U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D. C. 

The Liberty Foundation, Inc. RECEIVED 

FAA DOCKET NO. 2012-0477 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Hon. J. E. Sullivan, Administrative Law Judge 

MAR 2 4 2014 

HEARING DOCKET 

RESPONDENT'S ANTICIPATED EXHIBITS LIST1 

Respondent anticipates it may introduce some or all of the exhibits listed 

below (not necessarily in order of presentation): 

1. Depositions (2) of Raymond Fowler 

2. Declaration of Raymond Fowler 

3. Deposition of Rodney Schneider 

4. Declaration of Rodney Schneider 

5. Deposition of Gary Norville 

6. Deposition of Don Dodge 

7. Deposition of Thomas Duellman, relevant pages 

8. Deposition of David Miller 

9. Deposition of Timothy Bourgoine 

1 Since Respondent's case is a rebuttal case, Respondent reserves the right to introduce other 

exhibits to rebut FAA testimony and exhibits depending on the nature and scope of that testimony 

and those exhibits. 

STUART A. GOLDSTEIN, P. A. 

7300 NORTH KENDALL DRIVE, SUITE 380, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 400-0685 stuartgoldsteinpa@att.net 
10. Declaration of David Wilkins 

11. Declaration of John Hess 

12. Declaration of Larry Cullen Underwood 

13. Raymond Fowler's Deployment Orders 

14. Discrepancy Log Book Form 

15. Boeing B-17 Handbook of Structural Repair Instructions, relevant pages. 

16. B-17 Type Certificate Data Sheet 

17. Special Airworthiness Certificate for N390TH 

18. Operating Limitations For N390TH 

19. Portions of Liberty's Continuous Airworthiness Inspection Program 

20. Liberty Foundation Exemption Letter dated June 30, 201 0 

21. Advisory Circular 43.13-1 B, Relevant Pages 

22. Advisory Circular 120-16E, Relevant Pages 

23. Semih Genculu Expert Report 

24. Gary Norville Expert Report 

25. Log Book Entry of February 24, 2011 

26. Technical Data Pages PR-2001 Class B rapid curing fuel tank sealant 

27. B-17 Fuel System Diagrams, two pages 

28. Appendix A to Part 43, Federal Aviation Regulations, relevant page 

29. Liberty Foundation Check payable to Terry Bowden in the amount of 

$500.00. 

30. FAA "Statement of the Case" from its Enforcement Investigative Report 

STUART A. GOLDSTEIN, P. A. 

7300 NORTH KENDALL DRIVE, SUITE 380, MIAMI, FL 331S6 

T: (305) 670-1222 F: (305) 400-0685 stuartgoldsteinpa@att.net 

2 
31. All Exhibits listed by Complainant 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 400-0685 

Email: stuartgoldsteinpa@att.net 

By: );;7JiLY}f Jj;j)J ~ 'stuartA. Goldstein 

Attorney for Respondent 

CERTIFICATE OF SERVICE .·. -7" 

-.Lr 

I HEREBY CERTIFY that the foregoing has been served on this (). ) day 

of March, 2014, as set forth below: 

Christopher R. Stevenson, Esq. 

Office of the Regional Counsel 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

By Federal Express 

and that an original and one copy was served upon: 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1 000 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, D. C., 20591 

By Federal Express 

and that a copy was served upon: 

Honorable J. E. Sullivan 

STUART A GOLDSTEIN, P. A. 

7300 NORTH KENDALL DRIVE, SUITE 380, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 400-0685 stuartgoldsteinpa@attnet 

3 
Office of Hearings, M-20 

U. S. Department of Transportation 

1200 New Jersey Avenue, S. E. (E 11-31 0) 

Washington, D. C., 20590 

By Federal Express 

STUART A. GOLDSTEIN, P. A. 

7300 NORTH KENDALL DRIVE, SUITE 380, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 400-0685 stuartgoldsteinpa@att.net 

4 
U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D. C. 

-------bJR-~....-~ECEIVED 

The Liberty Foundation, Inc. 

FAA DOCKET NO. 2012-0477 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Han. J. E. Sullivan, Administrative Law Judge 

RESPONDENT'S WITNESS LIST 

MAR 2 4 2014 

HEARING DOCKET 

Respondent, the Liberty Foundation, Inc., ("Liberty") anticipates it may call some 

or all of the below listed persons as witnesses in this case. Consistent with the 

Court's Order of August 27, 2013, a short statement of their anticipated testimony 

is set forth below. Respondent reserves the right to call other witnesses and/or 

expand the testimony of the below listed witnesses if Complainant's witnesses 

give unexpected testimony. 

Raymond Fowler 

3501 Jones Mill Road 

Carrollton, GA, 30116 

Mr. Fowler's testimony has been preserved for trial in his depositions of May 1, 

2013, and March 7, 2014. 

John Hess 

130 Red Fox Run 

Fayetteville GA, 30215 

Captain Hess is expected to testify as to his aviation experience and background; 

ASTUART A. GOLDSTEIN, P. A. 

7300 NORTH KENDALL DRIVE, SUITE 380, MIAMI, FL 33156 

To (305) 670-1222 Fo (305) 400-0685 STUARTGOLDSTEINPA@ATT.NET 
his involvement with Liberty; his activities the weekend of June 11-13, 2011, 

including his reading of the maintenance Jog book entry on the maintenance 

discrepancy form prior to the flight of June 13, 2011; his observation of the repair 

of the leak; and his observations of the removal of the fuel tank from N390TH 

following the off-airport landing. For a further description of Captain Hess's 

testimony, see his Declaration attached to Liberty's Response To FAA's Motion 

For Summary Judgment. 

Gary Norville 

333 South Street 

New Smyrna Beach, FL 32168 

Mr. Norville is expected to testify as to his aviation experience and background; 

his experience maintaining and inspecting "warbird" aircraft, including 8-17 

aircraft; his knowledge of 8-17 fuel systems and of the project of changing the 

fuel tanks in N390TH, and his opinion that the project was not a major alteration 

of the fuel system of N390TH. For a further description of Mr. Norville's expected 

testimony, see his Expert Report dated February 26, 2013. 

Larry Cullen Underwood 

509 Sackman Falls Court 

Canton, GA, 30114 

Mr. Underwood is expected to testify as to aviation experience and background; 

his business experience; his involvement and experience with Liberty; his 

participation in conversation(s) with FAA Inspectors Miller and Alderman; and his 

involvement with the project of changing the fuel tanks on N390TH. For a further 

description of Mr. Underwood's testimony, see his Declaration attached to 

Liberty's Response To FAA's Motion For Summary Judgment. 

Semih Genculu 

1049 Triad Court 

Marietta, GA 30062 

Mr. Gencu/u is expected to testify and an expert in the fields of failure analysis, 

mechanical testing, metallography, welding, heat-treating and corrosion 

consistent with his expert report. A copy of Mr. Genculu's resume is attached 

hereto and has been previously provided to Complainant. 

ASTUART A. GOLDSTEIN. P. A. 

7300 NORTH KENDALL DRIVE. SUITE 380. MIAMI. FL 33156 

T' (305) 670·1222 p, (305) 400·0685 STUARTGOLDSTEINPA@ATT.NET 
David Wilkins 

Cobb Industrial Fabricators 

1394 Cobb Industrial Way 

Marietta, GA 30666 

Mr. Wilkins is expected to testify about the business of his company, Cobb 

Industrial Fabricators, his welding experience, and his involvement in the project 

of changing the fuel tanks in N390TH. For a further description of Mr. Wilkins's 

expected testimony, see his Declaration attached to Liberty's Response To 

FAA's Motion For Summary Judgment. 

Rodney Schneider 

150 Woods Court 

Ball Ground, GA 30107 

Mr. Schneider is expected to testify as to his aviation experience and 

background; his involvement with Liberty; his involvement in the project of 

changing the fuel tanks in N390TH; his maintenance log entries of February 24, 

2011, and June 12-13, 2011; the settlement of his license revocation/suspension 

case; his conversation with FAA Inspectors Miller and Alderman. For a further 

description of Mr. Schneider's anticipated testimony, see his Declaration 

attached to Liberty's Response to FAA's Motion For Summary Judgment and his 

deposition testimony. 

All Witnesses Listed by Complainant 

Respectfully submitted 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 400-0685 

Email: stu~utqoldsteinpa@att.net 

ASTUART A. GOLDSTEIN, P. A. 

7300 NORTH KENDALL DRIVE, SUITE 3BO,MIAMI. FL 33156 

T' (305) 670-1222 p, (305) 400·0685 STUARTGOLDSTEINPA@ATT.NET 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that the foregoing has been served on this ,:; ) day 

of March, 2014, as set forth below: 

Christopher R. Stevenson, Esq. 

Office of the Regional Counsel 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

By Federal Express 

and that an original and one copy was served upon: 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1 000 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, D. C., 20591 

By Federal Express 

and that a copy was served upon: 

Honorable J. E. Sullivan 

Office of Hearings, M-20 

S. Department of Transportation 

1200 New Jersey Avenue, S. E. (E11-31 0) 

Washington, D. C., 20590 

By Federal Express 

ASTUART A. GOLDSTEIN, P. A. 

7300 NORTH KENDALL DRIVE, SUITE 380, MIAMI, FL 33156 

T' (305) 670-1222 F' (30S) 400-068S STUARTGOLDSTEINPA@ATT.NET