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U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

4 In the Matter of, 5 WORLDWIDE AIRCRAFT SERVICES, INC., 6 

### Docket No. FAA-2013-0045 Case No. 2009S0150216 Respondent. 7 8 9 

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### 12 13 

### 14 15 16 17 

### 18 _________________________

### /

DATE: TIME: PLACE:

REPORTED BY: HEARING March 5, 2014 9:10 a.m. - 4:40 p.m. George E. Edgecomb Courthouse 800 East Twiggs Street, Room 53A Tampa, Florida 33602 LauraMorales, FPR Notary Public, State of Florida at Large Pages 1 to 265

19 The above-entitled cause came on for hearing 20 before the Honorable J.E. Sullivan, Administrative 21 Law Judge, pursuant to notice. 22 

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### Hearing WorldwideAircraftServices,Inc.

1 APPEARANCES: 2 U.S. DEPARTMENT OF TRANSPORTATION J.E. SULLIVAN U.S. ADMINISTRATIVE LAW JUDGE 3 1200 New JerseyAvenue, S.E. (Ell-310) Washington, DC 20590 4 Phone: 202-366-6941 5 

### 6 APPEARANCES FOR THE AGENCY 7 OFFICE OF THE REGIONAL COUNSEL SOUTHERN REGION BY: WILLIAM VINES, ESQUIRE 8 

### P.O. Box 20636 Atlanta, Georgia 30320 9 Phone: 404-305-5200 10 11 APPEARANCES FOR THE RESPONDENT 12 WORLDWIDE AIRCRAFT SERVICES, INC. BY: MICHAEL HONEYCUTT 13 2561 Rescue Way Brooksville, Florida 34604 14 Phone: 352-796-2540 15 16 ALSO PRESENT: 17 Paul Bowen 18 Michael Singleton 19 Martha Farmer 20 21 22 

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### N D E X 1 

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### Direct Cross Redirect Recross

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6 7 8 9 

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### 14 15 16 17 18 19 20 21 22 23 24 25 Witnesses for Brian Fanning Brandon P1as Paul Kahler Robert Donahue

No. C-1 C-17 C-18 C-10 C-11 C-6A, B C-8A, B C-4A to C-4C C-2 C-3Ato C-3J C-9 C-13A to C130 C-4D C-4E C-14A C-12 the Agency: 32 45 58 74 79 159 164 185 241



### E X H I B I T S Description Request for Hearing Order No. FAA-2153B Table of Sanctions Letter from Brian Fanning Log Entry Frank Schaefer's Statement Brandon Plas' Statement Brandon P1as' Flight Log Air Carrier Certificate Operation Specifications Eric Price's Statement General Operations Manual 5/12/09 Flight Log 5/14/09 Flight Log Mr. Kahler's CertifiedLetter GPU Description



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R0 C E E D I N G S

THE COURT: We're on the record in the matter of Worldwide Aircraft Services, Inc. This is Docket No. FAA-2013-0045. Today is Wednesday, March 5, 2014, and the parties have convened in Tampa, Florida for a hearing in this matter. The FAA is represented by its attorney of record, Mr. Vines. The Respondent, Worldwide Aircraft Services, is represented by Mr. Honeycutt.We've had a brief delay to the start of the hearing impart because we had a traffic problem for our court reporter. She is now present with us. Thank you for joining us. As I understand it during a brief informal colloquy between the Court and the parties, Mr. Vines is going to call three witnesses this morning, a Brian Fanning, Mr. Plas, and a Mr. Kahler and then will be presenting the rest of his witnesses, including Ms. Farmer this afternoon. Typically, what we'll do is we'll take

a very briefmorning recess between now and say



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### 20 21 22 23 24 25 11:45. It'll be about five or 10 minutes, and I'll check in with the parties about how much time you'll need. We'll also take a lunch break, probablybetween 11:45 and noon to one, depending

on what the parties, where the parties are in the presentation in the case, and then we're scheduled to recess at 5:00 today, and then come back tomorrow from a 9 to 5 second hearing date. If we don't use the entire day tomorrow, that's fine, but it is reserved for us in the event that

we need it. Mr. Vines, as I understand it, Ms. Farmer is seated at the counsel table with you and will be assisting you at the counsel table; is that correct? MR. VINES: Yes, Judge. THE COURT: Okay. And, Mr. Honeycutt, Mr. Bowen, a friend of your's, is seated at the counsel table with you and will also be assisting you? MR. HONEYCUTT: Yes, your Honor. THE COURT: Is Mr. Bowen planning to testify? MR. HONEYCUTT: No, your Honor. THE COURT: Mr. Vines, are there any



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 preliminarymatters in terms of stipulations, motions in limine, any kind of narrowing between the issues between the parties since we last spoke? MR. VINES: No, Judge. THE COURT: Do you have a copy of all of your exhibits that you are planning to provide to the Court and the court reporter now? MR. VINES: Yes, Judge. THE COURT: Okay. Where would they be? MR. VINES: Withme, Judge. THE COURT: It wouldbe helpful if we had them. Thank you so much. Do you have the originals or did you file the originals? MR. VINES: I have the originals with

me to use.THE COURT: Okay. You are going to use those? MR. VINES: Yes, Judge. THE COURT: Okay. Thank you. I'll hand a copy to the court reporter. Mr. Honeycutt, do you have a copy for

me and the court reporter? MR. HONEYCUTT: Your Honor, I just intend to use the FAA's exhibits as my exhibits.



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Okay. So these will be basically all of the exhibits that both parties

are going to rely upon? MR. HONEYCUTT: Yes, ma'am. THE COURT: Okay. Mr. Vines, anything else that we need to address before you begin, did you want to make

a short opening, or do you want to leap right into testimony? MR. VINES: Judge, I do intend to make

an opening statement. Judge, at this time, I would also like to invoke the rule to exclude all the witnesses who intend to testify. However, with two exceptions, one with regard to Inspector Farmer, she is going to testify regarding the evidence that supports the Administrator's sanction, and as a result, I'd ask that she be able to remain in the courtroom for that reason. However, she is also going to

serve as a Technical Advisor for me during this hearing. The other exception I would ask, Judge, that you make is Inspector Mike Singleton, he is

an Aviation Safety Inspector and his concentration is specifically on maintenance. He



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is going to opine, Judge, as to whether or not

some of the discrepancies that the FAA has found with regard to a certain aircraft that was utilizedby Worldwide Aircraft, that those discrepancies do, in fact, what's the word I'm looking for, require that or, excuse me, they do, in fact, establish that there was a maintenance irregularity or a maintenance discrepancy and for

a failure, a malfunction of the airframe of that aircraft. Because of that, Judge, he will be listening to the testimony. So it is to opine those opinions. So for that reason, I would also ask that he also be allowed to remain in the courtroom.THE COURT: So essentially you want Mr. Singleton to remain in the courtroombecause you

are going to call upon him to utilize the testimony he hears as part of potentially an expert opinion? MR. VINES: Yes, Judge. THE COURT: Okay. Any other motions in limine before I turn to Mr. Honeycutt? MR. VINES: Judge, I have three exhibits I would offer into evidence at this



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time. Two of the exhibits are Agency policies, they are agency orders that are published to the public. Those areAdministrator Exhibits C-17 and C-18. THE COURT: And what wouldbe the third exhibit? MR. VINES: Third exhibit would be Administrator's Exhibit C-1. Judge, this is a statement from the Respondent, Mr. Mike Honeycutt, who represents the Respondent. It is a letterhead from JET I.C.U establishing or showing, essentially on paragraph one, the complaint (inaudible) of the hearing and that the Agency receivednotice of that request. THE COURT: That is already apart of the official record, Counsel, why would you need it as an exhibit? MR. VINES: I'll refer to your judgment, Judge. THE COURT: I'mjust curious as to why you would need it as an exhibit. Is it simply to perfect the record or some other reason? MR. VINES: Yes, Judge, to perfect the record.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Okay. Anything else? MR. VINES: No, ma'am. THE COURT: Mr. Honeycutt, let me turn to you, and we'll start with your response to the FAA's motions, and then I'll go to your motions if have any. Do you have any objection to the motion to exclude witnesses with the exception of Ms. Farmer and or Mr. Singleton? MR. HONEYCUTT: Yes, your Honor, I would like to object to Ms. Farmer andMr. Singletonbeing able to remain in the courtroom during testimony. THE COURT: And on what grounds? MR. HONEYCUTT: Well Ms. Farmer is here to testify. I'mnot really sure what her testimony is based on. THE COURT: Yeah, you want to address it to me MR. HONEYCUTT: I'm sorry. THE COURT: and then if I need Mr. Vines to explain all of that, I'll let him know. MR. HONEYCUTT: Yes, ma'am. Again, I'm not exactly sure what Ms. Farmer is here

-- what her role here is. THE COURT: Okay. And what about



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Singleton? MR. HONEYCUTT: Mr. Singleton is here to testify on maintenance issues, and he wants to listen in and determine if this is where he is going to make the determination if there was damage or irregularities. He can't do that based

on the evidence presented to him during testimony, during his THE COURT: Well, there is, in general,

a regulation or a rule that is commonly used in court proceedings, and it used to be very common prior to the rules of evidence actually being adoptedby both the Federal Government and states where expert witnesses would come and sit through part or all of the trials, listen to all of the testimony, and then when it was their turn to testify, they could utilize the descriptions and information that they heard during the trial or the hearing as part of the basis performing and expressing an opinion. Without going into a lot of history, the rules of evidence were ultimately adopted so that people impart would not need to hire experts and pay them to sit through hours and days of testimony, they couldjust give them data outside



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the courtroom and allow them to read it and then come for a short period of time and testify based on that data. But people still occasionally will have experts come and sit in the courtroom and listen to all or part of the testimony and utilize that information as part of their opinion. So as I understand it from the FAA, that's what they intend to do with one of their witnesses, and they are requesting the grant of allowing this witness to stay in the courtroom to do that. Do you have any particular objection beyond that which you've offered so far to Mr. Singleton remaining in the courtroom? MR. HONEYCUTT: Again, Mr. Singleton is going to testify to I guess the severity of damage, and I don't understand listening to witnesses how he is going to come to that conclusion based on their statements. I mean, you know, at the end of the day

an inspector is going to determine if something is functioning or not functioning. It shouldn't be based on I believe the statement of the witness, more so on the actual evidence that is



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 presented to him. THE COURT: Yeah, I think this is Mr. Singleton, not Mr. Schafer, but essentially, part of your ability as a responding party to cross-examine the witness after his direct is finished, to expose any weaknesses of that testimony and the bases for it. So I will simply note your objection. I'll respectfully grant the motion over the objection to allow Mr. Singleton to remain in the courtroom.In terms of Ms. Farmer, as I understand it from our last telephone conference last week and then from the representations by Mr. Vines today, her testimony is going to be limited to the FAA's assessment of the proposed penalty, and, as such, she is not going to be testifying

as to the violations at all. Assuming, and as I understand it from Mr. Vines, she is also the chosen representative of his client, the FAA, to assist at counsel table, and the FAA has the ability to send

someone to assist counsel, and they've chosen Ms. Farmer. So I will ask you if there is any other



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 objection to her presence? MR. HONEYCUTT: No objection to her presence, your Honor. THE COURT: Okay. Are you maintaining your objection or are you withdrawing your objectionbecause I need to know that for the record? You had originally objected. MR. HONEYCUTT: I object. I retainmy objection.THE COURT: Okay. Then I will note your objection. I will respectfully grant the motion over objection. I will grant the motion to exclude unless you have a bases, Mr. Honeycutt, for any of your witnesses to stay in the hearing roombecause the motion to exclude includes everyone. Do you have anyone in the courtroom that you have a bases to have stay in the courtroom as a witness that you would like to talk about? MR. HONEYCUTT: No, ma'am. THE COURT: Okay. Then I will grant the motion to exclude. I'll thank everyone in the courtroom who is presently sitting as a witness. You are



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### 25 welcome to excuse yourself at this point. Please stay available for testimony. Mr. Honeycutt's witnesses I don't think will need to comeback until this afternoon at the very earliest. Everyone else is free to go at this point except for Ms. Farmer andMr. Singleton. MR. VINES: Judge, are you aware if there is a witness-sequestration room? THE COURT: I don't thinkthere is one available here. THE BAILIFF: There is a witness room, and it is over there.

closed. THE COURT: Okay. Thank you somuch. I'mgoing to ask if the door can be

THE BAILIFF: Absolutely. THE COURT: Thank you. Mr. Honeycutt, let's talk about the three exhibits. There's been a motion to admit C-1, C-17, and C-18. Do you have any objection to admit, at this time, C-1 which is the February 15, 2013 Respondent request for hearing that you filed on behalf of your client? MR. HONEYCUTT: No objection, your Honor.



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### 25 THE COURT: C-1 is hereby admitted.

(Whereupon, the document was marked as C-1 for identification and admitted into evidence.)

THE COURT: What about Exhibit C-17? C-17 is apparently entitledAppendix BTable Sanctions, andbefore I ask you for your response, Mr. Honeycutt, letme turn backto Mr. Vines.Mr. Vines, howmuch ofAppendix B

### Table of Sanctions is actually included in C-17, is it the full unabridged copy or is it simply a partial copy of that regulation? MR. VINES: Judge, it is the entire Appendix 

### Bthat is found contained in 

### FAA order 21538, and it is the most recent version. THE COURT: I'm sorry, it was the what version? 

### MR. VINES: Most recent version. THE COURT: Okay. So no editing, no strikes, no redaction, nothing? MR. VINES: No, Judge. THE COURT: Okay. Please site for us the citation again so that it is clear.



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### 23 24 25 MR. VINES: Yes, Judge. 2153B as inboy, Appendix B. FAA order

THE COURT: And where can that be found by the generalpublic? MR. VINES: Judge, inmy discovery, I believe in the initial disclosures that the FAA filed in this case, there is a reference or website reference towhere the public can find this order. Judge, I can pull that and actually give you the website if you would like, otherwise it is containedin the document that has been filedwith the Court. THE COURT: Pleasepull it and give it to us so that the record is perfected and ifMr. Honeycutt would like to look it up, he can. MR. VINES: Judge, it is a rather lengthywebsite address, but I'll attempt to go through it now. It is http://www.faa.gov/documentlibrary/media/order/21 50.3%20B%20w-chg%204.pdf. THE COURT: And, Mr. Vines, just so that it is clear, how would a responding party know about this other than knowing this particularwebsite address, is there something



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that notifies everyone where this is and why it is there or is this basically the onlyway the public is notified? MR. VINES: Judge, I can't give you a playby play as to what website to start with, but I will represent that by a simple search on Google, Yahoo, or one of the common search engines, you can type in this order No. FAA2153B and results will provide to you lengths to obtain this. Also, Judge, as ligative of the website address that I just referenced, it is contained

on the FAA Website. If you go to the FAA Website, you can navigate through it and look for FAA Enforcement Policies, and you will initially be able to come to this particular order. THE COURT: Thank you. MR. VINES: I'll represent to the Court that it is not obscure. THE COURT: Thank you. Mr. Honeycutt, any objection to the admission of Exhibit C-17? MR. HONEYCUTT: No, ma'am. THE COURT: There being no objection, Exhibit C-17 will be admitted.



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----- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, the document was marked as C-17 for identification and admitted into evidence.)

THE COURT: And then let's talk about C-18, Mr. Vines, for a moment. Can you describe Exhibit C-18 for us? MR. VINES: Judge Exhibit C-18 is an exert again from FAA Order 2153B. entire Chapter 7 of that order. It is the

THE COURT: And is this accessed with the same website that you just read into the record for Exhibit C-17? MR. VINES: Yes, Judge. THE COURT: And is it also available to the publicby a general search either on the FAA Website or by a Google search? MR. VINES: Yes, Judge. THE COURT: And what relevance does Exhibit C-18 have to this proceeding? MR. VINES: C-18 again is an exert from the order, specifically Chapter 7, this references theAgency's Sanctions, Guides and Policies. It is a reference to the different



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mitigating or aggravating factors that the FAA

uses when calculating or proposing a civil penalty, Judge. THE COURT: So this is essentially something that will be utilized or referenced in the testimony the FAA will present regarding the proposed penalty in this case? MR. VINES: Yes, Judge. THE COURT: Mr. Honeycutt, any objection to the admission of Exhibit C-18? MR. HONEYCUTT: No, ma'am. THE COURT: Exhibit C-18 is hereby admitted.

(Whereupon, the document was marked as C-18 for identification and admitted into evidence.)

THE COURT: Mr. Vines, does that finish up your motions in limine at this point? MR. VINES: Yes, judge. THE COURT: Thank you so much. Mr. Honeycutt, turning to you, do you have any motions in limine that you would like to address for the Court before we call witnesses?



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HONEYCUTT: No, your Honor. THE COURT: Okay. Mr. Vines had indicated a brief interest or an interest in doing a brief opening, do you have any interest in doing an opening now or would you like to

reserve that until the presentation of your case in chief? MR. HONEYCUTT: I would reserve my right. THE COURT: So reserved. Mr. Vines, would you like to take a minutes to do a brief opening? MR. VINES: Yes, Judge. THE COURT: Okay. Thank you. MR. VINES: Judge, the Respondent, Worldwide Aircraft Services, has admitted paragraph two of the complaint, which alleges that the Respondent was and is currently the holder of an Air Carrier Certificate No. few

W50A880L. As a result, the Agency will show that the Respondent is authorized by the FAA to conduct Part 135 Operations and is subject to the regulations therein. The Respondent admitted that on or about May 3, 2009 operated Civil Aircraft N90LJ,



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a Learjet 250, as in dog, on the flight from T as in Tom, Das in dog, P as in Paul, Das in dog to MYAM; Mas inman, Y as in yellow, A as in alpha, Mas in man under Part 135, the Aviation Regulations. Judge, if I can pause, I just wanted to

-- if I can address the court reporter, sometimes it is my nature to talkvery quickly or perhaps mumble, if that is the case, please interruptme and informme of that so I can change my speed pattern. THE COURT: And the court reporter will notifyme if she has trouble, and I will let you know. I have found typically that if I have trouble, the court reporter has trouble. If you could identify what these initials are for TDPD and MYAM, that would be helpful. MR. VINES: Judge, those are airport codes, and the specific cities will be referred to throughout the testimony. THE COURT: I do understand they are airport codes, but what do they stand for, what cities are you talking about? I'll note that Ms. Farmer has addressed



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### 23 24 25 the Court.Ms. Farmer, youmay not address the Court. MS. FARMER: Oh, I can't? THE COURT: No, you can only whisper to Mr. Vines who is the official representative, but thankyou for your help. If you don't know, I'll simply look forward to hearing about it during the case in chief. Thank you. Go ahead. MR. VINES: As to count one, Judge, the Agencywillprove bypreponderance of the evidence that the Respondent, WorldwideAircraft Services, violated 14CFR135.21Alpha and 135.65C

as in Charlie. As to Part 135.21A, theAgencywill show that the Respondent violated the Federal AviationRegulation on or about May 3, 2009. An employee of the Respondent, Captain Brandon Plas, learned that CivilAircraft N90LJ sustained damage to its groundpower unit receptacle, which is also referred to as the GPU receptacle, but failed to document the discrepancy on Worldwide Aircraft's maintenance discrepancy form, which is requiredbyWorldwide's General Operations



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Manual, and as a result, is contrary to the regulation which requires Part 135 Operator's Flight Personnel use the General Operations Manual. The Respondent has admitted its General Operations Manual, Section E-3 which states the following, Judge

-- THE COURT: And, Counsel, I have a copy of your amended compliant, as well as the full complaint, and you don't need to read to me what that says.So I understand that there is a General Operations Manual that the Respondent may or may not have with the Sections E-3 and Section F-1 that are a particular importance. need to read those. Thank you. So you don't

MR. VINES: Judge, if it is okaywith the Court, I'll summarize those particular sections that require the company to document a mechanical discrepancy or a mechanical irregularity. Among several witnesses that will be testifying on behalf of the Administrator, you will hear from FAA Aviation Inspector Mike Singleton. Inspector Singleton holds an FAA



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 issuedAirframe-and-Power-Plant Certificate. He is expectedto testify about the damage to the GPU receptacle, specifically that the medal pin or pins inside the receptacle were found to be bent or damaged, which preventedthe groundpower unit to properly attach to the aircraft and that that damage constitutes a ''mechanical discrepancy'' and or ''mechanical irregularity." Judge, I'll also point out that the inspector's anticipated testimony has already been establishedby the hearings. I point your attention to FAA versus SundanceAir, Docket No. FAA-2004-17789. THE COURT: I'm sorry, could you repeat that, please, just the number. MR. VINES: FAA-2004-17789. THE COURT: Do you have a copy of that? MR. VINES: Yes, Judge. THE COURT: I would love to have a copy, and you can provide it to me right before the recess. MR. VINES: Yes, Judge. THE COURT: Do you have a copy for Mr. Honeycutt as well?



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. VINES: Yes, Judge. THE COURT: Okay. Thank you. MR. VINES: There, the Administrative Law Judge, Richard Goodwin, decided the Administrator 8 Hartisan, which is NTSB Order No. EA-3997 THE COURT: Well, Counsel, I'm going to stop you, you don't want to do argument right

now. That is reallymore of an argument. So I will ask you to give me and Mr. Honeycutt a copy of the FAA versus Sundance Air

case before we break for recess, but I would ask you to reserve your arguments about the law to closing argument. MR. VINES: Okay. THE COURT: If you have anything else that you would like to add to opening that you would like to prove with the witnesses and or with your exhibits, that would be great. MR. VINES: By virtue of the foregoing, including the testimony of Captain Brandon Plas,

as well as the testimony of Safety Inspector Mike Singleton, the Agency expects to show that Worldwide failed to document the discrepancy to the GP receptacle, and as a result, failed to



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 

### 17 18 19 20 21 22 23 24 25 ensure that its flight personnel used its General Operations Manual when conducting its operations, which is a violation of Part 135.21A. Similarly, Judge, the Agency will show that the Respondent violated Part 135.65C on or about May 7, 2009. Another employee of the Respondent, Mechanic Brian Fanning, observed damage to a non-structural section of the fuselage skin at the GPU receptacle on the same aircraft and that aircraft being N90LJ. Fanning chose to defer the damage at a later date, but did not record the deferral on aircraft maintenance log as required by Part 135.65C. Again, Inspector Singleton will testify to the damage of the fuselage skin constitutes a failure of malfunction of the airframe and when deferred for a period at a later time must be recorded in the aircraft maintenance log. The Agency will show that Worldwide violated Part 135.65C when the company deferred an action concerning a reported or observed failure of malfunction of the airframe and failed to record the deferral. THE COURT: So as I understand it from all of the pleadings that are in this file, as

For

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 well as your opening, you have two violations that you are planing to prove. One that occurred

on or about May 3, 2009, one that occurred on or about May 7, 2009, and you have a witness who will testify that the appropriate penalty pursuant to FAA policy is approximately $12,375? MR. VINES: That's correct, Judge. THE COURT: Okay. So two counts and

one total proposedpenalty. Do you have the first witness that you would like to call? MR. VINES: Yes, Judge, Brian Fanning. THE COURT: Officer, could you go and get Mr. Fanning? THE BAILIFF: Yes, Judge. MR. HONEYCUTT: Your Honor THE COURT: Yes, if you'll wait for just a moment, Mr. Honeycutt. Mr. Fanning, before you take a seat, could you raise your right hand. THE WITNESS: Yes. THE COURT: Do you swear to tell the truth and nothingbut the truth in this proceeding? THE WITNESS: I do.



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## 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BRIAN FANNING, after having been duly sworn, was examined and testified as follows:

THE COURT: Please take a seat. And before we start with your testimony, Mr. Honeycutt. MR. HONEYCUTT: Yes, ma'am. During Mr. Fanning's testimony, during cross, I would like to also be able to direct, be able to call himback as a witness for us -- if I could do both, cross and direct? THE COURT: Why don't we do this, the direct of the FAA and then your cross, and then

we can take up your motion to take a witness out of the order. MR. HONEYCUTT: Okay. THE COURT: So can you do that, will you be able to do that, do the cross of what you hear before we go to direct? MR. HONEYCUTT: Yes, ma'am. THE COURT: Mr. Vines, there has been a motion to take Mr. Fanning's testimony out of order, do you have any comment about that? MR. VINES: At this time no, Judge.

ForThe

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Okay. Before I make a ruling, Mr. Honeycutt, is it your intention to try and take all witnesses out of order, or is there some reason why we need to take Mr. Fanning's testimony? Why would you want to take it out of order? Itmakes the record a lot more difficult for appeal purposes. MR. HONEYCUTT: This is really between Mr. Plas and Mr. Fanning as the FAA's two witnesses that if I could cross and direct, I wouldn't have to call I believe after that. wouldn't have to present. THE COURT: Okay. MR. HONEYCUTT: I'm sorry, your Honor

-- I

THE COURT: Just so I know, we have a list of witness exchange which I have, and I know that you've identified almost

-- well, I should saymany of the same witnesses that Mr. Vines had identified. So of the witnesses that Mr. Vines has identified, are the only two that you are planning to call now in your case in chief are
nowMr. Fanning and Mr. Plas and not the other



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FAA witnesses? MR. HONEYCUTT: I will call the other witnesses, your Honor. I think that the meat of the case for the FAA lies on Mr. Fanning's testimony andMr. Plas' testimony. THE COURT: Okay. Is there some reason that they cannot come back for your own case in chief; is there some problem? MR. HONEYCUTT: No, ma'am. Mr. Plas I can't speak for, but Mr. Fanning

-- THE COURT: Let me check in because I don't want to start muddying the waters too soon because there is a lot of information that needs to come out. Mr. Fanning, are you not available for later on today or tomorrow as a witness? THE WITNESS: No, ma'am. THE COURT: Okay. Thank you. I'll note your motion to take testimony out of order, and I'm going to respectfully deny it at this point. I think it is going to be much

more efficacious ifwe take testimony in the order in which it shouldbe presented. So you're welcome to cross this witness

as you'd like and then to recall him for your own



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 chase in chief. If the FAA gets done before the end of the day today, maybe we can squeeze Mr. Fanning and Mr. Plas in right away so they don't have to come in tomorrow. MR. HONEYCUTT: Yes, your Honor. Thank you. THE COURT: Mr. Fanning, since you've been seated and presumptively are comfortable now, will you please state your name and spell your last name for the record. THE WITNESS: Brian Fanning, F-A-N-N-I-N-G. THE COURT: Thank you. Counsel, you may inquire. MR. VINES: Thank you, Judge. 16

- - - 17 DIRECT EXAMINATION 18

- - - - - 19 BY MR. VINES: 20 Q. Mr. Fanning, my name is Will Vines. I introduced 21 myself earlier. I'mrepresenting the Agency FAA in 22 this matter. I'mgoing to ask you some questions. If 23 you can't understandme, please askme to repeat the 24 question or if I mumble through it, please askme to 25 repeat the question. Please don't assume the question



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 I'm asking. Please make sure you've heardme and you 2 are clear in understandingmy question, please. 3 4 5 6 7 8 9 10 11 12 THE COURT: So that I can hear you to, Mr. Vines, could you speak up a little bit. THE WITNESS: I don't hear very well either. THE COURT: And you are welcome to use the podium if you'd like, but you are welcome to stayback there with your materials, but speak up, please. MR. VINES: Yes, Judge. THE COURT: Thank you. 13 BY MR. VINES: 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. 

### Q. A. Q. A. 

### Q. A. Q. A. 

### Q. A. Mr. Fanning, where are you employed? JET I.C.U. And is that also known as Worldwide Aircraft? Yes. How long have you been with the company? Almost seven years. And what do you do for the company? I'm the Chief of Maintenance. How long have you held that designation? Almost seven years. What are your duties as the Chief of Maintenance? Maintain the aircraft.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Q. Will you please go into more detail as bywhat 2 you mean, maintain the aircraft. 3 A. They are on a scheduled-maintenance program. 4 Every so many hours or calendar days, they have to 5 have maintenance performed on them. If anything 6 breaks, a non-routine item, I repair that also. I'm 7 responsible for ordering parts, keeping records, 8 anything that has to do with the aircraft. 9 10 11 12 Q. A. Q. A. And you hold an FAA Certificate; is that correct? Yes, I do. And what certificate is that? I hold anA-and-P License, 13 Airframe-and-Power-Plant license, and I also hold an 14 Inspector's Authorization in IA. 15 16 17 18 19 Q. A. Q. A. Q. A license in IA? Yes. And what does that allow you to do? Inspect the aircraft due to annual inspections. How long have you heldboth of those designations 20 and by those designations, I mean your A and P and IA? 21 A. My A and P since 1992, and I've hadmy IA for 22 just over two years now. 23 Q. Are you familiar with an aircraft by the number 24 of N90LJ? 25 A. Yes, I am.



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1 2 3 Q. Okay. MR. VINES: Your Honor, may I approach? THE COURT: You may. 4 BY MR. VINES: 5 Q. I'mgoing to show you what's been marked as 6 Exhibit C-10. If you could take a look at that for 7 me, please. Do you recognize that document? 8 9 10 11 12 13 14 15 16 17 A. Q. A. Q. A. Yes, I do. Did you prepare that document? Yes. Is that your signature at the bottom? Yes, it is. MR. VINES: Your Honor, at this time, I

move to admit Exhibit C-10 into evidence. THE COURT: Mr. Honeycutt. MR. HONEYCUTT: No objection, Judge. THE COURT: Exhibit C-10 is hereby 18 admitted. 19

- - - - - 20 (Whereupon, the document was marked as C-10 21 for identification and admitted into 22 evidence.) 23

- - - - - 24 BY MR. VINES: 25 Q. Do you recall having to inspect Aircraft N90LJ on



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 or about May 7, 2009? 2 A. Yes, I don't recall the date but yes. Q. Okay. How did that come about? 3 4 A. To be honest, I can't remember if it was a phone 5 call or if one of the pilots was at the hanger at the 6 time. Somebody asked me to go look at 90 Linda, 7 Julia, and they said there might be an issue with the 8 groundpower plug. 9 So I went out to the aircraft and looked at it. 10 Everything looked normal, went and got the ground 11 power unit, plugged it in, turned it on, turned the 12 aircraft on. Everything powered up normal. 13 Everything seemed to be fine, shut it down and told 14 them everything was okay. 15 Q. And that is in reference to what is calledthe 16 GPU receptacle? A. Correct. Q. What is the GPU receptacle? 17 18 19 20 21 22 23 24 25 A. It is where the groundpower unit plugs into the aircraft to provide electricity for the aircraft. Q. And a GPU unit? A. Ground power unit, correct. Q. And what is that? A. That is basically the power for the aircraft. It is like a generator. It is like an electric



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 generator. You plug it in and poof, it provides 2 voltage for the aircraft. 3 Q. Okay. And upon your inspection of the

-- and the 4 GPU receptacle is what is part of the aircraft; is 5 that a fair statement? 6 7 

### A. Q. Yes, that is a fair statement. And it was your observation that the GPU 8 receptacle was operating normally? 9 10 

### A. Q. Correct. Okay. Did you document

-- let me back up, in 11 your letter, referencing Exhibit C-10, you referenced 12 that there was an issue with the small piece of skin 13 just after the receptacle in the secondparagraph, did 14 you observe an issue with the airframe on that 15 aircraft while you were inspecting the GPU receptacle? 16 17 A. Q. No, not actually. Okay. Now in your statement it says, if I could 18 refer you to your statement, it says on the second 19 paragraph, ''After inspection of the aircraft, the 20 receptacle internal and external skin surfaces just 21 aft of frame 26 and the plug itself, I found a small 22 amount of damage to the non-structural section of the 23 fuselage skinjust aft of the receptacle." 24 25 

### A. Q. Correct. All right. Is it your statement today that your



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 statement that you wrote on June 16, 2009 is 2 incorrect? 3 4 5 A. Q. 

### A. Yes, to a point, correct. Okay. By to a point, what do youmean? The first letter that I had written on this 6 subject and given to Paul Kahler statedthat there was 7 no damage found to the aircraft whatsoever. His 8 response tome was, ''That's not what I want, that is 9 not going to fly. Give me what I want, and everything 10 11 

### will be fine. This will go away. This will just be a letter in your file for two years. It will be 12 internal, nothing will happen. Once that's ground, 13 this will all be over with." 14 

### So I was kind of new dealingwith the FAA, even 15 though I'vebeen anAP for a long time, I come from an 16 airlinebackground, but we didn't deal with the FAA 17 18 

### that often. he wants. So I felt fine. I'lljust give himwhat I'llput something down. I put it down, 19 handed it to himand he said, "that's better.'' 20 21 Here we're five years later, and we're in court anyway. So I shouldhave just stuckwith what I 22 originally gave him, which was a different letter than 23 what you're seeing here. Everything is the same 24 except for it said, ''No damage was found to the 25 aircraft. He didn't want that. He didn't like that.



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1 Q. Do you have a copy of that letter you originally 2 wrote? 3 

### A. No, the letter was written by hand, and then he 4 asked that it be put on company letterhead, which at 5 that time our secretaryLisa rewrote the letter. She 6 7 8 9 wrote both letters. She wrote the first one and the second one, of course, we threw it away. I didn't think this was going to be an issue. So the letter I'm sure was just tossed. I mean, this is five years 10 ago. 11 Q. Okay. Now it is true that a short time after you 12 inspected N90LJ on May 7, 2009, the GPU was repaired 13 on that aircraft, correct? 14 

### A. No, it wasn't repaired, it was replaced, but it 15 wasn't repaired. 16 17 MR. VINES: Judge, may I approach? THE COURT: You may. 18 BY MR. VINES: 19 Q. As the Chief ofMaintenance, you are 20 familiar with

-- as you testified earlier, you are 21 familiar with N90LJ? 22 23 A. Q. Correct. Which is an aircraft that JET I.C.U. uses for 24 Part 135 Operations? 25 A. Correct.

For

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Q. And as Chief of Maintenance, is it part of your 2 responsibility to maintain or review the aircraft 3 records? 4 5 6 A. Yes, I would say yes. MR. VINES: Your Honor, may I approach? THE COURT: Yes. 7 BY MR. VINES: 8 Q. I'm going to show you what's been marked as C-11. 9 Do you recognize that document? 10 A. Yeah, it was replaced. The receptacle was 11 replaced. That's what I just told you. 12 Q. Okay. Are you able to state whether or not that 13 maintenance entry is in the aircraft records of N90LJ? 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. It should be, yes. Okay. MR. VINES: Your Honor, at this time, I wouldmove to enter Exhibit C-11. MR. HONEYCUTT: No objection, your Honor. THE COURT: As I understand it, I need to have this witness qualify or testifywhether

or not he recognizes C-11, and I haven't heard that yet. MR. VINES: Okay.



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1 BY MR. VINES: Q. Do you again A. Yes, I recognize this, yes. Q. Okay. How do you recognize it? A. It's a log entry. It's part of the aircraft's log records. 2 3 4 5 6 7 8 9 Q. And that's a log entry for Aircraft N90LJ?

10 11 A. Correct. THE COURT: Exhibit C-11 is hereby admitted without objection. MR. VINES: Thank you. 12

- - - - - 13 (Whereupon, the document was marked as C-11 14 for identification and admitted into 15 evidence.) 16

- - - - - 17 BY MR. VINES: 18 Q. And, Mr. Fanning, what does that maintenance 19 entry indicate? 20 21 A. Q. That the receptacle was replaced. Does it reference any othermaintenance that was 22 done on the aircraft? 23 A. It says replaced GPO receptacle, replaced GPO 24 mounting brackets, reworked area below GPO receptacle, 25 all work is done in accordance withmaintenance.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Q. I'd like to turn your attention to Exhibit C-11, 2 No. 3. 3 4 A. Q. Yes. It says reworked area aft below GPU receptacle, 5 installed 2024-T3.040 doubler and filler, per 20/30 6 Series SRM Chapter so forth and so on, correct? 7 8 A. Q. Right. In your -- as a mechanic, are you able to 9 interpret what that means? 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Yes. And what does that

-- MR. HONEYCUTT: Your Honor, I object to the question. What is the relevance of the worked area aft the GPU receptacle? THE COURT: There's been an objection

on the grounds of relevance. Do you have a response? MR. VINES: Judge, it goes to show that that there was replacement to damage to the aircraft, which is what's in question. MR. HONEYCUTT: But, your Honor, the witness can't testify to what was done or not done. He can only testify to what he's done. You are asking him to

-- MR. VINES: That wasn't my question.



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: You address it to me. Mr. Vines, you may not interrupt Mr. Honeycutt when he is talking to me. MR. VINES: I'm sorry. THE COURT: So essentially, Mr. Honeycutt, we're talking about Exhibit C-11 and whether or not this witness has the ability to testify about what this means? MR. HONEYCUTT: Yes. THE COURT: Okay. That is my understanding of your objection. Mr. Vines, your response to that objection is what? MR. VINES: Is that I'mnot asking whether he is familiar or whether he made the repair, I'm asking him as a mechanic in his position of Chief of Maintenance if he is aware of what that means and what was done to the aircraft. THE COURT: Thank you. Your objection is noted and respectfully overruled. This witness has testified that he is familiar with the maintenance records and that part of his duty is to ensure that the maintenance records are filed. So I'm going to



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 allow the question and the answer. Sir, do you remember the question? THE WITNESS: Yes. THE COURT: You may answer. THE WITNESS: To me, the way I read it, is that he put a new receptacle in, a new ground-power unit in, and he put a doubler around that receptacle to strengthen it so it would be a re-enforced ground-power unit receptacle. You know, reworking the area around the receptacle is just to fit the doubler. So it couldbe anything, but I didn't do the work. This is five years ago, your Honor. don't remember what I had for breakfast this morning. THE COURT: I don't think there was a question opposed to you at that point, Mr. Fanning. So I'll respectfully strike that last statement. Thank you. MR. VINES: Nothing further for this witness, Judge. THE COURT: Thank you. Mr. Honeycutt, do you have any cross-examination? MR. HONEYCUTT: Yes, your Honor.



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1

----- 2 CROSS-EXAMINATION 

### 3

- - - - - 4 BY MR. HONEYCUTT: 5 Q. Mr. Fanning, the Exhibit C-11, do you still have 6 it? 7 8 A. Q. Yes. This log entry, does this constitute damage to 9 the aircraft? 10 11 A. Q. No, sir. Could this be considered and, inparticular, No. 12 3, an improvement to the aircraft? 13 14 A. Q. Yes. Okay. Now, you talked about your statement that 15 Mr. Kahler had you rewrite your letter? 16 17 A. Q. Correct. And the reason again for Mr. Kahler asking you to 18 rewrite the letter? 19 A. Because in the original letter I stated that the 20 aircraft was fine, and there was nothing wrong with 21 it. Again, his statement to me was, ''That's not going 22 to fly, you know, just give me what I want, and I'll 23 put a letter in your file internally. It will go away 24 after two years and unless you get in trouble in those 25 two years, it will just go away." I just said, ''Fine,

For

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 I'll just give you what you want.'' 2 The only thing I changed on it was basically I 3 put that there was a dent or something in the 4 aircraft. Aircrafts always have dents in them. They, 5 you know, they are all over the aircraft. 6 There wasn't a dent, but that was the onlything 7 I could think of that would appease him that, you 

### 8 know, he would say, ''Okay, that's good. You gave me 9 something that basically states I got you." So that's 10 what I did. 11 12 13 Q. A. Q. Your letter is dated June 16, 2009? Okay. Yeah, it is. So that letterwas written on June 16, 2009, is 14 your testimony? 15 16 A. Q. To the best ofmy ability yes, I guess. Did youmail the letter to the FAA or didMr. 17 Kahler take the letter? 18 19 20 A. Q. A. I honestly don't know. I think Paul took it. Okay. But I'mnot a hundredpercent sure, but he also 21 asked me to write it to Frank Schaefer, which I found 22 kind of odd. 23 Q. So the letter that Mr. Kahler told you to 24 rewrite, the letter is drafted to Frank Schaefer? 25 A. Correct.



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1 2 

### Q. A. 

### At the time Frank Schaeferwas who? At the time he was our primarymaintenance 3 inspector. 4 5 6 Q. A. 

### Q. Okay. And Paul Kahler was our? He was or OPS guy at the time. Let's go back to as counsel stated onMay 7th, 7 you inspected the aircraft? 8 9 

### 10 11 A. 

### Q. A. Q. 

### Okay. Yeah. I guess it was May 7th.

I really don't know. If you say so. Do you remember a Frank Schaefer or Inspector 12 Schaefer, Inspector Kahler, and Inspector Donahue, do 13 you remember them coming out for any kind of 14 investigation to that aircraft? 15 16 17 

### 18 19 20 21 22 23 24 25 A. Q. 

### Not that day, no. Okay. MR. HONEYCUTT: Your Honor, I don't have the exhibits marked as Respondent's Exhibit, do I? I want to bring in the witness, Inspector Schafer's statements and facts. THE COURT: Is this part of the FAA exhibit package? MR. HONEYCUTT: Yes, your Honor, 

### it is. THE COURT: Then I'll askMr. Vines if 

### he can provide that to you.



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1 2 3 4 5 6 7 8 9 

### 10 11 12 13 

### 14 15 16 17 18 

### 19 20 21 22 

### 23 24 25 

### MR. HONEYCUTT: Thank you. MR. VINES: I'm sorry, is the Respondent moving to admit this into evidence? THE COURT: I think he wants to use it in his inquirywith this witness. I haven't heard a motion to admit yet. MR. VINES: Okay. THE COURT: So if you wouldbe so kind to offer that to Mr. Honeycutt, andwe'll see what happens with it. MR. HONEYCUTT: Your Honor, I would

move to enter this as Exhibit C-6A and C-6B, which is the Complainant's exhibit. MR. VINES: No objection, Judge. THE COURT: Well, I need to know what they are, and I'mnot sure if this witness can qualify them or not. So I have C-6A and C-6B and these are apparently

-- this is, excuse me, a June 5, 2009 witness statementby a Mr. Frank D. Schaefer, an Aviation Safety Inspector for the FAA. You aremoving to admit that, Mr. Honeycutt, in your cross-examination of this witness? MR. HONEYCUTT: Yes, ma'am.



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 THE COURT: And I hear no objection from Mr. Vines? MR. VINES: No objection. THE COURT: Exhibit C-6A and B is hereby admitted with no objection.

(Whereupon, the document was marked as C-6A and C-6B for identification and admitted into evidence.)

THE COURT: You mayproceed. MR. HONEYCUTT: Thank you, your Honor. THE COURT: I'll know that Mr. Honeycutt has approached the witness andhas handed the witness Exhibit C-6A and B. MR. HONEYCUTT: Sorry, your Honor. 17 BY MR. HONEYCUTT: 18 Q. Around the second paragraph if you'll just read 19 that for me, please. 20 21 22 23 24 25 THE COURT: When you saythe second paragraph, Mr. Honeycutt, are you talking about page A or page B? MR. HONEYCUTT: I'm sorry, your Honor, C-6A. THE COURT: Thank you.



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1 

### THE WITNESS: June 4th? 2 BY MR. HONEYCUTT: 3 4 5 6 7 8 9 10 11 

### 12 13 

### 14 15 16 

### 17 18 19 20 

### 21 22 23 24 

### 25 Q. 

### Yes, please. MR. VINES: Judge, I'm going to object to the witness reading the paragraph of the statement. The document speaks for itself, Judge. THE COURT: There's been an objection

on the grounds that the document speaks for itself. Do you have any response, Mr. Honeycutt?MR. HONEYCUTT: Okay. Your Honor, I just want to publish the document. THE COURT: Okay. I'll note that the exhibit has alreadybeen admitted. Since there is no Jury, it is essentiallypublished tome, and I have itbeforeme, and I'mreading that paragraph silentlyto myself. I will sustain the objection. This witness does not need to read it to me, but are there questions that you would like to ask Mr. Fanning about this paragraph, or is there something to this paragraph that he can add to? MR. HONEYCUTT: Yes, ma'am. Inspector



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 Schaefer's statement talks about meeting with myself, Michael Honeycutt, Director of Operations Fred Judy, Chief Pilot, and Bill Honeycutt, Michael's father MR. VINES: Again, objection, Judge. THE COURT: Your objection is noted and respectfully overruled. I think this is a preliminary set up to a question. You may proceed. MR. HONEYCUTT: Thank you, your Honor, 11 and also that he met with otherpersonnel at 12 Worldwide Aircraft Services. 13 BY MR. HONEYCUTT: 14 Q. The question to Brian is, do you remember 15 Inspector Donahue and Schaefer at the hanger that day 16 doing an investigation? 17 18 19 20 21 22 23 24 25 A. No, I don't. MR. VINES: I would object, Judge. This witness has been asked this question and has answered. He said he didn't recall. THE COURT: Your objection is noted and respectfully overruled. I'll allow the witness to answer.THE WITNESS: I really don't recall. This is a long time ago.



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1 BY MR. HONEYCUTT: 2 Q. Did Inspector Schaefer ask you to write a 3 statement or a letter to you? 4 5 6 7 A. Q. A. Q. Inspector Schaefer? Yes. No. So it is your testimony that Inspector Schaefer 8 didn't discuss the GPU receptacle with you or ask you 9 to write a letter or statement or anything? 10 11 12 13 A. Q. A. Q. No. An Inspector Donahue? No. Only Inspector Kahler was the one that asked you 14 to write a letter? 15 16 A. Q. Correct. Okay. Would you have any thought as to why

-- 17 what's your opinion you believe

-- do you have opinion 18 why Inspector Kahler asked you to write a letter, 19 directed you to change the letter, and then directed 20 you to send the letter to Inspector Schaefer? 21 22 23 24 25 MR. VINES: I'd object to that, Judge. I don't think the witness is in any position to speculate as to the thought processes of any of the inspectors, specifically Inspector Schaefer. THE COURT: Objection sustained.



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1 2 3 

### You may reform the question to ask about what this witness knows or observed. MR. HONEYCUTT: Right. 4 BY MR. HONEYCUTT: 5 

### Q. You made a statement that it was oddthat Paul 6 Kahler asked you to write a letter to Schaefer, could 7 you expand on that? 8 

### A. Well, he was the primary operations guy. I 9 didn't understandwhy the primarymaintenance guy 10 wasn't involved if it was a maintenance issue and why 11 he wantedto, you know, why he wantedme to write this 12 letter, and why didhe so badwant me toput inthat 13 there was somethingwrong with the aircraft. 14 It was almost like they were settingus up for 15 something. It actually seemed like that tome at the 16 time, but, you know, like I said, "I was kind of new 17 dealing with the FAA and stuff." He toldme that I'll 18 just get a letter for two years inmy file and if I 19 didn't get in trouble, itwouldjust go away. 20 I just said that was the easy answer, just do 21 that and get it overwith, and here we're five years 22 later and this thing is still hauntingme. 23 Q. So again, it is your testimony that when you 24 inspectedthe aircraft onMay 7th or thereabout, did 25 you find damage to the aircraft?



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 A. 

### 2 3 4 5 6 7 8 9 10 11 

### 12 13 14 15 16 17 18 19 20 21 22 23 24 25 No. MR. VINES: Objection, Judge. Again, the question has been asked and answered. THE COURT: Your objection is noted and respectfully overruled. I'll allow it. Could you finish your answer, sir? THE WITNESS: Sure. No, when I went to the aircraft, it was fine. I plugged in the ground-power unit because that's what they saidthe issue was. I plugged it in, turned the aircraft on, turnedthe ground-power unit on, checked everything. The voltage was good. The ground-power unit was working. The aircraft was getting voltage at 28 volts. Everything seemed completely normal tome. Pulled thepower, pulledthe plug, shut it all down, toldthemwe're good. Nothing is wrong. We're okay. Nothingwas wrong. Everything was normal andthen shortly after all of this starts. MR. HONEYCUTT: I have no more. I



### reserve the right to call himback, your Honor. THE COURT: Thank you. Do you have anybrief redirect? MR. VINES: No, Judge.



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 

### 15 16 17 

### 18 19 20 21 22 23 24 25 THE COURT: I have one question to ask you, sir. You indicated that there needed to be

a letter from Mr. Kahler's conversation with you, what was the alternative if you didn't give him what he requested? THE WITNESS: That there would be a big drawn-out investigation is exactly what he told

me. So I just figured this was a simple way out. Let's just give him (inaudible) for not even doing anything wrongbecause I hadn't done anything, but it just seemed like the simple

answer. THE COURT: Why was a big investigation

a problem if you hadn't done anything wrong? THE WITNESS: Because I never dealt with the FAA before, and when you are licensed to do something, they canmake your life miserable or, you know, it just seemed like an easyway out. THE COURT: Thank you. Based on the Court's inquiry, Mr. Vines, do you have any final redirect? MR. VINES: No, Judge. THE COURT: Mr. Honeycutt, based on the Court's inquiry, do you have any final re-cross?



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HONEYCUTT: No, your Honor. THE COURT: Thank you, Mr. Fanning, verymuch for your testimony. If you could remain available for the Respondent's responsive

cases needed, but you are hereby excused at this time. THE WITNESS: Thank you. What about these documents? THE COURT: You canjust leave them there. Thank you. Mr. Vines who would you like to call next? MR. VINES: The Administrator would call Mr. Brandon Plas. THE COURT: While Mr. Plas is coming into the courtroom, Mr. Vines, starting with you, when would you like to take a short morning recess, or how long do you think Mr. Plas' testimony will last? MR. VINES: Probably about the same length as the previous, Judge. THE COURT: So we'll take a short

recess after the direct is done. MR. VINES: Yes. THE COURT: Mr. Honeycutt, would that



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 

### 20 21 22 23 24 25 

### be okaywith you? MR. HONEYCUTT: Yes. THE COURT: Before you take a seat, please raise your right hand. Do you swear to tell the truth and nothing but the truth in this proceeding? THE WITNESS: Yes, ma'am.

BRANDON PLAS, after havingbeen duly sworn, was examined and testified as follows:

THE COURT: Please take a seat. THE WITNESS: Thank you. THE COURT: When you are comfortable, please state your name and spell your last name for the record. THE WITNESS: My name is Brandon Plas, P-L-A-S. THE COURT: Thank you. Counsel, youmay inquire. MR. VINES: Thankyou, Judge.

DIRECT EXAMINATION

For

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1 BY MR. VINES: 2 3 4 5 6 Q. Mr. Plas, where are you currently employed? A. For a company called PremierAviation LLC. Q. What is PremierAviation LLC? A. It is a Corporate Flight Department. Q. And as a Corporate Flight Department, what 7 of activities does your employer engage in? A. Aircraft charger. type

8 9 10 11 12 13 

### 14 Q. A. Okay. And what do you do for PremierAviation? I'm a pilot. Q. Do you hold any FAA Certificates? 

### A. Yes. Q. What certificates do you hold? 

### A. ATP, Commercial-Flight Instructor, and 15 Instrument-Ground Instructor. 

### 16 17 18 19 20 Q. 

### A. Q. 

### A. Q. And how long have you been with PremierAviation? Two years, a little over. Do you serve as a captain or first officer? Captain. And when did you obtain your FAA issued 21 certificates? 22 A. I got my certificate in the summer of about 2008, 23 I believe. My CFI, my instructor's certificates in 24 2005, 2004, 2005. 25 Q. Okay. And that's the same for your



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1 instrument-ground instructor? 2 3 

### A. Q. Yes, same time. And it is my understanding that prior to 4 before getting anATP, you hold I would say a Junior 5 Level Pilot Certificate; is that correct? 6 7 

### A. Q. 

### Yes, Commercial Certificate. When did you obtain your Commercial Certificate 8 andby commercial, I'll refer to your Commercial-Pilot 9 certificate? 10 11 

### A. Q. Yes. Shoot, probably 2002, 2003. And before you held Commercial-Pilot Certificate, 12 didyou hold a Private-Pilot Certificate? 13 14 15 16 

### A. Q. A. 

### Q. Yes. And when did you obtain that? 2002, commercial was probably about 2003. Prior to working for PremierAviation, where were 17 you employed? 18 19 

### A. Q. 

### JET I.C.U. Is JET I.C.U. otherwise known as Worldwide 20 Aircraft Services? 21 22 

### 23 24 25 

### A. Q. A. Q. 

### A. Yes, sir. 

### How long were you employed with JET I.C.U.? Approximately five years. Andwere you employed in 2009 with JET I.C.U.? Yes.



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1 2 3 4 Q. A. What did you do for JET I.C.U.? I was a pilot. MR. VINES: Your Honor, may I approach? THE COURT: You may. 5 BY MR. VINES: 6 Q. I'm going to show you what's beenmarked as 7 Exhibit C-8A and C-88. Do you recognize those 8 documents? 9 10 11 12 A. Q. A. Q. Yes, sir. How do you recognize those documents? I wrote these documents. Is that your signature at the bottom of these 13 documents? 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes, sir. MR. VINES: At this time, I move to enter Exhibit C-8A and C-88 into evidence, Judge. MR. HONEYCUTT: No objection. THE COURT: Exhibit C-8A and C-88 is hereby admitted.

(Whereupon, the documents were marked as C-8A and C-88 for identification and admitted into evidence.)

MR. VINES: Your Honor, may I approach?



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1 THE COURT: Youmay. 2 BY MR. VINES: 3 Q. Mr. P1as, I will show you what's beenmarked as 4 Exhibit C-4A, C-4B and C. Take a minute to look at 5 those documents, please. Do you recognize those 6 documents? 7 8 9 A. Q. A. Yes. How do you recognize those documents? These are the flight logs used byWorldwide 10 Aircraft Services. 11 12 13 Q. A. Q. And did you -- did you fill out those documents? Yes. And is that your signature at the bottom of each 14 of those documents? 15 16 17 18 19 20 21 22 23 24 25 A. Yes. MR. VINES: At this time, the Administratormoves to admit C-4A, B, and C into evidence. MR. HONEYCUTT: No objection, your Honor. THE COURT: C-4A, B, and Care hereby admitted without objection.

(Whereupon, the documents C-4A, B, and Cwere marked for identification and admitted into



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1 2 3 4 evidence.)

BY MR. VINES: Q. Mr. Plas, did you have an occasion to operate 5 N90LJ for your employer, JET I.C.U., on May 3, 2009? 6 7 8 9 A. Q. A. Q. Did I have what? An occasion to operate. An occasion? I'll rephrase. Did you operate N90LJ as a 10 captain, as a pilot, on May 3, 2009? 11 12 

### A. Q. Yes. And did you operate that aircraft on a leg from, 13 referencing Government Exhibit C-4A, at the top of 14 that exhibit where it says Leg 3 from TDP to MYAM? 15 16 

### A. Q. Yes. And upon landing in the city or the airport with 17 the Airport Code MYAM, did you become aware of a 18 discrepancy with the GPU receptacle on that aircraft? 19 20 21 22 23 24 25 MR. HONEYCUTT: I object, your Honor, to that question. THE COURT: On what? MR. HONEYCUTT: Legal conclusion. THE COURT: There's been an objection

on the ground that it leads to a conclusion, and it is essentially leading.



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Do you have a response? MR. VINES: No, Judge. 1 2 3 4 THE COURT: Objection is noted and respectfully sustained. The question is leading. 5 Do you have another question for this 6 witness? 7 BY MR. VINES: 8 

### Q. Did you have an occasion to inspect the GPU 9 receptacle on N90LJ in MYAM? 10 A. I don't know what you mean by this occasion. 11 sorry, your verbiage. 12 Q. All right. Fair question. When you landed in 13 Airport Code MYAM, did you inspect, see, or observe 

### 14 the GPU receptacle on May 

### 3, 2009? I'm

15 A. Most of these questions

-- I mean, I'm going to 16 have to look at my statement justbecause of the time 17 on C-A and C-B, C-BA and B, according to my statement 18 19 20 21 22 23 24 25 THE COURT: Well I'm going to stop you before you look at your statement, Mr. Plas. your testimony essentially that you don't remember and you need to refresh your recollection? THE WITNESS: Correct. Is

THE COURT: Mr. Honeycutt, do you have



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1 2 3 4 5 6 7 8 any objection to this witness reviewing the statement that was previously admitted so that he

can refresh his recollection? MR. HONEYCUTT: No objection. THE COURT: There being no objection, you are welcome, sir, to review your statement to assist your testimony. THE WITNESS: Okay. Thank you. 9 Can you ask the question one more time, 10 please? 11 BY MR. VINES: 12 13 14 Q. A. Q. I'llbe happy to. Thank you. When you landed inMYAM, did you inspect, see, or 15 observe the GPU receptacle on N90LJ? 16 17 A. Q. According to my statement yes. And what did you find or what did you observe 18 when you looked at the GPU receptacle? 19 20 

### A. Q. That the plug

-- the GPU plug was not plugged in. And did you -- after determining that the cord 21 was unable to be plugged in, did you attempt to 22 ascertain the reason why you could not plug in the GPU 23 cord? 24 25 A. Q. I don't remember. Okay. I'm going to direct your attention to page



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### 3/5/2014

1 two of your statement. 2 3 4 THE COURT: Could you identify that by

an exhibit, Mr. Vines? MR. VINES: Yes, C-BB as in boy. 5 BY MR. VINES: 6 7 Q. The second full paragraph on that secondpage, take a minute and look through that, please. Does 8 that refresh your recollection? 9 

### A. It doesn't refresh my recollection. I can only 10 go bywhat it says. 11 12 Q. A. Okay. Andwhat does it say? The PIC tried and failed to plug in his GPU and 13 noticedthe pins were bent and that that was not 14 allowing the GPU plug into the aircraft. 15 16 17 18 19 20 21 Q. A. Q. 

### A. Q. A. Q. And the PIC, this is your statement, correct? Correct. And your reference to the PIC, who is that? That is me. And what does PIC stand for? Pilot in Command. Okay. And this statement was made or given to 22 Inspector Donahue on June 8, 2009; is that correct? 23 A. I don't remember. 24 Q. Or letme rephrase, you preparedthis statement 25 on June 8, 2009?



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1 2 A. 

### Q. Yes. And this was approximately one month after the 3 flight that occurred on May 3, 209; is that correct? 4 5 A. 

### Q. Yes. Okay. And is it fair to say that your 6 recollection of the event on May 3, 2009 was more 7 fresh in yourmind on June 8, 2009 than it is today? 8 9 A. Q. Yes. Do you recall after inspecting the GPU, whether 10 you calledbackto your employer to discuss the issue 11 that you observed? 12 13 A. 

### Q. I don't remember. If I can direct your attention to C-8B as inboy, 14 the fourth paragraph. Take a minute to review that, 15 please. Have you had an occasion to read that 16 paragraph? 17 18 A. 

### Q. Yes. Are you able to recall whether you contactedthe 19 D.O. and discussed the issue with the D.O.? 20 21 

### A. Q. I don't remember the phone call. And I'll pose the same question to you that I 22 asked earlier with regard to whether you contacted 23 the

-- well first let me ask you, what does D.O. refer 24 to? 25 A. Director of Operations.



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1 Q. And do you recall who the Director of Operations 2 was at that time? 3 4 

### A. Q. Michael Honeycutt. And it is your testimony today that you don't 5 recall specifically what the conversation was about? 6 7 

### A. Q. Yes. Again, I'll ask you the same question that I 8 asked you earlier, this statement that you wrote is 9 dated June 8, 2009; is that correct? 10 11 A. Q. Yes. And would yourmemory of the event that took 12 place on May 3, 2009 be more fresh in your mind than 13 it is today? 14 A. Yes. 15 Q. And do you have any reason to believe that your 16 statement here in Exhibit C-BB is incorrect? 17 18 

### A. Q. No. Do you recall what happened after you spoke with 19 the D.O. on May 3, 2009? 20 21 22 23 24 25 A. Q. A. Q. A. Q. Do I remember what happened? Uh-huh. No. Did you stay in MYAM that day? Not according to the flight log, no. What did you do; did you operate the aircraft?



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1 2 3 4 A. Q. A. Q. Yes. Where did you take the aircraft to? CYYZ is the airport I went to. Do you recall whether on May 3, 2009 after 5 observing the issue with the GPU receptacle, most 6 importantly the bent prongs and the (inaudible) 7 receptacle, did you contact the Director of 8 Maintenance for JET I.C.U.? 9 

### 10 A. Q. Again, I don't recall. Were you familiar with the

-- when you started 11 work at JET I.C.U.

-- when did you start at JET 12 I.C.U.; do you recall? 13 14 A. Q. Early 2007. Did you receive any training on JET I.C.U.'s 15 policies or operations procedures? 16 17 A. Q. Yes. Are you familiar with what is called the General 18 Operations Manual? 19 20 21 A. Q. A. Yes. What is a General Operations Manual? It is essentially the definition ofpermissions 22 grantedby the FAA for a particular operator. 23 Q. Were you ever instructedby JET I.C.U. that it 24 was your duty to follow the GOM? 25 A. Yes.



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1 Q. Okay. When you were employed with JET I.C.U., 2 did you have occasion to read the General Operations 3 Manual? 4 5 

### A. Q. Yes. If you saw a copy of it, do you think you would 6 be able to recognize it? 7 8 9 10 A. Q. I guess. Okay. MR. VINES: Your Honor, may I approach? THE COURT: You may. 11 BY MR. VINES: 12 13 Q. I want to show you what's beenmarked G-13A through G-130. If you can take a look at those pages 14 for a moment, please. 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Counsel, I don't believe I have any of the GExhibits or it is C, are you referring to C as in cat as opposed to G as in George? MR. VINES: Yes, Judge. I'll rephrase. I've shown the witness what has been marked as Exhibit C-13Athrough 0. Thank you for that correction, Judge. THE COURT: Thank you. Mr. Plas, do you need more time? THE WITNESS: No, your Honor.



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1 2 3 THE COURT: Mr. Vines, if you could continue, please. MR. VINES: Yes, your Honor. 4 BY MR. VINES: 5 Q. I want to direct

-- you've had occasion to look 6 at the document, correct? 7 8 9 

### A. Q. E-3. Yes. I want to direction your attention to paragraph

If you'll go to Exhibit C-13M as inman. I want 10 to direct your attention to paragraph E-3. Are you 11 familiar with the GOM's policy that any discrepancy 12 has to be documented in the aircraft's maintenance 13 log? 14 15 A. Q. 16 2009? 17 18 19 20 21 22 23 24 25 A. Yes. And you were familiar with that policy on May 3,

Yes. MR. VINES: If I could have the Court's indulgence, please. I maybe done with this witness. THE COURT: Mr. Vines, this may be a good time for us to take a five-minute recess in the morning and you can result withMs. Farmer and this witness can take a briefbreak. Mr. Vines, would five minutes be



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sufficient? MR. VINES: Yes, Judge. THE COURT: Mr. Honeycutt, five minutes? MR. HONEYCUTT: Yes, ma'am. THE COURT: We'll take our five-minute morning recess. Sir, you are still under oath. Will you pleasebe available to go back in the chair in five minutes. THE WITNESS: Yes, Judge. THE COURT: We can go off the record at this time.

(Whereupon, there was a recess taken.)

THE COURT: We're back on the record in the matter ofWorldwide Aircraft Services, Inc. This is Docket No. FAA-2013-0045. We've had approximately a 10-second

recess. We're back on the record. All parties previously identified are still in the courtroom. There has been a motion in limine byMr. Honeycutt off the record. Mr. Honeycutt, could you repeat that



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 now while we're on the record? MR. HONEYCUTT: Yes, ma'am. I would like you to direct the witnesses not to discuss any testimony or any part of the case amongst the witnesses.THE COURT: Mr. Vines, any objection? MR. VINES: Agreed, Judge. THE COURT: That motion in limine is respectfully granted. Mr. Vines, I'll ask you to provide that information to Mr. Fanning since he has already left the courtroom and is still a witness in the

case in chief of the Respondent. Mr. Plas, please do not discuss your testimony with anyone else. You're welcome to talk about the weather, any sport teams you want to talk about and so forth but not the testimony. THE WITNESS: Okay. THE COURT: With that, anything else we need to address before we go off the record? We'll have a five-minute recess.

(Whereupon, a brief recess was taken.)

THE COURT: We're back on the record in



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1 

### 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 14 15 16 

### 17 18 19 20 21 22 23 24 25 thematter of Worldwide Aircraft Services, Inc. This is Docket No. FAA-2013-0045. We've reconvened after a five-minute morning recess. All parties previously identifiedhave returnedto the courtroom. Mr. Plas has reseated himself in the witness chair. Sir, you are still under oath. Mr. Vines. MR. VINES: I have nothing further for this witness, Judge. THE COURT: Okay. Before I turn to Mr. Honeycutt, I do just have a few matters to address withMr. Plas. Mr. Plas, can you identify the cities, the initials that youpreviously testified stand for, for example, what does TDPD stand for; do you recall? THE WITNESS: I do not, Judge. THE COURT: Do you recall what any of these abbreviations stand for? These are contained in your statement that has beenmarked and admitted as Exhibit C-8.

for? THE WITNESS: I recognize BKV and CYYZ. THE COURT: And what do those stand



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 THE WITNESS: BKV is Brooksville, Florida and CYYZ is Toronto, Canada. THE COURT: Thank you. THE WITNESS: Yes, ma'am. THE COURT: Mr. Honeycutt, do you have any cross-examination of this witness? MR. HONEYCUTT: Yes, your Honor. If it please the Court, I can identify the identifiers. THE COURT: Well, you are not on the witness stand right now. We'll wait until you testify if no one else before you can say it. Do you have questions to ask this witness? MR. HONEYCUTT: Yes, ma'am. 16

- - - - - 17 CROSS-EXAMINATION 18

- - - - - 19 BY MR. HONEYCUTT: 20 Q. Brandon, in your written statement, which is the 21 Government Exhibit C-8A and B, during your flight, 22 referenced again on C-4A, you used the GPU in 23 Brooksville? 24 25 A. Q. I don't remember. You don't remember. Would you remember if you



### For

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 used it in the TJSJ? 2 3 A. Q. No. You don't remember, but in your statement at the 4 end of your statement, the very last paragraph, after 5 the passengers disembarked and plugged the GPU unit 6 and it worked correctly? 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. According to my statement yes. MR. HONEYCUTT: That's all I have for him, your Honor. THE COURT: I just need to make sure that the record is clear. When you are referring, Mr. Honeycutt, to this witness' statement, are you referring to Exhibit C-8? MR. HONEYCUTT: C-8B, in particular the last paragraph. THE COURT: Thank you. Mr. Vines, do you have any cross-examination? MR. VINES: No, Judge. THE COURT: Mr. Plas, thank you very much for your testimony. It appears you are also listed as a Respondent's witness, so you need to remain available for further testimony once the Respondent starts their case in chief. THE WITNESS: Yes, ma'am.



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1 2 3 4 5 6 7 8 9 10 11 12 13 

### 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: You're excused. Thank you. MR. VINES: Judge, if I may as to

-- THE COURT: Yes. MR. VINES: --Mr. Plas' requirement to stay, I did notify Mr. Plas that I did subpoena him and that I would use him for the Agency's

case in chief and toldhim at the completion of that testimony, I would release him. I don't know if that has any outcome or any indication or result on your decision, Judge, to make him stay through the rest of the hearing. THE COURT: It is my understanding that Mr. Honeycutt has also listedMr. Plas as a witness. Mr. Honeycutt, did you make private arrangements with Mr. Plas to be available to you, did you subpoena him, how did you obtain his testimony or his presence? MR. HONEYCUTT: I did not subpoena Mr. Plas. As I admitted in our pre-conference trial, I accept his statements, and I don't believe I will needMr. Plas, but I reserve the right to call himback. THE COURT: Did you make arrangements,



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 did you talk to Mr. Plas about him serving as a witness in your case in chief? MR. HONEYCUTT: No, ma'am. THE COURT: Okay. What I will do is I will give you five minutes to talkprivatelywith Mr. Plas about whether or not he is going to come back at your request. That certainly is your right to askhim. If you haven't servedhimwith

a subpoena, then you cannot compel him to come back. So if you want to take a minute or two to talkprivatelywith him out in the hallway. MR. HONEYCUTT: If you don't mind. THE COURT: Mr. Plas, you are excused. THE WITNESS: Thank you. THE COURT: Mr. Honeycutt has returned. Mr. Plas, you've been excused so you
are welcome to go unless Mr. Honeycutt has made arrangements for you to return. What is the status of that? MR. HONEYCUTT: We asked Brandon to remain around until

-- I don't think we will need him, but I will know by lunch. So we just asked himto remain 'til then. THE COURT: Okay. THE WITNESS: Thank you.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Before we call our next witness, Mr. Vines, I still need you to provide to me and to Mr. Honeycutt, a copy of the FAA

case that you referenced in your opening. Could you do that now until we move on to another matter? MR. VINES: Yes, Judge. THE COURT: Mr. Vines, who did you want to call next? MR. VINES: The FAA Administrator will call Paul Kahler, Judge. THE COURT: Thank you. I'll note that Mr. Vines has handedme

a copy of the decision FAA versus Sundance Air, Inc. both to Mr. Honeycutt and to this court. Thank you verymuch. Gentlemen, while we're waiting for Mr. Kahler to enter, I want you to be sure about the one-hour period of time for Mr. Honeycutt to interviewMs. Farmer off the record. We can talk about that before we recess for lunch. Mr. Kahler. THE WITNESS: Yes, ma'am. THE COURT: If you couldplease approach the witness stand. While you are



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 standing, I'll ask you to raise your right hand. Do you swear to tell the truth and nothing but the truth in this proceeding? THE WITNESS: I do.

PAUL KAHLER, after having been duly sworn, was examined and testified as follows:

THE COURT: Please take a seat. When you are comfortable, please state your name and spell your last name for the record. THE WITNESS: My name is Paul Kahler, K-A-H-L-E-R. THE COURT: Mr. Vines, youmay inquire. MR. VINES: Thank you, Judge. 16

- - - 17 DIRECT EXAMINATION 18

- - - - - 19 BY MR. VINES: 20 21 Q. 

### A. Inspector Kahler, where are you employed? At the Tampa Flight Standard District Office in 22 Tampa, Florida. 23 24 25 Q. 

### A. Q. And that's part of the FAA? 

### Yes, sir. And what's your title?



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### 1)870-8025

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 A. I'm anAviation Safety Inspector on the 2 operations side. 3 Q. As an Aviation Inspector of Operations, what type 4 of duties do you perform for the Agency? 5 A. It is divided into different categories, but 6 basically, general aviation for small carrier 7 operations is what I oversee with the primary emphasis 8 on compliance with regulations that apply to pilots or 9 in the air carrier business, the company, where the 10 pilots are concerned. 11 Q. Okay. And when you say air carriers, are you 12 referring to Part 135 Operators? 13 14 15 A. 

### Q. A. Yes, sir. What is a Part 135 Operator? A Part 135 Operator is an organization that holds 16 out to the public on demand as opposed to scheduled 17 and does a case-by-case charge with their customers as 18 opposed to sellingtickets in an airlineplace, such 19 as American Air and so on. 20 Q. So as a fair analogy, it is a taxi service but 21 using an aircraft versus using a car? 22 23 A. 

### Q. That's a simplified version, but, yes, sir. Do you do any surveillance or do you do any 24 surveillance of any air agencies or operators? 25 A. I would say onmy side of the FAA's job, that is



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 my primaryresponsibility, to surveillance or 2 compliance, tomake sure people are doing what they 3 say they'll do in their documents and theirmanuals. 4 Q. 

### In addition to oversight of Part 135 Operators, 5 are there any other specific air operators or agencies 6 that you survey or review? 7 

### A. I'vebeen doing this job for 18 years so the 8 assignments alter, but I have done people that do 9 agricultural spring. I've done people that do 10 helicopter operations. I've done EMS helicopter 11 

### operations. I've done general aviation. I've done 12 air shows, and I've done air carriers both small and 13 large. My latest one was an air carrier in St. 14 

### Petersburg. Ithad 66 aircrafts and 270 pilots 15 involved. 16 Q. 

### Let's talk aboutmanuals, aremanuals, generally 17 speaking, are manuals required of the Part 135 18 Operator? 19 A. 

### There is a definite fork in the road where that 20 is concerned. The regulations speak to the size and 21 scope of the operator to determinewhether themanual 22 is necessarywith that particular operation. 23 Normally small operations that have one pilot or 24 one captain only in the operationwhere it goes as the 25 operator andthe persons running the company is the



### For

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 same person, therefore a manual wouldn't necessarily 2 be necessary to tell himwhat he's already discovered 3 on his own. 4 If there is more than one employee operating for 5 the air carrier, then you would need a standardized 6 procedure within the company that is normally 7 controlled through the process of a manual that is 8 applied and acceptedby the FAA for the operator's 9 use. 10 Q. And as anASI, are you helping these air carriers 11 or agencies create or do you approve these manuals for 12 the air agencies or air carriers? 13 A. My job is specifically to accept those manuals 14 and request from the operator should they ask for my 15 opinion or ask for resources to help develop their 16 programs, I would also provide that. 17 18 19 

### Q. A. 

### Q. How long have you been with the FAA? Since 1998. Have you been in this position since you started 20 with the FAA? 21 22 A. I've always be in this position, but this is my second assignment. I was initially assigned in San 23 Antonio, Texas doing this. 24 25 

### Q. A. So same duties, but different location? Yes, sir, that's correct.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 

### Q. Prior to working for the FAA, where were you 2 employed? 3 4 5 A. 

### Q. A. United StatesArmy. What did you do for the United StatesArmy? I was a Flight-Standard's Instructor and a 6 helicopter pilot and a mission commander duringmy 20 7 years for the army. 8 

### Q. And what did you do, what was required of you 9 holding those two positions? 10 11 A. 

### I was a combat flight lead. I had flown missions into combat locations in separate countries. I've 

### 12 also been employed in (inaudible) of the United 13 States, again doing combat preparation for battalions 14 that are on a quicker action force for the United 15 States. 16 Q. 

### Did you work with the Flight Department for 17 helicopters? 18 19 A. 

### Yes, the Flight Standard's Department within those organizations I've worked with. I would say 20 easily the last 10 years ofmy career in the army, I 21 was always employed with the Flight Standard Divisions 22 of those units I was assigned in the army. That would 23 have beenmy career profession for my rank. 24 Q. 

### Going back to yourposition with the FAA, you 25 discussed that you had assignments to certain air

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 carriers or air agencies for oversight, et cetera, is 2 thatmy understanding of what you testified to 3 earlier? 4 A. 

### Yes, I hadbeen previously

-- ever since I've 5 been working for the FAA, I've been in oversight 6 positions for air carriers of some size or scope, yes. 7 Q. 

### And formerly within the FAA within your office, 8 you are assigned a specific certificate or a specific 9 air agency to oversee and to survey? 10 11 A. Q. 

### That's correct. And in your capacity as anASI for the FAA, have 12 you everbeen assignedto the Worldwide Aircraft also 13 known as JET I.C.U. Certificate? 14 15 A. Q. 

### Yes, sir, I have. And what type ofposition

-- let me ask you, when 16 you are assigned to a specific certificate, is there a 17 specific term or title that you are given? 18 

### A. Yes, the termwhen you are acting as anAviation 19 Safety Inspector employed with the oversight of an air 20 carrier, my title would have been Principle Operations 21 Inspector because the operations side of that 22 organizationwould have beenmy venue as opposedto a 23 Principle Maintenance Inspector or a (inaudible) 24 inspector which would have focused on their specialty. 25 Q. 

### So at one point you were the Principle Operations



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### 85 

### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Inspector for WorldwideAircraft? 2 3 4 5 6 7 

### A. That's correct. MR. VINES: Judge, for going forward, I'mgoing to use Worldwide Aircraft and JET I.C.U. interchangeably, if that's not already clearon the record. THE COURT: Thank you. 8 BY MR. VINES: 9 Q. 

### Do you recall when you were the Principle 10 Operations Inspector or known as POI for Worldwide 11 Aircraft? 12 A. 

### To the best ofmy recollection, sir, it was 13 probably starting in the beginning of 2009 and 14 extendedto some time to 2010. I believe I had 15 somewhere between 18 to 24 months in that position. 16 Q. 

### Are you familiar with the Administrator's report 17 againstWorldwide for violations of 135.65C and 18 135.21Aof the Federal Aviation Regulations? 19 20 21 A. Q. A. Yes, sir, I am. 

### How did youbecome involved in this case? The EIR in question is the one that I wrote 22 against the certificateholder back in I believe May 23 of 2009. There was an incident that occurred at JET 24 I.C.U. that involved an aircraft and a 25 ground-power-cart unit used to start the aircraft up.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 The incident was the result of what is called a 2 hot-line complaint. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Sir, I'm going to stop you, sir. You are going beyond the question. THE WITNESS: Okay. THE COURT: Counsel, you are welcomed to refer to the Respondent any way you wish, but you need to establish in evidence whether or not JET I.C.U. is actually an alternate name or why it would be applicable in this case. MR. VINES: Okay. THE COURT: In addition, if the witness refers to things by its abbreviations in this case, there shouldbe an explanation on the record as to what that means. MR. VINES: Thank you, Judge. THE COURT: You're welcome. MR. VINES: I do believe that it was established earlier in the testimonyby the first witness. THE COURT: Well, there's nothing that says that doesn't necessarily mean that this witness would agree. MR. VINES: Agreed, Judge. THE COURT: So if the witness is using



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 an abbreviation, he should explain what he means by it if you wouldbe so kind. MR. VINES: Thank you, Judge. 4 BY MR. VINES: 5 Q. Mr. Kahler, in your familiarity withWorldwide 6 Aircraft, do you know it to also operate under the 7 business name of JET I.C.U.? 8 9 A. Q. Yes, sir, I do. Andwhen you refer to the termEIR, what are you 10 referring to? 11 A. The exact words is an Enforcement something 12 system, but that EIR refers to the enforcement action 13 that air carriers have themplaced against themon 14 occasionby the FAA when they are either in non 15 compliance with a regulation or a (inaudible). 16 Q. Do you agree or disagree or do you know whether 17 EIR stands for Enforcement Investigative Report? 18 A. That sounds correct. Thank you. That is 19 correct. 20 Q. So you testified earlier that there was a 21 hot-line complaint, and if youwill again repeat what 22 that hot-line complaint was about. 23 24 A. Okay. The short version is there was a hot-line complaint filed withWashington, DC. It had to do 25 with an incident at JET I.C.U. where an aircraft had



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 departed allegedlywith a power cart still attachedto 2 the aircraft and that this power cart was destroyed in 3 the process of the aircraft leaving the ramp and 4 taking off for a flight. 5 Q. Are you familiar

-- have you been around these 6 power carts that you referred to? 7 

### A. I have seen this one in questionbefore as the 8 Principle Operations Inspector having conducted 9 previous surveillance, it hadbeenpointed out to me 10 before that this is the one that they were using. 11 12 Q. A. What is the purpose of this power cart? The jets that JET I.C.U. uses normally do not 13 have a self sustaining way of starting their aircraft. 14 Jets that do not have their own starters usuallyuse 15 an outsource, electrical source, an internal battery 16 or an airmatic start. 17 This particularjet, inmy recollection, it can 18 either use a battery internallyor it can use an 19 external cart. Normally the external cart is 20 preferredbecause of the amperage draw that is 21 required to start the engines. It immediately allows 22 the aircraft to depart without having to recharge 23 theirbatteries from start if they had used their 24 internal battery. 25 Q. You testifiedearlier that you had observed one



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 of the power carts; is that correct? 2 A. I am familiar with the power cart concept, and I 3 believe I recollect seeing a power cart similar to 

### 4 this one, if it is not the power cart before. Because 5 they have used this with, I believe more than one 6 aircraft, it was synonymous with their whole fleet. 7 They could have used this source of external power for 8 aircraft starts. 9 Q. And by they, you are referring toWorldwide 10 Aircraft? 11 12 A. Q. Yes, I am. Are you able to describe this power cart, what it 13 looks like? 14 A. It is a small-wield cart. It has what looks like 15 a box on it that I would assume is an inverter of some 16 sorts. I believe there is an external source where 17 you probably go into the hanger's power. This then, 18 through the inverter, changes it to the correct 19 amperage and voltage necessary for the aircraft and an 20 out cord would depart the cart going through the 21 aircraft toprovide a source and the amperage 22 necessary for the safe start. 23 

### Q. Physically are you able to describe to the judge 24 themeasurements, the approximate size of this cart or 25 compare it to somethingperhaps in this courtroom?

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 

### A. Your Honor, about the size of that podium, if you 2 cut it in half with a girth and height, it would be 3 similar to that size, your Honor. 4 5 6 7 8 THE COURT: Counsel, since this is a written record, only we have visuals, you will need to have some dimensions added to this witness' testimony. MR. VINES: Thank you, Judge. 9 BY MR. VINES: 10 Q. Inspector Kahler, are you able to provide a 11 height, width, and depth measurement to this cart or 12 this power-unit cart that you've referred to? 13 A. My estimate would be something about two-feet in 14 height, by two-feet in width, by three-feet in length. 15 Q. Thank you. And you testified earlier that this 16 unit has a plug, this power unit has a plug that plugs 17 into the aircraft? 18 A. Yes. The way that the power generatedby the 19 cart is transferred to the aircraft is through the 20 extension, like an extension cord wire to carry the 21 amperage to the aircraft for the start. 22 Q. Thank you. Do you know ifWorldwide Aircraft 23 holds anAir Carrier Certificate? 24 A. I know they do as being their previous principle, 25 but I don't think I can quote itbymemory what its



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 code is, but yes, theywere a Certificated Part 135 2 Operator when I was their Principle Operating 3 Inspector. 4 Q. If I showed you a copy of the Company's Operation 5 Specifications, do you know if you wouldbe able to 6 identifythose Operation Specifications? 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 

### A. I believe I could. MR. VINES: Your Honor, may I approach? THE COURT: You may. MR. VINES: Can I clear some of the exhibits? THE COURT: Why don't you hand themup to me, and I can take them. MR. VINES: Would you likeme to put these in order? THE COURT: No, I canjust put them up here as you see fit. MR. VINES: Thank you. THE COURT: Thank you. I'llnote that the witness area has been clearedof other exhibits. Counsel, you are free to proceed. MR. VINES: Judge, I'm going to hold onto this exhibit. It has not been admitted. THE COURT: If it has not been



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 admitted, then I do not need to see it. I'll note that Mr. Vines is returning to counsel table with Exhibits C-13A through 0, which was not moved for admission. MR. BOWEN: Judge, through what, your Honor? THE COURT: I'm sorry, there has been a questionbyMr. Bowen who is not the representative for this

-- MR. BOWEN: I'm sorry. THE COURT: Mr. Honeycutt, do you have

a question?

familiar.

approach. MR. HONEYCUTT: No, ma'am, we're

THE COURT: Okay. MR. VINES: May I approach, Judge? THE COURT: Mr. Vines, youmay

MR. VINES: The Administrator is going 20 to mark Exhibit C-2. 21 BY MR. VINES: 22 23 24 25 Q. A. 

### Q. A. Do you recognize this document? I do recognize this document. How do you recognize this document? It is the Air Carrier Certificate issued to



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Worldwide Aircraft bythe FAA identifying them as an 2 air carrier. 3 4 5 6 7 8 

### MR. VINES: At this time, the Administratorwouldmove to admit Exhibit C-2 into evidence, Judge. THE COURT: Any objection? MR. HONEYCUTT: No, Judge. THE COURT: Exhibit C-2 is hereby 9 

### admitted. 10

- - - - - 11 (Whereupon, the document was marked as C-2 for 12 identification and admitted into evidence.) 13

- - - - - 14 BY MR. VINES: 15 16 Q. 

### At this time, I want to show you Exhibit C-3A through C-3J. If you could take a look at those 17 documents, please. Have you had the occasion to look 18 through the documents? 19 20 

### 21 22 23 A. Q. 

### A. Q. 

### A. Yes, 

### I Do you Yes, I How do It is have. recognize these documents? do. you recognize these documents? the first part of the Operation 24 Specifications, a few extracts, but specifically I 25 recognize my signature on one of the pages.



### ForTheRecord,Inc. (301)870-8025-www.ftrinc.net-(800)921-555594 

### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 Q. Okay. And which page is that? A. That page, sir, I believe is A006-l, the management personnel ofWorldwide Aircraft. It has my 4 signature and Mr. Honeycutt's signature on it, which 5 is what put it into effect. 6 Q. And is that what references Administrator's 7 Exhibit C-3E as in echo? 8 9 10 11 12 13 14 15 16 17 18 A. Yes, sir, it does. MR. VINES: At this time, the Administrator would like to admit C-3A through C-3J into evidence. THE COURT: I'm going to reserve the ruling on that. This document has not been adequately identified. I've been given information that's the first part of the Operation Specification, but I don't know for whom. MR. VINES: Okay. 19 BY MR. VINES: 20 Q. Inspector Kahler, you said earlier that you 21 recognized these documents and you identified them 22 from excerpts from Operation Specification, you did 23 not name or reference the air carrier or certificate 24 holder for which these Operation Specifications are 25 issued to, do you know who these Operation



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### 95 

### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Specifications are issued to? 2 A. Based on these exhibits placedbefore me, I can 3 see that these are to WorldwideAircraft Services. 4 Theywere in the 2009 time frame, and these appear to 5 be copies of the correct op specs that wouldhave been 6 issued at that time to JET I.C.U. These are their op 7 specs to the best of my recollection of the documents 8 that are before me. 9 

### I see their identification, and at this point, 10 Whiskey 50 Alpha, I was unclear as to whether itwas 11 Whiskey 50 Lena orAlpha because there was a similar 12 operator with a similar code. Now that I see it, it 13 ismy recollection that this is, in fact, theirs as 14 well as Whiskey 50 Alpha. 15 Q. All right. So let's clarifythat, when you were 16 referringwhat to Whiskey 50 Alpha, what are you 17 referring to? 18 

### A. It is the certificate number. Some organizations 19 can have names that sound similar or use the same 20 words in different sequences. In order to ensure the 21 FAA's data, we have specifically all operators 22 identifying separately. We give themthese seven 23 digit, eight-digit identifies, and this one, to the 24 best ofmy recollection is, in fact, the one issued to 25 WorldwideAircraft Services, Inc.



### For

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Q. Is there a particular exhibit that you can 2 reference to inform the judge, if you can look at the 3 bottom of the page I'mreferencing to, there shouldbe 4 a Government Exhibit sticker on the bottomright-hand 5 corner, is there a specific sticker on the page that 6 you are referring to for the judge's clarification? 7 A. This appears to be Government's Exhibit C-3A 8 through J. As I look through each of them, I find the 9 same identifyingmarkings on the bottom of each page 10 identifyingthem as Operation Specifications issued to 11 Worldwide Aircraft Services, Inc., Certificate No. 12 W50A8808, and they are consistent. 13 Q. Okay. Now you referenced earlier, I think you 14 said you spoke, you misspoke earlier about a 15 certificate number, did I understand your testimony 16 correctly? 17 A. My recollection of the Whiskey 50 Alpha on the 18 bottomright-hand corner of the Operation 19 Specifications, I have had another operator with a 20 Wisky 50 and ithad a different fourth character 21 22 Q. A. Okay.

-- andbecause I was not certain if I was going 23 to see an L or anA, I wanted to make sure I looked at 24 the document and said, "Yes, I know for sure that that 25 is their correct identifier.''



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Q. A. Okay. I was just being conservative. MR. VINES: So at this time, Judge, the Administrator again wouldmove to admit Exhibit C-3Athrough C-3J. THE COURT: Mr. Honeycutt, any objection?MR. HONEYCUTT: I have no objection, your Honor. THE COURT: Exhibit C-3A through J is hereby admitted.

(Whereupon, the documents were marked as C-3A through C-3J for identification and admitted into evidence.)

BY MR. VINES: Q. We got sidetrackedhere, but I wanted to ask you, 19 these Operation Specifications authorizedWorldwide 20 Aircraft to do what? 21 A. Realizing this is not the complete set of 22 Operation Specifications, I'll take your question on 23 face value, these Operation Specifications start out 24 with identifying that possible authorizations that 25 might be available to this operator referred to as the



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### 98 

### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Table of Contents. 2 3 

### Q. A. 

### And if you'll reference please

-- C-3A andB, your Honor, are the indexes of 4 possible approvals that couldhave been issued. C-3C 5 is the vigilance of applicabilityidentifying 6 WorldwideAircraft Services, Inc's primarybusiness 7 address, as well as the kind of operations that the 8 last portion ofAlpha, A, what they are approvedto 9 do. 10 It goes down and tells us B, that these are their 11 effective dates. Cis where we come to the word JET 12 I.C.U. Many times operators are given DBA's, Doing 13 Business As, andthis company chose to have such a 14 DBA, and it is statedhere and approved in the op 15 specs. 16 Then the last one tells us that they are 17 authorizedto conduct flights under Part 91 for 18 crew-member training which is not unusual. Any time 19 they wouldnot be operating for hire, but doing 20 internal training or internal repositioning, that 21 wouldbe under Part 91, andwe recognize it as such. 22 That is C-3C. 23 Q. 

### Let me stop you right there, under paragraph Ain 24 Exhibit C-3C, what does that paragraph authorize 25 Worldwide to do?



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### 99 

### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 A. InAthat authorized themto conduct operations 2 in common carriage with 119personnel as approvedby 3 the FAR's under 11921A5, which gives themthe approval 4 

### to do it on demand, and the last portion of there 5 tells themthat theymust, at all times, provide this 6 

### (inaudible) appropriate for EconomicAuthority to the 7 

### Department of Transportation. 8 9 

### Q. Thank you. I want to take youback to your investigation of this case. Did you have an occasion 10 to obtain any statements from any of your colleagues, 11 any of the inspectors that work in your office, any of 12 theASis that work in your office? 13 

### A. Yes, sir, I was. Inmy case, we were drawn from 14 investigation fromMr. Donahue andMr. Schaefer. They 15 walkedme through the hot-line investigation. 16 

### 17 18 

### 19 20 21 22 23 24 25 MR. VINES: Judge, may I approach the bench? THE COURT: Youmay. MR. VINES: Can I have the exhibits? THE COURT: I'll hand the exhibits that

were previously taken away from the witness to Mr. Vines.MR. VINES: May I approachthe witness, Judge? THE COURT: Youmay.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 BY MR. VINES: 2 Q. I want to show you what's been admitted as 3 Exhibit C-6A and C-68. Do you recognize this 

### 4 statement? 5 6 A. Q. Yes, sir, I do. All right. And how do you recognize this 7 statement? 8 

### A. This is the statement during the hot-line 9 investigation on the incident in question that was 10 made by the Principle Maintenance Inspector with 11 regards to the facts of the case. 12 Q. And the PrincipleMaintenance Inspector that you 13 are referring to is Mr. Frank Schaefer? 

### 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. MR. HONEYCUTT: Your Honor. THE COURT: Mr. Honeycutt. MR. HONEYCUTT: I object. I haven't agreed to the admittance of this statement. THE COURT: You already have, sir. It

was earlier admitted during the testimony of

-- I

can tell you exactly who MR. VINES: It was Mr. Fanning. THE COURT: Mr. Honeycutt, you actually moved for its admission during your own cross. MR. HONEYCUTT: I did, your Honor. I



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 No problem.

6 Let me show youwhat's been 7 marked as Exhibit C-7A, C-7B, and C-9. 8 BY MR. VINES: 9 Q. So take a look at C-7A, C-7B and tellme if you 10 recognize these documents. 11 12 13 A. Q. A. Yes, sir, I do. How do you recognize these documents? This document is a statement by Inspector Donahue 14 in reference to his hot-line complaint. It was based 15 on the interview he had with pilots of the aircraft 16 andMr. Honeycutt it appears. 17 Q. And you reviewed that statement

-- you not only 18 reviewed it, but you included in your EIR; is that 19 correct? 20 21 

### A. Q. 22 C-9. 23 24 25 

### A. Q. A. Yes, that's correct. Let me show you what's beenmarked as Exhibit

I recognize this one as well. How do you recognize that document? This is a written response from a request from



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Mr. Donahue during the hot-line complaint from the 2 captain of the aircraft, Eric Price, to give his 3 account of that day's flight. I used this in my EIR 4 also. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. VINES: At this time, Judge, the Administrator wouldmove to admit Exhibit C-7A, C-7B, and C-9 into evidence. THE COURT: Mr. Honeycutt? MR. HONEYCUTT: Could I have a moment, your Honor? THE COURT: Sure. MR. HONEYCUTT: Your Honor, I have no objection to C-9, Eric Price's statement, but I object to C-7A and C-7B as the fact that Mr. Donahue will testify to his own written account. THE COURT: Mr. Vines, any response to the objection of the motion to admit Exhibit C-7? MR. VINES: I would argue, Judge, that Mr. Honeycutt has not shown why this particular exhibit shouldbe excluded as admitted through this witness. THE COURT: Well, I presume that a witness who testifies live is betterthan a witness who is not testifying at all.

For

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'll admit Exhibit C-9. I'll reserve ruling on Exhibit C-7 pending the testimony of Mr. Price.Is he planning to be calledby the FAA? MR. VINES: Excuse me, Judge, the FAA is not planning to call Mr. Price. THE COURT: Was he listed as a witness? MR. VINES: No, Judge. THE COURT: Okay. Mr. Honeycutt, let

me turn back to you, there apparently is not going to be any testimony presented live by Mr. Donahue, do you have any other objections that you would like to admit on the motion to admit C-7 other than the fact that his live testimonywould be preferred? MR. HONEYCUTT: Mr. Donahue is scheduled to testify. Mr. Price THE COURT: I'm sorry, I must have misstatedmyself. Mr. Vines, has Mr. Donahue been subpoenaed or is he being calledby the FAA during your case in chief? MR. VINES: The latter, Judge, he is being called. THE COURT: Then I will renew your



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1 

### 2 3 4 5 6 7 8 9 

### 10 motion once Mr. Donahue is on the stand. MR. VINES: Thank you, Judge. THE COURT: You're welcome.

(Whereupon, the document was marked

as C-9 for identification and admitted into evidence.)

BY MR. VINES: Q. 

### Inspector Kahler, you have Exhibit C-13 on the 11 stand; is that correct? 12 A. 

### No, sir, I don't seemto have C-13. I have 13 three, six, seven, and nine. 14 15 16 17 18 

### 19 20 THE COURT: Mr. Vines, you took it back to counsel table a little earlier. MR. VINES: I apologize. Thank you. I found it, Judge. Thank you. THE COURT: Okay. MR. VINES: May I approach, Judge? THE COURT: Youmay. 21 BY MR. VINES: 22 Q. 

### I want to show you what's beenmarked as Exhibit 23 C-13A through C-130. Do you recognize this document? 24 A. 

### Yes, this appears to be an excerpt from the 25 Worldwide Aircraft Services, Inc. General Operations



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Manual from 2007-2009 time frame I see based on the 2 dates on this bottom of the document. 3 Q. 

### Do those excerpts accurately represent themanual 4 as theywere in effect on or about May 7, 2009? 5 6 7 8 9 

### 10 11 

### 12 13 14 

### 15 16 

### 17 18 

### 19 A. 

### To the best ofmy recollection. MR. VINES: At this time, the Administrator wouldmove to admit C-13Athrough C-130 into evidence. THE COURT: Mr. Honeycutt? MR. HONEYCUTT: No objection. THE COURT: Exhibits C-13Athrough 0 is hereby admitted.

(Whereupon, the documents were marked as C-13A through C-130 for identification and admitted into evidence.)

BY MR. VINES: Q. You testified earlier, Inspector, that this is 20 the General Operations Manager? 21 22 A. Q. 

### 23 this? 24 

### A. 

### Yes, that's what it says on the front. What was the point ofWorldwideAircraft having

Basedon the size and scope of aircraft air 25 carriers, as I've stated earlier, once you get to a



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 certain amount of employees, the General Operations 2 Manual is necessary to provide standardized 3 instructions to employees on how to operate under 4 their Air Carrier Certificate. This appears to be the 5 manual used at that time for JET I.C.U.'s employees to 6 operate in accordance with their Operation 7 Specifications. 8 Q. Do you know whether this particularmanual is 9 required by the Federal Aviation Regulations? 10 A. For Mr. Honeycutt's size of organization at the 11 time, it was required. 12 Q. I want to direct your attention to paragraph E-3, 13 which is found in Exhibit C-13M as in Mike. 14 15 16 17 18 19 A. Q. A. Q. A. Q. I'm there. If you can take a moment to read paragraph E-3. E-3 states that I'm sorry, if you could just read it to yourself. I'm sorry. I'm complete. Did you consider this particular paragraph E-3 20 when formulating and preparing the enforcement 21 investigative report in this case? 22 23 24 A. I did. 

### Q. I want to direct your attention to paragraph F-1, which is found on Exhibit C-130. If you'll take a 25 moment to read that paragraph to yourself, please.



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1 2 3 4 5 

### THE COURT: Counsel, for my own avocation, tell me again what page this is on. MR. VINES: Paragraph F-1 is on Government Exhibit C-130. THE WITNESS: I'm ready. 6 BY MR. VINES: 7 Q. 

### Did you consider this particularparagraph for 8 purposes of preparing your EIR against Worldwide in 9 this particular case? A. I did. 10 11 

### Q. Didboth of those paragraphs require that, and 12 I'll referback to paragraph E-3 found on Exhibit 13 C-13M as inMike, this paragraph requires that 14 Worldwide document anymechanical discrepancy in the 15 aircraft-maintenance log, I guess which is also known 16 as aircraft-discrepancy form MX-02. 17 In your investigation, did you obtain or expect 18 to obtain any of the aircraft-maintenance logbook 19 pages or aircraft-discrepancy forms that showed an 20 entry of a discrepancy for an issue of the GPU unit on 21 N90LJAircraft? 22 A. I did. It wouldn't have been on theAPU, it 23 wouldhave been on the aircraft. This form is not 24 applicable to aircraft discrepancy. It is not anAPU 25 discrepancy.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Q. 

### Okay. And what didyour -- you said you 2 attemptedto obtain those particularmaintenance logs? 3 4 A. Q. 

### I did. And didyouhave any luck, were you able to find 5 any entries? 6 A. 

### Based onmy investigation and asking the air 7 

### carrier at the time for copies of the aircraft logs 8 

### pertinent to this time frame, I 

### was provided flight 9 logs, but therewere no MX-2 logs to be available to 10 be issuedtome. I 

### then had to assume that no MX-2 11 logs were generated if theywere not provided tome. 12 Q. 

### And what about direct your attention to May 7, 13 2009, there is evidence presented today that may or 14 may not have revealedthat there was damage, observed 15 damage to aircraft skin on N90LJ, did you attempt to 16 obtain anymaintenance records fromWorldwide showing 17 that that particulardamage to the aircraft skinwas 18 documented in the aircraft maintenance log or form, 19 MX-02? 20 21 22 23 24 25 A. To my recollection

-- MR. HONEYCUTT: Your Honor, I 

### have an objection. He is assuming that there is evidence of damage.

raised. THE COURT: There's been an objection Do you have a response?



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1 2 3 4 

### MR. VINES: Let me think, Judge. I'll rephrase. THE COURT: The objection is noted and renderedmoved. The objectionhas been 5 withdrawn. 6 You may rephrase. 7 BY MR. VINES: 8 Q. 

### Did you attempt to obtainmaintenance records 9 regardingN90LJ from the Respondent Worldwide Aircraft 10 and or aircraft-discrepancy forms, MX-02, from 11 WorldwideAircraft regarding any entriesmade into the 12 logbook or aircraft-maintenance logbook of N90LJ that 13 would have the date ofMay 7, 2009? 14 15 

### A. Q. 

### 16 that? 17 A. 

### I did. Andwhat did you find, what was the result of

There were, I would have to look at my actual 18 report, but I knew there were numerous flight-log 19 pages that represent dispatched aircraft flights of 20 this tail number that were from the time frame of the 21 incident happening in June. There was the date that I 22 believe the aircraft was sent for repair. That time 23 frame would have beenpertinent tomy investigation to 24 try and document what the aircraft's operations had 25 been since the day of the alleged incident until it



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 was repaired, that would have been part of my -- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HONEYCUTT: Objection to

-- THE COURT: There is an objection. Mr. Honeycutt. MR. HONEYCUTT: We move to have that striked, that testimony, because Mr. Kahler again is attempting to state that there was damage to the aircraft. THE COURT: There's been an objection

on the grounds that this witness has gone beyond the scope of the question and engaged in narrative. Do you have a response? MR. VINES: Judge, he was responding to my question. I asked if he sought to obtain any maintenance records or -- MR. HONEYCUTT: If he

-- MR. VINES: anymaintenance records

or -- THE COURT: I know what the question

was. I was here. Thank you. response to the objection? Do you have a

MR. VINES: The witness responded to my question, Judge. THE COURT: The objection is noted and respectfully sustained. The answer is stricken.



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1 2 3 4 5 6 7 

### It goes far beyond the scope of the question. The scope of the question involved, did you try to obtain, that is generally a yes or no response. Mr. Vines, would you like to ask the question again? MR. VINES: Yes, Judge. 8 BY MR. VINES: 9 

### Q. Did you attempt to obtain anymaintenance records 10 regarding N90LJ, includingMX-02 forms, that would 11 have been covering the dates of May 3, 2009 through 12 May 7, 2009? 13 

### 14 15 

### A. Q. 

### A. Yes, I did. And what did your investigation uncover? Without seeingmy report, flight logs from the 16 time frame that that airplane had flown between those 17 dates. 18 Q. 

### So is it your response that

-- let me backup, 19 when you requested those particularmaintenance 20 documents that I referred to earlier fromWorldwide, 21 what response did you get from Worldwide? 22 

### A. Theyprovidedme with aircraft dispatch or 23 logbook forms that showed flights on that aircraft for 24 the time frames that I requested. 25 Q. 

### I want to show you what's beenmarked as Exhibit



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 C-4Athrough C. Take a look at those, please. 2 

### A. Yes, these appear tobe the aircraft flight log 3 and loadmanifest relative to November 90 Linda 4 Juliette for the flights that were conducted during 5 this time frame. Q. And this time frame is what? A. May 3rdthrough May 14th. 6 7 8 Q. And you said earlier that you obtained those from 9 Worldwide Aircraft? 10 

### A. Yes, they were provided to me by Mr. Honeycutt at 11 my request. 12 Q. And did he provide anything else in response to 13 your request? A. No, sir. 14 15 Q. And those accurately reflect the documents that 16 were providedby Mr. Honeycutt to you upon your 17 request for aircraft-maintenance entries? 18 

### A. Yes, to the best of my recollection. Its been 19 years. 20 21 22 23 24 25 Q. Thank you.MR. VINES: The Administrator's Exhibit C-4 A, B, and C have already been admitted. would like to move to admit C-40 and E into evidence. THE COURT: Mr. Honeycutt, any



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1 2 3 4 objection?

Honor. MR. HONEYCUTT: No objection, your

THE COURT: Exhibit C-40 and E is 5 hereby admitted. 6

- - - - - 7 (Whereupon, the documents were marked as C-40 8 and C-4E for identification and admitted into 9 evidence.) 10

- - - - - 

### 11 BY MR. VINES: 12 Q. DidWorldwide Aircraft everprovide you any 13 maintenance documents regardingN90LJ upon your 14 request for those documents? 15 

### A. The document no. The documents that we just 16 covered in C-4 are the only documents I received. 17 Q. Specifically, when you requested those 18 maintenance documents, what were you looking for? 19 20 A. I was looking for any evidence of the aircraft's flights on the dates in question. I would have looked 21 for anymaintenance deferral, whether it was through 22 an equipment list or through a maintenance discrepancy 23 that would have documented the event that we were 24 looking towards in our hot-line investigation that had 25 to do with theAP being attached to the aircraft.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 MR. HONEYCUTT: Your Honor, if I may? THE COURT: Yes. MR. HONEYCUTT: Counsel keeps asking Inspector Kahler, did we provide what he requested, could the counsel or Mr. Kahler provide how he requested it? THE COURT: Well, you are welcome to address that in cross-examination if you'd like. MR. HONEYCUTT: Well, I object to counsel asking Mr. Kahler did he request maintenance records. THE COURT: Okay. I'll note your objection and respectfully overrule it. Counsel

can conduct his inquiry with some flexibility, but thank you. MR. HONEYCUTT: Okay. 17 BY MR. VINES: 18 19 20 21 Q. I want to show you what's beenmarked as Exhibit

MR. VINES: Your Honor, may I approach? THE COURT: You may. 22 BY MR. VINES: 23 Q.

-- Exhibit C-BA and e-BB. Do you recognize these 24 documents? 25 A. Yes.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 Q. A. How do you recognize these documents? I recognize these documents as copies of the 3 statement that Brandon Plas providedMr. Donahue on 4 Mr. Donahue's request for his hot line. I included it 5 inmy (inaudible), and I included it inmy enforcement 6 action. 7 Q. Did you consider that document, Exhibit C-8, as 8 part of your investigation? 9 10 A. Q. Yes, I did. Andbased on that document C-8, did you draw any 11 conclusions? 12 A. The conclusions would have been drawn through all 13 of these documents, this just wouldhave contributed 14 to my investigation. This document seems to 15 substantiate that the pilot was aware of the 16 17 18 19 20 21 22 23 

### 24 25 MR. HONEYCUTT: Objection. THE COURT: There's been an objection. What is your basis of the objection? MR. HONEYCUTT: Again, he is way beyond the scope.THE COURT: I'll sustain the objection. I think he is going into a narrative inquiry. You are welcome to continue. I'll strike the last part of your answer. You are welcome to continue with your direct.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 BY MR. VINES: 2 

### Q. My question to you, Mr. Kahler, was, did you 3 consider Exhibit C-8A and B as part of your 4 investigation? 5 6 

### A. Q. Yes, I did. Why did you consider that as part of your 7 investigation? 8 9 A. Q. It addressed events on the day in question. And were you able to form a conclusion based 10 solely on that exhibit in front of you, C-8A and B? 11 12 13 14 15 A. Q. 

### A. Q. A. Yes, I was. You were able to draw a conclusion? Yes. And what is that? When the pilot became aware of the GPO being 16 attached to the aircraft when he taxied out, that he 17 calledback to the company and reported it, and that 18 this was well aware to the company as well that this 19 event had happened. 20 

### Q. Were you able to determine whether or not the 21 problem with the GPO receptacle was documented? 22 23 24 

### A. Q. A. Yes, I could. And how was that? The pilot references the receptacle being 25 unusable at his (inaudible) stop.



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### Hearing WorldwideAircraftServices,Inc. 

### 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 

### 12 13 14 15 16 

### 17 18 19 20 

### 21 22 23 24 25 MR. HONEYCUTT: Your Honor, objection. Counsel again says damage to the aircraft. THE COURT: All right. I think there is a fundamental dispute between the parties as to whether or not damage could occur or didn't

occur. MR. HONEYCUTT: Okay. THE COURT: So I will sustain the objection.Mr. Vines, you are assuming facts that

are not in evidence yet. Frommy understanding, there has been two witnesses testifying before this witness and no one has asserted that damage has occurred. So if this witness is asserting that damage has occurred and he is testifying about it, you would need to have this witness testify about that so that it is in the record. Before we go on, I'll note that it is 10 to noon -- MR. VINES: Yes, Judge. THE COURT:

-- so we need to take a very briefmoment while Mr. Kahler is resting on the witness stand to talk about lunch recess and then have time for Mr. Honeycutt have a chance to



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 

### 18 19 20 21 22 23 24 25 talk to Ms. Farmer before she is presented. So, Mr. Vines, do you have any thoughts about how to do that expeditiously? MR. VINES: Judge, I would ask that I be allowed to accompanyMs. Farmer. THE COURT: Of course. You are welcome to. She is your witness, but you can't obviously interfere or instruct. You also should not be instructing her on how to answer questions, that kind of thing, similar to a deposition. Go ahead. MR. VINES: So with that, Judge, I'll refer to you, Judge, on time. Again, I don't know if, in fact, the Respondent does want to meet with Ms. Farmer. THE COURT: Well, it would be no more than an hour to the last court's directive, less than that if Mr. Honeycutt is satisfied. Can you advise the Court as to how many other witnesses you are planning to call today? MR. VINES: Judge, the Administrator plans to call two more additional witnesses today. THE COURT: And who might those be? MR. VINES: ASI Martha Farmer and ASI



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mike Singleton. THE COURT: Okay. How much longer, if you can estimate, would your direct examination ofMr. Kahler be? MR. VINES: Judge, probably, I would say it would take a majority of the afternoon. So if we return at 1:00, I would say 3:30 or 4:00. THE COURT: ForMr. Kahler alone? MR. VINES: Yes, Judge. THE COURT: And then how would you squeeze in Ms. Farmer and Mr. Singleton before 5:00? MR. VINES: I would anticipate, Judge, if I needed to, I would have time to go into tomorrow, Judge, to do that. THE COURT: If I recall

-- and I don't have the Mr. Honeycutt, howmany witnesses are you planning to call at this point? MR. HONEYCUTT: Two for sure and three possibly, your Honor. THE COURT: Okay. All right. Well since we onlyhave until 5:00 tomorrow, you may want to, Mr. Vines, see if you can condense Mr.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Kahler's testimonyjust a smidgen so that we can perhaps get one more witness of your's taken care of todaybefore 5. I'm not suggesting that you eliminate anything that is essential, but if you could kind of review what you are planning to do, that would be great. It sounds like what we'll need to do is

reserve Ms. Farmer for tomorrow, and what we can do this afternoon, when we close, is schedule the

one hour for the close of the time period today. I'll checkwith the court personnel. The Courthouse typically closes at 5, but people do stay pass that. I'm thinking that we should probably end at 4:30 today, that way we can give the parties from 4:30 to 5:30 to interviewMs. Farmer, and then Mr. Honeycutt could consult with Mr. Bowen or anyone else on how that interview went in conjunction with Exhibit C-17 and C-18 that have already been admitted. ThenMs. Farmer

can come back tomorrow and testify andhave Mr. Honeycutt feel a little bit more confident in whatever cross he wants to ask. In terms of a lunch hour, how much time do you usually like to take, Mr. Vines?



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1 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 14 

### 15 16 17 18 19 

### 20 21 22 

### 23 24 

### 25 MR. VINES: Judge, I'm fine with 30 minutes. THE COURT: That is way too little for the Court. I will askthe Court personnel how hard, how difficult it is to get in and out of the Court.Officer, if you could give us an idea? THE BAILIFF: There is usually no line at this time of day comingback in, but you have to go through the machines that you went through this morning. THE COURT: Right. Would itbe better, do you think, ifwe recessed at 12:15 and then

come back at 1:15, would thatmake it a little easier downstairs; wouldmost people be done by then? I don't knowwhat the calendar is like. THE BAILIFF: Everyone usually goes to lunch around 11:30, 12. THE COURT: And then when they take the

noon recess, do they come back at 1? THE BAILIFF: Usually. THE COURT: Thank you, sir. So ifwe move into recessing at 12:15, madam court reporter, would you be able to last until then?



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 THE COURT REPORTER: Yes. THE COURT: Mr. Vines? MR. VINES: Yes. THE COURT: Mr. Honeycutt? MR. HONEYCUTT: Yes. THE COURT: Why don't we do that, and

we can try and avoid the lines downstairs when everyone else comes back in. So with that, Mr. Kahler, thank you for your patience. We're going to continue your testimony for about another 18 minutes. THE WITNESS: That is fine, your Honor. THE COURT: Mr. Vines. 14 BY MR. VINES: 15 Q. Inspector Kahler, I asked you earlier, did you 16 consider Exhibit C-8A and C-8B as part of your 17 investigation. I want to direct your attention to 18 exhibit C-8B as inboy, the thirdparagraph down, 19 actuallythe second full paragraph from the top of the 20 page. 21 22 A. Q. I see it. In this particular statement, the PIC Brandon 23 Plas in his statement said

-- 24 25 MR. HONEYCUTT: Your Honor, he is leading. Again, the document C-8A and C-8B were



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 not admitted. THE COURT: Actually, Mr. Honeycutt, Exhibit C-8 in its entiretywas admitted. MR. HONEYCUTT: It was? THE COURT: Yes, earlier this morning, and it was without objection. I can tell you it

was during Mr. Plas' own testimony that the document was moved for admission and granted with

no objectionby you. So all of the material in Exhibit C-8 is available to this witness for testimony, but I will sustain the objection impart this witness doesn't have to read the document to the Court,

nor does the witness have to agree that what is written is written there. He simply needs to 16 draw some conclusions, if he may. 17 So I'll sustain the objection simply 18 for thepurpose of rephrasing the question. 19 Mr. Vines. 20 BY MR. VINES: 21 Q. In this statement, Inspector, Mr. Plas stated 22 that when he tried and failed to plug in the GPU, he 23 noticed that the pins were bent and that was not 24 allowing the GPU plug into the aircraft, did you 25 consider that particular statement as part of your



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 investigation? 2 3 4 A. Q. A. Yes. Why is that? It demonstrated a malfunction of the aircraft to 5 accept a receptacle, meaning it was unserviceable. 6 Q. Andmoving down to the fourth paragraph, Mr. 7 Plas, the pilot, made a statement that no write up was 8 completedbyhim at this time because of the GPU 9 outlet working properly at the previous two stops, did 10 you consider that particular statement as part of your 11 investigation? 12 A. I can saythe whole document was relative to my 13 investigation, yes. 14 Q. And in concert with the Respondent's General 15 Operations Manual, specificallyparagraphs E-3 and 16 F-1, specifically the ones that you and I discussed 17 earlier, were you able to draw a conclusion regarding 18 Mr. Plas' statement, as well as the General Operations 19 Manual? 20 21 22 A. Q. A. I was. And what was that? My conclusion is that the manual guides 23 procedures

-- 24 25 MR. HONEYCUTT: Objection. THE COURT: Go ahead.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HONEYCUTT: I object to the foundation. There is no foundation. THE COURT: Well Exhibit C-13 was admitted into evidence and was discussed by this witness earlier today. So what foundation objection do you have inparticular? MR. HONEYCUTT: Your Honor, he is making a conclusion of referencing the MX-02 was damaged based off of the statement. THE COURT: Okay. So essentially your objection is because he has not asserted in no way shape or form that the bent pins, which he identifies as unserviceable and a malfunction is not damage, that there is an insufficient corollarybetween the question and his testimony

so far? MR. HONEYCUTT: Yes. THE COURT: Mr. Vines, do you have any response? MR. VINES: Yes, Judge. I am asking the witness

-- THE COURT: I know what you are asking him. I want you to respond to the objection. MR. VINES: Sure. The objection is that's the answer by which-- the answer I expect



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 to elicit from the witness is exactly what the Respondent is arguing or objecting to Mr. Kahler testifying to. THE COURT: I'm going to sustain the objection. That actually is a nexus that y.ou need to bring out through this witness before he begins to talk about damage and the corollary with Exhibit 13, the General Operations Manual. So I suspect that you can address that fairly quickly with this witness, and you may proceed. The objection is sustained. 12 BY MR. VINES: 13 Q. Mr. Kahler, when you characterize the GPU 14 receptacle bent pins, you characterized those as 15 unserviceable, do you consider the bent pins and the 16 GPU receptacle ''damage'' to the aircraft? 17 18 19 20 21 MR. HONEYCUTT: Objection, it is leading. THE COURT: Your objection is noted and respectfully sustained. You can ask it as a direct question. This is a direct witness. 22 BY MR. VINES: 23 24 25 Q. Do you consider the bent pins damaged? MR. BOWEN: Same thing. THE COURT: Mr. Bowen, you can't speak



### For

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 

### 2 3 4 5 6 

### for Mr. Honeycutt. Mr. Honeycutt. MR. HONEYCUTT: Objection, your Honor, he is leading the witness tomake a certain kind of statement. THE COURT: It is sustained. 7 Aleading question is where the answer 8 couldbe yes or no as opposedto a direct 9 question which is a narrative. 10 Can you rephrase your question, please? 11 BY MR. VINES: 12 Q. 

### Mr. Kahler, how do you characterizethe bent pins 13 in the GPU receptacle? 14 A. The receptacle has a function for the aircraft. 15 

### Itmust be functional to do its purpose. If you 16 cannot connect the plug to the aircraft and that was 17 itspurpose, I'ddraw the conclusion that it is 18 malfunctioning and a failure of the unit. 19 Based on the statement of the pilotpreviously 20 where he says he believes he left the plug attachedto 21 the aircraft when he taxied off of the ramp, its 22 removal in that manner frombeing removed in its 23 normalmanner, I drew the conclusion that the 24 malfunction of theplugwas now a result of damage 25 done to the aircraft as a result of that occurrence.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Q. Would you consider the bent pins, not only 2 damage, but would you consider that a mechanical 3 discrepancy? 4 A. It would have been to the fact that the aircraft 5 was not manufactured or intended to have a receptacle 6 that could not be utilized, therefore it was unusable 7 based on the plug being removed in its unusual manner, 8 I would consider that damage. 9 Q. So I will re-ask you the question, in concert 10 withMr. Plas' statement along with what the law 11 applies with the GOM, did you draw any conclusions 12 based on those two documents? 13 

### A. The abnormality of the plug to perform its 14 function constituteda mechanical irregularity or a 15 discrepancy upon the aircraft would have been intended 16 tobe used and from a pilot's point of view, which is 17 not one of repairing or determining a repair extent, 18 but just will itperform its function or not where it 19 could not perform its function, that was a discrepancy 20 with the aircraft that shouldhave been written up, 21 passedto the maintenance people for their 22 determination to see if there was a malfunction on 23 behalf of the operator, on behalf of the aircraft, or 24 both. 25 Q. When you state shouldhave been written up, is



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1 there anyparticular authority that prescribes that 2 the bent prong, bent pins, in the GPU should have been 3 documented? 4 

### A. JET I.C.U.'s General Operations Manual gives 5 guidance on the pages you had referencedbefore in 6 paragraphs E-3 and F-1 that that recordis of the 7 responsibility of the person discovering the 8 

### malfunction, their ability and way of reporting it to 9 

### the Director of Maintenance is through the process 10 established in theirmanual, which is documenting on 11 the MX-02 form and that that forms purpose is to track 12 the discrepancy, as well as the repair, maintain that 13 the aircraft was maintained, and that there was a 14 status throughout the process of the determination by 15 the Director of Maintenance as to whether it was or 16 was not an error on this issue. 17 18 

### 19 20 21 22 

### 23 24 25 

### MR. VINES: Your Honor, may I approach? THE COURT: You may. MR. VINES: Judge, this next topic, I don't know if we can get through. I would probably recommend that we go ahead and take a break now. This is probably going to be a 15-minute topic. THE COURT: Well, I would actually like you to start. This way, if we take our breaka



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### 1)870-8025

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 

### little later, you andMr. Honeycutt and others will not have to stand in line for so long at the security level. So I think we want to use our time as best we can right now. Please continue. MR. VINES: Okay. May I approach the witness, Judge? THE COURT: Youmay. 9 BY MR. VINES: 

### 10 Q. Let me show you what's beenmarked as Exhibit 

### 11 C-10 which has beenmoved into evidence. Do you 12 

### recognize this document? 13 

### 14 15 A. Q. 

### A. I 

### do. How do you recognize this document? It is a statement made by employee Brian Fanning 16 at Worldwide Aircraft upon the request of Inspector 17 Frank Schaefer as part of his hot-line investigation. 18 Q. 

### And referencing paragraph two of the exhibit, did 19 you have an occasion to consider paragraph, excuse me, 20 the first sentence of paragraph two of Mr. Fanning's 21 

### statement as part of your investigation? 22 23 

### 24 A. 

### Q. A. 

### Yes. Why did you consider that? It is a documentation and the statement of the 25 mechanic that states that he did, in fact, find a



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1 small amount of damage to the non-structural section 2 ofthe fuselage skinjust aft the receptacle. 3 

### Q. Andbased on that particular statement, as well 4 as the lack ofmaintenance records that were produced 5 to you byWorldwideAircraft, didthat cause any 6 concern for you? 7 

### A. Mr. Fanning is a mechanic. As such, he owns an 8 Airframe-and-Power-Plant Certificatemaking him a 9 qualified person to determine damage to an aircraft, 10 something I do not hold inAP. 11 Based on this, I think this substantiatedthe 12 fact, from his respect of having a certificate to 13 being a mechanic, that there was damage to the 14 aircraft, therefore if there is damage to the aircraft 15 by the company's own Operations Manual, that damage 16 should have been recorded, (inaudible) and agreed, 17 acceptedby the operator of the FAA. 18 By the fact that I had askedMr. Honeycutt for 19 all the documents pertaining to my investigation on 20 the flights, which is C-4, no MX-2 documents were 21 provided tome when I requested these documents for 22 these time frames and lack of anMX-2 document being 23 presented, I made the assumption no maintenance 24 recordings were made because Mr. Honeycutt wouldhave 25 providedme withthe documents that I had asked for



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1 him. 2 Q. 

### There's been testimony today by Brian Fanning, he 3 testified earlier, and if I recall correctly the 4 

### testimony was, that you requested or that you 5 communicated with Mr. Fanning regarding this 6 particular incident that took place onMay 7, 2009 7 that is referenced in Exhibit C-10, do you recall 8 having any conversations withMr. Brian Fanning? 9 

### A. I don't recall. By looking at C-10, being that 10 it is addressed to Mr. Schaefer and not myself, I have 11 to make the assumption Mr. Schaefermade this request 12 of Mr. Fanning because he did not address the letter 13 tome. 14 Q. 

### There's also then a statement that they say about 15 Mr. Fanning that you contactedMr. Fanning, that 16 Mr. Fanningprovidedyouwith a statement, and you did 17 not like that statement. You asked him to provide you 18 with a second statement. Do you recall whether or not 19 that happening? 20 21 22 

### 23 24 

### 25 MR. HONEYCUTT: Objection, your Honor, leading. THE COURT: There's been an objection

on the grounds of leading. Do you have a response? MR. VINES: I would argue that it is



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 not leading, Judge. THE COURT: I'm sorry? MR. VINES: I would argue that it is not leading, Judge. THE COURT: I'm going to sustain the objection. It is leading. Any answer on the 7 record is hereby stricken. 8 You mayproceed with a new question to 9 ask this witness. 10 BY MR. VINES: 11 Q. Do you recall receiving two statements fromMr. 12 Brian Fanning? 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HONEYCUTT: Leading again, your Honor. THE COURT: It is again leading. The objection is sustained. MR. VINES: Judge, I would respectfully disagree with your determination. THE COURT: Thank you. MR. VINES: But I will attempt to rephrase. THE COURT: Thank you. Usually a leading question calls for a yes or no response. So if youwant to have questions geared so they

are a narrative response, not a yes or no



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 response. If you can, so try. MR. VINES: I'll do my best. THE COURT: Obviously there are some exceptions to that for (inaudible) matters or setting a stage for evidentiarymaterial to enter into the record, but I'mnot quite sure that we're there yet. 8 You can continue. 9 BY MR. VINES: 10 Q. There is testimony todaybyMr. Brian Fanning 11 that he produced to you two separate statements. Do 12 you agree with that testimony that was admitted to 13 today? 14 15 16 17 18 19 20 21 MR. HONEYCUTT: Objection, your Honor, leading. THE COURT: There's been an objection

on the grounds of leading. I'll sustain the objection.You may want to ask the witness what this witness does recall about his interaction with Mr. Fanning. 22 BY MR. VINES: 23 Q. Inspector Kahler, do you recall any interaction 24 with Mr. Brian Fanning during the course of your 25 investigation in this matter?



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 A. To the best ofmy recollection, I would have 2 notified the Mechanic Brian Fanning that

-- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HONEYCUTT: Objection, he is exceeding the question. MR. VINES: Judge, I'm going to object to the nature of

-- THE COURT: I'm going to stop you. MR. VINES: Sure. THE COURT: There's been an objection

on the grounds of beyond the scope of the question. Do you have a response? MR. VINES: No, Judge. THE COURT: Objection is noted and respectfully sustained. Part of the answer that goes beyond the scope of the question is hereby stricken, and it is the part of the question that starts to narrate the explanation. Mr. Vines, you were going to raise an objection of your own, do you have an objection at this point that you would like to raise to the Court? MR. VINES: Judge, again, as the Court has observed, Mr. Honeycutt is representing his company, however he does have an individual



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 assistinghimtoday. However, it has become apparent to myself that Mr. Honeycutt is becoming simply a conductor of the objections and or questions from his assistant, Mr. Paul Bowen, by which he is carrying on during the proceeding of this case.I would object to the manner in which Mr. Bowen is instructing Mr. Honeycutt as to how to object as to what questions to ask. Also, Judge

-- THE COURT: Counsel, could you face the Court when you are talking to the Court. MR. VINES: I'rn sorry. I would also object, Judge, that it is disruptive. On several occasions, it has become loud at the Respondent's table. I am unable to effectively ask my inspector questions, and he is not effectively able to answer my questions due to the nature, the noise and the distractions that are corning from the Respondent's table. THE COURT: What noise are you talking about? Since this court has beenpresent to, I'm not sure what you are referring to. MR. VINES: The conversations, the whispers.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Okay. So you can hear something that I haven't been able to hear? MR. VINES: Yes. THE COURT: Mr. Honeycutt, there's been

an objection to the conduct of you and your assistant during these proceedings. Do you have any response? MR. HONEYCUTT: Your Honor, counsel is not following the rules, and I'mobjecting to the rules, and he is having a hard time with that. ask that counsel follow the rules. THE COURT: There's also been an assertion that the conversations between you and your assistant are a little loud and are distracting, would you be able to conduct a more quiet dialogue with your assistant? MR. HONEYCUTT: I apologize to the Court, your Honor, we will try to be quieter. THE COURT: Okay. Thank you somuch. MR. HONEYCUTT: Thank you. THE COURT: Mr. Vines, I'll I

respectfully note your objection and overrule it, and you have chosen your assistant, Ms. Farmer, and you have spent some time in colloquywith her this morning, which is your right andprivilege.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Honeycutt has chosen Mr. Bowen as his assistant, and he to can spend some time with Mr. Bowen at his counsel table, which is his right and privilege. I have not

-- I do not share your perception that somehow Mr. Honeycutt's consultation is disruptive or distracting. I will, however, take into consideration that you

are a little closer to him than I. I will respectfully askMr. Honeycutt to lower his voice and conduct his conversations with Mr. Bowen more quietly. In terms of you, Mr. Vines, being unable to address questions with Mr. Kahler, quite frankly most of the objections raised by Mr. Honeycutt have merit, and the Court has sustainedmany of them. That is part of the process of the vigorous hearing. It does create

some disquiet on occasion when you have some questions that you want to ask and then find that you must reassess and try and ask them differently. I suspect that you'll have some objections whenMr. Honeycutt conducts his own inquiry, and the Court will take them with the



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 same careful consideration as it has this morning with Mr. Honeycutt's. It is now 12:18. It looks like it is time for us to have our lunch recess. Mr. Vines, will you be able to pickup about where you left off at this point when we reconvene, or do you need one or two more questions?MR. VINES: I'll pickup where we left off, Judge. THE COURT: Okay. Mr. Kahler, thank you verymuch for your testimony. You will need to return to the witness stand one hour from now so that we can continue. In the interim, I'll direct you not to discuss your testimony with any other party other than Mr. Vines and or Mr. Honeycutt. If Mr. Vines is present with you, there is always an opportunity to do that informally. Mr. Vines, and, Mr. Honeycutt, if you

see other witnesses before we recess for lunch, please be sure and let them know about the Court's directive about keeping the testimony privileged at this point in time.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 With that, I'll see you all back here in one hour at 1:20. We're off the record.

(Whereupon, a brief recess was taken.)

THE COURT: We're back on the record in the matter ofWorldwide Aircraft Services, Inc. This is Docket No. FAA-2013-0045. We've reconvened after approximately a 70-minute

recess. All parties have returned to the hearing

room and our witness, Mr. Kahler, has reseated himself in the witness chair. Sir, you are still under oath. THE WITNESS: Okay. THE COURT: At the time of our noon recess, Mr. Vines was in the process of direct examination. Mr. Vines, do you have other questions? MR. VINES: Yes, Judge. I will pick up 21 where I left off in an attempt to elicit the 22 testimony I was seeking earlier. 23 BY MR. VINES: 24 Q. Mr. Kahler, there was testimony provided todayby 25 Brian Fanning who is an employee ofWorldwide who is



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 an AP Certificate. He has also admitted in testimony 2 that he, in fact, didwrite and sign the statement 3 that is referenced as Government Exhibit C-10. He 4 also testified that he provided to you two separate 5 statements. Do you agree or disagree with that 6 testimony? 7 8 9 

### A. Q. 

### A. I disagree. Why do you disagree? I have no recollection asking him for another 10 statement

-- 11 12 13 14 15 16 MR. HONEYCUTT: Objection, your Honor, he is attempting to lead the witness again. THE COURT: I'm going to overrule the objection. It is leading, but I think it is more of a set-up question. I'm going to allow it. The answer I disagree will stand. The narrative 17 portion that followed that is stricken. 18 You're welcome to ask your next 19 question. 20 BY MR. VINES: 21 22 23 Q. Why do you disagree with that? A. I have no recollection of asking him for more than one statement. I don't have a real recollection 24 of asking him for the first statement. My course 25 my case, relied on this written statement that I



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 obtained from Inspector Schaefer, that's the one I can 2 say I have a recollection of the accounting of this 3 testimony fromMr. Fanning. 4 Q. So it is your position that you did not request 5 any statement fromMr. Fanning? 6 

### A. The statement, as I read it, is pertinent to 7 Mr. Fanning's actions. My purpose in this 8 investigation would have been to ask the Operator, JET 9 I.C.U. for documents. I don't see why I would have 10 asked the mechanic, I would have asked the Operator 11 for the statements such as I did for these flight logs 12 and loadmanifests. 13 Q. With that inmind, there was also testimony from 14 Brian Fanning that you rejectedthe first statement 15 that he produced to you because, in his first 16 statement, he denied

-- 17 18 19 20 21 22 23 24 25 MR. HONEYCUTT: Your Honor. THE COURT: Mr. Honeycutt. MR. HONEYCUTT: Leading again. MR. VINES: Judge, I would ask to be able to finish the question first. MR. HONEYCUTT: Well, it is leading. You are telling the witness what you want him to say. THE COURT: Well, I think given the



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1 2 3 4 5 6 7 

### fact that there was an agreedmotion to exclude witnesses from the hearing room, if this witness

-- ifMr. Vines wants to ask this witness about Mr. Fanning's testimonyto a certain extent, he has to summarize it for him. So I'm going to overrule the objection at this time. I'll askMr. Vines to complete his 8 question or perhaps to restart it, and then we'll 9 see if there is another objection. 10 Mr. Vines. 11 BY MR. VINES: 12 Q. 

### With your prior answer inmind, there was 13 testimony from Brian Fanning that he did submit to you 14 a statement prior to the one that stated or marked as 15 C-10 and that that first statement Mr. Fanning denied 16 that there was any damage to the aircraft skin and 17 because of that, you rejected that first letter that 18 Mr. Fanningprovidedto you and instead asked him to 19 produce this letter that's represented as Government 20 Exhibit C-10. Do you understandmy question? 21 22 

### A. Q. Yes, I will stick to my -- Andwiththat being said, do you agree or 23 disagree withMr. Fanning's statement? 24 

### 25 A. Q. I disagree. Why do you disagree?



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 A. I have no recollection of asking him directly for 2 his statement. 3 Q. With those answers inmind, again I'll ask you, 4 Mr. Fanning testified earlier today that if he did not 5 provide you with a second statement that you had 6 threatenedhim with a ''full investigation''. Do you 7 agree or disagree with Mr. Fanning's statement? 8 9 10 11 12 13 A. I disagree. Q. Why do you disagree? A. What I conducted was a full investigation. There's an EIR. I conducted the investigation. There is no full or half. It is what it is. Q. Do you have any reason to believe that the 14 statement referenced in C-10 is an untruthful 15 statement? 16 17 18 19 20 21 22 23 24 25 MR. HONEYCUTT: Your Honor. THE COURT: Yes. MR. HONEYCUTT: Leading again. He is asking is it true or not true. THE COURT: Thank you, Mr. Honeycutt. There's been an objection on the grounds of leading and within the scope of this witness' knowledge. Do you have a response? MR. VINES: Yes, Judge, I'm asking him ifhe has any external facts or bases to conclude



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 whether or not the statement byMr. Fanning exhibited in C-10 is truthful or untruthful. THE COURT: I'm going to sustain the objection on the grounds that it is leading. MR. VINES: Okay. 6 BY MR. VINES: 7 Q. Do you have any opinion, if any, as to whether 8 the statement in C-10 byMr. Brian Fanning is 9 truthful? 10 11 12 13 14 15 16 17 18 19 objection?MR. HONEYCUTT: Objection, your Honor. THE COURT: What's the basis of your

MR. HONEYCUTT: Again, leading, is it truthful or not. THE COURT: Sustained. MR. VINES: Judge, again, I'm attempting to ask the witness

-- THE COURT: I know what you are attempting to ask, Mr. Vines. I do know. You're 20 welcome to try again. 21 BY MR. VINES: 22 Q. Did you consider this statement that's referenced 23 in C-10 as part of your investigation? 24 25 A. Q. It was. And did it any way effect the outcome of your



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 investigation? 2 A. It substantiated a statement that I could use in 

### 3 reference to the occurrence that I obtained from the 

### 4 hot-line information being that it was signed and on 5 letterhead and addressed to the inspector of the FAA, 6 I felt it was credible and usable in my investigation. 7 Q. You felt it was credible, is that my 

### 8 understanding of your testimony? 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. MR. HONEYCUTT: Move to strike that, your Honor. THE COURT: On what grounds? MR. HONEYCUTT: Again, leading and credibility. MR. VINES: I'm asking

-- THE COURT: I'm going to stop you. I'm going to overrule the objection simply because it

was repeating what this witness already testified to, and the answer will stand. You're welcome to cross-examine. MR. HONEYCUTT: Yes, ma'am. THE COURT: Mr. Vines, do you have any other questions of this witness? MR. VINES: Yes, Judge.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 BY MR. VINES: 2 3 4 Q. 

### A. Q. Why did you find this statement tobe credible? Did I find it incredible? No, I'm sorry. I said, "Why do you find this 5 statement to be credible''? 6 

### A. It is a normal practice when someone signs their 7 name to a statement that what they're signing their 8 name to is their statement of an event. Otherwise, 9 whywould they sign it. 10 11 Q. 

### A. Thank you. I use that same logic withmany documents inmy 12 business. 13 14 Q. Thank you. Inspector, I want to direct your attention to Exhibit C-6A and C-6B. Is that on the 15 witness stand? 16 17 18 19 

### A. Q. 

### A. Q. Yes, sir. Have you had an occasion to view this document? Yes, sir, I have. And did you consider this statement as part of 20 your investigation? 21 22 

### A. Q. It was included inmy investigation. What, if anything, about the statement is 23 relevant to your investigation? 24 

### A. It chronologically states occurrences that were 25 documentedby the people that were involved, gathered



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 by Mr. Schaefer, the investigator, under the hat-line 2 complaint. 3 Q. And did this statement aid in your conclusion as 4 to whether damage occurred to the non-structural 5 section of the fuselage skin that was observed let 6 me back up, does this statement in any way age your 7 conclusion that damage occurred to the aircraft skin 8 of N90LJ? 9 10 11 12 13 14 15 MR. HONEYCUTT: Your Honor, objection, leading again. THE COURT: Sustained. MR. VINES: I'll rephrase. THE COURT: Thank you. BY MR. VINES: Q. What, if any, support did this document, 16 referenced in C-6A and C-68, aid to your finding that 17 damage occurred to N90LJAircraft skin? 18 A. The documents corroborate with the other items 19 approved in my case that an event occurred in a 20 certain sequence with certain people involved. It 21 supported that it chronologically documented the 22 events, and it help me understand what my 23 investigation was based upon and that it was relevant 24 to my investigation. 25 Q. Thank you.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 MR. VINES: Your Honor, may I approach? THE COURT: You may. 3 BY MR. VINES: 4 5 Q. This is marked as C-11. I'm going to show you what's been admitted into evidence as C-11. Do you 6 recognize this document? 7 8 9 

### A. Q. A. I do. How do you recognize this document? It was a document obtainedby Inspector Schaefer 10 during his investigation of the hot-line complaint 11 with regards to the repair applied to N90LJ in the 12 area of the receptacle and skin of the aircraft. 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And what, if any -- MR. HONEYCUTT: Your Honor, it doesn't say repair anywhere in that statement. THE COURT: Is that an objection? MR. HONEYCUTT: Yes, your Honor. THE COURT: What is the basis of your objection?MR. HONEYCUTT: That the document doesn't state repaired. THE COURT: I'll simply note that, and you are welcome to cross-examine. MR. HONEYCUTT: Okay. THE COURT: I'll overrule your



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 objection, and the answer will stand. 2 Mr. Vines. 3 BY MR. VINES: 4 Q. Inspector, what support, if any, did this 5 document aid you in your investigation? 6 A. It substantiated that the parts of the aircraft, 7 in particular, the GPU receptacle, mounting bracket 

### 8 and the skin area of N90LJ were, in fact, replaced or 9 reworked. 10 Q. Thank you. Are you familiar with an individual 11 named Brian Fanning? 12 13 14 A. Q. A. I am. How do you know him? Brian Fanning was an employee ofWorldwide during 15 the time I was their Principle Operations Inspector. 16 Q. And are you familiar with an individual named 17 Brandon Plas? 18 19 20 A. Q. 

### A. I am. How are you familiar with him? He was an employee of Worldwide Aircraft when I 21 was a Principle Operations Inspector for the 22 Certificate. 23 24 25 MR. VINES: Your Honor, may I approach? THE COURT: You may.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 BY MR. VINES: 

### 2 3 4 5 6 Q. I'mgoing to show you what's beenmarked as exhibit C-14A. Do you recognize this document? 

### A. I do. 

### Q. What is it? 

### A. This is the original

-- it is not the original, 7 it is a copy of the original because this one is not 

### 8 signed. The original wouldbe signed. 9 This is a copy of my letter dated July 7th sent 10 to Mr. Honeycutt informing him of my investigation of 11 an incident that occurred on May 3, 2009 involving 12 Learjet N90LJ. 13 Q. Is this what theAgency refers to as a letter of 14 investigation? 15 16 

### A. Yes, this is commonly referred to as a letter of investigation. It is the initial notification to an 17 operator that an investigationby the FAA is being 18 initiated. 19 Q. And youmentioned earlier that this is a copy 20 without your signature; is that correct? 21 

### 22 

### A. Q. Yes, sir, that is what I'mnoticing. Everything else on that document, would that be 23 the information or a copy of the letter that was 24 actually sent toMr. Honeycutt at Worldwide Aircraft? 25 A. Yes, sir.

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Q. Of course the exception being, this particular 2 document referenced in C-14A doesn't have your 3 signature? 4 A. The original would have went to Mr. Honeycutt. 5 That's why it isn't here. 6 Q. And also attached to that exhibit is a 7 return-receipt card; is that correct? 8 9 A. Yes, it documents that the letterwas sent and tracked. It has been signed for by some employee, 10 either byMr. Honeycutt or for Mr. Honeycutt at 11 Worldwide Aircraft Services, Inc. and returned to us 12 to show that substantiated delivery was made. 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. VINES: At this time, the Administratormoves to move Exhibit C-14A into evidence. MR. HONEYCUTT: No objection. THE COURT: There being no objection Exhibit C-14A is hereby admitted.

(Whereupon the document was marked as C-14A for identification and admitted into evidence.)

THE COURT: Just for my clarification, Mr. Vines, I have an Exhibit C-14B inmy



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 possession that shows a certified receipt, is that actually the original attachedto C-14A? MR. VINES: Yes, Judge. THE COURT: So we don't have a C-14B? MR. VINES: No, Judge. THE COURT: Okay. Thank you so much. 7 BY MR. VINES: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q. Do you recall whether you received

-- MR. BOWEN: Your Honor

-- THE COURT: Mr. Honeycutt, only you can speak. MR. HONEYCUTT: Right. I understand. THE COURT: Mr. Bowen, I'll remind you of that. Mr. Honeycutt, is there anything you need from the Court at this time? MR. HONEYCUTT: May I have a minute, your Honor? THE COURT: Sure. MR. HONEYCUTT: No, we're fine, your Honor. THE COURT: Thank you. Mr. Vines, you may continue. 24 BY MR. VINES: 25 Q. Sir, do you recall if you received a response



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1 fromWorldwide Aircraft from your letter of 2 investigation that you sent? 3 4 

### A. Q. 

### I have no record in response fromMr. Honeycutt. I want to talk to you for a minute about the 5 position of Director of Operation, what is that 6 position, first of all, is that position required of a 7 Part 135 Operator? 8 9 10 

### A. Q. 

### A. Of his size and scope, yes, it was. Byhis, you are referring to Worldwide Aircraft? WorldwideAircraft required a Director of 11 Operations is one of the three required Part 119 12 Management Personnel. 13 Q. And what is the purpose of a Director of 14 Operation? 15 A. Generally, it is tomonitor the dispatch, the 16 training, themanual, and the personnel of the company 17 to keep them operating in the course of the operating 18 specifications. 19 Q. 

### I want to ask you specifically about the General 20 Operations Manual, wouldthat be covered orbe 21 required of a Director of Operations with regard to 22 making sure employees were familiar with that? 23 24 

### A. Q. 

### Yes, yes. Do you recall during 2009 howmanypilots were 25 employedbythe Respondent?



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 A. I believe, yes. I can give details if you need 2 it. 3 Q. What would be

-- what is your recollection of the 4 number of pilots that were employedby the Respondent 5 in 2009? 6 A. I have found records of checkrides I 7 administered in 2009 to sevenpilots, being that they 8 are only required to be looked at byme every six 9 months. 10 Any time during that year, one of those six could 11 have left and went to another company, and I wouldnot 12 have been aware of that, but I have documented six 13 checkrides that were given during 2009 byme to 14 pilots that during that year were employed with 15 Worldwide Aircraft. 16 17 18 19 20 21 22 23 24 25 Q. Thank you.MR. VINES: Nothing further for this witness, Judge. THE COURT: Before I turn to Mr. Honeycutt for cross-examination, I would like you to address one thing. There has been repeated references during your direct of a hot-line complaint but its neverbeen explained, would you care to explain that in your direct?



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1 2 

### MR. VINES: I will, Judge. THE COURT: Thank you. 3 BY MR. VINES: 4 

### Q. Inspector, you referenced a hot-line complaint 5 earlier in your testimony, would youplease explain 6 for the Court what a hot-line complaint is and what 7 the response, theAdministrator, carries out after 8 receiving a hot-line complaint. 9 A. 

### In general, the programis providedby the 10 Federal Government to the citizens of the United 11 States shouldthey find some irregularity or a safety 12 concern that they figure needs attention from the 13 Administrator. 14 There is a vehicle or a mechanism through the 15 Internet to contact the FAA directly andmake this 16 complaint. This complaint goes from the Administrator 17 down to the respective FSDO. That wouldbe how the 18 jurisdictionof how the complaint was registered for, 19 and it normallyprovides an expeditious response by 20 the FSDO to investigate and respondback to the FAA 21 based onwhat their findings were, is it factual, is 22 it not, what is the rest of the storybased on the 23 complaint initiatedbythe public. 24 Q. 

### In this particular case, are you aware of what 25 the hot-line complaint was about?



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1 

### A. 

### In general, not having the hot-line complaint in 2 front ofme, I can'tbe specific. In general, it was 3 about this incident of the aircraft being taxiedwith 4 the GPU being attached to it andthe crew taking off 5 with the airplane unaware that itwas still attached 6 to the aircraft. That ismy generalization of it. 7 Q. 

### I believe earlier that you testifiedabout an 8 APU, am I correct inmy recollection? 9 A. It is an acronym of which the organization isn't 10 so fond of to beginwith, but it stands forAircraft 11 Power Unit, but the truth is anAircraft Power Unit is 12 normally a self contained, selfgenerated, normally 13 runbygasoline or some kind of fuel, and it works 14 independent. 15 I believe in this case, the correct termwould be 16 Power Cart because this requiredpower being fed to it 17 in order to change the power to the correct amperage 18 andvoltage to continue carryingpower to the jet, I 19 believe this was a power cart, not an auxiliary-power 20 unit. 21 22 23 24 25 

### MR. VINES: Nothing further, Judge. THE COURT: Thank you. Mr. Honeycutt, do you have any cross-examination of this witness? MR. HONEYCUTT: Yes, ma'am, I do.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: There's been an inquiry from Mr. Kahler. Do you need a recess, sir? THE WITNESS: Two minutes would really help. THE COURT: Why don't we take a five-minute recess. With that, we're off the record.

(Whereupon, a brief recess was taken.)

THE COURT: We're back on the record in the matter of Worldwide Aircraft Services, Inc. Docket No. FAA-2013-0045. We've reconvened after approximately a seven-minute recess. All parties previously identified have returned to the hearing room. Our witness, Mr. Kahler, has reseatedhimself in the witness chair. Sir, you are still under oath. Mr. Honeycutt, do you have any cross-examination? MR. HONEYCUTT: Yes, ma'am, your Honor, I do. THE COURT: Okay.

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1 

### 2 CROSS-EXAMINATION 3

----- 

### 4 BY MR. HONEYCUTT: 5 Q. 

### Mr. Kahler, I just want to clarify, you sent a 6 letter of investigationto WorldwideAircraft in 7 reference to the hot-line complaint that was received 8 andthat letter that you sent toWorldwideAircraft 9 

### was dated July 7th THE COURT: I believe it is Exhibit C-14. 10 11 

### 12 MR. HONEYCUTT: Thank you, your Honor. 13 Yes, ma'am, that is correct. 14 BY MR. HONEYCUTT: Q. 

### Do you have C-14A? A. 

### I do, sir. 15 16 17 Q. 

### So this is your letter andto summarize, it says 18 you are investigatingWorldwideAircraft for a 19 hot-line complaint? 20 A. 

### That is not quite exactly correct, no, sir. 21 letterwas my independent investigationbasedupon 22 manual procedures not being followed bythe This

23 Certificateholder. Itjusthappened to coincide with 24 the investigationthat was being done bythe hot-line 25 complaint.



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1 Q. 

### So could you elaborate what investigation did you 2 do from July 7th on? 3 

### A. Yes, I could. As a result ofmy understanding of 4 the hot-line complaint and as the Principle Inspector 5 for WorldwideAircraft Services, Inc., it came tomy 6 attention that through this activityprocedures ln the 7 manual were not being followed, and I initiatedmy own 8 investigation andmy own EIR, an enforcement action, 9 based on the companynot following theirmanual 10 procedures. 11 Q. 

### Okay. So your investigation was in reference to 12 the following of themanual? 13 14 

### A. Q. Yes, sir. 

### Not to the damage, the alleged damage, or the 15 alleged taking off of an aircraft with the ground 16 power attachment hooked to it? 17 

### A. My investigation, sir, was in reference to the 18 company following manual procedures of which a 19 maintenance discrepancy not recorded and the Operator 20 not requiring their employees knowingly to follow 21 those manual procedures, yes, sir. 22 Q. 

### And then

-- so you did no investigation on any of 23 the incident of the hot-line complaint in reference to 24 the aircraft allegedlydeparting with the GPU attached 25 to it?

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 A. It was contributory to my -- had that not 2 occurred, the not following ofmanual procedures, 3 would not have been applicable. So in the case of 4 that it was the event or required

-- 5 Q. I don't mean to interrupt you, but yes orno. 6 Did you do any investigation, referenced the hot-line 

### 7 complaint of the aircraft allegedly departing with the 8 GPU attached to it, did you do any investigation that 9 referenced that? 10 A. No, sir, I did not. 11 

### Q. You did not? 12 A. No. 13 Q. And it is your statement that your investigation 14 was around the company's personnel not following 15 company policy? 16 

### 17 A. Q. Yes. Okay. Mr. Fanning testified earlier that you 18 requestedhimto give you a statement referencing 19 that, were you at JET I.C.U. on June 16, 2009? 20 21 22 23 24 25 MR. VINES: Judge, I would object to the characterization ofMr. Fanning's testimony. I recall Mr. Fanning's testimony tobe that he asked, excuse me, Inspector Kahler askedMr. Fanning to provide a second statement regarding the damage to the aircraft, not regard to the



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 aircraft taking off with the GPU attached. THE COURT: Okay. I'm going to sustain the objection on the form of the question. I think there was a compound nature that I found difficult to follow. MR. HONEYCUTT: Okay. THE COURT: So I'll sustain the objection on the form of the question. I'll ask you to break that up a little bit better. MR. HONEYCUTT: Okay. 12 BY MR. HONEYCUTT: 13 Q. Well I'll start, Mr. Kahler, were you at JET 14 I.C.U. on June 16, 2009? 15 16 A. Q. I can't recall. Would that information be at the FSDO, would you 17 have to sign out and log out and log in if you were to 18 leave the FSDO? 19 20 A. Q. No, sir. So you can come and go freely, you don't have to 21 log in when you are on duty? 22 23 A. Q. Yes, that's correct. I can go freely. Okay. It is your testimony that you did not ask 24 Brian Fanning to write a letter referencing his 25 knowledge of any damage alleged to N90LJ?

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1 

### A. It is my recollection that I did not ask him 2 directly for any statements. I asked you for the 3 statements to provide them to us, if any. 4 Q. In your letter dated June 7th

-- didn't JET 5 I.C.U. and Worldwide Aircraft andmyself complywith 6 your requests? 7 

### A. You gave me the documents that I had enclosed as 8 items approved inmy enforcement case. They either 9 carne from you or they carne from the hot-line complaint 10 conducted in my office. 11 Q. So will you agree withme that the letter dated 12 July 7th doesn't request specific documents as example 13 MX-02? 14 

### 15 A. Q. Yes, sir, that's correct. Okay. And again, your background, Mr. Kahler, is 16 an aviation pilot, correct, you are not an authorized 17 power plant or an airframe mechanic? 18 A. I don't hold anAirframe or Power-Plant 19 Certificate. That is correct. 20 

### Q. 21 well? 22 23 A. 

### Q. And no Inspector Airworthiness Certificate as

No, sir, I do not. Therefore, you are not authorized to work on an 24 aircraft inmaintenance capacity? 25 A. That's correct, sir.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Q. Not been trained to do that? A. I have not. Q. All right.MR. HONEYCUTT: I think that's it, your Honor. THE COURT: Thank you, Mr. Honeycutt. Mr. Vines, do you any redirect based on the cross?MR. VINES: Yes, Judge.

- - - REDIRECT EXAMINATION

BY MR. VINES: Q. Mr. Kahler, do you hold any FAA Certificates? A. I do, sir. Q. What certificates? A. I holdAirline Transport Pilot Rating. I possess 18 a Ground Instructor Rating, Flight Instructor Rating, 19 an Instrument Rating, and a Helicopter Rating. 20 Q. And do you have any idea as to how many hours you 21 have in your file as to how many hours you have 22 operating an aircraft or helicopter? 23 24 25 A. In the excess of 8,000 hours. MR. VINES: Your Honor, may I approach? THE COURT: Youmay.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 BY MR. VINES: 2 Q. I want to show you what's beenmarked as C-12. 3 Do you recognize this document? 4 5 6 

### A. Q. A. I do. How do you recognize this document? This was another itemdocument I obtained from 7 Mr. Schaefer's hot-line investigation. 8 9 Q. A. And what is this document? This document is an e-mail from Mr. Kurt Handing 10 who is an AP. According to his statement below his 11 signature it describes, in narrative form, the support 12 to document C-11. 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HONEYCUTT: Your Honor, I move to strike that testimony. He has no knowledge of what Mr. Kurt Handing has done, his credentials

or even this piece of paper. THE COURT: There's been a motion to strike on the grounds that this is beyond the witness' knowledge, and I would simply also indicate some concern since it appears to be far beyond the scope of cross. Do you have a comment or response? MR. VINES: As I would argue, Judge, to the first part through testimony, expected testimony, I suspect that the inspector will



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 testify that this is a document he used and included as part of his EIR. I would also argue, as far as to the secondpart, that Mr. Honeycutt did ask the inspector about his credentials regarding his ability to maintain aircraft by way of asking the inspector if he holds an AP. I would also argue, Judge, that the inspector relied upon other experts or other individuals who maintain those certificates in formulating the inspector's conclusions as far as if there was any violation with the FAA Regulations. THE COURT: Okay. Can you tell me what the last question was; do you have the ability to do that?

(Whereupon, the last question was readback by the court reporter.)

THE COURT: Your objection is noted and respectfully overruled. I think this is within the scope of this witness' ability to basically identify what this document is and how he used it.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 I'm not so persuaded that it is within the scope of cross, but in essence, the cure for that wouldbe for Mr. Vines to ask to reopen his direct, and I would allow that because this witness has never left the stand. So I am going to overrule your objection. I will allow the question, and the question was, what is this document. THE WITNESS: This document is a e-mail 10 to Frank Schaefer from Kurt Handing. 11 BY MR. VINES: 12 Q. And is this document

-- do you consider this 13 document as part of your enforcement-investigative 14 process? 15 16 A. 

### Q. Do I have all of the items of proof in my EIR? Is there any document that would refresh your 17 recollection as to whether or not you utilizedthat 18 particular document in your EIR? 19 A. I do not see an item of proof stamp on the back 20 of the document which would have been a requirement to 21 put inmy EIR to account for themwhere as all these 22 other documents I see my item of proof stamp on the 23 back. Do I not have the original? 24 

### Q. Let me ask you this, Inspector, would you be able 25 to refresh your recollection if you see the exact copy



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1 that you included in your EIR, a copy of this e-mail 2 that you included in your EIR which may ormay not 3 

### have 4 5 6 7 8 9 

### 10 11 12 13 14 15 

### 16 17 

### 18 19 20 21 

### 22 23 24 25 

### THE COURT: Well, that's speculative, Counsel. I think that ifyou have a copy of it, show it to him. If you don't, then let'smove
on. MR. VINES: Your Honor, may I approach? THE COURT: You may. MR. HONEYCUTT: Your Honor, I request that if counsel is going to pull the EIR, to submit the whole EIRbecause I have not had this document. Therefore, ifhe is going to use the EIR, use it in whole. THE COURT: So noted. I appreciate that request. The request is respectfully denied. He can choose what to use orwhat not to use, but he must certainly show you a copy of what he is goingto show this witness. To that extent, I will grant your request to seal. MR. HONEYCUTT: The complete document? THE COURT: No, just thematerial that he wants this witness to review.



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1 2 3 4 5 6 7 8 9 

### 10 MR. HONEYCUTT: Your Honor, I would just object to the document that I've never seen this before. THE COURT: Well, so far I haven't heard anything about it. I'mgoing to need to hear some testimony about it before I hear your objection and the basis for it. Mr. Vines, would you care to approach this witness with the document youhave inhand? MR. VINES: Yes, Judge. 11 BY MR. VINES: 12 Q. 

### Inspector, I'mgoing to show you what's been 13 marked for identificationpurposes as C

-- I want to 14 approach and show this witness what's beenmarked as 15 

### Exhibit C-20. If you will, please take a chance to 16 reviewthat document, please. Have you had the 17 occasion to review the document that's beenmarked as 18 C-20? A. 

### I have. 19 20 21 Q. 

### Okay. After having viewed the document that's beenmarked as Exhibit C-20, are you able to do you 22 recall whether or not you utilized the document that's 23 beenmarked as C-12 as part of your 24 enforcement-investigative report? 25 A. 

### Yes, this is duplicate of C-12.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 

### Q. What bearing, if any, does Exhibit C-12 have on 2 your conclusion that you stated earlier that the 3 Respondent observed a failure in the aircraft skin but 4 did not document that issue? 5 A. What these two documents, C-11 and C-12 6 demonstrate

-- 7 8 9 10 11 12 13 14 15 16 MR. HONEYCUTT: Objection, your Honor, he is going beyond the scope. THE COURT: There's been an objection. It is sustained. This witness has been asked to talk only in terms of Exhibit C-12. If you can't form

an opinion based on the frame work of the question, say so. If you can answer the question, please do so. THE WITNESS: C-12 is a narrative to 17 the repairs of an aircraft preparedby Kurt 18 Handing. 19 BY MR. VINES: 20 Q. Did you utilize that document as part of your 21 investigative report? 22 23 24 25 A. Yes, it is

-- MR. HONEYCUTT: Objection. THE COURT: What is the objection? MR. HONEYCUTT: It is irrelevant to the



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 document and to the case. THE COURT: Any response? MR. VINES: I would argue that it is relevant, Judge. The Administrator has to show that damage has occurred. If you note on this document that there was some type of repair or maintenance, something was done to this aircraft. THE COURT: Well, it has been admitted before the Court. I am still taking testimony about it. MR. HONEYCUTT: Okay. THE COURT: Thank you. So far I have a statement from the witness that there is a narrative of repairs by a Kurt Handing and that is was helpful in his investigation. I don't know much more than that. So your objection, Mr. Honeycutt, is that it is not relevant to these proceedings? MR. HONEYCUTT: I would object, your Honor, that again counsel is trying to have the witness come to the conclusion by this entry that there was damage done to the aircraft. THE COURT: Why is that unacceptable? MR. HONEYCUTT: At the end of the day, Mr. Kahler, in his own testimony said that this



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is a written statement from Kurt Harding (sic) about work done on the aircraft, not about damage to the aircraft, only that Kurt Harding (sic) wrote this and said that this is work that he did to this aircraft inparticular. THE COURT: I see. So you are objectingmore to the form of the question as opposed to what potentiallythis witness will testify to? MR. HONEYCUTT: Yes, ma'am. THE COURT: Okay. Any response? MR. VINES: No, Judge. THE COURT: Okay. Your objection is noted and respectfully overruled. We've had testimony earlier today before our noon recess from this witness that he believedthat the aircraft was damaged. He described it in multiple terms including the malfunction, a lack of service ability, and so forth. That is one of the key disputes between the parties in this matter. I thinkwe're going to hear Mr. Vines repeatedly ask about damage because that is his position. You are certainlywelcome to



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25**cross~examine** this witness about that position,

as well as to raise other concerns about that position in your own case in chief, but at this point, I'm going to allowMr. Vines to refer to the repair in the terms that he and his witness have establishedby the evidence that they have utilized already. So your objection is noted and respectfully overruled. I'll simply note I understand that there's a dispute on whether or not it is actual damage or whether there has been a misunderstanding, misperception, or mischaracterizationby the FAA regarding that. MR. HONEYCUTT: Okay. That is the case, your Honor, with respect, it does not say repaired, it says was installed. THE COURT: Once again, this is not evidence that is before the Court yet because there has been no motion to admit. So I need to hear a little bit more from this witness, and itmaybe that the government won't move to admit it. I don't know at this point MR. HONEYCUTT: Okay. THE COURT: but I thank you, and



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 I'll overrule the objection at this point. Madam court reporter, what was the last question, please?

(Whereupon, the last question was read backby the court reporter.)

THE COURT: Okay. Mr. Vines, you may continue. 10 BY MR. VINES: 11 Q. Why did you consider this e-mail that's contained 12 in Exhibit C-12? 13 A. It demonstrates repair done to this particular 14 aircraft in direct correlation to the kinds of 15 unserviceable noted on this aircraft in ourprevious 16 statements of June 4th or 5th. 17 Q. And the previous statement that you refer to is 18 June 5th, what are you referring to? 19 A. I'm referring to the statement to Mr. Donahue 20 from the pilot that anAPU receptacle was 21 unserviceable. I'm referring to the interview 22 statement byMr. Donahue that an occurrence happened 23 with regards to the GPU

-- 24 25 MR. HONEYCUTT: Move to strike that the testimony is based on mischaracterization.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: I'm sorry, what? MR. HONEYCUTT: Based on mischaracterization. THE COURT: I'm not quite sure I understand what you are talking about. MR. HONEYCUTT: Could you have the court reporter readback what he was just stating? THE COURT: Well, before you do that,

can you just generally tellme what your objection is, what are you talking about mischaracterization? MR. HONEYCUTT: Mr. Plas, in his statement, he is referencing Mr. Plas' statement of June 4th. Mr. Plas doesn't state or say that it was unserviceable or nonfunctional. Mr. Kahler is trying to insert that in and that's what I'm objecting to. THE COURT: Okay. I'm going to so note your objection. This is reallymore a subject of cross-examination where you cross-examine the witness about conclusions, inferences, or testimony that they've made that you don't believe is well founded. So I will overrule the objection.



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1 2 3 4 5 6 7 8 9 10 

### 11 12 13 14 15 16 

### 17 18 19 BY Q. And, Mr. Witness, if you are utilizing exhibits, I would like you to identify themby exhibit number as you are referring to them THE WITNESS: Yes, your Honor. THE COURT:

-- so that we have a clean record. When you say you utilize the statement of Mr. Plas, what exhibit number are you looking at? THE WITNESS: Exhibit C-9, your Honor, in the middle Mr. Plas says -- THE COURT: You don't need to go beyond that. Thank you. Mr. Vines, anything else that you would like to talk about with this witness? MR. VINES: Nothing further, Judge. THE COURT: Okay. MR. VINES: I'm sorry, Judge. MR. VINES: So you obviously felt this document was relevant 20 to your investigation, correct? 21 22 23 24 25 THE COURT: When you say this document, Counsel, could you identify itby the exhibit number? MR. VINES: C-12. THE COURT: Thank you.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 BY MR. VINES: 

### 2 3 4 5 6 7 8 9 10 11 12 13 14 

### 15 16 17 18 

### 19 20 21 

### 22 23 24 

### 25 Q. 

### A. Is that correct? Yes, I included it in my report. MR. VINES: Your Honor, at this time, the Administrator wouldmove to admit Exhibit C-12 into evidence. MR. HONEYCUTT: I object to the admittance of C-12, your Honor. THE COURT: On what basis? MR. HONEYCUTT: That it is basically hearsay. I can't cross-examine Mr. Schaefer or Mr. Handing to the extent of this statement. THE COURT: Hearsay is specifically allowed in these proceedings as you probably know. The Court must look at whether or not it has some reliability in terms of admissibility, and then the Court thenmust rule whether or not the hearsay shouldbe considered and, if so, how the hearsay should be considered. This particular document was provided to youprior to today's date and time. Other than a hearsay objection, do you have any other objection?MR. HONEYCUTT: Your Honor, it was provided to me on a prior date, but also



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 

### 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Schaefer was a listed witness, therefore I could cross-examine Mr. Schaefer on this particular document and Mr. Handing as well as a potential witness for the government. They do not have that witness, therefore I am not allowed to cross-examine. Therefore I feel that the document should not be allowed to be entered into. THE COURT: Okay. I'm going to overrule your objection, and I'm going to admit Exhibit C-12.

(Whereupon, the document was marked as C-12 for identification and admitted into evidence.)

THE COURT: You're welcome to cross-examine this witness about this particular document. You are also welcomed to utilize this document in your own examination of witnesses, and you are welcome to make an argument to the Court of its relative relevance. For example, if there is no particular

nexus between this document and the aircraft, that is something to be addressed in argument or



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 

### 16 17 18 19 20 in your own case in chief. If Mr. Handing is not

someone who you know or worked with or whoever worked on the aircraft, again you can raise those kinds of things in your own case, but this witness has testified that he utilized it as part of his investigative process in reaching some conclusions, and it is relevant for that purpose. Mr. Vines, do you have any other testimony you want to elicit from this witness on your redirect? MR. VINES: No, Judge. THE COURT: Okay. Given the fact that the scope of redirect far out exceeded the scope of cross, Mr. Honeycutt, do you have any cross-examination that you would like to raise at this time with Mr. Kahler regarding Exhibit C-12? MR. HONEYCUTT: Can I have a moment, your Honor? THE COURT: Sure. MR. HONEYCUTT: Your Honor, I do. 21

- - - - - 22 RECROSS-EXAMINATION 23

- - - - - 24 BY MR. HONEYCUTT: 25 Q. I would ask, Mr. Kahler, did you have any



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 direct did you see the aircraft damaged, did you 2 happen to see a bent plug, damaged skin? 3 4 5 A. Q. A. Yes, sir, I did. You saw damage? At your location, after the fact, I had the 6 chance with you to look at the airplane once and saw a 7 small tear in the skin. You and I looked at it and 8 discussed it once on the ramp after the fact. 9 Q. That is referencing this incident or another 10 incident? 11 

### A. It was this tail-numbered airplane. At the time, 12 I am certain that you and I discussed it in the 13 reference that it was the aircraft in question. 14 Q. But we can't confirm

-- well I don't have that 15 recollection that 16 17 18 A. Well, it is my recollection. THE COURT: You are not testifying right now. You might want to ask Mr. Kahler 19 about when that occurred. 20 BY MR. HONEYCUTT: 21 22 23 24 25 Q. A. Do you have that date, Mr. Kahler? No, sir, I do not have a date. MR. HONEYCUTT: I have nothing further, your Honor. THE COURT: Thank you.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Kahler, thank you verymuch for your testimony. It appears to be complete. Any exhibits that you have, please just leave them on the witness chair. You are done for the day and

are hereby excused. THE WITNESS: Thank you, your honor. MR. VINES: Your Honor, I would like to ask the Court that Inspector Kahler be excused THE COURT: He is excused. MR. VINES: for the remainder of the trial, Judge. THE COURT: Yes, it is my understanding that he is your only witness. Did you subpoena Mr. Kahler? MR. HONEYCUTT: I didn't. THE COURT: Was there any other question you needed to askMr. Kahler during cross? MR. HONEYCUTT: The only other question I would askMr. Kahler is, did he have an opportunityto make a note of this, what we were just speaking, about the tear in the skin. THE COURT: Well, before you turn to him, you want to turn to me. So essentially, let

me take a look at your witnesses, Mr. Honeycutt,

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1 2 3 4 5 6 7 8 9 10 11 

### 12 13 

### 14 15 16 17 

### 18 19 20 

### 21 22 23 

### 24 25 

### just to be on the safe side. You have listedMr. Kahler as your own witness. I take it you did not talk with him prior to today about appearing on your case? MR. HONEYCUTT: That is correct, your Honor, I did not. THE COURT: Okay. So if he leaves today, are you satisfied that you have asked him everyquestion that you would like to? MR. HONEYCUTT: I am satisfiedwith the testimony that Mr. Kahler has given. THE COURT: Because if you haven't reached an agreement with himthat he return and you haven't servedhimwith a subpoena, I cannot compel himto stay. So I just want to make sure that while he is here, if there is something else that we
can elicit fromhim, that we do take care of that. It looks like the cross-examination, I'm sorry, the scope of direct was fairly comprehensive. Do you want to take a minute to just think about itbefore Mr. Kahler leaves? MR. HONEYCUTT: Yes, ma'am. Can I just have a moment?



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Sure. Mr. Kahler, if you canjust sit or stand in the jurybox for a moment. THE WITNESS: Yes, your Honor. THE COURT: Do you want to take a five-minute recess? MR. HONEYCUTT: Yes, your Honor. THE COURT: All right. We'll take a five-minute recess. We can go off the record.

(Whereupon, a brief recess was taken.)

THE COURT: We're back on the record in the matter of Worldwide Aircraft Services, Inc. This is Docket No. FAA-2013-0045. We've reconvened after a second afternoon recess. All parties previously identifiedhave returned to the courtroom. Mr. Kahler is still available to us. Mr. Honeycutt, any other questions that you need to pose to Mr. Kahler? MR. HONEYCUTT: No, ma'am. I'mdone with this witness. THE COURT: Mr. Kahler, thank you for



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your patience in waiting. You're hereby excused. Have a good rest of the week. THE WITNESS: Thank you, your Honor. THE COURT: You're welcome. Mr. Vines, who would you like to call

as your next witness? MR. HONEYCUTT: The Administrator calls Bob Donahue. THE COURT: Okay. Before you sit down, could you raise your right hand. Do you swear to tell the truth and nothing but the truth in this proceeding? THE WITNESS: Yes, I do.

ROBERT DONAHUE, after having been duly sworn, was examined and testified as follows:

THE COURT: Please take a seat. THE WITNESS: Thank you. THE COURT: When you are comfortable, please state your name and spell your last name for the record. THE WITNESS: Robert Donahue, last name is spelled D-0-N-A-H-U-E. THE COURT: Thank you.



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1 

### Mr. Vines, you may inquire. 2

- - - 

### 3 DIRECT EXAMINATION 4

- - - - - 

### 5 BY MR. VINES: 6 Q. 

### Good afternoon, Inspector Donahue. Inspector, 7 where are you currently employed? 8 A. 

### At the Tampa West Standard District Office 9 located at 5601 Mariner Street, Tampa. 10 11 

### 12 13 

### Q. A. Q. A. 

### And that is apart of the FAA; is that correct? That is correct. That is our field office. Andwhat is your current title? I am a Principle Operation Safety Inspector 14 referred to as an Aviation Safety Inspector. 15 Responsibilities are that I oversight on-demand air 16 carriers that provide service to the public flying an 17 aircraft for charter. 18 Q. 

### Andbyon demand and air carrier, you are 19 referring to Part 135 Operations? 20 A. 

### Part 135 where they do not have structured 21 routes. They are on call, come up like the retainer 22 services to flight destinations throughout the United 23 States for the world. 24 Q. 

### Also as a Principle Operations Inspector or 25 Aviation Safety Inspector, I'll refer to the latter of



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1 Aviation Safety Inspector, ASI, Principle Operations 2 Inspector, POI, do you have any other duties besides 3 overseeing Part 135 Carriers? 4 

### A. The titles that I'm responsible for involves the 5 direct oversight of the Operators that I've mentioned 6 to ensure regulatory compliance, knowledge of pilots 7 to ensure that they've met minimum standards to 8 operate under the appropriate ratings which they hold. 9 We ensure that the Operators themselves function 10 within the legal ramifications, both guidance of what 11 we have, the 8900 Order and the Federal Aviation 12 Regulations in Part 135. 13 14 Q. 

### A. 

### You mentioned the 8900 Order, what is that? The FAA Order 8900 or .1 is the FAA's guidance 15 that we work internal for the structure of our 16 operations. Itprovides us more intricate, definitive 17 guidance, of what we do during the inspections of not 18 only the pilots, but the requirements ofthe 19 individual companies, how they are structured, all the 20 way down to the requirements ofwhat constitute of 21 records that theymust keep. It is a more definitive 22 guidance for us to operate under. 23 Q. In light of overseeing Part 135 Operators, are 24 you familiar with Part 135Aviation Regulations? 25 A. 

### Yes, I am.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Q. And what specifically do those regulations 2 address? 3 A. The Aviation Regulations under Title 14, Code of 4 Federal Aviation Regulations Part 135, it gives us the 5 basic guidance along with the associate regulations, 6 Part 61 for pilots and Part 119 for management 7 structures that these agencies must maintain. 8 The 119provides guidance specific to the 9 experience levels and so forth for the command 10 structure from the Director of Operations and chief 11 pilots down to the other issues of economic 12 authorities and so forth. 13 A Part 135 is the basic operating rule that these 14 people have to complywith that establishes the direct 15 guidance for aviation maintenance required on the 16 aircrafts, the pilots, flight-time duty. Basically 17 the complete blueprint that the individual operators 18 must uphold to so that they can be a safe operator 19 flying in the skies. 20 Q. Do the Part 135 Regulations also cover 21 air-worthiness issues, as well as any documents or 22 manuals that the Part 135 Operators have to maintain? 23 24 25 A. Q. 

### A. That is correct. How long have you been anASI and POI? I've been a total of 18 years within the Federal



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 AviationAdministration Ranks. The first year I was 2 basically an introductory time where I gained the 3 experience. After one year, for somebody that has 4 tote the ropes pretty tightly, they receive what they 5 called the Principle Operations Inspector. 6 That status provides an opportunity for me to 7 directly oversight Operators independently, to use my 8 judgment, to follow the guidance that is appropriate, 9 and to surveil the Operators to ensure their 10 compliance, along with other collateral investigations 11 duties, which we would be accident investigations and 12 a lot ofpilot deviations. Basically anything having 13 to do with the ground from the ground up. 14 

### Q. When you began working with the FAA, were you 15 assigned as a POI approximately 18 years ago? 16 17 A. Q. Yes, I was. So for the past 18 years, you have been a POI to 18 Part 135 Certificate holders? 19 20 A. Q. That's correct. And do you currently oversee any Part 135 21 Operators? 22 23 24 A. 

### Q. A. I do. Approximately howmany? 135 Operations basically fall on two channels, 25 nine or less aircrafts, that constitutes a small



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1 operator. Large operators are 10 seats ormore, which 2 would normallybe a Gulf streamof four or five, any 3 aircraft that is pretty large in scope. 4 Themore experiencedpilots are the inspectors, 5 such as myself, normally get the larger operators, as 6 well as the small, and I manage both, large and small 7 as it comes to regulatory and other guidance. 8 Q. 

### Do you oversee any other, any other Certificate 9 holders that are not certificatedto operate under 10 Part 135? 11 A. I 

### do. I 

### operate oversight Part 137, Agricultural 12 SprayOperations, Part 133, External Operations, and 13 Part 141, Flight Schools. 14 Q. 

### And you said-- youmentioned Part 137, what is 15 that? 16 A. 

### Agricultural SprayOperations are where they use 17 an aircraft like a helicopter or fixed wing that would 18 spray agriculturally chemicals to controlmosquito 19 spray or any other kind of disbursements. 20 Q. 

### And are you able to testify as to on average how 21 many Part 135 Operators you are responsible for at a 22 given time? 23 

### A. Yes, we are assigned operators. That is done 24 formally by complexity lists. Currently I am with, I 25 believe three Operators Part 135.



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1 Q. Are you able to testify as to an average of how 2 many per year you would oversee, howmany Part 135 3 Operators you would oversee? 4 A. I can give you the maximumthat I've done and the 5 minimums. Right now the stretch I have is on the 6 light side number. 7 When I was up in the Chicago area, Great Lakes 8 Region, I carried an average of six to seven Part 135, 9 two to three Part 133, three 137, and one or two Part 

### 10 141 Schools. That was my load for surveillance in the 

### 11 other office in Chicago. 12 Q. By working with the FAA, have you received any 13 training on the Part 135 Regulations? 

### 14 15 16 A. Q. A. Yes. What training have you received? We have a current level introductorytraining as 17 a new inspector, and we have recurrent course that are 18 done every three years normally or earlier. We 19 sometimes have advance courses that we take when 20 offeredto us. 21 We can go down and receive that trainingboth 22 online, which is computer-based training or we go to 23 Oklahoma City's main FAA's Training Facility and we 24 receive this type of specialized training. 25 Q. Have you, in fact, received that training?



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 A. Q. I have indeed. Prior to working for the FAA, where were you 3 employed? 4 A. I was flying the Gulf-Coast Arena, flying the 5 Offshore-Oil Platforms, and in addition to that, I 6 flew External-Load Operations on Part 133. I was 7 flying inNew Mexico, the United States, and some of 8 Canada. 9 Q. And with regard to the Oil Platform, do you 10 recall the name of your employer? 11 A. I had worked for a variety of operations. One 12 was patrolling helicopters. I flew for anAlaskan 13 Base Operation called ERA, subsidiary to Alaskan 14 Airlines. I was, I'm sure it will come to me, but I 15 finished the last threes years with them flying out of 16 Morgan City. I'll think of the name here in a second. 17 I can't think of it. 18 Q. What, if any, law enforcement background do you 19 have, if any? 20 

### A. I have 14 years in the law enforcement 21 background, four years militarypolice specialized in 22 Terrorism operations. I was a line deputy and 23 foreman, line supervisor as well, AWOL apprehensions, 24 basic stuff like that. 25 I was the Central Point of Command Coordinator

For

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 for the Forces Command in Europe to the Commanding 2 General in Fort Lewis, Washington. Ten years of 3 law-enforcement experience as a Deputy Sheriff. I was 4 a line deputy when I was not flying in the Gulf. Q. When you say line deputy, what is that? 5 6 A. I was in a patrol unit handling daily calls from 7 accidents, thefts, burglaries, arson. 8 9 10 11 Q. 

### A. Q. A. Do you hold any FAA issued certificates? I do. What are they? AnAirline Transport Pilot Certificate for a 12 fixed wing (inaudible) in thejets 38,000-pound 13 aircraft up to 16 passengers and a Citation JET, 14 that's a nine passenger or less. I have an ATP in 15 (inaudible) helicopters and commercially rated in an 16 airplane single engine and sequence. 17 18 19 Q. A. Q. Do you hold a Flight Instructor's Certificate? I do. Do you have any ratings associated with that 20 certificate? 21 

### A. Airplane single engine, multi engine, and 22 instrument. 23 Q. About how many hours do you have operating an 24 aircraft? 25 A. In excess of 15,000 hours.

For

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. VINES: Your Honor, at this time I wouldmove to qualify Inspector Donahue as an expert in Part 135 Operations. THE COURT: Any objection? MR. HONEYCUTT: No, ma'am. THE COURT: I have a question for you, sir. THE WITNESS: Yes, ma'am. THE COURT: You indicated that you have approximately a 17-yearhistory working with the FAA as a Principle Operator Inspector for the

-- THE WITNESS: That is correct. THE COURT: First year was an introductory year? THE WITNESS: That is correct. THE COURT: Is there another type of certificationthat you do not have in terms of Part 135 Operations or have you achieved all of the certifications that are offeredby your employer at this point in time? THE WITNESS: That is correct. THE COURT: The motion to qualify this witness as an expert is granted. There has been

no objection and the Court finds himto have the qualifications for expert status.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Youmayproceed. MR. HONEYCUTT: Your Honor, may I ask a question? THE COURT: Mr. Honeycutt, do you have

a question of this witness regarding his expertise?MR. HONEYCUTT: It is in reference to your question as well, I believe. THE COURT: Sure. MR. HONEYCUTT: Maybe Mr. Donahue could qualify. You don't hold anA and P

-- THE COURT: I'm sorry, sir, you don't want to ask him a question until I grant you the opportunity. You have no objection, do you have

an objection now? MR. HONEYCUTT: I'mjust confused on the grounds of his expertise. THE COURT: His expertise is on Part 135 Aviation expertise. So not necessarily flight expertise, but over-sight expertise under Part 135 of the FAA Regulations. Does that make better sense to you? MR. HONEYCUTT: Yes, ma'am. THE COURT: Did you want to ask this



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 witness a qualifying question? MR. HONEYCUTT: I can wait duringmy

cross. THE COURT: Okay. Do you feel comfortable to what he's testified to in terms of his credentials as a Part 135 Inspector? MR. HONEYCUTT: Yes, ma'am. THE COURT: Okay. Thank you. Mr. Vines, do you have any other questions to ask this witness? MR. VINES: Yes, Judge. 12 BY MR. VINES: 13 Q. You are familiar with the Administrator's action 14 against the Respondent, Worldwide Aircraft, currently 15 which you are here for; is that a fair assumption to 16 make? 17 18 19 20 21 A. Q. this A. Q. Yes, sir. Did you, in fact, conduct an investigation into matter? Yes. Let me ask you this, how did you become involved 22 inthis case? 23 

### A. As an inspector inthe office, part of our duties 24 and responsibilities are responsible to investigate 25 what we can say complaints, public complaints, either



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1 anonymous or known personnel as part of our duties and 2 responsibilities. 3 The management ofthe Flight Standard office 4 

### assignedme a complaint to work. It was with an 5 anonymous complainant. I was asked to investigate the 6 circumstances and conditions of an aircraft alleged to 7 have taxied and had taken off at BrooksvilleAirport 8 with a ground-power unit attached. That was the 9 mission that I was given. 10 Q. 

### Andbased on that assignment, what did you do 11 next? A. 

### The basic research of the Operators. 12 13 nothing about the Operators at the time. I knew I did a 14 basic research on the alleged aircraft type, the size 15 and scope of the ground-power units thatmaybe 16 involved so I wouldbe able to see and understandmore 17 what I was looking for. 18 I obtained services and requested a second 19 inspector to accompanyme. Inspector Frank Schaefer, 20 he is anAir-Witness Inspector, that wouldprovide 21 insight to me on technical matters involving the 22 aircraft. 23 We arrived at the JET I.C.U. location at 24 

### approximately 7:30 withMr. Schaefer andmyself. I 

### 25 believe Mr. Honeycutt, Sr. was there, andwe waited



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 for Mr. Honeycutt, Jr. to arrive before we started the 2 review into the situation. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: I'm going to stop you, sir. I'm going to askMr. Vines to redirect you since you are engaged in a lengthy narrative that goes beyond the question. Mr. Vines, it would be helpful if you could identify this investigationby date, year, and if there are times involved such as 7:30, whether it is in the morning or the evening so I have a better understanding of what is happening. MR. VINES: Yes, Judge. May I approach the witness? THE COURT: You may. MR. VINES: Judge, on the stand there

are several exhibits, and I would like to look through them to assist this witness. May I

remove these exhibits? THE COURT: You may. Please just make sure, before the evening, that I have them all back. Mr. Vines, if you couldjust take them with you and perhaps your assistant could characterize them if you need them to be shuffled around, that wouldbe helpful.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 BY MR. VINES: 2 Q. I'm going to show you what's been marked as C-7A 3 and C-7B. Do you recognize this document? 4 5 6 

### A. Q. 

### A. I do. How do you recognize this document? It is an inspector statement that I created, and 7 I have my handwriting and initials in the lower 8 left-hand corner on both pages. 9 Q. You just stated your signature is on the bottom; 10 is that correct? 11 12 

### A. Q. That's correct. And the signatures at the bottom, are there other 13 signatures besides your's? 14 

### 15 16 17 18 19 20 

### A. Q. A. Q. A. Q. A. No, sir. I reference you to page C-7B as in boy. Okay. Do you recognize this document? I do. How do you recognize this document? I recognize it by the signature that I have and 21 two other signatures that I obtained on site. 22 23 24 25 MR. VINES: At this time, the Administrator would move to enter C-7A and C-7B into evidence. THE COURT: Well I will reserve ruling



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 on that until the witness identifies the year and any other identification to this particular case. That wouldbe helpful to see whether or not it shouldbe admitted. You just pretendthat I don't have a copy of this in front ofme. We're doing this on the written record. So far this is a statement that he recognizes. He recognized the signature. He wrote it. What applicability does ithave in this case; when did it occur? 12 BY MR. VINES: 13 Q. You said you signedthis document earlier, what 14 was the purpose of obtaining or preparing this 15 document? 16 A. This was a statement of facts that I used of the 17 right of the days I recall of the (inaudible) I went 18 down to investigate. The actual date of the event was 19 listed on the top portion of May 3, 2009. The date of 20 the statement I had taken on here was June 6, 2009. 21 Q. And how does this report relate to the reason why 22 we're here today? 23 A. Duringthe investigation certain events 24 transpired. This document captured those items that I 25 not only saw, witnessed or questions that I had asked



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 of the people I met. 2 Q. And the event that you are investigating, is that 3 designated at the top of the first page of the Exhibit 4 C-7A as May 3, 2009? 5 6 7 8 A. Q. A. Q. That was the day of the alleged event. That was the event that you were investigating? May 3rd. And the date you prepared the statement is 9 designated as what? 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. June 6th. 2009? Yes. And again, that's on Exhibit C-7A? That's correct. MR. VINES: At this time, the Administrator wouldmove to admit C-7A and B into evidence. THE COURT: Mr. Honeycutt, do you have any objection? MR. HONEYCUTT: We do object because it is basically Mr. Donahue's testimony, and we want to hear Mr. Donahue's testimony. THE COURT: Your objection is noted. I'll reserve ruling until the witness is finished testifying on direct. You are welcome to a rule



### For

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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 at that time. 2 Mr. Vines. 3 BY MR. VINES: 4 Q. Mr. Donahue, you stated earlier that you, in 5 fact, preparedthis statement; is that correct? 6 7 A. Q. I did. Did you have any additional individuals attest to 8 this statement? 9 10 11 A. Q. A. I did. Who did you have attest to this statement? Mr. Schaefer accompaniedme in all aspects of 12 this investigation, andMr. Honeycutt, Director of 13 Operations, he verified the facts as presentedby his 14 own signature. 15 Q. And Exhibit C-7A and Exhibit C-78, is that the 16 original copy that has all the signatures on it? 17 18 A. Q. It does. On Exhibit C-78, do you recall

-- letme ask you 19 this, how did you obtainMr. Schaefer's signature? 20 MR. HONEYCUTT: Your Honor, I object. 21 22 23 24 25 Are we going to have Mr. Donahue testify or are
we going to have him testify to this document which you reserved your ruling on? THE COURT: Well, this is the direct of Mr. Vines. He can spendhow he wishes his time



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about this particular document. Are you saying that you don't have any objection to the document itself but to the content of the document, that's where you think that the dispute is? I think itmight be helpful if you can give myself and Mr. Vines an idea of where your interest lies. Are you interested in hearing about the actual events or are you interested in receiving some additional information regarding the foundation of this document? MR. HONEYCUTT: I'm confused as to why we're going over Mr. Donahue's statement when Mr. Donahue is here to testify on his account. THE COURT: I understand. Mr. Vines apparently sees fit in his case in chief to ask

more questions about this, and that is his right. MR. HONEYCUTT: Okay. THE COURT: I'll note your objection and overrule it. Mr. Vines, I will simply say that it does not appear to this court that there is a dispute that this statement was created and written by this witness. I think there is an interest by your friend across the isle to get



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 into the meat of things, but this is your time, and you can choose to use it as you wish. MR. VINES: Thank you, Judge. 4 BY MR. VINES: 5 Q. As I was asking you earlier, how did you obtain 

### 6 Mr. Frank Schaefer's signature? 7 A. Mr. Schaefer works in our office. After the 8 initial investigationwas completed, we adjournedback 9 to the office, and I createdthis statement a total of 10 three days after the actual interview at the JET 11 I.C.U.'s location. 12 Mr. Frank Schaeferwas offered the opportunity to 13 read it, and if he contestedto any of the facts that 14 were disputed, that we would discuss those items. He 15 did not have any problemwith the statement as it was 16 written, and he gave me the signature on that document 17 along with mine. I then had to take that andprovide 18 Mr. Honeycutt an opportunityto verify the facts. 19 20 21 Q. A. Q. Did you observe Mr. Honeycutt sign the document? I did. And is that document an accurate representation 22 of the document that you saw Mr. Honeycutt sign? 23 24 25 

### A. Q. A. It is. Is that the exact same document? It is.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MR. VINES: At this time, the Administrator wouldmove to admit C-7A and C-7B into evidence. THE COURT: Thank you. I've reserved ruling subject to getting into the meat of the matter. Are you planning to askMr. Donahue any other questions before you excuse him? MR. VINES: Yes, Judge. THE COURT: Then the motion is noted and respectfully reserved. You are welcome to reraise it at the conclusion of your case in chief of this witness. MR. VINES: Judge, I would like to have that admitted now, Judge, and resume for

-- I think that it deserves admission into evidence because I do have Mr. Honeycutt who signed it, and by his signature, that does constitute his statement against interest with regard to JET I.

## c.u. So again, the Administrator would move to have this admitted into evidence at this time. THE COURT: Thank you. Same ruling. You mayproceed. MR. VINES: Thank you, Judge. 24 BY MR. VINES: 25 Q. So, Inspector Donahue, you stated you went to JET



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1 I.C.U. andmet Mr. Honeycutt among some other 2 individuals during your initial stage of the 3 investigation; is that correct? 4 5 6 7 8 

### A. Q. A. Q. A. I met with Mr. Mike Honeycutt, Jr. And do you recall when this occurred? Yes, sir, June 3rd. What was that meeting about in reference to? It was in regards to the allegations that I 9 received on the complaint that I was investigating. 10 Q. Andwhat did you discuss

-- when you refer to Mr. 11 Honeycutt, who are you referring to? 12 13 

### 14 

### A. Q. A. Mike Jr. What was discussed? Basically the content of the complaint, being 15 that an aircraft had taxied out onto the taxi way and 16 down to the runway and departed with a ground-power 17 unit attached. 18 

### Q. Andwhat, if any, response didMr. Honeycutt 19 provide to you? 20 

### A. My direct question to himwas, was there a flight 21 that departed at that location in the date in 22 question. His response was yes. He then proceeded to 23 the positionwhere he would like

-- he wanted to know 24 who the complainant was. 25 I explainedto him that it was an anonymous



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1 complaint. He wanted to get a copy of the complaint. 2 I explainedto himthat he needed to through the FORA 3 process, which he could obtain the information that he 4 desired. 5 The questions then went further into the 6 situation. Mike freely gave me information that he 7 arrivedprior to prepare the aircraft for departure. 8 As it was an early departure for a.m., Mike explained 9 that he positioned the aircraft, refueled the 10 aircraft, attached the ground-power unit to the 11 aircraft, and positioned everything for the pilots 12 upon their arrival. 13 Q. When you refer to the daybefore, are you 14 referring to May 2nd? 15 16 17 A. Q. A. Yes, sir, that wouldbe correct. Andwhat else didMr. Honeycutt discuss? It kind ofjumped from that question that he 18 wanted to get the contents of the document. He went 19 into the discussion that he did prepare the aircraft 20 for flight. 21 He moved right into the next comment that when he 22 arrived the morning of the aircraft departure, I 23 believe it was just around 7 a.m. in the morning, he 24 had noticed that the ground-power unit was not in the 25 positionwhich he had left it the night before. He



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 quoted to me that he suspected that the pilots had 2 taxied out with the ground-power unit attached. 3 4 Q. A. What else was discussed? It got interesting from that point on. Mike 5 quoted to me that the ground-power unit was attached 6 to his truck. He attached it to his truck and then 7 did Donuts on the Tarmac to destroy the ground-power 8 unit. 9 Upon the completion of the destroying of that 10 unit, he stated that he took those parts, and placed 11 them along the taxi way leading to the runway. He 12 further qualified that by saying that he did not place 13 any parts on the runway itself. 14 Q. Did he explain why he attached the GPU to his 15 truck and did Donuts on 16 17 18 

### A. Q. 

### A. He did. What did he say? He statedthat he was having problems withpilots 19 inpreflight, and therefore he wanted to make an 20 example. So he destroyed the GPU and blamed it on the 21 pilots. He called the pilots andblamed and stated 22 that they destroyed the ground-power unit. 23 Q. Did Mr. Honeycutt tell you why he

-- let me ask 24 you this, didMr. Honeycutt tell you that that's what, 25 in fact, actuallyhappenedwith the GPU unit?



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1 A. He's stated that that's what happened, that he 2 had attached it and destroyed it to prove a point to 3 the pilots. 4 

### Q. Did you do any investigation as to how the GP 5 unit was destroyed? 6 7 8 A. Q. A. I did. And what did you do in that investigation? During the investigation, I talked to both of the 9 pilots. The pilot in command was the primarypilot 10 that was responsible for the safe conduct of the 11 flight itself. The first officer with the No. 2 pilot 12 was apparently new with the aircraft. 13 During the start sequence as they arrived, I 14 think they said 15 minutes late, they were behind 15 schedule. 16 17 

### Q. A. By they, who you are referring to? The pilots arrived late to departure. Theywere 18 late getting out of the gate to go fly. That the 19 first officer, the less experiencedpilot, got into 20 the left seat along with the Captain, Mr. Plas, and 21 they were going to start the engines. 22 Mr. Plas got out of the aircraft, walked around 23 to the right, to the GPU, turned on the GPU byhis 24 statement, and then proceeded to the hanger where the 25 GPU was tied to the primary electrical supplyin the



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1 hanger to start the engine. He returned upon the 2 right side of the aircraft, got back into the cockpit 3 and observed the start sequence on one engine. Upon 4 the successful start of that engine

-- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: I'm going to stop you, sir. Mr. Honeycutt, I can hear you from here. So if you could lower your voice when you

are consulting with Mr. Bowen, that would be helpful. MR. HONEYCUTT: I was, your Honor. I apologize. Again, I was wanting to object to Mr. Donahue. I think the question that he asked is corning off THE COURT: So you are objecting to the continuing narration? MR. HONEYCUTT: Yes. THE COURT: Your objection is noted and respectfully sustained. I'll stop you at this point, sir. THE WITNESS: Okay. THE COURT: All your testimony so far may stand, but, Mr. Vines, I'll ask you to direct your witness a littlemore (inaudible). Thank you.

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1 BY MR. VINES: 2 Q. 

### You stated

-- you were testifying about what 3 Captain Plas told you; is that correct? 4 5 

### A. Q. 

### Yes. And you were at the point then in your testimony 6 that Captain Plas instructed, told you that he

-- 7 8 9 

### 10 11 

### 12 13 

### 14 MR. HONEYCUTT: Your Honor, we've already went over Mr. Plas' testimony and admittedMr. Plas, why do we need to go over with Mr. Donahue Mr. Plas' testimony? THE COURT: I thinkwhat I'mhearing fromMr. Vines is that he is recapping what Mr. Donahue has just said so that he canplant him,

as it will, like a seed into the ground that has 15 not yet been furrowed. 16 So I will overrule your objection at 17 this point with the understanding that Mr. Vines 18 is simplyplacing Mr. Donahue back into testimony 19 where he wants himto be. 20 Mr. Vines. 21 BY MR. VINES: 22 Q. 

### You left off, Inspector, where Mr. Plas was 23 returning to the aircraft to get back into the 24 cockpit; is that correct? 25 

### A. Yes.



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1 2 Q. 

### A. What else did Captain Plas tell you? That he got back in the aircraft, sealed the 3 door, and the aircraft taxied out for the departure. 4 

### Q. Did Captain Plas ever tell you what he thought 5 happened with the GPU that was attachedto this 6 particular aircraft? 7 8 A. 

### Q. 9 time? 10 A. He did, but not at that time. What did Captain Plas tell you about at that

Captain Plas toldme in his statement that when 11 he departed the initial location, Brooksville, he 12 proceeded two additional stops and endedup in the 13 Nassau area, the Bahamas, where he attempted to have 14 the engines startedusing another ground-power unit. 15 He was toldby the groundpersonnel that they 16 were unable to establish a viable connection with the 17 (inaudible) unit to the ground-power terminal on the 18 aircraft. He stated further at that point that he got 19 out of the aircraft, walkedback to the point on the 20 left side of the aircraft and noticed that two of the 21 terminals hadbeen bent aft, and there was some skin 22 damage to the aircraft. 23 He quoted right after that and freely that he 24 believed that he taxied out with the ground-power unit 25 attached to the aircraft and took off.



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1 

### Q. 

### Now, did you have occasion to obtainthis 2 statement fromMr. Captain Plas? 3 4 5 

### A. I did. MR. VINES: May I approach, Judge? THE COURT: You may. 6 

### BY MR. VINES: 7 8 

### Q. 

### I'mgoing to show you what's beenmarked and admitted as C-BA and e-BB. Do you recognize this 9 document? 10 11 

### 12 A. Q. A. I 

### do. How do you recognize this document? I 

### recognize the document withMr. Brandon Plas' 13 signature and that this document was indeed addressed 14 tome, and the content of the document corresponds 15 withmy investigation. 16 

### Q. Didyou have an occasion to independently

-- did 17 you have an occasion to interviewMr. Plas about the 18 operation of N90LJ onMay 3, 2009? 19 20 

### A. Q. I 

### did. Okay. And during that interview, did he reveal 21 to you information as contained in this statement that 22 is marked as Exhibit C-BA and C-BB? 23 24 A. Q. 

### He did. Didhe provide to you any additional information 25 in your interview that is not included in his, by his

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1 I mean Brandon P1as' statement, that is contained in 2 Exhibit C-BA and B? 3 4 5 6 7 8 9 10 11 12 

### 13 14 15 16 17 

### 18 19 

### 20 21 

### 22 23 

### 24 25 

### A. It 

### did. MR. HONEYCUTT: Your Honor, I object. THE COURT: There has been an objection

on what grounds? MR. HONEYCUTT: That I don't have any information that Mr. Donahue interviewedMr. Plas. All I have is Mr. Plas' statement and Mr. Plas' testimony and Mr. Donahue's testimony now. I don't have anything referencing that. THE COURT: Mr. Vines, there is an objection that you are goingbeyondthe discovery that has beenprovided. Do you have a response? MR. VINES: Just that this particular testimony is permitted and that the Respondent didn't request, file any discovery. Again, Mr. Donahue is just simply statingwhat he uncovered in his investigation, which is a par for the course here, Judge. THE COURT: Well, I would appreciate your assertions tome that it is done all the time and is permitted. I am not quite sure I would agree with you with those global statements.



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 There has been an exchange of informationbetween the parties, at least through the witness list and witness exhibits, that occurredprior to this trial starting. Can youmake an offer of proof as to why this additional informationthat you're seeking to elicit from Inspector Donahue has any particularmeaning in terms ofproving your case in chief? MR. information. THE proof? MR. THE VINES:

COURT:

VINES: COURT: Judge, I don't have that

You don't have an offer of

Not at this time, Judge. The objection is noted and respectfully sustained. Do you have other 17 questions that you would like to ask this 18 witness? 19 BY MR. VINES: 20 Q. In your conversations that you had with Mr. Plas, 21 did it in anyway conflict with the statement he 22 provided to you that has been marked as Exhibit C-8A 23 and C-88? 24 25 MR. HONEYCUTT: Objection, your Honor. THE COURT: There's been an objection.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I take it, Mr. Vines, that you have no other offer of proof to make about this line of inquiry? MR. VINES: Other than the purpose of the question, Judge, is to validate the statement, the truth of the statement, the veracity of the statement, and whether or not it is reliable, Judge. MR. HONEYCUTT: Your Honor, if I may. THE COURT: You may not. I don't need any further argument from the Respondent. I will simply note that there has been

no offer of proof regarding this particular line of inquiry. Part of the process of a trial is to provide equal footing for all parties who come before the Court. If there is no particular offer of proof as to how this will help make the

case or whether it is necessary to meet the needs of the prima fascia case, I'm going to sustain the objection again, particularlybecause this is not information that has been shared in any way with the Respondent. The answer that was just provided is hereby stricken. Do you have any other questions to ask



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this witness? THE WITNESS: Excuse me, may I ask a question to you, Judge? THE COURT: No, you may not, but thank you. THE WITNESS: It was for a matter of order. I was wondering if I had an opportunity to discuss an issue with the FAA's attorney? THE COURT: You do not. Mr. Vines, do you have any questions to ask this witness? MR. VINES: Judge, I just want to confirmthe answer that you struck is what answer? THE COURT: Yes, you were basically asking this witness to testify about another conversation dated, related to the information that formed the basis of his investigation that being C-8A and B. There was an objection from the Respondent because of the lack of prior disclosure. I granted that objection twice, and I'm going to ask you now to see whether or not you have other questions to ask this witness. MR. VINES: Yes, Judge, I do. I'm



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1 2 sorry, if I couldhave the Court's indulgence. THE COURT: Of course. 3 BY MR. VINES: 4 Q. Inspector, after receiving Mr. Plas' statement

-- 5 letme rephrase, I'm sorry. After receiving Captain 6 Plas' written statement, what, if anything, did you do 7 in response to receiving that statement? 8 A. I requested that he place this in writing so that 9 I would have a statement of facts from his side to 10 represent his view. 11 12 13 Q. A. 

### Q. Andthat's documents C-8A and C-88? Yes, sir. In your conversation withMr. Captain Plas, did 14 you discuss or ask him about whether or not about the 15 issue

-- did you discuss withMr. Plas on whether or 16 not he contacted his company, his employer, Worldwide 17 Aircraft, after learning of the bent prongs on the GPU 18 receptacle? 19 20 21 A. 

### Q. A. Yes. And what didhe tell you? He stated that he had contactedMichael 22 Honeycutt, Jr. and explained to him the damage that he 23 had found on the fuselage receptacle, that the pins 24 were bent, and it is a matter of skin damage. 25 He askedwhat he should do, and he claimed to me



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1 that he was instructedto use his own judgment as to 2 how he handles the situation. 3 Q. Did Mr. Plas informyou as to who he was 4 discussing the bent prongs with? 5 6 A. Q. He sadMike Honeycutt. And didMr. Plas indicate to you whether or not 7 he documented the bent prongs in the 8 aircraft-maintenance logbook or on an 9 aircraft-discrepancy form? 10 A. He stated that he did notmake a logbook entry 11 because itwas not, in his opinion, a safety of 12 flight. 13 MR. HONEYCUTT: Again, your Honor, I 14 15 16 17 18 19 20 21 22 23 24 25 believe that we're beyond the scope. We have Mr. Plas' statement. We don't have this additional testimony that Mr. Donahue is presenting for Mr. Plas. THE COURT: Well, first and foremost, I think that we have a statement that has not been admitted. So I'm in the process of obtaining testimony through direct about what this witness knew or didn't know. As I understand it, your question or your objection is based on when this interview occurred as opposed to what was said, can you be



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a little more specific? You are saying that you think this particular testimony did not occur prior to this admission to this witness of Exhibit C-8? MR. HONEYCUTT: Correct, your Honor. don't believe

-- I'mnot sure when this questioning of Mr. Plas occurred. He testified that he interviewedMr. Plas and then asked him to write a written statement for the record. We have Mr. Plas' statement and nowhere in it does he say in there

a reference of damage or anything else. THE COURT: Okay. Mr. Vines, do you have any response to the objection? MR. VINES: I think the objection is distinct from the issue here. The issue here is what conversation the inspector had with Mr. Plas, and that's what I'm asking about. I

Mr. Plas was employed with the company. We're trying to investigate Mr. Plas' observations, his findings, his actions which are relevant to the complaint in this case. So I would argue that this testimony I am trying to elicit from Inspector Donahue is on point with



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1 

### 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 

### the material facts of this case. THE COURT: Thank you. Inspector Donahue, as I understand it, your testimony so far has been regarding the investigation and interview you hadwithMr. Plas prior to his submission of the June 8, 2009 letter identified as C-8A and B? THE WITNESS: That is correct, your Honor. THE COURT: So noted. Your objection, Mr. Honeycutt, is respectfully overruled. This is material that you shouldbe addressing in cross. The answer 14 will stand, and youmay continue. 15 BY MR. VINES: 16 

### Q. In your conversationwithMr. Plas, you last 17 testifiedthat he informedyou that he did notmake a 18 logbook entry, didMr. Plas relate any additional 19 information to you regarding observation that he found 20 of the two bent pins inside the GPU receptacle? 21 

### A. He didmake a statement that there was a bending 22 ofthe skin of the aircraft. 23 Q. And didMr. Plas indicate whether or not that 24 observationwas documented in the aircraft-discrepancy 25 form or in aircraft-maintenance log?



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1 

### 2 3 

### A. Q. A. 

### No, sir. He didn't indicate it or didhe say -- He statedthat he did a not make any logbook 4 entries. 5 Q. 

### Going back to the statement byMr. Honeycutt that 6 he informedyou that he tookthe GPU unit and attached 7 it to his truck and drove around the airport area, did 8 you, going backto the question earlier, did you 9 investigate whether or not that actually occurred, 10 whether or not Mr. Honeycutt do, in fact, do as what 11 he claimed to have done? 12 13 A. Q. 

### I did. Andwhat did you do as part of your 14 investigation? 15 A. With Mr. Honeycutt at my side, we were looking at 16 the ramp area where he allegedly had destroyedthis 17 heavy piece of equipment. 18 After he explained tome the dynamics ofwhat he 19 did, I askedhimwhat was his purpose was, and he 20 

### explained it tome. I asked him, ''Do you see any 21 damage to the Tarmac that would indicate impact with a 22 heavypiece of equipment, do you see any damage in the 23 tears or skidmarks", and his response was no. 24 

### 25 Q. A. 

### Andbasedon that, didyou form a conclusion? I did.



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1 2 

### Q. A. And what was that? That I could not see how a large heavy piece of 3 equipment, described in the manner in which Mr. 

### 4 Honeycutt stated, tied it to a truck, spun it around 5 until it pulled itself and damaged itself, medal that 6 was weighing pretty heavy could have not left any 7 marks whatsoever on a very soft Tarmac, which is 8 normally a small-rockbase withAsphalt. 9 

### Q. Were you ever able in your investigation to 10 determine what exactly happened to the GPU unit? 11 A. 12 is? 13 14 Q. A. Are you asking for a summation of what my belief

Yes. After the discussion with Mr. Honeycutt on the 15 Tarmac, his statement that he placedpieces of the 16 device in which he destroyed along side the taxi way 17 going out to the runway. 18 We walked that area, going out along the taxi 19 way, which is the only taxi way that the aircraft 20 could have gone down. We did find additional pieces 21 that gave an indication that it did come from a 22 ground-power unit, by type of design, all the way down 23 to the primary taxi way which is going down from the 24 departure end. 25 So we did find parts to that. I did do a



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1 

### continuation after I left Mr. Honeycutt uponmy 2 investigation. 3 4 Q. 

### A. Andwhat was that? I proceeded over to theAmerican Flyers Base 5 Operator, and there was a report of a pilot

-- 6 7 8 9 

### 10 11 

### 12 13 14 15 

### 16 17 

### 18 19 20 

### 21 22 23 24 25 

### MR. HONEYCUTT: Your Honor, Mr. Donahue is off again on a tangent. This is nothing I 

### was told he was going to be testifying to, about other pilots. I object to the line. THE COURT: There's been an objection

on the grounds that this informationhas not been previously disclosed, neither in exhibits or else wise. 

### Do you have a response? MR. VINES: Judge, the Administrator disclosed to the Respondent that Mr. Donahue wouldbe testifying to the facts of his investigation. It is true that the Administrator did not disclose every single fact associated withMr. Donahue's investigation. Nonetheless, Judge, as this court has discussedbefore with the parties, the Respondent had an opportunity in discoveryprocess to seek interrogatory questions from the inspector, to depose the inspector, none of which the Respondent did.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 

### 12 13 14 15 16 17 18 19 20 

### 21 22 23 24 25 So we have disclosed that Mr. Donahue would, in fact, testify about his investigation. Therefore, we argue that his testimony regarding his investigation is appropriate and is relevant. THE COURT: Let me ask you this, Mr. Vines, let's assume that a certain point Exhibit C-7A and B is admitted upon your new motion for admission, is there somethingbeyond that in addition to these exhibits that have already been admitted and that you plan to admit through the testimony of others that you would need? For example, it appears to me --we're getting almost to 4:00 hour. It appears to be peripheral evidence in terms of the allegations, violations that are before the Court. No doubt both parties have very strong opinions about the aftermath of what occurred, alleged to have occurred on May 3, 2009 and or May 7, 2009. We're now talking about a separate investigation about Mr. Honeycutt and his statements and potential behavior that occurred

on or about June of 2009. I'mwondering if this isn'tmore appropriate for a potential rebuttal if, in fact,



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Honeycutt denies the statements that he provided according to this witness to the FAA on

or about June 9, 2009. Isn't this more of rebuttal issue as opposed to a prima fascia case issue? MR. VINES: Judge, I will respond to that. THE COURT: When I say that, there is

no violation allegingmisbehavior byMr. Honeycutt that has been alleged to have occurred

on or about June 9, 2009, and, in fact, Mr. Honeycutt is not a named party in these proceedings other than the fact that he is here today representing his company which is. So there may be some very strong opinions about how he responded to the investigation and what he said, but is that really necessary for your prima facia case on the violations in the requested civil penalty? MR. VINES: Judge, I'm aware, and I'm attempting to formulate a response. Yes, Judge, I would. I would argue that the story that Mr. Honeycutt has presented would go toward one of the factors that the FAA considers in opposing a civil penalty and that is



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the latitude of violator. In this particular case, I would argue that Inspector Donahue's statement, as to his findings as to what actually happened, what really happened to the GPU unit, would be contrary to what Mr. Honeycutt signed off on the statement that is contained in C-7A and B. THE COURT: So this particular testimony is something that was used internally. What you are seeking to enter into the record is testimonial evidence that was not shared with the Respondent, but that served to inform your client

as to how to calculate the civil penalty? MR. VINES: Yes. THE COURT: And as a result, this is something that Ms. Farmer was advised, and she wouldbe potentially talking about the civil-penalty issue that goes beyond Exhibits C-17 and C-18. MR. VINES: No, Judge, C-17 contains C-18 contains the criteria for which the Administrator looks at inproposing a CP. THE COURT: I'm sorry, when we talked last Friday, you had identifiedC-17 and C-18 as being particularly relevant to the civil penalty,



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1 2 3 4 5 6 7 8 9 10 11 12 13 

### 14 15 16 

### 17 18 19 20 21 22 23 24 

### 25 and the Court directed you to provide some clarification information about those two exhibits to the Respondent so that he could address the civil penalty issue over the weekend. So that's where I'm assuming those two exhibits. But as I understand it from you, this is material that you utilized internally as part of your civil-penalty-assessment procedure? MR. VINES: Judge, this is relevant to the civil penalty, yes. THE COURT: Okay. Well since Mr. Honeycutt has not had a chance to discuss the civil-penaltyprocess withMs. Farmer yet, it appears to be a little premature. Is this witness available for tomorrow,

are you a local witness? THE WITNESS: I am, your Honor. THE COURT: Okay. Thank you. Is there anything else this witness couldprovide to you that does not involve the civil penalty or a civil-penalty calculation? MR. VINES: Yes, Judge. THE COURT: What would that be just as

an offer of proof? MR. VINES: That is going to be his



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conversation with the First Officer, Mr. Price,

as an inspector, excuse me, as an (inaudible) that has been qualified as an expert in Part 135 Operations what he would expect to be documented

or recorded, Judge. So there are some other pieces of information that I seek to elicit from this witness outside of the issue regarding the civil penalty. THE COURT: Okay. This is what I'm going to do, I will agree with you that there are parts of the investigation that may go towards the civil-penalty assessment. It sounds very much like this is part of that. What Mr. Honeycutt did or did not do afterMay 3, 2009 and or May 7, 2009 is peripheral to the violations themselves, but could, in fact, be on point in terms of how the FAA assesses the civil penalty. So this particular testimony that we've been starting to look into now from Inspector Donahue appears to be related to the civil-penalty assessment. This court previouslyjust, and when I saypreviously, just a few days ago, last week advisedMr. Honeycutt that he could, in fact,



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 

### 15 16 17 18 19 20 21 22 

### 23 24 25 have an hour of time to talk privately with Ms. Farmer before having the challenge of cross-examination regarding the civil penalty. don't want to be in a positionwhere Mr. Honeycutt is broadsidedwith this testimony without realizing its importance. So once Mr. Honeycutt has a chance to talk informallywith Ms. Farmer and become more I

educated about what the civil penalty is and what kinds of things that the FAA uses in terms of addressing and considering and to have reached the amount its reached in Mr. Honeycutt's case, this particular testimony from this witness would make much more sense, and it wouldbe relevant. So I'm going to ask the FAA to reserve the remainder of this particular testimony from Mr. Donahue to tomorrow, and we'll put himback

on the stand either before or after, probably before Ms. Farmer gets on the stand, which would then give Mr. Honeycutt an opportunity to be more fully informed before either of them start talking about standards that are used and evidence that was used for the calculation of the civil penalty. If you have questions to ask this



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 witness about the violations as opposed to the civil penalty, I wouldbe most appreciative if you couldmove into those categories at this time. And, Mr. Donahue, I'll ask you to be available tomorrow for testimony about this particularmatter when we get into the civil-penaltyportion of this case. THE WITNESS: Yes, Judge. THE COURT: Thank you. Mr. Vines. MR. VINES: Judge, if I may, just for understanding the roadmap of this case, there have been several pieces of testimony that have been elicitedthat will be used for purposes of the civil penalty. So again

-- THE COURT: I understand what you are saying, but most of those have been related specifically to the violations that have been charged against this individual company. What I'mhearing from this witness right now does not have to do with the actual violations. It is an allegation in a series of statements that appear to allegemisconduct by the Operator's owner in either covering up,



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 potentially covering up an act that was not in compliance in the Parts or some other basis in which you are offering it. It is not a statement that directly relates to what actually happened which involved the people who were involved in the happening. So I'm simply saying, Counsel, that if you are eliciting or want to elicit from this witness information about the other Operators lack of cooperation or lack of compliance after the fact, you have every right to do that. But I think in order to balance the scale so that the Respondent is fully aware of the import of this kind of testimony and how it would be considered by the Court, it is better to couple that with Ms. Farmer's testimony tomorrow. Not that you can't present it, but simply that I think it would be better to present it tomorrow after Mr. Honeycutt has his one hour of informal conversation withMs. Farmer as previously directedby the Court. You have 45 minutes left, sir. You have information from this witness that deals directly with the violations. Do you have other questions to ask this witness about that?



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1 2 MR. VINES: Yes, Judge. THE COURT: Please continue. 3 BY MR. VINES: 4 Q. Inspector, did you have occasion to speak with 5 the First Officer ofN90LJ that operated that aircraft 6 from a citypoint from TDP to MYAM? 7 8 A. Q. I did. First of all, are you familiar with the city 9 codes, the airport codes that I just referenced? 10 11 12 A. Q. A. I am. The last one, yes. What does MYAM stand for? It is a location that what they refer to as an 13 Airport IdentificationNo. The MYAM is a location in 14 

### 15 Nassau, Bahamas. It is a small airport. Q. Thank you. What did your conversation with 16 Mr. Price entail? 17 A. The facts as he understood them. The events that 18 transpired during that flight. 19 20 Q. A. And what did he tell you? He explained to me the events, as we had done, 21 from the respective of the First Officer seated in the 22 left seat during preflight, startedprocedures, taxied 23 out, and what his knowledge base was at the time where 24 the ground personnel stated that they were unable to 25 attach the (inaudible) cord to the aircraft for



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1 purposes of starting the engine in theNassau area. 2 Q. 

### DidMr. Price have any -- what, if any, 3 information did Mr. Priceprovide to you that you 4 thought was relevant to your investigation? 5 

### A. I would say two points. One is from the 6 perspective of the First Officer that was actually 7 flying that leg on the aircraft. He stated tome that 8 he noticed (inaudible) sequence that he believed that 9 the ground-power unit was attached due to a voltage 10 drop in the instrumentation on his aircraft panel. He 11 assumed that the unit was attached, however no 12 communications between he and Captain Plas occurred 13 that would steer him any in any other direction. 14 The secondwas that he was not confided in on the 15 events concerning the conversationbetween Mike 16 Honeycutt and Captain Plas. 17 

### Q. Thank you. Were you ever assigned as the 18 Principle Operations Inspector for Worldwide Aircraft? 19 

### 20 21 A. Q. 

### A. I was. Do you recall when that tookplace? It was after Inspector Kahler happened on his 22 relief of command on certificate. As I recall 2010, 23 January. 24 

### Q. And as part of yourposition as Principle 25 Operations Inspector for Worldwide Aircraft, would you



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1 be familiar with the company's General Operations 2 Manual? 3 4 5 6 A. 

### I am. MR. VINES: Your Honor, may I approach? THE COURT: You may. MR. VINES: I'mgoing to show you 7 what's been admitted into evidence as C-13A 8 through C-130. 9 BY MR. VINES: 10 11 

### 12 13 Q. A. Q. A. 

### Are you familiar with FAA 

### Regulation 135.21A? I 

### am. What does that regulation require, if you know? I don't know the specifics as I'mnot an 14 Airworthiness Inspector, but it has to do with the 15 airworthiness status of the aircraft. 16 Q. 

### Do you know if that regulation addresses the 17 requirement that the Part 135 Operator complied, 18 excuseme, that the Part 135 Operator's Manual must be 19 usedbythe Certificate holders 20 flight-ground-and-maintenance personnel when 21 conducting its investigation? 22 23 A. Q. 

### Yes. And the exhibit you have in front of you, Exhibit 24 C-13Athrough 0, is themanual that is requiredunder 25 135.21A?

For

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1 2 A. Q. Yes, that is correct. Okay. And for purposes of this hearing, assuming 3 that

-- first let me direct your attention to 4 paragraph E-3 and F-1 of the General Operations 5 Manual. Have you had a chance to look at E-3? 6 7 8 9 

### A. 

### Q. A. 

### Q. I have. Have you had a chance to read E-3? Yes. Assuming for purposes of this hearing, if the 10 bent prongs to the aircraft GPU receptacle is 11 considered or is considered a mechanical discrepancy 12 or a mechanical irregularity, would you expect the 13 Operator to document that particularmechanical 14 discrepancy or irregularity in the aircraft 15 maintenance log or aircraft-discrepancy form MX02? 16 17 18 

### A. 

### Q. A. That is correct. And why is that? The aircraft typed-data sheet specifies component 19 parts on the aircraft when they are nonfunctioning. 20 Itmeans the aircraft is not meeting certificate 21 capabilities. It is not able to fly in the manner in 22 which it was designed. This particular case, the 23 aircraft could not be startedusing the ground-power 24 unit if the batteryhadbecome defective. 25 Q. Similar question, are you -- similar line of



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1 questioning rather, are you familiar with section 2 135.65C, that regulation? Let me ask you this, if you 3 were to review, would that refresh your recollection? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. It would. THE COURT: Counsel, this witness cannot provide a conclusion of law that trespasses on the exclusive prominences of this court. I hope you realize that.

a copy? MR. VINES: Yes, Judge. THE COURT: Thank you. MR. HONEYCUTT: Your Honor, can I have

THE COURT: I'll note that Mr. Vines is showing a copy of the regulation to Mr. Honeycutt.This is available to the public, Mr. Honeycutt. It is available even if you Google this dissertation. You are welcome to take a look at Mr. Vines' book if you'd like. MR. VINES: For the Respondent's convenience, Judge, this regulation is contained in the complaint which the Respondent has a copy of. THE COURT: Thank you. What page of the complaint is it on,



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Vines, just so we all know? MR. VINES: Count three. MR. HONEYCUTT: What was Mr. Vines' last statement? I'm sorry, I didn't hear it. THE COURT: If you look at your complaint MR. HONEYCUTT: Yes, ma'am. THE COURT: and if you go to page three, on page three of the complaint in paragraph 12, it has anA and B section. Section Abasically states what 14CFR Section 135.21A says. Section B of paragraph 12 on page three of the complaint basically identifies what 14CFR Section 135.65C says. If you look at the amended complaint that was filed by the FAA, essentially the FAA is asserting that 12A of the complaint is the violation that occurred on approximately May 3, 2009 and 12B involving Section 135.65C occurred

on or about May 7, 2009, as I understand, the complaint and what Mr. Vines has said earlier in his opening. Any other questions, Mr. Honeycutt? MR. HONEYCUTT: No, ma'am. THE COURT: Mr. Vines, youmay



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1 

### 2 3 4 continue.

Judge? MR. VINES: May I approach the witness,

THE COURT: You may. 5 BY MR. VINES: 6 7 8 9 10 Q. A. Q. 

### A. Q. Showing the witness FAA Regulation 135.65C. Yes, sir. Have you had a chance to review that regulation? I have. You testified earlier that Captain Plas indicated 11 to you that there was a tear in the aircraft skin, I 12 am understanding that is your testimony, correct? 13 14 A. Q. Correct. Assuming for purposes of my argument that that 15 tear in the aircraft skin constituted an observed 16 failure or malfunction of the airframe, would you 17 expect the company, Worldwide Aircraft to document 18 that tear in the aircraft skin in an 19 aircraft-maintenance log or on the MX02 form? 20 21 

### 22 23 24 25 

### A. Q. I would. Why

-- MR. HONEYCUTT: I'm sorry, I would hate to interrupt, but what was your statement again? THE COURT: Mr. Honeycutt, are you asking for the question to be repeated?



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HONEYCUTT: Yes, ma'am. THE COURT: Madam court reporter, could you repeat back the question? I'll note that the court reporter is unable to readback the question at this point. I can rephrase it to the best of my ability. Assuming if you believe my argument that the tear of the aircraft would be a failure

or a malfunction of the airframe, would you agree that the captain should have recorded the action taken. That is essentially what the question

was to this witness and he answered yes. Does that help?MR. HONEYCUTT: I thought Mr. Plas made the comment that there was a tear in the aircraft and that's not Mr. Plas' statement. THE COURT: Okay. So you are objecting to the form of the question? MR. HONEYCUTT: And the answer. Again, there's an indication that there is a tear in the aircraft. They haven't proven that there's a tear in the aircraft. They just asserted that Mr. Plas toldMr. Donahue that and that's not the

case.



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1 2 3 4 5 6 7 8 9 10 11 

### 12 13 

### 14 THE COURT: Okay. Thank you verymuch for your objection. It is noted. It 

### is overruled. The question and the answer will stand. Again, some of this is basically

-- it goes to your abilityto cross-examine. You have

a witness to cross-examine andpoint out weaknesses ormistakes in the opposing side's

case. Do you have other questions that you would like to ask this witness, Mr. Vines? MR. VINES: Yes. I don't recall getting an answer from the witness, Judge. THE COURT: He did answer. The answer 15 was yes. 16 BY MR. VINES: 17 

### 18 Q. A. 

### And why do you feel that way? The aircraft skin is part of the aircraft and any 19 damage to thatmay affect flight characteristics as in 20 size of the aircraft, any tearing of the skinmay need 21 to be reviewed if it is a pressurized aircraft. 22 In this case, the damage that occurredwas the bi 23 product of the attachment of the cordthat hadbent 24 pins and damaged the skin of the aircraft when it was 25 pulled free.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 Q. Thank you.MR. VINES: I don't have anything further for Mr. Donahue. THE COURT: At this time, it is my understanding that youmight call himtomorrow. Mr. Honeycutt, do you have any cross-examination of this witness at this time? MR. HONEYCUTT: Yes, ma'am. THE COURT: Please go ahead. 10

- - - 11 CROSS-EXAMINATION 12

- - - - - 13 BY MR. HONEYCUTT: 14 Q. Is it your testimonythat JET I.C.U. Worldwide 15 Aircraft, based on your investigation, took off with 16 the GPU attached to it? 17 A. The evidence would suggest that that aircraft did 18 take off or taxied and did take off with a product 19 attachedto it, mainly the GPU byphysical evidence 20 corroboratedby pilot statements. 21 22 Q. Can you produce the evidence? THE WITNESS: Am I allowed, your Honor, 23 to respond to that? 24 BY MR. HONEYCUTT: 25 Q. It is a yes or no question. Can you produce the



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1 evidence? 2 3 4 5 6 7 8 9 10 THE COURT: Excuse me, Mr. Honeycutt, there has been a question opposed to the Court. MR. HONEYCUTT: Yes, ma'am. THE COURT: The question has been posed to you, no objectionhas beenmade. You should

answer. So the question was, can you produce it? THE WITNESS: I have no physical 11 evidence as the evidence

-- 12 BY MR. HONEYCUTT: 13 Q. Thank you. Your background is operations; is 14 that correct? 15 16 A. Q. Correct. You have no mechanical background, you have no 17 A-and-P license or no inspector of (inaudible); is 18 that correct? 19 20 A. Q. That is correct. So would itbe your statement that you can't be 21 an expert witness on maintenance, for example, tear of 22 skin and what would

-- I mean, I don' believe you are 23 an engineer as well, but what would deteriorate an 24 aircraft to the point of damage? 25 MR. VINES: Objection, compound



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1 2 3 4 5 6 7 8 question. THE COURT: There's been an objection

on the grounds that it is compound. Do have any response? MR. HONEYCUTT: Yes, ma'am. I'll rephrase the question. THE COURT: The objection is noted and renderedmoved. The question is withdrawn. You 9 may rephrase. 10 BY MR. HONEYCUTT: 11 Q. Again, you have no maintenance background or 12 license to work on an aircraft, correct? 13 14 A. Q. Correct. You don't have an engineering background, 15 therefore you can't testify as an expert on what may 16 happen to the skin of an aircraft if it is dented or 17 tore? 18 A. I am a credentialedpilot. Part of our 19 pre-flight requirements is that we ensure that the 20 aircraft is airworthy. 21 22 Q. A. I understand. The discretion of the pilot makes the initial 23 determination that would then be given to a qualified 24 representative of the airworthiness, the (inaudible) 25 with an A-and-P Mechanic Certificate.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Q. 

### So it is your testimony that you don't have a 2 background in (inaudible) and you can'tbe considered 3 an expert in that area? 4 5 6 7 8 

### MR. VINES: Objection, Judge, compound question. THE COURT: The objection is noted and respectfully overruled. You may answer. THE WITNESS: I am not a qualified 9 maintenance representative. 10 BY MR. HONEYCUTT: 11 Q. 

### That works. On your exhibit that you have in 12 front of you labeled C-7A and C-78, couldyou explain 13 what the bottom of it says Revision: Original 9/2/07 14 means? 15 16 17 A. Q. A. 

### Yes. Couldyou explain to me what that means? This inspector's statement of fact is a form that 18 I have generatedmyself inmy use as an inspector to 19 represent facts in a given case. As forms are often 20 revised, I use the same methodology. As I'll define 21 it for you in the 8900.1 Management Control of 22 Documents. 23 This revision originalmeans the first statement 24 attempt or first attempt at a document, as it is a 25 living document and can be changed. The date



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 alongside of 9/2/2007 is when the date that I had 2 initially created this document for its intended 3 purpose. 4 Q. What is the

-- under your name, Robert Donahue, 5 front-line manager through Unit 6, what does that 6 reference? I'mjust curious. 7 A. This form was created during the period I was the 

### 8 front-line manager employed at the Tampa Flight 9 Standard District Office Tampa, Florida. As I left 10 that position, I retained the form. 11 12 At the time this statement was done, I hadnot yet removed the front-line manager's. So I 13 (inaudible) correctionwas initiated and initialedby 14 myself to indicate that this is not somebody elses 15 signature. 16 17 18 19 20 21 22 23 24 25 Q. A. Why are you no longer front-line manager? It was my choice to leave that position. MR. VINES: Objection. THE COURT: I'm sorry, there was an objection.MR. VINES: Objection to relevance. THE COURT: Your objection is noted and respectfully overruled. I'm sorry, were you finished with your answer?



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 THE WITNESS: Yes. 2 BY MR. HONEYCUTT: 3 4 5 Q. A. Q. I'm sorry, and your answer was? I left the position ofmy own desire. Okay. Did the personnel and employees of JET 6 I.C.U. cooperate with you during your investigation? 7 A. They were free, and they did not holdback any 8 information. The statements provided to me I took as 9 honest and true. 10 

### Q. You referenced the

-- again, your counsel 11 referenced Exhibit C-7A and B, your statement of 12 facts, you referencedmy signature on that? 13 14 15 16 A. 

### Q. A. 

### Q. That's Correct. As well as Frank Schaefer's signature? That's correct. Can you explain to the Court how three signatures 17 got on this document? 18 

### A. The document was intended to provide one common 19 source of information that all parties privy to that 20 discussion occurred. Myself and Mr. Schaefer, we 21 signed it at the same time in his cubicle. 22 This informationwas then moved over to you for 23 your concurrence, and you did state at that time that 24 you are validating the authenticity of the facts, and 25 therefore you signed it.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 Q. A. How did I receive it? I thought it was inperson, but that was a long 3 time ago. 4 5 6 Q. 

### A. Q. Would you look at the top of the document? Yes. I believe the time of the document received 7 6/9/2009 at 8:22? 8 9 A. Q. Yes. From JET I.C.U., would you consider that to be a 10 fax letter cover head at the top? 11 12 A. Q. Itmay be. So would you -- you don't have the cover page 13 from this fax is what you're saying? 14 15 16 17 A. Q. A. Q. I do not. But itmaybe in the EIR? I don't know. So there may be another page to this, you would 18 agree to that? 19 20 A. Q. I can't deny that there's not. All right. Mr. Price's statement that youjust 21 referenced, Exhibit C-9, could you point out in the 22 statement there

-- 23 24 25 

### A. I do not have C-9. I have C-8A and C-BB. THE COURT: I'm assuming, Mr. Vines, that you have C-9, could you provide that to Mr.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 

### Honeycutt, please. MR. VINES: Yes, Judge. MR. HONEYCUTT: Thank you. May I approach the witness, your Honor? THE COURT: Youmay. 6 BY MR. HONEYCUTT: 7 Q. 

### Do you recognize that document as the letter that 8 Mr. Price wrote to you as requestedby you? 9 10 11 

### THE COURT: Is this Exhibit C-9? MR. HONEYCUTT: Yes. THE WITNESS: It is. 12 BY MR. HONEYCUTT: 13 Q. 

### Earlier you testified thatMr. Price statedthat 14 he was not privyto the conversationbetween Captain 15 Plas andmyself, could youpoint that out in this 16 document where he discusses not being privy to the 17 conversation? 18 A. 

### Mr. Pricemade that statement to me by oral when 19 I was inmy oral investigations with him. He did 20 state that he was not privy

-- 21 22 Q. 

### A. Did you -- I'm sorry, go ahead. he was not privyto the communications between 23 

### you and Captain Plas. 24 25 Q. A. 

### Did youmake notes of that? I did.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 Q. Would that be in your file, would that be in the 2 investigative report file? 3 A. I don't know what the content of this file is 4 here. It does not appear to be on the documents that 5 are presented in front of me. 6 Q. But it is your testimony that you made 7 documentation that Mr. Price made that statement? 8 9 A. Q. I did. And then I believe that Mr. Kahler said that your 10 investigative report came to him, as well as 11 Mr. Schaefer, and then he started the EIR ln July. So 12 I just wanted to clarify that you made notes on your 13 conversations with Eric Price? 14 15 16 17 18 19 20 21 22 23 24 25 A. I did. MR. HONEYCUTT: Your Honor, I have not been privy to that. THE COURT: You have a motion of some sort? MR. HONEYCUTT: My motion is to strike Mr. Donahue's statement that Mr. Price told him he was not priveledged to the conversation between Plas and myself, Michael Honeycutt, on the day of the alleged incident for the fact that

we have not been given proof of that, and it is not inMr. Eric Price's statement.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 

### 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Well, letme ask you this, how do you think that is relevant to the proof of the prima facia case in your defense? It seems like a fairly circumstantialmatter to this court. Why is this important to you? MR. HONEYCUTT: Well, it is important to me, your Honor, that the statements are facts. You know, Mr. Donahue is alleging that he had a conversation with Mr. Price, and I don't have the ability to cross Mr. Price. Therefore, it leads to the fate where we're going to go with --meet with counsel that this fine, you know, the price of the fine is based on some information that I have not been privy to. THE COURT: Okay. Thank you. MR. HONEYCUTT: So I just want to point out that it

-- I'm sorry, your Honor. THE COURT: Okay. Go ahead, Mr. Honeycutt.MR. HONEYCUTT: I just want to point out that it is not in Mr. Eric Price's written statement that he wasn't priveledged to our conversation. THE COURT: Okay. First and foremost,



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this witness did not answer your question when you asked if the information was contained inMr. Price's statement. Would you answer that now; is that a yes or a no? THE WITNESS: It is not contained in the statement that was just presented to me. THE COURT: Okay. And the rest of your
answer was an explanation as to why you were able to testifyto it as to what was contained in the statement.MR. HONEYCUTT: That's correct, your Honor. THE COURT: And as I understand it from your testimony, you made notes that were independent of the receipt of this June 5, 2009 letter identified as Exhibit C-9 that inform your testimony today about the events that occurred approximately five years ago. THE WITNESS: As part of the complaint that I was investigating yes, ma'am. I did create the same form of inspector statements, and they were presented with the actual complaint and

was put on file at the Flight Standard's office. THE COURT: Your inspector statement is



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### Hearing WorldwideAircraftServices,Inc. 

### 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in which document, if you recall? THE WITNESS: Actually, I believe there should have been two or three inspector statements Charlie 7 Alpha and Charlie 7 Bravo is what I have in front of me. THE COURT: Okay. to C-7A and B for a moment. I'mjust going to go Since exhibit C-7A and Bhave not yet been admitted, can you review Exhibit C-7A and Bwhere, if at all, you indicate where the conversation with Mr. Plas to which you testified that is not included in Mr. Plas' statement that we just reviewed? MR. VINES: Judge, I just want to make

sure we're on the same page. There was two pilots involved. It was Price and Plas. my understanding that the Respondent was asking

-- It is

THE COURT: About Mr. Price instead of Mr. Plas? MR. VINES: Yes. So I want to make

sure -- THE COURT: That we're on the same page. Thank you for that clarification. So Mr. Price's statement is

-- let's

see if we can find that.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HONEYCUTT: C-9, your Honor, is Mr. Price's statement.

Honeycutt.THE COURT: Thank you verymuch, Mr.

Do you have C-9 in front of you, sir? THE WITNESS: No, your Honor. THE COURT: Who has C-9? MR. HONEYCUTT: We have a copy. THE COURT: Mr. Honeycutt, this is your inquiry, do you want to check the podium in front of you to see if C-9 is there? MR. HONEYCUTT: I would, your Honor. THE COURT: Okay. If I recall the testimony so far in cross, Mr. Donahue you already saidthat Mr. Price's statement that he made to you is not inMr. --Mr. Price's statement about the fact that he was not privyto the conversation between Mr. Honeycutt andMr. Plas is not contained in C-9, he said it to you orally? THE WITNESS: I have not seen C-9. THE COURT: Okay. Why don't we look at C-9 for just a moment, please. MR. HONEYCUTT: C-9 is not on the podium, your Honor.



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### Hearing WorldwideAircraftServices,Inc. 3/5/2014

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: I have C-BA, B. Here is C-9. I'm sorry. THE COURT: C-9 has been found in Mr. Donahue's position. Could you again, Mr. Donahue, review C-9 to see ifMr. Price indicated that particular piece of information in this statement he providedto you. THE WITNESS: Yes, ma'am. THE COURT: Is that particular statement included in Exhibit C-9 anywhere? THE WITNESS: It is. THE COURT: And where is it? THE WITNESS: The third paragraph May I read it? THE COURT: No. down.

Mr. Honeycutt, the witness states the testimony is that the conversationbetween Mr. Plas and youby telephone was described by Mr. Price in Exhibit C-9 in the third paragraph down. MR. HONEYCUTT: I agree that the reference to our conversation is there, the question I had is that Mr. Plas does not make a statement that he was not privileged

-- Mr. Price



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 does not make in this statement that he was not privileged to that conversation. THE COURT: Okay. Thank you. Mr. Donahue, in your own statement, which I believe has been marked as Exhibit C-7A and B, do you mention this matter of whether or not Mr. Price states if he is

-- whether or not he was privy to the conversationbetweenMr. Honeycutt and Mr. Plas? THE WITNESS: No, ma'am, C-7A and B do not address the conversations with eitherpilot. This was a statement of fact of the events at the airport. THE COURT: Okay. You had indicated in your earlier testimony that Mr. Price said this information to you orally and that you made notes of that conversation. THE WITNESS: I did. THE COURT: Did you bring the notes with you today? THE WITNESS: I did. THE COURT: Where are they? THE WITNESS: I have them inmy brief. THE COURT: I'mgoing to ask you to get up off the witness chair, and if you wouldbe so

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### 24 25 kind, to bring those notes back up to the witness chair. I'll note that Mr. Donahue is returning to the witness chair with some materials. Could you look through your notebook and see if you can find that clarification of that conversation? THE WITNESS: Yes, ma'am. MR. VINES: Judge, may I ask the Court, why the Court is asking Mr. Donahue to reference his notes before Mr. Donahue actually does so? THE COURT: Yes, because it is a fundamental right of the opposing side to see the written notes that help the party or the witness to recollect testimony. So if it has not been disclosed, Mr. Honeycutt has a right to review the notes that support the testimony that has just been elicited in direct. That's why. We're not saying that all of the notes that are in this particular witness' possession

are available for disclosure. It is simply the

ones that are directly related to this point. Have you found the notes, Mr. Donahue? THE WITNESS: I have.



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Counsel, you are welcome to

come up and look at these notes quietly. want to take a look at the notes? MR. VINES: Yes. Do you

THE WITNESS: I thought I had the right ones, but I have so many in here. THE COURT: And while you're doing that, sir, I'll just note for the parties that it is about 4:26, which means we have about four minutes left. It maybe that this is something that you are going to end up providing after our brief recess. From 4:30 to 5:30 Ms. Farmer is going to be available to Mr. Honeycutt and his assistant in the presence of Mr. Vines for any informal discussion about how the FAA utilizes the publiclypublishedmaterial on how sanctions

are assessed, and then, Mr. Donahue, I would also like you to provide or at least show to Mr. Honeycutt and to Mr. Vines thematerial that you clarified after you had this conversation with Mr. Price in which you said he was not privy to the conversation that Mr. Honeycutt had with his pilot. So that Mr. Honeycutt is aware of what notes you took contemporaneously that would help



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### 24 25 refresh your memory on that regard. In addition, eitherMr. Donahue and or Mr. Vines, I would like you to provide either an oral summary or a written summary of the information that you seek to elicit from Mr. Donahue tomorrow about the material that we

reserve for tomorrow's testimony that relates specifically to the assessment of the fine. That being there was in the beginning of the testimony about how Mr. Donahue engaged in other investigation after Mr. Honeycutt quit his presence when he went over to American and then that's where the testimony stopped. If you, Mr. Vines, could provide a brief summation of what that testimony is and why it is important, that wouldbe helpful. Then, when we come back tomorrow, everyone will be more

on the same page and able to proceed without feeling like they've been blindsided. Mr. Donahue, have you found the notes? THE WITNESS: I am reading the statement right now to see if that is indeed the correct statement. THE COURT: Okay. Mr. Vines, letme ask you this, we have

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### 18 19 20 21 22 23 24 25 Mr. Donahue on the stand, we're going to have a little more time with him on cross for these matters tomorrow morning, and then he will be recalled after or put back on the stand depending

on the order of witnesses to talk about the American investigation in June 2009, aside from Mr. Donahue andMs. Farmer and Mr. Singleton, anyone else you are planning to call? MR. VINES: No, Judge, just the witnesses you justmentioned. THE COURT: Okay. We have one day reserved left so I am a little concerned about the time we have left we reserved. If I recall, when we first got together and talked about this case in 2013, you both thought it could be done in a day, and I reserved two days as a matter of caution which appears to have been underestimated. Mr. Honeycutt, I know you are planning to testify, and you were talking about having Mr. Fanning come back potentially, who else are youplanning to have testify? MR. HONEYCUTT: Lisa Oleski. THE COURT: Anyone else, you had originally identified 10 different people, I just



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wanted to know if there's been a reduction in any way? What about your father, William Honeycutt? MR. HONEYCUTT: Yes, your Honor. THE COURT: There was a Kurt Handing that you had scheduled? MR. HONEYCUTT: That was the mechanic that the government intended to call. So I listed the government's witnesses as well. As for me, my witnesses are me, my father, Mr. Fanning, and Lisa. THE COURT: And yourself? MR. HONEYCUTT: I am not sure. THE COURT: You had listedyourself. So I am just going to keep that possibility open for you. I'mjust trying to think of how we can squeeze everybody into one day tomorrow. Mr. Vines, how much time do you think Mr. Singleton's testimony is going to take, best estimate? MR. VINES: Approximately one to two hours, two hours. THE COURT: Okay. We may not finish at 5:00 tomorrow night. So the question is, if I

can reserve this room for part of the morning on



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Friday, I would be happy to do so. That may be a test of the Courthouse's resources that are not available to the Court, but I certainly will inquire. If that is not available, then I want youboth to be thinking about what we can do. I mean, the most expensive alternative is to come back again. I'mnot sure that any of us would want to wait that long, impart because my trial calendar is booked through the next October, this coming October, whichmeans a very long time to wait. We could potentially do some other things which would include having you all come to Washington, DC which would be an in-person hearing for the final portion of this case. We could also consider talking about perpetuation depositions, although I think given Mr. Honeycutt's lack of experience, that's probably not a wise alternative to consider. We could talk about doing some other things, but I'll leave it to you to talk to each other about what would work for youboth and or to provide some suggestions to me tomorrow in the event that I don't have the option for this



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 courtroom for Friday. Mr. Vines, are you even available; did you travel in from a different part of the country? MR. VINES: I did, Judge, but I am available for Friday. My flight is scheduled for 4 p.m. on Friday. THE COURT: Okay. Mr. Honeycutt, would you be available

on Friday if I can get the courtroom for a short period of time? MR. HONEYCUTT: Yes, ma'am. THE COURT: Okay. I would recommend that, if it is at all possible, that we start at 8:30 tomorrowmorning, add a half hour to our time. That would give us from 8:30 to 5. It would squeeze a littlemore time for us, and then I will check in to whether the courtroom is available.

flight. I would have to leave by 11 to catchmy I cannot change my flight for reasons I don't need to get into right now, but if we had 8:30 to 5 tomorrow and then potentially a little bit of time from 8:30 to 11 on Friday, I think we couldprobably finish up. I'll talk to the

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Courthouse staff about that. Madam court reporter, what about you? I forgot to ask you. THE COURT REPORTER: I shouldbe able to. THE COURT: Okay. If it is not possible for you, could you contact your office and have them send another reporter? THE COURT REPORTER: Yes. THE COURT: That's great. So to recap, Mr. Donahue, if you would provide additional visual reading of your notes

Mr. Vines.THE WITNESS: I have them right here. THE COURT:

-- to Mr. Honeycutt and

Mr. Vines, if you couldprovide just a general summary of the testimony of Mr. Donahue that speaks directly to the assessment of the penalty and then, folks, you're welcome to sit and use this courtroom, I believe

-- Officer, is that correct? THE BAILIFF: Yes. THE COURT:

-- until 5:35 so that Mr. Honeycutt and his assistant can inquire Ms.



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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Farmer. And, Ms. Farmer, if you couldbe available to do that, that would be a great assistance. I'll see you all back here at 8:30 tomorrowmorning. With the that, the Court is in recess. Thank you.
Whereupon, the court recessed at 4:40p.m.)

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# I Untitled 1 CERTIFICATEOFREPORTER 2 STATEOF FLORIOA 3 COUNTYOF HILLSBOROUGH: 4 5 I, LAURAMORALES, CourtReporter, 6 NotaryPublic, certifythatI was authorized 7 toanddidsteno!Jraphicallyreporttheforegocing 8 proceedingandthatthetransccriptisa true 9 and completerecordofmystenographicnotes. 10 I furthercertifythatI amnot il ll relijtiv·e, employee, attorney, orcounselof 1'2- any_ofthe**parties~** noram

### ·ra relati-ve·or 13 emp.loyeeofanyofthepar-ti-es-' att:or·neyrir 14 counsel connectedwitht:heactionJ noram ! 15 finanda11y interestedintheaction. 16 17 18 ;19 20 2l 22 23 24**2~**

# ~JA!Jv**'-f~Y1 ~h** **~ L;~~orales,;**  court:**R~porter,**_.Notary-P-Ublic StateofFloridaatLarge MycommissionNo.: FF()29798 Expires: June10,**~017**