. U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF: 

COASTAL AIR TRANSPORT, INC. 

Respondent. 

Zfli? 

FAA Docket No. FAA-2011-1005 

Judge J.E. Sullivan 

FAA CASE NO. 2010S0700037 

AGENCY MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED 

AND MOTION TO COMPEL RESPONSES TO DISCOVERY 

cz ,) 

Complainant, by and through the undersigned counsel, pursuant to §13.220(1)(1)(2) and 

§13.220(m) of the Rules of Practice (14 C.F.R. 13.220(1)(1)(2) and 13.220(m)), and Rule 37(a) 

of the Federal Rules of Civil Procedure, hereby files its Motion to Deem Complainant's 

Requests for Admissions Admitted and Motion To Compel Discovery. In support of this 

Motion, Complainant states the following: 

1. 

On June 15, 2012, the Complainant served upon Respondent a Request for Discovery, 

which included a Request for Production of Documents, Request for Admissions, and First Set 

of Interrogatories, pursuant to Section 13.220 of the Rules of Practice. A copy of this request 

is attached hereto as Attachment 1. 

1 
2. 

Pursuant to 14 C.P.R. §13.220(d), Respondent's responses to Complainant's discovery 

were due within thirty (30) days of service or July 16, 2012. 1 The Complainant did not receive 

Respondent's responses to its validly served discovery requests on or before July 16, 2012. 

As a result, on July 20, 2012, the Complainant forwarded its good faith letter pursuant to 

Federal Rules of Civil Procedure 37(a)(2)(B) to Respondent requesting responses to the 

Complainant's discovery by Wednesday, July 25, 2012. A copy of Complainant's letter is 

attached hereto as Attachment 2. On Wednesday, July 25, 2012, Respondent called and left a 

voice message for the undersigned attorney, in which he indicated that he believed responses to 

the Complainant's discovery were not due until August 2, 2012 and that he was working on 

his reply. As of the date of this Motion, the Complainant has not received responses to the 

discovery requests. 

3. 

Owing to Respondent's failure to respond and the expiration of a reasonable time under 

the applicable rules for Respondent to timely respond, Complainant now seeks an Order 

compelling Respondent to answer to its discovery requests and, further, to deem as admitted 

Complainant's Requests for Admissions. 

Section 13.220(1)(1) of the Rules of Practice provides that a written response to a request 

for admission is due within 30 days of service of the request. A party's failure to respond to a 

request for admission, in writing and signed by the attorney or the party, no later than 30 days 

after service of the request is deemed an admission of the truth of the statement or statements 

2 
contained in the request for admission. Pursuant to Federal Rule 36(a) each response to a 

request to admit must fairly meet the substance of the requested admission. If there is no 

response to a properly served request to admit within the time limit imposed by the rule, and 

there is no written objection to the request to admit, the matter is considered admitted. Fed. R. 

Civ. P. 36(a). 

On June 15, 2012, Complainant served its First Requests for Admission containing 19 

such requests. To date, Respondent has provided no reply. 

4. 

Complainant is not unreasonable in seeking complete and specific answers to basic 

discovery requests in order to prepare for trial. As a result of Respondent's failure to respond 

to discovery, the Complainant's preparation for trial has been impeded. 

WHEREFORE, Complainant respectfully requests that an Order be entered (1) compelling 

Respondent to respond forthwith to Complainant's Requests for Production and Interrogatories; 

and (2) deeming admitted the matters set forth in Complainant's Requests for Admission. 

Respectfully submitted this 26th day of July 2012. 

Atto ey 

Office ofthe Regional Counsel 

1 The Complainant recognizes that the thirtieth day fell on Sunday, July 15, 2012, therefore, pursuant to Section 

13.212 the Respondent's responses were due Monday, July 16, 2012. 

3 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Motion to Deem Complainant's Requests for 

Admissions Admitted and Motion To Compel Discovery 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 El2-320 

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 Federal 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 

OmmD.J 

DONNA E. STANL &. ~~ Legal Assistant 

JUl 2 6 2012 

Dated 

4 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

COSTAL AIR TRANSPORT, INC., 

Respondent. 

Docket No. FAA-2011-1005 

Case No. 201 OS0700037 

Judge J.E. Sullivan 

AGENCY'S REQUEST FOR DISCOVERY 

AND PRODUCTION OF DOCUMENTS 

t:J FILE 

Pursuant to Rules 26(b) and 34(a) ofthe Federal Rules of Civil Procedure, the discovery 

guidelines set forth in case precedent, and Section 13.220 of the Rules of Practice in FAA Civil 

Penalty Actions [14 C.F.R. §13.220], the Agency, the Complainant, by and through the 

undersigned counsel, hereby propounds the following Request for Production, Interrogatories 

and Request for Admission and requests your responses not later than 30 days of service of this 

request. 

Answer each Interrogatory separately and fully in writing under oath, unless it is objected to, in 

which event the reasons for objection shall be stated in lieu of an answer. The answers are to be 

signed by the person making them, and the objections signed by the attorney making them. 

You may respond to the Requests for Production by producing true and accurate copies of the 

originals. If you refuse to produce any documents or other evidence on the basis of privilege or 

other objection, identify specifically the items withheld from production. 

These discovery requests shall be continuing in nature so as to require you to file supplemental 

responses in the following circumstances: 

(a) When you become aware of the identify and location of any witness, lay or 

expert, who is not identified in your original response; or 

1 
(b) When your original response was initially correct, but subsequently rendered 

incorrect or inaccurate based upon information discerned after the original 

response is prepared. 

DEFINITIONS 

"Documents" include, without limitation, notes, memoranda, invoices, work orders, receipts, 

reports, letters, audio and video tapes, photographs, facsimiles, transcripts, written statements, 

records of conversations, computer disks or tapes, and other tangible materials. 

"You" or "your" refers to Respondent and his agents, officers, or employees. 

"Identify," when referring to persons, requires you to provide the full name, address, telephone 

number (business and residence, where available) and any other information pertinentto locating 

such person. When pertaining to an object or place, "identify'' means to provide the name, 

location or other description of such object or place. 

"This matter" refers to the events and circumstances underlying the allegations set forth in the 

Complaint. 

REQUESTS FOR PRODUCTION 

1. To the extent that any expert witness is expected to testify, reports and records 

that form the basis for this testimony. 

2. Copies of any documents which Respondent intends to introduce into evidence 

and which have not already been submitted to the Agency. Please identify those 

documents which have already been submitted to the Agency. 

3. Please provide evidence of any corrective or remedial action taken as a result of 

this matter. 

4. Please provide a copy of Coastal Air Transport's Part 135 Operation 

Specifications. 

5. Please provide a copy of Coastal Air Transport's Manual for the Non-Acceptance 

and Non-Transport of Dangerous Goods in Air Transportation. 

6. Please provide a copy of the hazardous materials training program described in 

the response letter dated January 14,2010. 

;,. ..... 2 
INTERROGATORIES 

1. Please provide the name, occupation, and business address of each person 

Respondent intends to call as a witness in this proceeding. 

2. Please provide the subject matter upon which each intended witness is expected to 

testify, the facts and opinions as to which each intended witness is expected to 

testify, and a summary of the grounds for each opinion. 

3. Identify each expert witness you may call to testify at a hearing on this matter. 

For each expert witness identified, state the subject matter upon which each is 

expected to testify, summarize the substance of such expected testimony 

(including, without limitation, the substance of expected opinion testimony) and 

state the grounds for each such opinion (including, without limitation, 

identification of all facts, treatises, reports, records, documents or tangible 

evidence that form the basis for such opinion). 

4. Please describe evidence of any corrective or remedial action taken as a result of 

this matter including the date such action was implemented. 

5. For each request for admission not admitted or denied, please state in detail the 

reason for the denial or non-admission. 

6. Please describe the hazardous materials training program mentioned in your reply 

letter dated January 14,2010. 

REQUESTS FOR ADMISSION 

I. Admit Respondent on or about October 21, 2009, knowingly accepted for 

transportation by air a one piece shipment consisting of a non-specification 

fiberboard box containing hazardous materials on Flight 413 arriving at the 

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

2. Admit Respondent transported on October 21, 2009, two 750ml bottles of fuel oil 

onboard flight 413 labeled fuel oil UN #1993. 

3. Admit Respondent transported a hazardous material In the cabin of a passengercarrying aircraft or on the flight desk of an aircraft. 

4. Admit Respondent did not maintain the appropriate MSDS, packing slips or other 

hazardous markings or warnings on the above mentioned fiberboard box labeled 

on the box. 

3 
5. Admit Respondent accepted hazardous material for transportation aboard an 

aircraft when the hazardous material was not properly described and certified on a 

shipping paper prepared in duplicate in accordance with subpart C of part 172 or 

as authorized by 49 C.F.R. § 171.11. 

6. Admit Respondent accepted for transportation the fiberboard box described in 

Paragraph II. of the Complaint that was not accompanied by a Shipper's 

Certification or Declaration of Dangerous Goods. 

7. Admit Respondent accepted for transportation the fiberboard box described in 

Paragraph II. of the Complaint that did not have shipping papers prepared as 

required 49 C.F.R. § 172.200(a) and § 172.202(a). 

8. Admit Respondent accepted for transportation the fiberboard box described in 

paragraph II. ofthe Complaint that was not marked "Flammable Liquid". 

9. Admit Respondent accepted the fiberboard box described in paragraph II. of the 

Complaint that was not marked with the standard orientation markings depicted in 

49 C.F.R. § 172.312. 

10. Admit Respondent accepted for transportation the fiberboard box described in 

paragraph II of the Complaint that did not have a "FLAMMABLE LIQUID" label 

affixed to the fiberboard box. 

11. Admit Respondent accepted for transportation the fiberboard box described in 

paragraph II. of the Complaint that did not provide emergency response 

information with the fiberboard box. 

12. Admit Respondent carried a hazardous material in an aircraft and failed to provide 

the pilot-in-command a copy of a written notification of the proper shipping 

name, hazard class and identification number of the material as early as possible before departure. 

1 J. Admit Respondent engaged in for-hire transportation of passengers and failed to 

display notices of the requirements applicable to the carriage of hazardous 

materials aboard aircraft, as defined in 49 C.F.R. § 175.25. 

14. Admit the letter attached at Exhibit I is a true and accurate copy of Respondent's 

letter of reply dated January 14, 2010. 

15. Admit the Material Safety Data Sheet (MSDS) attached at Exhibit 2 is a true and 

accurate copy of the MSDS for the fuel oil carried aboard Respondent's Flight 

413 on or about October 21,2009. 

4 
16. Admit the photocopies of the Hazcom Labels attached at Exhibits 3 and 4, are 

true and accurate copies of the Hazcom Labels that were attached to the diesel 

fuel containers Respondent carried on board Respondent's Flight 413 on or about 

October 21, 2009. 

17. Admit the photocopy of the FAA National Operations and Training Manual for 

the Non-Acceptance and Non-Transport of Dangerous Goods in Air 

Transportation attached at Exhibit 5, is a true and accurate copy of the FAA 

National Operations and Training Manual for the Non-Acceptance and NonTransport of Dangerous Goods in Air Transportation signed by Respondent, as 

corporate officer of Coastal Air Transport, Inc. 

18. Admit diesel fuel is a dangerous good. 

19. Admit fuel oil is a dangerous good. 

The information requested herein should be submitted within thirty (30) days after service of this 

document to: 

RASHA WN RICH GEORGE 

Attorney 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Respectfully submitted this I s<llt day of June 2012. 

~~R~ Attorney 

Office of the Regional Counsel 

5 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Discovery Request was mailed by facsimile and 

Certified Mail to: 

The Honorable J.E. Sullivan 

DOT, Administrative Law Judge 

Office ofHearings, M-20 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Tel: 202-366-2132 

Fax: 202-366-7536 

and via Certified Mail to: 

Hearing Docket 

FAA, AGC-10, Room 924A 

800 Independence A venue, SW 

Washington, DC 20591 

and Express Mail and Regular Mail to: 

Mr. Michael Foster, President, 

Coastal Air Transport, Inc., Respondent 

P.O. Box 3985 

Christiansted, St. Croix, VI 00822 

and 

Mr. George Logan, Agent for Service, 

Coastal Air Transport, Inc., Respondent 

1131 King Street, Suite 204 

Christiansted, St. Croix, VI 00820-4971 

jk ~" '>.i.kidr: vo I DONNA E:-"ST ANLEY 

Legal Assistant 

JUN 1 5 201Z 

Dated 

(Original + 1 copy) 

EG57182445DUS 

EG571824313US 

us Postal Servicem 

c·ERTIFIED MAILn~ RECEIPT . Domestic Mail Only; No Insurance Coverage Provtded) 

1"'-

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Postmark 

Here 
. ~ 

CoaJtal olir ·u-,.a~Jport 

~uanBulted 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, 

EXHIBit ,_...,.. i 

__ ......._ 

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. 

~Jk Michael W. Foster 

President 

FAA/South Floridn FSD0-19 

San juan radlity 

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

· EXHIBit_~---

HOVEN SA 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDS No. 1797 

!1. CHEMICAL PRODUCT and COMPANY INFORMATION (rev. Jan-99} 

HOVENSA L.L.C. 

1 Estate Hope 

Christiaristed, VJ 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 (rev. Jan-99) 

INGREDIENT NAME 

Diesel Fuel 

CAS NUMBER: 68476-34-Q 

EXPQSURE LIMITS 

OSHA PEL-TWA: 5 mg/m. 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-TWA/STEL: 10115 ppm, A4 

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

Fuel contains a multifunctional additive. 

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

EMERGENCY OVERVIEW 

CAUTION! 

CONCENTRATlON 

PERCENT BY WEIGHT 

100 

Typically< 0.01 

Premium Diesel 

OSHAINFPA COMBUSTIBLE LIQUID- SLIGHT TO MODERATE IRRITANT- EFFECTS CENTRAl.. 

NERVOUS SYSTEM -HARMFUL OR FATAL IF SWALLOWED 

Moderate fire 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 (fluid in the lungs). 

EYES 

Contact with liquid or vapor may cause mild irritation. 

§jgH 

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 farge areas of skin 

are repeatedly exposed. 

INGESTION 

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. 

INHALATION 

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

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

unconsciousness, coma, respiratory failure, and death. 

Revision Date: 02/28/01 Page 1 of 7 

: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. 

IARC 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 CONDITIONS AGGRAVATED BY EXPOSURE 

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

f 4. FIRST AJO MEASURES (rev. Jan-98; Tox-98) 

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 VOMITING. 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 th~ 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. 

l 5. FIRE FIGHTING MEASURES (rev. Oct-96) 

FLAMMABLE PROPERTIES: 

FLASH POINT: 

AUTOIGNITION POINT: 

OSHAJNFPA FLAMMABILITY CLASS: 

LOWER EXPLOSIVE UMIT (%): 

UPPER EXPLOSIVE LIMIT(%): 

FIRE AND EXPLOSION HAZARDS 

> 125 °F (>52 °C} minimum 

494 °F (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 can bum in the open or explode in 

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

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

EXTJNGUJSHING MEDIA 

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

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-exposed containers. 

FIRE FIGHTING INSTRUCTIONS 

Revision Date: 02/28/01 Page 2 of 7 
•' 

!XHJBrr._Q.;..:..,__ ) 

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. 

Fireftghting 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 facepiece 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 properly 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 ftghting foam may be useful in certain 

situations to reduce vapors. The proper use of water spray may effectively disperse 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 pr{)tective equipment (see 

Section 8). 

J 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 material (such as fue! oi!) 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. 

STORAGE 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 cleaning 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 PRACTICES 

Revision Date: 02/28/01 Page 3 of7 
EXHIBit._~--

HOVENSA 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDS No.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 cleaners 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. 

Is. EXPOSURE CONTROLS and PERSONAL PROTECTION (rev. Jan-98) 

ENGtNEERING 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.l. DuPont TyChem®, Saranex® or equivalent recommended based on degree 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 concentrat.ions are or may be expected to exceed 

QXposure limits or for odor or ii'Titatton. Protection provided by air-purifying raspiralon; is limited. R9fQt to 

OSHA 29 CFR 1910.134, ANSI Z88.2-1992, NIOSH Respirator Decision Logic, and 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-deficient 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: 1 00 o/o 

EVAPORAIION RATE: 

SOLUBILITY (H20): 

Slow; varies with conditions 

Negligible 

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

STABILITY: Stable. Hazardous polymerization will not occur. 

CONDITIONS TO AVOID and INCOMPATIBLE MATf;RIALS 

Revision Date: 02/28/01 Page 4 of 7 
6XHI81T._ . ...,.(2(_... __ _ 

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; Viton ® ; Fluorel ® 

HAZARDOUS DECOMPOSITION PRODUCTS 

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

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

ACUTE TOXICITY 

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

Primary dermal irritation: extremely irritating (rabbits) 

Guinea pig sensitization: negative 

Draize eye irritation: non-irritating (rabbits) 

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. 

!12. 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 CONSIDERATIONS (rev. Jan-98) 

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

114. 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 

j1s. REGULATORY INFORMATION (rev. Feb-01) 

U.S. FEDERAL. STATE. and LOCAL REGULATORY INFORMATION 

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 !ocallevel. Consult those regulations applicable to your facility/operation. 

CLEAN WATER ACT (01!. SPILLS) 

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

wetlands) or adjoining shorelines suffiCient 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 304 (RELEASE TO THE ENVIRONMENT) 

The CERCLA defmition of hazardous substances contains a -petroleum exclusion• clause which exempts 

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

other federal reporting requirements (e.g., SARA Section 304 as well as the Clean Water Act if the spill 

occurs on navigable waters) may still apply. 

Revision Date: 02128/01 Page 5 of 7 
EXHIBrr,_d~-· --

HOVEN SA 

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 _subj?ct to 

the supplier notification requirements of Section 313 of the Emergency Planning and Community R1ght-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 HOVENSA if you require additional information regarding this 

product. 

CANADIAN REGULATORY INFORMATION (WHMIS) 

Class B. Division 3 (Combustible Liquid) and Class D. Division 2, Subdivision B (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 MSOS DATED: 01/25/99 

ABBREVIATIONS: 

AP = Approximately 

N/A = Not Applicable 

< = Less than > :: Greater than 

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 

IARC 

Compensation, and Liability Act 

U.S. Department of Transportation 

[General info: (800) 467-4922] 

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 

NIOSH National Institute of Occupational Safety 

NOIC 

and Health 

Notice of Intended Change (proposed 

change to ACGIH TLV) 

Revision Date: 02/28/01 

NTP 

OPA 

OSHA 

PEL 

RCRA 

REL 

SARA 

SCBA 

SPCC 

STEL 

TLV 

TSCA 

TWA 

WEEL 

WHMIS 

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) 

Superfund 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) 

Canadian Workplace Hazardous 

Materials Information System 

Page 6 of 7 
) 

HOVENSA 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDS No. 1797 

DISCLAIMER OF EXPRESSED AND IMPUED WARRANTIES 

lllformalion presented herein has been compiled from sources considered to be dependable. and is accurate and reliable to the 

best of our knowledge and beUef. but is not guaranteed to be so. Since conditions of use are beyond our control, 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 Additionally. 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: 021281o'1 Page 7 of7 
lllllllllfll/1111 IIIII lfllll/1/111/11 /11111111/1111111/11/11 

Pg7'g1o~o~ 

-:caP Ju 
I 111111111111111111111 1111111111 ~11111111 01111111 ~IIIII\ : 

_ P972910203 

:CO~ II 
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 (340)773-6862 

(Telephone) 

,M~ (Signature Block) 

Corporate Officer 

~:l!f (Signature Block) 

Responsible Hazardous Materials 

Officer 

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

f~r Air Transport 

Will Transport Commercial DG? liJ N 0 

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

~:;:;:?L Recommend ti? 

Acceptance/ 

~· Approval 

AAS Dange~ous Goods Coordinator 

N~~ /C1 ;9Cf9' ?J.c,t!,-tct'-

FAA APPROVAL 

~y~ 818NAMf::* =r ,, 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

July 20, 2012 

VIA EXPRESS MAIL 

Michael Foster, President 

Coastal Air Transport, Inc. 

P.O. Box 3985 

Southern Region 

Office of the Regional Counsel 

Christiansted, St. Croix, VI 00822 

Re: In the Matter of Coastal Air Transport, Inc. 

FAA Docket No. FAA-2011-1005 

Dear Mr. Fester: 

tJ F! L:: 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

On or June 15, 2012, the undersigned counsel for the Agency served the Agency's First 

Interrogatories and Request for Production of Documents on Respondent. Service of answers or 

objections were due within thirty (30) days of service or July 16, 2012. As of the date of this 

correspondence, the Agency has not received responses to its properly served discovery. 

Pursuant to Federal Rule of Civil Procedure 37(a)(2)(B), please consider this letter the Agency's 

good faith attempt to resolve a discovery dispute, prior to requesting the assistance of the 

Administrative Law Judge and the filing of a Motion to Compel. 

Please forward the Complainant's responses to the Agency's discovery by close of business, 

Wednesday, July 25, 2012. Should you have any questions, please do not hesitate to contapt 

our office. 

Sincerely, 

Attorney 

RA~~~G~ Office of the Regional Counsel 

Enclosure 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

YS. 

COSTAL AIR TRANSPORT, INC., 

Respondent. 

Docket No. FAA-201 1-1005 

Case No. 20 I OS07000J7 

Judge I.E. Sullivan 

AGENCY'S REQUEST FOR DISCOVERY 

AND PRODUCTION OF DOCUMENTS 

~FILE 

Pursuant to Rules 26(b) and 34(a) ofthe Federal Rules of Civil Procedure, the discovery 

guidelines set forth in case precedent, and Section 13.220 of the Rules of Practice in FAA Civil 

Penalty Actions [14 C.F.R. '§13.220], the Agency, the Complainant, by and through the 

undersigned counsel, hereby propounds the following Request for Production, Interrogatories 

and Request for Admission and requests your responses not later than 30 days of service of this 

request. 

Answer each Interrogatory separately and fully in writing under oath, unless it is objected to, in 

which event the reasons for objection shall be stated in lieu of an answer. The answers are to be 

signed by the person making them, and the objections signed by the attorney making them. 

You may respond to the Requests for Production by producing true and accurate copies of the 

originals. If you refuse to produce any documents or other evidence on the basis of privilege or 

other objection, identify specifically the items withheld from production. 

These discovery requests shall be continuing in nature so as to require you to file supplemental 

responses in the following circumstances: 

(a) When you become aware of the identify and location of any witness, lay or 

expert, who is not identified in your original response; or 
(b) When your original response was initially correct, but subsequently rendered 

incorrect or inaccurate based upon information discerned after the original 

response is prepared. 

DEFINITIONS 

"Documents" include, without limitation, notes, memoranda, invoices, work orders, receipts, 

reports, letters, audio and video tapes, photographs, facsimiles, transcripts, written statements, 

records of conversations, computer disks or tapes, and other tangible materials. 

"You" or "your" refers to Respondent and his agents, officers, or employees. 

"Identify," when referring to persons, requires you to provide the full name, address, telephone 

number (business and residence, where available) and any other information pertinent to locating 

such person. When pertaining to an object or place, "identify" means to provide the name, 

location or other description of such object or place. 

"This matter" refers to the events and circumstances underlying the allegations set forth in the Complaint. 

REQUESTS FOR PRODUCTION 

1. To the extent that any expert witness is expected to testify, reports and records 

that form the basis for this testimony. 

2. Copies of any documents which Respondent intends to introduce into evidence 

and which have not already been submitted to the Agency. Please identify those 

documents which have already been submitted to the Agency. 

3. Please provide evidence of any corrective or remedial action taken as a. result of 

this matter. ~ 

4. Please provide a copy of Coastal Air Transport's Part 135 Operation Specifications. 

5. Please provide a copy of Coastal Air Transport's Manual for the Non-Acceptance 

and Non-Transport of Dangerous Goods in Air Transportation. 

6. Please provide a copy of the hazardous materials training program described in 

the response letter dated January 14,2010. 

2 
INTERROGATORIES 

1. Please provide the name, occupation, and business address of each person 

Respondent intends to call as a witness in this proceeding. 

2. Please provide the subject matter upon which each intended witness is expected to 

testify, the facts and opinions as to which each intended witness is expected to 

testify, and a summary of the g:~:ounds for each opinion. 

3. Identify each expert witness you may call to testify at a hearing on this matter. 

For each expert witness identified, state the subject matter upon which each is 

expected to testify, summarize the substance of such expected testimony 

(including, without limitation, the substance of expected opinion testimony) and 

state the grounds for each such opinion (including, without limitation, 

identification of all facts, treatises, reports, records, documents or tangible 

evidence that form the basis for such opinion). 

4. Please describe evidence of any corrective or remedial action taken as a result of 

this matter including the date such action was implemented. 

5. For each request for admission not admitted or denied, please state in detail the 

reason for the denial or non-admission. 

6. Please describe the hazardous materials training program mentioned in your reply letter dated January 14, 2010. 

REQUESTS FOR ADMISSION 

I. Admit Respondent on or about October 21, 2009, knowingly accepted for 

transportation by air a one piece shipment consisting of a non-specification 

fiberboard box containing hazardous materials on Flight 413 arriving, at the 

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

2. Admit Respondent transported on October 21, 2009, two 750ml bottles of fuel oil 

onboard flight 413 labeled fuel oil UN #1993. 

3. Admit Respondent transported a hazardous material in the cabin of a passengercarrying aircraft or on the flight desk of an aircraft. 

4. Admit Respondent did not maintain the appropriate MSDS, packing slips or other 

hazardous markings or warnings on the above mentioned fiberboard box labeled 

on the box. 

3 
5. Admit Respondent accepted hazardous material for transportation aboard an 

aircraft when the hazardous material was not properly described and certified on a 

shipping paper prepared in duplicate in accordance with subpart C of part 172 or 

as authoriZed by 49 C.F.R. § l7l.ll. 

6. Admit Respondent accepted for transportation the fiberboard box described in 

Paragraph II. of the Complaint that was not accompanied by a Shipper's 

Certification or Declaration of Dangerous Goods. 

7. Admit Respondent accepted for transportation the fiberboard box described in 

Paragraph II. of the Complaint that did not have shipping papers prepared as 

required 49 C.F.R. § l72.200(a) and § l72.202(a). 

8. Admit Respondent accepted for transportation the fiberboard box described in 

paragraph II. ofthe Complaint that was not marked "Flammable Liquid". 

9. Admit Respondent accepted the fiberboard box described in paragraph II. of the 

Complaint that was not marked with the standard orientation markings depicted in 

49 C.F.R. § 172.312. 

l 0. Admit Respondent accepted for transportation the fiberboard box described in 

paragraph II of the Complaint that did not have a "FLAMMABLE LIQUID" label 

affixed to the fiberboard box. 

ll. Admit Respondent accepted for transportation the fiberboard box described in 

paragraph II. of the Complaint that did not provide emergency response 

information with the fiberboard box. 

12. Admit Respondent carried a hazardous material in an aircraft and failed to provide 

the pilot-in-command a copy of a written notification of the proper shipping 

name, hazard class and identification number of the material as early as possible 

before departure. 

13. Admit Respondent engaged in for-hire transportation of passengers and failed to 

display notices of the requirements applicable to the carriage of hazardous 

materials aboard aircraft, as defined in 49 C.F.R. § 175.25. 

14. Admit the letter attached at Exhibit l is a true and accurate copy of Respondent's 

letter of reply dated January 14, 2010. 

15. Admit the Material Safety Data Sheet {MSDS) attached at Exhibit 2 is a true and 

accurate copy of the MSDS for the fuel oil carried aboard Respondent's Flight 

413 on or about October 21, 2009. 

4 
16. Admit the photocopies of the Hazcom Labels attached at Exhibits 3 and 4, are 

true and accurate copies of the Hazcom Labels that were attached to the diesel 

fuel containers Respondent carried on board Respondent's Flight 413 on or about 

October 21, 2009. 

17. Admit the photocopy of the FAA National Operations and Training Manual for 

the Non-Acceptance and Non-Transport of Dangerous Goods in Air 

Transportation attached at Exhibit 5, is a true and accurate copy of the FAA 

National Operations and Training Manual for the Non-Acceptance and NonTransport of Dangerous Goods in Air Transportation signed by Respondent, as 

corporate officer of Coastal Air Transport, Inc. 

18. Admit diesel fuel is a dangerous good. 

19. Admit fuel oil is a dangerous good. 

The information requested herein should be submitted within thirty (30) days after service of this 

document to: ' 

RASHA WN RICH GEORGE 

Attorney 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Respectfully submitted this I s4tt day of June 2012. 

~~~ RAHAWN~RGE 

Attorney 

Office of the Regional Counsel 

5 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Discovery Request was mailed by facsimile and 

Certified Mail to: 

The Honorable J.E. Sullivan 

DOT, Administrative Law Judge 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Tel: 202-366-2132 

Fax: 202-366-7536 

and via Certified Mail to: 

Hearing Docket 

FAA, AGC-10, Room 924A 

800 Independence Avenue, SW 

Washington, DC 20591 

and Express Mail and Regular Mail to: 

Mr. Michael Foster, President, 

Coastal Air Transport, Inc., Respondent 

P.O. Box 3985 

Christiansted, St. Croix, VI 00822 

and 

Mr. George Logan, Agent for Service, 

Coastal Air Transport, Inc., Respondent 

1131 King Street, Suite 204 

Christiansted, St. Croix, VI 00820-4971 

_jAA . d{;J411 \tkitV v0 WL DONNA E:-§T ANLEY 

Legal Assistant 

(Original + I copy) 

EG571824450US 

Certifieq Fee :r 

Postmark JUN 1 5 Z01Z :r CJ Return Receipt Fee 

D CJ (Endorsement Required) 

Dated 

Here 0 (Er CJ r--------1 

0 Restricted Delivery Fee 

(Endorsement Required) ) 

Total Postage & Fees $ . ...__ ___ ---.J 

I'-

D 

D 

['-

kl\.i.v.~---············· 
~ 

CoaJtal olir ·u-,.anJport 

.~nBulted 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, 

·EXHIBIT --,.. __ _ 

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 lOL 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. 

~~* Michael W. Foster 

President 

FAA/SmHh Florida FSD0-19 

San iuan Fadlity 

P.O. BOX 3985 • CHRISTIANSTED, U.S.V.I. 00822 • TELEPHONE (340) 773-6862 -:I 0 p 7 
. EXHIBit ___ ~ _ 

HOVEN SA NFPA ~ 704 (Section 16) 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDS No. 1797 

!1. 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. 

I 2. COMPOSITION and INFORMATION ON INGREDIENTS (rev. Jan-99) 

INGREQIENT NAME 

Diesel Fuel 

CAS NUMBER 68476-34--6 

Naphthalene 

CAS NUMBER: 91-20-3 

EXPOSURE LIMITS 

OSHA PEL-TWA: 5 mg/m. as mineral oil mist 

ACGIH TLV-TWA: 1997 NOIC- 100 mg/m3

, skin, A3 

OSHA PEL: 10ppm 

ACGIH TLV-TWAISTEL 10/15 ppm, A4 

A complex mixture of hydrocarbons with carbon numbers 1n the range C9 and higher. 

Fuel contains a multifunctional additive. 

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

EMERGENCY OVERVIEW 

CAUTION! 

CONCENTRATION 

PERCENT BY WEIGHT 

100 

Typically< 0.01 

Premium Diesel 

OSHA/NFPA COMBUSTIBLE LIQUID- SLIGHT TO MODERATE IRRITANT· EFFECTS CENTRAL 

NERVOUS SYSTEM- HARMFUL OR FATAL IF SWALLOWED 

Moderate fire 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 (fluid 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. 

INGESTION 

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. foss of consciousness, coma, respiratory arrest, and death may occur. 

INHALATION 

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

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

unconscioosness, coma, respiratory failure, and death. 

Revision Date: 02/28/01 Page 1 of 7 

:ro P g 
~ sxHIBit_..-,. ----· .··-"""'!'." 

HOVEN SA 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDS No. 1797 

WARNING: ttle 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 follow1r1g repeated 

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

Section 1 1 Toxicological Information. 

IARC 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 occupatiooallung cancer 

based on animal studies and limited evidence in humans. 

MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE 

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

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

EYES 

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

eyelids open to ensure adequate flushing. Seek medical attention. 

SKIN 

Remove contaminated clothing. Wash contaminated areas thoroughly with soap and water or water1ess 

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

INGESTION 

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

vomiting occurs. lean victim forward to reduce ttle 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 attentioo immediately. 

I 5. FIRE FIGHTING MEASURES {rev. Oct-96) 

FLAMMABLE PROPERTIES: 

FLASH POINT: 

AUTOIGNITION POINT: 

OSHA/NFPA FLAMMABILITY CLASS 

LOWER EXPLOSIVE LIMIT(%): 

UPPER EXPLOSIVE LIMIT (%): 

FIRE AND EXPLOSION HAZABDS 

> 125 °F (>52 °C) 

494 °F (257 °C) 

2 (COMBUSTIBLE) 

0.6 

7.5 

minimum 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 can bum in the open or explode in 

confined spaces. Being heavier ttlan air. vapors may travel long distances to an ignitioo source and flash 

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

EXTJNGUISH!NG MEDIA 

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

foam, or Halon. 

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

may be used to cool fire-exposed containers. 

FIRE FIGHTING INSTRUCTIONS 

Revision Date: 02/28/01 Page 2 of 7 
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. 

Fireftghting activities that may result in potential exposure to h1gh heat. smoke or toxic by-products of 

combustion should require NIOSH/MSHA- approved pressure-demand self-contained breathing apparatus 

with full facepiece 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 properly 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 confirm 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 ftghting foam may be useful in certain 

situations to reduce vapors. The proper use of water spray may effectively disperse product vapors or the 

liquid itself, preventing contact with 1gnition 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 dean-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 material (such as fuel oi!) 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. 

STORAGE 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 cleaning 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 PRACTICES 

Revision Date: 02/28/01 Page 3 of 7 
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HOVEN SA 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDS No. 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 cleaners 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 vra washer or dryer. Consider the need to discard contaminated leather shoes and gloves. 

I 8. 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.l DuPont TyChem®, Saranex® or equivalent recommended based on degree 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 

Qxposuro limits or for odor or irritation. Protection provided by air-purifying respirators is limited. Rwtw to 

OSHA 29 CFR 1910.134, ANSI Z88.2-1992, NIOSH Respirator Decision logic, and 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-deficient 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 VOLATILES:100 o/o 

EVAPORATION RATE 

SOLUBILITY (H20) 

Slow; varies with conditions 

Negligible 

/10. STABILITY and REACTIVITY (rev. Jan-94) 

STABILITY: Stable. Hazardous polymerization will not occur. 

CONDITIONS TO AVOID and INCOMPATIBLE MATERJALS 

Revision Date: 02/28/01 Page 4 of 7 
EXHIBIT.----.2<--....--

• 

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; Viton ® ; Fluorel ® 

HAZARDOUS DECOMPOSITION PRODUCTS 

Carbon monoxide, carbon dioxide and non-a>mbusted hydrocarbons (smoke). 

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

ACUTE TOXICITY 

Acute dermal ~050 (rabbits): > 5 ml/kg Acute oral LD50 (rats): 9 ml/kg 

Primary dermal irritation: extremely irritating (rabbits) 

Guinea pig sensitization: negative 

Draize eye irritation non-irritating (rabbits) 

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 signrticance 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. 

j12. ECOLOGICAL INFORMATION (rev. Jan-98) 

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

Federal and State regulations. 

!13. DISPOSAL CONSIDERATIONS (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 

j15. REGULATORY INFORMATION (rev. Feb-01) 

U.S. FEDERAL. STATE, and LOCAL REGULATORY INFORMATION 

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. Th1s product and/or its constituents may also be subject to other regulations 

al the state and/or iocallevel. Consult those regulations applicable to your facility/operation. 

CLEAN WATER ACT (OIL SPILLS) 

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

wetlands) or adjoining shorelines suffiCient 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 304 (RELEASE TO THE ENVIRONMENT) 

The CERCLA defmition of hazardous substances contains a -petroleum exclusion" clause which exempts 

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

other federal reporting requirements (e.g., SARA Section 304 as well as the aean Water Act rt the spill 

occurs on navigable waters) may still apply 

Revision Date: 02128/01 Page 5 of 7 
- -------------------,---------------------------

EXHIBtt........,d~-- • 

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 wh1ch 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 37228. you may contact HOVENSA if you require additional infonnation regarding this 

product. 

CANADIAN REGULATORY INFORMATION (WHMIS) 

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

116. 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 

N/A = Not Applicable 

< = Less than > = Greater than 

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) 467-4922] 

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 

NIOSH 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 

WHMIS 

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) 

Superfund Amendments and 

Reauthorization Act of 1986 Title Ill 

Self-Contained Breathing Apparatus 

Spill Prevention. Control, and 

Countenneasures 

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) 

Canadian Workplace Hazardous 

Materials Information System 

Page 6 of 7 
~I Bit _ ~ _._ __ _ 

HOVEN SA 

MATERIAL SAFETY DATA SHEET 

Low Sulfur Diesel Fuel MSDS No. 1797 

DISCLAIMER OF EXPRESSED AND IMPUED WARRANTIS:S 

lnfonnalion presented herein has been compiled from sources considered 1o be dependable. and is accurate and reliable to~ 

best of our knowledge and beUef. but is not guaranteed to be so. Since condilioos of use are oeyond our control. we make no 

warranties. expressed Of implied. except those that may be contained in our written contract of sale Of acknowledgment. 

Vendor assumes no respoos1bility for injury to vendee or third persons proximately caused by the material if reasonable safety 

procedures are not adhered to as stipulated In lhe data sheet Additionally. 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 the~r use of lhe material. 

Revision Date: 02/28/01 Page 7 of 7 
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FAA NATIONAL OPERATIONS AND TRAINING 

MANUAL FOR THE NON-ACCEPTANCE AND 

NON-TRANSPORT OF DANGEROUS GOODS IN 

AIR TRANSPORTATION 

Coastal Ai~ 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) 

,A'"~ (Signature Block) 

Corporate Officer 

(340)773-6862 

~~ (Signature Block) 

Responsible Hazardous Materials 

Officer 

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

f~r Air Transport 

Will Transport Commercial DG? m N 0 

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

--~ Recommend ti?V/r~ Acceptance/ Approval 

AAS Dange~ous Goods Coordinator 

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