f ^ 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. j 

+ + + + + 

HEARING 

DECEIVED 

MAR 3 0 2011 

EARING DOCKE 

IN THE MATTER OF: 

INTERTECH OVERLOAD 

INC. , 

• X 

FAA DOCKET NO. 

CP10WP0003 

Civil Penalty Action 

DMS No. FAA-2 010-PJ.94 

Respondent 

ri"i-

• X 

Monday 

March 7, 2011 

<s\ 

> 

-.9 —; 

en c75 

US Department of Labor Courtrac©m 

Suite 5150 

Glenn M. Anderson Federal Building 

510 West Ocean Boulevard 

Longbeach, California 

The above-entitled matter came on 

for hearing, pursuant to notice, at 9:30 a.m. 

BEFORE: 

THE HONORABLE RICHARD C. GOODWIN 

U.S. Administrative Law Judge 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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

On Behalf of the Agency, Federal 

Aviation Administration: 

COURTNEY ADOLPH, ESQ. 

Complainant Counsel 

Of: Office of the Regional Counsel 

Western-Pacific Region, AWP-7 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, California 90009-2007 

(310) 725-7128 (ph) 

(310) 725-6816 (fax) 

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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 
C-0-N-T-E-N-T-S 

WITNESS DIRECT 

Cotry Shearrill 

Avrie Grant McGinnis 

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52 

E-X-H-I-B-I-T-S 

Claimant 

Exhibit Nos Document 

C-1 Application for repair 

station certificate 

Page 

21 

C-2 

C-3 

FAA Operations 

Specifications 

FAA Certificate 

Data Sheet AIZEA 

33 

43 

C-4 Gulfstream Publications 

Revisions Statutes 

45 

C-5 Documentation of work 

done on Gulfstream 72 

C-6 

C - 1 

Letter to McGinnis 72 

dated 1/23/08 

Application for Repair 74 

Station Certificate 

rC-8 2150.3A dated 12/14/98 79 

(For judicial 

notice) 

C-9 2150.3B dated 10/1/07 79 

(For judicial 

notice) 

(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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P-R-0-C-E-E-D-I-N-G-S 

9:31 a.m. 

JUDGE GOODWIN: This is the case 

of Intertech Overload, Incorporated, DMS FAA2010-0194. It's March 7, we're in Long Beach, 

California in the hearing room. The original 

Hearing Notice went up on or about November 

4th of last year and we did an amended Hearing 

Notice February 8th of this year advising of 

the new courtroom. 

It is 9:32. Counsel for the FAA 

has been here since prior to 9'clock and the 

respondent does not appear to be here. 

Counsel, do you want to identify yourself for 

the record? 

MR. ADOLPH: Yes, thank you your 

Honor. Courtney Adolph for the Federal 

Aviation Administration, General Attorney 

Western Pacific Region. 

JUDGE GOODWIN: And have you heard 

from respondent? 

MR. ADOLPH: No, I have not. 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www. nealrgross .com 
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JUDGE GOODWIN And when is the 

last time you recall hearing from him 

approximately? 

MR. ADOLPH: Other than the fax 

correspondence? 

JUDGE GOODWIN: Yes. 

MR. ADOLPH: That would have been 

approximately two weeks ago. 

JUDGE GOODWIN: Okay. 

MR. ADOLPH: In response to the 

order to show cause. 

JUDGE GOODWIN: Okay. There's an 

order to show cause in this as well? 

MR. ADOLPH: There were two, your 

Honor, yes. There's one that they responded 

to, the motion to deem allegations submitted. 

They responded on the last day of that. And 

then there was a subsequent--

JUDGE GOODWIN: Okay. But you 

haven't heard anything at all since then? 

MR. ADOLPH: Not since two weeks 

ago no. 

(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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JUDGE GOODWIN: Okay. And I 

talked to my office and my office hasn't heard 

from him. So what's your pleasure counsel? 

MR. ADOLPH: Can we have a default 

judgment? 

JUDGE GOODWIN: Hold on a minute 

I've got two voice mails. Let's go off the 

record for a second. 

Okay. I've just checked with my 

office and there were no messages. So what's 

your pleasure counsel? 

MR. ADOLPH: We would move for a 

default judgment if it please your Honor. 

JUDGE GOODWIN: I'm not trying to 

push you in any direction did you want to put 

on any testimony or just do it by default? 

It's up to you. 

MR. ADOLPH: Can I go off the 

record for a minute, your Honor? 

JUDGE GOODWIN: Sure. 

MR. ADOLPH: Thanks. 

(A BRIEF RECESS WAS TAKEN) 

(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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JUDGE GOODWIN: Your pleasure. 

counsel? 

MR. ADOLPH: Your Honor, may I put 

on my case-in-chief? 

JUDGE GOODWIN: Sure. Do you want 

to call your first witness? 

MR. ADOLPH: Thank you, your 

Honor. The FAA calls Cotry Shearrill. 

JUDGE GOODWIN: Sir, approach the 

witness stand. Where do you want him? Stand 

and raise your right hand. 

Do you solemnly swear the 

testimony you give will be the truth, the 

whole truth under the penalty of perjury? 

THE WITNESS: Yes sir. 

JUDGE GOODWIN: Please be seated. 

State your full name for the record and spell 

your first and last name. 

MR. ADOLPH: Your Honor, I'm sorry 

to interrupt. Opening statement would you--

JUDGE GOODWIN: Yes, I would. I'll 

swear the witness in and do the whole thing. 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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MR. ADOLPH: Okay. 

THE WITNESS: Cotry Shearrill II. 

First name is spelled C-o-t-r-y and last name 

is spelled S-h-e-a-r-r-i-1-1. 

JUDGE GOODWIN: Run that by me 

again, 

THE WITNESS: C-o-t-r-y and last 

name is S-h-e-a-r-r-i-1-1. 

JUDGE GOODWIN: Okay. A couple of 

preliminary matters. Mr. Adolph is familiar 

with this and this is essentially for the 

benefit of the witnesses and some of his cocounsel that are here. 

In any of my hearings I don't want 

any personal information put into the record. 

Everything that we do goes on the internet. 

The transcript goes on the internet, all the 

exhibits. So in admitting evidence I'm going 

to ask you to review the evidence, make sure 

that there's no personal identifying 

information, that' s home addresses , home phone 

numbers. Social Security numbers, dates of 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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birth, 

All the witnesses should use a 

business address and I don't care if you use 

a post office box. In today's age the last 

thing we need is to have any of this 

information on the internet. And if counsel 

didn't bring a black permanent Magic Marker 

the Court has one. Opening statement. Mr. 

Adolph? 

MR. ADOLPH: Thank you. This case 

arises from ten instances of repair work 

performed on several aircraft. Registration 

No. N47GG, by Intertech Overload, Inc., a part 

145 certificated repair station without a 

proper rating. 

As a result, the FAA has alleged 

that Intertech Overload, whom I'll refer to 

interchangeably as Respondent, violated Title 

14 Code of Federal Regulations Section 

145.5(a) which states that no person may 

operate a certificated repair station without 

or in violation of a repair station 

(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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certificate ratings of operations specifically 

issued under this part. 

The FAA has also charged Section 

145.201(b) as in Bravo, which states that a 

certificated repair station may not maintain 

or alter any article for which it is noted 

rated and may not maintain or alter any 

article for which it is rated if it requires 

special technical data, equipment or 

facilities that are not available to it as a 

result of the maintenance performed. 

In order to prove these ten 

instances of work done violated the charged 

regulations, the complainant will sponsor 

documents through one of its principal 

witnesses, principal maintenance inspector 

Cotry Shearrill, that on or about September 

18, 2003 in its application for repair station 

certificate and/rating, respondent applied for 

the ratings of Gulfstream Aircraft model Nos. 

G-1159, G-1159A and G-4. 

Inspector Shearrill will also 

(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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testify that on or about November 28 of 2007 

while he was inspecting a different entity on 

behalf of the FAA, Van Nuys Flight Standards 

District Office, he discovered that a pilot's 

side window was out of limits on a Gulfstream 

G-1159B aircraft identified as Civil Aircraft 

Registration No. N477GG. 

He will further testify that as a 

result, on December 4, 2007, the principal 

maintenance inspector assigned to Intertech at 

that time. Inspector Arvie McGinnes, performed 

an inspection of N477GG' s maintenance records . 

Inspector McGinnes will further 

testify in sponsored documents supporting that 

the December 4, 2007 inspection revealed that 

from approximately January 6, 2 0 07 through 

November 30, 2 007, respondent performed 

maintenance on N4 77GG and approved it for 

return to service on at least ten separate 

occasions. 

However, respondent was not rated 

to maintain and perform maintenance on the 

(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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Gulfstream model G-1159B. 

The complainant will prove through 

Inspector McGinnes' testimony and sponsor 

through documentary evidence that respondent's 

operations specifications contained no series 

or class ratings and only provided for limited 

ratings on Gulfstream Aircraft model Nos. G1159A, G-1159 and G-4. 

Inspector McGinnes will further 

testify that respondent did not apply to add 

the G-1159B aircraft to its ratings until 

November 29, 2007 and that the application to 

add the G-1159B aircraft to its ratings this 

did not occur until after all but one of the 

instances of repair work done and returned to 

service were performed on N477GG. 

Inspector McGinnes will also 

testify about the January 23, 2008 letter to 

the FAA from Shane Hunt, quality manager for 

respondent, in which Mr. Hunt admitted that at 

the time that the subject maintenance was 

performed respondent was not rated to work on 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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the G-1159B aircraft and that it was an 

"overlook" in quotes on its part. 

As a result of these violations, 

the FAA will submit evidence that its sanction 

in the total amount of $40,700 dollars is 

warranted by the facts of this case and will 

ask that the Administrative Law Judge take 

judicial notice of FAA orders Nos. 2150.3(a) 

and 2150.3(b). Thank you. 

JUDGE GOODWIN: And just for the 

record the Court normally takes judicial 

notice pursuant to the relevant understood 

principle of judicial notice. Mr. Moore likes 

to file a motion asking to take judicial 

notice of the sanction tables but because 

they're a matter of public record I always 

take judicial notice of it whether they're 

submitted or not and the Court refers to the 

sanction guidance in effect at the time of the 

incident. 

MR. ADOLPH: I have copies at this 

time, your Honor, if you want me to submit 

(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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them. 

JUDGE GOODWIN: That's fine too. 

MR. ADOLPH: Okay. 

JUDGE GOODWIN: Whatever your 

pleasure. 

MR. ADOLPH: Maybe I'll submit 

them at the end of my case-in-chief please. 

JUDGE GOODWIN: Pardon me? 

MR. ADOLPH: Would it be better if 

I submitted them at the end of my case-inchief? 

JUDGE GOODWIN: It's up to you, 

it's your case. 

MR. ADOLPH: I would prefer to 

submit them last. 

JUDGE GOODWIN: All right. Call 

your first witness. 

MR. ADOLPH: Mr. Shearrill, 

Inspector Shearrill. 

DIRECT EXAMINATION 

BY MR. ADOLPH: 

Q Good morning. 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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A Good morning 

Q Where are you employed? 

A I'm employed with the Federal 

Aviation Administration at the Van Nuys Flight 

Standards district office. 

Q What is your job there? 

A I'm an airworthiness safety 

inspector and a principal maintenance 

inspector. 

Q What are your job duties as a 

principal maintenance inspector? 

A My job duty is to have oversight 

over -- we do repair maintenance at 

certificate repair stations, air carriers, 

overhaul facilities and things of that nature. 

Q And how long have you worked at 

the Van Nuys Flight Standards district office? 

A Since October of 2001. 

Q Have you been an aviation safety 

inspector the entire time there? 

A Yes. 

Q Do you have any previous aviation 

(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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related experience? 

A Yes. I have approximately 3 6 

years of jet aircraft maintenance experience. 

Q Does any of that experience entail 

having done any work or inspecting Gulfstream 

aircraft? 

A Yes. I've performed inspections 

and work on the model G-1159 and the G-4 

aircraft 

Returning to your work as an FAA 

inspector, do your duties include 

investigating Part 145 violations? 

A Yes. 

Q Do you know what Part 145 covers? 

A Yes. 

Q Have you received any specialized 

training regarding Part 145 repair stations? 

A Yes. I've had formal training at 

the FAA academy in Oklahoma City. I've also 

had on-the-job training with a senior 

inspector prior to becoming a principal. 

Q And was at the academy? 

(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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A It was at the academy and at the 

Flight Standards district office both. 

Q You testified you had previous 

aviation-related experience before that. 

A Yes. 

Q Returning to that, can you go into 

some detail as to that previous aviation 

experience? 

A Yes I was in the United States 

Air Force as an aircraft maintenance 

specialist on KC-135s and ESR-71 aircraft. 

After that I worked for Lockheed Aircraft 

Corporation on the LlOlls and the Stealth 

fighters and I worked for a company in Mojave 

doing R&D on various types of turbine-powered 

aircraft, Lears, Gulfstreams, Falcon jets, a 

variety of aircraft. 

Then I became a director of 

maintenance for 135 organization for ten years 

there. I was a chief inspector for another 

organization for over ten years for a repair 

station and then I came to the FAA. 

(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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MR. ADOLPH Your Honor, the 

complainant would like to tender Inspector 

Shearrill as an expert in repair stations. 

JUDGE GOODWIN: Okay. No 

objection. The Court will accept him as an 

expert. 

MR. ADOLPH: Thank you. 

BY MR. ADOLPH: 

Q Inspector Shearrill, I'd like to 

move on to your interactions with Intertech 

Overload. Have you ever been assigned to 

Intertech Overload as an inspector? 

A 

Q 

A 

Yes 

When? 

At its initial certification, 

Q Do you remember what year? 

A Not offhand, sir. 

Q You said you were involved in the 

original certification? 

A Yes 

What does that entail? An 

original certification? 

(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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A That entails receiving the 

application, the PASI of notes, the receiving 

and reviewing and approving their manuals, 

both quality control, training manuals, RSM, 

reviewing their facility, ensuring that the 

personnel that they have are qualified to 

perform their functions that they have. 

We review all of the 

documentation, the ratings that they have, to 

see if they can provide a safe environment 

and maintenance for the aircraft. 

Q When you say ratings that they 

have, what do those ratings pertain to? 

A The ratings pertain to the make, 

model and series of a particular type of 

aircraft that they request. 

MR, ADOLPH: Your Honor, 

permission to approach the witness. 

JUDGE GOODWIN: Sure. 

MR. ADOLPH: I' m handing Inspector 

Shearrill a four-page document I've marked for 

identification purposes as C-1. Inspector 

(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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Shearrill, do you recognize what I've just 

handed you as Exhibit C-1? 

THE WITNESS: Yes. 

BY MR. ADOLPH: 

Q What is this? 

A This is an application for initial 

certification for a repair station. 

O And what's the date on that 

document? 

9/18/2003 

Q September 18, 2003. Is your 

signature located on page 2? 

A Yes, it is. 

Q In what capacity did you sign? 

A I signed as the trainee to the 

PMI, as assisting him in the certification of 

this repair station. 

Q Now previously you've testified as 

to the initial certification of this repair 

station? 

A Yes. 

Q Is this paperwork tha t would have 

(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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been involved in that initial certification? 

A Yes, definitely 

MR. ADOLPH: Your Honor, I move 

for admission of this. The document is Exhibit 

C-1 

JUDGE GOODWIN C-1 for 

identification is received into evidence as 

Agency 1. 

MR. ADOLPH: Thank you. 

BY MR. ADOLPH: 

Q Inspector Shearrill, so Intertech 

Overload submitted this to the FSDO is that 

correct 

Yes 

Q And when I say FSDO that's the 

Flight Standard District Office. 

A Yes. 

Q Did you do anything as a result of 

these records after they were submitted? 

A Yes. We processed the paperwork, 

the repair station' s request for certification 

in accordance with the guidance at that time. 

(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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received this and other documentation as we 

see on here that they've asked for a limited 

air frame rating. 

Q And how do you know that? 

A By block 3 of this application. 

Q Block 3? 

A Yes. 

Q Where the marked limited and cross 

airframe. Do you see the last two pages 

attached to this document, Inspector? 

A Yes. 

Q What are these? 

A These are amendments to the repair 

station request for what limitations they 

would like to have that they're requesting for 

their repair station. 

Q Moving back to limited airframe. 

What does limited airframe mean? 

A It means that it's limited to 

those aircraft listed on their operations 

specifications. 

Q Okay. Now what ratings, if any. 

(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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were applied for and approved at the time of 

this document regarding the Gulfstream 

aircraft? 

A The Gulfstream aircraft? 

Q Yes. Or excuse me the Gulfstream 

aerospace. 

A Gulfstream G-1159, G-1159A and G9 

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Q Inspector Shearrill do you see the 

word "series" listed anywhere under the 

aircraft listings? 

A Yes. 

Q What does the word series denote? 

A It denotes any aircraft under that 

make series, whether it be an A-3 or 4, any 

variations to that basic make and model of 

aircraft. They make variations. If I may 

just-- where it says 24, 25, 35, these are the 

things that he asked for. We could have just 

given him 24, 20 series, 30 series, 50 series 

but he did not ask for that. He asked for 

these specifically and with that verbiage. 

(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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JUDGE GOODWIN: So again on page 

3 or 4 where you've talked about he's asking 

for the 1000 series. 

THE WITNESS: Yes. 

JUDGE GOODWIN: So it only 

pertains to the 1000 but not the 800 and the 

700? 

THE WITNESS: Well, I take that 

back sir. I stand corrected. It covers all of 

the series, the 400 series, 600 series, 700, 

800. 

JUDGE GOODWIN: Okay. 

THE WITNESS: So it will cover an 

800A, an 800B, a 700A. 

JUDGE GOODWIN: Okay. But then on 

the next line is Beechcraft 400/400A. 

THE WITNESS: Correct. 

JUDGE GOODWIN: If there were 2 00 

or 300 he couldn't do it presumably? 

THE WITNESS: Correct. Yes sir. 

JUDGE GOODWIN: Okay. 

BY MR. ADOLPH: 

(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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Q Inspector, are you aware whether a 

series would apply to a Gulfstream G-1159 

series? 

A Just variations to the basic 1159. 

Q Turning your attention to this 

page of this exhibit, do you see handwritten 

notes on this page? 

A Yes 

Q Whose handwriting is that? 

A Those are mine 

And what was this document, why 

was it written on? 

A This was one of his initial 

requests for aircraft. 

Q And why did you write need change? 

Do you remember? 

A Okay. For instance under Raytheon 

he asked for a Hawker 3 00. There's no such 

animal. 

Q Okay. 

A And that's I have need change. 

Q What does the words okay denote? 

(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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A That means that those were okay. 

I found those were type certificated aircraft. 

Q And drawing your attention to 

Gulfstream Aerospace you wrote okay next to 

the makes there? 

A Yes 

Q Do you recall if the G-1159B 

aircraft was applied for and approved on this 

document? 

A No. 

Q In your experience as a principal 

maintenance inspector doesn' t a repair station 

have to apply and be approved to perform 

maintenance on an aircraft? 

A Yes. 

Q Why? 

A It's required by regulation and 

also for them to be approved we have to ensure 

that they meet the minimum requirements of 

being trained, authorized and qualified to 

perform the maintenance functions in a safe 

manner. 

(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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today? 

A 

Are you familiar why we're here 

Yes 

Q Why? 

A I understand that the principal 

maintenance inspector for Intertech Overload 

discovered that they did not hold the rating 

that they were signing the aircraft off, the 

type of aircraft that they were signing off, 

they did not hold the rating. 

Q And that would be the G-1159B? 

A Yes. 

Q Are you aware of how this case 

came to be? 

A Yes 

How? 

A Prior to finding out about they 

didn't hold the rating, I was assisting 

another inspector performing an RVSM check on 

this particular aircraft, 477 Gulf Gulf, and 

we were outside the aircraft and I looked up 

and saw the pilot's side window and I could 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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tell just by looking at it that the window was 

out of limits. 

Q 

of limits? 

And what does that mean to be out 

A That means the window had degraded 

to the point where it was in an unsafe 

condition for operation. 

Q Did you do anything as a result? 

A Yes, I did. 

Q What did you do? 

A I got Mr. Cambe, Mr. Dean Cambe, 

out to the aircraft to look at it and he 

instructed me that the window was safe. It met 

the requirement. And I asked me to show me in 

the manual. We referred to his tech library, 

we looked at it and it was out of limits. 

Q Who's Mr. Dean Cambe? 

A 

Overload 

He was the owner of Intertech 

Did you go back to the office 

after that interaction? 

A Yes, I did, 

(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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Q Did you do anything as a result of 

your interaction? 

A Yes, I did. 

enforcement. 

I opened an 

Q What does that mean? 

A That the aircraft--

Q What does opened an enforcement 

mean? 

A I started the process of sending 

him a letter of investigation as a fact 

finding to find out why is it that they signed 

off the aircraft saying it was airworthy and 

it was not. It was a direct violation of the 

14 CFR and I quoted that. I don't remember 

exactly what the code is right now but I sent 

him an LOI letting him know that he was under 

investigation for signing off the window. 

Q You had mentioned earlier you were 

not the principal maintenance inspector to 

Intertech at the time correct? 

A No, I was not. 

Q Who was? 

(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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A Mr. Arvie McGinnis. 

Q Did you speak to him about 

anything your observation that day? 

Q 

No sir 

You didn't? 

A Not that day. 

Q The next day or subsequently? 

A Subsequently, yes. Mr. McGinnis 

was out on military leave. 

Q He came back and you spoke to him? 

A Yes. I advised him of the findings 

that I had at Intertech Overload. 

Q Okay. Are you familiar with the 

words Operation Specifications? 

A Yes 

Q What are they? 

A They're the contract that an 

operator has between the government and the 

certificate holder. 

Q Generally, what is listed on 

Operation Specifications? 

A Normally, limitations. What he's 

(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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authorized to do with limitations. He's 

authorized to do a certain function with these 

limitations and in accordance with this 

guidance. 

Q As it pertains to aircraft in a 

repair station? 

A Yes. Yes, as it retains to 

aircraft repair stations. It can be engine 

and airframe and accessory. 

MR ADOLPH: Your Honor, 

permission to approach? 

JUDGE GOODWIN: Sure. 

MR. ADOLPH: I'm going to hand the 

witness a document that's been marked for 

identification purposes as C-2. Inspector, do 

you need a moment to review this? 

THE WITNESS: Yes. 

BY MR. ADOLPH: 

inspector? 

A 

Do you recogniz e this document 

Yes 

Q What is it ? 

(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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A The operating limitations for an 

air agency named Intertech Overloading. 

Q Operating limitations? 

A Yes. 

Q Is that the same as operation 

specifications? 

A Yes. 

Q Okay. Have you seen this document 

before today? 

A This particular document? 

Q Yes. 

A No. 

Q Have you seen operation 

specifications for Intertech Overload before 

today? 

A Yes 

Q Referring you to page 2 of this 

document, inspector, do you see the words 

"class ratings"? 

A Yes. 

A 

What does that mean? 

Class ratings it encompasses a 

(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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class of aircraft, whether it's what they 

consider all metal 12-5 and over or all metal 

12-5 and under, if composite aircraft, small 

or large, it would encompass a group of 

aircraft. For instance, a Cessna, a class four 

12-5 and over would cover everything from say 

a Cessna to a 747. 

Q So it's not dependent on the 

manufacturer? 

A Correct. It is not 

Q Referring to where it says 

"Limited rating", do you see that there? 

A Yes. 

Q What does limited ratings/ratings 

airframe mean? 

A It means it's limited to those 

airframes listed below. 

Q Is that dependent on the 

manufacturer of the aircraft? 

A Yes, it is. 

MR. ADOLPH: Your Honor, I move 

for admission of this document as Exhibit C-2 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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please. 

JUDGE GOODWIN: Complainant's 2 

for identification is received as 

Complainant's Exhibit 2. 

MR. ADOLPH: Thank you. 

BY MR. ADOLPH: 

Q Inspector, drawing your attention 

to the same page, for the record page A003-1, 

referring you to manufacturer, where it says 

Gulfstream Aerospace Corporation at the 

bottom. 

A Yes. 

Q What make and models of aircraft 

do you see listed there? 

A G-1159, G-1159A and G-4. 

Q Are all of these aircraft in the 

same series? 

A No. 

Q How do you know? 

A Because of the type of certificate 

data sheet 

MR. ADOLPH: Okay . I'l l ge t t o 

(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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the type certificate data sheet in a second. 

Actually, I'll get to it now. Your Honor, 

permission to approach? 

JUDGE GOODWIN: Sure. Let's go 

back to class ratings to make sure I 

understand. Explain to me an example of a 

class rating. 

THE WITNESS: Okay. A class 

rating encompasses several makes and models in 

a weight class whether it's all metal small or 

all metal large. Then they have class ratings 

for all composites small, all composite large. 

So it encompasses various makes and models. 

JUDGE GOODWIN: Okay. So what 

differentiates large and small? 

THE WITNESS: The weight. 

JUDGE GOODWIN: The weight of the 

aircraft or its capacity? 

THE WITNESS: The weight of the 

aircraft; 12,500 pounds or smaller or 12,500 

pounds or greater. 

JUDGE GOODWIN: Okay. So if you 

(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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were clearance rated regardless of weight you 

could essentially work on anything from an 

Cessna to a 47-800? 

THE WITNESS: Yes. 

JUDGE GOODWIN: It has nothing to 

do with the case, have you seen the new 800 

series 747s? 

class 4 

THE WITNESS: Yes, that would be a 

JUDGE GOODWIN: Yes, it flew over 

Fresno a couple of weeks ago, they were test 

flying the 87 and the 47 over Fresno. And 

you have seen the 47, this one was not. This 

really took me aback. I actually had to do a 

double take on the aircraft. I couldn't 

believe a 747, it didn't rattle the windows on 

the house. Anyway that's our sidebar. 

MR. ADOLPH: Your Honor, actually 

before I approach may I have a few questions 

as well. 

JUDGE GOODWIN: Sure. 

BY MR. ADOLPH: 

(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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Q Inspector, do you have the date of 

this operation specifications? 

A This date? 

Q Yes. It's at the bottom left hand 

corner. 

A 5/14/2007 

Q Are you aware whether this 

document would have been in effect at the time 

of the violations charged here in this case? 

A Yes, it would have been in effect. 

Q Okay. 

JUDGE GOODWIN: Let me ask you, 

that's the print date. I assume the print date 

means, is that the date this document went 

into effect or is that the date these pages 

were printed? 

THE WITNESS: It's the date that 

the page was printed inside. 

JUDGE GOODWIN: Okay. So on the 

second page there's a signature. 

THE WITNESS: Right. 

JUDGE GOODWIN: So it would have 

(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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been printed and signed on the second page on 

May 14, '07? 

THE WITNESS: Yes, which would be 

all consistent. 

BY MR. ADOLPH: 

Q Can you turn to page A003-6? 

A Yes. 

Q So this is the date that Mr. Dean 

Cambe signed? Appears to have signed. 

A Yes 

MR. ADOLPH: Permission to 

approach your Honor? 

JUDGE GOODWIN: Yes. 

MR. ADOLPH: I'm handing you a 

document marked for identification purposes as 

C-3. Do you need a moment to review this 

inspector? 

THE WITNESS: No 

BY MR. ADOLPH; 

A 

Q 

Do you recognize this document? 

Yes 

What i s it ? 

(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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A Type certificate data sheet for 

Gulfstream. 

A 

Which Gulfstream? 

Various series of Gulfstreams 

G-1159A, G-1159 G-1159B, G-4, G-5, G-450 and 

G-550 

How do you know that? 

A By reading the list down the right 

side. Under the type certificate there's an 

Alpha 12 Echo Alpha. 

Q On the first page correct? 

A Yes sir. 

Q Before I thought you had testified 

that the G-1159, G01159A and the G-4 were not 

in the same series? 

A They're different series. 

Q But here they're all listed under 

the same series? 

A No, they're listed under the same 

manufacturer 

Q Okay. Drawing your attention 

sorry, one moment your Honor. Drawing your 

(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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attention to page 14 of this document, and 

your Honor, for the ease of the Court I 

actually printed the first page and the 14th 

page on the top of this entire document. That 

would be the whole type certificate data 

sheet. 

JUDGE GOODWIN: Okay. I'm going to 

review that. Go ahead. 

MR. ADOLPH: Thank you. Referring 

to page 14, inspector, at the top where Roman 

numeral IV is located. 

THE WITNESS: Yes. 

MR. ADOLPH What does this 

paragraph mean if anything? 

THE WITNESS: It means that a G-2B 

is the same as a G-2 with the following 

differences. 

MR. ADOLPH: And I'm sorry, when 

you say G-2, what is a G-2? 

THE WITNESS: That's the basic 

Gulfstream. 

MR. ADOLPH: Is that the G-1159? 

(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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THE WITNESS: Yes 

BY MR. ADOLPH: 

Q Okay, 

A It's identifying wing span, core, 

winglets, fuselage, increased gross weight, 

fuel quantity, auto pilot avionics in the 

cockpit and it is also stating that you can 

modify an 1159 to be an 1159B also. 

Q So there are differences between 

the G-1159 and the G-1159B? 

A Absolutely. 

Q And they're listed here on the 

type certificate data sheet? 

A Yes. 

Q Do these differences have any 

impact on the maintenance of the aircraft? 

A Absolutely. 

Q How so? 

A The inspection criteria would be 

different. Non-destructive testing for the 

wing attached fittings would have to be called 

out, increased gross weight, there would be a 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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flight manual supplement. It's closer to a 

different type of aircraft. It's got a 

different type of landing gear on it. There 

are a lot of variations to it. 

Q Based on this paragraph would it 

make a difference then if a repair station 

were to list a G-1159 aircraft or a G-1159B 

aircraft on its operation specifications? 

A Yes. They would have to list it 

separately. 

Q Because of these differences? 

Q 

Yes 

Do these differences also have an 

impact the operation of the aircraft? 

A Yes, definitely. 

Q How so? 

A The increased -- note C right 

there -- maximum takeoff weight that's going 

to have to deal with the operation of the 

aircraft. His flight is different, his 

approach speed are going to be different, fuel 

loading is going to be different. Avionics. 

(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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How he handles, you know, there's a lot of 

variations in there. 

Q Inspector, would the G-1159 

authorization listing cover all G-1159A and B 

aircraft? 

A No 

Q And why not? 

A Because of the differences in the 

aircraft, the flight manual is the big one. 

The flight manual and the inspection criteria 

to maintain the aircraft. 

MR. ADOLPH: Your Honor, I move 

for admission of this document as Exhibit C-3 

please. 

JUDGE GOODWIN: Complainant's C-3 

for identification is received into evidence 

as Complainant's C-3. 

MR. ADOLPH: Thank you. Your 

Honor, permission to approach? 

JUDGE GOODWIN: Yes. 

MR. ADOLPH: Thank you. I'm 

marking a three page document for 

(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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identification purposes as C-4. Did I say 4? 

I meant 3. 

JUDGE GOODWIN: It makes 4 We 

just did 3 

MR. ADOLPH: Oh, I meant this is 

a 3-page document marked for identification 

purposes as C-4 please. Do you need a moment 

to review this document inspector? 

THE WITNESS: No. 

BY MR. ADOLPH: 

Q And do you recognize this 

document? 

A Yes. 

Q What is it? 

A This is a publication Gulfstream, 

the manufacturer, puts out for their manuals 

to show which manuals are applicable to which 

aircraft and what the revision status os those 

manuals are 

What does it show as it pertains 

to the Gulfstream manufacturer? 

I don't understand the question. 

(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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Q I'm sorry. It refers to the 

Gulfstream manufacturer correct? 

A Yes 

Q Does this document indicate any 

difference between the G-1159 and the G-1159B 

aircraft? 

Yes, it does 

Q How do you know? 

A By the Rev number. Revision and 

Volume number of the manuals. 

3? 

Q And you're looking at page 2 and 

A Page 2 and 3. 

Q And what's the date of this 

document? 

A January 27, 2 011. 

Q So Gulfstream itself makes a 

distinction between the G-1159 and the G-1159? 

A Yes. 

MR. ADOLPH: Your Honor, I move 

for admission of this document as Exhibit c-4 

please 

(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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JUDGE GOODWIN: Complainant's 4 

for identification is received in evidence and 

admitted as complainant's 4. 

MR. ADOLPH: Thank you. 

BY MR. ADOLPH: 

Q Inspector, for a repair station to 

add another aircraft to its operation 

specifications, what process would it have to 

undertake if any? 

A An application. 

Q Are you familiar why the FAA 

requires such an application? 

A It's part of the process that we 

use to ensure that the applicant meets the 

requirement to hold such a rating. 

Q Do you have an opinion as to 

whether the failure of a repair station to 

list an aircraft on its operation 

specifications impact safety? 

A 

A 

Yes 

How so? 

If the repair station does not 

(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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hold the proper rating for the work that 

they're performing they jeopardize the safety 

of the aircraft by not properly maintaining 

the documentation, not inspecting the critical 

areas, they might not know what inspections 

are due. They probably don't have the trained 

and qualified personnel to do it and the 

bottom line is when they return the aircraft 

to service they say it's in a safe condition 

which it will not be. 

Q And as part of your job duties as 

an inspector do you review paperwork for 

repair stations? 

A Yes, we do. 

Q Do you review whether a repair 

station has a specific rating? 

A Yes, we do. 

Q So if a repair station performed 

work on an aircraft for which it did not have 

a rating, that could impact your inspection as 

well? 

A Yes. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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Q Are you aware of what type of 

business Intertech Overlaid is involved in? 

A Yes. Repair station, maintenance 

of aircraft. 

Q Is it commercial? 

Yes 

Q After your inspection back in 2007 

when you referenced the window, did you ever 

speak with Dean Cambe? 

A No. After I had finished my 

enforcement with the window I hadn't spoken 

with him. 

Q Were you aware of whether he ever 

accused you of anything after that inspection? 

A Yes. 

Q What was it? 

A I saw him in the office maybe two 

or three months ago and I asked one of the 

supervisors why was he there and he said well 

he'd had a complaint about myself, that I was 

after him. 

Q Is that true? 

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A No. 

Q Do you have an opinion as to Mr. 

Cambe's attitude as owner of a repair station 

regarding compliance with the Federal Aviation 

regulations? 

JUDGE GOODWIN: What is that role? 

MR. ADOLPH: I'm sorry? 

JUDGE GOODWIN: What is that 

role? 

MR. ADOLPH: It goes to 

distinction, your Honor, attitude of the 

violator. 

JUDGE GOODWIN: Either he violated 

the regs or he didn't. 

MR. ADOLPH: I have nothing 

further, your Honor. 

JUDGE GOODWIN: Okay. Call your 

next witness. No further--

MR. ADOLPH: Nothing further for 

this witness. 

JUDGE GOODWIN: You can step down. 

I'm going to instruct you not to discuss your 

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testimony with anybody prior to the conclusion 

here. 

THE WITNESS: Yes, your Honor. Do 

I leave these here? 

JUDGE GOODWIN: You can step down. 

(WITNESS EXCUSED) 

MR. ADOLPH: And your Honor, just 

a preliminary matter. 

JUDGE GOODWIN: Well it's not 

actually preliminary. 

MR. ADOLPH: I'm sorry, procedural 

matter. The complainant's complaint is 

misnumbered, page number wise. The first page 

of the complaint was not numbered, the second 

page is numbered 3 and then so on up until 5, 

page 5. It should be only four pages. 

JUDGE GOODWIN: Okay. Call your 

next witness. 

MR. ADOLPH: Your Honor, can I 

have brief comfort break please? 

JUDGE GOODWIN: Yes. I normally 

take a break about 10:30 so let's go off the 

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MR. ADOLPH: Thank you. 

(A BRIEF RECESS WAS TAKEN) 

JUDGE GOODWIN: 

Counsel, your pleasure 

On the record. 

MR. ADOLPH: Oh thank you. The 

FAA calls its next witness. Inspector Arvie 

McGinnis. 

JUDGE GOODWIN: Do you solemnly 

swear the testimony you give will be the 

truth, the whole truth under the penalty of 

perjury? 

THE WITNESS: I do 

JUDGE GOODWIN: Please be seated 

and state your full name and spell your first 

and last name 

THE WITNESS Arvie Grant 

McGinnis. And Arvie is A-r-v-i-e McGinnis is 

M-c-G-i-n-n-i-s. 

JUDGE GOODWIN: Counsel ? 

MR. ADOLPH: Than k you , you r 

Hono r 

(202) 234-4433 

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DIRECT EXAMINATION 

Q 

BY MR. ADOLPH 

Good morning Inspector McGinnis 

A Good morning. 

Q Where are you currently employed? 

A I am currently supervisory 

aviation safety inspector with the SkyWest 

certificate of management office in Salt Lake. 

Q And what is your job duty there? 

A I supervise the geographic unit 

that oversees the SkyWest certificate. 

Q Would that include reviewing 

SkyWest's operations specifications? 

A Absolutely. 

Q Did you work anywhere prior to the 

certificate management office? 

A Prior to transferring to SkyWest I 

was with the Van Nuys Flight Standards 

District Office. 

Q For approximately how many years? 

A From about October 2001 to May of 

2009. 

NEAL R. GROSS 

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Q Were you assigned to Intertech 

Overload as part of your job at the Van Nuys 

Flight Standards District Office? 

A I was. Somewhere approximately 

October of 2005 I believe I took over as their 

principal maintenance inspector. 

Q How long have you been employed by 

the FAA? 

A Since October 2001. 

Q And have you been an aviation 

safety inspector the entire time? 

A Yes, I have. 

Q As an FAA inspector do your job 

duties include investigating Part 145 

violations? 

A They did prior to this recent 

assignment. 

Q So at the Van Nuys Flight 

Standards District Office? 

A Yes. 

Q Have you received any training 

regarding Part 145 repair stations? 

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A Yes. I received formal training at 

the FAA Academy in Oklahoma City and also 

various classes throughout the industry. 

Q Do you have any prior aviation 

related experience to the FAA? 

A Yes, I do. I started my aviation 

experience when I was active duty Navy in 1986 

and a short time after that I started working 

part-time for a 121 air carrier in the 

maintenance arena as well. 

And after getting off active duty 

in 1990 I went to work full-time for a 121 air 

carrier and I have also worked my way from 

being a mechanic's helper to a mechanic and 

inspector, chief inspector, director of 

quality assurance at not only 121 carriers but 

also 145 repair stations chief inspectors and 

the sort until I got on board with the FAA in 

2001 

Q And as part of that prior 

experience did you work with Part 145 

regulation? 

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A Yes, I did. Both at a 145 repair 

station in the quality assurance department 

and also overseeing 145s from a subcontract as 

a 121 carrier. 

MR. ADOLPH: Thank you. Your 

Honor, in addition to Mr. Ginnis being a 

percipient witness the FAA would also like to 

tender him as an expert in repair stations 

with respect to compliance with the Federal 

Aviation regulations. 

JUDGE GOODWIN The Court will 

accept him as an expert. 

MR. ADOLPH: Thank you. 

BY MR. ADOLPH: 

Q Inspector McGinnis, I'm going to 

move on to the reason we're here today. Are 

you familiar with the case here? 

A Yes, I am. 

Q Did you ever open an investigation 

on behalf of the FAA to determine whether 

Intertech violated the federal aviation 

regulations? 

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A Yes I did. I believe it was either 

December of '07 or January of '08 time frame. 

Q And do you remember which federal 

aviation regulations? 

A 14 5.5 Alpha and 145.2 01 Bravo I 

believe. 

Q And generally you're aware of what 

those regulations cover? 

A Right. The air repair station 

cannot perform maintenance for which they are 

not rated. 

Q Thank you. Are you aware of what 

type of business Intertech is engaged in? 

A They are a commercial repair 

station doing repairs for airlines and other 

aircraft owners. 

Q They do repairs for other Part 135 

on demand carriers? 

A Yes, they do. 

Q All right. Part 121 as well do 

you know? 

A I don't think they did any 121 at 

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the time. 

Q 

A 

Part 91? 

Part 91, Part 135. 

Q And you said you opened the 

inspection around January of 2007 is that 

correct? 

2008 

MR, ADOLPH Your Honor, 

permission to approach the witness please? 

JUDGE GOODWIN: Yes. 

MR. ADOLPH: Thank you. I've 

marked a document for identification purposes 

as C-5. Do you need a moment to review this 

document inspector? 

THE WITNESS: No, I'm good. 

BY MR. ADOLPH: 

Q Do you recognize what I've handed 

you marked as C-5? 

A Yes, I do. 

A 

What is this ? 

This is th e documentation of what 

was performed by Intertec h Overload on 

(202) 234-4433 

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Gulfsteam model 1159 Bravo, registration 

number 4 77 Gulf Gulf dated January 6, 2 0 07. 

Q Does that date pertain to all the 

document s or--

A That is the first document dated 

January 6, 2 007 

Q Before we move on to the other 

documents I'll represent to the Court that 

they're almost identical save for the date and 

the work performed. What is this document? 

A This is a documentation of work 

performed by Intertech Overload and returned 

to service by their employees under the repair 

station certificate. 

Q Have you seen these documents 

before today? 

A Yes, I have 

Q How? 

A After doing a review of the work 

performed by Intertech Overload we identified 

these documents as their documentation of work 

performed. 

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Q And turning your attention to the 

first two pages, you reference the date of 

January 6, 2007. Correct? 

A Okay. Correct. 

Q And the aircraft you identified 

what make or model aircraft is this? 

A The Gulfstream 1159B. 

Q And do you see what's listed 

complied with the following CMP? 

A Yes. 

Q What does that mean? 

A That means they complied with 

these type inspections based on the 

manufacturer's CMP, I can't remember what CMP 

stands for but component maintenance plan I 

believe. 

Q And you said you've seen these 

documents -- I apologize, I'll back up for a 

minute. You said you've seen these documents 

before your testimony here today? 

A Yes. 

Q Did you see them as part of your 

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A Yes. 

Q Did you make copies of these? 

A Yes. 

Q Going back to your previous 

testimony following the CMP, this is work 

performed? 

A It is. 

Q And are you aware who signed off 

on this if anyone? 

A This original document dated 

January 6, 2007 was signed off by Syeed UlHassan who was an employee of Intertech 

Overload at that time. 

Q And is this document signed off 

under a certificate number? 

A It is signed off under the repair 

station certificate IOQR689X, 

Q And that is the certificate number 

for Intertech Overload? 

Q 

It is. 

At the time of your inspection or 

(202) 234-4433 

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the investigation, excuse me, were you aware 

whether Intertech Overload was rated to 

perform the work that it did on January 6, 

2007 under the certificate number? 

A As part of the investigation it 

was revealed that they were not rated to work 

on the 1159B. 

Q And how do you know that? 

A Based on their operation 

specifications. 

Q If I could refer you to Exhibit 

C-2. I'm referring you there. Have you seen 

this document before your testimony here 

today? 

A I have. 

Q And is this the operation 

specifications you were referring to? 

A This is 

Q Did you have this document at the 

time of your investigation back in 2007? 

A Yes, I did. 

Q Returning to document C-5 if I can 

(202) 234-4433 

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refer you to the third and fourth pages. 

A Okay. 

Q I refer you to the date. 

A January 19, 2 007. 

Q Is this for the same aircraft? 

A It is 

Q And the designator under make and 

model Gulfstream IIB? 

A Gulfstream IIB. 

Q Does that represent the G-1159B? 

A It does. 

Q And under which certificate was 

this repair work signed under? 

A This was also signed out under the 

repair station certificate. 

Q And at the time of this work order 

-- can I call this a work order? 

A Yes. 

Q Was Intertech Overlead rated to 

perform work on the G1159B? 

A They were not. 

Q Bringing your attention to pages 5 

(202) 234-4433 

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for all these work orders. 

A Okay. 

Q Basically what aircraft, which 

model and the date and whether they were 

signed off under repair station certificate 

and whether they were rated to perform the 

work on that particular model. 

A Okay. Same aircraft, same model, 

same time frame. Not rated. 

Q 

questions. 

Q 

Moving to pages 7 and 8 same 

Same answers 

Okay. Page 9 and 10, excuse me. 

pages 11 and 12? I'm sorry, looks like I made 

some copying mistakes here. Pages 13 and 14 

same questions? 

A Same answer. 

Q 15 and 16 same questions? 

A And same answers. Still not rated. 

Q 

A 

Same answers? 

Same answers 

(202) 234-4433 

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Same answers 

And 2 5 and 2 6 same questions? 

Same answer 

Q Excuse me, pages 25 through 27 the 

last three pages. Same question? 

A Yes, same answer. 

MR. ADOLPH: Your Honor, the FAA 

moves to enter this document as Exhibit C-5. 

JUDGE GOODWIN C-5 for 

identification is going to be received in 

evidence. The Court notes that several of the 

work orders were a portion of it, for example, 

pages 9 and 10 where the portion of the 

exhibit is obviously incomplete. If there 

were an objection I would not allow those 

(202) 234-4433 

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there is no respondent and there is no 

objection I will admit them but I will give 

them less weight than I will the other work 

orders where it clearly shows the entire page. 

MR. ADOLPH: Well, your Honor, for 

clarification I accidentally photocopied the 

last two pages twice. 

JUDGE GOODWIN: You're talking 

about the last two pages? 

MR. ADOLPH: Yes. They're all 

part of the same work order. I just 

accidentally must have had a printer mishap 

there. If you notice the numbers are from 74 

to 100. 

JUDGE GOODWIN: You're talking 

about what page? 

MR. ADOLPH: Page 11 is the same 

as page 9 and page 12 is the same as page--

JUDGE GOODWIN: What I'm saying is 

that it doesn't show a work order like, for 

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Or is that a continuation? 

MR. ADOLPH: Yes, it's 

continuation, your Honor. I accidentally 

photocopied the second page again without 

copying the first page. 

JUDGE GOODWIN: All right. So page 

9 is a continuation of work order 2314, 2345 

and 2365? 

MR. ADOLPH: That's correct, yes. 

JUDGE GOODWIN: Okay. Part of my 

obligation is to keep the record cleaned up. 

Pages 1 and 2 relates to work order 2278. And 

they will be stapled together. Those pages 1 

and 2. Pages 3 and 4 relate to work order 

2280, they will be stapled together. Pages 5 

and 6 relate to work order 2434 and they' 11 be 

stapled together. 

Pages 7 and 9 aren't the same work 

order, that is work order 2314 and 2345. 

MR. ADOLPH: 2 3 65 your Honor. 

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JUDGE GOODWIN: Yes, 2 314 and 2 345 

And there is a certification 

maintenance release, I'm sorry, at the bottom 

of the page. Page 1 and page 2 relate to work 

order 2278; page 3 and 4 relate to work order 

2280. Page 5 and page 6 relate to 2434. Page 

7, 8 and 9 relate to work orders 2314, 2345 

and 2365 

MR. ADOLPH And page 10, your 

Honor, I'm sorry. 

JUDGE GOODWIN: 7,8 and 9. 

MR. ADOLPH: And 10 your Honor. 

JUDGE GOODWIN: Pardon me? 

MR. ADOLPH: And 10 and page 10. 

JUDGE GOODWIN: Well, if your work 

order on the first page includes complied with 

the following --it goes 1 through 73. Page 8 

picks up at 74 and runs through 100. 

MR. ADOLPH: Oh okay, I'm sorry. 

JUDGE GOODWIN: At the bottom of 

it is maintenance release and then page 9 is 

the certification by somebody. 

(202) 234-4433 

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JUDGE GOODWIN: Well, these are 

all -- are you intending to certify as to each 

page? 

MR. ADOLPH: These were just the 

back of each page. That's what Inspector 

McGinnis stamped. 

JUDGE GOODWIN: Okay. Now I see 

what you're doing. Okay. Then page 7 is work 

order 2314, 2345 and 2365 showing compliance 

with CMP codes 1 through 73 . Page 8 is a 

certification of that page. 

MR. ADOLPH: Yes. 

JUDGE GOODWIN: Page 9 is the same 

work order with compliance of 74 through 100. 

And page 10 is a certification of that page. 

Now that work order is two pages in length 

with two certifications is that correct? 

MR. ADOLPH: Yes. 

JUDGE GOODWIN; And those four 

pages will be stapled together. Well that 

means that work order 2505 will become page 11 

(202) 234-4433 

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they will be stapled together. 

Work order 2464 is page 13, 

certification of that is page 14. 

Page 15 is work order 2524 and 

page 16 is the certification of that. Page 

17, well let's go back to page 15. Page 15 as 

I said work order 2524 showing compliance with 

CMP Nos. 1 through 18. Page 17 picks up at 

19, runs through 33, then shows compliance 

with items 1 through 8 and then there's a 

maintenance release. And then page 18 will be 

certification of page 17. Page 16 is 

certification of page 15. And these will be 

stapled together. 

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with certification being page 20. Page 21 is 

work order 2597 with certification being page 

22. Page 23 is work order 2628, page 24 is 

the certification of that page. Page 23 shows 

compliance with items 1 through 13. Page 25 

has compliance with items 4 through 23. But 

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1 as things work out I don't have the 

2 certification of that page. 

3 MR. ADOLPH: Assuming, your Honor, 

4 everything is done correctly unless -- this 

5 certification is that your signature as 

6 certifier? 

7 THE WITNESS: Yes sir, it is. 

8 JUDGE GOODWIN: Okay. So can you 

9 verify that page 25 and 26 are the items, and 

10 I'll give you the other pages, can you take a 

11 look at those and verify that those are in 

12 facts the exhibits I identified and that 

13 that's your certification? 

14 THE WITNESS: Yes sir, those are 

15 the exhibits and my certification. 

16 JUDGE GOODWIN: Okay. Now does 

17 this happen because when the printer prints 

18 out a page at a time? 

19 THE WITNESS: Yes sir, it only 

2 0 covers the front and not both sides. 

21 JUDGE GOODWIN: Okay. Well that 

22 means the entire exhibit is 26 pages long so 

(202) 234-4433 

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with those corrections complainant's 5 for 

identification will be received in evidence as 

complainant's 5. 

MR. ADOLPH: Thank you. 

BY MR. ADOLPH: 

Q Inspector McGinnis, did you do 

anything as a result of your review of these 

records, these work orders? 

A Yes, I did. I opened up what's 

called an enforcement investigation report 

where I sent a letter of investigation to them 

and let them know that this was under 

investigation for non-compliance with the 

regulations. 

Q And why did you open up an 

enforcement investigation? 

A Because we determined that they 

were not rated, they did not have on their 

operation specifications the make and model 

11, Gulfstream 1159B. They were not rated to 

work on that aircraft. 

MR. ADOLPH: Thank you. Your 

(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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Honor, I move for admission of this document 

as Exhibit C-5. 

JUDGE GOODWIN: We've already 

admitted it. 

MR. ADOLPH: Sorry. Did you ever 

receive any written statements from Intertech 

Overload regarding your investigation? 

THE WITNESS: Yes, I believe I 

did. 

MR, ADOLPH Your Honor, 

permission to approach? 

JUDGE GOODWIN: Yes, 

MR. ADOLPH: I have a one page 

document marked for identification purposes as 

C-6. Do you need a moment to review this 

inspector? 

THE WITNESS: No, I'm familiar 

with it. 

BY MR. ADOLPH: 

Q What is this document? 

A This is a letter from the quality 

manager of Intertech Overload, Mr. Shane Hunt, 

(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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in regard to our letter of investigation and 

in his admission their overlook with respect 

to the absence of the rating to perform 

maintenance on all 1159B aircraft. 

And this letter was sent to you? 

A 

A 

It was 

Do you remember receiving it? 

I do 

Q And this is after you sent what 

you referenced as a letter of investigation? 

A It is. 

MR. ADOLPH: Your Honor, I move 

for admission of the document marked as C-6. 

JUDGE GOODWIN: Complainant's 6 

for identification is received in evidence as 

complainant 6 . 

MR. ADOLPH: Thank you. 

BY MR. ADOLPH: 

Q After this investigation were you 

involved with any other matters with Intertech 

Overload aside from this investigation? 

A Yes. On a day-to-day operation 

(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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with the repair station, we interacted with 

them quite frequently. 

Q And that's because you were 

assigned to them as the principal maintenance 

inspector? 

A That's correct. 

Q Are you aware of whether Intertech 

Overlead ever applied to add the G1159B to its 

ratings? 

A They did apply. 

MR, ADOLPH: Permission to 

approach, your Honor 

JUDGE GOODWIN: Yes. 

MR. ADOLPH: I have a two-page 

document marked for identification purposes as 

C-7. Have you reviewed this document 

inspector? 

Q 

A 

Q 

THE WITNESS: I have. 

BY MR. ADOLPH: 

Do you recognize this document? 

I do. 

What is it ? 

(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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A It is an application for a repair 

station certificate of rating. They are 

requesting to add a Lear 40 series, the Lear 

45 series and the Gulfstream 1159B to their 

ratings. 

Q And are you aware of when the FAA 

received this document? 

A November 29, 2 0 07. 

Q And having reviewed the work 

orders just now, the dates of the repair work 

previously done, did that occur before or 

after the submission of this application? 

A The work was done prior to the 

submission of this application. 

MR. ADOLPH: Your Honor, I move to 

admit document C-7 into evidence please. 

JUDGE GOODWIN: Complainant's 7 

for identification is received in evidence as 

complainant 7. 

MR. ADOLPH: Thank you. 

BY MR. ADOLPH: 

Q Inspector, do you have an opinion 

(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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as to whether it is important for a repair 

station to only work on aircraft listed in its 

operation specifications? 

A I do. 

Q What is that opinion? 

A Each repair station must go 

through a series of steps in order to become 

certificated with the FAA in order to be given 

the authorization to repair certain items that 

they request and certain items that they have 

validated and demonstrated the ability to 

repair and the FAF has felt confident that 

they have the ability to repair and have 

subsequently given them the authorizations on 

their operation specifications. 

If a repair station goes through 

and works on items that they're not 

certificated, they're not listed on their 

operation specifications to repair, then 

there's no trust so to speak or no comfort 

that the flying public can be assured that 

they're not at risk. 

(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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If they're doing work outside of 

what their limitations are then the flying 

public is at a greater risk of being injured 

and unfortunately sometimes catastrophically 

have accidents occur in those type of 

scenarios. 

So in my opinion if a repair 

station is performing maintenance to which 

they are not rated, they are giving the flying 

public a greater risk of injury or ultimately 

death. 

Q And Inspector you said you were 

assigned to Intertech Overload for 

approximately 2001 through 2007, 2007, excuse 

me, 2 0 0 9. 

A Somewhere in that time period. I 

became their principal in 2005 and I believe 

I was also their assistant principal prior to 

that. And then worked up until 2009, that's 

correct. 

Q Did you ever form an opinion as to 

Intertech Overload's compliance disposition as 

(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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it relates to the Federal Aviation 

regulations? 

A Let's just say they struggled with 

compliance. Almost all of our inspections 

revealed discrepancies, not always to the 

point where it required enforcement but to the 

point where they needed a lot of assistance. 

Q Would it have made a difference if 

Intertech Overload had added the word "series" 

on their operation specifications? 

A Yes, it would have. 

Q Under Gulfstream? 

A Yes, it would have. 

Q And why so? 

A Because at the initial 

certification stage then we would have asked 

them to demonstrate their ability to perform 

the work on all the different types of series 

within the Gulfstream 1159. And we would have 

verified that they have the materials, they 

have the facility, they have the personnel, 

the training and all the equipment necessary 

(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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in order to perform the maintenance on that 

type as well as all the other types of 

aircraft in that series. 

MR. ADOLPH: Your Honor, I have 

no further questions for this witness at this 

time. 

JUDGE GOODWIN: Okay. You can 

step down. I admonish you not to discuss your 

testimony with any other party. 

THE WITNESS: Yes sir. 

(WITNESS EXCUSED) 

MR. ADOLPH: Your Honor, is it a 

good time now to ask for judicial notice of 

the sanction tables? 

JUDGE GOODWIN: Sure. 

MR. ADOLPH: Given that this case 

covers both the time periods for FAA orders 

Nos. 2150.3A and 3B I have both. I'll mark 

2150.3A as C-8. 

JUDGE GOODWIN: Yes. 

MR. ADOLPH: And 2150.3B as C-9. 

JUDGE GOODWIN: Okay. The Court 

(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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will take judicial notice of 2150. 3A which is 

dated December 14, 1998 and 2150.3B which 

became effective October 1, 2007. 

MR. ADOLPH: Thank you. 

JUDGE GOODWIN: Anything else 

counsel? 

MR. ADOLPH: No, your Honor. 

JUDGE GOODWIN: 

conclude your case? 

MR. ADOLPH: 

So does that 

I'm sorry, your 

Honor? 

JUDGE GOODWIN: Does that conclude 

the FAA's case? 

MR. ADOLPH: Would you like a 

closing? 

JUDGE GOODWIN: I don't see any 

reason to brief unless you want to. 

MR. ADOLPH: No. 

JUDGE GOODWIN: All right. So 

you're going to submit on the record? 

MR. ADOLPH: Yes, your Honor. 

Thank you. 

(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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JUDGE GOODWIN: That'll conclude 

the hearing. The Court will issue its opinion 

in due course. And we'll go off the record. 

(Whereupon, the hearing in the 

above-entitled matter having been concluded 

went off the record at 11:14 a.m.) 

(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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aback 36:14 

ability 76:11,13 

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above-entitled 1:16 

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absence 73:3 

Absolutely 41:11 

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academy 16:19,22 

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accept 18:5 55:12 

accessory 31:9 

accidentally 65:8 

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accidents 77:5 

accused 48:14 

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active 54:7,11 

add 12:10,13 46:7 

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added 78:9 

addition 55:6 

address 9:3 

addresses 8:21 

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admission 21:4 

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admit65:4 75:16 

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admitting 8:18 

admonish 79:8 

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202-234-4433 
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CERTIFICAT E 

This is to certify that the foregoing transcript 

In the matter of: Intertech Overload 

Before: DOT/FA A 

Date: 03-07-11 

Place: Washington, DC 

was duly recorded and accurately transcribed under 

my direction; further, that said transcript is a 

true and accurate record of the proceedings. 

Court Reporter 

(202)234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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