IN THE MATIER OF 

COASTAL AIR TRANSPORT, INC., 

Respondent 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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) 

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) 

) 

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FAA Docket No. FAA-2011-1005 

Judge J.E. Sullivan 

RESPONDENT'S ANSWER TO INITIAL DISCOVERY 

II r IL 

D(21 rot;•JlJL 

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As directed by Judge J. E. Sullivan at the teleconference on July 30, 2012, we are submitting 

excerpts from 14 CFR 175.10, 171.15, and 171.16. Coastal Air contends thatthe materials transported 

on it's aircraft were exempted by 175.10(a) from the requirements of this section. Part 175.10(4) of this 

section allows for up to 5 liters of flammable material. Our shipment consisted of two DOT approved 

containers, packaged in a DOT approved specification box, with a total volume of under 1.5 liters. Well 

below the threshold amount allowed by this Part. There was no leakage, damage or injury reported, 

thus no report was required per 171.15/171.16. This shipment falls under the "Small quantity, properly 

packaged" guidelines given to us December 30, 1999 by the San Juan FAA. 

The Respondent hereby submits it's Proposed Witness list as follows: 

1. Michael W. Foster 

President 

Coastal Air 

P.O. Box 3985 

Christiansted,VI 0082 

Mr. Foster is an ATP rated airline pilot with over 40 years of experience. Mr. Foster is 

expected to testify as to the proper packaging and content of the samples in question. He 

will also testify that they were properly presented for routine inspection at U.S. Customs in 

St Croix. 
2. leevon Bethel 

Captain Morgan Distillery 

St Croix, VI 00820 

Mr. Bethel has many years of experience in the oil refining industry working with flammable 

materials. Mr. Bethel will testify as to the flammability of the transported oil samples. 

Respondent also reserves the rightto supplement this listwith additional witnesses as they become 

identified and to call other witnesses for purposes of impeachment or rebuttal and to call any witnesses. 

listed on Complainant's witness list. 

Michael Foster 

President 

Coastal Air 
, ot avalanche control purthe following requirements 

Operations may not be conducted 

densely populated areas, in a conairway, or near any airport 

where carrier passenger operations are 

conducted. 

(ii) Each operator must prepare and 

keep current a manual containing 

operational guidelines and handling 

procedures, for the use and guidance of 

flight. maintenance, and ground personnel concerned in the dispensing or 

expending of hazardous materials. The 

manual must be approved by the FAA 

Principal Operations Inspector as-

, ,~si~nec.:i to the operator. 

(iii) No person other than a required 

flight crewmember, FAA inspector, or 

person necessary for handling or dispensing the hazardous material may be 

carried on the aircraft. 

Ovl The operator of the aircraft must 

have advance permission from the 

owner of any airport to be used for the 

dispensing or expending operation. 

(V) When Division 1.1, 1.2, and 1.3 materials (except detonators and detonator assemblies) and detonators or 

detonator assemblies are carried for 

avalanche control flights, the explosives must be handled by, and at all 

times be under the control of, a qualified blaster. When required by a State 

or local authority, the blaster must be 

licensed and the State or local authority must be identified in writing to the 

FAA Principal Operations Inspector assigned to the operator. 

[76 FR 3381. Jan. 19, 2011] 

§ 175.10 

(ii) Other aerosols in Div. 2.2 (nonflammable gas) with no subsidiary risk 

carried in checked baggage only. Release devices on aerosols must be protected by a cap or other suitable means 

to prevent inadvertent release; and 

(iii) The aggregate quantity of these 

hazardous materials carried by each 

person may not exceed 2 kg (70 ounces) 

by mass or 2 L (68 fluid ounces) by volume and the capacity of each container 

may not exceed 0.5 kg (18 ounces) by 

mass or 500 ml (17 fluid ounces) by volume. 

(2) One packet of safety matches or a 

lighter intended for use by an individual when carried on one's person or 

in_ only. Lighter fuel. 

lighter 

unabsorbed liquid fuel (other than liquefied gas) are not permitted on one's 

person or in carry-on or checked baggage. 

(3) Implanted medical devices in humans or animals that contain hazardous materials, such as a heart pacemaker containing Class 7 (radioactiVe) 

material or lithium batteries~ and 

radiopharmaceuticals that have been 

injected or ingested. 

(4) Alcoholic· beverages containing: 

(i) Not more than 24% alcohol by volume; or 

(ii) More than 24% and not more than 

70% alcohol by volume when in unopened retail packagings not exceeding 

5 liters (1.3 gallons) carried in carry-on 

or checked baggage. with a total net 

quantity per person of 5 liters (1.3) gallons for such beverages. 

(5) Perfumes and colognes purchased 

through duty-free sales and carried on 

§.175.10 Exc~p.tions fo_r . p~sseQ.~!"!',l., .... ~9J!_~P~~f>O"lLOr in c~_rry~on baggage. crewmembers, and a1r oper~tQrs. (6) Hair curlers (curlin~f-Trons)'-con::······-

<aJ This subchapter does not apply to taining a hydrocarbon gas such as bu-' 

the following hazardous materials tane, no more than one per person, in 

when carried by aircraft passengers or carry-on or checked baggage. The safecrewmembers provided the require- ty cover must be securely fitted over 

ments of §§171.15 and 171.16 (see para- the heating element. Gas refills for 

graph (c) of this section) and the re- such curlers are not permitted in 

quirements of this section are met: carry-on or checked baggage. 

UJ (i) Non-radioactive medicinal and (7) A small medical or clinical mertoilet articles for personal use (includ- cury thermometer for personal use, 

ing aerosols) carried in carry-on and when carried in a protective ease in 

checked baggage. Release devices on carry-on or checked baggage. 

aerosols must be protected by a cap or (8) Small arms ammunition for perother suitable means to prevent inad- sonal use carried by a crewmember or 

vertent release; passenger in checked. baggage only, if 

757 
., Hom13 Paae > Execytjve Brancb > Code gf Eed!;)ral R!;lQYiations > Electronjc Code of Federal Requl§!!ign§ 

e-CFR Data is current as of July 26, 2012 

Title 49: Transportation 

PART 171-GENERAL INFORMATION REGULATIONS. AND DEFINITIONS 

Subpart B-!ocident Reportjog. Notification. BOE Approyals and Authorization 

'Bff)Wse Next 

§ 171.15 Immediate notice of certain hazardous materials incidents. 

(a) General. As soon as practical but no later than 12 hours after the occurrence of any incident described in 

paragraph (b) of this section, each person in physical possession of the hazardous material must provide 

notice by telephone to the National Response Center (NRC) on 800=:424-8802 (toll free) or 202-667-2~75 

(toll call) or online at http://www.nrc.uscg.mil. Each notice must include the following information: 

(1) Name of reporter; 

(2) Name and address of person represented by reporter; 

(3) Phone number where reporter can be contacted; 

(4) Date, time, and location of incident; 

(5) The extent of injury, if any; 

... {6).Class .or division, proper shipping4lamef·an~hiuantity of hazardous mateJ:ials invt>lvett~·ifsu~lr- ··"-,.~.._ ........ -~.~w 

information is available; and 

(7) Type of incident and n~ture of hazardous material involvement and whether a continuing danger to life 

exists at the scene. 

(b) Reportable incident. A telephone report is required whenever any of the following occurs during the 

course of transportation in commerce (including loading, unloading, and temporary storage): 

( 1) As a direct result of a hazardous material-

(i) A person is killed; 

(ii) A person receives an injury requiring admittance to a hospital; 

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Page 1 of 3 
l (iii) The general public is evacuated for one hour or more; 

(iv) A major transportation artery or facility is closed or shut down for one hour or more; or 

(v) The operational flight pattern or routine of an aircraft is altered; 

(2) Fire, breakage, spillage, or suspected radioactive contamination occurs involving a radioactive material 

(see also § 176.48 of this subchapter); 

(3) Fire, breakage, spillage, or suspected contamination occurs involving an infectious substance other than 

a regulated medical waste; 

( 4) A release of a marine pollutant occurs in a quantity exceeding 450 L (119 gallons) for a liquid or 400 kg 

(882 pounds) for a solid; 

d{5) A situation exists of such a nature ( e.g; , a "Continuing dan:gerte4ife~~istS'1it'the scene of' the>.inciden'} ,,~, .. '"""~~"' 

that, in the judgment of the person in possession of the hazardous material, it should be reported to the NRC 

even though it does not meet the criteria of paragraphs (b)(l), (2), (3) or (4) of this section; or 

(6) During transportation by aircraft, a ftre, violent rupture, explosion or dangerous evolution ofheat (i.e., 

an amount of heat sufficient to be dangerous to packaging or personal safety to include charring of 

packaging, melting of packaging, scorching of packaging, or other evidence) occurs as a direct result of a 

battery or battery-powered device. 

(c) Written report; Each person making a report under this section must also make the report required by 

§ 171.16 of this subpart. 

Note to § 171.15: Under 40 CFR 302.6, EPA requires persons in charge of facilities (including transport vehicles, vessels, and 

aircraft) to report any release of a hazardous substance in a quantity equal to or greater than its reportable quantity, as soon as that 

person has knowledge of the release, to DOT's National Response Center at (toll free) SQ0:-424-8802 or (toll) 202-267:...2675. 

[68 FR 67759, Dec. 3, 2003, as amended at 72 FR 55684, Oct. 1, 2007; 74 FR 2233, Jan. 14, 2009; 74 FR 

53186, Oct. 16, 2009; 76 FR 43525, July 20, 2011] 

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e-CFR Data is current as of July 26, 2012 

Title 49: Transportation 

PART 171-GENERAL INFORMATION. REGUL8TIONS. AND DEFINITIONS 

Subpart B-lncident Reporting. Notification. BQE Appro\(als and 8yt!Jodzatjon 

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§ 171.16 Detailed hazardous materials incident reports. 

(a) General. Each person in physical possession of a hazardous material at the time that any of the following 

incidents occurs during transportation (including loading, unloading, and temporary storage) must submit a 

Hazardous Materials Incident Report on DOT Fonn F 5800.1 (01/2004) within 30 days of discovery of the 

incident: 

( 1) Any of the circumstances set forth in § 171.15(b ); 

(2) An unintentional release of a hazardous material or the discharge of any quantity of hazardous waste; 

(3) A specification cargo tank with a capacity of 1,000 gallons or greater containing any hazardous material 

suffers structural damage to the lading retention system or damage that requires repair to a syStem intended 

to protect the lading retention system, even if there is no release of hazardous material; 

(4) An undeclared hazardous material is discovered; or 

( 5) A fire, violent ruptut:e,~lt>sion' or dangerous evolution of heat ( i.e. , an amount of heat sUfficientto be 

dangerous to packaging or personal safety to include charrip:g of packaging, nielting of packaging,' · 

scorching of packaging, or other evidence) occurs as a direct result of a battery or battery-powered device. 

(b) Providing and retaining copies of the report. Each person reporting under this section must-

(I) Submit a written Hazardous Materials Incident Report to the Infonnation Systems Manager, PHH-60, 

Pipeline and Hazardous Materials Safety Administration, Department of Transportation, East Building, 

1200 New Jersey Ave., SE., Washington, DC 20590-0001, or an electronic Hazardous Material Incident 

Report to the Infonnation System Manager, PHH-60, Pipeline and Hazardous Materials Safety 

Administration, Department of Transportation, Washington, DC 2059(};-()001 at http://hazmat.dot.gov; 

(2) For an incident involving transportation by aircraft, submit a written or electronic copy of the Hazardous 

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i' Materials Incident Report to the FAA Security Field Office nearest the location of the incident; and 

(3) Retain a written or electronic copy of the Hazardous Materials Incident Report for a period oftwo years 

at the reporting person's principal place of business. If the written or electronic Hazardous. Materials 

Incident Report is maintained at other than the reporting person's principal place of business, the report must 

be made available at the reporting person's principal place of business within 24 hours of a request for the 

report by an authorized representative or special agent of the Department of Transportation. 

(c) Updating the incident report. A Hazardous Materials Incident Report must be updated within one year 

of the date of occurrence of the incident whenever: 

( 1) A death results from injury caused by a hazardous material; 

(2) There was a misidentification of the hazardous material or package information on a prior incident 

report; 

(3) Damage, loss or related cost that was not known when the initial incident report was filed becomes 

known; or 

(4) Damage, loss, or related cost changes by $25,000 or more, or 10% of the prior total estimate, whichever 

is greater. 

(d) Exceptions. Unless a telephone report is required under the provisions of§ 171.15 of this part, the 

requirements of paragraphs (a), (b), and (c) of this section do not apply to the following incidents: 

(1) A release of a minimal amount of material from-

(i) A vent, for materials for which venting·is·authorized; 

(ii) The routine operation of a seal, pump, compressor, or valve; or 

(iii) Connection or disconnection of loading ot unloading lines, provided that the release does not result in 

property damage. 

(2) An unintentional release.o(he~~dous material when: 

(i) The material is properly classed as-

(A) ORM-D; or 

(B) a Packing Group III material in Class or Division 3, 4, 5, 6.1, 8, or 9; 

(ii) Each package has a capacity of less than 20 liters (5.2 gallons) for liquids or less than 30 kg(66.pounds) 

for solids; 

(iii) The total aggregate release is less than 20 liters (5.2 gallons) for liquids or less than 30 kg (66 pounds) 

for solids; and 

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-;. (iv) The material is not-

(A) Offered for transportation or transported by aircraft, 

{B) A hazardous waste, or 

(C)·An undeclared hazardous material. 

(3) An undeclared hazardous material discovered in an air passenger's checked or carry-on baggage during 

the airport screening process. (For discrepancy reporting by carriers, see §175.31 of this subchapter.) 

[68 FR 67759, Dec. 3, 2003; 69 FR 30119, May 26, 2004, as amended at 70 FR 56091, Sept. 23, 2005; 74 

FR 2233, Jan. 14, 2009; 76 FR 56311, Sept. 13, 2011] 

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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 ,~,er~ey Ave, S.E. 

Washington, D.C. 20590 

Respondent 

t z Zf)/1- Dated: J4'(5vJ )