

(MAF)? Myself and Bill Hoffman, the Director of Quality. 

14) Question? Why was Part B on the M35 Form not filled out completely? It was 

filled out, it states. "Acceptance Flight Test for Redelivery to Lessor and post 

maintenance visit". Mr. Miller stated he went over the Flight Test procedure with 

flight crew and dispatch, prior to the flight. 

15) Question? Any thing you want to add? Flight deck door was opened during flight 

so Russian pilot could see the maintenance personnel perform their checks. The 

flight control check should have caught this spoiler fault! This same condition 

happened once before and the (M) maintenance procedure in the MEL was 

revised. Cannot have both #3 and #5 spoilers INOP. Once aircraft is under its 

own power it's the Flight Crew's call. Should have reviewed MEL and if no 

restrictions then continue on, if (M) procedure restrictions then aircraft would 

return to the gate. AAR did good work and quality during check, lack of 

consistency and flow of check was the only negative. 

Date: June 3. 2008 

Title: Aviation Safety Inspector, Ainvorthiness 

Signature: (f^^^^^/C^yd^-^^f. 
06/29/201 0 16:25 FAX 2024935142 FAA + DMS 21017/01 7 

CERTIFICAIH OF SERVICE 

I hereby certify that on this day copies of the foregoing complainant's first set of 

interrogatories and request for production of documents were placed in the United States 

mail, postage prepaid. Federal Express Mail addressed as follows: 

The Honorable Ronnie A. Yoder 

Administrative Law Judge 

Office of Hearings, M-20 

Room F12-320 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

Washington, D.C. 20590 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

AtUi: Hearing Docket Clerk, AGC-430 

Jason Diekstein 

Washington Aviation Group, PC & Law Offices of Jason Diekstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 

^,,, m 2 1 2010 ^. ^ .^ry i 

1 / ^ I looks 

Paralegal Specialist 

Office of Acting Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434