U.S. DEPARTMENTOFTRANSPORTATION Office of Hearings Washington, D. C.

The Liberty Foundation, Inc.
FAA DOCKET NO. 2012-0477 (EIR 2011-GL-03-0070)

(Civil PenaltyAction)
Han. J. E. Sullivan, Administrative LawJudge

# RECEIVED
APR -8 2014 

## HEARING DOCKET

RESPONDENT'SANSWERSANDOBJECTIONSTO COMPLAINANT'S

SUPPLEMENTAL DISCOVERY REQUESTS ON NEWLY DISCLOSED TESTIMONY GENERALOBJECTIONS: 1 Respondent objects to Complainant's "deadline" of April 7, 2014, for Respondent's answers. Respondentfurther 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 objectsto Complainant's continuing use ofthe term "fabricated" as ifto indicate Respondent agreesthe aluminumtanks werefabricated. 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 DeltaAirlines or elsewhere. The basisfor Mr. Schneider'sstatement 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 TheseobjectionswereconveyedtoComplainant'scounselbyemailonApril4, 2014. STUARTA GOLDSTEIN, P.A. 7300NORTHKENDALL DRIVE, SUITE 380,MIAMI, FL 33156 To (305) 670·1222 Fo (305)400·0685 STUARTGOLDSTEINPA@ATT.NETcompletion 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 bladderswas 10,200 pounds; the weight ofthe fullyfueled 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. Schneiderdid not state "that changing the manner in which afuel 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 thatthere was no change in the design ofthe 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 +yearsof experience as an FAA certificated A& Pmechanic.
4. Respondent objectsto this Interrogatory in its use ofthe 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 orattachments.
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 ofthe aluminumfuel 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 differentfrom 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 SummaryJudgmentbriefs. 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,

STUARTA.GOLDSTEIN,P.A. 7300NORTHKENDALL DRIVE, SUITE 380,MIAMI,FL 331S6 To (30S) 670-1222 Fo (305)400-068S STUARTGOLDSTEINPA@ATT.NETand practices were approved by FAA designated inspectors over the years and were, therefore, acceptableto 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, ofthe suspension of his certificate.
8. Mr. Underwood is not acertificated 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 partsthereof.
9. Mr. Underwood has never returned an aircraftto 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 conveythat the aluminum fuel tanks had essentiallythe same capacity asthe removed bladderfuel tanks.
12. Respondent objects to this Interrogatory on the grounds it misstates Mr. Underwood's Declaration. Withoutwaiving 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 afuel system and further states thatthe fuel system of N390TH "held fuel" in the sameway before and afterthe project. Respondent objectstothe 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 notwhetherthe fuel system was "changed," butwhetherthe "basic design" of the fuel system was changed. Without waiving this objection, Respondent states Mr. Underwood agrees with Mr. Schneider that the fuel tank projectwas not amajoralteration ofthefuel system.

STUARTA GOLDSTEIN, P.A. 7300NORTHKENDALL DRIVE, SUITE 380,MIAMI, FL 33156 T: (305) 670·1222 F: (305)400·068S STUARTGOLDSTEINPA@ATT.NET13. Respondent objects tothis Interrogatory in its use ofthe word "components" which is aword 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.

STUARTA. GOLDSTEIN, P. A. 7300 North Kendall Drive, Suite 380 Miami, FL 33156 Tel: (305) 670-1222 Fax: (305) 400-0685 Email: stuartqoldsteinpa@att.net

StuartA. Goldstein Attorneyfor Respondent

STUART A. GOLDSTEIN, P.A. 7300NORTHKENDALL DRIVE. SUITE 380,MIAMI, FL 33156 T' (305] 670·1222 p, (305) 400·0685 STUARTGOLDSTEINPA@ATT.NETCERTIFICATE OFSERVICE

-··; I HEREBY CERTIFYthatthe foregoing has been served on this 

### 'J day
of April, 2014, as setforth below: Christopher

### R. Stevenson, Esq. Officeofthe Regional Counsel Federal Aviation Administration P. 0. Box20636 Atlanta, GA 30320 By Email and Federal Express
and thatan original and one copywas served upon: Hearing Docket Clerk, AGC-430 WilburWright Building, Suite2W1000 Federal Aviation Administration 800 IndependenceAvenue, S. W. Washington, D. C., 20591 By Federal Express
and thatacopywas served upon: HonorableJ. E. Sullivan Office of Hearings, M-20 U. S. Departmentof Transportation 1200 NewJerseyAvenue, S. E. (E11-310) Washington, D. C., 20590 By Federal Express

Stuart

### A. Goldstein

STUARTA. GOLDSTEIN, P.A. 7300NORTHKENDALL DRIVE, SUITE 380,MIAMI, FL 33156 T' (305] 670-1222 p, (305]400-0685 STUARTGOLDSTEINPA@ATT.NET