U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

WASHINGTON, D. C.



### MICHAEL P. HUERTA, Administrator, Federal.AyiationAdministration,. Complainant, r ; \ ' i'. I!' C' '' 

# RECEIVED JAN 1 721ll4 HEARING DOCKET

DocketNo. FAA-2013-0045 vs. FAA CaseNo. 2009S0150216 HonorableJ.E. Sullivan WORLDWJI)E AIRCRAFT SERVICES, INC. 1 · ' • • ' • 

### Respondent.

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COMPLAINANT'S MOTION'iN LIMINE 

### COMES NOW the Complainant, by and through the undersigned counsel, and pursuant to 14 C.F.R. 13.218, hereby moves for an Order (1) deemihg 

### ·certain responses, statements, and/or admissions by the Respondent as fact, and/or (2) precluding the Respondent from presenting evidence against or arguing contrary to certainresponses, statements, and/or admissions made by theRespondent.

:Insupport ofthismotion,the Complainant submits the following: 

### I. On June

### 27, 2013, the Complainant propounded his First Set ofDiscovery Requests to the Respondent, including Interrogatories, Requests for Production, andRequests for Admission. 

### II. On September 6, 2013, and December 4, 2013, the Respondent provided the following responses to the Complainant's Interrogatories andRequests for Production:a. Administrator's Interrogatory No. 6: Do you dispute Brandon Plas' June 8, 2009, statement to Robert Donahue? If so please provide the specific facts which you dispute and why. (This statement was provided to you on or about June 22, 2011, aspartofthereleasable portions oftheEnforcementInvestigativeReport). Response: "None." b. Administrator's Interrogatory No. 7: Do you dispute Eric Price's June 5, 2009, statement to Robert Donahue? If so please provide the specific facts which you dispute and why. (This statement was provided to you on or about June 22, 2011, as part ofthereleasableportions oftheEnforcementInvestigativeReport). Response: "None."

c. Administrator'sRequestfor ProductionNo.7: Ifyou allegethatyou are financially unable to pay the proposed $12,375 penalty, submit fmancial statements and balance sheets for the previous three (3) years, prepared and certified by an accountant. Alternatively, you may submit complete company tax returns, including all relevant schedules, for the above-mentionedyears. Response: "Not applicable." 

### III. The statements of (crewmembers) Captain Brandon Plas and Second-in-Command Eric Price are attached as Government Exhibit 1 and Government Exhibit 2, respectively. The

statements of Brandon Plas and Eric Price are relevant in that their statements establish that a GPU onN90LJ 

### was damaged, thatthe crewmembers were aware ofthe damaged GPU, and that the damagewas not documented onan AircraftDiscrepancy Forrn. These facts form thebasis of the allegations contained inparagraphs 4, 7, and 8 ofthe Complaint. IV. On September 6, 2013, and December 4, 2013, the Respondent provided the following responsestothe Complainant'sRequests for Admission:

a. Administrator's Request for Admission No. 1: At all times material herein Worldwide Aircraft Services, Inc. (hereinafter "Worldwide") was and is now the holder ofAir Carrier CertificateNo. W50A880L. Response: "Admits to the allegations ofRequest 

### 1." b. Administrator's Request for Admission No. 2: On or about May 3, 2009, Worldwide operated civil aircraft N90LJ, a Learjet 25D, on a flight from TDPD

2

### to MYAM 

### (hereinafter "Flight"), under Part 135 of the Federal Aviation Regulations. Response: "Admits to the allegations ofRequest 2."



### c. Administrator's Request for Admission No. 4: Worldwide's General Operations Manual, Section E-3, states the following: The Aircraft Discrepancy Form (MX-02) is a duplicate sheet. Upon the discovery of a mechanical discrepancy the Aircraft Discrepancy Form will be completed and left in the aircraft maintenance log. The person completing this form will be expected to notify the Director of Maintenance immediately. A company approved mechanic will clear the discrepancy either by deferring or repairing the item. The mechanic will then complete the Aircraft Discrepancy Form. The top (white) copy will become part ofthe aircraft permanent maintenance record and the bottom cardboard copy will remain with the aircraft for a minimum of thirty days. Response: "Admits to the allegations ofRequest 4." 

### d. Administrator's Request for Admission No. 5: Worldwide's General Operations Manual, SectionF-1, states the following: The pilot in command is required to report to the Director of Maintenance, 

# :n the space provided on the Aircraft Discrepancy Form (MX-02), any mechanical irregularities that come to the pilot's attention before, during, and after the completion of any flight. All entries must be accomplished before the pilot in command releases the aircraft from a specific flight. Before each flight, the pilot in command will determine the status of each irregularity entered in the Aircraft Discrepancy Form (MX-02) at the end ofthe preceding flight. A copy ofthis form will remain withthe aircraftinthe aircraftmaintenance log (see E-1). Response: "Admits to the allegations ofRequest 5."



### e. Administrator's Request for AdmissionNo. 12: The flight crew operating N90LJ on a flight departing BKV on May 3, 2009, taxied and took-off from BKV without first disconnecting the Ground Power Unit (GPU) cable from the N90LJ. Response: "Admits to the allegations ofRequest 12." 

### f. Administrator's Request for Admission No. 15: On May 20, 2009, maintenance was performed onN90LJ; specifically, the GPU receptacle was replaced. Response: "Admits to the allegations ofRequest 15."

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### g. Administrator's Request for Admission No. 16: On May 20, 2009, maintenance was performed onN90LJ; specifically, GPU mountingbrackets were replaced. Response: "Admits to the allegations ofRequest 16." h. 

### Administrator's Request for Admission No. 17: On May 20, 2009, maintenance was performed on N90LJ; specifically, the area aft/below the GPU receptacle was reworked, 2024-T3 .040 double and filler was installed. Response: "Admits to the allegations ofRequest 17." 

## v. The Respondent's admissions to the Administrator's Requests for Admissions Nos. 1, 2, 4, and 5 are relevant in that the admissions affirm the facts alleged inparagraphs 2, 3, 5, and 6 ofthe Complaint. The Respondent's admissions to the Administrator's Requests for AdmissionsNos. 12, 15, 16, and 17 are relevant inthat the admissions supportthe allegations contained inparagraphs 3 and 10 ofthe Complaint; specifically, thatthe Ground PowerUnit ("GPU") was damaged whenthe crewmembers taxied N90LJ and took-offfrom BKV without first disconnecting the GPU cable from N90LJ. 

### VI. WHERFORE, the Complainant request that ar. 

### Order be issued (1) deeming the abovereferenced responses, statements, and/or admissions by the Respondent as fact, and/or (2) precluding the Respondent from presenting evidence against or arguing contrary to the abovereferencedresponses, statements, and/or admissions.

### Submitte~ 1 i 

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### WILLiAMVINES Attorney Office ofthe Regional Counsel



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### CERTIFICATE OF SERVICE I hereby certify that I have this date sent the Administrator's First Set ofDiscovery Requests via certifiedmailto: Federal AviationAdministration (by certifiedmail

## .~1\1'1 l 0 2014) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building- Suite 2Wl000

The Honorable J.E. Sullivan Administrative LawJudge Office ofHearings, M-20, RoomE12-320 U.S. Department ofTransportation 1200NewJersey Avenue, SE East Building GroundFloor Washington, DC 20590 Facsimile: (202) 366-7536 Michael A 

### Honeycutt Worldwide Aircraft Services, Inc. c/o JET I.C.U. 2561 Rescue Way Brooksville, Florida 34604 TEL:

### ~-796-2540 FAX;:

### ~-796-2549 

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# u..**\~** Jerry Jennings 

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# f Legal Assistant Office ofthe Regional Counsel 

## ':JAN 10 2014 Date



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## _JMI 1'0 2004)June 8, 2009 Robert B. Donahue Operations Inspector

Mr. Donahue, The following is abriefing/statement onthe flight ofN90LJ onthe 

### 3'd ofMay, 2009: On the 2"d ofMay, 2009, Brandon Plas (PIC) and Eric Price (SIC) where dispatched for a flight the following morning at 0400/0800z. N90L.T was the aircraft assigned. The airplane was fueled on May 2"d, 2009 by the D.O. Michael Honeycutt because ofthe early depatture time. During fueling a GPU was used to transfer fuel to the trunk ofthe aircraft for the morning's flight. After fueling, the aircraft batteries and GPU where both shut down. The assigned flight crew arrived at the airport at 0330/0730z on May 3'd. 2009. The PIC filed the day's flight plans, checkedthe weather and NOTAMS for the route. (KBKVTJSJ- TDPD- MYAM- CYYZ) The SIC loaded the aircraft and conducted the preflight. The SIC turned on the power inverter inside the hangar and then turned on the GPU to supply powerto the aircraft for his pre-flight check. When all the pre-flight items were completed boththe PIC and SIC entered the cockpit for engine start. The rightengine was started with the electrical aid ofthe GPU. The SIC who was sitting left seat and would be flying the first leg ofthe day started the engine. After engine start the PIC exited the aircraft to disconnect the GPU and tum offthe power inverterwhich is located inside the hanger. The PIC turned offthe GPU and ran inside to tum offthe powerinverter, but forgot to disconnectthe GPU from the aircraft. When the PIC re-entered the cockpitthe left engine was started. With both engines running the PIC told the SIC to begintaxiingto nmway 27. (On the morning ofMay 3'd, 2009 KBKV was VFRwith calm winds.) The appropriate checklists were completed and N90L.T departedrunway 27 with the SIC flying at 0412/0812z. The takeoffwas normal and nothing abnom1al was felt by the PIC. The flight ofN90LJ continued to TJSJ for a fuel stop. Upon arriving in T.TS.T, a GPU was com1ected and the aircraft was fueled, both by a lineman. The fuel stop was normal and the flight departed TJS.T at l142z bound for TDPD where the passenger would be picked

GOVERNMENT EXHIBIT



## j.-up. N90LJ arrived in TDPD at 1236z and again had a lineman hook up a GPU and fuel the aircraft. N90LJ departed TDPD at 1348z with I passenger enroute to CYYZ, with anotherfuel stop in MY AM. The flight was again normal and uneventful, landing at MY AM at 1700z. After landing at MYAM, fuel and a GPU were requested. The lineman tried to com1ect the GPU and was having trouble, so the PIC attempted to assist him. When the PIC tried and failed to plug in the GPU he noticed that the pins were bent and that that was not allowing the GPU plug into the aircraft. The PIC thenrealizedthat he had never unplugged the GPU at the start ofthe day. The PIC then calledthe D.O. and described what had happened and discussed what to do. Itwas decided bythe PIC and the D.O. thatthe flight could be continued safely. The SIC was informed ofthe situation and agreed. No write up was completed bythe PIC atthis time because ofthe GPU outlet working properly at the previous two stops, would later be checked again andbe functional. N90LJ was started offthe batteries in MYAM and departed at 1806z. Again, the flight to CYYZ was normal and uneventful, arriving at 2054. Upon arrival the passenger was escorted into the FBO. After the passenger was onhis way, the PIC requested a GPU be plugged into the aircraft to see ifthe same problem would arise. The GPU pluggedinto the aircraft and worked fine. The aircraft was secured and the PIC and SIC went offduty.

Brandon Plas Worldwide Aircraft Services Inc.June 5, 2009 Robert Donahue Federal Aviation Administration Operations Inspector DearMr. Donahue, Let this be a record ofmy account ofthe events that happened on May 3, 2009. Brandon Plas and Ihad beennotified about a flight the previous day. We were to depart Brooksville early in the morning to pickup in Dominica and drop offin Toronto. The plan wasto stop in San Juan and Marsh Harbor for refueling procedures. The morning started out normal. Brandonperformed the duties ofcaptain and I perfonnedthe duties ofsecond in command such as programming the GPS and packing the cooler. I was also assigned to and perform the preflight inspection ofthe aircraft using a flashlight. Because no one was available to pull the GPU plug and tum offthe powerto the GPU, we started one engine before Brandon exited the aircraft and walked around the right side ofthe aircraft to disable to GPU. Itis my assumption that he then proceeded into the hangar to turn offthe phase converter. Mr. Plas was outside my viewing area. As the pilot in the aircraft, I was under the indication the GPU had been disconnected when I sawthe voltage drop on the DC ammeter. The rest ofthe day proceeded as nom1al until we were on the ground in Marsh Harbor. Mr. Plas was approached by a line crewpersonnel in Marsh Harbor about problems connecting the GPU. He was unable to connect the GPU and discussed with me that we mighthave taxied the airplane with the GPU cmmected because the GPU receptacle pin was bent. He then called the director ofoperations to explain whathe fmmd. We started the airplane and continued on without the use ofground power. As a result ofwhat happened, I believe all operations involving a pilot manually disconnecting the GPU should include a procedure once bothpilots are in the cockpit and the door is sealed, priorto taxi. The pilot who was inside the airplane should challenge the pilotwho was outside the airplane with, "Isthe GPU**discom1ected~''** Beforetaxing outthe pilot who was responsible for discmmecting the GPU should answer, "Yes, the GPU is disconnected." This challenge response format has been used throughoutthe history ofaviation and although it is not a procedure in our Lemjet checklist it shouldbe added and included to all checklists where no cockpit lights are present to warn the pilots ofan airplane/GPU com1ection. Sincerely,

# L~-e~ Eric Price Worldwide Aircraft Services. Inc. D/B/A Jet l.C.U.**~GOVERNMENT ~**  ·EXHIBIT 

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