.;. DMS 141 001/004 02/03/2010 16:22 FAX 2024935142 FAA



# .**t~~sP''''-~VEn** UNITED STATESDEPARTMENT OFTRANSPORTAtrrVC

## i~,

# t::**~',** 

# .'**~** OFFICE OF HEARINGS

WASHINGTON,

### D.C. 

### JAN 

## 2 7 2011 

## HEARB\JG DOCKET IN THE MATTER OF EVERGREEN HELICOPTERS OF ALASKA, INC. FAA DOCKETNO. CP09ALOOIO I (Civil Penalty Action) \..,;.) DMS NO, F AA-2009·084I

COMPLAINANT'S RESPONSE TO RESPONDENT'S SECOND SET 017' INTERROGATORIES AND REQUESTS FORPRODUCTION The Complainant, though counsel, provides the following in response toRespondent's second discovery request served on December 14, 2009: Request No, 1: No. Request No, 2: The Complainant does contend that Respondent's HNVOO approved trainingprogram for in-house training required at least five flights ofno less than one hour per

, , - , ; flight ofnight vision'

### goggJe trai:rling while employing night vision goggles, for pilots Brabham and Peabody, This contention is based on page ,2·1 from Night ViSLon Goggle Training Program DocumentNo.**ASU~2004~5,** which includes the following: "2. Flight training: Forpersonne1 who have not been previously trained and qualified inNVG flight, a minimum of5 flights, no less that 1hour per flight, of NVG flight training, employing night vision goggles. with 

### the' pilot receiving instruction at a duty station with access to the flight controls ;to include I flight for NVG flight check with the pilot at a duty station with**a(;~ss**

### to the flight controls." The initial approval ofthis trainingprogram requires the use ofthis document. Further. 

### tor each ofthe eight pilots trained by Mr. Poss under this program, the flight training included at least five flightsofno less that one hourper flight. Copies ofthese documents are enclosed.**~** OMS**~** 002/004 02/03/2010 1B:22 FAX 2024935142 FAA

Request No.3: The Complainant contends that the flight referenced in paragra.ph 11.11 ofthe complaint was a helicopter night vision goggle operation. This contention is**bas,~d** on the fact the power switches on both sets ofnight vision goggles recovered after the crash were 

### ill the "on"position, and on the fact it was hasically pitchblack in the area where the cra.sh occurred. Because the flight was over water, there were no surface reference lights available for the pilotto establish a horizon and fly unaided. Thus, the only way this VPR flight could have continued without violating § 135.207 ofthe Federal Aviation Regulations was with the aid ofnigb.t vision goggles. Supporting documents are enclosed. Request NO.4: The Complainant intends to call as witnesses Aviation Safety Inspectors (ASls) Donald Duncan, William S. Schweizer, andRoy Redifer. ASJ Duncan investigated the
case. He will identify the documents he gathered, explain his calculations regarding light at the time ofthe flight. relate statements made, and explain his conclusions regarding the violations in this case. AS! Schweizer ultimately approved the HNVGO training program proposed by Respondent. He 

### will testify concerning that process and specifically identify the requirements of the program he identified. ASI Redifer was tasked with reviewing and photographing some of the wreckage. He will identify**hi~** photographs and testify as to what he observed. RequestNo.5: Copies ofaU such statements in the possession ofComplainant have previously been provided. Request No.6: Atthe lime Respondent trained pilots Brabham and Peabody 

### in Allgust 2007, the mostrecentrevision to Respondent's training manual was Revision 12, which incorporated the night vision goggle training. Theonly copy ofthe training manual Complainant has been able to locate incorporates all revisions through Revision 17. The copy ofthe training manual produced by Respondent in its discoveryresponse dated December 14,2009,

2**~** OMS 003/004 FAA 02/03/2010 1B:22 FAX 2024935142

incorporates allrevislons through Revision 14. Hence, Respondent already has the version ofthe training manual most responsive to thisrequest. The approved training program also included documents entitled "FARPart 135 NVGTraining Manual, Night Vision Goggle Training Program Document No. ASU-2004-5," and "FAR Part 135 Additional Personnel NVG Training Manual, NVG Additional Personnel Training Program Document

### No. ASU 2004-5A." Copies ofthese documents are enclosed. Request No.7: All such documents havc previously been produced.

Submitted this 13 th day ofJanuary 2010.

### HOWARD L MARTIN, JR Regional Counsel 

# wr, 0**By:~~** dlenn H. Brown Senior Attorney

3+ OMS 141 004/004 FAA 02/03/2010 18:22 FAX 2024935142

CERTIFICATE OF SERVICE Re: Evergreen Helicopters ofAlaska, Tnc. FAA Case No. 2008AL030019 FAA Docket No. CP09ALOOIO Ihereby certify that on this date I served acopy ofthe 

### COMPLAINANT'S RESPONSE TO RESPONDENT'S SECOND SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION by hand-delivery Lo: 

### Marc O. Wilhelm, 

### Esq. Richmond & Quinn 

### 360 K Street, SuiLe 200 Anchorage, AK 99501 I further certify that onthis date I havc served the original ofthe 

### COMPLAINANT'S RESPONSE TO RESPONDENT'S DISCOVERY REQUESTS (without attachments) by postage-prepaid, certified mail, return recelpt requested, addressed as follows: Hearing Docket Federal Aviation Administration Attn: Hearing Docket Clerk, AGC-430 800 Independence Avenue. SW Wilbur Wright Building, Suite 2WlOOO Washington, DC 20591 

# fLt. L

# ~c2C'/O Date
.. Anchorage. Alaska 99513·7587 

### 01lice ofthe 

### Regional Counsel FAA Alaskan Region 222 West 7th Avenue 

### #14



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