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

WASHINGTON, D.C.

) ) } ) ) ) FAA Docket No. FAA-2011-1005 Judge J.E. Sullivan

RESPONDENT'S ANSWER TO INITIAL DISCOVERY II r IL 

## D(21 rot;•JlJL -----"--""""

As directed byJudge 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 ofthis section. Part 175.10(4) ofthis section allows for up to 5 liters offlammable material. Our shipment consisted oftwo 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 underthe "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 ofexperience. Mr. Foster is expected to testify as to the proper packaging and content ofthe 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 willtestify as to the flammability ofthe 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 ofcertain hazardous materials incidents. 

### (a) General. As soon as practical butno later than 12 hours after the occurrence ofany incident described in paragraph (b) ofthis section, each person inphysical possession ofthe hazardous material mustprovide 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 thefollowing information: (1) Name ofreporter; (2) Name and address ofperson represented byreporter; (3) Phone number where reporter can be contacted; (4) Date, time, and location ofincident; (5) The extent ofinjury, ifany;

... {6).Class

### .or division, proper**shipping4lamef·an~hiuantity** 

### ofhazardous mateJ:ials**invt>lvett~·ifsu~lr- ··"-,.~.._** 

### ........**-~.~w**



### information is available; and (7) Type ofincident and**n~ture** 

### ofhazardous material involvement and whether a continuing danger to life exists at the scene. (b) Reportable incident. A telephone report is required whenever any ofthe following occurs duringthe course oftransportation in commerce (including loading, unloading, and temporary storage): ( 1) As a direct result ofa hazardous material- (i) A person is killed; (ii) A person receives an injury requiring admittance to a hospital;

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### (iii) The general public is evacuated for one hour ormore; (iv) A major transportation artery orfacility is closed or shut down for one hour ormore; or (v) The operational flight pattern orroutine ofan aircraft is altered; (2) Fire, breakage, spillage, or suspected radioactive contamination occurs involving a radioactive material (see also 

### §176.48 ofthis subchapter); 

### (3) Fire, breakage, spillage, or suspected contamination occurs involving an infectious substance otherthan a regulated medical waste; (4) A release ofa marine pollutant occurs in a quantityexceeding 450 L (119 gallons) for a liquid or400 kg (882 pounds) for a solid; 

### d{5) 

### A situation exists ofsuch a nature ( 

### e.g; , 

## a"Continuing**dan:gerte4ife~~istS'1it'the** 

### scene 

## of'the>.inciden'}**,,~,** 

### ..**'"""~~"'**



### that, in thejudgment ofthe person inpossession ofthe hazardous material, it should bereported tothe 

### NRC eventhough it does notmeetthe criteria ofparagraphs (b)(l), 

### (2), (3) or 

### (4) ofthis section; or (6) During transportation by aircraft, a ftre, violent rupture, explosion or dangerous evolution ofheat 

### (i.e., an amount ofheat sufficient to be dangerous to packaging orpersonal safety to include charring of packaging, melting ofpackaging, scorching ofpackaging, or other evidence) occurs as 

## a direct result ofa battery or battery-powered device. (c) 

### Written report; Eachperson making a report underthis section must also make the report required by 

### §171.16 ofthis subpart.
Note to §171.15: Under 40 CFR 302.6, EPA requires persons in charge offacilities (including transport vehicles, vessels, and aircraft) to report anyrelease ofahazardous substance ina quantity equal to or greaterthan its reportable quantity, as soon as that personhas knowledge ofthe release, to DOT'sNational Response Center at (toll free) SQ0:-424-8802 or (toll)202-267:...2675. 

### [68 FR67759, Dec. 3, 2003, as amended at 72 FR55684, Oct. 1, 2007; 74 FR2233, Jan. 14, 2009; 74FR 53186, Oct. 16, 2009; 76 FR43525, 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 incidentreports. 

### (a) General. Each person in physical possession ofa hazardous material atthe timethat any ofthe following incidents occurs during transportation (including loading, unloading, and temporary storage) must submit a Hazardous Materials IncidentReport on DOTFonn F 5800.1 (01/2004) 

### within 30 

### days ofdiscovery ofthe incident: ( 1) Any ofthe circumstances set forth in 

### §171.15(b ); (2) An unintentional release ofa hazardous material or the discharge ofany quantity ofhazardous waste; (3) A specification cargo tankwith 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 protectthe lading retention system, even ifthere is norelease ofhazardous material; (4) An 

### undeclared hazardous material is discovered; or (5) A fire, violent**ruptut:e,~lt>sion'** 

### or dangerous evolution ofheat ( i.e. , an amount ofheat sUfficientto be dangerous to packaging orpersonal safety to include charrip:g ofpackaging, nielting 

### of packaging,' · scorching ofpackaging, or other evidence) occurs as a direct result ofa battery orbattery-powered device. (b) Providingandretaining copies of the report. Each person reportingunderthis section must- (I) Submit a written Hazardous Materials Incident Report to the Infonnation Systems Manager, PHH-60, Pipeline and Hazardous Materials SafetyAdministration, Department ofTransportation, EastBuilding, 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 ofTransportation, Washington, DC 2059(};-()001 

### at http://hazmat.dot.gov; (2) For an incident involving transportation by aircraft, submit a written or electronic copy ofthe Hazardous

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### Materials Incident Report to the FAA SecurityField Office nearest the location ofthe incident; and (3) Retain a written or electronic copy ofthe Hazardous Materials Incident Report for a period oftwo years atthe reportingperson's principal place ofbusiness. Ifthe written or electronic Hazardous.Materials IncidentReport is maintained at other than the reporting person's principal place ofbusiness, the report must be made available at the reporting person's principal place ofbusiness within 24 hours ofa requestfor the report by an authorized representative or special agent ofthe Department ofTransportation. (c) Updating the incident report. A 

### Hazardous Materials Incident Report must beupdated within one year ofthe date ofoccurrence ofthe incident whenever: (1) A death results from injury caused by a hazardous material; (2) There was a misidentification ofthe hazardous material orpackage information on a prior incident report; (3) Damage, loss orrelated 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 ormore, or 10% ofthe priortotal estimate, whichever is greater. (d) Exceptions. 

### Unless a telephone report is required under the provisions of§171.15 ofthis part, the requirements ofparagraphs (a), (b), and (c) ofthis section do not apply to the following incidents: (1)A release ofa minimal amount ofmaterial from- (i) A 

### vent, for materials for which venting·is·authorized; (ii) The routine operation ofa seal, pump, compressor, or valve; or (iii) Connection or disconnection ofloading ot

### unloading lines, provided that the release does not resultin 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 orDivision 3, 4, 5, 6.1, 8, or 9; (ii) Each package has a capacityofless than 20 liters (5.2 gallons) for liquids or less than 30 kg(66.pounds) for solids; (iii) The total aggregate release islessthan20 liters (5.2 gallons) for liquids orless than 30 kg (66 pounds) for solids; and

http://ecfr.gpoaccess.gov/cgi/Vtextttext-iclx?coo:ecfr&sid=6397351t0e9934161342324efe9b7 4e2& rgn=div8&view=text& node:=49:2. 1.1.3.7.2.25.2&idno=49 7130112 9:37PM Page 2 of 3-;. 

### (iv) The material is not- (A) Offered for transportation ortransported by aircraft, 

### {B) A hazardous waste, or (C)·An undeclared hazardous material. (3) An undeclared hazardous material discovered in an airpassenger's checked or carry-on baggage during the airport screening process. (For discrepancy reporting by carriers, see §175.31 ofthis subchapter.) [68 FR 67759, Dec. 3, 2003; 69 FR 30119, May 26, 2004, 

## as amended at 70FR 56091, Sept. 23, 2005; 74 FR2233, Jan. 14, 2009; 76 FR 56311, Sept. 13, 2011] Browse Previous 

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I hereby certify that a copy ofthe 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 ofTransportation 1200 NewJersey Ave, 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 copy to:
U.S. Department ofTransportation 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 )