## .U.S. DEPARTMENTOFTRANSPORTATION OFFICE OFHEARINGS

WASHINGTON,D.C.

INTHEMATTEROF: COASTALAIRTRANSPORT,INC. Respondent. 

# Zfli?

FAADocketNo. FAA-2011-1005 Judge J.E. Sullivan
FAACASENO. 2010S0700037

AGENCYMOTIONTODEEMREQUESTS FORADMISSIONS ADMITTED AND MOTIONTO COMPELRESPONSESTODISCOVERY 

# cz ,)



## Complainant, by and through the undersigned counsel, pursuant to §13.220(1)(1)(2) and §13.220(m) ofthe Rules ofPractice (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 ofDocuments, Request for Admissions, and First Set ofInterrogatories, pursuant to Section 13.220 ofthe Rules ofPractice. A copy ofthis 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 ofservice orJuly 16, 2012. 1 

## The Complainant did notreceive 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 thathe believedresponses to the Complainant's discovery were not due until August 2, 2012 and that he was working on his reply. As ofthe date ofthis Motion, the Complainant has not received responses to the discovery requests.



## 3. Owing to Respondent's failure to respond and the expiration ofareasonable 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'sRequests forAdmissions. Section 13.220(1)(1) ofthe Rules ofPracticeprovides that awrittenresponse to arequest for admission is due within 30 days ofservice ofthe 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 ofthe request is deemed an admission ofthe truth ofthe 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 FirstRequests for Admission containing 19 suchrequests. To date, Respondenthasprovidedno 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 ofRespondent's failure to respond
to discovery, the Complainant'spreparation for trial has beenimpeded.

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 admittedthe matters setforth inComplainant'sRequests forAdmission.
Respectfullysubmittedthis26th dayofJuly2012.

Atto ey Office oftheRegional Counsel

1

### The Complainantrecognizes thatthe thirtieth day fell on Sunday, July 15, 2012, therefore, pursuantto Section 13.212 the Respondent's responses were due Monday, July 16, 2012.



## 3

## CERTIFICATE OFSERVICE


## 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: TheHonorableJ.E. Sullivan DOT, AdministrativeLawJudge Office ofHearings,M-20 U.S. DepartmentofTransportation 1200NewJerseyAvenue, S.E. EastBuilding GroundFloor RoomEl2-320 Washington, D.C. 20590 (FAX) (202) 366-7536
andviaExpressMailto: MichaelFoster, President CoastalAirTransport, Inc. P.O. Box 3985 Christiansted, St. Croix, VI00822
andthe original andonecopyviaFederalExpress to: HearingDocket U.S. Department ofTransportation Docket Operations, M-30 WestBuildingGroundFloor RoomW12-140 1200NewJerseyAvenue, S.E. Washington, D.C. 20590 

# OmmD.J 

# &.**~~** DONNAE. STANL LegalAssistant 

# JUl 2 6 2012 Dated



## 4

## U.S. DEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS FEDERALAVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,

vs. COSTALAIRTRANSPORT, INC., Respondent. DocketNo. FAA-2011-1005 CaseNo. 201OS0700037 JudgeJ.E. Sullivan

AGENCY'S REQUESTFORDISCOVERY

AND PRODUCTION OFDOCUMENTS 

# t:J

# FILE

Pursuant to Rules 26(b) and 34(a) ofthe Federal Rules ofCivil Procedure, the discovery guidelines set forth in case precedent, and Section 13.220 ofthe Rules ofPractice 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 laterthan 30 days ofservice ofthis 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 ofan answer. The answers are to be signedbytheperson making them, and the objections signedbythe attorneymakingthem.
You may respond to the Requests for Production by producing true and accurate copies ofthe originals. Ifyou refuse to produce any documents or other evidence on the basis ofprivilege or otherobjection, identify specificallythe 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 isprepared.
DEFINITIONS 

## "Documents" include, without limitation, notes, memoranda, invoices, work orders, receipts, reports, letters, audio and video tapes, photographs, facsimiles, transcripts, written statements, records ofconversations, computerdisks ortapes, and othertangiblematerials.
"You"or"your"refers to Respondent and his agents, officers, oremployees. "Identify," when referring to persons, requires you to provide the full name, address, telephone number (business and residence, where available) and any otherinformation pertinentto locating such person. When pertaining to an object or place, "identify'' means to provide the name, location or otherdescription ofsuch objectorplace. "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 thebasis for this testimony. 2. Copies ofany documents which Respondent intends to introduce into evidence and which have not already been submitted to the Agency. Please identify those documents which have alreadybeen submitted to the Agency. 3. Please provide evidence ofany 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 ofCoastal Air Transport's Manual for the Non-Acceptance and Non-Transport ofDangerous Goods in AirTransportation.
6. Please provide a copy ofthe hazardous materials training program described in theresponse letter dated January 14,2010.

;,. 

### ..... 

### 2

## INTERROGATORIES


## 1. Pleaseprovidethe name, occupation, and business address ofeach person Respondent intends tocall as awitness in this proceeding.
2. Pleaseprovide 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 summaryofthe 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 ofexpected 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 ofany corrective or remedial action taken as a result of this matterincludingthe date such action was implemented.
5. For each request for admission not admitted or denied, please state in detail the reason for the denial ornon-admission.

6. Please describe thehazardous materials trainingprogram mentioned in yourreply letter dated January 14,2010.
REQUESTS FORADMISSION
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 AlexanderHamilton Airport (STX), Saint Croix, U.S. Virgin Islands.
2. Admit Respondent transported on October 21, 2009, two 750ml bottles offuel oil onboard flight 413 labeled fuel oil UN #1993.
3. Admit Respondent transported a hazardous material In the cabin ofa passengercarrying aircraft oron the flight desk ofan aircraft.
4. Admit Respondent did not maintain the appropriate MSDS, packing slips orother 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 paperprepared in duplicate in accordance with subpart C ofpart 172 or as authorizedby49C.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 orDeclaration ofDangerous 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 "FlammableLiquid".

9. Admit Respondent accepted the fiberboard box described in paragraph II. ofthe 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 ofthe 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 ahazardous 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 ofthe material as early as possible before departure.
1



## J. Admit Respondent engaged in for-hire transportation ofpassengers 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 ofRespondent's letterofreply dated January 14, 2010.
15. Admit the Material Safety Data Sheet (MSDS) attached at Exhibit 2 is a true and accurate copy ofthe MSDS for the fuel oil carried aboard Respondent's Flight 413 on or about October 21,2009.



## 4

### 16. Admit the photocopies ofthe Hazcom Labels attached at Exhibits 3 and 4, are true and accurate copies ofthe Hazcom Labels that were attached to the diesel fuel containers Respondent carried onboard Respondent's Flight 413 on or about October21, 2009.
17. Admit the photocopy ofthe 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 ofDangerous Goods in Air Transportation signed by Respondent, as corporate officerofCoastal AirTransport, Inc. 18. Admitdiesel 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 ofthis document to:
RASHA

## WN RICH GEORGE Attorney Federal Aviation Administration Office ofthe 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 dayofJune 2012.

# ~~R~ Attorney Office ofthe Regional Counsel



### 5

## CERTIFICATE OFSERVICE
I hereby certify that a copy ofthe foregoing Discovery Request was mailed by facsimile and CertifiedMail to: TheHonorableJ.E. Sullivan DOT, Administrative Law Judge Office ofHearings, M-20 1200NewJerseyAvenue, S.E. Washington, DC 20590 Tel: 202-366-2132 Fax: 202-366-7536
and via Certified Mail to: HearingDocket FAA, AGC-10, Room 924A 800 IndependenceAvenue, SW Washington, DC 20591
and ExpressMail and Regular Mail to: Mr. Michael Foster, President, Coastal AirTransport, Inc., Respondent 

## P.O. Box 3985 Christiansted, St. Croix, VI 00822 and
Mr. George Logan, Agent for Service, Coastal AirTransport, Inc.,Respondent 

## 1131 King Street, Suite 204 Christiansted, St. Croix, VI 00820-4971 

# jk

# ~" '>.i.kidr: vo I 

## DONNAE:-"STANLEY Legal Assistant 

## JUN 1 5 

# 201Z Dated (Original 

## + 1copy)



# EG57182445DUS

EG571824313US us Postal Servicem 

## c·ERTIFIED

# MAILn~ RECEIPT

. DomesticMailOnly;No Insurance Coverage Provtded)

1"'- Cl Cl I"'- 

## ( Postmark Here

# .**~** 

# CoaJtalolir**·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 toyour letter received January4, 2010, we offerthe following as requested:



### 1. Acopy ofthe Material Safety Data Sheet(MSDS) for lowsulfurdiesel fuel (7 pages). 2. Copies ofthe Bill ofladingfrom the shipper. Copies ofourCargo Manifestwere held by U.S. Customs in St Croix. These items were correctly listed as oil samples. 

### 3. Copies ofthe hazardous materialstraining records forthose 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 quantitiesofproperly packaged flammable materials. These materials include butane lighters, matches, six packs ofspirits, mouthwash, aftershave, etc. The material and quantities in this shipment fall intothis category. 

### 5. The shipper has offered us the use oftheir lATATraining 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 materialsforshipment. Shipment was placed in a cargo compartment notaccessible to passengers. Included are labels attached to these samples describing theircontent. These were apparently not noticed duringthe customs inspection.
Coastal Air has operated for almost 30years, accident, incident, and violation free. We have agreed to add additional training in the future and request thatthis investigation be closed with no further action being taken.

# ~Jk Michael W. Foster President 

## FAA/South Floridn FSD0-19 

## Sanjuan 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 EMERGENCYTELEPHONE NUMBER 

### (24 hrs): CHEMTREC 

### (800) 424-3000 COMPANYCONTACT (business hours): HOVENSA Safety Department (340) 692-3000 SYNONYMS: Diesel Fuel #2; Hess Premium Diesel; Low Sulfur Diesel; MotorVehicle 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: 5mg/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: 10115ppm,A4 

### Acomplex 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 PERCENTBYWEIGHT 100 Typically< 0.01
Premium Diesel

OSHAINFPACOMBUSTIBLE LIQUID- SLIGHTTO MODERATE IRRITANT- EFFECTS CENTRAl.. NERVOUS SYSTEM -HARMFUL OR FATAL IF SWALLOWED Moderate fire hazard. Avoid breathing vapors or mists. Maycause diZziness and drowsiness. Maycause moderate eye irritation and skin irritation {rash). Long-term, repeated exposure maycause skin cancer. Ifingested. do NOT induce vomiting, as this may cause chemical pneumonia (fluid in the lungs). EYES Contactwith liquid 

### orvapor maycause mild irritation. 

### §jgH Maycause skin irritation with prolonged or repeated contact. Practically non-toxic ifabsorbed following acute (single) exposure. Liquid may be absorbed through the skin in toxicamounts iffarge areas of skin are repeatedly exposed. INGESTION The major health threat of ingestion occurs from the dangerofaspiration (breathing) of liquid drops into the lungs, particularlyfrom vomiting. Aspiration may result in chemical pneumonia (fluid in the lungs), severe lung damage, respiratory failure and even death. Ingestion maycause gastrointestinal disturbances. including irritation, nausea, vomiting and diarrhea, and central nervous system {brain) effects similarto alcohol intoxication. In severe cases. tremors, convulsions.loss ofconsciousness, coma, respiratory arrest, and death mayoccur. INHALATION Excessive exposure maycause irritations to the nose, throat, lungs and respiratorytract. Central nervous system (brain) effects may include headache, dizziness, loss ofbalance and coordination. unconsciousness, coma, respiratoryfailure, and death.

Revision Date: 02/28/01 

### Page 1 of 7 

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## ) 

# 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 ofcombustion 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 ofthese 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 CONDITIONSAGGRAVATED

### BY EXPOSURE Irritation from skin exposure mayaggravate existing open wounds, skin disorders, and dermatitis (rash). 

# f4. FIRST

### AJO MEASURES (rev. Jan-98; Tox-98)

In case of contactwith eyes, immediatelyflush 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 thoroughlywith 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. Ifspontaneous vomiting occurs. lean victim forward to reduce the risk of aspiration. Monitorfor breathing difficulties. Small amounts ofmaterial which enter**th~** mouth should be rinsed out until the taste is dissipated. INHALATION Remove person to fresh air. 

### Ifperson is not breathing provide artificial respiration. If necessary, provide additional oxygen once breathing is restored iftrained 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 rapidlywhen exposed to heat. spark. open flame or other source of ignition. When mixed with airand exposed to an ignition source, flammable vapors can bum in 

### the open orexplode in confined spaces. Being heavierthan air, vapors may travel long distances to an ignition source and flash back. Runofftosewer maycause fire or explosion hazard. EXTJNGUJSHING MEDIA SMALL FIRES: 

### Anyextinguisher suitable for Class B fires, drychemical, C02. water spray, fire fighting foam. or Halon. LARGE FIRES: Waterspray, fog orfire fighting foam. Water maybe ineffective for fighting the fire, but maybe used to cool fire-exposed containers. FIRE FIGHTING INSTRUCTIONS

Revision Date: 02/28/01 Page 2 of7

## •' 

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

# HOVeNSA 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 otherfire 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. Isolatearea around container involved in fire. Cool tanks, shells. and containers exposed to fire and excessive heat with water. For massivefires the use ofunmanned 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 speciallytrained personnel and equipmentto extinguish the fire. often including the need for properlyapplied fire fighting foam. See Section 16 for the NFPA 704 Hazard Rating. 

# I 6. ACCIDENTAL RELEASE MEASURES (rev. Jan-98}

ACTIVATE FACILITY'S SPILL CONTINGENCYOR EMERGENCY RESPONSE PLAN. Evacuate nonessential personnel and remove orsecure all ignition sources. Considerwind direction; stay upwind and uphill, ifpossible. Evaluate the direction ofproduct travel, diking, sewers, etc. to confinn spill areas. Spills may infiltrate subsurface soil and groundwater; professional assistance may be necessaryto determine the extent ofsubsurface impact. Carefully contain and stop the source of the spill, 

### ifsafe to do so. Protect bodies ofwater bydiking, absorbents. or absorbent boom. if possible. Do not flush down sewer ordrainage systems, unless system is designed and permitted to handle such material. The use offire ftghting foam may

### be useful in certain situations to reduce 

### vapors. The proper use ofwater spray mayeffectivelydisperse productvapors orthe 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 ordisposal

- caution, flammable vapors mayaccumulate 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 ofstatic-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 OfStatic, Lightning and StrayCurrents. STORAGE PRECAUTIONS Keep awayfrom flame, sparks, excessive temperatures and open flame. Use approved vented containers. Keep containers closed and clearly labeled. Empty product containers orvessels maycontain explosive vapors. 

### Do not pressurize, cut, heat, weld or expose suCh containers to sources ofignition. Store in a well-ventilated area. This storage area should complywith NFPA30 "Flammable and Combustible Liquid Code". Avoid storage near incompatible materials. The cleaning oftanks previously containing this productshould followAPI 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 forwashing thisproduct 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 flammablevapors which could ignite via washer ordryer. 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 ofthis product below occupational exposure and flammability limits, particularly in confined spaces. EYE/FACE PROTECTION Safety glasses or goggles are recommended where there is a possibilityofsplashing or spraying. SKIN PROTECTION Gloves constructed ofnitrile, neoprene, or PVC are recommended. Chemical protective clothing such as of E.l. DuPont TyChem®, Saranex®orequivalent recommended based on degree ofexposure. Note: The resistance of specific material may varyfrom product to product as well as with degree ofexposure. Consult manufacturer specifications forfurther infonnation. RESPIRATORY PROTECTION A NIOSH/MSHA-approved air-purifying respiratorwith organic vapor cartridges or canister may be permissible under certain circumstances where airborne concentrat.ions are or maybe expected to exceed QXposure limits orforodor or ii'Titatton. Protection provided by air-purifying raspiralon;

### is limited. R9fQtto OSHA29 CFR 1910.134, ANSI Z88.2-1992, NIOSH Respirator Decision Logic, and the manufacturerfor additional guidance on respiratory protection selection. Use a positive pressure, air-supplied respirator ifthere is a potential for uncontrolled release, exposure levels are not known. in oxygen-deficient atmospheres. or any other circumstancewherean air-purifying respirator may not provide adequate protection. 

# I9. 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 (H2

### 0 

# = 1): 0.83

### to 0.86@ 

### 60 °F (16°C) PERCENTVOLA TILES: 100 

### o/o EVAPORAIION RATE: SOLUBILITY 

### (H2

### 0): Slow; varies with conditions Negligible

!10. STABILITYand 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(_...

__ _ 

# HOVENSA 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 Primarydermal 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 ofthis finding to human exposure has not been determined. Other studies with active skin carcinogens have shown thatwashing the animal's skin with soap and water between applications reduced tumorformation. MUTAGENICITY (genetic effects) This material has been positive in a mutagenicitystudy. 

### !12. ECOLOGICAL INFORMATION (rev. Jan-98)

Keep out ofsewers, drainage areas, and waterways. Report spills and releases, as applicable, under Federal and State regulations. 

### 113. DISPOSAL CONSIDERATIONS (rev. Jan-98)

Consultfederal, 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 ofthis product. including any substantial threat of release, may be subject to federal, state and/or local reporting requirements. This product and/or its constituents mayalso 

### be subject to other regulations at the state and/or !ocallevel. Consult those regulations applicable to yourfacility/operation. CLEAN WATER ACT 

### (01!. SPILLS) Any spill or release ofthis product to "navigable waters" (essentially anysurface water, including certain wetlands) or adjoining shorelines suffiCient to cause a visible sheen or deposit ofa sludge or emulsion must

### be reported immediatelyto 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. CERCLASECTION 

### 103and SARASECTION 

### 304 (RELEASE TOTHE ENVIRONMENT) The CERCLAdefmition ofhazardous substancescontains a -petroleum exclusion• clause which exempts crude oil, refined, and unrefined petroleum products and any indigenous componentsofsuch. However, otherfederal reporting requirements (e.g., SARASection 304 aswell as the Clean Water Act ifthe spill occurs on navigable waters) maystill apply.

Revision Date: 02128/01 Page 5 of 7

# EXHIBrr,_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 belowthe de minimis levels which therefore are not_subj?ct to the supplier notification requirements ofSection 313 ofthe Emergency Planning and Community R1ght-ToKnowAct (EPCRA) of 1986 and of

### 40 CFR 372. Ifyou may be required to report releases ofchemicals listed in 

### 40 CFR 

### 372.28. you may contact HOVENSA ifyou 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 > :: Greaterthan 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 ofTransportation [General info: (800) 467-4922] U.S. Environmental Protection Agency Hazardous Materials Information System International Agency For Research On Cancer MSHA Mine Safetyand 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 of7

### ) 

# HOVENSA MATERIAL SAFETY DATA SHEET 

### Low Sulfur Diesel Fuel MSDS No. 1797

DISCLAIMER OF EXPRESSEDAND IMPUEDWARRANTIES lllformalion presented herein has been compiled from sources considered to be dependable. and is accurate and reliable to the bestofour knowledge and beUef. but isnot guaranteed to be so. Since conditions ofuse are beyond our control, we make no warranties. expressed or implied. exceptthose that may be contained in ourwritten contract ofsale oracknowledgment 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. vendorassumes no responsibility for injury to vendee or third persons proximately caused byabnormal use of the material. even if reasonable safety procedures are followed. Furthermore. vendee assumes the risk in their use ofthe material.



### Revision Date: 021281o'1 Page 7 of7

### lllllllllfll/1111IIIIIlfllll/1/111/11/11111111/1111111/11/11

# Pg7'g1o~o~



# -:caP Ju

# I 1111111111111111111111111111111

# ~1111111101111111

# ~IIIII\ :



# _P972910203

# :CO~ 

# II

# FAA NATIONAL OPERATIONS AND TRAINING MANUALFORTHENON-ACCEPTANCEAND**NON~**

# TRANSPORT OF DANGEROUS GOODS IN 

# AIRTRANSPORTATION

Coastal Air Transport (AirCarrierName) AT 

## 761-109 (CertificateNumber) 

## 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



## StatementofIntent: AirCarrier

# WILLNOTACCEPTDangerous Goods (DG)**f~r**

## AirTransport Will Transport Commercial DG? 

# liJ N0 Will Transport Own DG CompanyMaterial (COMAT)? 

# 0

# ~:;:;:?L

# ti?**~·** Recommend Acceptance/ Approval 

## AAS**Dange~ous** 

## Goods Coordinator

# N~~ 

# /C1 

# ;9Cf9' ?J.c,t!,-tct'- 

# FAAAPPROVAL

# ~y~ 818NAMf::*

# =r,,

### U.S. Department ofTransportation
Federal Aviation Administration 

## July20, 2012
VIAEXPRESS MAIL Michael Foster, President Coastal AirTransport, Inc. P.O. Box 3985 Southern Region Office ofthe Regional Counsel



## Christiansted, St. Croix, VI 00822
Re: In theMatter of CoastalAirTransport, Inc. 

## FAADocket No. FAA-2011-1005

DearMr. 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 ofDocuments on Respondent. Service ofanswers or objections were due within thirty (30) days ofservice or July 16, 2012. As ofthe date ofthis correspondence, the Agencyhas not received responses to its properlyserved discovery.
Pursuant to Federal Rule ofCivil Procedure 37(a)(2)(B), please considerthis 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 ofaMotion to Compel.
Please forward the Complainant's responses to the Agency's discovery by close ofbusiness, Wednesday, July 

## 25, 2012. 

## Should you have any questions, please do not hesitate to contapt ouroffice. Sincerely,

# RA~~~G~ Attorney Officeofthe Regional Counsel Enclosure

### U.S. 

## DEPARTMENT OFTRANSPORTATION OFFICE OFHEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,

YS. 

### COSTALAIR TRANSPORT, INC., Respondent. Docket No. FAA-201 1-1005 Case No. 20IOS07000J7 Judge

## I.E. Sullivan



## AGENCY'S REQUEST FOR DISCOVERY

AND PRODUCTION OFDOCUMENTS

# ~FILE

Pursuant to Rules 26(b) and 34(a) ofthe Federal Rules ofCivil Procedure, the discovery guidelines set forth in case precedent, and Section 13.220 ofthe Rules ofPractice 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 notlater than 30 days ofservice ofthis 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 ofan answer. The answers are to be signed bythe person making them, and the objections signed bythe attorneymaking them.
You may respond to the Requests for Production by producing true and accurate copies ofthe originals. Ifyou refuse to produce any documents or other evidence on the basis ofprivilege or otherobjection, identify specificallythe 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 youroriginal 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 ofconversations, computerdisks or tapes, and othertangible materials.
"You"or "your"refers to Respondent and his agents, officers, oremployees. "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 orotherdescription ofsuchobject orplace.
"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 ofany documents which Respondent intends to introduce into evidence and which have not already been submitted to the Agency. Please identify those documents which have alreadybeen submitted to the Agency.
3. Please provide evidence ofany 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 copyofCoastal Air Transport's Manual for the Non-Acceptance and Non-Transport ofDangerous Goods in Air Transportation.
6. Please provide a copy ofthe hazardous materials training program described in theresponse letterdated January 14,2010.



## 2

## INTERROGATORIES
1. Pleaseprovide the name, occupation, and business address ofeach person Respondent intends tocall as a witness in this proceeding.
2. Pleaseprovide 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 summaryofthe

## 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 ofexpected 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 ofany 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 ornon-admission.

6. Please describe the hazardous materials training program mentioned in yourreply 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 offuel oil onboard flight 413 labeled fuel oil UN#1993.
3. Admit Respondent transported a hazardous material in the cabin ofa passengercarrying aircraft oronthe flight desk ofan aircraft.
4. Admit Respondent did not maintain the appropriate MSDS, packing slips orother 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 properlydescribed and certified on a shipping paper prepared in duplicate in accordance with subpart C ofpart 172 or as authoriZed by49 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 orDeclaration ofDangerous 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. ofthe Complaint that was not marked with the standard orientation markings depicted in 49 C.F.R. §172.312.
l0. Admit Respondent accepted for transportation the fiberboard box described in paragraph II ofthe 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 ofthe material as early as possible before departure.
13. Admit Respondent engaged in for-hire transportation ofpassengers 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 ofRespondent's letter ofreply dated January 14, 2010.
15. Admit the Material Safety Data Sheet {MSDS) attached at Exhibit 2 is a true and accurate copy ofthe MSDS for the fuel oil carried aboard Respondent's Flight 413 on orabout October21, 2009.



## 4

### 16. Admit the photocopies ofthe Hazcom Labels attached at Exhibits 3 and 4, are true and accurate copies ofthe Hazcom Labels that were attached to the diesel fuel containers Respondent carried onboard Respondent's Flight 413 on or about October 21, 2009.
17. Admit the photocopy ofthe 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 officerofCoastal AirTransport, 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 ofthis document to: '
RASHA

# WN RICH GEORGE Attorney Federal Aviation Administration Office ofthe 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 dayofJune 2012.

# ~~~**RAHAWN~RGE** Attorney Office ofthe 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 LawJudge 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 Avenue, SW Washington, DC 20591
and Express Mail and Regular Mail to:
Mr. Michael Foster, President, Coastal AirTransport, Inc., 

### Respondent P.O. Box 3985 Christiansted, St. Croix, VI 00822 and
Mr. George Logan, Agent for Service, Coastal AirTransport, 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.~---·············

# ~ 

# CoaJtalolir ·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 offerthe following as requested:

1. A copy ofthe Material Safety Data Sheet(MSDS) for low sulfur diesel fuel (7 pages). 2. Copies ofthe Bill ofLading from the shipper. Copies ofour Cargo Manifest were held by U.S. Customs in St Croix. These items were correctly listed as oil samples. 3. Copies ofthe hazardous materials training records forthose 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 quantitiesofproperly packaged flammable materials. These materials include butane lighters, matches, six packs ofspirits, mouthwash, aftershave, etc. The material and quantities in this shipment fall into this category. 5. The shipper has offered us the use oftheir lATA Training Program. We have agreed to have all appropriate personnel complete this course. 6. Samples were shipped in limited Quantity( lessthan 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 compartmentnot 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 agreedto add additional training in the future and request thatthis 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 

# -:I0 

# 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 EMERGENCYTELEPHONE 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 forabbreviations 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 10/15ppm, A4 

### A complex mixture

### of hydrocarbons with carbon numbers 1n the range C9 and higher. Fuel contains a multifunctional additive. 

# I3. HAZARDS IDENTIFICATION {rev. Jan-99; Tox-98)

EMERGENCY OVERVIEW CAUTION! CONCENTRATION PERCENT BYWEIGHT 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. Maycause moderate eye irritation and skin irritation {rash). Long-term, repeated exposure maycause skin cancer. Ifingested. do NOT induce vomiting. as this may cause chemical pneumonia (fluid in the lungs). EYES Contactwith liquid or vapor maycause mild irritation. SKIN Maycause skin irritation with prolonged or repeated contact. Practically non-toxic ifabsorbed following acute (single) exposure. Liquid may

### be absorbed through the skin in toxic amounts iflarge areas of skin are repeatedly exposed. INGESTION The major health threat of ingestion occurs from the danger ofaspiration (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 maycause gastrointestinal disturbances. including irritation, nausea, vomiting and diarrhea, and central nervous system (brain) effects similarto alcohol intoxication. In severe

### cases, tremors, convulsions. foss ofconsciousness, coma, respiratory arrest, and death mayoccur. INHALATION Excessiveexposure maycause irritations to the nose, throat, lungs and respiratory

### tract Central nervous system (brain) effects mayinclude headache, dizziness, loss ofbalance and coordination, unconscioosness, coma, respiratory failure, and death.

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

# :ro P 

# g

# ~ sxHIBit_..-,.----· .··-"""'!'." 

# HOVENSA 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 ofthese results to human exposures has not been determined- see Section 11Toxicological 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 ofoccupatiooallung cancer based on animal studies and limited evidence in humans. MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE lrritatioo from skin exposure mayaggravate 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, immediatelyflush 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 ofaspiration. 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. Ifperson 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 airand 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. Runoffto sewer maycause fire or explosion hazard. EXTJNGUISH!NG MEDIA SMALL FIRES: Anyextinguishersuitable for Class B fires. drychemical. C02, water spray, fire fighting foam, or Halon. LARGE FIRES: Water spray, fog orfire ftghting foam. Water maybe ineffective for fighting the fire. but maybe used to cool fire-exposed containers. FIRE FIGHTING INSTRUCTIONS

Revision Date: 

### 02/28/01 Page 2 of 7

# HOVENSA
MATERIAL SAFETY DATA SHEET 

### Low Sulfur Diesel Fuel MSDS No. 1797
Small fires in the incipient (beginning) stage maytypically be extinguished using handheld portable fire extinguishers and other fire fighting equipment. Fireftghting activities that mayresult 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 properlyapplied 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 orsecure all ignition sources. Consider wind direction; stay upwind and uphill, ifpossible. Evaluate the direction of product travel, diking, sewers, etc. to confirm spill areas. Spills may infiltrate subsurface soil and groundwater; professional assistance maybe necessaryto determine the extent ofsubsurface impact. Carefullycontain and stop the source ofthe spill, 

### ifsafe to do so. Protect bodies ofwater bydiking, absorbents. or absorbent boom. if possible Do not flush down sewer ordrainage 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 ofwater spray mayeffectivelydisperse productvapors or the liquid itself, preventing contact with 1gnition sources or areas/equipment that require protection. Take up with sand or otheroil absorbing materials. Carefully shovel. scoop or sweep up into a waste container for reclamation or disposal

- caution, flammable vapors mayaccumulate in closed containers. Response and dean-up crews must

### be properlytrained 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 awayfrom 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 OfStatic, Lightning and StrayCurrents. 

### STORAGE PRECAUTIONS Keep awayfrom flame, sparks, excessive temperatures and open flame. Use approved vented containers. Keep containers closed and clearly labeled. Empty product containers orvessels maycontain 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 NFPA30 ·Flammable and Combustible Liquid Code". Avoid storage near incompatible materials. Thecleaning oftanks 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

# EXHIBfr_c:>Z

__ • 

# 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 offlammable 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 ofthis product belowoccupational exposure and flammability limits, particularly in confined spaces. EYE/FACE PROTECTION Safety glasses or goggles are recommended where there is a possibility ofsplashing 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 vaporcartridges orcanister maybe permissible under certain circumstances where airborne concentrations are or maybe expected to exceed Qxposuro limits or for odor or irritation. Protection provided by air-purifying respirators 

### is limited. Rwtw

### to OSHA29 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 ifthere is a potential for uncontrolled release. exposure levels are not known. in oxygen-deficient atmospheres, or any other circumstancewhere 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 {H2

### 0 

### = 1): 0.83 to 0.86@ 60 °F (16 °C) PERCENTVOLATILES: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 ofthis 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 mutagenicitystudy. 

### j12. ECOLOGICAL INFORMATION (rev. Jan-98)

Keep out ofsewers, drainage areas. and waterways. Report spills and releases, as applicable, under Federal and State regulations. 

### !13. DISPOSAL CONSIDERATIONS (rev. Jan-98)

Consultfederal. 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 anysubstantial threat of release, may be subject to federal, state and/or local reporting requirements. Th1s product and/or its constituents mayalso 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 ofthis product to "navigable waters" (essentially anysurface water, including certain wetlands) or adjoining shorelines suffiCient to cause a visible sheen ordeposit ofa 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. CERCLASECTION 103 and SARASECTION 304 (RELEASE TO THE ENVIRONMENT) The CERCLAdefmition ofhazardous substancescontains a -petroleum exclusion" clause which exempts crude oil, refined, and unrefined petroleum products and any indigenous components ofsuch. However, other federal reporting requirements (e.g., SARASection 304 as well as the

# aean WaterAct

## 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 belowthe de minimis levels wh1ch therefore are not subJect to the supplier notification requirements of Section 313 ofthe Emergency Planning and Community Right-ToKnow Act (EPCRA) of 1986 and of40 CFR 372. Ifyou may be required to report releases ofchemicals 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 ofGovernmental
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 ofTransportation (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 ofOccupational 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

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_ _._ __ _ 

# HOVENSA MATERIAL SAFETY DATA SHEET 

### Low Sulfur Diesel Fuel MSDS No. 

### 1797

DISCLAIMER OF EXPRESSED AND IMPUEDWARRANTIS:S lnfonnalion presented herein has been compiled from sources considered 1o be dependable. and is accurate and reliable**to~** bestofour knowledge and beUef. but is not guaranteed to be so. Since condilioos ofuse are oeyond our control. we make no warranties. expressed Of implied. exceptthose that may be contained in our written contract ofsale 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 byabnormal use of the material. even ifreasonable safety procedures are folloWed. Furthermore. vendee assumes the risk in**the~r** use oflhe material.



### Revision Date: 02/28/01 Page 7 of7

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