U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant, 

# RECEIVED APR -8 2014 

## HEARING DOCKET

VS. DocketNo. FAA-2012-0477 FAA Case No. 2011GL030070 LIBERTYFOUNDATION, 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 FAAMay 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 ofthese 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

1Depending on the resolution ofmotions pendingbeforethe court, some or all ofthe witnesses and exhibits listed may beunnecessary, orthe scope oftestimony reduced, as comparedto what is presentedinthis 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 itwas 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 offlights 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 decisionmakingprocess 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 ofthe aircraft, including the fact that neither Fowler nor Schneider nor anyone else at the Liberty Foundation informed the inspectors ofthe true nature ofthe 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 N390TH C-2 Limited Type Certificate for B-17F, B-17G C-3 Maintenance Logbook for N390TH C-4 through C-16 Photographs ofthe Fabrication ofN390TH'snewfuel 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 StructuralRepair Instructions for B-17E, F, G, RB-17E and QB-17G C-22 January 31,2012, Order ofSuspension 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 ofRodney Schneider C-27 Deposition ofRaymond Fowler C-28 PerpetuationDeposition ofRaymond Fowler2 C-29 Declaration ofRodney Schneider C-30 Declaration ofCullenUnderwood C-31 Declaration ofRaymond Fowler C-32 Expert Affidavit ofThomas Soerens C-33 ExpertDeclaration ofThomas Duellman

2 The FAAhas notyet received a copy ofthe transcript ofRaymond Fowler's perpetuation deposition. Accordingly, while the FAA identifies this as a potential exhibit, no copy ofthe exhibit is attached.C-34 Expert Affidavit ofDonald Dodge C-3 5 Expert Affidavit ofTimothy Bourgoine C-36 Affidavit ofDavid Alderman C-3 7 Declaration ofDavid Wilkins

The FAA reserves the right to introduce other exhibits for impeachment or rebuttal as may become necessary athearing.

### Lj~ Respectfully submittedtills_ 

## I_day ofApril, 2014.

Attorney Office ofthe Regional CounselCERTIFICATE OF SERVICE I hereby certify thatthe foregoing FAA's Pre-Hearing Submissionwas sent: Original and one copy viacertifiedmail to: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building- Suite 2Wl000 One copy via certified mail to: The Honorable J.E. Sullivan Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, SE (Ell-310) Washington, DC 20590 facsimile: (202) 366-7536 Stuart A. Goldstein, P.A. 7300North Kendall Dr., Suite 380 Miami, FL 33156 Facsimile: (305) 400-0685



## APR

1 

## 14 2014 Dated