u.s. DEPARTM~NT OF T~ANSPORTATIOR-.. E .. · ··celveo 

Off1ce of Hearmgs 

Washington, D. C. JUL 2 5 2012 

The Liberty Foundation, Inc. 

FAA DOCKET NO. CP *not yet assigned* 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Administrative Law Judge *not yet assigned* 

HEARING DOCKET 

================================================================== 

ANSWER AND AFFIRMATIVE DEFENSES 

Respondent, The Liberty Foundation, Inc. ("TLF"), by and through its 

undersigned attorney, pursuant to the Rules of Practice in FAA Civil Penalty Hearings, 

14 CFR §13.209, herewith submits its Answer and Affirmative Defenses to the 

Complaint dated and served on June 21, 2012. 

1. Admitted. 

2. Admitted that N390TH was certified in the Limited category and that it 

must be maintained in accordance with some of the requirements of 14 CFR Part 43 

Second sentence is admitted. 

3. Admitted that maintenance was periormed on N390TH on or about 

February 24, 2011, as described in the log entry. 

4. Denied that the aluminum tanks were fabricated. Admitted that the 

bladders were not re-installed. Remaining allegations of paragraph 4 are denied. 

5. Denied that Mr. Schneider fabricated aluminum fuel tanks; denied that 

approved data was required; denied an appropriate field approval was required; denied 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 T: (305) 670~1222 F: (305) 670-7065 STIIARTGOLDSTFINPA@AT! NEI 
2 

any other engineering data acceptable to the Administrator was required; denied there 

was a major alteration. 

6. Denied there was a major alteration or that approved data, an appropriate 

field approval, a supplemental type certificate, or other engineering data acceptable to 

the Administrator was required. 

7. Denied. 

8. Admitted. 

9. Denied. 

10. Denied. 

11. Denied. 

12. Admitted that additional maintenance was performed on a fuel leak in the 

#1 main tank. 

13. Denied that the #1 fuel tank was fabricated. 

14. Denied. 

15. Denied. 

16. Denied. 

17. Admitted. 

TLF further answers the Complaint by stating it denies the alleged 

violations of 14 CFR 91.405(b), 91.407(a), 91.7(a) and any other Federal Aviation 

Regulation and denies that any civil penalty is appropriate. 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 670-7065SJ:UA.RTGO! QSTFINPA®AJTNFT 
3 

AFFIRMATIVE DEFENSES 

1. TLF justifiably relied upon the license, qualifications, and expertise of A & 

P Rodney Schneider and his log entry during all relevant times. 

2. TLF justifiably relied upon the advice and participation of FAA 

maintenance inspectors David Miller and David Alderman. 

Respectfully submitted, 

Stuart A. Goldstein, P. A. 

9350 South Dixie Highway, 1Oth Floor 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305)670-7065 

Email: stuartgoldsteinpa@att.net 

By: 1WJf!J 

Stuart A. 

6. 

Goldstein 

~~~ 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, iOTH FLOOR, MIAMI, Fl 33156 

T: (305) 670-i222 F: (305) 670-7065 SIIJARTGO! Q$IE!NpA®ATINQ 
4 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that the foregoing Answer And Affirmative Defenses has 

been served on this 18th day of July, 2012, as set forth below: 

Original and One Copy to: 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, D. C. 20591 

SERVICE LIST 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

By regular U. S. Mail 

One Copy to: 

The Honorable J. E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U. S. Department of Transportation 

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

Washington, D. C. 20590 

By Facsimile (202) 366-2132 

and regular U. S. Mail 

and 

Adrianne Wojcik, Esq. 

Office of the Regional Counsel 

Great Lakes Region, AGL-7 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 

By Facsimile (847) 294-7498 

and regular U. S. Mail 

By:~a~aL Stuart A. Goldstein 

STUART A. GOLDSTEIN, P. A. 

9350 SOUTH DIXIE HIGHWAY, lOTH FLOOR, MIAMI, FL 33156 

T: (305) 670-1222 F: (305) 670-7065 STliARTGOI OSTEINPACdlAJINFT