07/22/2010 15:47 FAX 2024935142 FAA •s- DMS @|001/028 

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BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION ••']). 2 2 2010 

TTze Honorable Chief Administrative Law Judge Ronnie A. Yoder; _. 

:^i DOCi 

In the matter of 

BRENDAN AIRWAYS, LLC, 

d/b/aUSA3000 Airlines 

Respondent 

DMS No.: FAA-2009-0032 

FAA Docket No.: CP09EA0007 

FAA Case No.: 2008EAI70038 

RESPONDENT'S FIRST SET OF 

INTERROGATORIES, REQUESTS 

FOR PRODUCTION OF 

DOCUMENTS, AND REQUESTS 

FORAD^fISS^0NS 

TO: Federal Aviation Administration; 

AND TO: David M. Cohen, Attorney 

Federal Aviation Administration 

Office of the Regional Counsel, EAL-7 

1 Aviation Plaza 

Jamaica, NY 11434 

Tel: (718) 553-3270 

Fax (718) 995-5699 

Pursuant to 49 C.F.R. § 821.19(b), Brendan Airways d/b/a USA3000 Airlines 

("USA3000") requests that the Federal Aviation Administration ("FAA") within thirty 

(30) days after the service of this request, deliver the documents requested to the 

Respondent's Counsel, Jason Dickstein, 2233 Wisconsin Avenue, NW, Suite #503 

Washington, DC 20007. 

O 

DEFINITIONS AND INSTRUCTIONS 

A. Definitions. The following definitions apply to all discovery requests: 

1. Communication, The term "communication" means the transmittal 

of information (in the form of facts, ideas, inquu-ies, or otherwise). 

2. Document. The term "document" is defined to be synonymous in 

meaning and equal in scope to the usage of the term in Federal Rule of Civil 

Procedure 34(a). fhc term "document" also includes audio and video recordings 

RESPONDENT USA 3000 

FIRST DISCOVERY REQ. 

Pagel 

Washington Aviation Group, PC sind ihe 

Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 • Tel: 202-628-6776 
07/22/2010 15:48 FAX 2024935142 FAA * DMS 12002/028 

and film. A dial'l or non-identical copy is a separate document within the 

meaning of this term, 

3. Identify (With Respect to Persons). When referring to a person, 

"to identify" means to give, to the extent known, the person's full name, present 

or last known address, and when referring to a natural person, additionally, the 

present or last known place of employment. Once a person has been identified in 

accordance with this subparagraph, only the name of that person need be listed in 

response to subsequent discovery requesting identification of that person. 

4. Identify (With Respect to Documents). When referring to 

documents, "to identify" means to give, to the extent known, information relating 

to the: (i) type of document; (ii) general subject matter; (iii) date of the document; 

(iv) author(s), addresses and recipient(s). 

5. Parties. The terms "plaintiff and "defendant" as well as a party's 

full or abbreviated name or pronoun referring to a party mean the party and its 

officers, directors, employees, parmers, corporate parents or predecessors, 

subsidiaries or affiliates, and any person or company assisting by agreement or 

otherwise in the prosecution of this lawsuit. 

6. Person. The term "person" is defined as any natural person or any 

business, legal or governmental entity or association. 

7. Concerning. The term "concerning" means relating to, referring 

to, describing, evidencing, or constituting. 

8. "The Complaint" means the complaint filed against the Respondent in the 

above-captioned case. 

9. The phrase "the aircraft" means the Airbus A320 aircraft, with U.S. 

registry number N265AV as described in the allegation 3 of section II of the 

Complaint in this case. 

10. The term "the flight" means the operation of the aircraft that occurred on 

or about May 17,2008 as described in allegation 3 of section II of the Complaint 

in this case. 

RESPONDENT USA 3000 Washington Aviation Group, PC and the 

FIRST DISCOVERY REQ. Law Offices of Jason A. Dickstein 

Page 2 2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 • Tel; 202-628-6776 
07/22/2010 15:48 FAX 2024935142 FAA + DMS gl003/028 

11. "AAR" means the repair station known as AAR Aircraft Services - Miami 

that bears FAA repair station certificate XE4R645M. This also includes the 

repair station as known under its prior name, Avbome Heavy Maintenance (same 

FAA repair stafion certificate number) as described in allegation 3 of section II of 

the Complaint in this ca.se. 

B. Rules of Construction. The following rules of construction apply to all 

discovery requests; 

1. All/each. The terms "all" and "each" shall be construed as all and 

each. 

2. And/Or. The terms "and" and "or" shall be construed either 

disjunctively or conjvinctively as necessary to bring within the scope of the 

discovery request all responses that might otherwise be consmied to be out.<;ide of 

its scope. 

3. Number. The use of the singular form of any word includes the 

singular form and vice versa. 

C. Incorporation by Reference and Limitation. The full text of the definitions 

and rules of construction set forth in paragraphs (A) and (B) is deemed incorporated by 

reference into all discovery requests, but .shall not preclude (i) the definition of other 

terms specific to the particular litigation, (ii) the use of abbreviations or (iii) a more 

narrow definition of a term defined in this paragraph (C). These definitions are not 

intended to broaden or narrow the scope of discovery permitted by the appropriate 

procedural rules. 

D. Unless otherwise stated, these requests arc limited to the scope of the 

transactions described in the complaint in the above-captioned case. 

E. If the FAA contends that any document or information requested is 

privileged or otherwise excludable from discovery, the FAA is requested to describe any 

such document or information in sufficient detail for identification purposes, to identify 

RESPONDENT USA 3000 Washington Aviation Group, PC and the 

FIRST DISCOVERY REQ. l^w Offices of Jason A. Dickstein 

Page 3 2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC20007 -Tel: 202-628-6776 
07/22/201 0 15:4 8 FAX 202493514 2 FAA * DMS 0004/028 

the request(s) for production to which such withheld document is responsive, and to state 

the basis for the asserted privilege or other grounds for exclusion. 

J. if no documents are being produced responsive to a particular request, so 

indicate in the response to that request, and specify why no documents are being 

produced. If the requested documents are outside of the FAA's possession, custody, or 

control, identify the person who the FAA believes has possession, custody or control of 

the requested documents, 

K. No request shall be construed as a limitation on another request. 

INTERROGATORIES 

INTERROGATORY #1 . 

Allegation 4 of section II of the Complaint contends that the spoiler servo actuators were 

placed in the maintenance mode during maintenance. On what date and during what 

maintenance operation were the spoiler .servo actuators placed in the maintenance mode? 

INTERROGATORY # 2. 

Please identify all of the facts that you contend support Allegation 4 of section 11 of the 

Complaint 

INTERROGATORY #3. 

Allegation 7 of section 11 of the Complaint contends that USA3000 performed 

maintenance on the aircraft's left wing roll spoilers three and five. Please identify the 

maintenance performed on each of those left wing roll spoilers three and five (limited to 

only the maintenance that is referenced by the Complaint), and state the date or dates on 

which this maintenance was performed. 

RESPONDENT USA 3000 Washington Aviation Group, PC and the 

FIRST DISCOVERY REQ. Law Offices of Jason A. Dickstein 

Page 4 2233 Wisconsin Avenue, NW, Sjite 503 

Washington, DC 20007 .Tel: 202-628-6776 
07/22/201 0 15:4 8 FAX 2024935142 FAA + DMS 12005/028 

INTERROGATORY # 4. 

Please identify all of the facts that you contend support Allegation 12 of section II of the 

Complaint 

INTERROGATORY # 5. 

Please identify all of the facts that you contend support Allegation 13 of .section TI of the 

Complaint 

INTERROGATORY # 6. 

Please identify all of the facts that you contend support Allegation 19 of section II of the 

Complaint 

INTERROGATORY # 7. 

Please identify all of the facts that you contend support Allegation 20 of section 11 of the 

Complaint 

INTERROGATORY # 8. 

Is it the Administrator's contention that the flight was an operation that falls within the 

scope of Part 121? 

RESPONDENT USA 3000 Washington Aviation Group, PC and the 

FIRST DISCOVERY REQ. Law Offices of Jason A. Dickstein 

Page 5 2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 -Tel: 202-628-6776 
07/22/201 0 15:4 8 FAX 202493514 2 FAA * DMS 0006/028 

INTERROGATORY # 9. 

If it is the Administrator's contention that the flight was an operation that falls within the 

scope of Part 121, then please identify all facts that support this contention and specify 

how that operation falls within the scope of Part 121. 

INTERROGATORY # 10. 

Is it the Administrator's contention that the aircraft's left wing roll spoilers three and five 

were placed in the maintenance mode during maintenance performed by US A3 000? 

INTERROGATORY #11. 

If it is the Administrator's contention that the aircraft's left wing roll spoilers three and 

five were placed in the maintenance mode during maintenance performed by USA3000, 

then please identify all facts that support this contention and specify which maintenance 

was being performed when these spoilers were placed in the maintenance mode. 

INTERROGATORY #12. 

If it is the Administrator's contention that the aircraft's left wing roll spoilers three and 

five were placed in the maintenance mode during maintenance performed by USA3000, 

then please identify all facts that support the contention that the maintenance identified in 

INTERROGATORY # 11 was perforaied by US A3 000. 

RESPONDENT USA 3000 Washington Aviation Group, PC and the 

FIRST DISCOVERY REQ. Law Offices of Jason A. Dickstein 

Page 6 2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 -Tel: 202-628-6776 
07/22/2010 15:48 FAX 2024935142 FAA ^ DMS @l007/028 

INTERROGATORY #13. 

If it is the Administrator's contention that any other maintenance operation was 

improperly performed on the aircraft - aside from the aircraft's left wing roll spoilers 

three and five being placed in (and/or left in) the maintenance mode - then please identify 

this other maintenance. 

INTERROGATORY # 14. 

The Re-spondent has asserted to the Administrator that the Respondent was not aware of 

the spoiler issue until the aircraft was in the air. Assuming only for the purpose of this 

interrogatory that the Respondent's assertion is correct, (a) does the FAA contend tliat the 

Respondent should have done anything differently upon discovery of the inoperable 

spoilers, and if so (b) what should he have done differently and (c) what is the objective 

standard upon which this contention of the Administrator is based? 

INTERROGATORY #15. 

Please provide the identity and telephone number (business or personal) of each person 

the FAA intends to call as a wimess in this matter. Please also provide a summary of the 

substance of the expected testimony of each person identified in response to this 

interrogatory. 

INTERROGATORY # 16. 

Please provide the identity and telephone number (business or personal) of each person 

the FAA believes has information or knowledge relevant to this matter. 

RESPONDENT USA 3000 Washington Aviation Group, PC and the 

FIRST DISCOVERY REQ. Law Offices of Jason A. Dickstein 

Page 7 2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC20007 -Tel: 202-628-6776 
07/22/2010 15:48 FAX 2024935142 FAA * DMS 12008/028 

INTERROGATORY # 17. 

Please identify and provide the telephone number for each expert witness the FAA may 

call to testify in this proceeding. For each expert witness identified, please state the 

subject matter upon which each is expected to testify, summarize tlie substance of such 

expected testimony (including, without limitation, idenfification of all facts, treatises, 

reports and records that form the basis for such opinion). 

INTERROGATORY # 18. 

Please identify any documents and exhibits the FAA intends to introduce into evidence in 

the proceeding. 

INTERROGATORY # 19. 

Is it the Administrator's contention that Respondent was aware, before take-off and 

during the flight, that the spoilers were not fiinctioning properly ("aware")? If the answer 

to this question is "yes," then please identify each natural person who was "aware" and 

identify any facts or evidence that supports the Administrator's claim that the individual 

was "aware." 

RESPONDENT USA 3000 Washington Aviation Group, PC and the 

FIRST DISCOVERY REQ. Law Offices of Jason A. Dickstein 

Page 8 2233 Wisconsin Avenue, N W, Suite 503 

Washington, DC 20007 • Tel: 202-628-6776 
07/22/2010 15:48 FAX 2024935142 FAA * DMS gl009/028 

REQUESTS FOR PRODUCTION 

PRODUCTION REOUEST # 1. 

A copy of selected documents from the Enforcement Investigative Report (EIR) has; been 

previously provided by the Administrator to the Respondent. Please provide each 

document that has been collected and/or retained as a part of the FAA's investigation into 

the flight, but that has not yet been released to Respondent. 

PRODUCTION REOUEST # 2. 

Please provide each document or record indicating the meaning or meanings of the amber 

LAF DEGRADED message on the aircraft's ECAM. If all responsive documents were 

included in the EIR, then a reference to the specific pages that arc responsive would be 

sufficient to meet this request for production. 

PRODUCTION REQUEST # 3. 

Please provide each document or record suggesting that the aircraft's ECAM indicated 

that that any wing spoilers were not operational during the flight, but prior to take-off. If 

all responsive documents were included in the EIR, then a reference to the specific pages 

thai are responsive would be sufficient to meet this request for production. 

RESPONDENT USA 3000 Washington Aviation Group, PC and ihc 

FIRST DISCOVERY REQ. Law Offices of Jason A. Dickstein 

Page 9 2233 Wisconsin Avenue, NW, Suite 503 

Washington. DC 20007 • Tel; 202-628-6776 
07/22/2010 15:49 FAX 2024935142 FAA ^ DMS 21010/028 

PRODUCTION REOUEST # 4. 

Please provide each document or record suggesting that the respondent was aware that 

the aircraft's ECAM indicated that that any wing spoilers were not operafional during the 

flight, but prior to take-off If all responsive documents were included in the EIR, then a 

reference to the specific pages tliat are responsive would be sufficient to meet this request 

for production. 

PRODUCTION REOUEST # 5. 

Please provide each document or record suggesting that the aircraft's ECAM indicated 

that that any wing spoilers were not operational during the flight, but after take-off. If all 

responsive documents were included in the EIR, then a reference to the specific pages 

that are responsive would be .sufficient to meet this request for production. 

PRODUCTION REQUEST # 6. 

Please provide each document or record suggesting that the respondent was aware that 

the aircraft's ECAM indicated thai that any wing spoilers were not operational during the 

flight, but after take-off If all responsive documents were included in the EIR, then a 

reference to the specific pages that are responsive would be sufficient to meet this request 

for production. 

PRODUCTION REOUEST # 7. 

To the extent that such documents have not already been provided, please provide each 

document or record that supports any allegation made by the FAA in the Complaint in 

this case. 

RESPONDENT USA 3000 Washington Aviation Group, PC and the 

FIRST DISCOVERY REQ. Law Offices of Jason A, Dicitstcin 

Page 10 2233 Wisconsin Avenue, N W, Suite 503 

Wa!»hington, DC 20007 • Tel: 202-628-6776 
07/22/201 0 15:49 FAX 2024935142 FAA * DMS 0011/02 8 

PRODUCTION REOUEST # 8. 

Please provide all notes taken by any FAA inspector with respect to this case. If all 

responsive documents were included in the EIR, then a reference to the specific pages 

that are responsive would be sufficient to meet this request for production. 

PRODUCTION REQUEST # 9. 

Please provide all FAA policies that provide guidance on maintenance acceptance flights. 

PRODUCTION REOUEST # 10. 

Please provide each document (that was not previously provided) that responds to any 

interrogatory propounded to the FAA from the Re.spondcnt. 

PRODUCTION REOUEST #11. 

Please provide the entirety of each EIR and all other investigative records associated with 

the investigation of AAR in relation to the incidents described in the Complaint. For 

your reference (but not to be construed as a limitation) one relevant FAA investigation 

file number may be 2008SO190220. 

PRODUCTION REQUEST # 12. 

Please provide each other ETR associated with the investigation of any other parly in 

relation to the incident described in the Complaint. 

RESPONDENT USA 3000 Washington Aviation Group, PC and the 

FIRST DISCOVERY REQ. Law Offices of Jason A. Dickstein 

Page 11 2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 • lei: 202-628-6776 
07/22/201 0 15:49 FAX 2024935142 FAA * DMS §1012/02 8 

REQUESTS FOR ADMISSION 

ADMISSION REQUEST # 1. 

The Administrator admits that the Respondent did not know that the aircraft's spoilers 

were in maintenance mode until after tlic flight. 

ADMISSION REQUEST # 2. 

The Administrator admits that the Respondent did not know that there was a problem 

with the spoilers until after the aircraft had left the ground for the flight. 

ADMISSION REOUEST tf 3. 

The Administrator admits that Captain Surratt, a pilot on the flight, did not know that 

there was a problem with the spoilers imlil after the aircraft had left the ground for the 

flight. 

ADMISSION REQUEST # 4. 

The Administrator admits that Captain Walker, a pilot on the flight, did not know that 

there was a problem with the spoilers until after the aircraft had left the ground. 

ADMISSION REQUEST # 5. 

The Administrator admits that the USA3000 Pilots' Quick Reference Handbook provides 

a procedure for landing with inoperative spoilers. 

RESPONDENT USA 3000 Washington Aviation Group, PC and the 

FIRST DISCOVERY REQ. Law Offices of Jason A. Dickstein 

Page 12 2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 • Tel: 202-628-6776 
07/22/2010 15:49 FAX 2024935142 FAA + QMS 21013/028 

ADMISSION REQUEST # 6. 

The Administrator admits that the USA3000 A320 flight manual provides a procedure for 

landing with inoperative spoilers. 

ADMISSION REOUEST # 7. 

The Administrator admits that on the first landing attempt during the flight, the 

Respondent followed the procedure for landing with inoperative spoilers that was found 

in the night manual and the Quick Reference Handbook. 

ADMISSION REQUEST # 8, 

The Administrator admits that on May 19, 2008, the USA3000 filed a voluntary 

disclosure report concerning the incident described in the Complaint. 

ADMISSION REOUEST # 9. 

The Administrator admits that on June 2, 2008, the Administrator sent a letter accepting 

the voluntary disclosure report filed by USA3000 concerning the incident described in 

the Complaint. 

ADMISSION REQUEST # 10. 

The Administrator admits that the document attached as appendix A is a true and correct 

copy of a letter sent to the FAA by AAR on or about May 30,2008. 

RESPONDENT USA 3000 

FIRST DISCOVERY REQ. 

Page 13 

Washington Aviation Group, PC and the 

Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington. DC 2O007 • Tel: 202-628-6776 
07/22/2010 15:49 FAX 2024935142 FAA * DMS 21014/028 

ADMISSION REQUEST #11. 

The Administrator admits that the document attached as appendix A addresses the 

maintenance incidents described in the allegations of the Complaint. 

ADMISSION REQUEST # 12. 

The Administrator admits that the document attached as appendix B is a true and correct 

copy of a letter sent by the FAA to USA 3000 on or about May 22,2008. 

ADMISSION REQUEST # 13. 

The Administrator admits that the document attached as appendix C is a true and correct 

copy of a letter sent by the FAA to USA 3000 on or about May 30,2008. 

ADMISSION REOUEST # 14. 

The Administrator admits that the document attached as appendix D is a true and correct 

copy of a letter sent by the FAA to USA 3000 on or about June 2, 2008. 

RESPONDENT USA 3000 

FIRST DISCOVERY REQ. 

Page 14 

Washington Aviation Group, PC and the 

Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 - Tel: 202-628-6776 
07/22/2010 15:49 FAX 2024935142 FAA + DMS 12015/028 

RESPECTFULLY SUBMriTED this 21st day of July, 2010. 

WASHINGTON AVIATION GROUP, PC AND THE 

LAW OFFICES OF JASON A. DICKSTEIN 

By. 

Jason Dickstein 

W^hington Aviation Group, PC and the 

Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 

Tel: (202) 628-6776 

Attorney for Respondent Brendan Airways, LLC d/b/a USA3000 Airlines 

RESPONDENT USA 3000 Washington Aviation Group, PC and the 

FIRST DISCOVERY REQ. Law Offices of Jason A. Dickstein 

Page 15 2233 Wiscon.'sin Avenue, NW, Suite 503 

Washington, DC 20007 • Tel: 202-628-6776 
07/22/2010 15:49 FAX 2024935142 FAA + QM S lglOIG/028 

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION 

The Honorable Chief Administrative Law Judge Ronnie A. Yoder 

In the matter of 

BRENDAN AIRWAYS, LLC, 

d/b/a USA3000 Airlines 

Respondent 

DMS No.: FAA-2009-0032 

FAA Docket No.: CP09EA0007 

FAA Case No.: 2008EA170038 

CERTIFICATE OF SERVICE 

The undersigned hereby certifies that she caused the attached 

• RESPONDENT'S FIRST SET OF INTERROGATORIES, 

REQUESTS FOR PRODUCTION OF DOCUMENTS, AND 

REQUESTS FOR ADMISSIONS 

• Foar Appendices 

To be filed at the addresses listed below by two-day FedEx service, on the date indicated 

below. 

Federal Aviation Administration (original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Atm: Hearing Docket Clerk, AGC-430 

And to be served on the persons at the addresses listed below by the same method as the 

filing method, on the date indicated below. 

David M. Cohen, Attorney 

Federal Aviation Administration 

Office of the Regional Counsel, EAL-7 

1 Aviation Plaza 

Jamaica, NY 11434 

Tel: (718) 553-3270 

Fax (718) 995-5699 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

Room El2-320 

US Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Tel: (202) 366-2142 

Fax: (202) 366-7536 

Katt Stanley 

n\t\\io\o 

Date 

RESPONDENT USA 3000 

FIRST DISCOVERY REQ. 

Page 16 

Washington Aviation Group, PC and the 

Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, E>C 20007 • Tel: 202-628-6776 
07/22/201 0 15:49 FAX 2024935142 FAA + DMS 21017/02 8 

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION 

The Honorable Chief Adminisiraiive Law Judge Ronnie A. Yoder 

In the matter of 

BRENDAN AIRWAYS, LLC, 

d/h/a USA3000 Airlines 

Respondent 

DMS No.: FAA-2009-0032 

FAA Docket No.: CP09EA0007 

FAA Case No.: 2008EA170038 

RESPONDENT'S FIRST SET OF 

INTERROGATORIES, REQUESTS 

FOR PRODUCTION OF DOCUMENTS, 

AND REQUESTS FOR ADMISSIONS 

APPENDIX A 
07/22/201 0 15:49 FAX 2024935142 FAA * DMS 11018/028 

Aircraft Services — Miami 

ByiVO NW3S" Srrttt, flWj. ffSO - Mmmi R Jil2 i 

P 0 , fla.T52-2«32 -A^iaini, ftoi<<a 33152 

Pfc.3O5-87>J30< 

Frix 30S-«71.53«8 

May 30, 20O8 

Mr. Luis Carmona 

Principal Maintetiance Inspector 

Federal Aviation Adminislration 

South Florida FSDO 19 

8600 SW 36* Street, Suite 200 

Miami, Florida 33166 

Reference: Your File No. 2008SO190220 

Dear Mr. Carmona: 

Tliis letter is in response to your request for infonnation received on May 20, 2008 

regarding the allegation of imptoper maintenance being perfoimed by AAR Aircraft 

Services - Miami (ASM) on USA3000 Airlines (U3K) Aircraft N265AV, Airbus Model 

A320-212, Serial Number 427. The allegation is specifically related to non-compliance 

with 14 CFR 145.205(a). 

ASM has completed an in-depth investigation of the event and the circumstances 

surrounding it and offers ifae following comments, 

Summar)' of the Aircraft Visit: 

ASM Work Order; 28108 

Arrival Date: 04/07/2008 

Maintcnajice Release Date: 05/17/2008 

Airworthiness Release by U3K: 05/17/2008 

Work Scope: C Check, airworthiness directives, modifications, paini, etc. per agreement 

Background: 

On May 17, 2008 ASM released aircraft N265AV back to service after undergoing a 

heavy maintenance check. The airworthiness release was signed by a qualified U3K 

repreaentauvc. A U3K flight crew was dispatched to perform a customer accepance 

fli^t check. Several personnel were on board the aircraft during the acceptance flight in 

addition to the U3K.crew. TTiey included representatives from U3K, the leasing 

company (ILFC) and its new customer Slate Transport Company Russia (Rossiya). 
c ^ QMS @|019/028 

07/22/2010 15:50 FAX 2024835142 FAA 

The prcflight was accomplished in accordance with U3K Check List and no issues were 

documented. Engine starts were performed witli AUTO - Normal and no i.ssucs were 

reported. Taxi checks wore conducted with brakes and nose wheel steering and no 

discrepancies were noted. During the flight control check a cockpit message was 

displayed indicating Lateral Degrade (SPD BRK LAF Degraded) and the indication was 

amber lights on spoilers #3 and #5 Left. 

The crew initiated take-off roll and the acceptance flight was performed. During in flight 

cabin checks it was noted that the HI and #5 spoilers on the left wing were not flush with 

the wing and were seen "floating". The acceptance flight continued for a total flight time 

recorded of 3,5 hours, 

Description of the Event; 

The following infonnation was alsc; obtained during the post flight debriefing through 

testimony from individuals on board during the occurrence. 

On initial approach to Runway 8 Riglit at MIA the lower requested the crew to transfer to 

8 Left due to traffic on 8 Right During landing flare the aircraft continued to settle to the 

runway. Wlien the landing gear contacted the ground, the aircraft bounced and became 

airborne again at which time the aircraft rolled sharply to the left and the left wingtip 

fence contacted the runway. Both crew members became engaged with the flight 

controls. An aural torn; .sounded indicating Dual Input. The pilot in the right seat cook 

command of the aircraft. The crew completed their checklist and iheir discussion 

determined that a Flaps 3 landing would be accomplished carrying extra speed. The 

second approach was made to Runway 8 Right. 

During the second landing, the aircraft right wing lifted once again and the aircraft tried 

to roll left shortly after landing gear touchdown. Reverse thrust was applied and the 

landing was successful. The crew taxied to a hard stand and shut down the engines. 

Immediate Corrective Action 

1. Guided by post flight mformation received from USK personnel on board the 

flight, an inspection was conducted of the #3 and H5 spoiler actuators. The 

inspection revealed that they were left in the maintenance mode. Spoilers #3 and 

#5 were reset in the "O" mode. Remaining left and right v,ring spoilers #1 through 

#5 were verified in the "O" mode and the spoiler system was operationally 

checked with satisfactory results, 

2. Accomplished a visual inspection of the left wingtip fence and found it damaged. 

The fence was removed and replaced. 

3. A vistial inspection of the #1 engine cowling and pylon resulted in no damage 

noted. 

4. A hard landing in.spection was initiated, but later rescinded as a result of computer 

recorded infonnation to the contrary, ,<;howing chat a hard landing had not in fact 

occurred, 

5. A hidden damage inspection of the wingtip area was conducted with negative 

results. 
+ nMS 121020/028 

07/22/2010 15:50 FAX 2024935142 FAA 

Investigation: 

• The switches on the spoiler actuators are two position switches; one is labeled 

"0" for operation mode and the other is labeled "M" for maintenance mode. 

• After the event, ASM verified the correct operation of the cockpit indication 

(amber lights) when the spoiler servo .switches were placed in the maintenance 

position. 

• Neither U3K nor ASM have a preflight card or task to perform flight control 

checks prior to flight. 

The investigation continued to determine what maintenaitce tasks were performed in the 

area of the spoilers while the aircraft was in for maintenance at ASM. The following 

information was gathered from the maintenance records; 

• U3K - A320 MPD - Task Card 27640002 titled 27-64-0O-20O-QO i - Check of tfie 

Spoilers Servo Controls and Hinge Bearings for Exces.sive Play and Condition 

was issued. 

• During the alwve inspection it was noted that the M and US Right and the #2, #3, 

and #4 Left Wing Spoiler beainngs failed test. 

• Non-Routine cards were generated for each failed bearing identified after the 

inspection. An operational check of the spoilers was performed after the 

excessive play was corrected on spoilers #2, #3 and #4 left, as well as #4 and #5 

right. Pertinent items, including the operational check, were completed on April 

29, 2008. This rework was determined to be not RII by U3K, 

• During interviews with the technicians and inspectors involved with this 

inspection and repair, each one stated tliat they turned the servo control switch to 

(he maintenance position to perform this task. 

• The Aircraft Maintenance Manual (AMM) reference 27-64-45 PB 401 "Spoiler 

removal Removal/Installation" was referenced for the bearing replacement. 

Because Spoiler #5Left was not disturbed during the above maintenance task, the 

invesdgadon shifted to reviewing the entire work package from April 29,2008 through 

the end of the maintenance check on May 17, 2008. The focus was to determine if any 

additional maintenance tasks were performed during this phase of the check in the area of 

the spoilers. 

Non-Routine card #1020 identified as "LT Wing Spoilers Need Paint Touch Up On Both 

Sides" was considered a potential contributing factor at first. The corrective action states 

"Touch-up as required on LT Wing Spoilers Both Sides L\W A-320 SMR 51-23-11". 

We discovered that it is possible to mask and paint the underside of the spoilers wfith the 

flaps down and the spoilers in the retracted position. 

At the end, the paper work review determined that there were no specific maintenance 

tasks recorded or work continuation steps found that indicated die .spoiler servo a>ntrol 

svritches were repositioned. 
07/22/2010 15:50 FAX 2024935142 FAA + DMS 121021/028 

Conclusion; 

The mauitenance completed with the operational check of the spoilers on April 29, 2008 

was determined to be the last documented time ASM was in the area of the aircraft 

spoilers. This task was determined to not be causal in this event due to the #5 Left 

Spoiler not undergoing maintenance, yet found in the "M" mode. It does, however, raise 

a point that was contributory to the event; 

1. Airbus AMM 27-60-00 PB 201 "Spoiler Maintenance Practices" requires a 

special tool P/N 98D27603002001 for certain aircraft to set the .spoiler actuators 

in the "M" mode. The tool is a socket-like tool with a red streamer attached and 

has a "lip" that allows retention, in place while the maintenance mode is set. 

2. This tool, together with a moditication to the mode device in the actuator, became 

the pcrmaneni fix from Airbus to prevent this type of event after one that occurred 

in August, 1993. 

• Aircraft N265AV has not been modified. The AMM does not require the use of 

this special tool on this aircraft. ASM recommends that all spoiler actuators be 

modified to accept tool P/N 98D27603002001. 

During the course of the vLsit, after April 29, 2008 the servo switches for the #3 and #5 

spoilers were placed in the "Maintenance" mode. However, there is no record of such 

action and we were unable to determine who may have been involved. 

All scheduled maintenance tasks were completed and recorded per the air carrier's 

maintenance program. 

Preventive Action: 

1. In the absence of an aii carrier task card, ASM will develop and implement the 

use of a prefUght checklist to supplement the current avionics checklist and 

termination service check we currently perform on all departing aircraft. Target 

completion is July 1,2008. 

2. ASM will publish a Maintenance Crew Briefing, Form CB 01 to cover this item 

in Quality Central and will review ii with flll crews to heighten awareness. 

Completion of This action is anticipated before the aarival of the next A320 

aircraft or by July 1. 2008, whichever is first, 

3. Crew meetings will be conducted concerning proper documentation of work in 

progress, work interruptions and unscheduled activities, including critical system 

deactivation. This subject will be included in the next scheduled meeting in June, 

2008. 
07/22/2010 15:50 FAX 2024935142 FAA QMS @|022/02S 

In closing, AAR Aircraft Services - Miami is conuniticd to continue improving our 

procedures, educate our persormel and introduce the checks and balances necessary lo 

enhance safety in our industry. In light of the fads revealed during this investigation and 

the circumstances surrounding the event, we respectfully request that you close this 

matter through administrative action without penally. 

If you should need additional Infomiation, please contact me at (305) 607-6245. 

Sincerely, 

Alfredo Consuegra 

Vice President Quality and Safety 

cc: Brian Looracr 

Michael Fischeni 

Claire Best 

Ramses Perez 

Don Vilim 

Rayner Hutchinson 

Greg Manghera 
07/22/2010 15:50 FAX 2024935142 FAA + DMS 21023/028 

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION 

The Honorable Chief Administrative Law Judge Ronnie A. Yoder 

In the matter of 

BRENDAN AIRWAYS, LLC, 

d/b/a USA3000 Airlines 

Respondent 

DMS No.: FAA-2009-0032 

FAA Docket No.: CP09EA0007 

FAA Case No.: 2008EA170038 

RESPONDENT'S FIRST SET OF 

INTERROGATORIES, REQUESTS 

FOR PRODUCTION OF DOCUMENTS, 

AND REQUESTS FOR ADMISSIONS 

APPENDIX B 
07/22/2010 15:50 FAX 2024935142 FAA + DMS ©024/028 

<d 

U.S. Department 

of Transportatten 

F«d«ral Aviation 

A<t I lit ifsli ulion 

Fedvril Aviallon Administratlod 

FKeM Standards District Offln 17 

2 Intomaiional Plaza Suit* 110 

PniMtlphia. PA1d113 

Phon«: 610^95-1500 «d. 237 

Fax:610.59S>1519 

May 22. 2008 

Ceitified-Retum R«c«ipt 

Jack Eastman 

Director of Operations 

USA 3000 Airlines 

335 Bishop HoHow Road 

Newtown Square. PA 19703 

Dear Mr. Eastman: 

On May 19,2008, Brendan Airways. LLC d/b/a/ USA 3000 Airlines, a Part 121 air carrier 

operating under Air Carrier Certificate No. U30A762J, self disclosed an apparent violation while 

operating N265AV, an Airbus A320-212, s/n 427. 

After reviewing the Voluntary Disclosure Reporting Program (VDRP) submission this office is 

unable to validate this VDRP due to the following: 

• The VDRP lacks sufficient detail of the alleged violation. 

« The VDRP does not adequately describe the circumstances surrounding this incident 

If you have any further questions feel free to contact me at the above listed number 

Sincerely^ 

Thomas R. Martin 

Manager 

Philadelphia Flight Standards District Office 
07/22/201 0 15:5 0 FAX 2024935142 FAA + DMS 12025/028 

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION 

The Honorable Chief Administrative Law Judge Ronnie A. Yoder 

In the matter of 

BRENDAN AIRWAYS, LLC, 

d/b/a US A3 000 Airlines 

Respondent 

DMS No.: FAA-2009-0032 

FAA Docket No.: CP09EA0007 

FAA Case No.: 2008EA170038 

RESPONDENT'S FIRST SET OF 

INTERROGATORIES, REQUESTS 

FOR PRODUCTION OF DOCUMENTS, 

AND REQUESTS FOR ADMISSIONS 

APPENDIX C 
07/22/2010 15:50 FAX 2024935142 FAA ^ OMS @02G/028 

O 

U,S. Oepomnent 2 ,^p, ^ S«l» ii o 

of Trcraportotlon PfAaMpnta, PA 19113 

pMtoRri AvkMon Phonr. aid-sw-isoo 

May 30. 2006 

Certlfled'Retum Receipt 

Mr. Joseph Guhin 

USA 3000 Airlines 

335 Bishop HoHow Road. Suite 100 

Newtown Square, PA 19073 

Dear Mr. Guhin: 

Flle Number 2006EA170038 

On May 19,2008. Brendan Aimvays, LLC, (dba USA 3000 Airlines) notified this office of a 

wingtip fence strike on the mnway by an Airbus A-320-212, N265AV, operated by USA 3000 

Airtines. during an attempted landing at Miami International Airport (MIA) on May 17, 2008. The 

flight was conducted as a maintenance/customer acceptance flight following heavy 

maintenance by AAR Aircraft Sen/ices, Inc. (XE4R646M) at MIA 

A review of the maintenance logbook and other raeords revealed that Brendan Ainvays, LLC, 

may have operated an unairworthy aircraft during the flight referenced above. 

This letter is to inform you that this matter is under Investigation by the Federal Aviation 

Administration. We wish to offer you an opportunity to discuss the matter personally and submit 

a written statement, if you desire to do either, this should be accomplished within 10 days 

following receipt of this letter. Your statement should contain all pertinent tacts and any 

mitigating circumstances, which you believe may have a iMaring on this matter, if we do not 

hear from you within the specified time, our report wilt proceed without the benefit of your 

statement. 

Sincerely, 

ohnson 

iperations Inspector 

/\f(Ac^'^e*^'f 
07/22/2010 15:51 FAX 2024935142 FAA + DMS [027/028 

BEFORE THE U.S. DEPARIMENT OF TRANSPORTATION 

The Honorable Chief Administrative Law Judge Ronnie A. Yoder 

In the matter ol" 

BRENDAN AIRWAYS, LLC, 

d/b/a USA3000 Airlines 

Respondent 

DMS No.: FAA-2009-0032 

FAA Docket No.: CP09EA0007 

FAA Case No.: 2008EA170038 

RESPONDENT'S FIRST SET OF 

INTERROGATORIES, REQUESTS 

FOR PRODUCIION OF DOCUMENTS, 

AND REQUESTS FOR ADMISSIONS 

APPENDIX D 
07/22/2010 15:51 FAX 2024935142 FAA •>• DM S E1028/028 

e 

U.S, Deparrment 

of TronspOftation 

Federal Aviation 

Adminislrafion 

Federal Aviation Administration 

Flight Standards DIstria Office 17 

2 International Plaza Suite 110 

Ptiiladelphia. PA 19113 

Phono; 610-595-1500 e«. 23? 

Fax; 610-595-1519 

June 2, 2008 

Certifidd-Return Receipt 

William J. Hoffman 

Director of Quality Control 

USA 3000 Airlines 

335 Bishop Hollow Road 

Newtown Square, PA 19703 

Dear Mr. Hoffman: 

VDRP Reference ID number: 2649 

On May 19. 2008, Brendan Ainiways, LLC d/b/a/ USA 3000 Airlines, a Part 121 air camer 

operating under Air Carrier Certificate No. U30A762J. self disclosed an apparent violation while 

operating N265AV, an Airbus A320-212, s/n 427. 

We have reviewed USA 3000 Airlines revised Voluntary Disclosure Reporting Program (VDRP) 

submission to this office and are now prepared to accept this VDRP, pending future 

investigation. 

If you have any further questions feel free to contact me at the above listed number. 

Thomas R. Martin 

Manager 

Philadelphia Flight Standards District Office