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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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IN THE MATTER OF 

COASTAL AIR TRANSPORT, INC. 

Respondent 

FAA Docket No. FAA-2011-100S 

Judge J.E.Sullivan 

FAA CASE NO. 2010SO700037 

ANSWER TO COMPLAINANT'S MOTION FOR DECISION SHOULD NOT BE GRANTED 

On August 30, 2011, the Respondent, Coastal Air Transport did respond by letter to the FAA'S . 

original complaint. We requested a hearing at that time and considered that the subsequent complaints 

would be dealt with at that hearing. Coastal Air does in fact plead NOT GUILTY to all charges made by 

the Complainant. 

On or about February 1, 2012, Coastal Air did receive.a voice.mail.message.by.phone.from.FAA.-

Atty. Rashawn George. Atty. George requested to schedule a conference. The message was answered 

the following day and we were advised that Atty. George would be out of the office for the week. The 

staff stated that Atty. George would contact us on his return. Coastal Air has only one telephone number 

and that is equipped with a full time answering machine. To date, we have received no additional 

communications from Atty. George or anyone else involved with this case. We received a FedEx 

envelope with documents after the fact dated February 21, 2012. It was sent to our Post Office box and 

as you are aware, FedEx does not deliver to Post Office boxes. This package was left at the local FBO and 

not presented to us for over a week. Coastal Air would be willing to participate in any conferences and 

awaits future dates and times. 

WHEREFORE, Respondent respectfully requests that the Complainant's MOTION FOR DECISION and 

SANCTIONS should NOT BE GRANTED. 

nd Respectfully submitted this 23 day of March 2012. 

Michael Foster 

President 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

COASTAL AIR TRANSPORT, INC., 

Respondent 

FAA Docket No. FAA-2011-1005 

Judge J.E. Sullivan 

FAA CASE NO. 2010SO700037 

MOTION TO DISMISS 

COMES NOW the Respondent, Coastal Air Transport and respectfully requests that the 

Complainant's action in the above captioned case be DISMISSED based on the following: 

1. This case at best is a minor incident. The charges listed and refuted below, completely lack any 

merit. Each charge shows the confusion and contradictions that exist regarding the facts in this 

case. Coastal Air has a 30 year violation, accident, and incident free history of commuter airline 

operations. We have voluntarily changed our procedures regarding hazardous materials. A 

warning letter in this matter would have been sufficient. 

2. In the past three years, there have been three different individuals involved in this action. Juan 

Bulted, Eddie Thomas, and Rashawn George. They have all written up their charges in somewhat 

different ways. The list keeps getting longer as if some competition exists to boost the proposed 

penalty. I will use the latest version dated September 8, 2011, prepared by Rashawn George, to 

show cause. 

11/2 States a non-specification box containing hazardous material. FALSE. In fact this was a standard 

box used regularly for small sample shipments. The two pint bottles were properly packaged and fall 

under the exemption for such small quantities. Six pack bottles of liquor are regularly carried in 

cardboard boxes, on passenger aircraft with no labels. These contain well over a gallon of flammable 

liquids. 

11/3 States shipment was un-manifested. FALSE. In fact, 11/8 & 11/9 indicate that there was a 

manifest listing this shipment and it was signed by the pilot. It is clear that there was no attempt to 

conceal any cargo. 
11/4 States CBP discovered the shipment on board Flight 413. FALSE. In fact, I carried the shipment 

into the customs area for inspection. 

11/6 States no labels on boxes. In fact I don't remember ever seeing a liquor box with labels. 

11/7,10-14 See 11/2 above. 

11/15 States pilot was not notified. FALSE. In fact, I was the pilot, carried shipment to the aircraft, 

and loaded It Into the cargo compartment. I was aware that these were small quantity, properly 

packaged samples. 

11/16 States that no emergency response number was available to pilot. FALSE. In fact, I did have 

the number for the shipper. 

11/17 See 11/2 above. 

111/1-16 See 11/2 above 

111/17-18 States a civil penalty of $59,600. Coastal Air contends that no violation occurred. Aircraft 

regularly carry small quantities of such materials with no danger to the passengers or crew. 

Coastal Air did in fact file a written answer to this Complaint on August 30, 2011. It was date' 

stamped in Eddie Thomas's office on September 2, 2011 and refused to admit guilt, asked for the 

case to be dismissed, and alternately requested a hearing. 

WHEREFORE, Respondent respectfully requests that based on this information, MOTION TO DISMISS be 

GRANTED. 

Respectfully submitted this 23"* day of March 2012. 

Michael W/Foster 

President