U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF: 

l 

.· J Fi\,RTMENT Or- ' , 

:! :l\NSPOHTATION 

,: .r ·:n:r nr:Jq-:-1 ._.,_..~.l~t ~--fLr •. ·~·r \ o',!\,(' i\ 1

.) 

Z J!JL ? 3 1-\ iQ: 2 8 

COASTAL AIR TRANSPORT, INC. FAA Docket No. FAA-2011-1005 

Judge J.E. Sullivan 

Respondent. 

FAA CASE NO. 2010S0700037 

AGENCY BRIEF IN SUPPORT OF ITS ALTERNATIVE MOTION FOR 

HEARING ON SANCTION ONLY 

Complainant, by and through the undersigned counsel, pursuant to §13.218(a) of the 

Rules of Practice (14 C.P.R. 13.218(a)), hereby files its Brief in Support of Its Alternative 

Motion for Hearing on Sanction Only filed February 21, 2012. In support th~reof, 

Complainant states the following: 

1. 

On September 8, 2011, the Complainant filed its Complaint in the above matter. 

On March 23, 2012, in response to the Complainant Motion for Decision on the Pleadings, or in 

the Alternative Hearing on Sanction Only dated February 21, 2012, Respondent responded in part 

to the allegations contained within the Complaint in its Motion to Dismiss. The Respondent 

specifically denied the allegations in paragraphs 2, 3, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, and 18. 

However, Respondent failed to specifically address the allegations in paragraphs 4, 5, 8, and 9. 

As a result, the allegations in paragraphs 4, 5, 8, and 9 should be deemed admitted. As a result, 

the Respondent has admitted that on or about October 21, 2009, a U.S. Customs and Boarder 
Protection Officer discovered a non-specification fiberboard box containing hazardous materials 

on bard Flight 413 at the Alexander Hamilton Airport (STX) in Saint Croix, U.S. Virgin Islands. 

The box contained two plastic bags labeled "Hazmatpac," which contained two bottles of 

approximately 750ml each labeled fuel oil UN#1993. The Respondent has also admitted that at 

all times material in the Complaint, the above-described shipment was list and described on the 

" 

bill of lading. Finally, Respondent has admitted that Mike Foster of Coastal Air signed the bill 

of lading which described the above-referenced package. 

On or about December 11, 2009, during the investigation of this case, FAA Special Agent 

Juan Bulted forwarded a Letter of Investigation to Respondent and informed the Respondent that 

the Agency was investigating whether it violated the Hazardous Materials Regulations as a result 

of its carriage of hazardous materials on its flight operated on October 21, 2009. See Exhibits 1 

and 2. Special Agent Bulted requested that the Respondent provide various documents 

including copies of the Material Safety Data Sheet for the material it carried, as well as copies of 

the air waybill(s), shipper's pick up record and other relevant documents associated with the 

shipment in question. On January 14, 2010, in response to the Letter of Investigation, 

Respondent provided a Material Safety Data Sheet (MSDS) for low sulfur diesel fuel (7 pages), 

as well as copies of the Bill of Lading for the shipment. See Exhibits 3, 4 and 5. 

The MSDS provided by Respondent identifies that the material transported by 

Respondent on October 21, 2009 is classified as Diesel Fuel, Hazard Class 3, PG ill, with a DOT 

identification number of NA 1993. See Exhibit 4 at page 5, Section 14. Transportation 

Information. Additionally, the Bill of Lading provided by Respondent also identifies the contents 

of the package transported by Respondent on October 21, 2009 as Diesel Fuel, a hazardous 

material. Finally, the Complainant asks that the Administrative Law Judge take judicial notice of 

2 
14 C.F .R. § 172.101 Hazardous Material Table which identifies both Diesel fuel as a Hazard 

Class 3, PG ill, NA 1993 material, and fuel oil .as a Hazard Class 3, PG ill, NA 1993 material. 

See Exhibit 6, excerpts from 14 C.F .R. § 172.101 Hazardous Materials Table. 

Furthermore, the Respondent has admitted in his pleading on July 9, 2012, that he 

operated a flight on October 21, 2009, as Coastal Air Flight 413 arriving at the Alexander 

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

Therefore, despite Respondent's denial of paragraph 2, 3, 10 of the Complaint the 

evidence clearly establishes that on October 21, 2009, Respondent knowingly accepted for 

transportation by air and transported aboard an aircraft a one-piece shipment which contained a 

hazardous material on flight number 413 arriving at the Alexander Hamilton Airport (STX), 

Saint Croix, U.S. Virgin Islands. 

Finally, the evidence also establishes that the shipment of hazardous materials transported 

by Respondent on October 21, 2009, was not accompanied by a Shipper's Certification or 

Declaration of Dangerous Goods, and did not contain a MSDS, packing slips, or any hazardous 

markings or warnings labeled on the box. On November 2, 2009 U.S. Customs Agent Renael 

Steele, provided a statement to Special Agent Juan Bulted in which he described the condition of 

the package which contained the hazardous materials. See Exhibit 7. Additionally the U.S. 

Customs & Border Protection Agency provided photographs of the box which contained the 

hazardous materials at issue in this case. See Exhibit 8. The photographs clearly show the 

condition of the box which contained the hazardous materials transported by Respondent on 

October 21, 2009. 

49 C.F.R. Part 172 establishes the labeling, marking, and shipping paper requirements for 

packages which contain hazardous materials. The photographs show that contrary to the HMR 

3 
the package did not contain hazardous materials labels or markings. §l75.3(a)(3). Additionally, 

despite the Respondent's denial of paragraphs 11, 12, and 13 of the Complaint, the evidence 

clearly shows that shipment of hazardous mc:tterials transported on October 21, 2009, was not 

accompanied by shipping papers that were in accordance with 49 C.F.R. Part 172. 

Therefore, despite Respondent's denial of paragraph 11, 12, 13 and 14 of the Complaint 

the evidence clearly establishes that on October 21, 2009, Respondent accepted a shipment of 

hazardous materials when the outer container was not marked with the proper shipping name, the 

assigned identification number, standard orientation markings, or a "FLAMMABLE LIQUID" 

label and which was not accompanied by shipping papers required by 49 C.F.R. Part 172, 

Subpart C. 

By reason of the foregoing, there remain no genuine issues of material fact. The 

Respondent's admissions coupled with the evidence presented clearly establish that Respondent 

violated the Hazardous Material Regulations. Thus, the only remaining issue is sanction. 

2. 

Congress determined that the unregulated transportation of hazardous materials 

constitutes a threat to public safety in all forms of transportation. Congress addressed that threat 

in 1974 by enacting the Hazardous Materials Transportation Act (HMTA). Congress, in passing 

the HMTA, as amended, P.L. 93-633, 88 Stat. 2156, 49 U.S.C. app. §1801 et. seq., now codified 

as 49 U.S.C. §5101 et. seq., recognized the risks to life and property which are inherent in the 

transportation of hazardous materials in commerce. Because of the serious safety risks 

associated with the transportation of hazardous materials, Congress intended that the FAA 

vigorously enforce the hazardous materials regulations. 

4 
j 

3. 

Congress reiterated its concern about the improper transportation of hazardous materials 

when it increased the maximum civil penalties. In 1990, Congress passed the Hazardous 

Materials Transportation Uniform Safety Act (HMTUSA), P.L. 101-615, which amended the 

HMTA by increasing the maximum civil penalty for each violation of the HMTA from $10,000 

to1 $25,000, and establishing a $250 minimum civil penalty for each violation. Pursuant to 14 

C.P.R. § 13.305(d), and effective January 21, 1997, the maximum civil penalty that could be 

assessed for a violation of the Federal hazardous material statue or the HMR was $27,500. On 

February 11, 2002, the FAA again published a final rule (67 FR 6364) adjusting monetary civil 

penalties. Effe~tive March 30, 2002, the maximum civil penalty that can be assessed for a 

violation of the Federal hazardous materials statute was raised to $30,000. On May 16,2006, the 

FAA published a final rule (71 FR 28518) adjusting monetary civil penalties. Effective June 15, 

2006, the maximum civil penalty that can be assessed for a violation of the Federal hazardous 

materials statute was raised to $50,000 ($1 00,000 if death, serious illness, severe injury, or 

substantial property damage results). (The minimum amount that can be assessed for a nontraining violation remained at $250; the minimum amount for a training-related violation was set 

at $450.) 

4. 

The HMR set forth regulations for the transportation of hazardous materials, also known 

as dangerous goods. Hazardous materials are substances or materials that the Secretary of 

Transportation has determined is capable of posing an unreasonable risk to health, safety, and 

property when transported in commerce, and has designated as hazardous under section 503 of 

5 
Federal Hazardous materials transportation law (49 U.S.C. 5103).1 A knowing violation of the 

statute or the HMR can support the assessment of a civil penalty between $250 and $100,000. A 

person acts knowingly when the person has actual knowledge of the facts giving rise to the 

violation; or a reasonable person acting in the circumstances and exercising reasonable care 

would have that knowledge. 49 U.S.C. §5123(a)(1)(A). In the instant case, Coastal Air 

Transport had actual knowledge of the facts giving rise to the violation- i.e., that it transported a 

fiberboard box containing two plastic bags labeled "Hazmatpac," which contained two bottles of 

approximately 750ml each labeled fuel oil UN#1993. Fuel Oil or Diesel Fuel, UN#1993 is a 

hazardous material under the HMR and is classified as a Flammable Liquid, Hazard Class 3, PG 

ill. See. Exhibits 4 and 6. Additionally, Coastal Air Transport had actual knowledge that it 

designated itself as a "Will-Not-Carry'' hazardous materials/dangerous goods Air Carrier with the 

Federal Aviation Administration.2 See Exhibit 9. 

Moreover, the legislative history of the Hazardous Materials Transportation Act indicates 

that Congress intended civil penalties be imposed on persons who knew about the act that 

constituted a violation, but were unaware of the law. In the Matter of TCI Corporation, FAA 

Order No. 92-77 (1992) at 8-9, n.13 (quoting the following language in the conference 

substitute: "a civil penalty may be imposed only upon proof that the defendant knowingly 

committed the act which constitutes the violation (it is not necessary to show that he knew the act 

constituted a violation) ... (emphasis added)" S. Conf. Rep. No. 1347, 93rd Cong., 2d Sess., 

1 Hazardous materials also includes hazardous subs~ces, hazardous wastes, marine pollutants, elevated temperature 

materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials 

that meet the defining criteria for hazard classes and divisions in part 173 of subchapter C of 49 CFR. The term 

hazardous material includes and is interchangeable with the term dangerous goods, as used in the International Civil 

Aviation Organization (ICAO) Technical Instructions. 

2 14 C.F.R. Appendix 0, establishes the Hazardous Materials training requirements for air carrier certificate holders 

under Part 121 and 135. Certificate holders with a prohibition in their operation specifications against carrying or 

handling hazardous materials are termed "will-no-carry" carriers. 

6 
reprinted in 1974 U.S. Code Cong. & Ad. News, 7669, 7686). It is clear Congress intended to 

prevent persons from relying on ignorance of the law as an excuse in civil hazardous materials 

cases. In the Matter of Smalling, FAA Order No. 94-31 (1994). 

5. 

After establishing violations of the HMR, as a general matter, the FAA will seek to 

impose a sanction that is sufficiently deterrent but not excessive, in order to comply with the 

underlying purposes of the Federal hazardous material transportation law and the HMR. In 

determining the sanction to be assessed, penalty criteria set forth in 49 U.S.C. §5123 must be 

considered. These criteria are the nature, circumstances, extent, and gravity of the violation; with 

respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, 

and any effect on the ability to continue to do business; and other matters that justice requires. 

49 U.S.C. §5123(c). This approach was reiterated on April 21, 1999, when the FAA published 

its Policy on Enforcement of the Department of Transportation Hazardous Materials Regulations 

(HMR): Penalty Guidelines (Sanction Guidance). 64 Fed. Reg. at 19443. With the FAA's 

hazardous materials sanction guidance some of the considerations are already factored into the 

categories in the Hazardous Material Sanction Guidance Matrix. The statutory factors are further 

considered under the weighting analysis that is performed to indicate the amount of the civil 

penalty within the appropriate range, i.e., at the minimum, moderate, or maximum portion of the 

sanction range. 

The Matrix recognizes that an even higher penalty could be warranted for a significantly 

aggravated case, consistent with the increased maximum penalty of $50,000 imposed by the Safe, 

Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEU-LU), 

Public Law 109-59, August 10, 2005. Additionally, the Matrix reflects the potential $100,000 

7 
)' 

penalty, also imposed by SAFETEU-LU, for a violation that results in death, serious illness, or 

severe injury to any person, or substantial destruction of property. 

6. 

The Hazardous Materials Sanction Guidance is designed to promote better consistency so 

that similar penalties are imposed in similar cases. The specified Matrix ranges (e.g. $250-$550, 

or $15,000-$32,500) are intended to reflect the nature, circumstances, extent, and gravity of the 

case as compared with other types of cases. See Exhibit 10. Each case, however, is evaluated on 

its own facts. Violations of Part 175 of the HMR, which establish particular requirements for air 

carriers and other aircraft operators, are contained in a separate matrix. See Exhibit 11. A 

sanction may differ from the specified Matrix ranges when the facts and circumstances of a case 

support either a greater or lesser penalty. 

7. 

The complaint in this case charged Respondent with sixteen regulatory (16) violations 

of the Department of Transportation Hazardous Materials Regulations (HMR) (Title 49 of the 

Code of Federal Regulations). In accordance with Section 5123(a) of Title 49 of the United 

States Code (Transportation) (49 U.S.C. § 5123(a)), Respondent is liable for a civil penalty not 

lower than $250, nor greater than $50,000 for each regulatory violation of the HMR. 

However, utilizing the FAA Sanction Guidance matrix, Respondent's violation of the sixteen 

regulations are grouped into five (5) categories of offense: (1) Improper acceptance of hazmat 

for air transportation; (2) Failure to inspect hazmat shipment properly; (3) Failure to provide 

hazmat training, maintain records of training, or meet minimum requirements for hazmat 

training; (4) Failure to notify FAA properly of incident/discrepancies in hazmat shipment; and 

(5) Failure to provide notice to the pilot-in-command. 

8 
As described in the Sanction Guidance, a weighting analysis was performed to determine 

the appropriate amount of civil penalty to assess. A series of questions reviewing factors 

involving the nature, circumstances, extent and gravity of the violation, the violator's degree of 

culpability, and the violator's history of violations was answered. Each response was assigned a 

relative weight of minimum, moderate, or maximum. Based on the totality of the facts and . 

circumstances of this case, a final aggregate weight of MAXIMUM was assigned. 

Under the Sanction Guidance Matrix, Respondent was determined to be a Group IV, 14 

C.F.R. Part 135 Air Carrier.3 Under its Air Carrier program, Respondent is not authorized to 

transport hazardous materials in air commerce. See Exhibit 9. However, on or about October 

21, 2009, Respondent accepted a shipment of Fuel Oil, a Class 3 Flammable Liquid, for air 

transportation on board a passenger aircraft. The MAXIMUM civil penalty for Group IV air 

carriers in the Matrix for Improper Acceptance, Failure to Inspect, and Failure to train is 

$16,200 for each category. The MAXIMUM civil penalty for Group IV air carriers is $5,500 

per category for Failure to notify FAA and Failure to notify pilot-in-command. See Exhibit 

11, FAA Order 2150.3B at Appendix C, page C-13. Based on the weighting analysis 

performed, an appropriate penalty was assigned for each of the applicable violations groups. 

The penalty amount for each violation group was then added together. In evaluating the extent 

and gravity of the regulations that are alleged to have been violated, a totality of the 

circumstances approach is used to judge the potential consequences that might have resulted 

from failure to comply with the requirements of the HMR. Consequently, Complainant is 

3 In accordance with FAA Order 2150.3B, A Group IV air carrier is defmed as an air carrier or commercial 

operator operating under 135 with no more than 5 pilots and no more than 5 aircraft. See Exhibit 12, FAA Order 

2150.3B, Appendix Bat page B-3. 

9 
seeking an appropriate civil penalty in accordance with the FAA Hazardous Materials Penalty 

Guidelines of $59,600. 

8. 

In various pleadings the Respondent has argued that Coastal Air Transport was not in 

violation of the HMR based upon an erroneous belief that it was authorized to carry the cargo 

which is the subject of this action. In the Respondent's Motion to Dismiss dated March 23, 

2012, the Respondent characterizes the violations that are the subject of the FAA's complaint as 

"minor." The Respondent continues to argue that its carriage of the Flammable Liquid described 

above, was analogous to the carriage of "six packs of liquor" which "are regularly carried in 

cardboard boxes on passenger aircraft with no labels." He concludes that aircraft regularly carry 

small quantities of such materials with no danger to the passengers or crew. See Respondent's 

Motion to Dismiss dated March 23,2012 at pages 1 and 2. 

Respondent's contentions as demonstrated in the evidence presented are simply incorrect. 

Congress has expressly stated its interest in addressing the unregulated transportation of 

hazardous materials in commerce and the FAA has instituted policies to effectively deter such 

behavior through the use of civil penalties. Respondent's argument is misplaced. It has confused 

the regulatory exception provided in the HMR for passengers, crewmembers, and air operators to 

carry specified hazardous materials when carried by aircraft passengers or crewmembers 

provided the air carrier has met the requirements of 14 C.F.R. §§175.10, 171.15, and 171.16. 

Specifically, 14 C.F.R. 175.10, provides a list of excepted hazardous materials which may be 

carried by passengers or crewmembers. See Exhibit 13, 14 C.F .R. § 17 5.10. The regulation does 

provide that passenger or crewmembers may carry alcoholic beverages containing not more than 

24% alcohol by volume; or more than 24% and not more than 70% alcohol by volume when in 

10 
.. 

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 .. 

However, the package carried by Respondent on October 21, 2009, does not meet the criteria as 

articulated in 14 C.F.R 175.10. 

By reason of the foregoing, despite the arguments made by Respondent that it is not in 

violation of the HMR and therefore, subject to the proposed civil penalty, the Hazardous 

Materials statutes and regulations, identified above, clearly establish the government's intent to 

address Respondent's unlawful conduct with appropriate sanctions. 

9. 

WHEREFORE, for the reasons articulated above, Complainant respectfully requests that its 

Alternative Motion for Hearing on Sanction Only be granted and Respondent assessed a civil 

penalty in the amount of$59,600. 

Res ectfully submitted this 20th day of July 2012. 

Atto ey 

Office of the Regional Counsel 

11 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Agency Brief in Support of its Alternative Motion for 

Hearing on Sapction Only was mailed by Federal Express and facsimile to: 

The Honorable J.E. Sullivan 

DOT, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

Room E12-320 

Washington, D.C. 20590 

(FAX) (202) 366-7536 

and via Express Mail to: 

Michael Foster, President 

Coastal Air Transport, Inc. 

P.O. Box 3985 

Christiansted, St. Croix, VI 00822 

and the original and one copy via Eederal Express to: 

Hearing Docket 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

~T!~- Legal Assistant 

JUL 2 0 2012 

Dated 

12 
.. -

December 11, 2009 

FEDERAL AVIATION ADMINISTRATION 

Aviation Security and Hazardous Materials 

P.O. Box 38092 Airport Station 

San Juan, PR. 00937-1092 

Registered Mail Return-Receipt Requested 

File Number: 2010S0700037 

Mr. Michael W. Foster 

President, Coastal Air Transport, Incorporated 

P 0 Box 3985 

Christiansted, Saint Croix 

USVI 00822 

Dear Sir: 

The Federal Aviation Administration (FAA) is conducting an investigation concerning 

the apparent failure of Coastal Air Transport, Incorporated to comply with the provisions 

ofTitle 49, Code of Federal Regulations (49 CFR). 

On October 21, 2009, at approximately 1535 hours, at the Alexander Hamilton Airport 

(STX), Saint Croix, U.S. Virgin Islands, an Inspector of the U.S. Customs and Border 

Protection inspected the Coastal Air Transport aircraft servicing flight number #413. The 

inspection revealed that you were the pilot in command. The inspection also revealed 

that you accepted and transported in air commerce an un-marked and un-manifested box 

which contained two plastic bags marked Hazmatpac, each containing two bottles. Each 

bottle was labeled Fuel Oil, UN1993 and contained approximately 750 mi. The shipper 

was identified as SGS Saint Eustatius. 

The hazardous materials were not declared, described, packaged, marked, labeled, and in 

condition for air transportation as required by the hazardous materials regulation. 

Additionally; Coastal Air Transport, Incorporated is not a certified hazardous material 

earner. 

The FAA would like to provide you with an opportunity to furnish any information 

concerning this matter which may reflect mitigating circumstances. 

As a part of our investigation, we are requesting the following related information: 

I I!XHIBit_ililllll,iliilrolll'fililiillli1ilo. -·-· 1 
1- A copy ofthe appropriate material safety data sheet(s) (MSDS) for dangerous goods 

offered in this shipment. The MSDS must show the proper shipping name, Class 

number, UN Number, Packing Group, and packing instructions for the item described 

above. 

2- Copies of the air waybill(s), shipper's pick up record and other relevant documents 

associated with the shipment in question. 

3- A copy of the hazardous materials training records for each individual involved in the 

transportation of this shipment. 

4- A copy of your hazardous materials training curriculum. 

5- A description of actions implemented to prevent further incidents of this type from 

occurnng. 

6- Any additional documentation or information you feel to be pertinent to this 

investigation. 

Please be advised.that the allegations contained herein do not necessarily include all the 

deficiencies that may be subsequently discovered during the course of this investigation. 

This office should receive your response, if any, within ten ( 1 0) business days from your 

receipt of this letter. If no response is received at that time, our report will be processed 

without the benefit of your information. Your reply may be sent email to 

Juan.Bulted@faa.gov. 

Sincerely, 

~ '8etfted 

Juan Bulted 

Special Agent 
• 

• Complete Items 1, 2, and 3. Also complete 

Item 4 If Restricted Delivery Is desired. 

• Print your name and address on the reverse 

so that'we can return the card to you. 

• Attach this card to the back of the mallplece, 

or on the front If space permits. 

1. Article Addressed -to: 

7008 1830 DODD 5608 4635 

PS Form 3811, February 2004 

0. Is · different froin Item 1? 

If YES: enter dellvety address below: 

Domestic Return Receipt 1 02595.00-M-1540 

u.s. Postal ServiceT'.I " 

CERTIFIED MAILw 'RECEIPT . Domestic Mail Only; No Insurance Coverage Provided) 

~..oiD;iiQii;~~iji~iijiij-p·if·ii~~~·~·~~~ . . ~ . . . . ::r 

~L_~~~~~~~~~~~~ OFFICIA USE 

CJ 

..D 

Lt1 

c 

CJ 

CJ 

CJ 

CJ 

P~ark 

Here 

;~::~==~~~~==~~==~------------~ ~l~~k:~~~;~~~~~--~~,~~· .. ~··r··-·~t::3:Y ~[~~~~e~at.~~~~~~f~9~D~~~ 

/~ 
. ~ 

CoaJtal dlir ·uranJport 

,# Juan Bulted 

South Florida FSD0-19 

San Juan Security Field Unit 

525 FD Roosevelt Ave, Suite 901 

San Juan, Puerto Rico 00918-1198 

File Number: 2010S0700037 

January 14, 2010 

Dear Sir, 

In response to your letter received January 4, 2010, we offer the following as requested: 

1. A copy of the Material Safety Data Sheet(MSDS) for low sulfur diesel fuel (7 pages). 

2. Copies of the Bill of lading from the shipper. Copies of our Cargo Manifest were held by U.S. 

Customs in St Croix. These items were correctly listed as oil samples. 

3. Copies of the hazardous materials training records for those involved in shipping these samples. 

4. We were advised years ago by our Principal Operations Inspector (POl), that a hazardous 

material program was not recommended and would not be required to transport small 

quantities of properly packaged flammable materials. These materials include butane lighters, 

matches, six packs of spirits, mouthwash, aftershave, etc. The material and quantities in this 

shipment fall into this category. 

5. The shipper has offered us the use of their lATA Training Program. We have agreed to have all 

appropriate personnel complete this course. 

6. Samples were shipped in limited Quantity( less than 10l for Diesel Fuel) as per lATA DG Regs 

2.8.2.1(b) and packaged in a suitable box and materials for shipment. Shipment was placed in a 

cargo compartment not accessible to passengers. Included are labels attached to these samples 

describing their content. These were apparently not noticed during the customs inspection. 

Coastal Air has operated for almost 30 years, accident, incident, and violation free. We have agreed to 

add additional training in the future and request that this investigation be closed with no further action 

being taken. 

:iitJk 

Michael W. Foster 

President 

FAA/South Florida FSD0-19 

San juah fla~Uity 

P.O. BOX 3985 • CHRISTIANSTED, U.S. V.I. 00822 • TELEPHONE (340) 773-6862 'I 0 p 7 
HOVEN SA NFPA ~ 704 (Section 16) 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDS No. 1797 

11. CHEMICAL PRODUCT and COMPANY INFORMATION (rev. Jan-99) 

HOVENSA L.L.C. 

1 Estate Hope 

Christiansted, VI 00820-5652 

EMERGENCY TELEPHONE NUMBER (24 hrs): CHEMTREC (800) 424-3000 

COMPANY CONTACT (business hours): HOVENSA Safety Department (340) 692-3000 

SYNONYMS: Diesel Fuel #2; Hess Premium Diesel; Low Sulfur Diesel; Motor Vehicle Diesel Fuel 

See Section 16 for abbreviations and acronyms. 

COMPOSITION and INFORMATION ON INGREDIENTS 

INGREDIENT NAME 

Diesel Fuel 

CASNUMBER: ~7~~ 

EXPOSURE LIMITS 

OSHA PEL-TWA: 5 mgtm. as mineral oil mist 

ACGIH TLV·TWA: 1997 NOIC- 100 mg/m3

, skin, A3 

Naphthalene osHA PEL: 10 ppm 

CAS NUMBER: 91-20-3 ACGIH TLV-TWAISTEL: 10/15 ppm, A4 

(rev. Jan-99) 

CONCENTRATION 

PERCENT BY WEIGHT 

100 

Typically < 0.01 

A complex mixture of hydrocarbons with carbon numbers in the range C9 and higher. Premium Diesel 

Fuel contains a multifunctional additive. 

I 3. HAZARDS IDENTIFICATION (rev. Jan-99; Tox~98) 

EMERGENCY OVERVIEW 

QAUTIONI 

OSHAINFPA COMBUSTIBLE LIQUID -SLIGHT TO MODERATE IRRITANT- EFFECTS CENTRAL 

NERVOUS SYSTEM -HARMFUL OR FATAL IF SWALLOWED 

Moderate fwe hazard. Avoid breathing vapors or mists. May cause dizziness and drowsiness. May cause 

moderate eye irritation and skin Irritation (rash). Long-term, repeated exposure may cause skin cancer. 

If ingested, do NOT induce vomiting, as this may cause chemical pneumonia (Huid in the lungs). 

EYES 

Contact with liquid or vapor may cause mild irritation. 

SKIN 

May cause skin irritation with prolonged or repeated contact. Practically non~toxic if absorbed following 

acute (single) eXposure. liquid may be absorbed through the skin in toxic amounts if large areas of skin 

are repeatedly exposed. 

lt-JGESTION 

The major health threat of ingestion occurs from the danger of aspiration (breathing) of liquid drops into 

the lungs, particularly from vomiting. Aspiration may result in chemical pneumonia (fluid in the lungs), 

severe lung damage, respiratory failure and even death. 

Ingestion may cause gastrointestinal disturbances. including irritation, nausea, vomiting and diarrhea, and 

central nervous system {brain) effects similar to alcohol intoxication. In severe cases, tremors, 

convulsions, loss of consciousness, coma; respiratory arrest, and death may occur. 

INHAI..ATION 

EXcessive exposure may cause irritations to the nose, throat, .lungs and respiratory tract. Central nervous 

system (brain) effects may include headache, dizziness, loss of baJance and coordination, 

unconsciousness, coma, respiratory failure, and death. 

Revision Date: 02/28/01 

EXHIBIT._!f;lfo&i, ., ...... r --

Page 1 of7 

.ro P g 
HOVENSA 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDS No.1797 

WARNING: the burning of any hydrocarbon as a fuel in an area without adequate ventilation may result in 

hazardous levels of combustion products, including carbon monoxide, and inadequate oxygen levels, 

which may cause unconsciousness. suffocation, and death. 

CHRONIC EFFECTS and CARCINOGENICITY 

Similar products produced skin cancer and systemic toxicity in laboratory animals following repeated 

applications. The significance of these results to human exposures has not been determined - see 

Section 11 Toxicological Information. 

lARC classifies whole diesel fuel exhaust particulates as probably carcinogenic to humans (Group 2A). 

NIOSH regards whole diesel fuel exhaust particulates as a potential cause of occupational lung cancer 

based on animal studies and limited evidence in humans. 

MEDICAL CONOITIONS AGGRAVATED BY EXPOSURE 

Irritation from skin exposure may aggravate existing open wounds, skin disorders, and dermatitis (rash). 

I 4. FIRST AID MEASURES (rev. Jan-98; Tox-98} 

.5lli 

In case of contact with eyes, immediately flush with clean, low-pressure water for at least 15 min. Hold 

eyelids open to ensure adequate flushing. Seek medical attention. 

SKIN 

Remove contaminated clothing. Wash contaminated areas thoroughly with soap and water or waterless 

hand cleanser. Obtain medical attention if irritation or redness develops. 

INGESTION 

DO NOT INDUCE VOMrtiNG. Do not give liquids. Obtain immediate medical attention. If spontaneous 

vomiting occurs. lean victim forward to reduce the risk of aspiration. Monitor for breathing difficulties. 

Small amounts of material which enter the mouth should be rinsed out until the taste is dissipated. 

INHALATION 

Remove person to fresh air. If person is not breathing provide artificial respiration. If necessary, provide 

additional oxygen once breathing is restored if trained to do so. Seek medical attention immediately. 

I ~. FIRE FIGHTING MEASURES (rev. Oct-96) 

FLAMMABLE PROPERTIES: 

FLASH POINT: 

AUTOIGNITION POINT: 

OSHAINFPA FLAMMABILITY CLASS: 

LOWER EXPLOSIVE LIMIT(%): 

UPPER EXPLOSIVE LIMIT (%): 

FIRE AND EXPLOSION HAZARDS 

> 125 °F (>52 °C) minimum 

494 ';: (257 °C) 

2 (COMBUSTIBLE) 

0;6 

7.5 

PMCC 

Vapors may be ignited rapidly when exposed to heat, spark. open flame or other source of ignition. When 

mixed with air and exposed to an ignition source, flammable vapors oon bum in the open or explode in 

confined spaces. Being heavier than air, vapors may travel long distances to an ignitloo source and flash 

back. Runoff to sewer may cause fire or explosion hazard. 

EXTJNGYISHING MEDIA 

SMALL FIRES: Any extinguisher suitable for Class B fires, dry chemical, C02, water spray, fire ftghting 

foam, or Halon. 

LARGE FIRES: Water spray, fog or fire fighting foam. Water may be ineffective for fighting the fire, but 

may be used to cool fire-exPQSed containers. 

FIRE FIGHTING INSTRUCTIONS 

Revision Date: 02128/01 .Page2of7 
HOVEN SA 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDS No. 1797 

Small fires in the incipient (beginning) stage may typically be extinguished using handheld portable fire 

extinguishers and other fire fighting equipment. 

Firefighting activities that may result in potential exposure to high heat, smoke or toxic by-products of 

combustion should require NIOSHIMSHA- approved pressure-demand self-contained breathing apparatus 

with full face piece and full protective clothing. 

Isolate area around container involved in fire. Cool tanks, shells, and containers exposed to fire and 

excessive heat with water. For massive fires the use of unmanned hose holders or monitor nozzles may 

be advantageous to further minimize personnel exposure. Major fires may require withdrawal, allowing 

the tank to bum. Large storage tank fires typically require specially trained personnel and equipment to 

extinguish the fire, often including the need for property applied fire fighting foam. 

See Section 16 for the NFPA 704 Hazard Rating. 

I 6. ACCIDENTAL RELEASE MEASURES (rev. Jan-98) 

ACTIVATE FACILITY'S SPILL CONTINGENCY OR EMERGENCY RESPONSE PLAN. 

Evacuate nonessential personnel and remove or secure all ignition sources. Consider wind direction; stay 

upwind and uphill, if possible. Evaluate the direction of product travel, diking, sewers, etc. to confinn spill 

areas. Spills may infiltrate subsurface soil and groundwater; professional assistance may be necessary to 

determine the extent of subsurface impact. 

Carefully contain and stop the source of the spill, if safe to do so. Protect bodies of water by diking, 

absorbents, or absorbent boom, if possible. Do not flush down sewer or drainage systems, unless system 

is designed and permitted to handle such material. The use of fire f~ghting foam may be useful in certain 

situations to reduoo vapors. The proper use of water spray may effectively d~e product vapors or the 

liquid itself, preventing contact with ignition sources or areas/equipment that require protection. 

Take up with sand or other oil absorbing materials. carefully shovel, scoop or sweep up into a waste 

container for reclamation or disposal -caution, flammable vapors may accumulate in closed containers. 

Response and clean-up crews must be properly trained and must utilize proper protective equipment (see 

Section 8). 

l 7. HANDLING and STORAGE (rev. Jan-98) 

HANDLING PRECAUTIONS 

Handle as a combustible liquid. Keep away from heat, sparks, and open flame! Electrical equipment 

should be approved for classified area. Bond and ground containers during product transfer to redUce the 

possibility of static-initiated fire or explosion. 

Special slow load procedures for "switch loading" must be followed to avoid the static ignition hazard that 

can exist when higher flash point mater~al (such as fuel oil) is loaded into tanks previously containing low 

flash point products (such as this product)- see API Publication 2003, "Protection Against Ignitions Arising 

Out Of Static, Lightning and Stray Currents. 

STOBAGJ: PRECAUTIONS 

Keep away from flame, sparks, excessive temperatures and open flame. Use approved vented 

containers. Keep containers closed and clearly labeled. Empty product containers or vessels may contain 

explosive vapors. Do not pressurize, cut, heat, weld or expose such containers to sources of ignition. 

Store in a well-ventilated area. This storage area should comply with NFPA 30 "Flammable and 

Combustible Liquid Code". Avoid storage near incompatible materials. The Qteaning of tanks previously 

containing this product should follow API Recommended Practice (RP) 2013 "Cleaning Mobile Tanks In 

Flammable and Combustible Liquid Service" and API RP 2015 "Cleaning Petroleum Storage Tanks". 

WORK/HYGIENIC PRACTICE§ 

Revision Date: 02128/01 Page3of7 
HOVEN SA 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDSNo.1797 

Emergency eye wash capability should be available in the near proximity to operations presenting a 

potential splash exposure. Use good personal hygiene practices. Avoid repeated and/or prolonged skin 

exposure. Wash hands before eating, drinking, smoking, or using toilet facilities. Do not use as a 

cleaning solvent on the skin. Do not use solvents or harsh abrasive skin cteaners for washing this product 

from exposed skin areas. Waterless hand cleaners are effective. Promptly remove contaminated clothing 

and launder before reuse. Use care when laundering to prevent the formation of flammable vapors which 

could ignite via washer or dryer. Consider the need to discard contaminated leather shoes and gloves. 

js. EXPOSURE CONTROLS and PERSONAL PROTECTION (rev. Jan·98) 

ENGINEERING CONTROLS 

Use adequate ventilation to keep vapor concentrations of this product below occupational exposure and 

flammability limits, particularly In confined spaces . 

. EYE/FACE PROTECTION 

Safety glasses or goggles are recommended where there is a possibility of splashing or spraying. 

SKIN PROTECTION 

Gloves constructed of nitrile, neoprene, or PVC are recommended. Chemical protective clothing such as 

of E. I. DuPont TyChem®, Saranex® or equivalent recommended based on degtee of exposure. Note: The 

resistance of specific material may vary from product to product as well as with degree of exposure. 

Consult manufacturer specifications for further infonnation. 

RESPIRATORY PROTECTION 

A NIOSH/MSHA-approved air-purifying respirator with organic vapor cartridges or canister may be 

permissible under certain circumstances where airborne concentrations are or may be expected to exceed 

exposure limits or tor odor orfl'litatton. ProtectiOn provided by ait-putifying respiraton;· i's limited. Refer to 

OSHA 29 CFR 1910.134, ANSI Z88.2-1992, NIOSH Respirator Decision Logic, ar'ld the manufacturer for 

additional guidance on respiratory protection selection. 

Use a positive pressure, air-supplied respirator if there is a potential for uncontrolled release, exposure 

levels are not known. in oxygen~efteient atmospheres. or any other circumstance where an air-purifying 

respirator may not provide adequate protection. 

I 9. PHYSICAL and CHEMICAL PROPERTIES (rev. Jan-94) 

APPEARANCE 

Clear, straw-yellow liquid 

ODOR 

Mild, petroleum distillate odor 

BASIC PHYSICAL PROPERTIES 

BOILING RANGE: 320 to 690 °F (160 to 366 °C) 

VAPOR PRESSURE: 0.009 psia @ 70 °F (21 °C) 

VAPOR DENSITY (air = 1 ): > 1.0 

SPECIFIC GRAVITY (H20 = 1 ): 0.83 to 0.86@ 60 °F (16 °C) 

PERCENT VOLA TILES: 100 % 

EVAPORATION RATE: 

SOLUBILITY (H20): 

Slow; varies with conditions 

Negligible 

!10. STABILITY and REACTMTV (rev. Jan-94) 

STABILITY: Stable. Hazardous polymerization will not occur. 

CONDITIONS TO AVOID and INCOMPATIBLE MATERIALS 

Revision Date: 02/28/01 Page4 of7 
HOVEN SA 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDS No.1797 

Avoid high temperatures, open flames, sparks, welding, smoking and other ignition sources. Keep away 

from strong oxidizers; Vlton ® ; Fluorel ® 

HAZARDOUS DECOMPOSITION PRODUCTS 

Carbon monoxide, carbon dioxide and non-combusted hydrocarbons (smoke). 

!11. TOXICOLOGICAL PROPERTIES (rev. Jan~98; Tox-98) 

ACUTE TOXICITY 

Acute dennal LD50 (rabbits): > 5 ml/kg Acute oral LD50 (rats): 9 mllkg 

Primary dermal irritation: extremely irritating (rabbits) Draize eye irritation: non-irritating (rabbits} 

Guinea pig sensitization: negative 

CHRONIC EFFECTS AND CARCINOGENICITY 

Carcinogenic: OSHA: NO IARC: NO NTP: NO ACGIH: 1997 NOIC: A3 

Studies have shown that similar products produce skin tumors In laboratory animals following repeated 

applications without washing or removal. The·significance of this finding to human exposure has not been 

determined. Other studies with active skin carcinogens have shown that washing the animal's skin with 

soap and water between applications reduced tumor formation. 

MUTAGENICITY (genetic effects) 

This material has been positive in a mutagenicity study. 

112. ECOLOGICAL INFORMATION (rev. Jan~98) 

Keep out of sewers, drainage areas, and waterways. Report spills and releases, as applicable, under 

Federal and State regulations. 

113. DISPOSAL CON.SIOERATIONS (rev. Jan~98) 

Consult federal, state and local waste regulations to determine appropriate disposal options. 

I 14. TRANSPORTATION INFORMATION (rev. Jan~98) 

PROPER SHIPPING NAME: Diesel Fuel 

HAZARD CLASS and PACKING GROUP: 3, PG Ill 

DOT IDENTIFICATION NUMBER: NA 1993 

DOT SHIPPING LABEL: None 

l15. REGULATORY INFORMATION ~rev. Feb..01) 

U.S. FEOJ?RAL. STATE. and LOCAL RE@ULATOf!YlNFORMATION 

This product and its constituents listed herein are on the EPA TSCA Inventory. Any spill or uncontrolled 

release of this product, including any substantial threat of release, may be subject to federal, state and/or 

local reporting requirements. This product and/or Its constituents may also be subject to other regulations 

at the state and/or tocallevel. Consult those regulations applicable to your facility/operation. 

CLEAN WATER ACT COIL SPILLS) 

Any spill or release of this product to "navigable waters" (essentially any surface water, including certain 

wetlands) or adjoining shorelines sufftcient to cause a visible sheen or deposit of a sludge or emulsion 

must be reported immediately to the National Response Center (1-800-424-8802) or, if not practiCal, the 

U.S. Coast Guard with follow-up to the. National Response center, as required by U.S. Federal Law. Also 

contact appropriate state and local regulatory agencies as required. 

CERCLA SECTION 103 and SARA SECTION 3Q;4 (RELEASE TO THE EftVIftONMENT) 

The CERCLA ciefsnition of hazardous substances contains a "petroleum exclusi0ri11 clause which exempts 

crude oil, refined, and unrefined petroleum products and any indigenous components of such. However, 

other federal reporting requirement$ (e.g., SARA ~n 304 as well as the Clean Water Act if the spill 

occurs on navigable waters) may still apply. · 

Revision Date: 02128101 Page5of7 
HOVENSA 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDS No. 1797 

SARA SECTION 311/312 • HAZARD CLASSES 

ACUTE HEALTH CHRONIC HEALTH FIRE SUDDEN RELEASE OF PRESSURE REACTIVE 

X X X 

SARA SECTION 313 -SUPPLIER NOTIFICATION 

This product may contain listed chemicals below the de minimis levels which therefore are not subject to 

the supplier notification requirements of Section 313 of the Emergency Planning and Community Right· ToKnow Act (EPCRA) of 1986 and of 40 CFR 372. If you may be required to report releases of chemicals 

listed in 40 CFR 372.28, you may contact HOVEN SA if you require additional information regarding this 

product. 

CANADIAN REGULATORY INFORMATION <WHMIS) 

Class B. Division 3 (Combustible Liquid) and Class D. Division 2, Subdivision 8 (Toxic by other means) 

!16. OTHER INFORMATION (rev. Feb-01) 

NFPA® HAZARD RATING HEALTH: 0 Negligible 

FIRE: 2 Moderate 

REACTIVITY: 0 Negligible 

HMIS® HAZARD RATING HEALTH: 1 * Slight 

FIRE: 2 Moderate 

REACTIVITY: 0 Negligible 

*Chronic 

SUPERSEDES MSDS DATED: 01/25/99 

ABBREVIATIONS: 

AP ::: Approximately < = Less than > = Greater than 

NIA = Not Applicable N/D = Not Determined ppm = parts per million 

ACRONYMS: 

ACGIH American Conference of Governmental 

AIHA 

ANSI 

API 

Industrial Hygienists 

American Industrial Hygiene Association 

American National Standards Institute 

(212) 642-4900 

American Petroleum Institute 

(202) 682-8000 

CERCLA Comprehensive Emergency Response, 

DOT 

EPA 

HMIS 

I ARC 

Compensation, and Liability Act 

U.S. Department of Transportation 

[General info: (800) 467-49221 

U.S. Environmental Protection Agency 

Hazardous Materials Information System 

International Agency For Research On 

Cancer 

MSHA Mine Safety and Health Administration 

NFPA National Fire Protection Association 

(617)770-3000 

NlOSH National Institute of Occupational Safety 

NOIC 

and Health 

Notice of Intended Change (proposed 

change to ACGIH TL V) 

Revision Date; 02/28/01 

NTP 

OPA 

OSHA 

PEL 

RCRA 

REL 

SARA 

SCBA 

SPCC 

STEL 

TLV 

TSCA 

TWA 

WEEL 

National Toxicology Program 

Oil Pollution Act of 1990 

U.S. Occupational Safety & Health 

Administration 

Permissible Exposure Limit (OSHA) 

Resource Conservation and Recovery 

Act 

Recommended Exposure Limit (NIOSH) 

SUJ)erfund Amendments and 

Reauthorization Act of 1986 Title Ill 

Self--Contained Breathing Apparatus 

Spill Prevention, Control, and 

Countermeasures 

Short-Term Exposure Limit (generally 15 

minutes) 

Threshold Limit Value (ACGIH) 

ToxiC Substances Control Act 

Time Weighted Average (8 hr.) 

Workplace Environmental Exposure 

Level (AIHA} 

WHMIS . Canadian Workplace Hazardous 

Materials Information System 

Page6 of7 
HOVENSA 

MSDS No. 1797 Low Sulfur Diesel Fuel 

MATERIAL SAFETY DATA SHEET 

DISCLAIMER OF EXPRESSED AN,D IMPUEQ WARRANTIES 

Information presented herein has been oomplled from sources considered to be dependable, and is accurate and reliable to the 

beSt of our knowledge and belief. but Is not guaranteed to be so. Since conditions of use are beyond our contr91. we make no 

warranties. expressed or implied, except those that may be contained In our written contract of sale or acknowledgment. 

Vendor assumes no responsibility for injury to vendee or third persons proximately caused by the material if reasonable safety 

procedures are not adhered to as stipulated In the data sheet. AddltionaHy, vendor assumes no responsibility for Injury to vendee 

or third persons proximately caused by abnormal use of the material, even If reasonable safety procedures are follOWed. 

Furthermore, vendee assumes the risk in their use of the material. 

Revision Date: 02128/01 Page 7of7 
i' 

rr j I 

i: 

! I \ i f. 

l i l i .. I 

; I 

i .. 

I ~-\1\Q~ ~(J . ._ .. --~tL __ .. ___ i ... ~9.------- ___ :g. ~-~ ·--'1· -·· ·-·- .... t ~ 

,~. .. ____ ......_,__. ___ .. ij 

~"~ ~-lsrh~-~-~···-· ·--............ _. 1- ~---~-+~Jt:?: .. .. Q08?, Q .. _, ·- . 

lj 

li I 

I 

I j( i ' !• ~-~-=~·! 

NUMBER & SIZE OF PROPER SH!PPiNG 1 '-iAZA.RD CLASS ANO U.N. 10. i PACKING i! 

SAMPLES NAME I SUBSlD'Y' NUMBER i GROUP J1 

(172.101 Column 2] [172.1 01 Column 3] [172.101 Column 4) j f\72.Hl1 Coiumn>:iJ I ... ·~= 

-z_y:_ LQT J:>~( ~-- 3 t-wz_ --+-~ I ---·-+--· 

J -

--- --~~+ ·w-. _.......,_,"_"' -.1.-----·---1 ·---~--- __ ' --·~·-.------1 

IF NON-HAZARDOUS AND HAZARDOUS MATERIALS ARE LISTED ON THE SAME BILL OF LADING. THE HAZARDOUS 

MATERIALS MUST BE LISTED FIRST OR WRITTEN IN A CLEARLY CONTRASTING COLOR 

* IF APPliCABLE 

EMERGENCY {SPILL, LEAK, FIRE, EXPOSURE OR ACCIDENT] 

24 HOUR TELEPHONE - CALL CHEMTREC 

TOLL FREE USA 1-800-424-9300 .,.__ 

This is to certify that the above named materials are properly classified, described, packaged, 

marked, and labeled andare in proper condition for transportation according to the applicable 

CARRIER: 

regulations of the Department of Transportation 

~Q~ioJ) ~Cuu_ --= 

(~h~s~J -:::7 

DATE: (Q-- "C) -r:J! ------ _ _,____ 

... . --·,-·. 

CONSULT SGS SAFEfY PROGRAM 

SAMPLE LABELING : Section 6.4.2 & 9.3.6 

SAMPLE PACKiNG Section 6 4.4 & 9.3 8 

SAMPLE TRANSPORT 

SAMPLE SHlPP!NG 

: Section 6.4.4 & 9.3.8 

. Sectlo•'l 6 4.4 & 9,3 8 

EXH1Bit_..35 ...... ---

... ,._ .,.._, ...., ..... , -

I 

I 

l 

I 

ll !. JJ 
ii 

...... 

Sym· 

bois 

(1) 

.... 

Hazardous materials descriptions and proper shipping 

names 

(2) 

1.2·Dichloropropane .................. 1,3·Dichloropropanol-2 .............. 

Dichloropropene and propylene 

dichloride mixture, see 1,2· 

Dichloropropane. 

Dichloropropenes ........... : .......... 

••••••ooooooooooo••••••••••••••••••••oouo•••••••••• 

Dichlorosilane ............................ 

1,2-Dichloro-1,1,2,2-

tetrafluoroethane or Refrigerant gas A 114. 

Dichlorovinylch/oroarsine ........... Dicycloheptadif)ne, see 8icyclo 

[2,2,1] hepta-2,5-dlene, stabilized. 

Dicyclohexylamine ..................... 

Dicyclohexytammonium nitrite ... Dlcyctopentadiene ..................... 

Didymium nitrate ....................... 

Diesel fuel .................................. 

Diesel fuel .................................. 

Diethanol · nitrosamine dinltrate 

(dry}. 

Diethoxymethane ....................... 

3,3-Dlethoxypropene , ................ 

Diethyl carbonate ...................... 

Diethyl ce/Joso/ve, see Ethylene 

glycol diethyl ether. 

Diethyl ether or Ethyl ether ....... 

Dlethyl ketone ............................ 

Dlethyl peroxydlcarbonate, with 

more than 27 percent in solution. 

Diethyl sulfate ............................ Diethyl sulfide ............................ 

§ 172.101 HAZARDOUS MATEAfALS TABLE-Continued 

(8) 

Hazard ldenti· 

class or fication PG Label Special provisions (§ 173.*** 

Division Numbers Codes (§ 172.102) 

Excep- Non· 

tions bulk 

(3) (4) (5) (6) (7) (SA) (88) 

3 UN1279 II 3 ······· 182, N36, T4, TP1 150 ........ 202 ... 

6.1 UN2750 II 6.1 .... 182, T7, TP2 153 ........ 202 ... 

················ ........... ............ ······· 

3 UN2047 II 3 ....... 182, T4, TP1 150 ........ 202 ... 

················ Ill 3 ....... 81, 183, T2, TP1 150 ........ 203 ... 

2.3 UN2189 ........ 2.3, 2, 89, 814 None ..... 304 ... 

2.1, 

8. 

2.2 UN1958 ........ 2.2 .... T50 306 ........ 304 ... 

Forbidden ··········· ............ ······· 

················ ........... ............ ....... 

8 UN2565 Ill 8 .. , .... 183, T4, TP1 154 ........ 203 ... 

4.1 UN2687 Ill 4.1 .... IP3, T1, TP33 151 ........ 213 ... 

3 UN2048 Ill 3 ....... 81, 183, T2, TP1 150 ........ 203 ... 

5.1 UN1465 Ill 5.1 .... A 1, 168, IP3, T1, TP33 152 ........ 213 ... 

3 NA1993 Ill None 144, 81, 183, T4, TP1, 150 ........ 203 ... 

TP29 

3 UN1202 Ill 3 ....... 144, 81, 183, T2, TP1 150 ........ 203 ... 

Forbidden ........... ............ . ...... 

3 UN2373 II 3 ....... 182, T4, TP1 150 ........ 202 ... 

3 UN2374 II 3 ....... 182, T4, TP1 150 ........ 202 ... 

3 UN2366 Ill 3 ....... 81, 183, T2, TP1 150 ........ 203 ... 

................ ........... ............ .. ..... 

3 UN1155 I 3 ....... T11, TP2 150 ........ 201 ... 

3 UN1156 II 3 ....... 182, T4, TP1 150 ........ 202 .... 

Forbidden ........... ............ .. ..... 

6.1 UN1594 II 6.1 .... 182, T7, TP2 153 ........ 202 ... 

3 UN2375 II 3 ....... 182, T7, TP1, TP13 None ..... 202 ... 

(9) 

Quantity limitations 

(see§§ 173.27 and 

175.75) 

Bulk Passenger 

aircraft/rail era only 

(8C) (9A) (98) 

242 .... 5L 60L 

243 .... 5L 60L 

. ....... .................. .................. 

242 .... 5L SOL 

242 .... 60L 220 L 

314, Forbidden Forbidden 

315. 

314, 75 kg 150 kg 

315 . 

........ 

·················· ·················· 

.. ...... .................. .................. 

241 .... 5L 60L 240 .... 25 kg 100 kg 

242 .... 60L 220 L 

240 .... 25 kg 100 kg 

242 .... SOL 220L 

242 .... 60L 220 L 

.. ...... .................. .................. 

242 .... 5L 60L 242 .... 5L 60L 242 .... 60L 220 L 

. ....... . ................. .................. 

243 .... 1 L 30L 

242 .... 5L SOL 

. ....... .................. .................. 

243 .... 5L 60 L 

243 .... 5L 60L 
§ 172.101 HAZARDOUS MATERIALS TABLE-Continued 

(8) (9) 

Hazardous materials descrip- I Hazaro I ldenti- I I I I Packaginy Quantity limitation

Sym-j class or fication PG Label Special provisions (§ 173.··· (see§§ 173.27 an

bois lions and proper shipping 

Division Numbers · Codes (§ 172.102) 175.75) names I Excep- Non- 

lions bulk Bulk Passenger Carfc 

aircraft/rail era o

(1) I (2) (3) (4) (5) (6) (7) (SA) (88) (8C) (9A) (98

5

Fuel cell cartridges or Fuel cell 4.3 UN3476 ........ 4.3 .... ........................................ 230 ........ 230 ... 230 .... 5 kg 

cartridges contained in equipmant or Fuel cell cartridges 

packed with equipment, COl)· 

taining water-reactive substances . 

... D 1 Fuel oil (No.1, 2, 4, 5, orB) ...... , 31 NA1993 I Ill I 3 ....... I 144, 81, 183, T4, TP1, I 150 ........ I 203 ... I 242 .... I 60 L I 2

TP29 

Fuel system components (tn· ................ 

eluding fuel control units 

(FCU), carburetors, fuel lines, 

I 

fuel pumps) see Dangerous 

Goods in Apparatus or Dan- 0:1 gerous Goods in Machinery. 

Fulminate of mercury (dr}t) ........ , Forbidden 

Fulminate of mercury, wet, see ................ 

Mercury fulminate, etc. 

Fulminating gold ..... 

Fulminating mercuiy 

Fulminating platinum ................. t-ort:>ldden ........... . ........... ....... . ....... oooooHoooooo••••• ··········Fulminating silver ...................... Forbidden ........... .. .......... . ...... . ....... .................. ..........

Fulminic acid ............................. Forbidden ........... ............ ······· ........ o0000000000oo>00H ··········

Fumaryl chloride ........................ 8 UN1780 II 8 ....... 82, 182, T7, TP2 154 ........ 202 ... 242 .... 1 L 

Fumigated fading, see 

················ ...... .. ...... . ................. . .........

........... ............ 

§§ 172.302(g), 173.9 and 

176.76(h). 

Fumigated transport vehicle or 

freight container see § 173.9. 

Furaldehydes ............................. 6.1 UN1199 II 6.1, 3 182, T7, TP2 153 ........ 202 ... 243 .... 5L Furan 

......................................... 3 UN2389 I 3 ....... T12, TP2, TP13 None ..... 201 ... 243 .... 1 L 

Furfuryl 

Furfurylamine 

alcohol 

............................. 

.......................... 6.1 

3 

UN2874 

UN2526 

Ill 

Ill 3, 

6.1 

8 

.... 

... 81, 

183, 

183, 

T4, 

T4, 

TP1 TP1 

153 

150 

........ 

........ 

203 

203 ... 

... 241 

242 

.... 

.... 

60 

5L 

L 2

Fuse, detonating, metal clad, 0000h0000000000 

see Coro, detonating, metal 

clad. 

Fuse, detonating, . mild effect, .. .. . . . .... .. ... ........... ............ .. ..... . ....... .................. ..........

metal clad, see Coro, deto- 

nating, mild effect, metal clad. 
Henry E. Rohlsen Airport, RR #2-9922 

Kingshi/1, St. Croix, VI 00850-9702 

Date: November 02, 2009 

MEMORANDUM FOR: Hazmat Materials 

FROM: CBPO Renael Steele 

TO: FAA Hazmat Coordinator Juan Boulted 

CC: SCBPO Preston Tutein 

SUBJECT: Detention of Fuel Oil 

On October 21, 2009 at 1535, while inspecting cargo from Coastal Air flight #413, an unmanifested box was found with no identifying markings. After checking with the four passengers 

that arrived on the same flight, it was determined that it was cargo. Upon opening the box, two 

plastic bags were found labeled "Hazmatpac". Upon opening the bags, two bottles approximately 

750ml each were found labeled fuel oil UN#1993 that contained a liquid substance. The 

contents appeared to be ha;z:ardous materials. There was no MSDS, no packing slips or any 

hazardous markings or warnings labeled on box. Unaware of the actual contents, CBPO Steele 

and CBP AS Arroyo questioned Michael Foster, pilot of Coastal Air about the box and its 

contents. Mr. Foster stated that it was fuel oil and he brought it in for SGS, a company in St. 

Croix, USVI. Mr. Foster was asked why the box was not manifested and stated that he forgot to 

put it on the manifest. Mr. Foster then amended the manifest and added the box with the 

description as samples. SCBPO Tutein was contacted and advised of the contents found. As per 

SCBPO Tutein, the box was detained for further advisement on contents and shipping 

requirements. The items were detained by CBPO Steele on form 6051 D #617246. 

The following day, October 22, 2009, SGS faxed CBP a certificate of analysis and a bill of 

lading stating that the samples are diesel fuel UN#1202. 

EXHIBrr_1 ........ _ 
, •. S. DEPARTMENT OF TRANSPORTATlOl\t 

FEDERAL AVIATION ADMINISTRATION 

CIVIL AVIATION SECURITY 

Photograph provided by Tutein PRESTON, CBP Supervisory Oft1cer, HENRY ROHLSEN 

AIRPORT (STX), Saint Croix, USVI. Photograph shows the fiberboard box which contained the 

shipment of Gas Oil, Class 3, UN1202, PG-Ill. Observe the lack ofhazmat markings and 

communication 

labels. 

EXHIBit_ . ......-~----

(Public availability to be determine 

under 5 U.S.C. 532) 
v.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

CIVIL AVIATION SECURITY 

Photograph provided by Tutein PRESTON, CBP Supervisory Officer, HENRY ROHLSEN 

AIRPORT (STX), Saint Croix, USVL Photograph shows the fiberboard box which contained the 

shipment of Gas Oil, Class 3, UN 1202, PG-III. Observe tbe lack of hazmat markings and 

communication labels. 

under 5 U.S.C. 532) 
,_,.S. DEPARTMENT OF .TRANSPORT A TI01'-l 

FEDERAL A VIATlON ADMINISTRATION 

ClVIL A VIA TlON SECURffY 

Photograph provided by Tutein PRESTON, CBP Supervisory Officer, HENRY ROHLSEN 

AIRPORT (STX), Saint Croix, USVL Photograph shows a box and two plastic bags which contained 

two bottles containing Gas Oil, Class 3, UN1202, PG~III. 

under 5 U.S.C. 532) 
u.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

CIVIL AVIATION SECURITY 

Photograph provided by Tutein PRESTON, CBP Supervisory Officer, HENRY E. ROHLSEN 

AIRPORT (STX), Saint Croix, USVI. Photograph shows two orange labels attached to two bottles 

which contained Oil, Class 3, UNl PG-IIL 

(Public availability to be determine 

under 5 U.S.C. 532) 
u.S. DEPARTMENT OF TRANSPORTATION 

AVIATION ADMINISTRATION 

CIVIL AVIATION SECURITY 

Photograph provided by Tutein PRESTON, CBP Supervisory Officer, HENRY E. ROHLSEN 

AIRPORT (STX), Saint Croix, USVI. Close-up photograph showing two orange labels attached to 

two bottles which contained Gas Oil, 3, UN1 PG-Ill. 

(Public availability to be determine 

under 5 U.S.C. 
u.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

CIVIL t\VIAT!ON SECURITY 

Photograph provided by Tutein PRESTON, CBP Supervisory Officer, HENRY E. ROHLSEN 

AIRPORT (STX), Saint Croix, USVI. Photograph shows the fiberboard box which contained the 

shipment of Oil, Class 3, UN1202, PO~ HI. Observe the lack hazmat markings and 

communication labels. 

under 5 USC. 532) 
u.S. DEPARTMENT OF TRANSPORTATION 

"''"'·"~"'".A VIATJON ADMlN!STR.t\TION 

CIVIL AVIATION SECURITY 

Photograph provided by Tutein PRESTON, CBP Supervisory Officer, HENRY ROHLSEN 

AIRPORT (STX), Saint Croix, USVL Photograph shows a plastic bag which contained 

One bottle containing Oil, Class UN1202, PG-IIL 

to be determine 

under 5 U.S.C. 532) 
u.S. DEPARTMENT OF TRANSPORT A TlON 

FEDERAL AVIATION ADMINISTRATION 

CIVIL A VIATlON SECU!UTY 

Photograph provided by Tutein PRESTON, CBP Supervisory Officer, HENRY E. RUHLS.EN 

AIRPORT (STX), Saint Croix, USVL Photograph shows the fiberboard box which contained the 

shipment of Gas OiL 3, UN1202, PG-IIL Observe the lack ofhazmat markings and 

communication labels. 

(Public availability to be determine 

under 5 U.S.C. 
u.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

C:tV!L AV!ATlON SECURiTY 

Photograph provided by Tutein PRESTON, CBP Supervisory Officer, llENRY E. ROHLSEN 

AIRPORT (STX), Saint Croix, USVI. Photograph shows the fiberboard box which contained the 

shipment of Gas Oil, Class 3, UN 1202, PG-IIL Observe the lack of hazmat markings and 

communication labels. 
/· 

FAA NATIONAL OPERATIONS AND TRAINING 

MANUAL FOR THE NON-ACCEPTANCE AND 

NON-TRANSPORT OF DANGEROUS GOODS IN 

AIR TRANSPORTATION 

Coastal Air Transport 

(Air Carrier Name) 

AT 761-109 

(Certificate Number) 

227 Rosegate, Box 3985 

(Physical Address) 

Christiansted, St Croix, Virgin Islands 00822 

(City) (State) (Zip Code) 

(340)773-6862 

(Telephone) 

/J , Ar-~ - \..~L~. (Signature Block) 

Corporate Officer 

(340)773-6862 

(Fax) 

~G1;Jg (Signature Block) 

Responsible Hazardous Materials 

Officer 

Statement of Intent: Air Carrier WILL NOT ACCEPT Dangerous Goods (DG) 

for Air Transport 

Will Transport Commercial DG? 0 NO 

Will Transport Own DG Company Material (COMA T)? 0 

~~IE~ Recommend Acceptance/ Approval 

AAS Dangerous Goods Coordinator 

YV~k .:<o1 ;crc;t; 

FAA APPROVAL 

~~~ SIGNATURE:: = = l ,: . ,, I y, 

ToPI:L 

· EXHIBIT.-'i;:.,..._ 
10/01/07 

OFFENSE 

CATEGORIES 

I. Declared Shi(!ment 

I. Shipping Papers 

2. Labels 

3. Markings 

4. Packaging 

5. Training 

6. Emerg. Response 

7. Release into Environ. 

8. Other 

II. Undeclared Shil!ment 

Within Hazmat 

Quantill: Limitations 

I. Shipping Papers 

2. Labels 

3. Markings 

4. Packaging 

5. Training 

6. Emerg. Response 

7. Release into Environ. 

8. Other 

III. Undeclared 

Shil!ment 

Hazmat Forbidden on, 

or exceeds gU: limits for, 

Passen&er Aircraft 

l. Shipping Papers 

2. Labels 

3. Markings 

4. Packaging 

5. Training 

6. Emerg. Response 

7. Release into Environ. 

8. Other 

IV. Undeclared 

Shipment 

Forbidds:n on, or 

exceeds gD: limits for, 

All Aircraft 

l. Shipping Papers 

2. Labels 

3. Markings 

4. Packaging 

5. Training 

6. Emerg. Response 

7. Release into Environ. 

8. Other 

V. Intentional or 

MATRIX & DEFINITIONS 

(Figure C-1) 

C. Business Entity 

that uses or handles 

A. Individual* B. Business Entity hazmat in the 

course of business 

250-550 250-1,100 500-2,200 

250-550 250-1,100 500-2,200 

250-550 250-1,100 500-2.200 

250-550 250-1,100 500-2,200 

---------- 450-1,100 500-2,200 

250-550 250-1,100 500-2,200 

250-550 250-1,100 500-2,200 

250-550 250-1,100 500-2,200 

250-1,100 I ,500-8,200 . 2,500-11 ,000 

250-1,100 I ,500-8,200 2,500-11,000 

250-1,100 I ,500-8,200 2,500-11 ,000 

250-1,100 I ,500-8,200 2,500-11,000 

------------- I ,500~8;200 2,500-11,000 

250-1,100 I ,500-8,200 2,500-11,000 

250-1,100 1,500-8,200 2,500-11 ,000 

250-1,100 I ,500-8,200 2,500-11,000 

500-5,500 5,000-16,200 7,500-22,000 

500-5,500 5,000-16,200 7,500-22,000 

500-5,500 5,000-16,200 7,500-22,000 

500-5,500 5;000-16,200 7,500-22,000 

---·------ 5,000-16,200 7,500-22,000 

500-5,500 5,000-16,200 7,500-22,000 

500-5,500 5,000-16,200 7,500-22,000 

500-5,500 5,000-16,200 7,500-22,000 

500-32,500 7,500-32,500 I 0,000-32,500 

500-32,500 7,500-32,500 l 0,000-32,500 

500-32,500 7,500-32,500 10,000-32,500 

500-32,500 7,500-32,500 10,000-32,500 

---------- 7,500-32,500 10,000-32,500 

500-32,500 7,500-32,500 10,000-32,500 

500-32,500 7,500-32,500 l 0,000-32,500 

500-32,500 7,500-32,500 l 0,000-32,500 

CONSULT CONSULT CONSULT 

C-12 

2150.38 

D. Business Entity 

that regularly 

offers. accepts, or 

transports hazmat 

1,000-5,500 

1,000-5,500 

1,000-5.500 

1,000-5,500 

1,000-5,500 

I ,000-5,500 

I ,000-5,500 

I ,000-5,500 

5,000-13,000 

5,000-13,000 

5,000-13,000 

5,000-13,000 

5,000-13,000 

5,000-13,000 

5,000-13,000 

5,000-13,000 

I 0,000-32,500 

I 0,000-32,500 

10,000-32,500 

l 0,000-32,500 

l 0,000-32,500 

l 0,000-32,500 

l 0;000-32,500 

10,000-32,500 

15,000-32,500 

15,000-32,500 

15,000-32,500 

15,000-32,500 

15,000-32,500 

15,000-32,500 

15,000-32,500 

15,000-32,500 

CONSULT 

EXHIB\t___...~o,:l Q....,__ 

l . 
10/01/07 2150.38 

Delibera!e Violations or LEGAL- Up to LEGAL- Up to LEGAL- Up to LEGAL- Up to 

otbe'r sia:nificant 50,000 per offense 50,000 per offense 50,000 per offense 50,000 per offense 

aa:a:ravation category may be category may be category may be category may be 

assessed assessed assessed assessed 

VI. Violation results in CONSULT CONSULT CONSULT CONSULT 

deaths serious illness1 LEGAL- Up to LEGAL- Up to LEGAL- Up to LEGAL- Up to 

severe injurr1 or 100,000 per I 00,000 per I 00,000 per offense 100.000 may be 

substantial destruction offense category offense category category may be assessed 

oforooertv may be assessed may be assessed assessed 

h. *Sanctions applicable to air carrier and commercial operator passengers and 

crewmembets. The range for the total civil penalty to be assessed, absent mitigating or 

aggravating factors, is $250 (the statutory minimum) to $1,000. 

E. Group I & II F. Group Ill & IV 

AIR CARRIER AND OTHER AIRCRAFT Air Carriers and Air Carriers and 

OPERA TOR VIOLATIONS Other Aircraft Other Aircraft 

Operators Operators 

Failure to comply with Parts 171, 172, or 173 Use main Matrix. Use main Matrix. 

requirements of the HMR as an offeror of hazmat. 

Improper acceptance of hazmat for air transportation. 

(i.e., quantity, labeling, marking, packaging, and 5,000-32,500 2,500-16,200 

shipping papers) 

See 49 C.F.R. §§ I75.30(a)(I)- (4) 

Failure to inspect hazmat shipment properly. I 0,000-32,500 5,000-16,200 

See 49 C.F.R. §§ I75.30(b), (c), (d), (e) 

Improper storage/securing of hazmat aboard aircraft. I 0,000-32,500 5,000-I6,200 

Failure to provide hazmat training, maintain records of I 0,000-32,500 5,000-16,200 

training, or meet minimum requirements for hazmat 

training ( 49 C.F.R.). 

Using untrained/improperly trained hazmat personnel, I 0,000-32,500 5,000-16,200 

failure to retain hazmat training records (49 C.F.R.) 

Failure to notify FAA properly of incident/discrepancies 5,000-16,200 I ,000-5,500 

in hazmat sh!Qment. 

Failure to provide notice to the pilot-in-command. 5,000-I6,200 I,000-5,500 

Other Part I75 violations. 5,000-16,200 I,000-5,500 

Intentional, deliberate, or other significantly aggravated CONSULT CONSULT LEGAL 

violation. LEGAL- Up to - Up to 50,000 per 

50,000 per offense category 

offense category may be assessed 

may be assessed 

Violation results in death, serious illness, severe injury, or CONSULT CONSULT LEGAL 

substantial destruction of property. LEGAL- Up to -Up to I 00,000 per 

100,000 per offense category 

offense category may be assessed 

ffi'!Y be assessed 

C-13 

EXHIBIT.___..\._\ ___. 
• 

10/01/07 2150.38 

(I) VIOLATION COMMITTED BY U.S. AIR CARRIERS OR U.S. COMMERCIAL 

OPERATOR. 

CLASSIFICATION OF AIR CARRIER AND OPERA TOR 

GROUP I- Each air carrier operating under part 121 or part 135, with an annual operating 

revenue of $100,000,000 or more. Operating revenue is determined by reference to DOT's 

"Air Carrier Industry Scheduled Service Traffic Statistics Quarterly." See 

http://ostpxweb.dot.gov/aviationlindex.html, and click on "Airline Financial Review." 

GROUP II- Each air carrier or commercial operator operating under part 121 with an annual 

operating revenue of less than $100,000,000, or under part 135 with an annual operating 

revenue of less than $100,000,000, if the 135 operator has 50 or more pilots and 25 or more 

aircraft on its operations specifications. Operating revenue is determined by reference to 

DOT's "Air Carrier Industry Scheduled Service Traffic Statistics Quarterly." 

GROUP lil- Each air carrier or commercial operator operating under part 135 with 6 to 49 

pilots or 6 to 24 aircraft. 

GROUP IV- Each air carrier or commercial operator operating under part 135 with no more 

than 5 pilots and no more than 5 aircraft. 

GROUP I- large business concern 

Maximum 

Moderate 

Minimum 

$18,750-$25,000 

$10,000-$18,749 

$2,000-$9,999 

GROUP I- small business concern (for violations covered under 49 U.S.C. 

§ 46301(a)(5)(A)): 

Maximum 

Moderate 

Minimum 

$8,250-$11,000 

$4,400-$8,249 

$1' 100-$4,399 

GROUP I- small business concern (for violations covered under 49 U.S.C. § 46301(a)(l)(A) 

or (B) but not under 49 U.S.C. § 4630l(a)(5)(A)): 

Maximum 

Moderate 

Minimum 

$850-$1' l 00 

$650-$849 

$500$649 

GROUP 11-large business concern: 

8-3 

EXHIBit____,;,l_l_ 
• 

., 

Pipeline and Hozordous Materials Safety Admin., DOT §175.10 

flood control, or avalanche control purposes, when the following requirements 

are met: 

(i) Operations may not be conducted 

over densely populated areas, in a congested airway, 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 assigned 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. 

(iv) 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 Exceptions for passengers, 

crewmembers, and air operators. 

(a) This subchapter does not apply to 

the following hazardous materials 

when carried by aircraft passengers or 

crewmembers provided the requirements of §§171.15 and 171.16 (see paragraph (c) of this section) and the requirements of this section are met: 

(1) (i) Non-radioactive medicinal and 

toilet articles for personal use (including aerosols) carried in carry-on and 

checked baggage. Release devices on 

aerosols must be protected by a cap or 

other suitable means to prevent inadvertent release; 

(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 carry-on baggage only. Lighter fuel, 

lighter refills, and lighters containing 

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 

one's person or in carry-on baggage. 

(6) Hair curlers (curling irons) containing a hydrocarbon gas such as butane, no more than one per person, in 

carry-on or checked baggage. The safety cover must be securely fitted over 

the heating element. Gas refills for 

such curlers are not permitted in 

carry-on or checked baggage. 

(7) A small medical or clinical mercury thermometer for personal use, 

when carried in a protective case in 

carry-on or checked baggage. 

(8) Small arms ammunition for personal use carried by a crewmember or 

passenger in checked. baggage only, if 

757 

EXHIB1T._I.;:....-.3:o..-· -
§ 175.10 

securely packed in boxes or other packagings specifically designed to carry 

small amounts of ammunition. Ammunition clips and magazines must also 

be securely boxed. This paragraph does 

not apply to persons traveling under 

the provisions of 49 CFR 1544.219. 

(9) One self-defense spray (see § 171.8 

of this subchapter), not exceeding 118 

mL (4 fluid ounces) by volume, that incorporates a positive means to prevent 

accidental discharge may be carried in 

checked baggage only. 

(10) Dry ice (carbon dioxide, solid), 

with the approval of the operator: 

(i) Quantities may not exceed 2.5 kg 

(5.5 pounds) per person when used to 

pack perishables not subject to the 

HMR. The package must permit therelease of carbon dioxide gas; and 

(ii) When carried in checked baggage, 

each package is marked "DRY ICE" or 

"CARBON DIOXIDE, SOLID," and 

marked with the net weight of dry ice 

or an indication the net weight is 2.5 

kg (5.5 pounds) or less. 

(11) A self-inflating life jacket fitted 

with no more than two small gas cartridges (containing no hazardous material other than a Div. 2.2 gas) for inflation purposes plus no more than two 

spare cartridges. The lifejacket and 

spare cartridges may be carried in 

carry-on or checked baggage, with the 

approval of the aircraft operator. 

(12) Small compressed gas cylinders 

of Division 2.2 (containing no hazardous material other than a Division 

2.2 gas) worn by the passenger for the 

operation of mechanical limbs and, in 

carry-on and checked baggage, spare 

cylinders of a similar size for the same 

purpose in sufficient quantities to ensure an adequate supply for the duration of the journey. 

(13) A mercury barometer or thermometer carried as carry-on baggage, 

by a representative of a government 

weather bureau or similar official 

agency, provided that individual advises the operator of the presence of 

the barometer or thermometer in his 

baggage. The barometer or thermometer must be packaged in a strong 

packaging having a sealed inner liner 

or bag of strong, leak proof and puncture-resistant material impervious to 

mercury, which will prevent the escape 

49 CFR Ch. I (1 0-1-11 Edition) 

of mercury from the package in any position. 

(14) Electrically powered heat-producing articles (e.g., battery-operated 

equipment such as diving lamps and 

soldering equipment) as carry-on baggage only and with the approval. of the 

operator of the aircraft. The heat-producing component, or the energy 

source, must be removed to prevent unintentional functioning during transport. 

(15) A wheelchair or other batterypowered mobility aid equipped with a 

nonspillable battery, when carried as 

checked baggage, provided-

(i) The battery meets the requirements of§ 173.159a(d) of this subchapter 

for non-spillable batteries; 

(ii) Visual inspection including removal of the battery, where necessary, 

reveals no obvious defects (removal of 

the battery from the housing should be 

performed by qualified airline personnel only); 

(iii) The battery is .disconnected and 

the battery terminals are protected to 

prevent short circuits, unless the 

wheelchair or mobility aid design provides an effective means of preventing 

unintentional activation, and 

(iv) The battery is-

(A) Securely attached to the wheelchair or mobility aid; 

(B) Is removed and placed in a strong, 

rigid packaging marked "NONSPILLABLE BATTERY" (unless fully enclosed in a rigid housing that is properly marked); or 

(C) Is handled in accordance with 

paragraph (a)(16)(iv) of this section. 

(16) A wheelchair or other batterypowered mobility aid equipped with a 

spillable battery, when carried as 

checked baggage, provided-

(i) Visual inspection including removal of the battery, where necessary, 

reveals no obvious defects (however, removal of the battery from the housing 

should be performed by qualified airline personnel only); 

(ii) The battery is disconnected and 

terminals are insulated to prevent 

short circuits; 

(iii) The pilot-in-command is advised, 

either orally or in writing, prior to departure, as to the location of the battery aboard the aircraft; and 

758 
~ 

Pipeline and Hazardous Materials Safety Admin., DOT § 175.10 

(iv) The wheelchair or mobility aid is 

loaded, stowed, secured and unloaded 

in an upright position, or the battery is 

removed, and carried in a strong, rigid 

packaging under the following conditions: 

(A) The packaging must be leak-tight 

and impervious to battery fluid. An 

inner liner may be used to satisfy this 

requirement if there is absorbent material placed inside of the liner and the 

liner has a leakproof closure; 

(B) The battery must be protected 

against short circuits, secured upright 

in the packaging, and be packaged with 

enough compatible absorbent material 

to completely absorb liquid contents in 

the event of rupture of the battery; and 

(C) The packaging must be labeled 

with a CORROSIVE label, marked to 

indicate proper orientation, and 

marked with the words "Battery, wet, 

with wheelchair." 

(17) A lithium ion battery-powered 

wheelchair or other mobility aid as follows: 

(i) A wheelchair or other mobility aid 

equipped with a lithium ion battery, 

when carried as checked baggage, provided-

(A) The lithium ion battery must be 

of a type that successfully passed each 

test in the UN Manual of Tests arid Criteria as specified in §173.185 of this subchapter, unless approved by the Associate Administrator; 

(B) Visual inspection of the wheelchair or mobility aid reveals no obvious defects; 

(C) Battery terminals must be protected from short circuits (e.g., by 

being enclosed within a battery container that is securely attached to the 

mobility aid); 

(D) The pilot-in-command is advised, 

either orally or in writing, prior to departure, as to the location of the 

wheelchair or mobility aid aboard the 

aircraft; and 

(ii) A wheelchair or other mobility 

aid when carried as checked or carryon baggage, provided- (A) The wheelchair or other mobility 

aid is designed and constructed in a 

manner to allow for stowage in either a 

cargo compartment or in the passenger 

cabin; (B) The lithium ion battery and any 

spare batteries are carried in the same 

manner as spare batteries in paragraph 

(a)(18) of this section. 

(C) The lithium ion battery and any 

spare batteries are carried in the same 

manner as spare batteries in paragraph 

(a)(18) of this section. 

(18) Except as provided in § 173.21 of 

this subchapter, portable electronic devices (for example, watches, calculating machines, cameras, cellular 

phones, lap-top and notebook computers, camcorders, etc.) containing 

cells or batteries (including lithium 

cells or batteries) and spare batteries 

and cells for these devices, when carried by passengers or crew members for 

personal use. Each spare battery must 

be individually protected so as to prevent short circuits (by placement in 

original retail packaging or by otherwise insulating terminals, e.g., by taping over exposed terminals or placing 

each battery in a separate plastic bag 

or protective pouch) and carried in 

carry-on baggage only. In addition, 

each installed or spare battery must 

not exceed the following: 

(i) For a lithium metal battery, a 

lithium content of not more than 2 

grams per battery; or 

(ii) For a lithium-ion battery, an aggregate equivalent lithium content of 

not more than 8 grams per battery, except that up to two batteries with an 

aggregate equivalent lithium content 

of more than 8 grams. but not more 

than 25 grams may be carried. 

(19) Portable electronic devices (e.g., 

cellular phones, laptop computers, and 

camcorders) powered by fuel cell systems, and not more than two spare fuel 

cell cartridges per passenger or crew 

member, when transported in carry-on 

baggage for personal use under the following conditions: 

(E) The wheelchair or mobility aid is 

loaded, stowed, secured and unloaded 

in an upright position and in a manner 

that prevents unintentional activation 

and protects it from damage. 

(F) A lithium metal battery is forbidden aboard a passenger-carrying aircraft. 

(i) Fuel cell cartridges may contain 

only Division 2.1 liquefied flammable 

gas, or hydrogen in a metal hydride, 

Class 3 flammable liquids (including 

759 
§ 175.20 

methanol), Division 4.3 water reactive 

substances, or Class 8 corrosive materials; 

(ii) The maximum water capacity of 

a fuel cell cartridge for hydrogen in a 

metal hydride may not exceed 120 mL 

(4 fluid ounces). The maximum quantity of fuel in all other fuel cell cartridge types may not exceed: 

(A) 200 mL (6.76 ounces) for liquids; 

(B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic fuel cell cartridges, or 200 mL (6. 76 ounces) for liquefied gases in metal fuel cell cartridges; or 

(0) 200 g (7 ounces) for solids. 

(iii) No more than two spare fuel cell 

cartridges may be carried by a passenger; 

(iv) Fuel cells containing fuel are 

permitted in carry-on baggage only; 

(v) Fuel cell cartridges containing 

hydrogen in a metal hydride must meet 

the requirements in§ 173.230(d); 

(vi) Fuel cell cartridges may not be 

refillable by the user. Refu~ling of fuel 

cell systems is not permitted except 

that the installation of a spare cartridge is allowed. Fuel cell cartridges 

that are used to refill fuel cell systems 

but that are not designed or intended 

to remain installed (fuel cell refills) in 

a portable electronic device are not 

permitted; 

(vii) Fuel cell systems and fuel cell 

cartridges must conform to IEC/PAS 

62282-6-1 (IBR; see §171.7 of this subchapter); 

(viii) Interaction between fuel cells 

and integrated batteries in a device 

must conform to lEO/PAS 62282-6-1 

(IBR, see §171.7 of this subchapter). 

Fuel cell systems for which the sole 

function is to charge a battery in the 

device are not permitted; 

(ix) Fuel cell systems must be of a 

type that wili not charge batteries 

when the consumer electronic device is 

not in use; and 

(x) Each fuel cell cartridge and system that conforms to the requirements 

in this paragraph (a)(18) must be durably marked· by the manufacturer with 

the wording: "APPROVED FOR CARRIAGE IN AIRCRAFT CABIN ONLY" 

to certify that the fuel cell cartridge or 

system meets the specifications in IEC/ 

PAS 62282-6-1 (IBR, see §171.7 of this 

subchapter) and with the maximum 

49 CFR Ch. I (10-1-11 Edition) 

quantity and type of fuel contained in 

the cartridge or system. 

(xi) Spare fuel cell cartridges containing a flammable Uquid (Class 3) or 

corrosive material (Class 8) may be 

transported in checked baggage. 

(xii) Spare fuel cell cartridges containing liquefied flammable gas (Division 2.1), hydrogen in a metal hydride 

(Division 2.1) or water reactive material (Division 4.3) may only be transported in carry-on baggage. 

(b) The exceptions provided in paragraph (a) of this section also apply to 

aircraft operators when transporting 

passenger or crewmember baggage that 

has been separated from the passenger 

or crewmember, •including transfer to 

another carrier for transport to its 

final destination. 

(c) The requirements to submit incident reports as required under §§ 171.15 

and 171.16 of this subchapter apply to 

the air carrier. 

[71 FR 14604, Mar. 22, 2006, as amended at 71 

FR 78634, Dec. 29, 2006; 72 FR 44950, Aug. 9, 

2007; 73 FR 4719, Jan. 28, 2008; 73 FR 23367, 

Apr. 30, 3008; 74 FR 2266, Jan. 14, 2009; 75 FR 

73, Jan. 4, 2010; 76 FR 3381, Jan. 19, 2011; 76 FR 

43531, July 20, 2011] 

§ 175.20 Compliance and training. 

An air carrier may not transport a 

hazardous material by aircraft unless 

each of its hazmat employees involved 

in that transportation is trained as required by subpart H of part 172 of this 

subchapter. In addition, air carriers 

must comply with all applicable hazardous materials training requirements 

in 14 CFR Part 121and 135. 

§ 175.25 Notification at air passenger 

facilities of hazardous materials restrictions. 

(a) Each person who engages in forhire air transportation of passengers 

must display notices of the requirements applicable to the carriage of 

hazardous materials aboard aircraft, 

and the penal ties for failure to comply 

with those requirements in accordance 

with this section. Each notice must be 

legible, and be prominently displayed 

so it can be seen by passengers in locations where the aircraft operator issues 

tickets, checks baggage, and maintains 

aircraft boarding areas. At a minimum, 

760