### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERALAVIATIONADMINISTRATION



### FEDERAL AVIATION ADMINISTRATION, Complainant,

vs. LIBERTY FOUNDATION, Respondent. DocketNo. FAA-2012-0477 FAA CaseNo. 2011GL030070

Judge Sullivan

SUPPLEMENT ON MOTION FORSUMMARY JUDGMENT 

### Pursuant to the Judge's request during the February 27, 2014 motion conference on the FAA's Motion for Summary Judgment, the FAA hereby submits the following documents: The Judge requested better copies ofthe photographs constituting FAAExhibits D through P. Improved, full-color copies ofthese photographs are attached. The Judge requested a copy of the first page of FAA Exhibit BB that did not have the INACTIVE DOC watermark, which obscured some ofthe text ofthat page. A copy ofthe first page ofF AAExhibitBB, with no watermark, is attached. The Judge requested documentation concerning the lack of dispute over the fact that the aircraft had been operated at least 12 times prior to the June 13, 2011 flight. In Paragraph 11 ofthe Complaint (and Amended Complaint) the FAA charged that the aircraft was operated at least 12 times in an unairworthy condition. See 

### Complaint '1!11. The Respondent denied this allegation. See 

### Answer '1!11. In Interrogatory #15, the FAA asked Respondent to identify all facts and reasons supporting Respondent's denial of '1!11 of the Complaint. Attachment KK '1!15. Respondent sole basis provided for denying the allegation is that theaircraft was airworthy, and Respondent did not deny the existence of the flights. Id. The Administrator also notes that the documentary evidence already submitted demonstrates that the aircraft had been flown for over 105 hours after the February 24, 2011 alteration and before the June 13, 2011 repair. Compare Attachment Qat 4 (reflecting an aircraft total time of2474.7hours) with Attachment Qat 8 (reflecting an aircraft total time of2579 hours). 

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CHRISTOPHERR. STEVENSON Attorney Office ofthe Regional CounselCERTIFICATE OF SERVICE I hereby certify that the foregoing FAA's Supplement on Motion for Summary Judgment was sent: Original and one copy via certified mail to: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 One copy viaFederal Express to: The Honorable J.E. Sullivan Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, SE (Ell-310) Washington, DC 20590 facsimile: (202) 366-7536 Stuart

### A. Goldstein, P

### .A. 7300 North Kendall Dr., Suite 380 Miami, FL 33156 Facsimile: (305) 400-0685

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# 0!1JA DONNA STANDEY 

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# p7/28/09 8900.1 CHG 71 Figure 4-68, Major Alterations Job Aid NOTE: Aviation Safety Inspectors (ASI) should see guidance in Figure 4-68 to determine when additional coordination with a Designated Engineering Representative (DER) orthe Aircraft Certification Office (ACO) may be necessary. 

### I. The following lists indicate which method(s) may be used for approving major alterations to TC'd and STC'dproducts. These lists are not all-inclusive, and each alteration should be evaluated on a case-by-case basis. Consult each sectionthat concerns your product. Additionally, ASis should review currentbulletins, ACs, etc., for specific types ofinstallations thathave been identified as candidates for field approval. The legend is as follows: 2. Items withthe letters SICrequire an SIC. 3. Items withthe letters EVL maybe eligible for approval by means otherthan an STC, depending on the scope and complexity ofthe alteration. These items will not automatically qualify for a field approval; they require evaluation and review ofguidance to determine ifthe field approval process may be used. 4. Items with the letters ENG may be eligible for approval by means other than an STC, but 

# I require either DER or ODA approved engineering data or concurrence from the ACO for field

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Response: First, Mr. Schneider did not "fabricate" almninum tanks. Second, the work performed on the fuel tanks was not a major alteration because the work performed did not change the "basic design" ofthe fuel system. Unless there is a change to the "basic design" of the fuel system, there isno majoralteration. 

### II. Identify all facts andreasons that supportyour denial of1f 6 ofthe Complaint. Response: See answerto Interrogatories 8, 9, and I0 above. 12. Identify all facts and reasons that support your denial of1[ 7 ofthe Complaint. Response: It is FAA's burden to prove this allegation. Since the maintenance did not constitute a "major alteration," the aircraft was not unairworthy. FAA Inspector Thomas F. Duellman testified in the Schneider case that B- 17s were manufactured with aluminum fuel tanks. 13. Identify all facts andreasons that supportyour denial of1[ 9 ofthe Complaint. Response: Mr. Schneider did not "fabricate" alllnlinum fuel tanks, nor were almninum fuel tanks fabricated at all. The description in the log bookis accurate. 14. Identify all facts and reasons that supportyour denial 

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### 1f I0 ofthe Complaint. Response: Mr. Schneider did not "fabricate" aluminum fuel tanks and there was not a major alteration ofthe fuel system. 15. Identify all facts and reasons that supportyour denial of

### 1f II ofthe Complaint. Response: The aircraft was not unairworthy since there was no major alteration ofthe fuel system. 16. Explain in detail why youbelieve that the "almninumtanks" Mr. Sclmeider allegedly repairedperthe log entryfor N390THdatedFebruary 24, 2011 conformedtothe type design andtype certificate ofN390TH.

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