U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

RECEIVED 

APR -8 2014 

HEARING DOCKET 

VS. 

Docket No. FAA-2012-0477 

FAA Case No. 2011 GL030070 

LIBERTY FOUNDATION, 

Respondent. Judge Sullivan 

PRE-HEARING SUBMISSION OF WITNESS LIST AND EXHIBITS 

Pursuant to Judge's August 27, 2013 Order Cancelling November 2013 Hearing and 

Granting/Denying Other Relief, the FAA hereby identifies the following witnesses and 

documents: 1 

Witnesses the FAA May Call to Testify: 

1. Thomas Soerens 

Thomas Duellman 

Donald Dodge 

The FAA intends to call these three individuals as expert witnesses concerning the maintenance 

and alterations performed on N390TH. Each of these witnesses is expected to testify as to all 

subjects and opinions covered in that witnesses expert affidavit, which was attached to the 

FAA's dispositive motion filings. These subjects include, but are not limited to, the opinions that 

the work culminating in the February return to service was an alteration, that it was a major 

1 Depending on the resolution of motions pending before the court, some or all of the witnesses and exhibits listed 

may be unnecessary, or the scope of testimony reduced, as compared to what is presented in this pre-hearing 

submission. 
alteration, the consequences of it being a maJor alteration, that it rendered the aircraft 

unairworthy, that the June repair was a major repair, that it was improperly performed, and that it 

rendered the aircraft unairworthy. The backgrounds for these witnesses as experts are also 

presented in their expert affidavits. Inspector Duellman will also testify to the number of flights 

made in the aircraft after the 

2. Timothy Bourgoine 

The FAA intends to call Mr. Bourgoine as both a fact and expert witness. His testimony in both 

regards has previously been summarized in his affidavit, submitted with the FAA's Motion for 

Summary Judgment. As an expert witness, Mr. Bourgoine is expected to testify consistently with 

his opinions in that affidavit, including his opinions that a major alteration was performed on the 

aircraft and that it rendered the aircraft unairworthy. As a factual witness, Mr. Bourgoine is 

expected to testify consistently with his affidavit concerning the role of the Director of 

Maintenance at Respondent and his conversations with Raymond Fowler and Rodney Schneider 

concerning the alteration, including the decisionmaking process leading up to the alteration. 

3. David Alderman 

Aviation Safety Inspector Alderman may testify about his conversations with Raymond Fowler 

and Rodney Schneider concerning the alteration of the aircraft, including the fact that neither 

Fowler nor Schneider nor anyone else at the Liberty Foundation informed the inspectors of the 

true nature of the work performed, and that neither inspector told the Respondent that the work 

performed was not a major alteration. 

The FAA reserves the right to call other witnesses for impeachment or rebuttal as many become 

necessary at hearing. 
Exhibit List 

C-1 Special Airworthiness Certificate for N3 90TH 

C-2 Limited Type Certificate for B-17F, B-17G 

C-3 Maintenance Logbook for N390TH 

C-4 through C-16 Photographs of the Fabrication ofN390TH's new fuel tanks 

C-17 Photograph ofN390TH after frre 

C-18 B-17G Field Service Manual 

C-19 B-17G Parts Catalog 

C-20 B-17G Erection and Maintenance Instructions 

C-21 Structural Repair Instructions for B-17E, F, G, RB-17E and QB-17G 

C-22 January 31,2012, Order of Suspension against Rodney Schneider 

C-23 FAA Order 8900.1, Change 71, Major Alterations Job Aid 

C-24 Advisory Circular 43.9-lF 

C-25 Advisory Circular 43-210 

C-26 Deposition of Rodney Schneider 

C-27 Deposition of Raymond Fowler 

C-28 Perpetuation Deposition of Raymond Fowler2 

C-29 Declaration of Rodney Schneider 

C-30 Declaration of Cullen Underwood 

C-31 Declaration of Raymond Fowler 

C-32 Expert Affidavit of Thomas Soerens 

C-33 Expert Declaration of Thomas Duellman 

2 The FAA has not yet received a copy of the transcript of Raymond Fowler's perpetuation deposition. Accordingly, 

while the FAA identifies this as a potential exhibit, no copy of the exhibit is attached. 
C-34 Expert Affidavit of Donald Dodge 

C-3 5 Expert Affidavit of Timothy Bourgoine 

C-36 Affidavit of David Alderman 

C-3 7 Declaration of David Wilkins 

The FAA reserves the right to introduce other exhibits for impeachment or rebuttal as may 

become necessary at hearing. 

Lj~ 

Respectfully submitted tills_ I_ day of April, 2014. 

Attorney 

Office of the Regional Counsel 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing FAA's Pre-Hearing Submission was sent: 

Original and one copy via certified mail to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

One copy via certified mail to: 

The Honorable J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE (Ell-310) 

Washington, DC 20590 

facsimile: (202) 366-7536 

Stuart A. Goldstein, P.A. 

7300 North Kendall Dr., Suite 380 

Miami, FL 33156 

Facsimile: (305) 400-0685 

APR 114 2014 

Dated