IN THE MATTER OF COASTAL AIR TRANSPORT, INC., Respondent U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
) ) ) ) ) ) FAA Docket No. FAA-2011-1005 JudgeJ.E. Sullivan



# ____________ ) FAA CASE NO. 2010S0700037

RESPONDENT'S ANSWER TO GENERAL DISCOVERY AND PRODUCTION OF DOCUMENTS Comes nowthe Respondent to answer Complainant's Discovery request datedJune 15,2012. We will attemptto keep all answers as short and concise as possible. They will be listed in response to numbers used bythe Complainant. PRODUCTION:
1. Listed on previous response datedAugust 2, 2012. 2. Do,cuments submitted August 2, 2012 and by Complainant. 3. All station personnel and flight crews advised as to hazmat requirements. 4. List Operations Specifications pages requested. 5. N/A 6. We have been advised notto pursue this program. Our refinery operation has closed down on St Croix, so there is no longer a requirementtotransportsamples in the future. INTERROGATORIES:
1. Listed on previous document datedAugust 2, 2012. 2. Already listed above. 3. Already listed above. 4. All station personnel and flight crews advised as to hazmat requirements. 5. Ok. 6. Asper#6above. '"! ,.... lr: f · ...,' '
.... t**~-·**REQUESTS FOR ADMISSION:
1. DENIED. Containerwas in fact a DOT approved specification box. Materials were exempted per49 CFR Part 175.10. 2. ADMITIED. 3. DENIED. Alreadytestified that said boxwas notcarried in the cabin orflight deck ofthe aircraft. Itwas carried in the approved cargo compartment. 4. DENIED. Not required underthe exemption per49 CFR Part 175.10, I have yetto observe hazardous markings on a "Six Pack" liquor box. 5. DENIED. Small quantityand properly packaged as per#1 above. 6. DENIED. Not required as per#1 above. 7. DENIED. Not required as per#1 above. 8. DENIED. Not required as per#1 above. 9. DENIED. Not required as per#1 above. 10. DENIED. See #4 above. 11. DENIED. Not required as per#1 above. 12. DENIED. Alreadytestifiedthat I was the Pilot-in-Command and that I loaded the box inthe cargo compartment ofthe aircraft. 13. DENIED. Not required as per#1 above. 14. ADMITIED. 15. ADMITIED. 16. ADMITIED. 17. ADMITIED. 18. DENIED. Ifcarried in small quantities and properly packaged, notconsidered dangerous. See #1 above. 19. DENIED. Ifcarried in small quantities and properly packaged, notconsidered dangerous. See #1 above. The above information is respectfully submittedthis

### ih day ofAugust 2012.

Michael Foster President Coastal Air

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U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS FEDERAL AVIATION ADMINISTRATION



### FEDERALAVIATION ADMINISTRATION, Complainant,
vs. COSTALAIR TRANSPORT, INC., Respondent. Docket No. FAA-2011-1005 Case No. 201OS0700037 Judge J.E. Sullivan

AGENCY'S REQUEST FORDISCOVERY

AND PRODUCTION OFDOCUMENTS 

### Pursuant to Rules 26(b) and 34(a) oftheFederal Rules ofCivil Procedure, the discovery guidelines set forth in case precedent, and Section 13.220 ofthe Rules ofPractice in FAA Civil Penalty Actions [14 C.P.R. §13.220], the Agency, the Complainant, by and through the undersigned counsel, hereby propounds the following Request for Production, Interrogatories and Request for Admission and requests your responses not later than 30 days ofservice ofthis request. Answer each Interrogatory separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu ofan answer. The answers are to be signed bythe person makingthem, and the objections signed bythe attorneymakingthem. You may respond to the Requests forProduction by producing true and accurate copies ofthe originals. Ifyou refuse to produce any documents or other evidence on the basis ofprivilege or other objection, identify specificallythe items withheld from production. These discovery requests shall be continuing in nature so as to require you to file supplemental responses in the following circumstances: (a) When you become aware of the identify and location of any witness, lay or expert, who is not identified in your originalresponse; or

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### (b) When your original response was initially correct, but subsequently rendered incorrect or inaccurate based upon information discerned after the original response is prepared. DEFINITIONS 

### "Documents" include, without limitation, notes, memoranda, invoices, work orders, receipts, reports, letters, audio and video tapes, photographs, facsimiles, transcripts, written statements, records ofconversations, computerdisks ortapes, and other tangible materials. "You" or "your"refers to Respondent and his agents, officers, oremployees. "Identify," when referring to persons, requires you to provide the full name, address, telephone number (business and residence, where available) and any otherinformationpertinentto locating such person. When pertaining to an object or place, "identify'' means to provide the name, location orotherdescription ofsuch object orplace. "This matter" refers to the events and circumstances underlying the allegations set forth in the Complaint. REQUESTS FORPRODUCTION 1. 

### To the extent that any expert witness is expected to testify, reports a..'1d records that form the basis for this testimony. 2. Copies of any documents which Respondent intends to introduce into evidence and which have not already been submitted to the Agency. Please identify those documents which have alreadybeen submitted to the Agency. 3. Please provide evidence ofany corrective or remedial action taken as a result of this matter. 4. Please provide a copy of Coastal Air Transport's Part 135 Operation Specifications. 5. Please provide a copy ofCoastal AirTransport's Manual for the Non-Acceptance and Non-Transport ofDangerous Goods in AirTransportation. 6. Please provide a copy ofthe hazardous materials training program described in the response letter dated January 14, 2010.



### 2INTERROGATORIES I. Pleaseprovide the name, occupation, and business address ofeachperson Respondent intends tocall as a witness in this proceeding. 2. Please providethe subject matter upon which each intended witness is expected to testify, the facts and opinions as to which each intended witness is expected to testify, and a summaryofthe grounds for each opinion. 3. Identify each expert witness you may call to testify at a hearing on this matter. For each expert witness identified, state the subject matter upon which each is expected to testify, summarize the substance of such expected testimony (including, without limitation, the substance ofexpected opinion testimony) and state the grounds for each such opinion (including, without limitation, identification of all facts; treatises, reports,**re~ords,** documents or tangible evidence that form the basis for such opinion). 4. Please describe evidence ofany corrective or remedial action taken as a result of this matterincluding the date such actionwas implemented. 5. For each request for admission not admitted or denied, please state in detail the reason for the denial ornon-admission.
6. Please describe thehazardous materials training program mentioned in yourreply letter dated January 14, 2010. REQUESTS FORADMISSION 1. Admit Respondent on or about October 21, 2009, knowingly accepted for transportation by air a one piece shipment consisting of a non-specification fiberboard box containing hazardous materials on Flight 413 arriving at the AlexanderHamiltonAirport (STX), Saint Croix, U.S. Virgin Islands. 2. Admit Respondent transported on October 21, 2009, two 750ml bottles offuel oil onboard flight 413 labeled fuel oil UN#1993. 3. Admit Respondent transported a hazardous material in the cabin ofa passengercarrying aircraft oronthe flight deskofan aircraft. 4. Admit Respondent did not maintain the appropriate MSDS, packing slips or other hazardous markings or warnings on the above mentioned fiberboard box labeled onthebox.

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### 5. Admit Respondent accepted hazardous material for transportation aboard an aircraft when thehazardous material was not properly described and certified on a shipping paper prepared in duplicate in accordance with subpart C ofpart 172 or as authorized by49 C.P.R. §171.11. 6. Admit Respondent accepted for transportation the fiberboard box described in Paragraph II. of the Complaint that was not accompanied by a Shipper's Certification orDeclaration ofDangerous Goods. 7. Admit Respondent accepted for transportation the fiberboard box described in Paragraph II. of the Complaint that did not have shipping papers prepared as required 49 C.P.R. §172.200(a) and §172.202(a). 8. Admit Respondent accepted for transportation the fiberboard box described in paragraph II. ofthe Complaintthat was not marked "FlammableLiquid".
9. Admit Respondent accepted the fiberboard box described in paragraph II. ofthe Complaint that was not marked with the standard orientation markings depicted in 49 C.P.R. 

### §172.312. 10. Admit Respondent accepted for transportation the fiberboard box described in paragraph II ofthe Complaint that did not have a "FLAMMABLE LIQUID" label affixed to the fiberboard box. 11. Admit Respondent accepted for transportation the fiberboard box described in paragraph II. of the Complaint that did not provide emergency response information with the fiberboard box. 12. Admit Respondent carried ahazardous material in an aircraft and failed to provide the pilot-in-command a copy of a written notification of the proper shipping name, hazard class and identification number ofthe material as early as possible before departure. 13. Admit Respondent engaged in for-hire transportation ofpassengers and failed to display notices of the requirements applicable to the carriage of hazardous materials aboard aircraft, as defined in 49 C.P.R. §175.25. 14. Admit the letter attached at Exhibit 1is a true and accurate copy ofRespondent's letter ofreplydated January 14, 2010. 15. Admit the Material Safety Data Sheet (MSDS) attached at Exhibit 2 is a true and accurate copy ofthe MSDS for the fuel oil carried aboard Respondent's Flight 413 on or about October 21, 2009.

416. Admit the photocopies ofthe Hazcom Labels attached at Exhibits 3 and 4, are true and accurate copies ofthe Hazcom Labels that were attached to the diesel fuel containers Respondent carried onboard Respondent's Flight 413 on or about October 21,2009. 

### 17. Admit the photocopy ofthe FAA National Operations and Training Manual for the Non-Acceptance and Non-Transport of Dangerous Goods in Air Transportation attached at Exhibit 5, is a true and accurate copy of the FAA National Operations and Training Manual for the Non-Acceptance and NonTransport ofDangerous Goods in Air Transportation signed by Respondent, as corporate officer ofCoastal Air Transport, Inc. 18. Admit diesel fuel is a dangerous good. 19. Admit fuel oil is a dangerousgood. The information requested herein should be submitted within thirty (30) days after service ofthis document to: RASHA

### WN RICH GEORGE Attorney Federal Aviation Administration Office ofthe Regional Counsel, ASO-7 SouthernRegion P.O. Box 20636 Atlanta, Georgia 30320 Telephone: (404) 305-5200, facsimile (404) 305-5223. 

# 4lt Respectfully submitted this 

# IS dayofJune 2012.

Attorney Office oftheRegional Counsel



### 5CERTIFICATE OF SERVICE

I herebycertifythata copy ofthe foregoing correspondence was mailed by Priority U.S. Mail and facsimile to:

The HonorableJ.E. Sullivan- by mail Office of Hearings, M-20 

### u.s. DepartmentofTransportation 1200 NewJerseyAve, S.E.(E12-320) Washington, D.C. 20590 Tel: 202-366-2132 Fax: 202-366-7536

Rashawn Rich George- by mail & fax Office ofthe Regional Counsel, AS0-7 Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 Tel: 404-305-5200 Fax: 404-305-5223

And the original and one copyto: U.S. DepartmentofTransportation Docket Operations, M-30 Room W12-140 1200 NewJersey Ave, S.E. Washington, D.C. 20590

Dated: 

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