# u.s.**DEPARTM~NT** OF

## T~ANSPORTATIOR- ..

# E

..· ··celveo Off1ce of Hearmgs Washington, D. C. 

## JUL 252012 The Liberty Foundation, Inc. FAA DOCKET NO. CP *notyet assigned* (EIR 2011-GL-03-0070)

(Civil PenaltyAction) Administrative Law Judge *notyet assigned* 

# HEARING

# DOCKET

================================================================== ANSWERANDAFFIRMATIVE 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 4are denied. 5. Denied that Mr. Schneider fabricated aluminum fuel tanks; denied that approved data was required; denied an appropriate field approval was required; denied

STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 T: (305)**670~1222** F: (305) 670-7065 STIIARTGOLDSTFINPA@AT!NEI2 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 thatthe#1 fuel tankwas 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 deniesthat any civil penalty is appropriate.

STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, 10TH FLOOR, MIAMI, FL 33156 T: (305) 670-1222 F: (305) 670-7065SJ:UA.RTGO! QSTFINPA®AJTNFT3 AFFIRMATIVE DEFENSES 1. TLF justifiably relied upon the license, qualifications, and expertise of A

### & P Rodney Schneider and his log entryduring all relevanttimes. 2. TLF justifiably relied upon the advice and participation of FAA maintenance inspectors David Miller and David Alderman.
Respectfully submitted, StuartA. 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!J6.

# ~~~ StuartA. Goldstein

STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, iOTH FLOOR, MIAMI, Fl 33156 T: (305) 670-i222 F: (305) 670-7065 SIIJARTGO! Q$IE!NpA®ATINQ4

CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing Answer And Affirmative Defenses has been served on this 18th dayofJuly, 2012, as setforth below:

Original and One Copyto: FederalAviationAdministration 800 IndependenceAvenue, S. 

### W. Washington, D. C. 20591 SERVICE LIST

Attention: Hearing Docket Clerk, AGC-430 WilburWright Building, Suite 2W1000 By regular U. S. Mail
One Copyto: The HonorableJ. E. Sullivan, Administrative Law Judge Office of Hearings, M-20 U. S. DepartmentofTransportation 1200 New JerseyAvenue, S. E. (E11-31

### O) Washington, D. C. 20590 By Facsimile (202) 366-2132 and regular U. S. Mail and Adrianne Wojcik, Esq. Office ofthe Regional Counsel Great Lakes Region, AGL-7 FederalAviationAdministration 2300 East DevonAvenue Des Plaines, IL 60018-4696 By Facsimile (847) 294-7498 and regular U. S. Mail

# By:~a~aL StuartA. Goldstein

STUARTA. GOLDSTEIN, P. A. 9350 SOUTH DIXIE HIGHWAY, lOTH FLOOR, MIAMI, FL 33156 T: (305) 670-1222 F: (305) 670-7065 STliARTGOI OSTEINPACdlAJINFT