U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D. C. 

The Liberty Foundation, Inc. 

FAA DOCKET NO. 2012-0477 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Han. J. E. Sullivan, Administrative Law Judge 

RECEIVED 

APR -8 2014 

HEARING DOCKET 

RESPONDENT'S ANSWERS AND OBJECTIONS TO COMPLAINANT'S 

SUPPLEMENTAL DISCOVERY REQUESTS ON NEWLY DISCLOSED 

TESTIMONY 

GENERAL OBJECTIONS: 1 

Respondent objects to Complainant's "deadline" of April 7, 2014, for 

Respondent's answers. Respondent further objects to Complaint's assertion that 

he has the right to take depositions of Mr. Schneider and/or Mr. Underwood as 

well as propound interrogatories. 

1. Respondent objects to Complainant's continuing use of the term "fabricated" 

as if to indicate Respondent agrees the aluminum tanks were fabricated. Without 

waiving this objection, Respondent states Mr. Schneider has never before 

participated in or observed the changing of fuel tanks from bladder to aluminum 

at Delta Airlines or elsewhere. The basis for Mr. Schneider's statement regarding 

the welding process in issue was his direct participation in the project and his 

observations of the welding as well as his communications during the process 

with Mr. Underwood and personnel of Cobb Industrial Fabricators. 

2. The use of the word "the same" and "virtually identical" were intended to 

convey the fact that the fuel capacity of the aluminum tanks and the bladders 

were essentially the same, with almost no difference. Respondent did not 

measure the differences, but the aluminum tanks were filled with fuel after 

1 These objections were conveyed to Complainant's counsel by email on April4, 

2014. 

STUART A GOLDSTEIN, P. A. 

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

To (305) 670·1222 Fo (305) 400·0685 STUARTGOLDSTEINPA@ATT.NET 
completion of the changes and the capacity of the aluminum tank was within a 

few gallons of the capacity of the bladders. The weight of the fully fueled 

bladders was 10,200 pounds; the weight of the fully fueled aluminum tanks would 

have been within one 100-150 pounds, or approximately 1% difference, at the 

most. 

3. Respondent objects to the phrasing of this Interrogatory as inaccurate in 

that Mr. Schneider did not state "that changing the manner in which a fuel system 

'holds fuel' does not constitute a change in the design of the fuel system. 

Without waiving this objection, Respondent states Mr. Schneider's factual 

statement was that "we only changed the vessel that held the fuel." His 

conclusion that there was no change in the design of the fuel system is based on 

his knowledge of the design of the fuel system prior to, and after completion of 

the work, his participation in and observation of the work performed, as well as 

his 33 +years of experience as an FAA certificated A & P mechanic. 

4. Respondent objects to this Interrogatory in its use of the word "components" 

which is a word not used in Mr. Schneider's Declaration. Without waiving this 

objection, Respondent states the fixtures and attachments were utilized where it 

was determined that removed fixtures and attachments were unusable due to 

their condition. These fixtures and attachments are simple pieces of metal such 

as nuts, bolts, and clamps, which help secure various parts such as hoses and 

pumps. The new fixtures or attachments were of the same quality metal as the 

removed fixtures or attachments. 

5. The basis for Mr. Schneider's statement quoted in this Interrogatory is his 

33+ years of experience at Delta Airlines as well as his experience building an 

Van's RV-6 Aircraft. The methods, techniques, and practices utilized in the fuel 

tank change project were of the same standard as any other aircraft work, i. e., 

the hardware and materials were of aircraft quality, procured from recognized 

aircraft parts suppliers, and the installation of the aluminum fuel tanks conformed 

to the original Boeing installation with regard to electrical, bonding, plumbing, 

wiring, etc. During his many years at Delta Airlines, Mr. Schneider observed or 

participated in the fabrication and installation of parts per the original 

manufacturers drawings. The approval process at Delta Airlines, a Part 121 air 

carrier is different from the approval process in Part 91 General Aviation. 

6. Welding is a method, technique, and practice well known and acceptable to 

the Administrator. Welding is referenced in various Advisory Circulars and in B17 manuals previously discussed and disclosed in the Summary Judgment briefs. 

The sealant used to repair the June 2011 leak was a sealant used at Delta 

Airlines to repair fuel leaks in aluminum fuel tanks. These methods, techniques, 

STUART A. GOLDSTEIN, P. A. 

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

To (30S) 670-1222 Fo (305) 400-068S STUARTGOLDSTEINPA@ATT.NET 
and practices were approved by FAA designated inspectors over the years and 

were, therefore, acceptable to the Administrator. 

7. Respondent objects to this Interrogatory on the grounds there is no 

reference in Mr. Schneider's Declaration or in his expanded statement filed on 

April 2, 2014, of the suspension of his certificate. 

8. Mr. Underwood is not a certificated FAA mechanic. Therefore, by definition, 

he has not performed maintenance, alterations or preventive maintenance as 

those terms are described in the FARs. However, Mr. Underwood is an 

outstanding mechanic with an outstanding understanding of machines, engines, 

and parts thereof. 

9. Mr. Underwood has never returned an aircraft to service. 

10. The basis for Mr. Underwood's statement referenced in this Interrogatory is 

his personal observation of welding operations and his 27+ years of experience 

in his business, which includes welding aluminum and other metals. If by the 

term "such a process," Complainant means a fuel tank project such as that 

involved in this case, Mr. Underwood has not otherwise participated in such a 

process. 

11. With reference to the capacity of the aluminum fuel tanks, Mr. Underwood 

meant to convey that the aluminum fuel tanks had essentially the same capacity 

as the removed bladder fuel tanks. 

12. Respondent objects to this Interrogatory on the grounds it misstates Mr. 

Underwood's Declaration. Without waiving this objection, Respondent states Mr. 

Underwood clearly does not believe changing the fuel tank material from 

bladders to aluminum changes the "manner" in which a fuel system holds fuel. 

Mr. Underwood has already expressed his opinion that merely changing the 

material of the vessel that holds the fuel does not change the "basic design" of 

the fuel system. Yes, Mr. Underwood agrees "holding fuel" is an important 

function of a fuel system and further states that the fuel system of N390TH "held 

fuel" in the same way before and after the project. Respondent objects to the last 

part of this Interrogatory as it misstates Mr. Schneider's Declaration. Mr. 

Schneider did not state the project did not change the fuel system "at all." 

Further, the issue is not whether the fuel system was "changed," but whether the 

"basic design" of the fuel system was changed. Without waiving this objection, 

Respondent states Mr. Underwood agrees with Mr. Schneider that the fuel tank 

project was not a major alteration of the fuel system. 

STUART A GOLDSTEIN, P.A. 

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

T: (305) 670·1222 F: (305) 400·068S STUARTGOLDSTEINPA@ATT.NET 
13. Respondent objects to this Interrogatory in its use of the word "components" 

which is a word not used in Mr. Underwood's Declaration. Without waiving this 

objection, Respondent states Mr. Underwood's opinion is that the quality of the 

newly fabricated fixtures and attachments was equal or better than the removed 

fixtures and attachments. They were clearly better than the removed parts and 

were of at least equal quality of the removed parts in their original condition, 

based on Boeing drawings. The hardware and materials were of aircraft quality; 

they were procured from recognized aircraft parts suppliers, and installed in 

conformity with original Boeing installation drawings for electrical, bonding, 

plumbing, wiring, etc. 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 400-0685 

Email: stuartqoldsteinpa@att.net 

Stuart A. Goldstein 

Attorney for Respondent 

STUART A. GOLDSTEIN, P.A. 

7300 NORTH KENDALL DRIVE. SUITE 380, 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 'J day 

of April, 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 Email and 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 

U. S. Department of Transportation 

1200 New Jersey Avenue, S. E. (E11-310) 

Washington, D. C., 20590 

By Federal Express 

Stuart A. Goldstein 

STUART A. GOLDSTEIN, P. A. 

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

T' (305] 670-1222 p, (305] 400-0685 STUARTGOLDSTEINPA@ATT.NET