U.S. DEPARTMENT OF

# TRANSPORTATIO~

# E

# cEI 

# vED FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.
In the Matter ofWings Air, LLC, Respondent FDMS No. FAA-2013-0849 FAA Case Nos. 2012EA110052 Judge J.E. Sullivan 

### JAN 

## 22Zat4 

## HEARING DOCKET

AGENCY'S FIRST SET OF INTERROGATORIES AND REQUESTFOR PRODUCTION OF DOCUMENTS AND REQUEST FORADMISSIONS

The Complainant, the Agency, byits undersigned counsel, hereby requests that Wings Air, LLC (Respondent) provide responses to the following discovery requests within thirty (30) days ofservice. This request shall be deemed to be continuing to the extentpermittedby Rule 26(e) ofthe Federal Rules ofCivil Procedure so as to require youto file supplementalresponses.This request is intendedto cover all documents inthe Respondent's possession or subjectto Respondent's custody and control and includes documents in the possession ofeach individual who acts as, orhas acted at relevant times as, an employee, agent orrepresentative ofRespondent. DEFINITIONS A. When lmowledge or information in possession of a party is requested, such request includes knowledge ofthe party's agents, representatives and, unless privileged, the 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 ofthe occurrences mentioned or complained ofinthe pleadings.

D. When used with respect to an individual, corporate, business or governmental entity, "identizy" means state the name and present business or residence addresses of the individuals or entities and the employer, governmental orbusiness 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, memoranda, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, diaries, reports, notebooks, note charts, plans, drawings, sketches, maps, summaries or reports ofinvestigations, opinions or reports of consultants, photographs, motion picture films, tape recordings, computerized messages or data, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, any marginal conunents appearing on any document, and all other writings, including electronic writings.

2F. When used with respect to a document, "identifY" means furnish the document itself, or in lieu thereof, the name and date ofthe document, the name and address ofthe person or persons originating the document, the name and address, ifany, ofthe person or persons to whom the document is addressed, the names and addresses ofall 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 ofthe date ofthe document, and ifnot in possession ofthe original or a copy, furnish the name and address ofthe custodian ofthe 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 ofsuch document.

G. "Oral communication" means any oral exchange withwords.

H. When used with respect to an oral communication, "identifY" means state the date and place where such oral communication was made, the names of all individuals who participated in the communication, and their positions, employers, and employers' addresses, the names ofall individuals who were present atthe time the communication was made and their business affiliations and positions, the nature and substance of the communication, the nature and substance ofeach document recording or pertaining to such oral communication, and the name and present address ofthe present custodian ofeach such document.

3I. For all interrogatories to which the responding individual has an objection, state the factual and legal basis for the claimed privilege, or any other authority which provides the claimed basis for the objection. J. All documents requested as to which the responding individual claims privilege or any other objection as a ground for non-production shall be identified chronologically as follows: (a) date, (b) title, (c)
. type ofdocument (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-production. K. "AircraftN27WA" means the SNIAS AS350BA helicopter referenced in the Complaint inthis matter. L. "Flight#I" means the flight referenced inparagraph 3 ofthe Complaint in this matter. M. "Flight#2" means the flight referenced in paragraph 8 ofthe Complaint in this matter. N. The term "maintenance" includes any inspections performed.

INTERROGATORIESAND REQUEST FORPRODUCTION OF DOCUMENTS 1. Identizy the names, titles, business or home addresses and telephone numbers of each personwhomthe Respondent intends to call as a witness at the hearing ofthis matter.

4

### 2. Providethe substance ofthe testimony to be offered by each ofsaidwitnesses. 3. Withrespect to each expert witness identified in response to requestNos. 1 and 2 above: (a) identify the subjectmatter on whichthe expert is expectedto testify; (b) list the substance of the facts and opinions to which the expert is expected to testify; (c) provide a summary ofthe grounds for each opinion; (d) ifthe 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 ofall such documents. 4. Identify and produce copies ofany and all documents or other tangible exhibits on which the Respondent anticipates relying, or will rely, in support ofthe case it will present at the hearing in this matter, including but not limited to documents or other tangible exhibits it intends to introduce into evidence. 5. As a result ofthe bird strike to aircraft N27WA during Flight #1, was there damage to aircraft N27W A? 6. Ifthe answer to interrogatory 5, above, is in the affirmative, describe the damage. 7. Did Respondent perform (or have performed) maintenance on aircraft N27WA during the period oftimebetween Flight#1 and Flight #2?

8. If the answer to interrogatory 7, above, 1s m the affirmative, describe the maintenance.

5

### 9. IdentifY and produce copies ofany and all entries made (or caused to be made) by Respondent reflecting maintenance performed on aircraft N27WA during the period oftime betweenFlight#I and Flight#2. 10. IdentifY and produce copies of any and all entries made (or caused to be made) by Respondent in the maintenance record of aircraft N27WA, which entry or entries reflect that the damaged area ofaircraft N27W A was covered with tape on April 28, 2012. 11. With respect to Respondent's affinnative defense ofreasonable reliance, identifY and produce copies of each section of the manufacturer's maintenance manual for aircraft N27WA upon which Respondent relied, and explain how 

### Respondent relied
on thatmaintenance section. 12. With respect to Respondent's affirmative defense of reasonable reliance, identifY each authorized representative ofthe manufacturer ofaircraft N27WA upon which Respondent relied, and explain how 

### Respondent relied on each identified representative. 13. With respect to each authorized representative of the manufacturer of aircraft N27WA identified in response to interrogatory 12, above, identifY the substance of the representations made by said representative, how said representations were communicated to Respondent, and when said representations were communicated to Respondent.

614. Identify andproduce copies ofany and all documents upon which Respondent relied with respect to any decisions made between Flight #1 and Flight #2 relating to maintenance on aircraft N27WA. 15. State all facts to support the affmnative defense that Respondent does not have the financial ability to pay a $22,000 civil penalty. 16. Identify and produce copies of any and all documents to support the affirmative defense that Respondent does not have the financial ability to pay a $22,000 civil penalty. 17. State all facts to support the affirmative defense that paying a $22,000 civil penalty would have a detrimental effect onthe ability ofRespondent to continue doing 18. Identify and produce copies of any and all documents to support the affirmative defense that paying a $22,000 civil penalty would have a detrimental effect on the ability ofRespondent to continue doing business. 19. State the amount ofmoney that Respondent would be able to afford to pay as a civil penalty. 20. State all facts to supportthe number stated in response to interrogatory 19, above. 21. Identify and produce copies ofany and all documents to support the number stated in response to interrogatory 19, above.

7REQUESTFORADMISSIONS 1. During Flight #1, aircraft N27W A sustained damage to its nose shell as a result ofa bird strike. 2. During Flight#1, as a result ofa bird penetrating the canopy nose skin ofthe aircraft,
a hole was made in the canopy nose skin ofthe aircraft. 3. Between Flight #1 and Flight #2, a mechanic employed by Respondent, one Louis Yara (hereinafter "Mr. Yara"), covered the hole (referenced in request for admission 2, above) withtape. 4. Any maintenance perfonned by Mr. Yara on aircraft N27WA between Flight # 1 and Flight#2 was performed withthe approval ofmanagement ofRespondent. 5. Any maintenance entries made by Mr. Yara with respect to aircraft N27WA were made with the approval ofmanagement ofRespondent. 6. Between Flight #1 and Flight #2, there was no maintenance record entry made indicatingthatthe damage ofaircraft N27WA hadbeen coveredwithtape. 7. Between Flight #1 and Flight #2, Mr. Yara, on behalf of Respondent, approved aircraft N27WA for return to service. 8. The covering ofthe damaged area ofaircraft N27W A between Flight # 1 and Flight #2 constituted a temporary repair. 9. The copy ofthe log entry (attached herein as ExhibitA-1) is genuine. 10. The document attached herein as Exhibit A-1 is a copy ofthe entry made by Mr. Yara on behalf of Respondent incident to the maintenance that he performed on aircraft N27WA onApril28, 2012.
811. In the document attached herein as Exhibit A-1, it does not state that the damaged
area ofaircraft N27WA was coveredwithtape. 12. The copy ofthe two-page letter dated May 2, 2012 (attached herein as Exhibit A-2)



### . . IS genume. 13. The signature of Javier Diaz (hereinafter "Mr. Diaz") that appears on the second page ofthe documentrepresentedby ExhibitA-2 is genuine. 14. During the period April-May 2012, Mr. Diaz was the Director of Operations of Respondent. 15. The signature of Kevin Stavola (hereinafter "Mr. Stavola") that appears on the secondpage ofthe document representedbyExhibit A-2 is genuine. 16. During the period April-May 2012, Mr. Stavolawas the Director ofMaintenance of Respondent. 17. The signature ofMr. Yara (hereinafter "Mr. Yara") that appears on the second page ofthe document represented by ExhibitA-2 is genuine. 18.During the period April-May 2012, Mr. Yarawas employed as anAirframe and

9Powerplantmechanic by Respondent.


### \

Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel



### Hy

# ~~**ZacharyM~** Attorney Federal Aviation Administration 1AviationPlaza Jamaica, NY 11434 TEL:718 553-3258 FAX: 718 995-5699 Date: January 7, 2014

10

## EXHIBIT A-1<!> 0

### ·~ i'J) 0 

### "'' 

### E**::;~** 

# - q; 

### a:: 10 '**~** 

### t:" ll."i:; 0 I.IJI

._,_, tt'il g -1**Q~** (.) !;:; 

# "' 1::: q;**~** !:;;

# ~ 

# Wingsair EurocopterAS-350BA
REGISTRATION: SERIAl NUMBER: 

# r--Am:--, HOBBS: 

# I N27WA

### _279~ · 4602.9 · · : 2583.9 

# E . lOGS: DATE: 13015
. ---· 

### 4/28[g_ Unscheduled Maintenance: Inspectedaircraftnosesectionfarpossibledamage due to birdstrike. Inspectedinside of nose conefor otherpossible damJge. No internaldamagefound. Exteriorcracking consideredminorandairworthy perAS350BA SRM. "Repairing elerhents notdirectly contributing to thestiffness ofthe cabin structure (overheadpanel andbubble). Thefollowing is ai.Jth9rized: cracks ofvarious directions, stopping cracks as soon as theyare detected, carrying outrepairs as soon as thepircraftis grounded. Figure Crackchecks andrepairs within thelimitof criteria definea inthe table above, the following is puthorized: :;topping of initialcrackdevelopment {DETAILSAandD). In this case, carry outdailymonitoring (after flight)

## 11 order to ensure that the crackdoes notdevelop beyondthestop hole, stopping of secondarycrackdevelopment (DETAII.SBandC).ln both cases, twocracks maximum are authorizedovera length of 500 mm (19.68 in.) " Aircraft retumecl to service 

### and permanentrepair will be performed

### ASAP"

,service..-

### ~~f~~araA, 

# ___
. ,.... '
. . . =·-·**~.**



## - '

## EXHIBIT A-2IV1ay 2, 2012 Flight Standards District Office Republic Airport Farmingdale
.. NY Attn. inspectoi John Gal!igan CC, lnsp, James Ciccone 

### lNG

Ref. \:Ving_s Air. LLC VV-IZA367L-Bird Strtke on N27'WA on 4-28-i2 Mr, Galligan,
As per your request, we are- writing this letter to describe the events that occurred this past AprU 28. 2012 fol!owina a btrd strike to one of our helicopters, 1'-12.7\iVA, while conducting tours around Manhattan. Our Purpose is to (i) la·y out a 1:\meline ot events, (ii) explain vvhat the reasoning was behind conducting the flight back to base and, (lii) lessons learned from the experience as a whole.**T~m1nf; ~f**  Everrts: i. 13:57: l received notification of t\1e bird strike. Hellcopter is immediately grounded at JR8 pending determination of our ability tG fly it back to base at KHPN _2.
_ _c:::'_l4_:._Q5_:_i _pJac.ed**a--Ca~l** to Jim -CisGOne,--e-Uf---P8+--to--iAform -him ---at--trrctdent--!n-this call he mentioned that he wou!d cal! ,.John Gal!igan to discuss the incident and that he would get back to me shortly He asked me about tl1e specifics of the damage and I told him that there was a whole in the chin bubble of the aircraft and some crachs. 3, 14:07-1415: I called both our DOM, Kevin Stavola and our EurocopterTech Rep, Scott Dodge to Inform them ot incident and to describe damage. Pictures are s-ent to both to determine a1nrmrthlness and the possibillty of safely flying helicopter back to base. 4.**~14:50:** I called Insp.**C~ccone** again. He told me that he had spoken to Insp. Galligan. He advised me tl1at in order to l'ly the helicopter back, our maintenance personnelvvou!d have to determine air-NorthJness ar.d safety and that as Jong as that "--vas the case, and the proper !og entries were made In the aircraft's records, the aircraft could be- flovm, lf that was not the case, )",B assured me that vve could get a ferry permit first thing Monday morning, 5. --18:30: Foilovt!ng multiple conversations amongst our maintenance personnel a thocough visual inspection, the decision is made to fl;_,r the helicopter back to KHPN (12 min.) afi:er covering the damage with tape.

18 H-angar Road. Sufte 200, VVhlte Plains. NY 10604 Tel ·t-814-202-3440 Fax 1-914-274-9855

### If' 'I Reasoning by maintenance for determining ainvorthiness and safety {Kevin, Luis and Eurocopter Tech rep): Following the visual inspection, referencing the structural manual and Kevin's 30 plus year of experience with this type of a\rcratt, we determined that a ferry permit was not needed. Scott Dodge oi Eurocopter was also contacted and concurred. No structural damage was involved, no systems ware inoperative, no effect on aircraft flight was involved, and the aircraft was not overdue any inspections. The aircraft cabin is not a primary structure: The aircraft can be legally flown vi1th the doors ramoved etc. Also. on the exact spot of the damage. a landing light can be installed by cutting a 12 x12 hole: this was deemed to be no different than then the damage to that area except it was not covered, which we covered for the flight back to KHPN. "' There ls no question the aircraft was safe and airworthy in our eyes.
Conclusions/Lessons Learned: The decisions made were taken with the best informaf;on that we had available on Saturday and taking into consideration the conversations and conclusions of our maintenance personnel. Eurocopter and the FAA We had nothing to gain or 'lose; we didn't try to hide anything from the FAA or anyone else. and though\ we were acting

.within the boundan.es of the regulations. However. knowing what we now know, you can rest assured tllat none of our aircraft will ever move again \Nithout a ferry· permlt if anything is damaged or i"noperative. As always, we remain fully commlrted to complylng with the FARs and to maintalning a safe operation: \/lfe believe that our track record and our Wyvern Certification are proof of our commitment to safety.**_V~Je** are s.:::ny**for-an:y:ir:JCG-R~Qf',-ieHGe-tFJs-** may-**have-caused-Jr'Oth"-otnce~ Reg~rds,** **~~.(·1** I I : Kevin Stavola LuJs Yara Director of Maintenance A/P M9chanic

..,8 Hangar P,oad, Suite 200, VV'nite Plains, f\-U 10604 Tel -:-914-202-3440 Fax l-9i4-274-9855CERTIFICATE OF SERVICE
I hereby certifY thatthe foregoing AGENCY'S FIRST SET OF INTERROGATORIES

AND REQUEST FORPRODUCTION OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS have been sent viafirst class mail and facsimile to the following: Jared M. Allen, Esq. Gregory S. Winton, Esq. The Aviation LawFirm One Research Court, Suite 450 Rockville, MD 20850 Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 FAX: (202)366-7536 I hereby certifY thatthe foregoing AGENCY'SFIRST SET OF INTERROGATORIES

AND REQUESTFORPRODUCTION OF DOCUMENTS, AND REQUESTS FOR ADMISSIONS have been sentviafirst class mail to the following:
Federal Aviation Administration (Original and one copyvia first class mail) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: HearingDocket Clerk, AGC-430 Wilbur Wright Building- Room 2014



### JAN**~** 

### 92014 Date:
______ _ / /·'1·1 f / I 

## ,__.. /1 __;/
.

# ~\5Ifo~t**~- ~-·lc**  Paralegal Specialist Federal Aviation Administration Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434
12