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BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

IN THE MATTER OF 

SMITH CABLE SYSTEMS, INC. 

FAA Docket No. CP009AL0012 

(Civil Penalty Action) 

DMS No. FAA-2009-09761 

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Marston and Cole Law Offices 

821 N Street, Suite 208 

Anchorage, Alaska 99501 

February 8, 2011 

1:00 o'clock p.m. 

BEFORE: 

RICHARD GOODWIN, Administrative Judge 

RECEIVED 

MAR - 2 2011 

HEARING DOCKET 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
384 

n APPEARANCES: 

FOR THE COMPLAINANT: 

CRAIG BLACK, ESQ. 

Senior Attorney 

Office of the Regional 

Counsel, AAL-7 

Alaskan Region 

Federal Aviation Administration 

222 West 7th Avenue, #14 

Anchorage, Alaska 99513-7587 

(907) 271-5271 

FOR THE RESPONDENT; 

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BRENT R. COLE 

Marston & Cole 

Attorneys at Law 

821 N Street, Suite 208 

Anchorage, Alaska 99501-2136 

(907) 277-8001 

ALSO PRESENT: 

MR. RONALD SMITH 

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(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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WITNESSES 

ANNIE AFUSIA 

TODD LINNE 

(telephonic) 

CONTENTS 

DIRECT CROSS REDIRECT RECROSS 

389 

410 

THOMAS J. FIALEK 43 9 

(telephonic) 

EXHIBITS: 

402 

425 433 

447 

COMPLAINANT: 

H - Government's responses 

DEFENDANT: 

A - Email 

B - Air Waybill 

C - Affidavit of Todd Linne 

ADMITTED 

455 

397 

401 

425 

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(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.n&Sd&ss.com 
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P-R-0-C-E-E-D-I-N-G-S 

(1:00 p.m.) 

JUDGE GOODWIN: I'm ready. 

MR. COLE: We're on record here, 

Your Honor 

JUDGE GOODWIN: Okay. This is a 

continuation of the case Smith Cable. I don't 

have the DMS number. If you'll be sure the 

court reporter gets a caption so they can 

properly caption it. It's approximately 1:25 

in Alaska. Would counsel identify yourself 

for the record, please. 

MR. BLACK: Yeah. This is Craig 

Black with the FAA. 

MR. COLE: And this is Brent Cole 

for Smith Cable. 

JUDGE GOODWIN: Okay. And counsel 

are ready to proceed? 

MR. COLE: Yes, sir. 

JUDGE GOODWIN: Okay. Let's call 

our first witness now. Mr. Cole, I believe 

the two witnesses are your witnesses; is that 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nib8cfcss.com 
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correct? 

MR. COLE: There actually are 

going to be three, but yes, all three of them 

are our witnesses. 

JUDGE GOODWIN: Okay. So, 

Mr. Black, as I recall, we had to rule on the 

witnesses when -- in hearing? It was -- did 

-- we had the witnesses sequestered; did we 

not? 

MR. COLE: Yes. We asked that the 

Court enforce the absence of witnesses. We 

have Mr. Smith here. I am -- he's already 

testified. I'm assuming 

JUDGE GOODWIN: Yeah. He is a 

party to the case and the FAA's entitled to a 

representative and the respondent's entitled 

to a representative. Mr. Smith can stay, but 

I'll just ask, Mr. Cole, if you'll ensure that 

the other witnesses not be in the room while 

we're taking testimony and you're going to put 

your first witness on and I'll give him the 

oath. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nib8g'S)ss.com 
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MR. COLE Yes, sir. At this 

time, we would call Annie Afusia. 

JUDGE GOODWIN: Okay. Ma'am, if 

you will just -- I'm going to ask you to 

pronounce your name and then spell your first 

and last name. 

MS. AFUSIA: Annie Afusia, A-N-NI-E A-F-U-S-I-A. 

JUDGE GOODWIN: F-U-S-I-A. Okay. 

I'm going to ask you to raise your right hand. 

(Oath administered) 

MS. AFUSIA: I do. 

JUDGE GOODWIN: Were you able to 

hear me? 

MS. AFUSIA: Yes, I will. 

JUDGE GOODWIN: Okay. 

(Oath administered) 

MS. AFUSIA: Yes, I do. 

JUDGE GOODWIN: Okay. 

ANNIE AFUSIA 

called as a witness on behalf of the 

respondent, testified as follows on: 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.neaiMBbss.com 
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DIRECT EXAMINATION 

JUDGE GOODWIN: Now, Mr. Cole and 

Mr. Black, I'm not going to take the time to 

go through it, but I'll remind you that I'm 

concerned about any personal information going 

into the transcript which will go onto the 

Internet, so if each one of you will just, as 

we go through this, if any personal 

information, including cell phone numbers, 

home addresses and so forth, we'll make sure 

we have testimony as to that. 

So, Mr. Cole, start with you. 

MR. COLE: Thank you. Your Honor, 

and we'll be sure to make -- avoid anything 

like that. 

BY MR. COLE: 

Q Ms. Afusia, did you -- have you 

worked for Smith Cable in the past? 

A Yes, I have. 

Q Would you tell the Judge 

approximately when you began working for them? 

A I started working for them in 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.neiaOgross.com 
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September of 2006. 

Q And how long approximately did you 

work for Smith Cable? 

A About two and a half years. 

Q While you were employed by Smith 

Cable, what were your responsibilities of 

employment? 

A I was in charge of all of the 

logistics for the crews working around the 

state and also other various administrative 

duties 

What does Smith Cable do -- what 

type of jobs do they do in Alaska? 

A We do telephone and television 

cable construction. 

Q When you say that you do the 

logistics, can you give us a sense of the 

types of things that you did during the course 

of your employment? 

A I was responsible for making all 

of the airline reservations or transportation 

reservations for all of the employees going 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nia%cbss.com 
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from place to place. I was also responsible 

for securing lodging for all of the crews, was 

responsible for getting all of the trucks and 

equipment to and from each location. 

Q As part of your responsibilities, 

were there certain federal regulations that 

you had to abide by or be careful of in order 

to fulfill your responsibilities of 

employment? 

A We did have to be sure that all of 

the hazardous materials that may or may not 

shipped were shipped properly to keep in 

compliance with all of the regulations. 

Q And were you familiar with the 

fact that if you did intend to ship hazardous 

materials on airplanes, for instance, that you 

had to declare those in certain -- under 

certain --as required under the law? 

A Yes, I was 

Q Now I'd like to take you back to 

the summer of 2008. Did Smith Cable have some 

jobs in Southeast Alaska that summer? 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nib^loss.com 
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A We had several jobs in Southeast 

that summer, yes. 

Q And are you familiar with a 

gentleman by the name of Todd Linne? 

A Yes. 

Q And how do you know Mr. Linne? 

A He was a contractor and he also 

worked for our company. 

Q And are you familiar with a 

gentleman by the name of Tom Fialek? 

A Yes. 

Q And would he have worked for Smith 

Cable that summer also? 

A He did, yes. 

Q And were these two of the 

individuals that were working in Southeast 

Alaska? 

A Yes, they were. 

Q Were you helping them with the 

logistics that summer? 

A Yes, I was. 

Q Can you explai n what you were 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www. neiaftjiss. com 
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helping them do? What you ended up doing to 

help them? 

A I -- they were in several 

locations, so as I stated before, I made sure 

that every time a job was finishing or ending 

that they were getting both their equipment, 

the truck, and themselves from one location to 

the next and then I ended up getting them from 

their end location back to Fairbanks. 

Q So this event -- well, let me 

rephrase that. At some point, did Smith 

Cable's work come to an end in Southeast 

Alaska that summer? 

A Yes, it did. 

Q And would that have been right 

around the first week of September 2008? 

A Yes. That was when it was. 

Q And do you recall where Mr. Linne 

and Mr. Fasek -- Fialek were right before they 

were to move to their next job? 

A I believe they were in Ketchikan. 

Q And where was it that they needed 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nia%3Dss.com 
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to go for the next job they were doing? 

A They would be going back to 

Fairbanks which is where they started out. 

Q What arrangements would you have 

been responsible then to -- oh, let me 

rephrase that. What arrangements would you 

have made to get their materials back to 

Anchorage and them to Fairbanks? 

A I needed to obviously make plane 

reservations for them to get back to 

Fairbanks. I needed to get a boom truck from 

Ketchikan back into the Anchorage area 

somewhere where we could then pick it up and 

get it driven back to Fairbanks and I needed 

to arrange for all of their equipment and 

luggage to get shipped back to Fairbanks. 

Q How did you -- what arrangements 

did you make? 

A I arranged with Alaska Airlines to 

have a few pallets -- I believe it was two or 

three pallets of equipment and luggage shipped 

back via airplane from Ketchikan. The boom 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.niia%4)SS.com 
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truck along with some other equipment would be 

going on the ferry and then the -- the 

employees were on an Alaska Airlines flight. 

Q Did you arrange for a company to 

pick up the materials to be shipped via Alaska 

Airlines air cargo? 

A I did. I -- I arranged for -- I 

called a few places and there was only one 

place in Ketchikan that was able to do that 

and it was Aerl Transportation I believe is 

what it's called. 

Q And so did you make -- tell us 

what arrangements you made with them. 

A I let them know how many pallets 

we had, the -- the type of equipment we'd be 

moving, and made arrangements for them to pick 

up at a certain time while the employees were 

still on the ground and then arranged for the 

airway bill with Alaska Airlines so that they 

would have that number and be able to ship it 

with Alaska Airlines. 

Q When you made these arrangements. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nibfi^ss.com 
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did you consider transporting any hazardous 

materials on air cargo? 

A I did. We talked about it briefly 

because we had a gas drill that we needed to 

return to Fairbanks and I inquired about that. 

Because of the paperwork involved and the 

sensitivity of that paperwork being exactly 

correct, I didn't want to take the chance of 

sending anything that was hazardous materials 

on the plane. So I chose to ship it in a 

different manner. 

Q Now, did you then prepare an email 

or kind of written instructions to Mr. Linne 

outlining how the various pieces of equipment 

would get to their destinations? 

A Yes, I did. 

Q And I'm showing you what's been 

marked for identification as Defendant's 

Exhibit A. Do you recognize that document? 

A Yes, I do. 

Q And why do you recognize that? 

A Because I wrote it. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 '.nea^^i iss.com 
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MR. COLE And I would 

admission of Defendant's Exhibit A. 

MR. BLACK: No objection. 

JUDGE GOODWIN: Defendant's A for 

identification is received in evidence as 

Defendant's A. 

(Defendant's Exhibit A admitted) 

Q This exhibit explains to Mr. Linne 

what steps he should take to facilitate the 

shipment of the equipment to its various 

locations, right? 

A Correct 

Q And is it -- did you have any 

other phone calls or conversations with Mr. 

Linne about this? 

A I probably followed up with him. 

I usually would send an email and then follow 

up with him just before the shipment to make 

sure that everything was going as scheduled on 

their end, so if I needed to do anything else, 

I could do that and make sure everything was 

set. 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.n&6yS)ss.com 
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Q Okay. Were you ever made aware of 

a propane stove or a barbecue -- propane 

barbecue being shipped as a part of this 

cargo' 

A No 

Q Were you aware of -- well, I'll 

withdraw that. Did you receive any -- I 

withdraw that. I'm going to start again. 

What happened after you sent out this letter 

--or email? 

A After I sent out the email, the --

I made sure that everything was going okay. 

I remember that they had the pallets waiting 

for the company to come and pick up the next 

day and everything was on schedule. The guys 

got on the plane. The truck got on the -- the 

ferry and the shipment was shipped and later 

received in Fairbanks. 

Q Now I'm showing you what is -- I 

guess it's Page 2 of Exhibit B. Do you 

recognize --or Exhibit A. Do you recognize 

that? 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.niaSy&ss.com 
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A Yes 

Q And why do you recognize that? 

A That is our itinerary for the 

Alaska Marine Highway. 

Q And is that the -- kind of the 

equivalent of a receipt or bill of sale for 

the shipment of certain items belonging to 

Smith Cable back to -- I guess it's Whittier? 

A Correct 

Q And there's handwriting on that. 

Do you know whose handwriting that is? 

A That is mine. 

Q And it says long truck. Is that 

the truck that you've been talking about? 

A Yes. 

MR. COLE: I'd move for the --

well, this has already been admitted as -- on 

Page 2. 

Q So now Exhibit B, do you recognize 

that? 

A Yes, I do. 

Q And how do you recognize that? 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.n3a%5)ss.com 
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A It is the air waybill that we used 

to ship all of the pallets back to Fairbanks. 

Q Now, did you prepare this? 

A What we did was we - - you call it 

in and make the arrangements that way. 

Q Okay. But did you ever actually 

see that particular air waybill? Did you get 

a copy of it? 

A Yes, we did. From Alaska 

Airlines. 

Q 

A 

Q 

A 

Now, did you sign this? 

No, I did not. 

Do you recognize that signature? 

NO, I do not. 

MR. COLE: I would move for the 

admission of Exhibit B 

MR. BLACK: No objection. 

JUDGE GOODWIN: This is D as in 

delta? 

MR. COLE: B as in boy. Sorry. 

JUDGE GOODWIN: Okay. I'm sorry. 

Exhibit B for identification is received into 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.n&C^ss.com 
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evidence as Exhibit B. 

(Defendant's Exhibit B admitted) 

Q Did you receive any calls from 

Aerl Services with regard to this air bill 

after you sent in this information? 

A No. 

Q Did you ever authorize Aerl 

Services to ship hazardous waste on this air 

bill? 

A No. 

Q When was the first time you heard 

of a problem occurring with this particular 

shipment? 

A When we received a notice from the 

FAA that we had had a violation. 

Q Did you know what they were 

talking about at all? 

A I had no idea what they were 

talking about. 

Q And would that have been through a 

letter or do you have any recollection of when 

you would have received that notification? 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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A I don't recall the exact date, but 

it was some time later, quite a bit after we 

received the shipment and it was a letter. 

Q And then finally is -- was it 

Smith Cable's policy to be very careful about 

making sure that hazardous wastes were not 

shipped in air cargo? 

A Absolutely. 

MR. COLE: That's all the 

questions I have. Your Honor. 

JUDGE GOODWIN: Cross. 

MR. BLACK: Yes. 

ANNIE AFUSIA 

testified as follows on: 

CROSS EXAMINATION 

BY MR. BLACK; 

Q Ms. Afusia, my name is Craig 

Black. I'm the attorney for the FAA in this 

matter. Can you hear me all right? 

A Yes, I can 

Q Great. If something happens to 

the phone connection and you have trouble 

(202) 234-4433 

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hearing me, please let me know. I'm not sure 

what you could do, but do please let me know 

and I' d be happy to repose any questions that 

I present to you. 

A Okay. 

Q I do have a few questions for you. 

Do you have Defendant's Exhibit A in front of 

you? This is your email. 

A Yes, I do. 

Q Okay. As I read this email, if 

these are your words, and correct me if I'm 

wrong, but it says that it's to Mr. Linne and 

it tells him that -- could you read the first 

full sentence for me, please. 

A We are scheduled with Aerl out of 

Ketchikan, 247-5701, to pick up three pallets 

of tools, luggage, and whatnot tomorrow 

morning, September 10th, around 8:00 a.m. 

Q What did you mean by pallets of 

tools? 

A Well, they had just their -- you 

know, the tools that they use every day. I --

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.ndaC^ss.com 
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to be honest, I don't know. I've never been 

out in the field with them, so I'm not quite 

sure exactly what they have, but I would 

assume it's just regular construction tools. 

Q What did you mean by luggage? 

A Their personal luggage was being 

shipped that way also. They had quite a bit 

of stuff because they had been in Southeast 

for quite a while. So they were going to ship 

a lot of it that way because it would be there 

quickly. 

Q And what - - and I think I may know 

the answer to this, but what did you mean by 

whatnot? 

A All of those other things that 

might not be tools and luggage. They had some 

cable and -- that might not necessarily be 

tools, but it still had stuff pertaining to 

the actual job. 

Q Was it the general approach of 

Smith Cable to just -- to allow its crews to 

ship back whatever they deemed necessary to 

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1323 RHODE ISLAND AVE., N.W. 

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ship back? 

A They would ship back the things 

that were pertaining to usually their own 

equipment and then other equipment that we 

would need to get back to the original job. 

Q Well, you say equipment, but you 

mean more than just equipment, don't you? 

A And their luggage. Equipment and 

-- I mean their tools and their -- the other 

items such as cable and stuff like that. We 

did have spools of cable and things like that 

that we might need to send back. 

Q And would that -- would luggage 

include their personal effects? 

A Their personal clothing, yes. 

Q Just clothing? 

A Oh, I couldn't say for sure. 

Q Well, what about say toiletries, 

something like that? 

A Possibly. 

Q All right. Well, if I was a crew 

member for Smith Cable and you were handling 

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shipping our items to a new job site like you 

were in this Ketchikan case and I was a crew 

member and I had some shaving cream say or 

some deodorant or some -- I don't know -- foot 

spray, maybe some rubbing alcohol, you know, 

just toiletries that people might have, would 

that be the sort of thing that you would 

include in that shipment? 

A 

items, no 

I wasn't very specific about those 

Q All right. Thank you. If I 

understand your testimony correctly, you were 

not in Ketchikan when this shipment was 

offered to Alaska Airlines; is that correct? 

No, I was not. I was in 

Anchorage. 

Q In fact you never saw this 

shipment, were you -- did you? 

A No. No, I did not. 

Q Were you in Fairbanks when th e 

shipment was delivered ? 

A No. 

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ensure the court reporter gets it. 

MR. COLE: It' s Todd Linne, T-O-DD L-I-N-N-E. 

JUDGE GOODWIN: Okay. 

MR. COLE: Todd? 

MR. LINNE: Hello. 

MR. COLE: Hey, Todd? 

MR. LINNE: Yes. 

MR. COLE This is Brent Cole 

We're -- are we on record? 

REPORTER: Yeah, we are. 

MR. COLE: We're on record right 

now and so a couple things. First, the Judge 

has imposed what's called the exclusionary 

rule which means that you cannot -- or Tom 

can't be in the room while you're testifying. 

MR. LINNE: Okay. 

MR. COLE: Okay? 

MR. LINNE: Yes, sir. 

there 

MR. COLE: So make sure he's not 

MR. LINNE: Yep 

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MR. COLE: Okay. And we're going 

to put you -- the Judge is going to swear you 

in here and then you're going to spell your 

name for the court reporter and then I'm going 

to ask you some questions. 

MR. LINNE: Very good. 

JUDGE GOODWIN: Okay. Mr. Linne, 

can you hear me? 

MR. LINNE: Yes, sir. 

JUDGE GOODWIN: Okay. And would 

you state your name for the record and spell 

your first and last name. 

MR. LINNE: Todd Linne, T-O-D-D LI-N-N-E. 

JUDGE GOODWIN: Okay. One --

would you raise you right hand. 

(Oath administered) 

MR. LINNE: Yes, sir. I do. 

TODD LINNE 

called as a witness on behalf of the 

defendant, testified telephonically as follows 

on: 

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DIRECT EXAMINATION 

JUDGE GOODWIN: Okay. All right. 

Then, Mr. Linne, I'm going to just say one 

thing. All the testimony we take today will 

be in a transcript and the transcript will go 

on the record. So counsel and I want to make 

sure that you don't give any person 

identifying information during the transcript. 

So I don't want any telephone numbers or home 

address or anything else, so if one of the 

attorney's interrupt you, that's what we're 

trying to preclude from happening, okay? 

A Okay. Very good. 

JUDGE GOODWIN: All right. Let's 

begin. 

BY MR. COLE 

Q 

A 

Q 

A 

Q 

A 

Mr. Linne, are you there? 

Yes, sir. 

Where are you right now? 

Very good. 

No. Where are you right now? 

Oh, I'm in Southern Ohio. 

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Q Okay. And are you working there? 

A Yes. 

Q What do you do for work? 

A Aerial construction. 

Q And do you know a company called 

Smith Cable? 

A Yes, sir. 

Q have you worked for Smith Cable 

before? 

A Yes, I have. 

Q And can you just briefly give us 

an overview of when you worked for Smith 

Cable? 

A Oh, I'd have to say back in '08 --

probably April of '08 through January or 

February of '09. 

Q And what were you doing for Smith 

Cable when you were employed by them during 

that period? 

A Aerial construction. 

Q Okay. 

A Fiber optics, strand cable, fiber 

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optics. 

Q For people that aren't familiar 

with what that means, can you kind of give us 

a sense of what you would have done on a daily 

basis? 

A We string -- we go through towns 

and rebuild the cable -- cable system. We put 

it on from pole to pole, climb the pole or use 

a boom truck and put an aerial from pole to 

pole. 

Q And the cable, what type of cable 

is this? 

A It's coax cable for cable TV and 

also fiber optics which is the back bone of 

the coax. 

Q Now, were you working in the 

summer of 2008 in Southeast Alaska. 

A Summer -- yeah. Yes, sir. 

Q Tell the Judge what you were doing 

in that -- in those jobs that you were doing 

that summer. 

A We were traveling from town to 

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town rebuilding the cable, putting fiber up 

where there wasn't. Some of the towns did not 

have fiber. We built fiber. And that's it. 

You know, we just traveled from little village 

to little village, repairing the coax and 

putting up fiber optics. 

Q What type of equipment did you 

need to do that job? 

A To do my job, I need my belt and 

hooks, how I climb the poles, bucket truck is 

nice, so we don't have to climb if the poles 

are on the road. And then we use our ladder, 

our rope, lashers, rollers, a gas drill for 

drilling the holes in the poles, and a jig 

which we put on the line which pulls the coax 

out and then the lasher we put on the line and 

it ties 3,200 stainless steel wire that ties 

the coax to the support wire which is called 

strand. Rollers that hangs the coax onto our 

support wire and a lay-up stick which pulls 

the rollers out and basically that's about it. 

Q Now, on these particular jobs that 

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summer, was there a person that was working 

with you? 

A Yes. Yes. I've had -- I had a 

couple guys working with me, yes. 

Q At the end of the job, who was 

with you at the end? 

A At the very end was just me and 

Tom Fialek. 

Q Okay. Now, where did you stay 

during those times? 

A We stayed in apartment, a cottage, 

and motels -- or a lodge I should say. 

Apartment, lodges, and motels. 

Q Okay. And there was one question 

I forgot to ask you. Would you have used 

spray paint in any of your jobs that you were 

working that summer? 

No. No. I've never 25 some 

years, I've never used spray paint. No. 

Q And would there have been any 

reason to use -- or to use silver spray paint 

or any kind of a spray paint on the jobs you 

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were doing? 

A No, absolutely not. 

Q Okay. Now, I understand that at 

some point you purchased or someone purchased 

a -- some type of a stove, a propane stove; is 

that correct? 

A Yes. Yes, I did. 

Q Okay. Would you tell the Judge 

what was the purpose of doing that? 

A I bought the propane stove in 

Petersburg just to cook hamburgers and steaks, 

bratwurst, hot dogs. 

Q And would you just -- for the 

benefit of the Judge, would you explain or 

describe that -- what that stove was, how it 

looked? 

A That particular one I believe was 

square and it was probably maybe a foot tall 

by maybe 12 by 12 inches roughly and it had a 

big old nozzle on it that stuck out the side 

that you would screw a propane bottle on and 

it had a flat grill on it where we would put 

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our burgers and our steaks. 

Q What color do you recall that 

being? 

A I believe that was gray. I know 

it was dark. I believe it was gray. 

Q And was there a particular place 

that you kept this stove on the job? 

A Yeah. Yep. When we didn't use it 

or when we shipped it, the truck would go by 

barge from these little villages. It would 

fit right underneath the ladder on the utility 

bin up against the cab on the passenger side. 

It sat right up in there and we'd tie it up to 

the ladder. 

Q Now at some point, did you have to 

make -- did you start making arrangements to 

travel to Fairbanks at the conclusion of this 

job? 

A Did I make arrangements? 

Q No. Did you have to start making 

-- were arrangements made for you to travel? 

A Yes 

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Q Okay. And who would have made 

those? 

A Annie for Smith Cable Systems. 

She made all our arrangements anytime we 

traveled. 

Q And do you recall how the 

equipment was to be transported on this 

particular occasion? 

A From? 

From Ketchikan to Fairbanks 

From Ketchikan, it was the 

equipment was going to be flown and the truck 

and everything was going to be barged. 

Q Tell us about the equipment that 

was going to be flown. What was that cargo? 

Can you recall what that was comprised 

A That was -- that was going to be 

flown? 

Q Yes. 

A We - - we put on a pallet -- two 

pallets actually all the ropes, all the 

rollers, two lashers, our lay-up stick. 

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fenders that you put on the coax to pull it, 

our luggage, a couple suitcases. What else. 

Just mainly all the tools for work and our 

luggage -- our clothes and stuff. 

Q Did you have any camping gear with 

you on this trip? 

A Camping gear? 

Q Yeah. 

A No. No, No, sir. 

Q Okay. And when you -- when did 

you -- when would you have put this -- these 

items on the pallets that you're describing? 

A Me and Tom did that at -- we 

started at like 7:30 in the morning because I 

believe if I'm remembering right the gentleman 

was supposed to be there 9:30, 10:00 o'clock 

maybe, 10:30 possibly. Right around 10:00 I 

guess. We put it all on a pallet -- took it 

off the truck, put it on a pallet and put 

shrink wrap on - - two pallets actually and put 

Saran Wrap -- clear stuff around it so nothing 

would fall off and then the gentleman showed 

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up and he had no way to get the pallets in 

back of the truck and so he had cut the 

plastic off and -- he had the knife. You 

know, I might have cut one, he might have cut 

one, but the plastic got cut off and then him 

and Tom took everything off the pallets one 

piece at a time and threw it in back of his 

cargo truck. 

Q Now are 

A a cube van, box truck, type 

deal and the bumper was four-foot high and 

there was no way to get the pallet up in 

there. 

Q Now, let's go back to the -- when 

you were taking the stuff and putting it on 

the pallet the first time. Okay? 

A Uh-huh. (Affirmative) 

Q Do you recall putting the stove on 

that pallet full of goods? 

A No. No. Absolutely not. I don't 

- - I do not recall, no. 

Q And would you -- were you aware at 

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that time that you couldn't ship propane? 

A Oh, yeah. Yes. Yeah. We were 

flying. We've been flying from -- I don't 

know how many thousands of miles I flew down 

there from islands, job to job and stuff. 

Yeah, very well aware of that. 

Q And so when -- you would have then 

been hand placing each of the items that were 

going to be shipped air cargo onto the pallet, 

right? 

A Yes. On the pallet, yep. And 

then we took them off the pallet by hand to 

put them in back of the truck. 

Q And this person that showed up, 

was it a male or a female? 

A It was a male. It was a younger 

guy. I remember -- I don't know, 2 0 -- 2 0 to 

25 possibly. I know it was a younger 

gentleman. We're all bumming pretty bad 

because it was pouring down rain when we done 

it. I remember that. 

Q And was ther e any discussion about 

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him running back and getting something to lift 

up these pallets rather than 

A Yeah. Yeah. Me and Tom tried to 

get him -- because we worked for two hours in 

the rain putting everything on there and then 

he showed up and there was no way to get it. 

We said, man, can't you go get a fork truck. 

They were just like right across the street 

and down maybe quarter of a mile or so. Is 

there any way you could get a truck with a 

lift gate or a pallet jack or anything and he 

said no. So we commenced to loading it up by 

hand. 

Q So you and Tom would have been the 

ones that loaded everything off that pallet 

into the back of his truck. 

A With him. He helped us also. 

Q Okay. Now, was there any other 

things in the back of that truck? 

A You know, I don't recall. I don't 

-- I don't recall if there was anything back 

there or not. 

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Okay. Okay. So 

A We were 

Q Did you -- when he drove up, did 

you have any more involvement in the shipping 

of that cargo? 

A No. No. No 

Q Okay. So now, let's go to --

where did you go after the cargo was shipped? 

A Me personally? 

Q Yeah. 

A 

A 

Me and Tom? 

Yeah. 

We went to Fairbanks 

Q Okay. And were you involved in 

picking up this shipment in Fairbanks? 

A Actually -- actually me and Tom 

did with Mr. Smith's pickup truck. 

Q And can you tell us what happened 

when you went up to get the stuff? 

A Yeah. We backed into the -- the 

big bay. They opened the big bay and the 

gentleman went and got one pallet and put it 

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in the back of the truck. Then he went got 

another pallet and put that in back of the 

truck and pushed the first pallet forward 

which went through the back window of the 

truck. He busted our back window and then --

I remember that much. There's glass all over. 

Yeah. Actually and then he just started 

driving off and I had to walk after him just 

a little bit and bring it to his attention, 

you know, what are we going to do about the 

busted window and he advised me to go into the 

office and see what could be done about it. 

Q And did anybody say anything to 

you at that time about the shipment? 

A No. Nope. Not a word was said. 

We were there for at least half hour, 45 

minutes probably. 

Q So there's no comment saying that 

you guys had a problem with the shipment or 

something like that. 

A Nope. Nothing at all. 

Q And did you unpack the load there? 

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A Yeah. Actually we would have had 

to to get it -- get it off the truck. 

Q And do you remember there being 

any kind of a stove in that shipment? 

A No. Nope. 

Q Now, at one time you did an 

affidavit in support of -- in this case, 

right? 

A Yes 

Q And have you had a chance to 

review that affidavit? 

A Yeah. I went over it 

Q Okay. 

A A while back, yeah. 

Q Is that still a fair and accurate 

statement of the events that occurred? 

A Absolutely. Yes, sir. 

MR. COLE: We would move for the 

admission of Exhibit C. 

MR. BLACK: No objection. 

JUDGE GOODWIN: Exhibit C for 

identification is received into evidence as 

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Exhibit C 

(Defendant's Exhibit C admitted) 

MR, COLE That's all the 

questions I have for Mr. Linne. 

JUDGE GOODWIN: Cross 

MR. BLACK: Okay. 

MR. COLE: Well, let me no, no, 

Go ahead. That's fine. 

TODD LINNE 

testified as follows on: 

CROSS EXAMINATION 

BY MR. BLACK: 

Mr. Linne 

JUDGE GOODWIN: Hold on - - yeah, 

go ahead. 

Q Mr. Linne, are you still there? 

A Yes, sir. 

Q Hi. My name is Craig Black. I'm 

the attorney for the FAA. There's a lot of 

folks who are all over the country right now 

on the phone. I understand you're in Ohio. 

A Yes, sir. 

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Q Mr, Cole is in Alaska. I am in 

Florida and Judge Goodwin is in California. 

So it's really quite a modern 

A Oh, yeah. 

Q technology. Pretty amazing 

we're able to do this. I know that 

listening 

A Right. 

Q I know that listening to me on the 

phone, you know, because we're all separated 

and there's a lot of folks on the line, you 

may have some trouble hearing me at some 

point, so if you have any questions about what 

I ask, if you'd like me to repeat something, 

please feel free to let me know. 

A Absolutely. 

Q I'd like to take you back to the 

day in September of ' 08 when you testified 

that you helped prepare the shipment for Smith 

Cable to be delivered to Alaska Airlines. Do 

you recall that time? 

A Yes, when -- Y^ ^ - '^^® '^^Y I P^t 

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it on the pallet? 

A 

Correct 

Yes, sir. 

Q It sounds -- from what you've 

described when Mr. Cole questioned you, it 

sounds like it was raining at the time? 

A Yes, it was. 

Q Now, you were in Southeast Alaska 

for quite a while by that time, correct? 

A Yes. 

Q And you know it tends to rain a 

fair amount in Southeast Alaska, correct? 

A About 98 percent of the time. 

Yes, it does. 

Q That sounds about right. Was it 

raining particularly hard that morning in 

Ketchikan? 

A I remember it being cold. I know 

it was raining pretty -- yeah. It was raining 

pretty good. It wasn't no downpour, but we 

were freezing. It was raining good. You 

know, a steady rain. 

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Q Were you frustrated by the 

difficulty you were having in getting this 

shipment together for the Aerl employee? 

A I wasn't frustrated. I was 

freezing. We were definitely cold, but no. 

It wasn't -- we knew we had to do it and we 

had to wait till the morning to do it because 

the stuff would have been wet if it sat 

outside all night. We were aware of our task 

at hand. 

Q I think you testified that 

yourself, Mr. -- I'm sorry -- Mr. Fialek, and 

the Aerl employee 

A Fialek, yes, sir. 

Q Yes. The three of you, you, Mr. 

Fialek, and the Aerl employee each worked 

trying to load the materials to be shipped by 

air into the Aerl truck; was that correct? 

A Yes, it was. Yes, it is. 

Q And did -- so the -- would it be 

fair to say that the three of you all were 

loading items from the pallets into his truck? 

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A Yes . 

Q Would it be fair to say that you 

didn't personally observe every piece of 

equipment going into that truck since others 

were helping you? 

A I would say I -- I -- I probably 

observed it because when I would throw stuff 

in the truck, I could see what was in the 

truck, but I didn't handle every piece. 

Q Would it not be possible for some 

items to be put in the truck by the others 

that you didn't see? 

A I guess there's a slim 

possibility. Sure. You know, there was three 

of us doing it, but like I say, you know, when 

we were throwing stuff in there, we could see 

what -- what was in there that we were moving 

out of our way because one guy had to get in 

there and move stuff out of the way while the 

other two were throwing the rest on. 

Q I understand you had a camp stove 

after -- well, when you were in Petersburg, 

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you picked up a camp stove; is that correct? 

A A little gas grill, propane grill. 

yeah. 

Q And if so, if I call it a camp 

stove, you know what I mean, correct? 

A Yeah, sure. Yep. Yes. 

Q And if I understand your testimony 

correctly, you said it was a dark color? 

A Yes. I believe it was gray. 

Q Could it have been black? 

A Yeah, that's dark. Sure. 

Q Or could it have been a dark 

green? 

A Yeah, could have been dark green, 

dark gray, black, sure. 

Q You testified also that it was 

fueled by propane; is that correct? 

A Yes. 

Q Could you tell me a little bit 

about how that gas grill is fueled by propane? 

A There's -- there's an elbow that 

sticks out of the side of the grill. It 

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sticks out about -- protrudes out probably 

four or five inches. Just like what your --

your gas grill would be at home with that --

that -- I don't know what it's called, but the 

unit that you screw onto your propane tanks. 

That sticks out the side of the grill and then 

the propane bottle screws into that. 

Q Is that little unit in the middle 

there called a regulator? 

A Yeah, sir. 

Q All right. 

A Yes, it is. 

Q And I understand you just said 

again that a propane -- did you say cylinder 

is screwed onto the regulator? 

A A propane tank, yes. 

Q A propane tank. And could you 

describe what you mean by a propane tank? 

A It would be the ones that you buy 

like in the hardware store, probably 6 inches 

around by 12 inches long, the smaller round 

ones . 

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Q Is that the sort of tank that you 

used that summer? 

A That's the ones we usually buy. 

Q And 

A 

different? 

A 

I know there's different 

Sure Go ahead. 

There's different 

There are 

there's 

different kinds of tanks. I do know that. We 

-- we try to always buy the short or long 

ones . 

Q Do you know if the ones that you 

typically bought had a brand name 

A 

that, sir 

Oh, I -- I sure couldn't tell you 

Q What color did they tend to be? 

A Oh, wow. I know there's green 

ones. I guess green and blue. There's blue 

ones and there's even yellow ones. So there's 

green, blue, and yellow. Three different 

colors. 

Q Do you know how much a propane 

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cylinder like that typically costs? 

A I want to say $3. 

Q And would that be true at Ohio 

prices or Southwest Alaska prices? 

A That'll be true in Ohio. 

Southeast Alaska, they're probably 4, $5. 

Probably $5. I don't remember the exact cost 

of it, but yeah, it is a lot more expensive. 

You're right. 

MR. BLACK: 

questions for Mr. Linne 

I have no further 

JUDGE GOODWIN: Redirect 

MR. COLE: I just have a couple 

questions. Your Honor, 

TODD LINNE 

testified as follows on; 

REDIRECT EXAMINATION 

BY MR. COLE 

Q Mr. Linne, do you remember any 

tape being on this camp stove that you have? 

A Any what? 

Q Tape. T-A-P-E. 

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A 

Q 

Any tape? 

Yeah. 

No I couldn't I couldn't 

foresee any tape. It was brand new. I mean, 

you know, we used it probably six, seven 

times. Have a tendency to buy them and not 

use them a whole lot. But I don't -- no, 

there wouldn't have been no tape on it. Not 

that I -- I wouldn't know why. 

Q And do you recall this -- did it 

have legs on it that folded out or did it just 

sit flat? 

A I believe that one sat flat and 

the tank also helped it balance --is how they 

usually are. That's why we like the longer 

ones . 

Q And did you have any plastic totes 

that were part of your luggage on that 

particular trip? 

A Plastic totes. Well, I guess -- I 

don't recall. I guess there may have been for 

the rollers because the rollers are small and 

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scatter all over the place. We may have 

had -- may have put all the rollers in a 

plastic tote I guess. I don't really recall. 

Q Okay. And Mr. Black asked you 

about when you loaded the items into the back 

of the truck about the possibility that you 

might not have seen everything. Do you 

remember that testimony? 

A Yes. 

Q But it's pretty clear that you saw 

everything that got loaded on the pallet 

before the transporter got there, right? You 

loaded -- you and your partner loaded 

everything that were on the two pallets, 

right? 

A Yes. We loaded them together, one 

pallet at a time so we could -- we had to 

stack them accordingly so they wouldn't slide 

all over the place. Yes, that -- that is a 

fact. 

Q And do you know where this -- were 

you privy to where this particular transporter 

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went between the time he picked up your cargo 

there and when he actually delivered it to the 

Alaska Airlines warehouse? Do you know where 

he went? 

A Do I -- no. No, I never seen him 

again. He pulled out of the parking lot and 

we were done. 

MR. COLE: Thank you. That's all 

the questions I have. 

JUDGE GOODWIN: Okay. Want to 

call your next witness then, please. 

MR. COLE: Yes. I'm going to make 

arrangements. You can hang up now, Mr. Linne. 

Appreciate it and we'll make arrangements for 

the next phone call. Your Honor. 

MR. LINNE: All right. Thank you. 

sir 

Mr. Linne? 

JUDGE GOODWIN; Mr Linne 

MR. LINNE: Yes, sir. Yes, sir. 

JUDGE GOODWIN: I'm going to 

admonish you not to discuss your testimony 

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with anybody prior to the conclusion of the 

hearing. Okay? 

MR. LINNE: Excuse me? Excuse me? 

JUDGE GOODWIN: Do not talk about 

what you testified until after the hearing. 

MR. LINNE: No. 

JUDGE GOODWIN: Okay? 

MR. LINNE: No. I'm actually 

sitting outside and it' s zero degrees and he' s 

in the car because we had to come up and get 

signal. 

JUDGE GOODWIN: Okay. 

MR. LINNE: I'm freezing, so yeah. 

MR. COLE: Actually why don't you 

just switch places with him so he comes out 

and gets on the phone and you can leave. 

MR. SMITH: You can warm up. 

MR. LINNE: Okay. Just one 

second. You're turn to freeze, Tom. 

MR. COLE: Tom. 

MR. FIALEK: Can yo u hea r me? 

MR. COLE: Yes, sir . Can yo u hea r 

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us? 

MR. FIALEK: Yes, sir. 

MR. COLE: Okay. Tom. Mr. 

Fialek, we're going to -- the Judge is going 

to swear you in and you need to state your 

full name and spell your last name for us 

first. 

MR. FIALEK: Okay. 

MR. COLE: Go ahead. Give us your 

first -- full name and spell your last. 

MR. FIALEK: Thomas J. Fialek. 

Last name's F-I-A-L-E-K. 

MR. COLE: Okay. Your Honor. 

JUDGE GOODWIN: Would you raise 

your right hand. 

(Oath administered) 

MR. FIALEK: Yes, sir. 

JUDGE GOODWIN Okay 

Witness 

THOMAS J. FIALEK 

called as a witness on behalf of the 

defendant, testified telephonically as follows 

NEAL R. GROSS 

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on; 

BY MR. COLE 

DIRECT EXAMINATION 

Q Mr. Fialek, do you now the company 

Smith Cable? 

A Yes, sir. 

Q And did you work for Smith Cable 

in the summer and early fall of 2008? 

A Yes, sir. 

Q What were you doing for the 

company then? 

A We were building coax cable down 

in the Southeast area for GCI Cable. 

Q And who were you working with? 

A Todd Linne was my partner at the 

time. 

Q And did you have equipment that 

you drove around with? 

A Yes, we had. We had a bucket 

truck, cable trailer, four-wheeler, and a 

truck loaded with equipment that we shipped 

from city to city or island to island or 

(202) 234-4433 

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wherever we needed to be actually. 

Q And would there have been any 

reason for you to use spray paint as part of 

your job? 

A No. There is -- I have been doing 

this for ten years now and there is no reason 

to use spray paint on this job. 

Now, would did there come a 

point where you had to package up everything 

and ship out from Ketchikan? 

A Yes. Yep. There was several 

times where we had to pack up and ship up, 

but, yes, Ketchikan is where we're referring 

this to. 

Q And do you recall when you were 

moving your operation back to Fairbanks? 

A Yep. Yes, I do. Clearly. 

Q And would you give us a -- did you 

make the arrangements to ship the materials 

back? 

A No, I did not. Such as picking 

out which cargo company or who's ever sending 

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it, I did not do that. Annie I believe works 

in Mr. Ron Smith's office. She's the one that 

set it all up. Guy met us at the hotel and we 

went from there. 

Q Now, do you recall the day when 

you loaded Smith Cable equipment onto some 

pallets for shipment in air cargo? 

A Yes, I do. 

Q Would you explain what happened 

that day? That morning? 

A Yep. We woke up that morning. 

Raining of course. It was in the Southeast. 

A guy met us at the hotel. Me and Todd had 

stuff loaded on pallets and he come there in 

a box truck, cube van I call it. So we had to 

tear everything off the pallets and throw it 

in the back of the truck and he brought it I'm 

assuming to his warehouse and loaded it all 

back up on pallets and shipped it out from 

there and we met up the next day or maybe two 

days later in Fairbanks with our stuff right 

from the same people that shipped it 

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obviously. Picked it up. They never said one 

word about shipping any hazardous materials to 

me. They broke our back window out. We 

walked out the door and I mean -- and we heard 

about this a year later, so 

Q Okay. Now, let's go back to the 

point that morning when you put everything on 

the pallet. Do you remember that morning? 

A Yes, sir 

Q Now, were you aware of the 

restrictions against shipping hazardous 

materials on airplanes? 

A Yes. I mean we've shipped several 

different times before this. 

Q And were you aware that it was 

improper to ship propane without declaring it? 

A Yes. Yep. There's no propane. I 

mean you can't even send a gas can on air with 

a drop of gas. Yeah. We're fully aware of 

that. 

Q And when you were loading up the 

pallets that morning in preparation for the 

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gentleman coming and picking them up, were you 

watching what you were putting on to make sure 

nothing improper was on the pallets? 

A Yes. Yep. Me and Todd were right 

there. I mean it was hand on everything. 

Q Did you and Todd have a stove or 

something similar for your jobs out there? 

A We had a grill 

Q Okay. 

A for cooking on. 

Q Do you remember what color that 

grill was? 

A Black I believe. 

Q Okay. Did it have any tape on it? 

A Tape? No, sir. 

Q And do you recall if it sat flat 

or if it had legs or anything like that? 

A I don't recall. They're all 

pretty much the same. Legs on them, yes. Lid 

that pops off and then your rack that you put 

whatever on to cook. 

Q Now, when th e gentleman showed up. 

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what did you think was going to happen? 

A I was hoping he was just going to 

load it up with a forklift in the back of his 

truck, but he came there obviously without a 

forklift. So we started tearing the stuff off 

from the pallets. 

Q And what did you do with it? 

A We threw it in the back of that 

cube van, transportation truck, air cargo --

or whatever the name of it was there. I can't 

recall exactly. 

Q Do you recall if there was 

anything inside that truck before you started 

loading up the things? 

A Yes. I do recall some things. 

What they are, sir, I can't -- I don't recall 

what they were, but there was some things 

tucked up in the corner and -- yes, there was 

a couple of other things in the truck before 

we started loading our stuff up. 

Q And in the course of loading, 

would you have loaded a stove into his truck? 

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A Nope. We never shipped the stove 

out whatsoever. The stove was on the truck 

from spot to spot and no, we 

shipped the stove. 

I never 

Q And what other types of things 

were on the pallets, if you could just kind of 

briefly let the Judge know what you recall 

were the things that were being shipped on 

those pallets. 

A Pretty much all work stuff. There 

was cones, rain -- excuse me -- rain gear, 

hard hats, lashers. That's what we use on our 

lines. Ropes, bending boards, all aerial 

equipment stuff and clothes. 

Q And you'd been out there for the 

whole summer, so you had quite a few clothes, 

right? 

A Yes, sir. 

Q And I assume that you try to avoid 

the extra cost imposed for shipping luggage 

when you travel, so you just ship some of your 

clothes air cargo? 

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A Yes. Yep. We shipped our clothes 

all with that and I mean we might have had one 

bag that we brought on the place. Yep, 

because we were heading to Fairbanks . So yes . 

Yep. 

Q Okay. And do you know where that 

gentleman who took all that equipment went 

after he left you? 

A I don't. No. I could not tell 

you that. 

Q Did you have any involvement in 

offloading the equipment from that truck at 

the Alaska Airlines air cargo facility? 

A No, we did not. 

Q And were you -- did you pick up --

I think you already said you picked up some of 

the stuff in the -- when it arrived in 

Fairbanks? 

A Exactly. Yes, sir. 

Q And was there a stove in any of 

that equipment when you picked it up in 

Fairbanks? 

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A No, there was not. 

MR, COLE That's all the 

questions I have. Your Honor. 

JUDGE GOODWIN: Cross. 

MR. BLACK: Yes. 

THOMAS J. FIALEK 

testified as follows on: 

CROSS EXAMINATION 

BY MR. BLACK: 

Q Mr. Fialek -- I'm sorry -- my name 

is Craig Black. I'm the attorney for the FAA. 

Can you hear me all right? 

A Yes, I can, Craig. 

Q Thank you. Just -- because we 

have people scattered all over hither and yon 

for this hearing -- I'm in Florida. You're in 

Ohio. Mr. Cole is in Alaska and the Judge is 

in California -- just in -- if you have any 

trouble hearing any of us as we go forward 

here, just please do speak up and we'll try to 

fix the problem. 

A Okay. Nope. I can hear you 

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great. 

Q Very good. I understand from your 

testimony that there was a camp stove or a gas 

grill as it's variously been called that you 

and Mr. Linne used during your work in 

Southeast Alaska; is that correct? 

A Yes, that's correct. 

Q Could you describe it to me, 

please? 

A Black grill, 10 inches tall, 30 

inches wide. Might sit up off the ground a 

foot and a half, two feet at the very most. 

Q How was it fueled? 

A It was fueled by propane I 

believe. Yes. 

Q Could you describe that fueling in 

detail for me? Could you tell me exactly how 

that operates? 

A You screw a propane tank onto the 

gas grill and it ignites and you're cooking. 

Simple as that. That's why we use them. 

Q What is the -- I think you said 

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you screw a propane tank on, was it? Is that 

your word, tank? 

A Well, it's a cylinder, yes. 

Q A cylinder? What does the 

cylinder look like? 

A You can get numerous ones. I 

think you can get blue cylinders, yellow 

cylinders. They're a foot long and six inches 

wide. 

Q And what -- who purchased this 

grill that you and Mr. Linne used in Southeast 

Alaska that summer? 

A Todd. 

Q Mr. Linne did? 

A Yes. 

Q I think you testified that you 

helped Todd and an employee of Aerl load the 

Smith Cable items into the back of the Aerl --

well, let rephrase that because I don't think 

you used the word Aerl. Let me ask that 

question again, Mr. Linne. I'm sorry. Or 

excuse me - - Mr. Fialek. I'm sorry. I 

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understand that you helped -- yes. I 

understand that you helped Mr. Linne and 

another person load the Smith Cable material 

into the truck that would then deliver that 

material to Alaska Airlines in Ketchikan; is 

that correct? 

A That's correct 

Q What was that day like for you? 

A It was another day. We were 

getting ready -- job was winding up and we 

were shipping our stuff up north. There was 

nothing different about it and any other day 

that we shipped out. We packed the stuff on 

pallets and shipped it out. I mean it was 

simple as that and guy met us there. 

Obviously we unloaded it and then we threw it 

all in the back of his van and he packaged it 

up and shipped it from Ketchikan to Fairbanks. 

Q Now I understand that you had the 

material on pallets, but you couldn't load the 

pallets into the cube van that arrived; is 

that correct?? 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nda5Qlcbss.com 
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A Yes, that's correct. With all the 

gear on them, they'd probably go 2,000 pounds 

would be my guess, sir, and we weren't going 

to lift them. 

Q And so what did you do instead of 

try to lift it? 

A We took it all off pallet and 

placed it in the back of his cube van and he 

took it to his warehouse and loaded it up on 

pallets and sent it north to Fairbanks. 

Q When you said -- I believe the 

word you used was we loaded it into the cube 

van, are you referring -- who are you 

referring to specifically? 

A Me, Todd, and him. He helped us 

take it all apart, all of us. 

Q So it was you, Mr. Linne 

Todd and. 

Q and then the employee with 

the cube van? 

A Yes, sir. 

Q And do you recal l his name? 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nda5gloss.com 
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A No, I don't 

Q But the three of you worked 

together to move everything into the van; is 

that correct? 

A That's correct. 

Q Did you take time to watch them 

load all of the items that they were loading 

into the van? 

A No, I did not. 

Q S>o would it be fair to say that 

there may have been some items from the pallet 

that you didn't see observe -- that you didn't 

observe being loaded into the cube van; is 

that correct? 

A Nope, because me and Todd loaded 

all the stuff on the pallets. I seen 

everything that was placed on the pallets. I 

then watch them guys tear it off and put it in 

the truck. Me and Todd loaded the pallets up 

and -- yeah, he come -- he got there and 

helped us throw it all in the back of the 

truck. 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.ndaSgiss.com 
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Q At the time that you were loading 

the cube van with all the materials from the 

pallets, where was the work truck that you 

were using, the Smith Cable work truck that 

was going to go on the ferry? 

A I don't remember. 

Q You don't recall if it had already 

been shipped? 

A I don't recall 

Q Where was this loading done? 

A This was done at a hotel that we 

stayed at. He met us right there. 

Q Was that the hotel that you stayed 

at throughout your time in Ketchikan? 

A Yes. 

Q When you were done with your day's 

work, would you always return the -- I believe 

you called it a bucket truck also to that 

hotel? 

Yes 

Q But you don't recall whether the 

bucket truck was there that morning when you 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 '.nda5g3Dss.com 
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were loading the cube van; is that correct? 

A That's correct. I don't recall if 

we shipped that out and taxied it. I don't 

recall. 

MR . BLACK: I have no further 

questions. 

Honor 

MR. COLE: No questions. Your 

JUDGE GOODWIN: Okay. Are we 

concluded with the three witnesses then? 

MR. COLE: Yes, sir. 

JUDGE GOODWIN: Okay. Anything 

else we need to do in terms of taking 

testimony? 

MR. BLACK: No, Your Honor 

MR. COLE: The only thing that I 

ask is that I had one more exhibit that I 

would like to move in and that's the 

Government's responses which is Exhibit H, but 

that's the only other thing I wanted to take 

up before we concluded. 

JUDGE GOODWIN: Do you have any 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nda5gft)ss.com 
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objection to that? 

MR. BLACK: No objection. 

JUDGE GOODWIN: Exhibit H for 

identification is received into evidence. 

(Complainant's Exhibit H admitted) 

JUDGE GOODWIN: It's probably 

going to take a while to get the transcript. 

Mr. Black, how long are you going to be in 

Florida? 

MR . BLACK; Once I receive the 

transcript, I think I'll be able to brief 

closing within three weeks. 

JUDGE GOODWIN: Okay. Why don't 

we do this. Once we get the transcript, I'll 

put a post hearing briefing schedule. So it's 

probably not going to be in -- oh, April or 

May. If either one of you have a problem with 

the briefing schedule, talk among yourselves. 

If you can agree on a new scheduling time, 

just send me an order and I'll sign it. 

MR. BLACK: Thank you. Your Honor. 

JUDGE GOODWIN: So is there 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.ndaS^ss.com 
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anything else we need to do then? 

MR. COLE: No, sir. Not from 

Smith Cable. Thank you. 

JUDGE GOODWIN: Okay. Well, thank 

you, gentlemen, and everybody have safe 

travels then. 

MR. BLACK: Take care. 

MR. COLE: We're off record. 

(Off record) 

(END OF PROCEEDINGS) 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.n' iss.com 
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442:11 

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447:12,22 

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449:17 450:1,2 

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393:1 429:5 

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431:3 

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389:13 402:10 

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438:13 447:3 

454:8,15 455:21 

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453:11,13,19 

hour423:16 

hours 421:4 

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idea 401:18 

identification 

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400:22 424:22 

455:4 

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445:20 

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443:3 

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406:8 

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389:9 401:5 410:8 

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422:14 

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island 439:22,22 

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Nea l R. Gross & Co . 

202-234-443 3 

406:1,10418:12 

420:8 428:22 

429:11435:5 

449:18 452:7,11 

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I-E 388:8 

I-N-N-E409:14 

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447:6 

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406:1 413:8,9 

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450:10 

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443:7 

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412:3 414:22 

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431:4 432:5,9,12 

432:17,22 434:5,9 

435:21 436:3 

445:7 446:6 

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ladder413:12 

416:11,14 

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391:18 

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417:22 

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443:19 

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402:3 

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419:14 422:7 

442:6 

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451:6 

line407:17413:15 

413:16426:11 

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410:17425:4,9,13 

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433:19436:13,16 

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439:15 448:5 

449:11,14,21 

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416:10 423:9 

430:2,19 431:8 

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444:3 449:17 

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428:22 442:21 

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454:1 

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393:7,9 

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397:11 

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392:20 

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431:21 432:10 

449:8 455:8 

longer 434:15 

look 449:5 

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426:11 433:8 

434:7 436:6 

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403:17 404:5,6,16 

405:8,13 418:2,4 

434:18 445:20 

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making 390:20 

402:6 416:16,20 

male420:15,16 

man 421:7 

manner 396:11 

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marked 396:18 

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384:13 

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391:16 394:7 

395:5 396:2,9 

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442:2,12 453:2 

matter 383:4 

402:19 

Ma'am 388:3 407:8 

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404:13 405:7,9 

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434:4 442:4,13,18 

443:5 446:2 

450:14 

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412:3 

member 405:22 

406:3 

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428:7 441:10,11 

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399:16 400:15 

424:18 429:19 

452:3 454:18 

moving 395:16 

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N383:12 384:16 

name 388:5,6 392:4 

392:10 402:17 

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451:22 

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413:8,9 438:5 

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394:9,11,14 396:4 

397:20 440:1 

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395:20 

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438:16 

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442:1 444:4 

450:16 

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431:22 432:3,11 

432:12,18,19,19 

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412:14413:6 

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414:22 440:3,7 

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418:18,19419:12 

419:16,19 420:9 

420:11,12 421:11 

421:15 422:22 

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450:14,20,21 

451:10452:16,17 

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401:12413:22 

415:17416:6 

417:8434:19 

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439:15 

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429:3 

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429:22 

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425:21 426:10 

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403:16 446:15 

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440:21 443:1 

pickup 422:17 

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416:6 435:1,19 

446:3 

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452:17 

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437:15 

placing 420:8 

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398:16 

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447:20 448:9 

point393:ll 415:4 

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440:9 442:7 

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435:6 

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418:17420:18 

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400:3 426:19 

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403:4 

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426:5 427:19,20 

435:10443:19 

445:10 

prices 433:4,4 

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411:15415:18 

423:17 429:6 

431:1,20 433:6,7 

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455:16 

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423:19 447:21 

455:17 

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PROCEEDINGS 

456:10 

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propane 398:2,2 

415:5,10,21 420:1 

430:2,17,20 431:5 

431:7,14,16,17,18 

432:22 442:16,17 

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391:12 

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449:10 

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412:7,9413:15,16 

415:22 417:20 

418:1,11,18,19,19 

418:20 420:13 

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426:22 429:11 

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202-234-443 3 

p.m 383:18 386:2 

quarter 421:9 

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449:21 

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409:5 425:4 

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440:3,6 

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417:16419:18,21 

421:20,21 426:21 

434:10,21 435:3 

440:15 441:5 

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444:12,15,16 

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398:18 400:22 

401:14,22 402:3 

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396:21 398:21,21 

399:2,19,22 

400:13 

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407:19,20 408:10 

408:12 409:11 

410:6 456:8,9 

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redirect 385:2 

407:6 433:12,17 

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451:13,14 

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regular 404:4 

regulations 391:6 

391:13 

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420:17,21 423:6 

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433:7,19 435:8 

442:8 443:11 

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repairing 413:5 

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394:6 449:19 

reporter 386:9 

408:1,11409:4 

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387:16,17 

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reservations 
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388:22 

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391:1,3 394:5 

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453:17 

review 424:11 

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393:15,19397:11 

402:19 405:21 

406:11 408:12 

409:16 410:2,14 

410:19,21 416:11 

416:13418:15,17 

420:10421:8 

424:8 425:20 

426:8 427:15 

431:11 433:9 

435:12,15 436:16 

438:15 441:21 

443:4 445:17 

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413:21 417:22 

434:22,22 435:2 

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408:16 

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445:13 

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rule 387:6 408:15 

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schedule 398:15 

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393:16403:18 

426:18 

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396:10 400:2 

401:8 404:9,22 

405:1,2 420:1 

440:10,12,19 

442:16 445:21 

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397:18 398:17 

399:7 401:13 

402:3 406:8,13,18 

406:21 422:15 

423:14,19 424:4 

426:19 428:3 

441:7 

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394:16,21 395:5 

398:3,17 402:7 

404:7 416:9 420:9 

422:8 428:17 

439:21 441:19,22 

442:13 445:1,4,8 

446:1 450:13,14 

450:18 453:8 

454:3 

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422:4 442:2,11 

445:20 450:11 

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420:14 421:6 

443:22 

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398:19 

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430:22 431:6 

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450:15 

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407:7 408:19 

409:9,18 410:18 

411:7 412:18 

418:9 424:17 

425:17,22 427:3 

428:14 431:10 

432:15 436:17,20 

436:20 437:22 

438:2,17 439:6,9 

442:9 443:15 

444:16 445:18 

446:19 451:3,21 

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slide 435:18 

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386:7,16 387:12 

387:17 389:18 

390:3,5,12 391:21 

392:12 393:11 

399:8 402:5 

404:21 405:22 

411:6,8,12,17 

417:3 426:19 

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441:6 449:18 

450:3 453:4 456:3 

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441:2 

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449:21,22 

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392:1,16 393:12 

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439:13 441:12 

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414:19,21,22 

440:3,7 

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416:16,20 

started 389:22 

394:3 418:14 

423:7 444:5,13,20 

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438:5 

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statement 424:16 

stay 387:17 414:9 

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453:12,13 

steady 427:22 

steaks415:ll 

416:1 

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steps 397:9 

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sticks 430:22 431:1 

431:6 

store 431:20 

stove 398:2 415:5,5 

415:10,15 416:7 

419:18 424:4 

429:21 430:1,5 

433:20 443:6 

444:22 445:1,2,4 

446:20 448:3 

strand 411:22 

413:19 

street 383:12 

384:16 421:8 

string 412:6 

stuck 415:20 

stuff404:8,18 

! 

Nea l R. Gross & Co . 

202-234-443 3 

I n c 
r- 422:19 428:8 

429:7,16,19 

441:14,21 444:5 

444:20 445:10,14 

446:17 450:11,13 

452:16 

suitcases 418:2 

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384:16 

summer 391:21,22 

392:2,13,20 

393:13412:17,18 

412:21 414:1,17 

432:2 439:8 

445:16 449:12 

support 413:18,20 

424:7 

supposed 418:16 

sure 386:8 389:10 

389:14391:10 

393:4 397:19,21 

398:12 402:6 

403:1 404:3 

405:17 408:20 

410:7 429:14 

430:6,11,15 432:6 

432:14 443:2 

swear 409:2 438:5 

switch 437:15 

system 412:7 

Systems 383:5 

417:3 

take 389:3 391:20 

396:8 397:9 410:4 

426:17451:16 

452:6 454:20 

455:7 456:7 

talk437:4 455:18 

talked 396:3 

talking 399:14 

401:17,19 

tall415:18448:10 

tank431:16,17,18 

432:1 434:14 

448:19 449:1,2 

tanks 431:5 432:9 

tape 433:20,22 

434:1,4,8 443:14 

443:15 

task 428:9 

taxied 454:3 

tear 441:16 452:18 

tearing 444:5 

technology 426:5 

telephone 390:14 

410:9 

telephonic 385:5,6 

telephonically 

409:21 438:22 

television 390:14 

tell 389:20 395:12 

412:19415:8 

417:14 422:18 

430:19 432:14 

446:9 448:17 

tells 403:13 

ten 440:6 

tend 432:16 

tendency 434:6 

tends 427:11 

terms 454:13 

testified 387:13 

388:22 402:14 

409:21 425:10 

426:18 428:11 

430:16433:16 

437:5 438:22 

447:7 449:16 

testifying 408:16 

testimony 387:20 

389:11 406:12 

407:9 410:4 430:7 

435:8 436:22 

448:3 454:14 

thank 389:13 

406:11 407:12 

436:8,16 447:14 

455:21 456:3,4 

they'd 451:2 

thing 406:7 410:4 

454:16,20 

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404:15 405:2,11 

408:13 421:19 

444:14,15,17,19 

445:5,8 

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428:11 444:1 

446:16 448:22 

449:7,16,19 

455:11 

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438:11,20 447:6 

thousands 420:4 

three 387:3,3 

394:21 403:16 

428:15,21 429:14 

432:20 452:2 

454:10455:12 

threw 419:7 444:8 

450:16 

throw 429:7 441:16 

452:21 

throwing 429:16,20 

tie416:13 

ties413:17,17 

till 428:7 

time 388:2 389:3 

393:5 395:17 

401:11 402:2 

419:7,16 420:1 

423:14 424:6 

426:21 427:6,9,13 

435:17 436:1 

439:16 452:6 

453:1,14455:19 

times 414:10 434:6 

440:12 442:14 

today 410:4 

Todd 385:4,22 

392:4 408:2,5,7 

409:13,19 425:9 

433:15 439:15 

441:13 443:4,6 

449:13,17451:15 

451:18 452:15,19 

toiletries 405:18 

406:6 

Tom 392:10 408:15 

414:8418:13 

419:6 421:3,14 

422:11,16437:19 

437:20 438:3 

tomorrow 403:17 

tool 407:1 

tools 403:17,20,22 

404:4,16,18 405:9 

418:3 

tote 435:3 

totes 434:17,20 

town412:22 413:1 

towns412:6 413:2 

trailer 439:20 

transcript 389:6 

410:5,5,8 455:7 

455:11,14 

transportation 

390:21 395:10 

444:9 

transported 417:7 

transporter 435:12 

435:22 

transporting 396:1 

travel 416:17,21 

445:21 

traveled 413:4 

417:5 

traveling 412:22 

travels 456:6 

tried 421:3 

trip418:6 434:19 

trouble 402:22 

426:12 447:19 

truck393:7 394:11 

395:1 398:16 

399:13,14 407:2 

412:9413:10 

416:9417:12 

418:19 419:2,8,10 

420:13 421:7,10 

421:16,19422:17 

423:1,3,5 424:2 

428:18,22 429:4,8 

429:9,11 435:6 

439:20,21 441:15 

441:17 444:4,9,13 

Pag e 464 

444:19,22 445:2 

446:12 450:4 

452:19,22 453:3,4 

453:18,22 

trucks 391:3 

true 433:3,5 

try 432:10 445:19 

447:20 451:6 

trying410:12 

428:17 

tucked 444:18 

turn 437:19 

TV412:13 

two 386:22 390:4 

392:15 394:20 

417:20,22 418:20 

421:4 429:20 

435:14 441:20 

448:12 

type390:13 395:15 

412:11 413:7 

415:5419:10 

types 390:18 445:5 

typically 432:13 

433:1 

T-A-P-E 433:22 

T-O-D 408:2 

T-O-D-D 409:13 

U 

Uh-huh 419:17 

underneath 416:11 

understand 406:12 

415:3 425:21 

429:21 430:7 

431:13 448:2 

450:1,2,19 

unit 431:5,8 

unloaded 450:16 

unpack 423:22 

use403:22 412:8 

413:12414:21,21 

416:8 434:7 440:3 

440:7 445:12 

448:21 

usually 397:17 

405:3 432:3 

"T^?35^5^^^^w5sv«^^ 

Nea l R. Gross & Co . 

202-234-443 3 

I n c 
Page 465 

n 

r434:15 

utility 416:11 

— 

y 

van419:10441:15 

444 

451 

452 

454 

9450:17,21 

8,13,20 452:3 

8,13 453:2 

1 

various 390:10 

396:14 397:10 

variously 448:4 

village 413:4,5 

villages 416:10 

violation 401:15 

W 

wait 428:7 

waiting 398:13 

walk423:8 

walked 442:4 

want 396:8 407:21 

410:6,9 433:2 

436:10 

wanted 454:20 

warehouse 436:3 

441:18451:9 

warm 437:17 

wasn't 406:9 413:2 

427:20 428:4,6 

waste 401:8 

wastes 402:6 

watch 452:6,18 

watching 443:2 

way 400:5 404:7,10 

407:22 419:1,12 

421:6,10 429:18 

429:19 

waybill 385:20 

400:1,7 

week 393:16 

weeks 455:12 

went 422:13,19,22 

423 

436 

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1,4 424:12 

1,4 441:4 

440. / 

weren't 451:3 

West 384:6 

wet 428:8 

we'll 389:10,14 

436:14 447:20 

we're 386:4 387:20 

407:15 408:10,12 

409:1 410:11 

420:19 426:6,10 

438:4 440:13 

442:19 456:8 

we've 420:3 442:13 

whatnot 403:17 

404:14 

whatsoever 445:2 

Whittier 399:8 

407:1,2 

wide 448:11 449:9 

winding 450:10 

window 423:4,5,11 

442:3 

wire413:17,18,20 

withdraw 398:7,8 

witness 386:21 

387:21 388:21 

407:14 409:20 

436:11 438:19,21 

witnesses 385:2 

386:22,22 387:4,7 

387:8,11,19 

454:10 

woke 441:11 

word423:15 442:2 

449:2,20 451:12 

words 403:11 

work390:3 393:12 

411:3 418:3 439:7 

445:10 448:5 

453:3,4,17 

worked 389:18 

392:8,12411:8,12 

421:4 428:16 

452:2 

working 389:21,22 

390:9 392:16 

411:1 412:16 

414:1,4,17 439:14 

works 441:1 

wouldn't434:8,9 

435:18 

wow 432:17 

wrap418:20,21 

written 396:13 

wrong 403:12 

wrote 396:22 

Y 

yeah 386:13 387:14 

408:11 412:18 

416:8 418:8 420:2 

420:2,6 421:3,3 

422:10,12,20 

423:7 424:1,12,14 

425:14 426:4 

427:19 430:3,6,11 

430:14431:10 

433:8 434:2 

437:13 442:19 

452:20 

year 442:5 

years 390:4 414:19 

440:6 

yellow 432:19,20 

449:7 

yep 407:15 408:22 

416:8 420:11 

430:6 440:11,17 

441:11 442:17 

443:4 446:1,3,5 

yon 447:15 

younger 420:16,18 

Z 

zero 437:9 

$ 

$3 433:2 

$5 433:6,7 

# 

#14 384:6 

0 

08 411:14,15 

426:18 

09411:16 

1 

1:00 383:18 386:2 

1:25386:10 

10448:10 

10th 403:18 

10:00418:16,17 

10:30418:17 

12415:19,19 

431-21 

2 

2 398:20 399:18 

2,000 451:2 

20420:17,17 

2006 390:1 

2008 391:21 393:16 

412:17 439:8 

2011383:15 

208 383:12 384:16 

222 384:6 

247-5701403:16 

25414:18420:18 

271-5271 384:8 

277-8001384:18 

3 

3,200413:17 

30 448:10 

389 385:3 

397385:18 

4 

4433:6 

401385:20 

402 385:3 

410 385:4 

425385:4,22 

433 385:4 

439 385:6 

447 385:6 

45423:16 

455 385:13 

6 

6431:20 

7 

7th 384:6 

7:30418:14 

8 

8 383:15 

8:00 403:18 

821383:12 384:16 1 

P 

9 1 

9:30418:16 j 

907 384:8,18 i 

98427:13 1 

99501383:13 j 

99501-2136 384:17 1 

99513-7587 384:7 

Nea l R. Gross & Co . 

202-234-443 3 

I n c 
r^ 466 

C E R T I F I C A T E 

This is to certify that the foregoing transcript 

In the matter of: Smith Cable Systems 

Before: uS DOT/FAA 

Date: 02-08-11 

Place: Anchorage, AK 

r^ was duly recorded and accurately transcribed under 

my direction; further, that said transcript is a 

true and accurate record of the proceedings. 

"T^^^^^ /L ^^ ^ f 

Court Reporter 

r^ 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com