U.S. Department Southern Region 

of Transportation Office of tlie Regional Counsel 

Federal Aviation 

Administration 

^ O 8 20f» 

P.O. Box 20636 

Atlanta, Georg 

(404) 305-5200 

(404) 305-5223 

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CERTIFIBD - RETURN RECEIPT REQUESTED 

Hcnting Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Coastal Air Transport, Inc. / C^ \ | - Pi\)^^ "Cflp - | "i 7^)0 

FAAC!ascNo.2010SO700037 / p,^.^ ^ . ^oi,-/OCf i 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the San Juan, Puerto Rico area, and 

expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

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

S>cprely, 

.m_ N RICH G'Hl&RGE 

Attorney 

Office of the Regional Counsel 

Enclosures ' t • -' i__(^ ^^ ftw, W-^ 
Coastal c4lr UranSport 

Eddie L.Thomas 

Federal Aviation Administration 

Southern Regional Office 

P.O. BOX20636-ASO 

Atlanta, Ga. 30320 

Federal Aviation Administration 

Hearing Docket Clerk, AGC-430 PJ_'A.L[ V h.:y 

800 Independence Ave SW ; | 

Wilbur Wright Building, Suite 2W10Q0 'i 3^ p _ 2 20:1 ' 

Washington, DC 20591 : \ 

J 

Aug 30, 2011 'jni.iTMr-RN M'iL\\\0>l 

Cases 2010SO700037 

Dear Mr Thomas, 

We apologize for the delay.in answering your request for information from our conference. The 

research has taken mush longer than expected. We have discussed this action at length with many 

aviation professionals both inside and out of the Agency. Their response has been fairly consistant, in 

that this case should not have been filed. That a simple warning letter would have been sufficient. They 

also disagree with your Counsel in that the"small quantity, properly packaged "exemption is still in • 

effect. We regularly observe "six pack" boxes of alcohol being transported on passenger aircraft. These 

boxes are not labeled "flammable liquid". 

The small fuel samples you mentioned were considerably smaller than these "six packs". They 

were not carried in the cabin or on the flight deck as you mentioned. They were confined to the 

approved cargo compartment of the aircraft. The pilot was advised as to their location and content. For 

such amirior incident, your proposed fine of $59,000 was not realistic for a small airline such as ours. 

We have been advised not to accept your suggestion of a reduced fine, as it would amount to 

admission of a serious offence. We once again ask that this case be dismissed. In the event you wish to 

continue. We hereby request a hearing on the above mentioned case. 

Sincerely^ 

rchBk\\kAer 

President 

P.O. BOX 3985 • CHRISTIANSTED, U.S.V.I. 00822 • TELEPHONE (340) 773-6862 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVI.4T10N ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant. 

vs. 

Coastal .Air Transport Inc. 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby Files its Complaint, 

pursuant to Rule 208^of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

L 

1. On August 19, 2011, Respondent, Coastal Air Transport Inc. was advised through 

a Final Notice of Proposed Civil Pejialty that the FAA proposed to assess a civil penalty in the 

amount of $59,600. On August 30, 2011, the Agency Attorney received a written request for a 

hearing from the Respondent. 

II. 

2. On or about October 21, 2009, Coastal Air Transport, Inc. (hereinafter Coastal 

Air) knowingly accepted for iranspoi-lation by air and transported aboard an aircraft a one-piece 

shipment consisting of a non-specification ftberboard box containing hazardous materials on 

flight number 413 arriving at the Alexander Hamilton .Airport (STX), Saint Croix, U.S. Virgin 

Islands. 

3. The above-mentioned shipment was unnianifested on Coastal Air Flight #41 J . 

4. On or about October 21, 2009, a U.S. Customs and Border Protection Ofiicer 

discovered the above-described box on board Flight 413 at STX in Saint Croix, U.S. Virgin 

Islands. 
5. The box contained two plastic bags labeled "Hazmatpac," which contained two 

bottles of approximately 750mi each labeled fuel oil (iN#]993. 

6. The above described non-spccitlcation tlberboard bo.x did not contain a MSDS, 

packing slips or any hazardous markings or warnings labeled on the box. 

7. At all times mentioned herein, the above-described shipment was not 

accompanied by a Shipper's Certification or Declaration of Dangerous Goods. 

8. At all times mentioned herein, the above-described shipment was listed and 

described on the bill of lading. 

9. On or about October 21, 2009, Mike Foster of Coastal Air signed the bill of 

lading which described the above-referenced package. 

10. (a) Diesel Fuel is classified as a hazardous material under the Department of 

Transportation Hazardous IMaierlals Regulations (HMR) (49 C.F.R. § 172.101). 

(b) The proper shipping name of the material is Diesel Fuel, it is in Hazard 

Class 3, Packing Group III, and has an assigned identification number of NA 1993. The proper 

label is FLAMMABLE LIQUID. 

11. Coastal Air accepted the above-described shipment of hazardous material for 

transportation by air when the shipping papers did not include: 

(a) the proper shipping name prescribed for each material; 

(b) the hazard class prescribed for each material; 

(c) the assigned identification number prescribed for each material; 

(d) the packing group prescribed for each material; and 

(e) the total quantity of each hazardous material. 

12. Coastal Air transported the above-described shipment aboard an aircraft when it 

was not accompanied by a copy of the required shipping papers. 

13. Coastal Air accepted the above-described shipment of hazardous materials for 

transportation by air when the shipper failed to: 

(a) certify that the materials were In accordance with the HMR (49 C.FTl. 

(b) §§ 171. et seq.) by printing the certification set forth in § 172.204(a) or ^j 

172.204(e)(1) of the HMR; 

(c) prepare the required ceitifjcations iji duplicate; 

(d) add the following statement to the certification: 

This shipment Is within the limitations prescribed for 

passenger aircraft. 
14. Coastal Air accepted the above-described shipment of hazardous materials for 

transportation by air when: 

(a) the outer container was not marked with the proper sliipping name of each 

hazardous materia! conialncd therein; 

(b) the outer container was not marked with the a.ssigncd idenliftcaiion 

number of each hazardous material contained therein; 

(c) the outer container was not marked with standard orientation markings on 

two opposite vertical sides of the package with the arrows pointing In the conect upright 

direction; and 

(d) a "FLAMMABLE LIQUID" label was not affixed to the outer container. 

15. Coastal Air carried the above shipment of hazardous materials aboard an aircraft 

and failed to provide written notification of the hazmat to the pilot-ln-command as early as 

practicable prior to departure. 

16. Coastal Air carried the above shipment of hazardous materials aboard an aircraft 

and failed to have emergency response Information, Including an emergency response telephone 

number, immediately available to die pilot-in-command during flight. 

17. Coastal Air accepted for transportation or transported aboard an aircraft the above 

shipment of hazardous materials when it failed to ensure that each of Its hazmat employees was 

trained In accordance with the prescribed requirements as set forth In Section 175.20. 

III. 

18. By reason of the above Coastal Air Transport Inc. violated the following 

Department of Transportation Hazardous Materials Regulations (Title 49 of the Code of Federal 

Regulations): 

1. Section 171.2(a) in that Coastal Air accepted hazardous material for 

transportation aboard an aircraft in commerce when the material was not properly classed, 

described, packaged, marked, labeled, and in condition for shipment as required or authorized by 

applicable requirements of this subchapter. 

2. Section 171.2(b) in that Coastal Air transported a hazardous material In commerce 

when the hazardous material was not handled and transported In accordance with applicable 

requirements of this subchapter, or an exemption, approval or registration issued under this 

subchapter or subchapter A of this subchapter. 
3. Section 175.3 in that Coastal Air accepted (or transportation or transported aboard 

an aircraft a shipment of hazardous materials not prepared for shipment in accordance with this 

subchapter. 

4. Section 1 75.20(a) in that Coastal Air did not comply with all applicable 

requirements in parts 106, 171, 172 and 175 of this chapter and failed to ensure each of its 

hazmat employees received training in relation thereto. 

5. Section 175.20(b) in (hat Coastal Ah tvLmsportcd a hazardous material by aircraft 

when each of its hazmat employees Involved In that transportation was not trained as required by 

subpart H of part 172 of this subchapter. 

.6. Section 175.25 in that Coastal Air, engaged in for-hlre transportation of 

passengers, failed to display notices of the requirements applicable to the carriage of hazardous 

materials aboard aircraft, and the penalties for failure to comply with those requirements. 

7. ^Section 175.26 in that Coastal .Air,'engaged in the acceptance or transport of 

cargo for transportation by aircraft, failed to display notices, at each facility where cargo is 

accepted, to persons offering such cargo of the requirements applicable to the carriage ol" 

hazardous materiais aboard aircraft, and the penalties for failure to comply with (hose 

requirements. 

8. Section 175.30(a)(2) in that Coastal Air 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 §171.11 of this subchapter. 

9. Section 175.30(a)(3) in that Coastal Air accepted hazardous material for 

transportation aboard an aircraft when the hazardous material was not labeled or marked In 

accordance with Subparts D and E of part 172 or as authorized by §171.11 of this subchapter, 

and placarded (when required) in accordance with subpart F of part 172 of this subchapter. 

10. Section 175.30(b) in that Coastal Air carried a hazardous material in a package, 

outside container, or overpack aboard an aircraft when the operator of the aircraft failed to 

Immediately inspect the package, outside container, or overpack before placing it aboard the 

aircraft. 

11. Section 175.30(e)(2) in that Coastal Air accepted an overpack containing 

packages of hazardous material and failed to take reasonable steps to establish that the proper 

shipping names, identification numbers, labels and special handling instructions appearing on the 

inside packages are clearly visible or reproduced on the outside of the overpack. 

12. Section 175.30(e)(3) in that Coastal Air accepted an overpack containing 

packages of hazardous material and failed to lake reasonable steps to determine that a statement 

to the effect thai the Inside packages comply with the prescribed speclficalions appears on the 

outside 0 the overpack, when specification packagings are prescribed. 
13. Section 175.33(a) In that Coastal Air carried a hazardous material subject to ihc 

provision of this subchapter in an aircraft and failed to provide the pi!oi-in-command at least the 

following informailon set forth In this paragraph in writing as early as possible prior to departure. 

14. Section 175.33(b) in that Coastal Air failed to have a copy of the written 

notification to pllot-in-command readily available to the pilot-ln-eommand during flight and 

failed to maintain emergency response information required by subpart G of part 172 of this 

subcliapier in the same manner as (he vvrilien notification (o pilot-in-command during transport 

of the hazardous material aboard the aircraft. 

15. Section 175.35(a) in that Coastal Air failed to ensure a copy of the shipping 

papers required by § 175.30(a)(2) accompanied the shipment it covered during transportation 

aboard an aircraft. , 

16. Section I75.85(ii) in that Coastal Air carried a hazardous material subject to the 

requirements of this subchapter-in the cabin of a passenger-carrying aircratt or on the fiight deck 

of anv aircraft. 

17 Pursuant to 49 U.S.C. Section 5123(a), Coastal Air Transport Inc. is subject to a 

civil penalty not lower than $250 ($450 for training-related violations), nor greater than $50,000 

($100,000 if death, serious Illness, severe Injury, or substantial property damage results), for each 

violation of the Department of Transportation Hazardous Materials Regulations. 

18. Under the facts and circumstances of this case, a civil penalty of S59, 600 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $59,600. 

Respeclftilly submitted this Q day of September, 2011. 

,au/u.=4rgX 

R^A^JAWN RICHXJEORGE 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

SOO Independence Avenue, SW 

Washington, DC 20591 

Coastal .Air Transport Inc. 

George Logan; Agent for Service (Registered Mail) 

1131 King Slreet,^Suite 204 

Christlansted 

St. Croix, V! 00820-4971 

M. MCDOWELL 

Legal'T^ssistant 

Office of the Regional Counsel 

S£P 0 6 2011 

Dated