09/21/2010 16:00 FAX 2024935142 

09/21/2010 08:01 4252271007 

FAA 

ANM7 

DMS @1002/005 

PAGE 02/05 

SCOTT R.MoRRts 

FAA OFFfCE OF REGIONAL COUNSEL 

1601 LlND AVE., SW 

RRNTON. WASHTNGTON 98057 

TELEPHONE: 425.227.1417 

FACSIMILE: 425.227.1007 

;i:PARTMENTOF 

•lAN'SPORTATiON 

•"KtT OPERATIONS 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Ill the Matter of: 

Peter Simons 

FAA DOCKET CP10NM0004 

FAA Case No. 2009NM700173 

DMS No. FAA-2010-0534 

Judge Goodwin 

COMPLAINANT'S SECOND DISCOVERY REQUEST 

To: Respondenr 

In accordance with 14 CFR Sections 13,220 and the Federal Rules of Civil Procedure, 

please respond to the following Xntcrrogatories, K.equests for Production of Documents, and 

Request for Admissions, separately and fully under oath by October 21,2010. 

These discovery requests are intended to discover inforraation and/or documeurs not only 

within your personal knowledge or obtainable by you, but also information in the possession of or 

obtainable by your attorneys, investigators, representatives, employees, agents, or anyone acting on 

your behalf or on their behalf. 

These discovery requests are continuing in nature and any information wiiich may be 

discovered by you subsequent to the service and filing of your answers must be brouglit to the 

attention of the agency attorney through supplemental answers when it becomes available ta you. at 

a reasonable time prior to the hearing in this matter. Jf there are ai:iy additions, deletions or changes 

in the answers or information provided at any time prior to hearing the Respondent is specifically 

requested to so immediately inform the agency attorney. If such infonnatioin is not fumishedL the 

agency attorney at the time of the hearing vill move to exclude firom evidence such infomiation 

requested and not furnished. 

The agency attorney ftuther requests that the Respondent produce the documents identified 

and designated herein for inspection and copying at the FAA Office of Regional Counsel, Suite 

570, ] 601 T.ind Avenue, SW, Ronton, Washington 98057, by October 21, 2010. 

PRIVILEGE 

If, JO responding to, or failing to respond to these Interrogatories, requests for admission and 

requests for production you invoice or rely upon any privilege of any ki.nd, state specifically the 

nature of the privilege; the basis upon which you invoke, rely \jpon or claim it, including any 
09/21/2010 1G;00 FAX 

09/21/2010 08:01 

2024935142 

4252271007 

FAA + DMS 

ANM7 

0003/00 5 

PAGE 03/05 

•y 

2 

3 

4 

S 

S 

7 

D 

9 

10 

11 ' 

12 

13 

14 

IS 

IS 

17 

IB 

19 

20 

21 

22 

23 

24 

25 

Z€ 

27 

2S 

29 

30 

31 

33 

3J 

31 

35 

3S 

37 

36 

39 

4D 

41 

42 

43 

44 

45 

4e 

47 

48 

49 

SO 

51 

52 

52 

Statutory or decisional reference; and identify all documents or other information, ;jicluding 

contacts and communications which you believe to be embraced by the privilege invoiced. 

DATED this 20rh day of September 2010. 

R. MORRIS 

FAA Attorney 

Complainant's Second Discovery Request 

Peter Simons - CP10NMOOO4 

Page 2or4 

ScoTT R, MoHRis. FAA ATTORNEY 

TEL-425.227.1417; FAX: 425.227,1007 
09/21/2010 16:00 FAX 

05/21/2010 08:01 

2024935142 

4252271087 

FAA * DMS 

ANM7 

0004/005 

PAGE 0^/(35 

1 

2 

3 

4 

S 

6 

7 

e 

9 

10 

11 

12 

13 

14 

15 

Iff 

17 

le 

19 

20 

21 

22 

23 

24 

25 

2€ 

27 

2B 

29 

30 

31 

32 

3 3 

34 

3S 

36 

37 

2S 

39 

10 

41 

42 

43 

44 

4S 

46 

47 

4E1 

49 

50 

51 

52 

sa 

INTERROGATORIES AND REQUESTS FOR PRODUCTTON 

Inteixoeatorv No. 1: Explain with specificity the purpose of the min).t>2 operations that you were 

conducting, or were going to conduct, which required tJie use of a helicopter on July 2, 2009, to 

iran.sporl mining supplies. Include in your response Che minerals you were hoping to obtain. 

Intarrogatorv No. 2: For how many years have you been mining and using helicopters to transport 

your supplies to the mining site? 

Interrogaxorv No. 3: Explain the business relationship between yourself, Gary Pollack, and Keith 

Boyles. 

Tiiterrogatorv No. 4: Explaiji the relevance of your mother's anticipated testimony. 

REQUEST FOR ADMISSIONS 

Under 14 C.F.R. 13.220(b) and Rule 36 of the Federal Rules of Civil Procedure, you are requested 

to adroit the trutli of the following matters. A matter is admitted unless icsponded to in a 

reasonable time. The Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. 13.220(d)j defines 

a reasonable time to he 30 days. The agency requests that an answer is served upon the agency 

attorney ei-flier admitting the matter, specifically denying the matter, stating why the matter cannot 

be adtnitted or denied, or objecting jto the request, witl^ reasons for the objection stated within 30 

days of the date of service upon you, to wit; October 21,2010. 

REQUEST FOR ADMISSION NO 1: Admit that on July 2, 2009, you offered four containers of 

propane to Aviation Technology Services (ATS) for transport by use of a helicopter. 

REQUEST FOR ADMISSION NO 2: Admit that on .luly 2,2009, ATS transported by helicopter 

four containers of propane to a staging near the top of a mountain in Summit County, Colorado. 

REQUEST FOR ADMISSION NO. 3: Admit that two of the propane cylinders transported by 

helicopter to the staging area on July 2, 2009, were covered by black paint. 

REQUEST FOR ADMISSION NO. 4: Admit that two of the propane cylinders transponed by 

helicopter to the staging area on July 2,2009, had no hazardous material markings. 

REQUEST FOR ADMISSION NO. 5: Admit tliat two of the propane cylinders transported by 

helicopter to the staging area on July 2, 2009, had no hazardous material labels visible. 

REQUEST FOR ADMISSION NO. 6: Admit that the propane cylinders transported by helicopter 

to the staging area on July 2, 2009, were to be used at the cabin site near the mine, with its htnction 

being the cooking of food for miners, 

REOl JEST FOR ADMISSION NO. 7: Admit that the propane cylinders transported by helicopter 

to the staging area on July 2,2009, were not accompanied by shipper provided emergency contact 

information available on a twenty-four hour basis. 

Camplaitiaiit's Second Discovery Request 

I'etcr Simons - CP IONM0004 

Ta^e 3 of 4 

SCOTT R. MoRRrs, r AA ATTORNEY 

TEL, 425.227,14)7; FAX: 423.227.1007 
09/21/2010 1G:00 FAX 

09/21/2010 08:01 

2024935142 

<252271007 

FAA + DMS 

ANM7 

@1 005/005 

PAGE 05/05 

1 

2 

3 

4 

,•; 

€ 

7 

e 

9 

10 

11 

13 

13 

14 

15 

16 

17 

10 

19 

20 

31 

22 

23 

24 

25 

26 

27 

28 

2S 

30 

31 

32 

33 

34 

as 

36 

37 

3a 

39 

40 

41 

42 

43 

44 

4S 

46 

47 

48 

45 

50 

31 

S2 

53 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Second Discovery Request has been served via 

facsimile and certified mail - Return Receipt Requested this date, to the following: 

The Honorable Richard C Goodwin 

Office of hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm El 2-320 

Washington, D.C. 20590 

TEL: 202.366.2139 

FAX: 202.366.7536 

Federal Aviation Adm.inistration 

800 Independence Avenue S"W 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright BuiJding - Suite 2Wl000 

FAX: 202.493.5020 

I hereby certify that the foregoing Complainant's Second .Discovery Request has been served via 

Regular and Certified Mail - Return Receipt Requested this date, to the following: 

Peter 2. Simons 

2216 N. Farragut Avenue 

Colorado Springs, CO 80907 

Dated this 21 st day of September, 2010. 

'^(k/j^^ 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton,WA 98057 

425.227.2164 

Complsinant'B Second Discovery Request 

Peter Simons - CP10NM0004 

Page 4 of4 

SCOTT R. MORRIS, FAA AiroiwEY 

TEL: 425,227.HI7; FAX: 42i.227,lO07