U.S. DEPARTMENT OF TRANSPORTATION G ?}«i 

FEDERAL AVIATION ADMINISTRATION. 

OFFICE OF HEARINGS ' f5 T 

WASHINGTON, D.C. 

In the Matter of Cenogenics Corporation .-> - ,< 

FAA Docket No. CPl0EA0007 "' T'^SS 

(Civil Penalty Action) UJ 

0 

FDMS No. FAA-2010-0786 ~'d>CD 

'•-. > -

The Honorable Ronnie A. Yoder tsj 

COMPLAINANT'S FIRST SET OF INTERROGATORIES 

REOUEST FOR PRODUCTION OF DOCUMENTS AND 

REOUEST FOR ADMISSIONS 

Pursuant to 14 C.F.R. 13.220 and Rules 33 and 34 of the Federal Rules of Civil 

Procedure, Complainant requests that the Respondent provide the following discovery 

within thirty (30) days. 

It is requested that the Respondent answer the following interrogatories and produce 

the documents hereinafter described. This request shall be deemed to be continuing to the 

extent permitted by Rule 26(e) of the Federal Rules of Civil Procedure so as to require you 

to file supplemental responses. This request is intended to cover all documents in the 

Respondent's possession or subject to Respondent's custody and control and includes 

documents in the possession of each individual who acts, or has acted at relevant times, as 

an employee, agent or representative of Respondent. 
DEFINITIONS 

A. When knowledge or information in possession of a party is requested, such request 

includes knowledge of the party's agents, representatives and, unless privileged, the 

party's attorneys. 

B. The pronoun "you" and "yours" refers to the party to whom these interrogatories are 

addressed. 

C. Unless otherwise indicated, these interrogatories refer to the time, place and 

circiunstances of the occurrences mentioned or complained of in the pleadings. 

D. When used with respect to an individual, corporate, business or governmental 

entity, "identify" means state the name and present business or residence addresses 

of the individuals or entities and the employer, govenunental or business affiliation 

and position of the individual. 

E. The terms "document" and "statement" mean without limitation, the following 

items, whether printed or recorded or reproduced by any other mechanical process 

or written or produced by hand: agreements, communications, correspondence, 

telegrams, memoranda, summaries or records of telephone conversations, 

summaries or records of personal conversations or interviews, diaries, reports, 

notebooks, note charts, plans, drawings, sketches, maps, summaries or reports of 

investigations, opinions or reports of consultants, photographs, motion picture 

films, tape recordings, computerized data, brochures, pamphlets, advertisements, 

circulars, press releases, drafts, letters, any marginal comments appearing on any 

document, and all other writings, including electronic writings. 
F. When used with respect to a document, "identify" means furnish the document 

itself, or in lieu thereof, the name and date of the document, the name and address 

of the person or persons originating the document, the name and address, if any, of 

the person or persons to whom the document is addressed, the names and addresses 

of all persons to whom copies of the documents were or have been sent, and the 

organization, firm or agency with which all such persons were connected as of the 

date of the document, and if not in possession of the original or a copy, furnish the 

name and address of the custodian of the original or a copy, or furnish the name and 

address of a person whom you believe is in possession of the original or a copy of 

such document. 

G. "Oral communication" means any oral exchange with words. 

H. When used with respect to an oral communication, "identify" means state the date 

and place where such oral communication was made, the names of all individuals 

who participated in the communication, and their positions, employers, and 

employers' addresses, the names of all individuals who were present at the time the 

communication was made and their business affiliations and positions, the nature 

and substance of the communication, the nature and substance of each document 

recording or pertaining to such oral communication, and the name and present 

address of the present custodian of each such document. 

I. For all interrogatories to which the responding individual has an objection, state the 

factual and legal basis for the claimed privilege, or any other authority which 

provides the claimed basis for the objection. 
J. All documents requested as to which the responding individual claims privilege or 

any other objection as a ground for non-production shall be identified 

chronologically as follows: 

(a) date, 

(b) title, 

(c) type of document (e.g. memorandum, report, chart, etc.), 

(d) subject matter (without revealing the information as to which privilege or 

statutory authority is clauned). 

(e) factual and legal basis for the claimed privilege, or any other authority which 

provides the claimed ground for non-productivity 
INTERROGATORIES 

1. Identify the names, titles, business or home addresses and telephone numbers of 

each person whom the Respondent intends to call as a witness at the hearing of this 

matter. 

2. Provide the substance of the testimony to be offered by each of said witnesses. 

3. With respect to each expert witness identified in response to request Nos. 1 and 2 

above: 

(a) identify the subject matter on which the expert is expected to testify; 

(b) list the substance of the facts and opinions to which the expert is expected to 

testify; 

(c) provide a summary of the grounds for each opinion; 

(d) if the Respondent intends to introduce into evidence or otherwise rely upon a 

written curriculum vitae or other written document listing the expert's 

professional qualifications, identify and attach copies of all such documents. 

4. To the extent not encompassed in your response to request Nos. 1, 2 and 3 above, 

identify and produce statements of all individuals who spoke to, or were interviewed 

by, the Respondent regarding this matter. 

5. Identify and produce copies of any and all documents on which the Respondent 

anticipates relying, or will rely, in support of the case it will present at the hearing in 

this matter, including but not limited to documents you intend to introduce into 

evidence. 
6. Describe in full detail the Department of Transportation Hazardous Materials 

Regulations (DOT HMR) general awareness/ familiarization training provided to 

Respondent's employee Eileen Kerster, within three years prior to March 20, 

2009, including the name and address of the person who provided training to Ms. 

Kerster, the date the training was given, and the substance of the training given. 

7. Describe in full detail the DOT HMR function-specific training provided to 

Respondent's employee Eileen Kerster within three years prior to March 20, 

2009, including the name and address of the person who provided training to Ms. 

Kerster, the date the training was given, and the substance of the training given. 

8. State the factual basis for Respondent's belief that Ms. Kerster received general 

awareness/ familiarization training pursuant to 49 CFR 172.702(c) prior to 

October 27,2008. 

9. State the factual basis for Respondent's belief that Ms. Kerster received general 

awareness/ familiarization training pursuant to 49 CFR 172.702(c) prior to March 

20, 2009. 

10. State the factual basis for Respondent's belief that Ms. Kerster received functionspecific training pursuant to 49 CFR 172.702(c) prior to October 27, 2008. 
11. State the factual basis for Respondent's belief that Ms. Kerster received functionspecific training pursuant to 49 CFR 172.702(c) prior to March 20, 2009. 

12. Identify that date Respondent's employee Eileen Kerster was hired. 

13. Identify when Respondent's employee Eileen Kerster first prepared a Shipper's 

Declaration of Dangerous Goods on behalf of Respondent. 

14. Explain in full detail why Respondent reclassified the hazardous material it 

offered on October 27, 2008 from the manufacturer's classification of the material 

as described in the Material Safety Data Sheet (MSDS), i.e. "UN 1993, 

Flammable Liquid, N.O.S. (ethanol). Class 3, Packing Group 11" to "UN 1170, 

Ethanol Solution, Class 3, Packing Group 11". 

15. Describe the process used by Respondent in reclassifying the hazardous material 

referenced in Interrogatory 10 herein, including the DOT regulatory requirements 

Respondent followed in the reclassification of the material. 

16. State whether Respondent believes that the manufacturer of the hazardous 

material referenced in Interrogatory 10 herein incorrectly classified the material. 
17. State whether Nitza Katz had a copy of the Emergency Response Guide with her 

at all times the hazardous materials Respondent offered for air transportation on 

October 27, 2008 were in transit. 

18. State whether Michael Katz had a copy of the Emergency Response Guide with 

him at all times the hazardous materials Respondent offered for air transportation 

October 27,2008 were in transit. 

19. State whether Nitza Katz had a copy of the Emergency Response Guide with her 

at all times the hazardous materials Respondent offered for air transportation on 

March 20, 2009 were in transit. 

20. State whether Michael Katz had a copy of the Emergency Response Guide with 

him at all times the hazardous materials Respondent offered for air transportation 

on March 20,2009 were in transit. 

21. Explain in full detail whether, and if so how, the emergency response telephone 

numbers provided by Respondent with the hazardous materials Respondent 

offered for air transportation October 27, 2008 were monitored at all times the 

were in transit and identify the persons monitoring each telephone number. 

22. Explain in full detail whether, and if so how, the emergency response telephone 

numbers provided by Respondent with the hazardous materials Respondent 
offered for air transportation March 20,2009 were monitored at all times the were 

in transit and identify the persons monitoring each telephone number. 

23. Identify the DOT Specialist referenced in Respondent's Answer to allegation No. 

8 and describe in full detail the information requested by Respondent and any and 

all responses to that request provided by that DOT Specialist, or any other DOT 

Specialist in response to the request. 

24. Identify the DOT Specialist referenced in Respondent's Answer to allegation No. 

10 and describe in full detail the information requested by Respondent and any 

and all responses to that request provided by that DOT Specialist, or any other 

DOT Specialist in response to the request. 

AGENCY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS 

1. Produce copies of all materials relied upon and/or consulted in responding to the 

Agency's First Set of Interrogatories and First Requests for Admissions. 

2. Produce copies of any statements from any person whom Respondent or its 

representative interviewed in connection with the instant matter. 

3. Produce copies of any notes from interviews of any person Respondent or its 

representative interviewed in connection with the instant matter 
4. Produce copies of all documents upon which Respondent intends to rely at the 

hearing on this matter. 

5. Produce a copy of each certification showing that Ms. Kerster was trained and 

tested in DOT HMR general awareness/ familiarization within three years prior to 

March 20,2009. 

6. Produce a copy of the training materials used to train Eileen Kerster in DOT 

HMR general awareness/ familiarization training within three years prior to 

March 20,2009. 

7. Produce a copy of each certification showing that Ms. Kerster was trained and 

tested in DOT HMR function-specific within three years prior to March 20, 2009. 

8. Produce a copy of the training materials used to train Eileen Kerster in DOT 

HMR function-specific training within three years prior to March 20, 2009. 

9. Produce a copy of all testing materials used to test Eileen Kerster in DOT HMR 

general awareness/ familiarization training within three years prior to March 20, 

2009. 

10. Produce a copy of all testing materials used to test Eileen Kerster in DOT HMR 

function-specific training within three years prior to March 20,2009. 

11. Produce a copy of each certification showing that Ms. Kerster was trained and 

tested in DOT HMR general awareness/ familiarization within three years prior to 

October 27, 2008. 

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12. Produce a copy of the training materials used to train Eileen Kerster in DOT 

HMR general awareness/ familiarization training within three years prior to 

October 27,2008. 

13. Produce a copy of each certification showing that Ms. Kerster was trained and 

tested in DOT HMR function-specific within three years prior to October 27, 

2008. 

14. Produce a copy of the training materials used to train Eileen Kerster in DOT 

HMR function-specific training within three years prior to October 27,2008. 

15. Produce a copy of all testing materials used to test Eileen Kerster in DOT HMR 

general awareness/ familiarization training within three years prior to October 27, 

2008. 

16. Produce a copy of all testing materials used to test Eileen Kerster in DOT HMR 

function-specific training within three years prior to October 27,2008. 

17. Produce a copy of each written request made by Respondent to the DOT 

regarding the matters at issue in the instant Complaint. 

18. Produce a copy of each written DOT interpretation or opinion provided to 

Respondent that relate to the issues in the instant matter. 

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REQUEST FOR ADMISSIONS 

The Agency requests that Respondent admit or deny each of the following Requests for 

Admission within thirty (30) days. It is requested that in answering the following you 

recite the Request for Admission before answering the same. Any denial of the truth of 

the following statements must meet the substance of the requested admission. Where the 

truth of only part of a statement is denied, admission must be made specifically as to the 

remainder of the statement. Where the truth of the statement is denied in its entirety: (a) 

specify the reason for the denial or qualification; (b) specify the factual basis for the 

denial or qualification; (c) identify the evidence including the documents and/or 

witnesses, upon which Respondent is relying for its denial or qualification; and (d) 

provide copies of any documents identified in (c) above. 

1. The manufacturer of the hazardous material Respondent offered on October 27, 

2008 for air transportation classified the material as "UN 1993, Flammable 

Liquid, N.O.S. (ethanol). Class 3, Packing Group 11" in the Material Safety Data 

Sheet (MSDS). 

2. The Material Safety Data Sheet (MSDS) for the hazardous material Respondent 

offered on October 27, 2008 for air transportation is correct. 

3. Respondent reclassified the hazardous material Respondent offered on October 

27,2008 for air transportation from "UN 1993, Flammable Liquid, N.O.S. 

(ethanol), Class 3, Packing Group 11" to "UN 1170, Ethanol Solution, Class 3, 

Packing Group II". 

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4. Respondent did not change the contents of the hazardous material Respondent 

offered on October 27, 2008 for air transportation after receiving the hazardous 

material from the manufacturer. 

5. Respondent's employee Eileen Kerster had not received DOT HMR general 

awareness/ familiarization training prior to Respondent offering the hazardous 

material for air transportation on October 27, 2008 as alleged in the Complaint at 

allegation 3(a). 

6. Respondent's employee Eileen Kerster had not received DOT HMR general 

awareness/ familiarization training prior to Respondent offering the hazardous 

material for air transportation on March 20,2009 as alleged in the Complaint at 

allegation 3(b). 

7. Respondent has no records that Respondent's employee Eileen Kerster received 

DOT HMR general awareness/ familiarization training prior to Respondent 

offering the hazardous material for air transportation on October 27,2008 as 

alleged in the Complaint at allegation 3(a). 

8. Respondent has no records that Respondent's employee Eileen Kerster received 

DOT HMR general awareness/ familiarization training prior to Respondent 

offering the hazardous material for air transportation on March 20,2009 as 

alleged in the Complaint at allegation 3(b). 

9. Respondent's employee Eileen Kerster had not received DOT HMR functionspecific training prior to Respondent offering the hazardous material for air 

transportation on October 27,2008 as alleged in the Complaint at allegation 3(a). 

10. Respondent's employee Eileen Kerster had not received DOT HMR functionspecific training prior to Respondent offering the hazardous material for air 

transportation on March 20, 2009 as alleged in the Complaint at allegation 3(b). 

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11. Respondent has no records that Respondent's employee Eileen Kerster received 

DOT HMR function-specific training prior to Respondent offering the hazardous 

material for air transportation on October 27,2008 as alleged in the Complaint at 

allegation 3(a). 

12. Respondent has no records that Respondent's employee Eileen Kerster received 

DOT HMR function-specific training prior to Respondent offering the hazardous 

material for air transportation on March 20, 2009 as alleged in the Complaint at 

allegation 3(b). 

13. Respondent's employee Eileen Kerster prepared the Shipper's Declaration for 

Dangerous Goods for the shipment of hazardous material Respondent offered for 

air transportation on October 27, 2008 as alleged in the Complaint at allegation 

3(a). 

14. Respondent's employee Eileen Kerster prepared the Shipper's Declaration for 

Dangerous Goods for the shipment of hazardous material Respondent offered for 

air transportation on March 20,2009 as alleged in the Complaint at allegation 

3(b). 

Respectfully submitted, 

Alfi-ed R. Johnson, Jr. 

Regional Counsel 

By: r,>4 )p Date: ( O Z^ ^ id 

Jeai^ne C. Gotimer 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3272 

Facsimile: 718 995-5699 

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CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing COMPLAINANT'S FIRST SET OF 

INTERROGATORIES REQUEST FOR PRODUCTION OF DOCUMENTS AND 

REOUEST FOR ADMISSIONS were placed in the United States mail, postage prepaid. 

Certified Mail - Return Receipt Requested addressed as follows: 

Office of Administrative Law Judges 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

RoomE12-320 

Washington, D.C. 20590 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

John P. Beyel 

McElroy, Deutsch, Mulvaney & Carpenter, LLP 

Attorneys at Law 

1300 Moimt Kemble Avenue 

PO Box 2075 

Morristown, New Jersey 07962-2075 

Date: OCT 2 0 2010 ']H^^ ^ H ,,. ^ 

Marianna Perero 

Paralegal Specialist 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

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