o 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

New England Region 

Office of tlie Regional Counsel 

12 New England Executive Park 

Burlington, MA 01803-5299 

rTelephone-. (781)238-7045 

FAX: (781)238-7055 

May 25, 2010 

FEDERAL EXPRESS AND FACSIMILE (202) 366-7536 

The Honorable Isaac D. Benkin • 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

East Building Ground Floor, Room El2-320 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

Re: Federal Aviation Administration v. City of Bridgeport, Connecticut 

Docket No. CP09NE0001 

"'l\;"r^ 

H: 

n i _ , 

Dear Judge Benkin: 

I f ^ ^-0^1 ^ 

Enclosed please find Complainant's Witness List and List of Proposed Exhibits. The actual 

copies of the exhibits are being sent by Federal Express this date. 

A copy of these documents are also being sent to Respondent's legal counsel. 

Sincerely, 

JOHN R. DONNELLY 

Senior Attorney 

Enclosure 

cc: Richard Kascak, Jr., Esquire 

^^H^ring Docket w/o enclosures 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

J. RANDOLPH BABBIT, Administrator, 

Federal Aviation Administration, 

Complainant, 

v. 

CITY OF BRIDGEPORT, CONNECTICUT, 

Respondent. 

Docket No. CP09NE0001 

Administrative Law Judge 

Isaac D. Benkin 

Date: May 25, 2010 

COMPLAINANT'S WITNESS AND EXHIBIT LIST 

The Complainant hereby submits the following witness and exhibit list in accordance with 

the Prehearing Order. Actual copies of the exhibits are being sent by Federal Express this date. 

I. WITNESSES 

1. Laurie Dragonas (formerly Laurie Hyman) 

FAA Airport Certification Safety Inspector 

New England Region 

Burlington, Massachusetts 

Inspector Dragonas will testify that she conducted an airport certification and safety 

inspection of Sikorsky Memorial Airport which is operated by the City of Bridgeport, 

Connecticut, on March 29 and 30, 2007. As a result of that inspection, she will testify that, the 

FAA determined that the maintenance of the airport and the training of personnel was inadequate 

and did not meet the minimum safety requirements of 14 C.F.R. Part 139. She will further 

testify that the FAA inspection revealed numerous unsatisfactory discrepancies concerning 

Bridgeport's duties and responsibilities under its FAA-approved Airport Certification Manual 

(ACM), its Airport Operating Certificate and 14 C.F.R. Part 139. 
Additionally, Inspector Dragonas will testify as to the original sanction she proposed of 

$143,000.00 based on FAA sanction guidance as applied to the City of Bridgeport's violations 

of 14 C.F.R. Part 139 which occurred as a result of the March 29 and 30, 2007 airport 

certification and safety inspection of Sikorsky Memorial Airport. 

2. Michel Ho van 

Manager, Airports Safety and Standards Branch 

FAA New England Region 

Burlington, Massachusetts 

Mr. Hovan is in charge of overseeing airport safety, the FAA compliance and 

enforcement program and airport development projects for over 135 airports in the New England 

Region. His duties include the direct supervision of airport safety inspectors and compliance and 

enforcement personnel as well as providing technical guidance to airports. 

Mr. Hovan will testify that he is intimately familiar with this case as he reviewed 

Inspector Dragonas' inspection and resulting enforcement investigative report (EIR) of Sikorsky 

Memorial Airport including the evidence upon which this enforcement matter is based. Based 

upon his review and pertinent considerations, Mr. Hovan will testify that the original proposed 

sanction of $143,000.00 was subsequently reduced to $77,000.00. He will opine that the civil 

penalty is reasonable and appropriate given the history of problems at Sikorsky Memorial 

Airport as well as other factors including the attitude of the violator and airport safety. 

Overall, Mr. Hovan will testify that the City of Bridgeport failed to meet its obligations 

under 14 C.F.R. Part 139 and that given the history of continuing noncompliance at the airport, 

the FAA's imposition of a civil penalty was required. 

A copy of Mr. Hovan's resume is included with the exhibits. 

II. EXHIBITS 

1. Inspector Dragonas' sanction worksheet recommending a civil penalty of $ 143,000.00. 
2. Inspector Dragonas' Statement of the Case, Background, and Facts. 

3. Sikorksy Memorial Airport Operating Certificate. 

4. Sikorksy Memorial Airport Certification Manual. 

5. March 13, 2007, inspection confirmation letter. 

6. Certification and Compliance Management Information System (CCMIS) reports of 

Sikorsky Memorial Airport Inspection History and 2005 and 2006 Inspection 

information. 

7. March 28 thru 30, 2007, Airport Certificafion/Safety Inspection Checklist and PASER 

(Pavement Surface Evaluation and Rating) Report. 

8. Photographs taken during March 28-30, 2007, Sikorksy Memorial Airport Inspection. 

9. Summary of Training for Bridgeport ACS personnel: 

a) Steve Ford 

b) Bob Feury, Jr. 

c) Joseph Sinisi 

d) Chris Perry 

e) Andy Wider 

10. Summary of Training for Bridgeport Maintenance personnel: 

a) Ronald Pettite 

b) John Mota 

c) James Curley 

d) Michael Drury 

Also, included are the following documents: 

a) Resume of Michel Hovan 

b) "What is Part 139?"; general description firom FAA website 

a 
Additionally, the Complainant may ask the Administrative Judge to take judicial notice 

of various sections from the United States Code, Code of Federal Regulations, FAA Orders 

and other pertinent legal documents. 

Respectfully Submitted, 

JOHN R. DONNELLY, Senior 

'ederal Aviation Administration 

Office of Regional Counsel 

12 New England Executive Park 

Burlington, MA 01803-5299 

Tel: 781-238-7045 

Fax:781-238-7055 

Email: John.Donnellv(a)faa.gov 

May 25, 2010 
CERTIFICATE OF SERVICE 

I hereby certify that today. May 25, 2010,1 have sent via Federal Express and Facsimile an 

original of Complainant's Witness And Exhibit List in the matter of FAA v. City of Bridgeport, 

Connecticut. FAA Docket No. CP09NE0001 addressed to the following: 

The Honorable Isaac D. Benkin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

Washington, D.C. 20590 

Fax: (202) 366-7536 

Mr. Richard G. Kascak, Jr. 

Associate City Attorney 

Office of the City Attorney 

999 Broad Street, 2"'' Floor 

Bridgeport, Connecticut 06604-4328 

Fax: (203) 576-8252 

I also certify that today. May 25, 2010,1 have sent via Certified Mail-Return Receipt 

Requested and U.S. First Class Mail, a copy of said document (without enclosed exhibits) 

addressed to the following: 

Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

Wilbur Wright Building-Suite 2W1000 

800 Independence Avenue, SW 

Washington, DC 20591 

A^&^^-V 

DONNA SORENSEN Dated: May 25, 2010 

Program Analyst