U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

^^^^RARTMENTOF 

• ^ANSPORTATiON 

"::'I: T OPERATIONS 

in ^[^ !3 P I08 

In the Matter of Brendan Airways, LLC 

FAA Docket No. CP09EA0007 

DMS No. FAA-FAA-2009-0032 

Chief Administrative Law Judge Yoder 

COMPLAINANT'S SECOND RESPONSE TO RESPONDENT'S FIRST SET OF 

INTERROGATORIES. REOUESTS FOR PRODUCTION OF DOCUMENTS. AND 

REOUESTS FOR ADMISSIONS 

The Complainant reserves the right to supplement the following responses: 

RESPONSE TO REQUEST FOR INTERROGATORIES 

Interrogatory #18 

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

the proceeding. 

Response to Interrogatory #18 

In addition to what was previously submitted please see the documents listed below: 

1. FAA NO Action Document for AAR Aircraft Services for the incident occurring 

5/17/08 

2. PTRS record from inspector LAB for EIR 2008SO190220 

3. PTRS record from inspector LXC for EIR 2008SO190220 

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SEP - 8 2010 

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RESPONSE TO REOUEST FOR PRODUCTION OF DOCUMENTS 

Production Request #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. 

Response to Production Request #11 

The attached documents (referenced above) make up the entire file of case number 

2008SO190220. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

^ ^ .. ^^4^ 

David M. Cohen 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3270 

Facsimile: (718)995-5699 
CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Complainant's Second Response to 

Respondent's First Set Of Interrogatories, Requests For Production of Documents, and 

Requests For Admissions, were sent by Federal Express Mail addressed as follows: 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

(Original and One Copy) 

The Honorable Roimie A. Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

RoomE12-320 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

(FAX) 202-366-7536 

Jason Dickstein 

Washington Aviation Group, PC & Law Offices of Jason Dickstein 

2233 Wisconsin Avenue, NW, Suite 503 

Washington, DC 20007 

(FAX) 202-628-8948 

Date: SEP ' 7 2010 V^^i vJ^C^ 

^ LisaHooks 

Paralegal Specialist 

Office of Acting Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 
J ^ ^ U.S. Depaftment of Transportation 

f ^ ^ F«dQral Aviation Administration 

•WARNING NOTICE DLETTER OF CORRECTION EINO ACTION 

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AIRCRAFT. ENGINE. PROPELLER. COMPONENT OR APPLIANCE INVOLVED 

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> ALLEGED VI01ATI0N(8) - < 

DATE tJOMTM DAY YEAR TW«(3«M0UR) DATE UCNTH DAY "fCAR REGICN 019CGVSREO 

occuanGD 5/17/08 KHCAVN 5/19/08 so 

AT L0CATI3K MIAMI, FL 

RCOUWrCNS 

BSUCVEOVOUTEO 

AIRPORT DESIGNATOR 

MIA 

DESCRtPTKN 

USr WA" FOR NO ACTICN CASES 

N/A 

CORR GCTIVC ACTiOH • MAY BE CONTWUfiO OH RCVE RSE 

NO ACTION 

NSPECTOR: 

BURNETT LINDA 8171 7/J/08 

LAST IMtdE RflST NAUE M(wpcrlO « IfnriALS nOAII DATE 

CERT. CODE TYPE SUOTYFC CATEGORY SOURCE ACCtOGNT ACTION SANCTION 

aH BE EH HE 

t 

0 2 la 

PTRS ACTIVITY CODE m PTRS NSFGCtOflCOOE 

A B 

LtNOT RCVIE^V DATE 

K. 

ADUN. DATE 

7/'Pt°'A/'l^ 7: 

EIRNUhBCR 
PROGRAM TRACKING AND REPORTING SUBSYSTEM DATA SHEET 

(One P1KS Record Required for Each Unit of Work as defined In the PPM) 

SECTION 1-Transmittal 

Inspector Name Coda: lA B 

RecordIO: SO1920082I072 

NPG: 

Start Date: 05/19/2008 

Designator XE4R 

Aircraft Reg #: 

Firghl#: 

/Activity Number: 3733 

Status (POC): C 

Results (ACEFISTX): C 

AHtliated Designator 

Loc/Daparture Point: 

Complaint dfc 

Make-Model-Series: A-320-2U 

Simulator/Device 10: 

Noo-Cert Activity Name/Company: REF SOJ9200819264 

Airman Cert #: 

Examiner Cert #: 

Applicant Cert #-. 

Rec Instructor Cert #: 

Pa$srt:all: 

Tracking: 

Local Use: 

Activity Time: 

TriflQers Activity Number 

FAR: 143 

Callup Date: 

Closed Date: 06/17/2008 

OTNA: 

Uc/Arrival PolnW: 

Occurrence »: 

incident #: 

EIR«: 2008SO) 90220 

Accident #: 

Name: 

Name; 

Name: 

Name: 

Exam iCind: 

Miscellaneous: 

Regional Use: 

Assessment: 0.0 

Repeat Number Geographic? Yes • 

8430-13 #: 

Numeric MIsc: 

National Use: 

Travel Cost 

No S Foreign? Yes D No B 

SECTION 11 • Personnel (unlimited) 

Personnel Name POSitiOfl Base Remarks (23 Characters) 

SECTION III - Equipment (unlimited) 

Manufacturer Model Serial* Remarks (23 Characters) 

SECTION IV • COMMENT (unlimited) 

Primaiy 

A(«a 

E 

Key 

Wofd 

802 

Oglnfon 

P 

Comment Text (unttmited length) 

RPP PTR<5 Sn)47rVUt147M OF 1 YP 

INTVCSTIOATION INCIDI-NT WTTH AAR WHKRF. TIIFY RP.TURNED TO .SERVICP. A J20 PROM 

USA3000. AT LASrCHECK SPOILERS WERE IN OP PCSITION. 05/15/07. 

DURING CHECKFLIGHT ON 05/17/07 SPOILER WAS IN LOCKED POSITION. 

INVESTIGAnNG TO DETERMINE WHERE THIS ADJUSTMENT IN THE SPOILER OCCURRED. 

WEEK AFTER INCIDENT (WEEK OF 5/19/2008) WENT TO AAR TO TALK TO MGMT AND 

08t«. OflQinator Office; 

Inspector Signature: Supervisor Iniliol*: 

FAA form 8000-30 (B-9S) 
Inspecvor Natne Code: LAB Record ID: SO 19200821072 Patte2 

Section IV-Comment(cont'd) 

Primary 

Area 

E 

key 

Wort 

802 

6p\nk>n 

C O M 

P 

Comment Text 

INTERVIEW 6 TECHNICIANS WHO WERE WORKING ON THE SPOILERS OF THIS AIRCRAFT. 

DISCUSSED WORK ORDERS AND CHECKED TO SEE IS ANY DISCREPANCIES OCCURRED. 

FOUND AIRCRAFT WENT IN TO BE PAINTED AITER MAINTENANCE. THE AREA OF THE 

SPOILERS WOULD NOT BE DISTURBED FROM THE PAINTING. 

AFTER CHECKING MANY AAR WORK TASK CARDS. INTERVIEWING SEVERAL AAR 

TECHNICIANS WHO WORKED IN THE AREA OF THE SPOILERS OF THE AIRCRAFT AND 

WrrNESSED THE SPOILER CHECK. AND ATrENDING SEVERAL MEETINGS WITH AAR MGMT 

AND SUPERVISORS. THIS OFFICE HAS ISSUED AAR A LETTER OF WARNING. THIS 

OFFICE CANNOT FIND WHO OR WHEN THE ALLEGED NON-COMPLIANT MAINTENANCE 

OCCURRED. 

AGAIN, PMI CARMONA CHECKED WITH CHIEF INSPECTOR OF AAR AND SUPERVISORS TO 

SEE WHAT TASK CARDS. IF ANY WERE PRODUCED BY AAR BETWEEN 5/15 - 5/19/2008, 

THERE WERE NONE. 

AS THIS INVESTIGATION DID NOT PRODUCE EVIDENCE OF ANY WRONGDOING ON THE PART 

OF AAR MAINTENANCE. WE CANNOT INITIATE A CIVIL PENALTY VIOLATION. WILL 

INITIATE NO ACTION FOR AAR TO ENSURE FUTURE INCIDENTS DO NOT OCCUR AITER 

THE MAINTENANCE HAS BEEN PERI-ORMED. 

NO ACTION SNAAP ISSUED ON 7/01/2008. 
PROGRAM TRACKING AND REPORTING SUBSYSTEM DATA SHEET 

(One PTRS Record Required for Each Unit of Work as defined in the PPM) 

SECTKMI-Transmitta l 

Inspector Name Code: LXC 

Record ID: SOI9200819264 

NPG: 

Start Date: 05/19;2008 

Designator: XE4R 

Aircraft Reg #; N26SAV 

Flight #: 

Activity Number 3733 

Status (POC): C 

Results (ACEFISTX): C 

Affiliated Designator: 

Loc/I3eparlure Point: MIA 

Complaint »: 

Make-Model-Series: A-320-2)2 

Simulator/Device ID: 

Non-Cert Activity Name/Company: SO 19200821072 

Airman Cert #: 

Examiner Cart #: 

Applicant Cert»: 

Rec instnjctor Cert #: 

Pass/Fail: 

Tracking: 

Local Use: 

ActtvltyTIme: 

Triggers Activity Number 

FAR: 145 

Callup Date: 

CkJsedDale: 07/01/2008 

OTNA: 

Loc/Arrival Point#: 

Occurrence #: 

Incident #: 

EIR#: 2008SO190220 

Accident #: 

Name: 

Name: 

Name: 

Name: 

Exam Kind: 

Miscellaneous: 

Regional Use: 

Assessment: 0.0 

Repeat Number Geographic? Yes C 

8430-13 #; 

Numeric Misc.: 

NatkyialUse: OFFHOUR 

Travel Cost: 

No B Foreign? Yes D No S 

SECTION II < Personnel (unlimited) 

Personnel Name Positkm Base Remarks (23 Characters) 

SECTION III - Equipment (unlimited) 

Manufacturer Model Serial # Remarks (23 Characters) 

SECTION IV - COMMENT (unlimited) 

Primafy 

Area 

E 

Key 

Wort 

617 

Opinion 

(Sde 

1 

Comment Text (unlimiied iengthi) 

nt.i9-0H STAftTi^n iNVFSTifiATtnN BPr.ARniNr. AI I FfiFr> IMPHOPH P MAiN-nrNANrP n v AA R 

AIRCRAFT SFRVirE.S.MlAMtrAAR^ ON N2A'!AV 

05-20-08 - PREPARED AND SENT LLHTER OF INVESTIGATION TO AAR 

05-20-2008 TO 06-16-2008 - CONDUCTED INVESTIGATION REGARDING THE ALLEGED 

IMPROPER MAINTENANCE. COULD NOT PROVE THAT ANY AAR EMPLOYEE PERFORMED THE 

IMPROPER POSITIONING OF HIE LEFT WING SPOILERS 3 AND 5 TO THE MAINTENANCE 

Data: OifginalGr OtTica: 

Inspector Signatura: Supervisor Initials: 

FAA Fonm 8000-36 (6-95) 
Inspector Name Code: LXC Record ID: SO19200819264 Pace 2 

Section JV - Comment (cont'd) 

Primary 

/Vrea 

"ReT 

Word 

Opinkm 

Code 

Comment Text 

617 MODE. 

05-15-2008 - AN AIRCRAIT ENGINES AND SYSTEMS OPERATION TEST WAS COMPLETED BY 

USA 300 PERSONNEL. SPOILERS OPERATIONAL TEST WAS COMPLETED WITH 

SATISFACTORY RESULT. 

FOR OTHER THAN A FEW MINOR CORRECIION ITEMS AND TOUCH PAINTING (NONE OF 

WHICH WAS PERI-ORMED NEAR THE LEFT WING SPOILERS NO 3 AND 5). NO OI HER 

MAINTENANCE WAS DOCUMENTED AS BEING PERFORMED BY AAR DURING 05-15 AND 

05-17-2008. 

ON 05-15-2008 -THE AIRCRAIT WAS PARKED AND RELF:ASE D TO THE CUSTOMER. 

05-17-2008, THE USA3000 FLIGHT CREW AND MAINTENANCE PERSONNEL DID A 

PREFLIGH r, (AS PART OF THE FLIGHT PREFUOHT CHECKLIST), THEY NOTED THE LEFT 

WING SPOILERS NO 3 AND 5 WERE INOPERATIYE AND THE RIGHT WING NO 3 AND 5 

SPOILERS IX)CKED. KNOWING THE EXISTING MALFUNCTION. THE FLIGHT CREW ELECTED 

TO TAKE THE AIRCRAFT AND FLEW THE AIRCRAFf FOR OVER THREE HOURS. 

UPON IJVNDIN G AFFE R FLYIN G FO R OVER THREE HOURS. AAR PERSONNEL INSPECT ED THE 

LEFT WING SPOILERS AND DETERMINED THAT THE LEFr WING NO 3 AND 5 SPOILERS 

WERE IN THE MAINTENANCE POSITION. THE INVESTKJATIO N DID NOT REVEALED WHEN. 

WHO. WHY OR HOW WERE THE SPOILERS POSITIONED TO THE MAINTENANCE MODE. 

DUE TO THE LACK OF DOCUMENTATION REGARDING WHEN. WHO. WHY AND HOW WERE THE 

SPOILERS POSIIIONED IN THE MAINTENANCE MODE, IT IS NOT POSSIBLE FOR THIS 

INSPECTOR TO BLAME ANYONE FOR THE IMPROPER POSITIONING OF THE SPOILERS. 

07-01-08 - A LETTER OF NO ACTION WAS ISSUED TO AAR AND THE CASE CLOSED.