05/02/2015 11:45 4252271007 

Jeffrey M. Harper 

FAA Office of Regional Counsel 

:L601 Lind Avenue Southwest 

Renton, Washington 98057 

T (425) 227-21_61 

F ( 425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

IXL Premium Lubricants, Inc .. 

FAA Case No. 2014NM720059 

DMS No. FAA-2015-0634 

Judge: Richard C. Goodwin 

COMPLAINANT'S INITIAL DISCOVERY REQUEST 

To Respondent: 

In accordance with J 4 C.P.R. § 13.220 and the Federal Rules of Civil Procedure, please 

respond to the following Inteuogatories, Requests for Production of Documents, and 

Request for Admissions, separately and fully under oath by July 2, 2015. 

PAGE 02/18 

These discovery requests are intended to discover information and/or documents not only 

within your personal knowledge or obtainable by you, but also information in the possession 

of or obtainable by your attorneys, investigators, representatives, employees, age11ts, or 

anyone acting on your behalf or on their behatf. 

These discovery requests are continuing in nature and any information which may be 

discovered by you subsequent to the service and filing of your answers must be brought to 

the attention of the agency attorney through supplemental answers when it becomes 

available to you, at a reasonable time prior to the hearing in this watter. If there arc any 

additions, deletions or changes in the answers or information provided at any time prior to 

the hearing Respondent is specifically requested to so immediately inform the agency 

attorney. If such information is not furnished, the agency attomey at the time of th.e hearing 

wHI move to exclude from evidence such information requested and not furnished. 

The agency attorney further requests that the Respondent produce the documents identifi.ed 

and designated herein for inspection and copying at the Federal Aviation Administration 
05/02/2015 11:45 4252271007 ANM7 

(FAA) Office of Regional Counsel, S itc 570, 1601 Lind Avenue, Southwest, Renton, 

Washlngton 98057, by July 2, 2015. 

privilege 

li; in tesponding to, or failing to resp nd to these Interrogatories, Requests for Admission 

and R~;:quests for Production you invtc or rely upon any privilege of any kind, state 

specifically the nature of the privileg ; the basis upon which you invoke, rely upon, or claim 

it, including any statutory or decision l reference if applicable; and identify all documents or 

other information, including contacts nd communications, which you believe to he 

embraced by the privilege invoked. 

DATED this 2'd day ofJtme, 2015. 

Complainant's Initial Dlsc:overyRequ~st 

In the Matter of !XL ~remlum Lubricants, Inc. 

DMS No. FAA-2015·0634; FAA Case No. 201 NM720059 

Page 2017 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227-1007 

PAGE 03/18 
B5/B2/2B15 11:45 4252271BB7 ANM7 

Interrogatories 

Interrogatory No. 1: Identify by nam address, and telephone number all persons whom 

IXL Premium Lubri.cants, Inc. (IXL) ows to have personal knowledge of the matters 

alleged in the Complaint. l 

Interrogatory No. 2: Identify by title, te, au1hor, present custodian, and content, all 

documents, including correspondencJ, obtained by IXL or in its possession, relating to the 

assertions in the Complaint, its appeal, its answer, and any affmnative defenses which it 

anticipates raising in this matter. See Request for Production No. 1. 

Interroe:atory No. 3: Identify by nam j, address, and telephone number, all persons whom 

IXL intends to have testify as a fac:Jl or expert witness in its defense at the hearing in this 

matter, and for factual witnesses, pro ·de a detailed summary of each person's anticipated 

testimony. 

Interro~ratorv No. 4: Identify by title, date, author, present custodian, and content, all 

docwnents which lXL anticipates o ... ring into evidence or using st the hearing in this 

matter, and 1hrough which witness o witnesses tbe docwnent will be offered. See Request 

for Production No. 2. 

Interrogatory No. 5: \Vith respect to ach expert witness identified in response to 

Interrogatory No. 3, specify their spebi.fic area of expertise and provide a synopsis of their 

credentials, backg.:ound, training, an! experience. 

lnterrogatory No. 6: With. respect to Jach expert IXL expects to caU as a witness, state the 

subject matter on which the expert is I expected to testi:fy, the substance of the facts and 

opinions to which the expert is expedted to testify, and provide a summary of the g.:oUllds 

for each such opinion. . J 

PAGE 04/18 

Interrogatory No. 7: Describe with s ecificity all facts and <!vidence !XL intends to rely 

upon in support of any affirmative dlfenses raised in any Answer to the Complaint. See 

Request for Production No.3. 

Interrogatory No.8: Describe with s ecificity all of the facts which lXL anticipates 

pres<'nting in 1he course of the hcardg in this matter pertaining to 1he avoidance or 

mitigation of1he sanction sought by lhe FAA in thi.s case. See Request for Production No .. 4. 

Interrogatory No. 9: For each allegat on in the Complaint that is denied-whe1her outright 

or as a result of having insufficient iMormation o.r knowledge fro.m which to form a belief as 

to the truth of the allegation, in who!~, or in part-state with specificity 1he facts that are the 

Complainant's Initial Discovel)l Request l Jeffrey M. Harper, FM Attorney 

In the Matter of IXL Premium l,ubricants, Inc. T (425) 227·2161 

DMS No. FAA-2015·0634; FM Gase No. 201

1 

NM720059 F (425) 227-1007 

Pago 3 of7 
05/02/2015 11:45 4252271007 ANM7 PAGE 05/18 

basis for that denial as well as tl1e inquiries taken to determine that the allegation in the 

Complaint is not correct. See Request for Productiou No.5. 

Interrogatory No. 10: For any Requests for Admissions that are denied--whether outright or 

as a result of having insufficient information or knowledge from which to form a belief as to 

the truth of the allegation, in whole, or in part-state with specificity the facts and evidence 

which are the basis for tl1at denial as well as the inquiries taken to determine that the facts in 

the request for adm.ission are not correct. See Request for Production No. 6. 

Reauests for Production 

Request for Production No. l: Provide a copy of all documents referred to in your answer to 

Interrogatory No. 2 

Request for Production No. 2: Provide a copy of all documents referred to in your answer to 

Interrogatory No.4. 

Request for Production No.3: Provide a copy of all documents that support your answer to 

Interrogatory No.7. 

Request for Production No.4: Provide a copy of all. documents that support your answer to 

Interrogatory No. 8. 

Request for Production No. 5: Provide a copy of all documents that support your answer to 

Interrogatory No. 9. 

Request for Production No. 6: Provide a copy of all documents that support your answer to 

Interrogatory No. 10. 

Request for Production No.7: Provide a copy of aU exhibits that JXL intends to offer as 

evidence or vvill use dru:ing any hearing in this mauer. 

Requests for Admission 

Under 14 C.F.R. § l3.220(b) and Rule 36 of the Federal Rules of Civil Procedure, you are 

requested to admit the truth of the following matters. A matter is admitted unless responded 

to in a reasonable time. T11e Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. 

§ l3.220(d), defines a reasonable tinle to be 30 days. T11e agency requests that an answer be 

served upon the agency attorney either admitting the matter, specifically denying the matter, 

stating why the matter cannot be admitted or denied, or objecting to the request, with 

reasons for the objection stated within 30 days of the date o:f service upon you, that is, 

July 2, 2015. 

Complainant's lnltlal Discovery Request 

In the Matter of [XL Premium Lubricants, Inc. 

DMS No. fAA·2015-0634; FAA Gase No. 2014NM720059 

Page 4 of 7 

Jeffrey M. Harper, FAA Attorney 

T (425) 227·2161 

F (4251 227-1007 
05/02/2015 11:45 4252271007 ANI~7 

Request for Admission No. l: Admi.t Ms. Andrea Ross was employed by IXL on or about 

July 3, 2014. 

Request for Admission No. 2: Admit Ms. Andrea Ross prepared the package IXL shipped 

under United Parcel Service air waybill number 1ZW8J 9670494003174. 

PAGE 05/18 

Request for Admission No, 3: Admit Ms. Andrea Ross did not receive any training regarding 

the shipping of hazardous materials before July 4, 2014. 

Request for Admission No.4: Admit IXL does not having any documentation documenting 

the completion of any training received by Ms. Andrea Ross before July 4, 2014 regarding 

the shipping of hazardous materials, 

Request for Admission No. 5: Admit IXL Premium Gas Treatment contains "xylene." 

Request for Admission No. 6: Admit xylene is a petroleum distillate. 

Request for Admission No. 7: Admit IXL Premium Gas Treatment contains "Solvent Naptha 

Light Aromatic." 

Request for Admission No.8: Admit Solvent Napti1a Light Aromatic is a petroleum 

distillate. 

Request for Admission No. 9: Admit IXL Premium Gas Treatment contains "1 ,2,4-

trimethylbenzene." 

Request for Admission No. 1 0; Admit 1,2,4-trimethylbenzene is a petroleum distillate. 

Request for Admission No, ll: Admit IXL Premium Gas Treatment is a liquid. 

Request for Admission No, 12: Admit IXL Premium Gas Treatment has a flashpoint of 

116"F. 

Request for Admission No. 13: Admit IXL Premium Lubricants, Inc., has made a copy of 

the Material Safety Data Sheet forlXL Premium Gas Treatment, dated August 16,2012 

("the MSDS") available at its company web pa.ge. 1 

Request for Admission No, 14: Admit Exhibit l is a true and accurate copy of the MSDS. 

Request for Admission No. 15: Admit Section 3 of the MSDS describes !XL Premium Gas 

Treatment as a "COMBUSTlBLE LIQUID AND VAPOR." 

Request for Admission No. 16: Admit Section 5 of the MSDS lists the :flashpoint for IXL 

Premiwn Gas Treatment as 116"F, 

1 http ://ixloil.org/wp-content/uploads/20 14/0 3/IXL-Premium·Gas-Treatment· MSDS.pdf 

Complainant's Initial Discovery Reque" Jeffrey M. Harper, FAA Attorney 

In !he Maner of IXL Premium Lubricants, Inc. T (425) 227-216~ 

DMS No. FAA-2015-0634; FAA Case No. 2014NM720059 F (425) 227-l.007 

Page 5 of 7 
05/02/2015 11:45 4252271007 ANM7 

Request for Admission No. 17: Admit Section 9 of the MSDS lists th.e J)ashpoint for !XL 

Premium Gas Treatment as 116°F. 

Request for Admission No. 18: Admit Section 14 of the MSDS lists the "DOT Shipping 

Name" for JXLPremium Gas Treatment as "PETROLEUM PRODUCTS, N.O.S." 

Request for Admission No. 19: Admit Section 14 of the MSDS lists the "DOT Hazard 

Class" for JXL Premium Gas Treabnent as "3 (Combustible Liquid)." 

Request for Admission No. 20: Admit Section 14 of the MSDS lists the "DOT 

Ide.,.tification Number" for JXL Premium Gas Treatment as "UN1268." 

Request for Admission No. 21: Admit Section 14 of the MSDS lists the "DOT Packing 

Group" for !XL Premium Gas Treatment as "III." 

Request for Admission No. 22: Admit Section 14 ofthe MSDS states "Consult 49CFR. or 

appropriate Dangerous Goods Regulations, for additional descripti.on requirements (e.g. 

technical name) and mode-specific or quantity-specific shipping requirements." 

Request for Admission No. 23: Ad1nit the package shipped by !XL Premium Lubricants, 

Inc., as adm.i.tted in IXL's Answer ("the package"), did not bear any markings indicating it 

contained a hazardous material. 

PAGE 07/18 

Request for Admission No. 24: Admit the package shipped by IXL Premium Lubricants, 

Inc., as admitted in IXL's Answer, did not bear any labels indicating it contained a hazardous 

material. 

Request for Admission No. 25: Admit IXL Premium Lubriclmts, Inc. did not prepare a 

Shipper's Certification, Declaration of Dangerous Goods for the package. 

Request for Admi.ssion No. 26: Admit IXL Premium. Lubricants, Inc. did not prepare any 

documentation providing emergency response information for the package. 

Complainant's Initial Discovery Request 

In the Matterof!XL Premium Lubricants, Inc, 

DMS No. FAA-2015-0634; FAA Case No. 2014NM720059 

Page 6 of 7 

Jeffrey M. Harper, FAA Attorney 

T (425) 227-2161 

F (425) 227-:l007 
05/02/2015 11:45 4252271007 AN~I7 

CERTIFICATE OF SERVICE 

I hereby certify that th~ foregoing Coruplainant's Initial Discovery Request has been se:rved 

via facsimile, e-mail and Certified Mail- Return Receipt Requested this date, to the 

following: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, Southeast (Ell-310 

Washington, DC 20590 

Fax: (202) 366-7536 

Jordan Olsen 

.lXL Premium Lubri.cants, Inc. 

2719 North 1600 West 

Pleasant View, UT 84404 

Fax: (801) 131-4499 

I hereby certifY that the foregoing Complainant's Initial Discovery Request has been served 

via facsimile, and Certified Mail- Return Receipt Requested this date, to the following: 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Fax: (202) 493-5142 

Dated this 2'd day of June, 2015. 

1() 

• . '·/! ' 

. ,. 

•'V ,,_..., '/ .· ~--;c-·-,. ~ ..... '.....1. ., ,, c, '. v _..,, 'I 'L.· •l ' •' 

h~ ~ ! 

Dana Stephenson 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425) 227-2007 

PAGE 08/18 

Complainant's Initial Discovery Request 

In "the Matter of !XL Premlum Lubrlc~nts, lhC. 

DMS No. FM-2015·0634; FAA Case No. 20HNM720059 

Jeffrey M. H~rpor, FAA Attorney 

T (425) 227-2161 

F (425) 227·1007 
05/02/2015 11:45 425227W07 ANM7 

MATERIAL SAFElY DATA SHEET 

IXL Pl•eJrumu J~nbricauts, luc. 

I Section :1. Chemical Product and Company Identification 

Product Name lXL Premium Gas Treatment 

XXL Premium Lubricants, Inc. 

1930 s. 3350 w, 

Supplier Roy, UT 84067 USA 

(801) 732-8885 

Material Uses Aftermarket Gasoline Additive 

24 Hour Emergency 

Numbers: ChemTrec (800) 424-9300 (U.S, :2.4 Hour) 

National Fire Protection 

Association (U.S.A.) 

Health 

Combustible 

Reactivity 

Specla I Hazard 

I Section 2. Composition and Information on Xngredients 

Name 

NJ Trade Secret 01154100-5246P 

Solvent Naphtha Light Aromatic 

1 ,2,4-trimethylbenzene 

Diethanolamine 

Xylene 

I Section 3. Hazards Identification 

EMERGENCY OYER VIEW 

COMBUST!6LE LIQUID AND VAPOR 

CAUSES EYE IRRITATION 

CAUSES SKIN IRRITATION 

CAS# 

Mixture 

64742-95-6 

95-63·6 

111-42-2 

1330-20·7 

MAY CAUSE RESPIRATORY TRACT IRRITATION IF INHALED 

MAY CAUSE DAMAGE TO: KIDNEY 

- TOXIC TO AQUATIC ORGANISMS 

%by Weight 

<33.0 

35.0-45.0 

<4.0 

<1.0 

<0.4 

PAGE 09/18 

IXL Premium Gas Treatment 1 of 10 Continued on 

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05/02/2015 11:45 4252271007 ANM7 

IMMEDIAH HEALTH EFFECTS 

Eye: Contact with the eyes causes Irritation. Symptoms may include pain, tearing, 

reddening, swelling and impaired vision. If this material is heated, thermal burns may 

result from eye contact. 

Skin: Contact with the skin causes Irritation. Skin contact may cause drying or defatting of 

the skin. Symptoms may Include pain, itching, discoloration, swelling, and blistering. 

Contact with the skin is not expected to cause an allergic skin response. Net expected to be 

harmful to internal organs if absorbed through the skin. If this material Is heated, thermal 

burns may result from skin coMact. 

Ingestion; May be irritating to mouth, throat, and stomach. Symptoms may include pain, 

nausea, vomiting, and diarrhea. ' 

lnhalation: The vapor or fumes from this materiol may cause respiratory Irritation. 

Symptoms of respiratory irritation may include coughing and difficulty breathing. If this 

material is heated, fumes may be unpleasant and produce nausea and irritation of the eye 

and upper respiratory tract, llreathlng this material at concentrations above the 

recommended exposure limits may cause central nervous system effects. Central nervous 

system effects may include headache, dizziness, nausea, vomiting, weakness, loss of 

coordination, blurred vision, drowsiness, confusion, or disorientation. At extreme 

exposures, central ner.tous system effects may include respiratory depression, tremors or 

convulsions, Joss of consciousness, coma or death. 

DELAYED OR OTHER HEALTH EFFECTS: 

Cancer: May cause cancer In laboratory animals, but the available information is inadequate 

to determine if this material can cause cancer in humans. None of the components in this 

material are listed as carcinogens by IARC, NTP, ACG!H or OSHA, 

Target Organs: Repeated skin contact with this material may cause damage to the 

following organ(s) based on animal data: Kidney, See Section 11 for additional information. 

Risk depends on duration and level of exposure. 

j Section 4. First Aid Measures 

Eye: Flush eyes with water immediately while holding the eyelids open. Remove contact 

lenses, if worn, after initial flushing, and continue flushing for at least lS minutes. Get 

medical attention if irritation persists. If heated material should splash into eyes, flush eyes 

immediately with fresh water for 15 minutes while holding the eyelids open. Remove 

contact lenses, if worn. Get immediate medical attention. 

Skin: Wash skin with water immediately and remove contaminated clothing and shoes. Get 

medical attention if any symptoms develop. To remove the material from skin, apply a 

waterless hand cleaner, mineral oil, or petroleum jelly. Then wash with soap and water. 

Discard contaminated clothing and shoes or thoroughly clean before reuse. lf the hot 

material gets on skin, quickly cool in water. See a doctor for extensive burns. Do not try to 

peel the solidified material from the skin, or use solvents or thinners to dissolve it. The use 

of vegetable oil or mineral oil is recommended for removal of this material from the skin. 

lngestion: If swallowed, get medical attention. Do not induce vomiting. Never give 

onything by mouth to an unconscious pe1son. 

!XL Premium Gas Treatment 2 of 10 Continued on 

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PAGE 10/18 
05/02/2015 11:45 4252271007 ANM7 PAGE 11/18 

First Discover Request-Exhibit 1.-Pa e 3 of 10 

Inhalation: Move the exposed person to fresh air. If not breathing, give artificial 

respiration. If breathing is difficult, give oxygen. Get medical attention if breathing 

difficulties continue. 

I Section 5. Fire Fighting Measures 

FIRE ClASSIFICATION: OSHA Classification (29 CFR 1910.1;100): Combustible liquid. 

FlAMMABLE PROPERTIES: 

Flashpoint: (Pensky-Martens Closed Cup) 116°F 

Autoignition: No Data Available 

Flammability (Explosive) Limits(% by volume il'1 air): 

Lower: No data available Upper: No data available 

EXTINGUISHING MEDIA: Use water fog, foam, dry chemical or carbon dioxide (C02) to 

extinguish flames. 

PROTECTION OF FIRE FIGHTERS: 

Fire Fighting Instructions: For fires involving this material, do not enter any enclosed or 

confined fire space without proper protective equipment, including self-contained breathing 

apparatus, 

Combustion Products: Highly dependent on combustion conditions. A complex mixture 

of airborne solids, liquids, and gases Including carbon monoxide, carbon dioxide, and 

unidentified organic compounds will be evolved when this material undergoes combustion. 

Combustion may form oxides of: Nitrogen, 

I Section 6. Accidental Release Measures 

Protective Measures: Eliminate all sources of Ignition in the vicinity of the spill or released 

vapor, lf this material is released into the work area, evacuate the area immediately. 

Monitor area with combustible gas indicator. 

Spill Management: Stop the source of the release if you can do it without risk. Contain 

release to prevent further contamin·ation of soil, surface water or groundwater. Clean up 

spill as soon as possible, observing precautions in Expos~re Controls/Personal Protection. 

Use appropriate techniques such as applying non-combustible absorbent moterials or 

pumping. All equipment used when handling the product must be grounded. A vapor 

suppressing loom may be used to reduce vapors. Use clean non-sparking tools to collect 

absorbed material. Where feasible and appropriate, remove contaminated soil. Place 

contaminated materials in disposable containers and dispose of in a manner consistent with 

applicable regulations. 

Reporting: Report spills to local authorities and/or the u.s. Coast Guard's National 

Response Center at (800) 424-8802 as appropriate or required. 

I Section 7. Handling and Storage 

IXl Premium Gas Treatment 3 of 10 Continued on 

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05/02/2015 11:45 4252271007 ANM7 

First Discove 

Precautionary Measures: Do not taste or swallow, Do not breathe vapor or fumes from 

heated material. Liquid evaporates and forms vapor (fumes) which can catch fire and burn 

with explosive force. Invisible vapor spreads easily and can be set on fire by many sources 

such as pilot lights, welding equipment, and electrical motors and switches. Fire hazard is 

greater as liquid temperature rises above 85F. Do not get In eyes, on skin, or on 

clothing. Wash thoroughly after handling. Do not breathe vapor or fumes. 

General Handling Information: Avoid contaminating soil or releasing this material into 

sewage and drainage systems Md bodies of water. 

Static Hazard: Electrostatic charge may accumulate and create a hazardous condition when 

handling this material. To minimize this hazard, bonding and grounding may be necessary 

but may not, by themselves, be sufficient. Review all operations which have the potential of 

generating an accumulation of electrostatic charge and/or a flammable atmosphere 

(Including tank and container filling, splash filling, tank cleaning, sampling, gauging, switch 

loading, filtering, mixing, agitation, and vacuum truck operations) and use appropriate 

mitigating procedures. For more information, refer to OSHA Standard 29 CFR 1910.106, 

'Flammable and Combustible Liquids', National Fire Protection Association (NFPA 77, 

'Recommended Practice on Static Electricity', and/or the American Petroleum Institute (API) 

Recommended Practice 2003, 'Protection Against Ignitions Arising Out of Static, Lightning, 

and Stray Currents', 

General Storage Information: DO NOT USE OR STORE near heat, sparks or open 

flames. USE AND STORE ONLY IN WELL VENTILATED AREA. Keep contoiner closed when 

not in use. 

Container Warnings: Container Is not designed to contain pressure. Do not use pressure 

to empty container or it may rupture wit~ explosive force, Empty containers retain product 

residue (solid, liquid, and/or vapor) and can be dangerous. Do not pressurize, cut, weld, 

braze, solder, drill, grind, or expose such containers to heat, flame, sparks, static electricity, 

or other sources of Ignition. They may explode and cause Injury or death. Empty 

containers should be completely drained, properly closed, and promptly retumed to a drum 

reconditioner or disposed of properly. 

I Section B. Exposure Controls/Personal Protection 

General Considerations; 

Consider the potential hazards of this material (see Section 3), applicable exposure limits, 

job activities, and other substances in the work place when designing engineering controls 

and selecting personal protective equipment. If engineering controls or work practices are 

not adequate to prevent exposure to hormful levels of this material, the personal protective 

equipment listed below is recommended. The user should read and understand all 

instructions and limitations supplied with the equipment since protection is usually provided 

for a limited time or under certain circumstances. 

Engineering Controls: 

Use process enclosures, local exhaust ventilation, or other engineering controls to control 

airborne levels below the recommended exposure limits. 

IXL Premium Gas Treatment 4 of 10 Continued on 

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PAGE 12/18 
05/02/2015 11:45 4252271007 ANM7 PAGE 13/18 

First Discover Request-Exhibit 1;-Pa e 5 of 10 

PERSONAL PROTECTIVE EQUIPMENT 

Eye/Face Protection: Where splasl1ing is possible or if this material is heated, wear 

chemicol goggles or safety glasses o~" face shield, 

Skin Protection: Weor protective clothing to prevent skin contact. Selection of protective 

clothing may include gloves, ap~on, boots, and complete facial protection depending on 

ope~ations conducted. Suggested materials for protective gloves include: Nitrile Rubber, 

Silver Shield, Viton. Jfthls material is heated, wear insulated clothing to prevent skin 

contact If engineering controls or work practices are not adequate to prevent skin contact. 

Respiratory Protection: Determine if airborne concentrations are below the recommended 

exposure limits. If not, wear an approved respirator that provides <~dequate protection from 

measured concentrations ofthis material, such as: Air-Purifying Respirator for Organic 

Vapors. 

Use a positive pressure air-supplying respirator in circumstances where air-purifying 

respirators may not provide odequate protection. 

Occupational Exposure Limits: 

Component Aqenr:v TWA STEL CeilinQ Notation 

Diethanolamine ACGIH 2 mo/m3 ·- "" Skin 

1,2,4· Trim ethyl benzene ACGIH_TLV 25 ppm 

Xylene ACGIH TLV lOO pm 150 oom 

)\l!Iene OSHA PEL 100 oom 150 oom 

I Section 9. Physical and Chemical Properties 

Appearance/Odor Sliohtlv Cloudv Amber Liauid with Petroleum Odor 

Vapor Pressure No data available, 

Density 7.62 lb/aallon 

Specific Gravity .916 

Viscositv@40"C 9.55 eSt 

Viscosity@100°C 2.52 eSt 

Flash point 116"F (Penskv-Martens Closed Cuol 

I Section 10. Stability and Reactivity 

Chemical St,.bility: This material is considered stable under normal ambient and 

anticipated storage and handling conditions of temperature and pressu~e. 

Conditions to Avoid: Open flames, sparks, temperatures above the moteriol flash point. 

Incompatibility With Other Materials: May react with strong oxidizing agents, such as 

chlorates, nitrates, peroxides, etc. 

Hazardous Polymerization: Hazardous polymerization will not occur. 

I Section 11. Toxicological Information 

IMMEDIATE HEALTH EFFECTS 

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05/02/2015 11:45 4252271007 ANM7 PAGE 14/18 

First Discovery Request-Exhibit 1-Pa e 6 of .10 

Eye lrritation: The eye Irritation hazard Is bas"d on "valuation of data for similar 

moterials or product components. 

Skin Irritation: The skin irritation hazard is based on evaluation of data for similar 

materials or product components. 

Skin Sensitization: The skin sensitization hazard Is based on evaluation of data for similar 

materials or product components. 

Acute Dermal Toxicity: The acute dermal toxicity hazard is based on evaluation of data 

for similar materials or product components. 

Acute Oral Toxicity: The acute oral toxicity hazard is based on evaluation of data for 

similar materials or product components. 

Acute Inhalation Toxicity: The acute inhalation toxicity hazard Is basect on evaluation of 

data for similar materials or product components. 

ADDITIONAL TOXICOLOGY INFORMATION: 

This product contains alkanolamine fatty acid ester. 

SUBCHRONIC STUDIES: Rats and mice of both sexes were treated with this chemical In 

ethanol by dermal application at concentrations of 0 - 400 (rat) or 0 - 800 (mouse) mg/kg, 

5 times a week for 14 weeks. Survival was not affected by treatment. Histopathologic 

lesions at the site of application including chronic active inflammation and ulcer were seen 

in rats at doses above 100 mg/kg and in mice at 800 mg/kg. In rats, decreased circulating 

cholesterol was seen at 100 mg/kg in females ond ZOO mg/kg in males. Triglycerides were 

decreased in males at 200 mg/kg. Also in female rats, renal tubule regeneration was 

significantly increased at all doses. The severity of effect increased with dose. 

CHRONIC STUDIES: In National Toxicology Program (NTP) studies, rats and mice of both 

sexes received dermal applications of 0, 50, or 100 mg (rats) or 0, l,OO, or 200 mg/kg 

(mice) of this chemical condensate containing about 18% unreacted dlethanolamine (DEA) 

In ethanol five times a week for 104 weeks. NTP concluded there was no evidence in male 

rats and equivocal evidence of carcinogenicity in female rats bssed on " marginal increase in 

renal tubule neoplasms. NTP also concluded there was clear evidence of carcinogenicity In 

male mice based on increased hepatic and renal tubule neoplasms and in female mice based 

on increased hepatic neoplasms. 

In a separote 2 yeor bioossay, DEA was shown to be carcinogenic to mice but not to rats. 

Findings were simllor to those reported for this chemical. This suggests the carcinogenicity 

of this chemical is due to D~A. Mechanisms of DEA carcinogenicity are under investigation. 

DEA is not genotoxic but appears to Interfere with normal phospholipid metabolism. Current 

hypotheses suggest the carcinogenicity of DEA is tied to this interference. Because 

phospholipid metabolism varies widely between species, the relevonce of these findings to 

humans is not known. 

COMPONENT: Light Aromatic Solvent Naphtha (CAS 64742-95-6, olso described as HighFlash Aromatic Naphtha, Type 1 as defined by ASTM D-3734). GENETIC TOXICITY; No 

evidence of genetic toxicity was observed in the following tests: Salmonella typhimurlum 

reverse mutation assay (Ames test), in vitro Chinese Hamster Ovary (CHO) eel! HGPRT 

mutation assay, in vitro Chinese Hamster Ovary(CHO) eel! chromosomal aberration assay, in 

vitro Chinese Hamster Ovary (CHO) cell sister chromatid exchange assay, and in vivo rat 

bone marrow chromosome aberration assay. SUBCHRONIC TOXICITY: In a 13-week rat 

inhalation study using dose levels of a, 100, 500, and 1500 ppm for 6 hours/day, 

5days/week, no target organ toxicity including neurotoxicity w<;~s observed at any dose 

level. Slight general systemic toxicity (decreased body weight gain) was observed at 1500 

ppm. DEVELOPMENTAL TOXICITY: In a mouse inhalation study using dose levels of 0, 100, 

SOD, and 1500 ppm for 6 hours/day on gestation days 6·15, no signs of maternal toxicity or 

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05/02/2015 11:45 4252271007 ANM7 

First Discove 

developmental toxicity were observed at 100 ppm. At 500 ppm, maternal toxicity 

(decreased body weight gain) and developmental toxicity (dec:re<lsed fetalbody weight) were 

observed. Severe maternal toxicity (44% mortality, decreased body weight gain, clinical 

signs of toxicity) and developmental toxicity (decreased number of live fetuses per litter, 

increased postimplantation losses per dam, decreased fetal body weights, delayed 

ossification, cleft palate) were observed at 1500 ppm. In a rat inhalation study using dose 

levels of 600, 1000, and 2000 rng/m3 for 24 hours/day on gestation days 7·15, signs of 

maternal toxicity (d.,creased body weight gain) were observed at 0111 dose levels. At 600 

mg(m3, no signs of fetal or developmental toxicity were observed. Signs of fetal toxicity 

(decreased male fetal body weight) and developmental toxicity (delayed ossification) were 

observed at 1000and ;woo mg(m3. REPRODUCTIVE TOXICITY: !n a rat 3·generation 

inholation study using dose levels of 0, 100, 500, and 1500 ppm 6 hours/day, 5 days;week, 

no signs of general systemic or reproductive toxicity were ooserved at 100 ppm. At 500 

ppm, slight parental toxicity (decreased body weight gain) and postnatal toxicity (decreased 

pup body weight) were observed, but reproductive parameters were not affected. Severe 

parental toxicity (mortality, decreased bodyweight gain, clinical signs of toxicity) and 

postnatal toxicity (decreased pup body weight) were observed at 1500 ppm, but 

reproductive parameters were not affected. 

This product contains xylene. 

ACUTE TOXICITY: The primary effects of exposure to xylene in animals and humans are on 

the central nervous system. In addition, in some Individuals, xylene exposure can sensitize 

cardiac tissue to epinephrine which may precipitate fatal ventricular fibrillation. 

DEVELOPMENTAL TOXIC!ll': Xylene has been reported to cause developmental toxicity in 

rats and mice exposed by inhalation during pregnancy. The effects noted consisted of 

delayed development and minor skeletal v~riations. In addition, when pregnant mice were 

exposed by ingestion to a level that killed nearly one-third of the test group, lethality 

(resorptions) and malformations (primarily cleft palate) occurred. Since xylene can cross 

the placenta, it may be appropriate to prevent exposure during pregnancy. GENETIC 

TOX!Cill'/CARClNOGENlClll': Xylene was not genotoxic in several mutagenicity testing 

assays including the Ames test. In a cancer study sponsored by the National Toxicology 

Program (NTP),technical grade xylene gave no evidence of carcinogenicity In rats or mice 

dosed daily for two years. HEARING: Mixed xylenes have been shown to cause measurable 

hearing loss in rats exposed to soo ppm in the air for 14 hours per day for six weeks. 

Exposure to 1450 ppm xylene for 8 hours caused hearing loss while exposure to 1700 ppm 

for 4 hours did not. Although no information is available for lower concentrations, other 

chemicals that cause hearing loss in rats at relatively high concentrations do not cause 

hearing loss in rats at low concentrations. Worker exposure to xylenes at the permissible 

exposure limit (100 ppm, time-weighted average) is not expected to cause hearing loss. 

I Section 12. Ecological Information 

ECOTOXICITY 

This material is expected to be toxic to aquatic organisms. The ecotoxicity hazard is based 

on an evaluation of data for the components or a similar material. 

ENVIRONMENTAL FATE 

Ready Biodegradability: 

This material Is not expected to be readily biodegradable, The biodegradability of this 

material is based on an evaluation of data for the components or a similar material. 

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PAGE 15/18 
05/02/2015 11:45 4252271007 PAGE 15/18 

F 1rst o· 1scovery R equest1 X h'b' I It :L - p age 8 0 f 10 

I 

I Section 13. Disposal Considerations I I 

Use material for Its Intended purpose or recycle If possrdre. This material, if it must be 

discarded, may meet the criteria of a hazardous waste~ defined by US EPA under RCRA 

(40 CFR 261) or other State and local regulations. Mea urement of certain physical 

properties and analysis for regulated components may ~e necessary to make a correct 

determination. If this material is classified as a l1azard1us waste, federal law requires 

disposal at a licensed hazardous waste disposal facility. 

I Section 14. Transportation Information I 

Tho "'"'" "' "" oh- m" oo< o t to "' "'I ool" o situations. Consult 49CFR, or app opriate Dangerous Goods 

Regulations, for additional descrip ion requirements (e.g., technical 

name) and mode-specific or quant ty-specific shipping requirements. 

DOT Shipping Name: PE:TROU::U PRODUCTS, N.D.S. 

DOT Ha:o:ard Class: 3 (Combustlb e Liquid) 

DOT Identification Number: UN 268 

DOT Packing Group: til 

IMO/IMDG Shipping Name: PE1~0LEUM PRODUCTS, N.D.S. 

IMO/IMDG Hazard Class: 3 (Co~ bustlble liquid) 

IMO/IMDG Identification Num er: UN12.68 

IMO/IMDG Packing Group: !II 

I Section .15. Regulatory Information I 

EPCRA 3:1.1/312 CATEGORIES: 1. Immediate (Ac1te) Health Effects: YES 

2. Delayed (Cllro~c) Health Effects: YES 

3. Fire Hazard: NO 

4. Sudden Releas of Pressure Hazard: NO 

5. Reactivity Haz rd: NO 

REGULATORY LISTS SEARCHED: 

01·1~IARC Group 1 03~EPCRA 313 

01·2A~IARC Group 2A 04~CA Proposition 65 

01·2B~lARC Group 28 D5=MA RTK 

02=NTP Carcinogen 06=NJ RTK 

06=0SHA Carcinogen 19=DOT Marine Polluta t 

09=TSCA 12(b) 20=PA RTK 

The following components of this material are found on he regulatory lists Indicated. 

I 

1,2,4-trimethylbenzene 15, 17, 18, 20 I 

Xylene 15, 17, 18, 20 

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I 

First Discovery RequestlExhibit 1-Page 9 of 10 

Dlethanolamine 03,05, 06,07 

CERCLA REPORTABLE QUANTITIES(RQ)/EPCRA 3C 2 THRESHOLD PLANNING 

OUANTITIES(TPO): 

Component Component Cpmponent TPQ Product RQ 

RO 

Diethanolamine 100 lbs None 3333 lbs 

Xylene 100 lbs N<hne 8338 lbs 

CHEMICAL INVENTORIES: 

AUSTRALIA: All the components of this material are listed on the Australian Inventory 

of Chemical Substances (AICS). 

CANADA: All the components of this material are on the Canadian DSL or have been 

notified under the New Substance Notification Regul ?tions, but have not yet been 

published in the Canadian Gazette. ~ PEOPLE'S REPUBLIC OF CHINA: All the com pone ts of this product are listed on the 

draft Inventory of Existing Chemical Substances in C ina. 

EUROPEAN UNION: All the components of this mat rial are in compliance with the EU 

Seventh Amendment Directive 92/32/EEC. i 

JAPAN: All the components of this product are on th~ Existing & New Chemical 

Substances (ENCS) inventory in Japan, or have an lxemption from listing. 

KOREA: All the components of this product are on t e Existing Chemicals List (ECL) in 

Korea. 

PHILIPPINES: All the components of this product ar listed on the Philippine Inventory 

of Chemicals and Chemical Substances (P!CCS). i 

SWITZERLAND: This material contains component that require notification before 

sale or importation into Switzerland. 

UNITED STATES: All of the components of this mat rial are on the Toxic Substances 

Control Act (TSCA) Chemical Inventory. 

EU RISK AND SAFETY PHRASES: 

R10: Flammable. 

R37 /38: Irritating to respiratory system and skin. 

R51/53: Toxic to aquatic organisms, may cause ion -term adverse effects in the 

aquatic environment. I 

R67: Inhalation of vapor may cause vertigo and dro-lvsiness. 

S23: Do not breathe vapor. 

824: Avoid contact with skin. 

836/37: Wear suitable protective clothing and glove~. 

851: Use only in well-ventilated areas. 

856: Dispose of this material and its container at he zardous or special waste collection 

point. 

857: Use appropriate container to avoid environmefrtal contamination. 

860: This material and its container must be dispos d of as hazardous waste. 

S61: Avoid release to the environment. Refer to ins,ructions/Safety data sheets. 

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I 

1rst Discovery R equest le xhibit 1:--Page 10 0 f 10 

WHMIS CLASSIFICATION: 

Class B, Division 3: Combustible Liquids 

Class D, Division 2, Subdivision B: Toxic MaterialSkin or Eye Irritation 

I Section .t6. Other Information 

MSDS preparation date: 8/16/12 I 

ABBREVIATIONS TI-IAT MAY HAVE BEEN USED IN TI-llS DOCUMENT: 

TLV - Threshold Limit Value TWA - Time WeiJJhted Average 

STEL - Short-term Exoosure Limit PEL - Permissible Exposure limit 

CAS - Chemicel Abstract Service Number 

ACGlH - American Conference of lMO/IMD~ - lnternetional Maritime 

Government Industrial Hvoienists Danoerou~ Goods Code 

API - American Petroleum Institute MSDS f Material Safety Data Sheet 

cvx - ChevronTexeco NFPA ~ - National Fire Protection 

Associatio !USA) 

DOT - Department of Transportation NTP - National Toxicology Program (USA) 

I (USA) 

!ARC - Internati one I Agency for OSHA J Occupational Safety and Health 

Research on Cancer Administr tlon 

TLV - Threshold Limit Value TWA - Time Weiqhted Averaqe 

STEL - Short-term Exposure Limit PEL - Permissible Exposure Limit 

CAS - Chemical Abstract Service Number 

NDA - No Data Available NA - Not Applicable 

<~ - Less Than or Equel To >; - Greater Than or Equal To 

MfdContinent11l Qlf,Jmfcal Disclaimer:. l 

NOTE: The information on this MSDS is oased on data hich Is considered to be accurate. 

MidContinental Chemical Company, however, makes nd guarantees or warranty, either 

expressed or Implied of the accuracy or completenesslthls information. 

The conditions or methods of handling, storage, use an disposal of the products are beyond 

our control and may be beyond our knowledge. For thi and other reasons, we do not assume 

responsibility and expressly disclaim liability for loss, dflmage or expense arising out of or in 

any way connected with the handling, storage, use or Jisposal of this product. 

This MSDS was prepared and Is to be used for this pro uct. If the product Is used as a 

component in another product, this MSDS information nay not oe applicable. 

I !XL Premium Ga; Treatment 1C of 10 End of MSDS I 
05/02/2015 11:45 4252271007 ANM7 

FACSIMILE MESSAGE 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND AVENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/18 

The information contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use of the individual named on this cover sheet. 

If the reader of this message is not the intended recipient, you are hercby notified that any 

usc, dissemination, distribution, or copy of this facsimile is strictly prohibited. l:f you 

have received this facsimile in error, please immediately notify us by telephone at 

425-227-2007. 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

RE: 

.June 2, 2015 

Docket Clerk AGC-430 

202-267-1293 

IXL Premium 

LubricantsDMS No. FAA-2015-

0634 

FAA Case No. 

2014NM720059 

NO. PAGES: 

FROM: 

FAX NO.: 

PHONE NO.: 

EMAIL: 

Complainant's Initial Discovery Request. 

18 including cover 

Jeffrey M. Harper 

425-227-1007 

425-227-2161 

JEFFREY.HARPER@FAA.GOV