10/09/2012 11:54 4252271007 ANM7 PAGE 02/07

JEFFREY HARPER FAA OFFICE OF REGIONAL COUNSEL 1601 LIND AVENUE SOUTHWEST RENTON, WASHINGTON 98057 TELEPHONE: (425) 227-2161 FACSIMILE: (425) 227-1007**~~]!1** iY'T • r· r) ry. 01 £, '· \)i, t ,J j·- t.. ,::. ()



### UNITED STATES 

### OF AMERICA 

### DEPARTMENT OF 

### TRANSPORTATION OFFICE OF' HEARINGS



### WASHINGTON, D.C.

In the Matters·of: Leading Edge Aviation, Inc.

To: Leading Edge**Aviation~** Inc. FAA Case No. 2011NM070089 

### DMS No. FAA·2012-0783 Honorable Richard C. Goodwi.n



### Complainant's Responses to Respondent's Requests to Admit


### Pursuantto 14 C.P.R.§ 

### 13.220, 

### and consistent with Fed.R.Civ.Pro. 

### 26, and**36~** 

### Complainant responds to Respondent's Requests to Admit served September 7, 2012. Complainant is
aware ofand understands the contin:uh1.g !lature ofits discovery obligation! and reserves the right to supplementthis response a.s necessary. Where an objection is noted, but a substantive response is provided, the substantive l'esponse is provided without waiving the objection.**Reques~** 

### toAdmit

### No. 1: Leading Edge corrected the typographical error on its Capability List of' 1Bell 206 AJB 

### series' 1to "Be11206 series". 

### Answer: Objection, argwnentative, to the 

### exten:tthe 

### requested admission 

### assumes the CapabilitY List had a typographical error. Deny with respect to the 

### characterization of the Capability List as having**l~d** a typographical error. Admit that Leading Edge's CapabilityList currently lists**~·Bell** 

### 206 series" aircraft. Request to AdmitNo. 2: Leading Edge corrected the typogri3:phical error on its Capability List stated in request to admit #1atthe direction ofand to the satisfaction ofF AA PMI Curt Cowley. 

### Answer: Objection, argumentative, to the extent the request 

### admission assum.es the Capability List had a typographical error. Objection, compound question. Deny with respect to the characterization ofthe Capability List as having had atypographical10/09/2012 11:54 4252271007 ANM7 PAGE 03/07

error. Admitthat Leading Edge's Capa.bili.ty List citrrently lists ''Bell 206 series" aircraft. Deny that the addition. of"Bell 206 series" aircraft was at the direction of FAAPMI Curt Cowley; the addition ofa capabilityto tbe capabilities list is the responsibility ofLeading Edge. See Produced Documents Bates No. 000133--000134. 

### Request toAdmitNo.3: 

### No additional**housing~** facilities, equipment, materials, data, knowledge, or experience are needed for the Bell 206 series versus the Bell 206 AfB se:des. 

### Answer: Deny. 

### By way ofexample, and not limitation, the da.ta are different as the Bell 206 AlB series uses a different maintenance m.anual than the 206L series. By way ofexample, an.d not Hmitation, the materials are**different~** as part numbers vary between the two series.
Request toAdmitNo. 4: The logbook entries for the Aircraft dated July 7, 2011 were not made by Leading Edge·. Answer: Admit. 

### Request to AdmitNo. 5: The logbook entries for the Aircraft dated July**7~** 2011 were m.ade by a service provider who is a competitorto Leading Edge. 

### Answer: Objection,**argumentative~** 

### to the extent 

### the requested 

### admission assumes the service provider is a competitorto Leading Edge. Deny, Complainant is without sufficient infonnation or knowledge ofLeading Edge's business or the business ofthe 

### service provider making the July 

### 7l 2011 

### logbook e11trl.es to detenni.ne whether the 

### service 

### provider is 

### or is 

### n.ot a 

### competitorto Leading Edge. · · 

### Request to AdmitNo. 

### 6: The FAA. did 

### n.ot independently c:onfinn the accuracy ofthe purported discrepancies noted in the Aircraft's logbook dated. July 7, 2011. 

### Answer: Deny. 

### Request to AdmitNo. 7: Tile FAA l.s seeking violations and penalties against Leading Edge premised 

### upon a competing service provider's 

### Jog book entries for the Aircraft dated July 7) 2011. 

### Answer: Objection, argumentative to the extentthe requested**admi~sion** assumes the service provider is a competitor to Leading Edge. Denyl Com:plai.nant is without · sufficient information orknowledge ofLeading Edge's business or the business ofthe service provider making the July 7, 20lllogbook entries to detennine whether the · service provider is or is not a competitor. Admit that the 

### violations are based, inpart, 

### on log book entries for 

### the**Air~raft** dated July 7, 2011.
Request to AdmitNo. 8: Bell Helicopter's guidelines did not require a hidden damage inspection ofthe Aircraft at the time Leading Edge performed its 100 hour inspection on or about February 17. 20 11.
Complainant's Responses to Respondent's Requests to Admit Leading: EdgeAviation, Jnc. DMS Nos. FN\.·2012·0783 Page2 of5 JEFFREY M. HARPER, FAA**A:r.roR~'i'** TEL:**425.227.1417~** FAX: 425.227.100710/09/2012 11:54 4252271007 ANM7



### Answer: Admit. Request toAdmitNo. 9: An air conditioning leak is not required to be repaired in connection with a 100 hour inspection 

### by manufacturer Bell Hell.copter. Answer: Deny. Request to AdmitNo. 10: The Aircraft's air conditioning leak reflected onLeading's [sic] Edges 100 hour inspection completed on February 17, 2011 had no bearing on the airworthiness oftheAircraft. 

### Answer: Deny. 

### Request to AdmitNo. 11: The purported "discrepancy" in paragraph 16(a) ofthe FAA Complaint is incottect because the**~ircraft•s** latch engaged appropriately during Leading Edge's 100 hour inspection completed on February 17. 2011. 

### Answer: Deny. 

### Request toAdmitNo. 12: Leading Edge did not perform. the work referenced inparagraph 16(b) ofthe FAA's Complaint and Leading Edge had no obligation to inspect this part ofthe Aircraft during its 100 hour inspection completed on. Febroary 17, 2011. PAGE 04/07



### Answer: 

### Deny Leading Edge had no obligation to inspect the part referenced in paragraph 16(b) ofthe Amended Complaint. Admit that Leading Edge did not in.spect the part referenced in paragraph 16(b) ofthe Amended Complain.t. 

### Request to 'AdmitNo. 13: The purported**~'discrepancy"** in paragraph 16(e) ofthe FAA's Complaint was not present when Leading Edge completed its 100 hour inspection ofthe Aircraft on or about February J 7, 2011. 

### Answer: Deny. Request toAdmitNo

..14: The purported**'~discrepancy"** in paragraph 16(f) ofthe FAA's Complaint did not exist on or about February 17, 201 L The screws are not too long or bottoming onnut plates. Answer: Deny the discrepancy did not exist on or about February 17, 2011. Deny the
screws are not too long or bottoming on nut plates. 

### Request to Admit

### No. 15: The purported**'~discrepancy"** in paragraph 16(g) ofthe FAA's Complaint did not exist when Leading Edge completed its 100 hour inspection. ofthe Aircraft
on or about February 17,2011. 

### Answer; Deny. 

### Request toAdmitNo. 16: "Working" rivets are not required to be corrected per Bell Helicopter's inspection checklist.
CornplainBilt's Responses to Respondent's Requests to Admi.t J

..e:adln.g Edge Aviation, Inc. DMS Nos. FAA·2012·0783 Page 3 of6 JEFFR.F.Y M.**BARPr~.** FMArrORNEY TEL: 425.227.1417; FAX: 425.227.100710/09/2012 11:54 4252271007 ANM7 PAGE 05/07



### Answer: Deny. 

### Request to AdmitNo. 17: The purported "discrepancy', inparagraph 16(h) ofthe F AA1s Complaint did not 

### exist when. Leading Edge completed 

### its 100 hour inspection ofthe Aircraft
on February 17,2011. 

### Answer: 

### Deny. Request 

### toAdmitNo. 18: 

### Ifthe fin damage to 

### the Aircraft alleged 

### in paragraph 16(h) ofthe 

### FAA's Complaint 

### was caused during an accident that occurred in**t~e** 

### year 2000 as speculated bythe FAA, the fm damage 

### to the Aircraft was visjble t9 the F M during its 

### confonni.ty inspection. 

### Answer: Admit, 

### with the caveat that conformity 

### j.nspecti.on.s are the responsibility of the operator, not the FAA, and do not have the same scope as a 100 hour inspection. See FAA 

### Order 8900.1, Volume 

### 4, Chapter 

### 16,**~** 

### 4-1671.C. Request toAdmitNo. 19: Leading Edge 

### did n.ot rem.ove 

### or install 

### the fin referenced in paragraph 16(h) ofthe 

### FAA's Complaint. 

### Answer: Complainant is without sufficientinformation or 

### knowledge to determine if Leading Edge did not remove or install the 

### fin. reference in paragraph 16(h) ofthe Amended Compliant. Admit tl1.at the logbook for the Aircraft does not indicate the fin
was removed 

### or installed. 

### Request toAdmitNo. 20: 

### The fin is not required 

### to be inspected during the 100 hour inspection per the Bell Helicopter checklist. 

### Answer: Deny. 

### Request toAdmitNo. 21: The purported discrepancy in paragraph 16(i) ofthe FAA's 

### Complaint does not exist. The Aircraftls hardware installation 

# is correctperthe instructions for. the STC to allow proper clearance ofthe compressor drive pulley. 

### Answer: Complainant is without sufficient information or 

### knowledge to determine the current status of.tb.e 

### discrepan.cy described in paragraph 16(i) ofthe Amended Complaint as the aircraft is not in Complainant's possession, and therefore deny. Deny the discrepancy described in paragraph 16(i) ofthe Amended Complaint did .not exist at the time Leading Edge completed its 100 hour inspection ofthe Aircraft on February 17, 2011. Complainant is without sufficient information orknowledge to determine the current status of

# the hardware installation, and therefore deny. 

### Deny thatthehardware installation was correct at the time Leading Edge completed its 100 hour inspection ofthe Aircraft on February 17, 2011.

Complainant's Responses to Respondent's Requests to Admit Leading Edge Aviation, Inc. DMS Nos. FAA-2012-0783 Page 4 of6 JEFFREYM. H.Aru>ER, FAAAitOT{NlaY TEL; 425.227.1417: FAX: 425.227.1007il' 10/09/2012 11:54 4252271007 ANM7



### Request toAdmit

### No. 22: The purported discrepancy in paragraph 16(j) ofthe FAA's Complaint does not exist. Th.e Aircraft's system is operational and was checked during the post 100 hou:r nm 

### up. Answer: Complainant 

### i.s without sufficientinformation or knowledge to 

### determin.e the current status ofthe discrepancy d.escribed in paragraph 16G) ofthe Amended 

### Complaint as the aircraft 

### is not in Complainant's possession, and 

### therefore deny. Deny the discrepancy described in paragraph 16G) ofthe Amended Complaint did not exist a.t the time Leadin.g Edge completed its 100 hour inspection ofthe Aircraft on February 17, 2011. 

### Respectfull.y submitted 

### this 9th day ofOctober, 201.2.

# -t~~ FAAAttorney 

### JMH/ds

Complainant's Responses to Respondent's Requests to Admit Leading Edge Aviati(ln, lno. DMS Nos. FAA-2012·0783 PageS of6 JEFl!RliYM. HA:RPER, FAAATT.OMEY TEL: 425.227.1417; FAX: 425.227.1007 PAGE 05/07**~** 10/09/2012 11:54 4252271007 ANM7 PAGE 07/07



### CERTIFICATE OF SERVICE
I hereby certify that the foregoing Complainant's Responses to Respondent's Requests to Admit has been served via facsimile and Certified Mail- Return Receipt Requested this date, to the following:


### The Hon.ora.ble Richard. C. Goodwin Office ofHearings, M-20 1200 

### New Jersey Avenue, 

### S.E. East Building Ground Floor, Rm.**El2~320** Washington, D.C. 20590 TEL: (202) 366-2139 

### FAX: (202) 366"7536
Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building

- Suite 2WI000 

### Federal Aviation

### Administration. 800 Independence Ave. SW. Washington, DC 20591 FAX: (202) 493MS142 Fred C.**Begy~** Esq. 

### Chuhak. & Tecson 30 South Wacker Drive, Suite 2600 Chicago, JL ·60606 Tel: (312) 855-5442 Fax: (312) 444·9027 DATED this 9th day ofOctober, 2012.



### Te i 

### irk 0 1 e ofRegional Co nsel (ANM-7) Federal 

### AviationAdministration 1601 LindAve. SW Renton, WA 98057 (425) 227-21.60

Complainant's .Responsl!ls to Rcspon.<lont's**Reque~ts** to Admit**T~eading** Edge Aviation, Inc.**J.~~y** M.l'::l.AR.PER, fAAAITORNEY TEL: 425.227.1417; PAX: 425

..2Z7.1007 DMS Nos. FAAft2012-0783 Page 6 of6