U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

___ w_A_sHIN_G_To_N._D._c. -~RECEIVED 

IN THE MATTER OF 

EMPIRE FLIGHT ACADEMY 

Docket No. FAA-2011-0290 (CP10EA0004) 

Administrative Law Judge (ALJ) J.E. Sullivan 

AGENCY'S WITNESS/EXHIBIT LIST 

MAR -7 2012 

HEARING DOCKET 

COMES NOW Complainant (the Agency), by and through its designated 

representative, the Regional Counsel for the Eastern Region and his duly designated 

agents, and submits Agency's Witness/Exhibit List in accordance with the Order of the 

ALJ in this proceeding, dated November 22, 2011 

WITNESSES 

The Agency intends to call the following witnesses: 

(1) Eric Claros, 20 Winthrop Road, Brentwood, NY 11717-2346, will testify about 

the circumstances of the flight that he took with the N383CA aircraft on April 8, 

2009, and about his reporting this matter to Empire Flight Academy (BFA). 

(2) Steven Hall of Clyde Air LLC, 117 The Helm, East Islip, NY 11730,which owned 

the aircraft, will testify about the arrangement that Clyde Air leasing had with 

BFA during the time period in question, whereby EFA maintained and operated 

the aircraft. 
(3) Aviation Safety Inspector (ASI) Louis Misiano, Federal Aviation Administration 

(FAA) Farmingdale Flight Standards District Office, 7150 Republic Airport, 

Admin. Building, Suite 235, Farmingdale, NY 11735, will testify about his 

investigation of the case- which included interviews with EFA personnel and 

review ofEFA logbooks and other EFA-related documents- and how this 

investigation led him to the conclusion that EFA violated the Federal Aviation 

Regulation (FARs) as alleged in the Complaint and that a civil penalty of$15,300 

is appropriate. As ASI Misiano will be offered as an expert witness, attached 

herein is his resume as Exhibit C-20. 

EXHIBITS 

The Agency intends to offer the following exhibits into evidence: 

C-1 Notice of Proposed Civil Penalty, dated November 10, 2009 (7 pages); 

C-2: Letter of John Zaremba with attachments, dated December 7, 2009 (5 pages); 

C-3 NYS records reflecting corporate status ofEFA (2 pages); 

C-4 FAA registration records reflecting ownership ofN383CA by Clyde Air Leasing (3 

pages); 

C-5 Letter from Steven Hall of Clyde Air Leasing, dated April 17, 20 I 0; 

C-6 Records reflecting business dealings of Clyde Air Leasing with EF A (25 pages); 

C-7 Affidavit of ASI Misiano, dated June 22, 2011; 

C-8 Statement from Samer El Sayed, dated June 5, 2009; 

C-9 Copies of maintenance logs for N383CA from April 7, 2009 to June 1, 2009 and 

supporting documentation (78 pages); 

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C-1 0 Copies of maintenance logs for N383CA after the June I, 2009 incident and 

supporting documentation (6 pages); 

C-11 FAA Form 1360-33, dated June 4, 2009, reflecting interview with Paul Masaracchia 

and Mr. El Sayed; 

C-12 FAA Form 1360-33, dated July 10, 2009, reflecting interview with Paul 

Masaracchia (2 pages); 

C-13 FAA Form 1360-33, dated July 24, 2009, reflecting interview with John Seskus (2 

pages); 

C-14 FAA Form 1360-33, dated August 10, 2009, reflecting interview with John 

Zaremba (2 pages); 

C-15 Statement of Eric Claros, dated June I 0, 2009; 

C-16 Affidavit of ASI Misiano, dated June 22, 2011, with attachments (25 pages); 

C-17 DOT IF AA Legal Interpretation; 

C-18 FAA Order 2150.3B, page B-6; 

C-19 FAA Order 2150.3B, page B-20; 

C-20 Resume of ASI Misiano (2 pages); 

C-21 N383CA maintenance log, dated AprilS, 2009; 

C-22 Diamond Aircraft DA20-CI aircraft maintenance manual chapter 20-00-00 (3 

pages); 

C-23 Diamond Aircraft DA20-CI aircraft maintenance manual chapter 32-40-00; 

C-24 Diamond Aircraft DA20-CI IPC Chapter 32-40 (2 pages); 

C-25 Diamond Aircraft Time Limits and Maintenance checks 05-20-00 (2 pages); and 

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C-26 FAA Form 1360-33, dated July 23, 2009, reflecting interview with David Dunlop 

(2 pages). 

Sincerely, 

ALFRED R. JOHNSON, JR. 

REGIONAL COUNSEL 

By: --~~-+--~~ 

Zachary· 

Attorney 

Office of the Eastern Regional Counsel (FAA) 

1 Aviation Plaza 

Jamaica, NY 11434 

Phone: (718)553-3258 

Telefax: (718)995-5699 

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