Jeffrey M. Harper FAA Office of Regional Counsel 1601 Lind Avenue Southwest Renton, Washington 98057 T (425) 227-2161 F (425) 227-1007 

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# HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In the Matter of: 

### !XL Premium Lubricants, Inc

.. FAA CaseNo. 2014NM720059 DMS No. FAA-2015-0634 Judge: Richard C. Goodwin



### COMPLAINANT'S SECOND DISCOVERY REQUEST
To Respondent: In accordance with 14 C.F.R. 

### § 13.220 and the Federal Rules ofCivil Procedure, please respond to the following Interrogatories, Requests for Production ofDocuments, and Request for Admissions, separately and fully under oath byAugust 26, 2015. These discoveryrequests are intended to discover information and/or documents not only within your personal knowledge or obtainable by you, but also information in the possession ofor obtainable by your attorneys, investigators, representatives, employees, agents, or anyone acting on your behalfor on their behalf. These discovery requests are continuing innature and any information which maybe discovered by you subsequentto the service and filing ofyour answers must be broughtto the attention ofthe agency attorney through supplemental answers when it becomes available to you, at a reasonable time prior to the hearing in this matter. Ifthere are any additions, deletions or cbanges in the answers or information provided at any time prior to the hearing Respondent is specificallyrequested to so immediately inform the agency attorney. 

### Ifsuch information is not furnished, the agency attorney atthe time ofthe hearing will move to exclude from evidence such information requested and not furnished. These discovery requests are in addition to the requests served on 

### !XLPremium Lubricants on June 2, 2015.The agency attorney further requests thatthe Respondent produce the documents identified and designated herein for inspection and copying at the FederalAviationAdministration (FAA) Office ofRegional Counsel, Suite 570, 1601 LindAvenue, Southwest, Renton, Washington 98057, byAugust 26, 2015. Privilege If, in respondingto, or failing to respond tothese Interrogatories, Requests for Admission and Requests for Production you invoke or relyupon any privilege ofanykind, state specificallythe nature ofthe privilege; the basis upon which you invoke, rely upon, or claim it, including any statutory or decisional reference ifapplicable; and identifY 

### all documents or other information, including contacts and communications, which you believe to be embraced bythe privilege invoked. DATED this 27ili day ofJuly, 2015. Digitally signed by JEFFREY MHARPER DN: c=US, o=U.S.



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**FAAAttorne~** MHARPER Date: 2015.07.27 10:49:25

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Complainant's Second Discovery Request In the Matter of IXL Premium Lubricants, Inc. OMS No. FAA-2015-0634; FAA Case No. 2014NM720059 Page 2 of 6 Jeffrey M. Harper, FAA Attorney T (425) 227·2161 F (425) 227-1007Interrogatories InterrogatoryNo. 11: Identify byname, address, and telephone number tbe individual who prepared the package shipped by lXLPremiumLubricants, Inc. (IXL) under UnitedParcel Service air waybill number 1ZW819670494003174. InterrogatoryNo. 12: State the flashpoint ofthe bottle oflXLPremium Gas Treatment contained in the package shipped by lXLunder United Parcel Service air waybill number 1ZW819670494003174. Requests for Production Request for Production No. 8: Provide a copy ofall documents relating to all shipments madeby IXLto its customers for the period December 17, 2014 through July 27, 2015, including, but not limited to:


### • Invoices, • Shipping papers, • Waybills, • Packing slips, • "Hazardous Material & Dangerous Goods Shipment Checklist[s]," and
• "HazardousMaterial & Dangerous Goods Shipment Tracking Forrn[s]." Request for ProductionNo.9: Provide a copy ofall seven pages ofan e-mail sent by LindsayAshworth (ashwortbfam6@gmail.com) to Jordan Olsen (jordan.olsen@ixldirect.com), dated June 18, 2015 at 3:57PM. Request for Production No. 10: Provide a complete copy ofall e-mails or other documents forwarded or referenced in the e-mail described inRequest for ProductionNo. 9. Request for Production No. 11: Provide a complete copy ofall "Preparing and Shipping Hazardous Material and Dangerous Goods Test[s ]" completed by any IXL employee or agent for lXLfor the period July 4, 2014 through July 27, 2015. Request for Production No. 12: Provide a complete copy ofall documents relating to approval oflXL as a HAZMAT shipper byUPS (United Parcel Service). Request for ProductionNo. 13: Provide a complete copy ofall documents relating to approval oflXL as a HAZMAT shipper byUnishippers. Request for Production No. 14: Provide copies ofall records relating to HAZMAT training received by lXL employees or agents for lXLfor tbe period July 4, 2014 through July 27, 2015 including, but not limited to: Complainant's Second Discovery Request In the Matter of !XL Premium Lubricants, Inc. DMS No. FAA-2015-0634; FAA Case No. 2014NM720059 Page 3 of 6 Jeffrey M. Harper, FAA Attorney T (425) 227-2161 F (425) 227-1007• Invoices from training vendors, • Certificates ofCompletion, • Written exams, and • Syllabi. Request for Production No. 15: Provide copies ofall records relating to HAZMATtraining kept byIXL as required by 49 C.P.R. § 172.704(d). Request for Production No. 16: Provide a copy ofthe Material SafetyData Sheet for the particular formulation ofiXLPremium Gas Treatment shipped by IXLunder United Parcel Service air waybill number IZW819670494003174. Request for ProductionNo. I7: Provide a copy ofthe shipping paper for the package !XL shipped under United Parcel Service air waybill number 1ZW819670494003174, as required to be kept by !XLby49 C.P.R. 

### § 172.20l(e). Request for ProductionNo. 18: Provide a copy ofthe Emergency Response Information for the package !XL shipped under United Parcel Service air waybill number IZW819670494003174, ifnot presented to United Parcel Service as part ofthe shipping paper for the package under 49 C.P.R. § 172.602(b)(3)(i). Requests for Admission Under 14 C.P.R. § l3.220(b) and Rule 36 ofthe Federal Rules ofCivil Procedure, you are requested to admit the truth ofthe following matters. A matter is admitted unless responded to in a reasonable time. The Rules ofPractice in FAA Civil PenaltyActions, 14 C.P.R. 

### § 13.220(d), defmes a reasonable time to be 30 days. The agency requests that an answer be served upon the agency attorney either admitting the matter, specifically denying the matter, stating whythe matter cannot be admitted or denied, or objecting to the request, with reasons for the objection stated within 30 days ofthe date ofservice upon you, that is, August 26, 2015. Per IntenogatoryNo. I0, !XLmust state with specificitythe facts and evidence which form the basis for denial ofany ofthese Request for Admissions. Per Request for Production No. 6, !XLmust provide copies ofany documents that support its answer to Intenogatory No.lO. Request for Admission No. 27: Admit an employee of!XLprepared the package IXL shipped under United Parcel Service air waybill number 1ZW819670494003174. Request for Admission No. 28: Admitthat the !XLemployee that prepared the package !XL shipped under United Parcel Service air waybill number IZW819670494003174 did not receive any training regarding the shipping ofbazardous materials before July 4, 2014. Complainant's Second Discovery Request In the Matter of IXL Premium Lubricants, Inc. OMS No. FAA-2015-0634; FAA Case No. 2014NM720059 Page 4 of 6 Jeffrey M. Harper, FAA Attorney T (425) 227-2161 F (425) 227-1007

### CERTIFICATE OF SERVICE
I hereby certify thatthe foregoing Complainant's Second DiscoveryRequesthas been servedviafacsimile, e-mail and Certified Mail- Return Receipt Requested this date, to the following: The Honorable Richard C, 

### Goodwin Office ofHearings, M-20 U,S, Department ofTransportation 1200 New Jersey Avenue, Southeast (Ell-310) Washington, DC 20590 Fax: (202) 366-7536 Jordan 0 

### !sen IXL Premium Lubricants, Inc, 2719 North 1600 West Pleasant View, UT 84404 Fax: (801)731-4499

I hereby certify that the foregoing Complainant's Second DiscoveryRequest has been servedvia facsimile, and Certified Mail- ReturnReceiptRequested this date, to the following: Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Suite 2Wl000 Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Fax: (202) 493-5142 Dated this 27th day ofJuly, 2015, 

## danaJ5tephenson@faa,gov Digitally signed by dana.lstephenson@faagov ON: cn=dana.Lstephenson@faa.gov Date: 2015.07.2711:24:19 -07'00' **~~~~---------------** 

### Dana Stephenson Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Ave, SW Renton, WA 98057 (425) 227-2007

Complainant's Second Discovery Request !n the Matter of !XL Premium Lubricants, lnc. DMS No. FM-2015-0634; FAA Case No. 2014NM720059 Page 6 of 6 Jeffrey M. Harper, FAA Attorney T (425) 227-2161 F (425) 227-1007