U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

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# -~RECEIVED IN THE MATTER OF EMPIRE FLIGHT ACADEMY Docket No. FAA-2011-0290 (CP10EA0004) Administrative LawJudge (ALJ) J.E. Sullivan

AGENCY'S WITNESS/EXHIBITLIST 

## 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 ofthe 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 ofthe flight that he took with the N383CA aircraft onApril 8, 2009, and about his reporting this matterto Empire Flight Academy (BFA).
(2) Steven Hall ofClyde AirLLC, 117 The Helm, East Islip, NY 11730,which owned the aircraft, will testify aboutthe 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 ofthe case- which included interviews with EFA personnel and review ofEFAlogbooks and otherEFA-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 ofProposed Civil Penalty, dated November 10, 2009 (7 pages); C-2: LetterofJohn Zarembawith attachments, dated December 7, 2009 (5 pages); C-3 NYS records reflecting corporate status ofEFA (2 pages); C-4 FAAregistration records reflecting ownership ofN383CAby ClydeAirLeasing (3 pages); C-5 Letterfrom Steven Hall ofClyde AirLeasing, dated April 17, 20I0; C-6 Records reflecting business dealings ofClyde Air Leasing withEFA (25 pages); C-7 Affidavit ofASI Misiano, dated June 22, 2011; C-8 Statement from SamerEl Sayed, dated June 5, 2009; C-9 Copies ofmaintenance logs forN383CAfrom April 7, 2009to June 1, 2009 and supporting documentation (78 pages);

2C-10 Copies ofmaintenance 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 FAAForm 1360-33, dated July 10, 2009, reflecting interview with Paul Masaracchia (2 pages); C-13 FAAForm 1360-33, dated July 24, 2009, reflecting interview with John Seskus (2 pages); C-14 FAAForm 1360-33, dated August 10, 2009, reflecting interview with John Zaremba (2 pages); C-15 Statement ofEric Claros, dated June I0, 2009; C-16 Affidavit ofASI Misiano, dated June 22, 2011, with attachments (25 pages); C-17 DOT 

### IFAALegal Interpretation; C-18 FAA Order 2150.3B, page B-6; C-19 FAA Order 2150.3B, pageB-20; C-20 Resume ofASIMisiano (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

3C-26 FAAForm 1360-33, dated July 23, 2009, reflecting interview with David Dunlop (2 pages). Sincerely, ALFRED R. JOHNSON, JR. REGIONAL COUNSEL

By:**--~~-+--~~** Zachary· Attorney Office ofthe Eastern Regional Counsel (FAA)

1AviationPlaza Jamaica, NY 11434 Phone: (718)553-3258 Telefax: (718)995-5699

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