IN THE MATTER OF 

COASTAL AIR TRANSPORT, INC., 

Respondent 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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FAA Docket No. FAA-2011-1005 

Judge J.E. Sullivan 

____________ ) FAA CASE NO. 2010S0700037 

RESPONDENT'S ANSWER TO GENERAL DISCOVERY 

AND PRODUCTION OF DOCUMENTS 

Comes now the Respondent to answer Complainant's Discovery request dated June 15,2012. 

We will attempt to keep all answers as short and concise as possible. They will be listed in response to 

numbers used by the Complainant. 

PRODUCTION: 

1. Listed on previous response dated August 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 not to pursue this program. Our refinery operation has closed down 

on St Croix, so there is no longer a requirement to transport samples in the future. 

INTERROGATORIES: 

1. Listed on previous document dated August 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. 

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REQUESTS FOR ADMISSION: 

1. DENIED. Container was in fact a DOT approved specification box. Materials were exempted 

per 49 CFR Part 175.10. 

2. ADMITIED. 

3. DENIED. Already testified that said box was not carried in the cabin or flight deck of the 

aircraft. It was carried in the approved cargo compartment. 

4. DENIED. Not required under the exemption per 49 CFR Part 175.10, I have yet to observe 

hazardous markings on a "Six Pack" liquor box. 

5. DENIED. Small quantity and 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. Already testified that I was the Pilot-in-Command and that I loaded the box in the 

cargo compartment of the aircraft. 

13. DENIED. Not required as per #1 above. 

14. ADMITIED. 

15. ADMITIED. 

16. ADMITIED. 

17. ADMITIED. 

18. DENIED. If carried in small quantities and properly packaged, not considered dangerous. See 

#1 above. 

19. DENIED. If carried in small quantities and properly packaged, not considered dangerous. See 

#1 above. 

The above information is respectfully submitted this ih day of August 2012. 

Michael Foster 

President 

Coastal Air 
/ 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

COSTAL AIR TRANSPORT, INC., 

Respondent. 

Docket No. FAA-2011-1005 

Case No. 201 OS070003 7 

Judge J.E. Sullivan 

AGENCY'S REQUEST FOR DISCOVERY 

AND PRODUCTION OF DOCUMENTS 

Pursuant to Rules 26(b) and 34(a) ofthe Federal Rules of Civil Procedure, the discovery 

guidelines set forth in case precedent, and Section 13.220 of the Rules of Practice 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 of service of this 

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 of an answer. The answers are to be 

signed by the person making them, and the objections signed by the attorney making them. 

You may respond to the Requests for Production by producing true and accurate copies of the 

originals. If you refuse to produce any documents or other evidence on the basis of privilege or 

other objection, identify specifically the 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 original response; 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 of conversations, computer disks or tapes, and other tangible materials. 

"You" or "your" refers to Respondent and his agents, officers, or employees. 

"Identify," when referring to persons, requires you to provide the full name, address, telephone 

number (business and residence, where available) and any other information pertinent to locating 

such person. When pertaining to an object or place, "identify'' means to provide the name, 

location or other description of such object or place. 

"This matter" refers to the events and circumstances underlying the allegations set forth in the 

Complaint. 

REQUESTS FOR PRODUCTION 

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 already been submitted to the Agency. 

3. Please provide evidence of any 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 of Coastal Air Transport's Manual for the Non-Acceptance 

and Non-Transport of Dangerous Goods in Air Transportation. 

6. Please provide a copy of the hazardous materials training program described in 

the response letter dated January 14, 2010. 

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INTERROGATORIES 

I. Please provide the name, occupation, and business address of each person 

Respondent intends to call as a witness in this proceeding. 

2. Please provide the 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 summary of the 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 of expected 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 of any corrective or remedial action taken as a result of 

this matter including the date such action was implemented. 

5. For each request for admission not admitted or denied, please state in detail the 

reason for the denial or non-admission. 

6. Please describe the hazardous materials training program mentioned in your reply 

letter dated January 14, 2010. 

REQUESTS FOR ADMISSION 

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 

Alexander Hamilton Airport (STX), Saint Croix, U.S. Virgin Islands. 

2. Admit Respondent transported on October 21, 2009, two 750ml bottles of fuel oil 

onboard flight 413 labeled fuel oil UN #1993. 

3. Admit Respondent transported a hazardous material in the cabin of a passengercarrying aircraft or on the flight desk of an 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 

on the box. 

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5. Admit Respondent accepted hazardous material for transportation aboard an 

aircraft when the hazardous material was not properly described and certified on a 

shipping paper prepared in duplicate in accordance with subpart C of part 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 or Declaration of Dangerous 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. of the Complaint that was not marked "Flammable Liquid". 

9. Admit Respondent accepted the fiberboard box described in paragraph II. of the 

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 of the 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 a hazardous 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 of the material as early as possible 

before departure. 

13. Admit Respondent engaged in for-hire transportation of passengers 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 1 is a true and accurate copy of Respondent's 

letter of reply dated January 14, 2010. 

15. Admit the Material Safety Data Sheet (MSDS) attached at Exhibit 2 is a true and 

accurate copy of the MSDS for the fuel oil carried aboard Respondent's Flight 

413 on or about October 21, 2009. 

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16. Admit the photocopies of the Hazcom Labels attached at Exhibits 3 and 4, are 

true and accurate copies of the 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 of the 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 of Dangerous Goods in Air Transportation signed by Respondent, as 

corporate officer of Coastal Air Transport, Inc. 

18. Admit diesel fuel is a dangerous good. 

19. Admit fuel oil is a dangerous good. 

The information requested herein should be submitted within thirty (30) days after service of this 

document to: 

RASHA WN RICH GEORGE 

Attorney 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

4lt Respectfully submitted this IS day of June 2012. 

Attorney 

Office of the Regional Counsel 

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CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing correspondence was mailed by Priority U.S. Mail and 

facsimile to: 

The Honorable J.E. Sullivan- by mail 

Office of Hearings, M-20 

u.s. Department of Transportation 

1200 New Jersey Ave, S.E.(E12-320) 

Washington, D.C. 20590 

Tel: 202-366-2132 

Fax: 202-366-7536 

Rashawn Rich George- by mail & fax 

Office of the 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 copy to: 

U.S. Department of Transportation 

Docket Operations, M-30 

Room W12-140 

1200 New Jersey Ave, S.E. 

Washington, D.C. 20590 

Dated: '3 -"].-{V