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Brent R. Cole 

Marston & Cole, P.C. 

821 N Street, Suite 208 

Anchorage, AK 99501 

(907) 277-8001 

Attorneys for Smith Cable Systems, Inc. 

UNITED STATES OF AMERICA 

DEPARIMENT OF TRANSPORTATION 

NAITONAL TRANSPORTAl ION SAFETY BOARD 

- - y '••V- r' i 

In the matter of: 

Smith Cable Systems, Inc. 

) 

) FAADocketNo. CP09AL00012 

) 

) DMS NO-FAA-2009-0976 

SMITH CABLE SYSTEMS. JNC/S EXIIIBU LIST 

Smith Cable Systems, Inc., by and through its attorneys of record, Marston & 

Cole, P.C, submits its exhibit list as follows: 

No. Description 

A E-mail from Annie Afiisia to Todd Linne and SOA, Alaska Marine 

Highway System Itinerary Number 1373086 

B Alaska Air Cargo Air Waybill No. 027-7471-2632 

C Affidavit of Todd Linne 

D Photographs provided by ASAA KTN 

E Alaska Airlines Air Cargo Dangerous Goods Irregularity Report 

F Statements made by Alaska Air Cargo employees lim Cook and 

Stephen Camp 

G Reports and notes of Hazardous Materials Specialist Jeffrey L. Deilz 

Smith Cable Systems, Inc.'s F.xhibir List 

In t-A: Smith Cable Sysrems, Inc., DMS No. h"AA-2009-097fi 

Page 1 of 2 
07/07/201 0 16:05 FAX 2024935142 FAA •> DMS @1002/030 

H FAA'S Response to Smith Cable's First Discovery Request, dated June 

4,2010 

DATED this _^/. day of June, 2010, at Anchorage, Alaska. 

MARSTON & COLE, P.C. 

Attorneys for SmJtli Cable Systems, Inc. 

By: 

Brent R. Cole 

AK State Bar No. 8606074 

CERTIFICATE OF SERVICT, 

Thi!< i.s lo ceiri'ty thai on chiy ^*^7V day of June, 2010, a 

Lruc and con-cci copy of Uic foregoing cJocumcnt wus 

& Mailed 

S ' HanO-Jeli^'ered 

• FaxcU 

to the (bllouing: 

Original and oni: copy: - /^/ ^ IL~ 

Aiieiuion. Hearing DockcL Clerk, AGC-430 

WUbLir WrigliL Buiidinji^Suitc 2W1{)00 

Federal Aviation Adminisiration 

800 Independence Avenue. SW 

Wa>!hineton, DC 20591 

One copy: 

CrHie Wnn, Bl«ck, Esq. - f{/t/VD P^ U V^AJE P 

OHice of the Riyional Counsel 

222 West 7fh Avenue, i¥ 14 

Anchorage, AK i>95]3-75«7 

Fax: 7.7I-2K()() 

The Honorable iUthard C. Goodwin - ^/?A/D J)<=^/(/IS-*^O 

Office of I learings, M-20 

U.S. Depanmcnt ofTruiisportarion 

Easf Buildinfl Ground Flooi'. Ri.Kim bl2-320 

1200 New .Ier.<icy AW'uo, S.E, 

Washingtcm, I>e^5j30 

Fax; 202->«ii-7>:^/ 

Smith Cable Systems, (nc.'s Exhibit List 

Inrt-: Smith Cable ^yxterm. Inc., DJvi.S No. FAA-2009-0976 

Page 2 of"2 
0_7/07/2_01_0 1G:05 FAX 2024935142 FAA .pM S @003/03 0 

annle 

From: annie [anntoQcatv.comJ 

S«nt: Tuasday, September 09,2008 11:57 AM 

To: 1lnne04Qtnatzaro.nei' 

Cc: 'Shannon' 

Subjaet: Freight from Ketchikan 

We ore scheduled with Aer\ out of Ketchikan, 247-5701 to pick up 3 pallets of tools. Iu99age 

and what not tonu3rrow morning. September 10^ at around Sam. I t will be shipped via Sold 

Streak, airway bill # 74712632 and shouldorpive in Fairbanks by Thursday at the latest. 

The 4 wheeler and gas drill will be put with the truck/trailer to be shipped via the Alaska 

AAorine Highway on Monday, September 15^ to avoid problems with the haxmat paperwork ot 

the airport. We will need to arrange how to get these items to Fairbanks once they arrive in 

Whitticr on September 18^*'. I have attached the ferry confirmation again to this e-mail so 

that we can make arrangements for someone in Ketchikan to help us put it onto the ferry for 

us, Once it leave JCetchfkan we don't have to change it out until it reaches Whittier (same 

boot all the way thru). 

10/1/2008 z DEFENDA 

EXHIBIT NO 

ADMITTED n 

(CASE KlUMBER) 
07/07/201 0 1G:05 FAX 2024935142 FAA •» DMS @l004/030 

our uJ-L'Juo rni I .ui AM ..vltaWAlllKi [hk No. yL-tODUBZI 

S^PLember 5, 2C0910:07tn STATE' Or ALASKA 

DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES 

ALASKA MARINE HIGHWAY SYSTEM 6858 GLACIER HWV 

PO BOX 112505, JUNEAO, AK 99811-2505 

Pag*: a OC 1 

www.ferryalaa ka.com 

Itinerar y Number: 1373086 

Telephone : (907) 465-3941 

(800) 642-0066 

FAX: (907) 465-8824 

SMITH CABLE SYSTEMS 

POBOX1i1868 

ANCHORAGE AK 99611 

CR# 604553 

Attn: Annie fax 907-274-1092 

9/4 Credit card proc«89e<a/PTA ticicets Ketchikan- (ao) 

Thanit you for booking. Pleas© review status and itema for accuracy. This is a 

confirmation of ycur reservation only. It doe© not reflect payments. If you 

are aendiag payment, please do not pay for WAITLISTED iteros. 

^l3^S&k. From nftoarrure TO Arriyal 

M/V Keanicott KETCHIKAN iSSepOe 02;30pin WHITTIBR 18Sep08 06:00ain 

CONFIRMED 32' LONG VEHICLE 

Adjustments: Unaccompanied AK 

?2016.00 

Tota l 32,016.00 (US Funds) 

Tota l does not includ e WAITLISTED Itenxa. 

Your Itinerar y number is 13730Q6. 

SEP-05-S00G l0;36flM From-' 9a746!3aee4 ID: SMITH CASLE SYSTEMS P«»e.'001 RsiaOJc 
07/07/2010 1G:05 FAX 2024935142 FAA •* DMS §1005/030 

SEP-15-2009 0B:38 FROM: 

027 KTN 7471 2632 

-dil907^7i4933 P.1^ 1 

SMITH CABl£ SYSTEMS 

4351 E 146th Ave """TS^t^ 

P0eOX1T1«e5Archefag»AK fl9611 

ANCHORAGE, AK S9515 

USA • T«,, 

027-7471 2632 

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SMITH CABLE SYSTEMS I 27442117126 

4391 e 145th Ave 

PO ^OX 111565 Anchoraoa AK 99511 

ANCHORAGE, AK 09515 

USA Tel: 

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SMrrX CABLE SVeTEMS INC 

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PO BOX 1115«S Andi«mB« AK B0511 

ANCHORAGE, AX 89519 

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Ketchikan 

ANC Alaska Airlines 

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For SMITH CABLE 

SYSTEMS INC 

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lAMOnwiwaoon lOOQfit 

10 Sep 2008 13; 12 Ketchikan Alaska,Airlines, 

DEFENDANT 

I EXHIBIT NO. Jj ^ 

027-7471 2632 

I ADMITTED D 

CM^LOOOIZ 

(CASE NUMHPB^ 
07/07/201 0 1G:05 FAX 2024935142 FAA . nuo 

— '^'^'^ * DM S 12 006/030 

STATE OF MISSOURI ) 

)ss 

COUNTY OF ITiT/AS ) 

Todd Linne, being first duly swom, deposes and says:. 

1. In the summer of 2008, I was employed by Smith C4»ble Systems, Inc. 

("Smith Cable ")- Smith Cable contracted to perfonn work in Ketchikan, Alaska, that 

summer. I have worked for Smith Gable for / years. During that time, I was made 

aware of and familiar with rules and regulations applicable to the transportation of 

hazardous materials on aircraft ("Hazmat"). 

2. At the begiimiog of September 2008, our job was fmishing up and we 

began the process of packing up our equipment and shipping it to either Fairbanks (where 

our next job was) or Anchorage (where our home base was). Our company was sending 

some items via air cargo to Fairbanks and some things via the maritime highway. T 

assisted in the demobilization of the company^s equipment and its preparation for 

shipment to various destinations. 

3. On September 10, 2008, my co-worker Tom /-/Q. / e. K and I were advised 

to get a pallet of items ready to he shipped air cargo. We spent nearly two houn m the 

morning working in the rain preparing materials for shipment from Ketchikan to 

Fairbanks. We knew this material was going to be shipped air cargo, and we knew if 

could not contain hazardous materials without certain requited notification. We placed 

Affidgvit of Todd Linne P«gf 1 of 3 

DEFENDANT 

EXHIBIT NO._C^ 

ADMITTED D 

(CASE NUMBER) 
07/07/201 0 1G:0 5 FAX 2024935142 FAA . OMS ^007/03 0 

all the items on the pallet and secured them in preparation for the pick up. I would not 

have placed (vopane canisters or spray can& on this pallet because I knew that this p<illet 

was being transferred for air cargo to Fairbanks, and these are hazardous substances that 

must be reported. 

4v An employee of Aerl, a local company which picks up and delivers items 

for air cargo, arrived around 9:00 am with a box truck to pick up the shipment. The 

employee had no way to pick up the pallet load and place it in the back of the truck. We 

expected him to have a forklift or similar tool to load the pallet into the back of his truck. 

Because we did not have a forklift, we had to unload die entire pallet and load aj] the 

items by hand into the back of the truck. We did not place propane cylinders into the 

back of the truck, nor did we place any aerosol spray cans in Ae bed. The employee 

assisted us in placing the items in the back of his truck. 

5. We never saw the load of items again. I do not know how they got from 

the back of the truck onto a pallet in the Alaska Air Cargo building. I understood that the 

Aerl employee was responsible for placing the items on the pallet at the building. 

6. I have no idea how an aerosol paint can or gas cylinder got intct the 

materials that were shipped to Fairbanks tor Smitii Cable Systems. Tom and I handled 

everything that was supposed to be shipped, and the paim can and gas cylinders were not 

part of Smiih Cable Systems' shipment. 

Affidavit of Todd Linne Page 2 of 3 
07/07/201 0 1G:0 6 FAX 202493514 2 FAA •> DMS ioos/oso 

7. We did not use any aerosol spray paint on our job and I am not aware of 

our company buying or using such a product on this Job. 

rljpAck CV. i^; UVs./^»—o^ 

TODD LINE 

iiaSIJBSCRTOED AND SWORN to before me this 5 day of June, 2009 

Notary Public in aiid for Missouri 

My commission expires: W'^SiO 

AMANOA F, WAC E 

Notarv Public - Nolary Seal 

state of Mitsoiin 

Cornmisstonedlor Tews County 

My Commlssiiin Eipires: November 25,2010 

Commission Number: 06392756 

AiTldBvlt of Todd Linne Page 3 ofj 
07/07/201 0 1G;0e FAX 2024935142 FAA ^ DMS @1009/030 

U.S. Ol'FAR'IMBN)"/' OKTRAN-SPORTAriON 

FF.DERAL AVIATIO N ADMINISTRATION 

SECUWTY* HA?.ARIX>IJ5 MAIBRjALi' 

3-1 

Photograph ahows the propane and spray paint offered as cargo by SMITH CABLE SYSTEMS. 

Photograph taken on September 15, 2008, by Kyle Forbes, ASAA KTN, and e-mailed the same day. 

The propane and paint were disposed of by ASAA station personnel, KTN. 

The pictures were downloaded directly from e-mail. No alterations were made to the photographs other 

than copying them from Lotus Notes to Microsoft Office "Word. 

Iritetvlewad/Aavlevii«<] On 

g Special Agent .Teffrcy Deitz 

FAAFonn 1600-32-1 (MAI 

DEFENDANT 

EXHIBIT NO. D 

I ADMITTED D 

/CASE NUMBER) 

Frie No. 

200SAL700045 

FOR OFnCIAL USE ONLY 

a*HntiUittana»rsa.i.C. ffO 
07/07/201 0 16:0 6 FAX 2024935142 FAA QMS @|010/030 

U.S. L>r;f ARTMENTOr- TRAN.SPORTATJON 

FEDERAL AVIATION ADMINISTRATION 

SECURtTY k HAZARDOUS MATERIALS 

3 - 2 

photograph is a second view of the hazardous materials. 

The propane and paint were disposed of by ASAA station personnel, KTN. 

The pictures were downloaded directly from e-mail. No alterations were made to the photographs other 

than copying ihem from Lotus Notes to Microsoft Office Word. 

(rrterif(«wed/R«wlaw«d On 

g Special Agent Jeffrey Deitz 

At 

File No, 

2008AL70O045 

FAA Form 160O-32-1 (e«i FOR OFFICIAL USE ONLY 
07/07/201 0 18:1 0 FAX 2024935142 FAA 

* DMS 21001/030 

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Brent R. Cole ---; 

Marston & Cole, P.C. 

821 N Street, Suite 208 ^ . .. ' ; 

Anchorage, AK 99501 ,-"- "•-.:;• 

(907)277-8001 

Attoniey.s tor Smith Cable Systems, Inc. 

UNITED STATES OF AMERICA 

DEPAR IMENT OF TRANSPORTATION 

NATIONAL TRANSPORTATION SAFETY BOARD 

y ••••V- rT^i 

c-rr 

In the matter of: 

Smith Cable Systems, Inc. 

) 

) FAADocketNo. CP09ALOO012 

) 

) DMS NO. f AA-2009-0976 

SMITH CABLE SYSTEMS^ INC. S EXIIIBU LIST 

Sinith Cable Systems, Inc., by and through its attorneys of record, Marston & 

Cole, P.C, submits its exhibit list as follows: 

No. Description 

A E-mail from Annie Afusia to Todd Linne and SOA, Alaska Marine 

Highway System Itinerary Number 1373086 

B Alaska Air Cargo Air Waybill No. 027-7471 -2632 

C Affidavit of Todd Linne 

D Photographs provided by ASAA KTN 

E Alaska Airlines Air Cargo Dangerous Goods Irregularity Report 

F Statements made by Alaska Air Cargo employees Tim Cook and 

Stephen Camp 

G Reports and notes of Hazardous Mateiials Specialist Jeffrey L. Deil/i 

Smith Cable Systems, Inc's Fxhibir I,i.st 

ItTrg: Smith Cable. Sy.'tTam, Inc., DMS No. FAA-20G9-097fi 

Page 1 of2 
07/07/2010 16:10 FAX 2024935142 FAA 

* DMS @10n/030 

US. DrPARTMEMTOFTRANSPOKTATION 

PEDERAL AVIATION ADMINISTRATION 

SBCVRi m HAZARDOUS MATfiftiAi.,5 

3 - 3 

Photograph shows a close up of one of the Propane Cylinders. 

The propane and paint were disposed of by ASAA station personnel, KTN. 

The pictures were downloaded directly from Fujifilm Camera to this document. No alterations were made 

to the photographs other than copying them from Lorus Note.s to Microsoft Office Word. 

Irrtorvlevrtd/Raviewftd On A( 

ay 

Special Agent Jeffrey Deitz Fi1« No. 2008AL700081 

FAA Form 1600-32-1 (>-«j FOR OFFICIAL USE ONLY 

dMwn/nW Miriw l US.C. 1st) 
07/07/201 0 1G;11 FAX 2024835142 FAA •» DM S 21012/03 0 

VS. DEPARI MENT OF rRANSPORlATlON 

l-'EDERAL AVJATION ADMINISTRATION 

siicuRiTY i . HAZARDOUS MATV".RIALS 

3 - 4 

Photograph shows a close up of the back of the spray paint. 

The propane and paint were disposed of by A$AA station personnel, KTN. 

The pictures were downloaded directly jrom Fujifilm Camera to this document. No alterations were made 

to the photographs orher than copying them from Lotus Notes to Microsoft Office Word. 

Inton/iewed/Rsviewed On _____^^__ ^ 

Special Ageni Jeffrey Deitz 

At 

File NO, 

2008AL700081 

FAA Form 1600-32-1 (>.»i FOROPFICIALUSEOMLY 
07/07/2010 1G:11 FAX 2024935142 FAA + DMS 21013/030 

SEP-10-2eae 1Q:5T FROM: TO;19R72714933 P.1^1 

-^^i}i^/As^i:z^/^/f^/^ 

Air Cargo Dangeroua Goods Irreguldrtty Report 

fNSTRUCTfONS: Phcne or fax thin completed report lo the FAA Photographs may be laken to support 

fhe incident. (To report xpllls or leaks irrvoMrtg dangerous goodn. use DOT Form 5800. L r^hich may be 

found in First Clata. Co la: ASA Conferences/A^ En^>irortmerttal/S&E Forms. 

^ Undecloredinitdden 

Type of incident; 'Q Erroneously declared 

D Jnsuflficient/iin proper 

absorption materials 

Q Quantity exceeds allowed limits 

O Improper inside containers 

Q Inside containers not orieried as shown on 

the packaging 

ZMTIAL INCIDENT INFORMATIOM: 

Oalc/Time discovered; ^^^f^ ^-P oa. 

Where and how discovered (e.g. X-ray, physical Inspection, spill, eic): 

Neme/phone number ofperson reponing: 

Where are Ihe dangerous goods now? M ^ Z^)0^firV 

CA.RGO INFORMATIOIN: 

Air Waybill number of Jtem(s) containing Oungerou; Goods; _ 

Type of cargo involved (e.g. Goldstrcalt. Goldrush, Cargo, etc): 

^^3^. 

Are (Sere any nC labels on the^lsifle «r the Jnipmenf? Q 

^2mt^ 

UN Number 

ipniem^ QYes ]?fNo If yes, what kind?/^> l?f^ ^ 

Total number of pieces oCTered by shipper: '^iT 

Toial number of pieces containing Oanserpus Goods: ^.-

SHIPPER INTOAMATION: 

Name: 

Address 

Chy: Jkil h 

Tefephone number . fii=# 

State: ^"1"^ , ^'P Code 33^!^ -

ven 

rNCJDENT DKSCRIPTION: 

Describe the dangerous goods that was found, incljdingtypc. amount, brand name or 

manufaciureretc: 4>^i L "kj^^fc j <^f/y^ I OoL^Ttp 

/unrf H/^J i^n^ ^iXf\r\—k>D^id.€._^i_iSC)tLV^ 

zH-21 (oen3> DEFENDANT 

I EXHIBIT NO. . £ 

[ADMITTED .• 

(CASE NUMBER) 
07/07/2010 1G:11 FAX 2024935142 FAA * OMS 

§1014/03 0 

"TknCook" To Jeff OeiC/AAUFAA@FAA 

<Tim.Caolc@Ala5l<aAlr,com> 

09/15/2008 09:58 AM 

bcc 

Subject AWB #7471-2632 

Hello, 

I was working the werehouse when nhe shipment with the air way bill of 

7471-2632 was droped off. 

X send the item's that needed to be screened to TSA as a known shipper. Them 

item'? where fine so i send ic to the ramp to be loaded on aircraft. 

Later that day it was bumped from the aircraft due to room and wa-s sent back: 

ho 

the uerehouse where a ,rarti.per spilled few peaces off the pallet where 2 

propane 

bottles fel3 oot. 

Then after that i did a 100% screen and found a spray paint bottle full in 

the 

bottom of a action packer crate .. 

Any thing you need please email me of call me at work. 

Thank you 

Tim Cook 

DEFENDANT 

I EXHIBIT NO._t__ 

I ADMITTED D 

Cj>OnL0OD}7_ 

(CASE NUMBER) 
07/07/201 0 1B:11 FAX 2024935142 FAA •> DMS 21015/03 0 

'Stephen Camp* 

<Stephen.Camp@Ala8l(8Alr.c 

om> 

09/l5/200a 09:43 AM 

To Jeff DeltE/AAUFAA@FAA 

cc 

bcc 

Subject regardine awt 7471-2632 

While pickin g up a'small beach barbeque/ two Coleman camping propane bottles, 

both of which were halfway full fell out. Then Tim Cook screened 100* and 

found 

some spray paint as well. After removing the restricted articles the cargo was 

sent on flight 69 chat evening. 

fhh 060O1 
07/07/2010 1G:12 FAX 2024935142 FAA ^ DMS @l01G/030 

k.C4A^ ^'^i^ ^ /-/* / yn^c^U i) ^ ^ ^^i ^ 

«"^^ ES 

ADMITTED • 

fCASEN^MBER) 
07/07/201 0 ie:1 2 FAX 2024935142 FAA .DM S 0017/03 0 

RECORD OF INTERVIEW: Jessica Freeman, Freight Driver, Aero Services, 

Ketchikan, AK (907)247-5701 

On September 14,2009, the undersigned telephonically interviewed Jessica Freeman 

regarding the circumstances sunounding the pick up of freight from Smith Cable, and 

subsequent offering of the fteightto ASAA in Ketchikan on September 10, 2008, in 

which undeclared hazardous materials were discovered. Prior to the interview Freeman 

was informed that the purpose of the interview was for the investigation of a regulatory 

violation. Freeman agreed to be interviewed and related the following: 

Freeman stated that she does not remember this particular shipment. She stated 

that it was not unusual to break down a pallet for loading in her truck and repalletizing the load at ASAA. Freeman also stated that it was not unusual for her 

to have more than one shipment in the truck at a time. 

Freeman said that because of liability reasons she would always keep the 

shipments physically separate. Because the company held her personally 

responsible and liable, she would ensure that if more than one shipment was 

present in the truck that they would not mix. 

Freeman stated that she has picked up freight for over a year and never had a 

mistake or complaint. 

Jeffrey'L, ISejt^^ Special Agem 

Hazardous Iviaierials Specialist 

fAAOooM 
07/07/2010 1G:12 FAX 2024935142 FAA + DMS 121018/030 

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•L •JJ / a /ILT- ^ 

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fAAOOOOS 
07/07/201 0 1G:12 FAX 2024935142 FAA .QM S 0019/03 0 

AGENT STATEMENT: Jeffrey L. Deitz, Special Agent (SA), Federal Aviation 

Administration^ Office of Security and Hazardous Materials, 222 West 7* Avenue #14, 

Anchorage, Alaska, 99523, Telephone (907) 271-5003. 

After receiving a copy of the letter submitted to Glenn Brown by Marston &. Cole, 

I pulled the case file and went over the contents. 

In the Affidavit of Todd Linne, Linne states that he and his coworker never 

loaded any propane cylinders nor an aerosol can of paint. 

In the ASAA Irregularity Report it states that the propane was discovered inside a 

small stove, and when the rest of thipment was searched the paint was found. All 

hazmat was hidden and not visible to those loading it. 

In my notes I found a statement from ASAA employee, Stephan Camp. In this 

statement Camp states that while picking up a small beach baibeque, two 

Coleman camping propane bottles fell out. He had Tim Cook screen the rest of 

the shipment where the paint was discovered. Again the hazmat is said to be 

hidden from view. 

I also found in my notes, reference to a telephone conversation that I had with 

Ron Smith, President of Smith Cable Systems, where he stated that his internal 

investigation showed that they did ship the items and that they had a grill. Ttds 

conversation took place on September 27,2008 at 1135 hours. 

4 / ^ 

/JM^fey L Deitz, Special Agent 

Hazardous Materials Specialist 

fMOCOO^ 
07/07/201 0 16:1 2 FAX 2024935142 FAA * DMS 0020/030 

U.S. DEPARTMENT UF TRANSPORTATION 

KKDEIlAL AVIATION ADMINISTRATION 

SECURITY A HAZARDOUS MATERIALS 

ACCENT STATEMENT; Jeffrey L. Deitz. Special Agent (SA), Federal Aviation Administration, Office 

of Security and Hazardous Materials, 222 West f^ Avenue #14, Anchorage, Alaska, 99523, Telephone 

(907)271-5003. 

On September 15, 2008, this office received notification from Alaska Airlines (ASAA) Cargo 

Facility located in Ketchikan, AK. The notification stated that on September 10, 2008, SMITH 

CABLE SYSTEMS offered undeclared hazardous materials for air transportation from KTN to FAI 

as part of a 24 piece cargo shipment. 

ASAA reported that in this shipment offered on ASAA Air Waybill # 7471 2632, was found to 

contain two 16.4 ounce cylinders of Coleman Propane fuel (Petroleum gases, liquefied, class 2.1, 

UN1075) and one 12 ounce can of Premium Decor .spray paint (Aerosols, flammable, class 2.1, 

UNI 950). 

ASAA in KTN provided photographs, aDG irregularity report and a copy of the Air Waybill. The 

photographs were taken on September 15, 2008, by Kyle Forbes, ASAA KTN, and e-mailed to me 

the same day. 

Material Safety Data Sheets (MSDS) were obtained for both the Coleman Propane and Premium 

d6coT spray paint. 

On September 17, 2008, a Letter of investigation was dispatched to SMITH CABLE SYSTEMS 

concerning my investigation. 

On October 1,2008,1 received a telephone call from Ron Smith, President of SMITH CABLE 

SYSTEMS. He wanted to acknowledge the receipt of the LOl and said that he did not know 

anything about the shipment but would get back to me. 

On October 27, 2008, not having received anything from Ron Smith, I telephoned him. He 

apologized for not getting back to me and said that an internal investigation conducted by him 

confirmed that they had shipped the hazardous materials in question. He promised to send a written 

account to me. As of November 5, 2008, nothing has been received. 

."Jeffrey L.Deitz, Special Agent 

^ Hazardous Materials Specialist 

ln(»rvl«wMl/RBVlewe4 On Al 

- Special Agent Jeffrey Deitz File No. 

2008AL700081 

FAA Form 1600-32-1 iB->ei FOR OFFICIAL USE ONLY 

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07/07/201 0 16:13 FAX 2024935142 FAA ^ DMS 0021/03 0 

e 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

ANCHORAGE AVIATION 

SECURlTf and HAZARDOUS 

AUTERIAI3 

i n Wen 7" Avenue HU 

Anchonit«, AUiha 99S13-7587 

Tel: 907> 271-5003 

P«K(907I 271-4833 

CERTIFIED MAIL—RETURN RECEIPT REQUESTED 

Smith Cable Systems 

Attn: Presldent/CEO 

PO Box 111565 

Anchorage. AK 99511 

SEP 1 "rrM 

Dear Sir or Madam: 

Letter of Investigation 

File Number: 2008AL700081 

On September 15, 2008, the Federal Aviation Administration (FAA) Office of Security and 

Hazardous Materials (ASH) branch office in Anchorage, Alaska was notified of undeclared 

hazardous materials discovered by Alaska Airlines (ASAA), at the Ketchikan airport (KTN). 

Specifically, ASAA reported to this office that on September 10. 2008, your company offered a 

24 piece shipment to ASAA for air transportation as cargo from KTN to Fairbanks, AK on air 

waybill # 7471 2632. During the handling process, two 16.4 ounce/465 gram cylinders of 

Coleman Propane (Petroleum gases, liquefied, class 2.1, UNl075)were discovered, This led to 

further inspection/screening where one 12 oz can of Premium D6cor spray paint (Aerosols, 

flammable, class 2.1, UNI 950) was discovered. Liquefied petnaleum gases are forbidden for 

transportation on a passenger carrying aircraft. 

The Federal Aviation Administration is conducting an investigation into this matter and 

preliminary evidence Indicates tfiat you may have violated the Federal Hazardous Matenals 

Regulations, 49 Code of Federal Regulations. 

We wish to offer you the opportunity to furnish explanatory infonnation reflecting extenuating or 

mitigating circurnstances regarding these alleged violations. Your written reply will be needed 

within ten (10) working days of receipt of this letter to resolve this matter promptly. If no 

response is received, this case will be processed without the benefit of your reply. 

Please Include in your response, the hazmat training records for anyone involved with this 

shipment. 

Hazardous Materials Specialist 

Hazardous Materials Branch 

Anchorage Office 
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UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

SMITH CABLE SYSTEMS, INC. 

FAA DOCKET NO. CP09AL0012 

(Civil Penalty Action) 

J U JUN -7 2010 \y j 

MARSTON & COLE. PC 

DMS NO. FAA-2009-0976 

FAA^S RESPONSE TO SMITH CABLETS FIRST DISCOVERY REQUEST 

Complainant Federal Aviation Administration ("FAA"), through counsel, hereby 

responds to the various discovery requests contained in Respondent's Discovery Requests to 

Administrator served on the FAA by respondent Smith Cable Systems, Inc. ("Smith Cable"). 

REQUEST FOR PRODUCTION NO. 1: Please produce a copy of any recorded witnes.'i 

interviews. 

FAA'S RESPONSE: The FAA has no recordings of any interviews of witnesses in this 

matter. 

REOUEST FOR PRODUCTION NO. 2: Please produce a copy of any notes taken during any 

witness interviews. 

FAA'S RESPONSE; On January 13, 2009, the FAA provided the releasable portion of 

its enforcement investigative report ("EIR") to Smith Cable. In addition to the notes contained in 

that report, the FAA herewith produces the following; 

F AAOOOO1 Email from Stephen Camp of Alaska Airlines to Jefl' Dcit/: 

F AA00002 Email from Tim Cook of Alaska Airiincg to Jeff Deitz 

FAA00003 Jeff Deitz's notes of interview with Jessica Freeman of Aero Serviices 

DEFENDANT 

EXHIBIT NO. H 

ADMITTED • 

tmi\Loooiz 

(CASE NUMBER) 
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F AA00004 Record of Interview of Jessica Freeman by Jeff Deitz 

FAA00005 Jeff Deitz's notes of interview with Ron Smith of Smith Cable 

FAA00006 JetTDeiTz's Agent Statement 

REOUEST FOR PRODUCTION NO. 3: Please produce a copy of all notes taken by .Jeffrey 

Deitz during this investigation. 

FAA'S RESPONSE: On January 13, 2009, the FAA provided the releasable portion of 

its enforcement investigative report to Smith Cable. Beyond the material provided from the EIR 

and in response to Request tor Production No. 2 above, the FAA has no notes taken by FAA 

Special Agent Jeffrey Deitz in its custody or control that are responsive to this request. 

REOUEST FOR PRODUCTION NO. 4: Please produce a copy of all notes taken by any other 

FAA investigator involved in this investigation. 

FAA'S RESPONSE: On January 13,2009, the FAA provided the releasable portion of 

its enforcement investigative report to Smith Cable. Beyond the material provided from thie EIR, 

the FAA has no notes taken by any of its investigators in its custody or control that are 

responsive to this request. 

REOUEST FOR ADMISSION NO. 1: Please admit that a Smith Cable employee did not 

prepare the Alaska Air Cargo Air Waybill Number 027-7471 2632. 

FAA^S RESPONSE: Denied. Because the waybill 

a) identifies the shipper as "Smith Cable Systems"; 

b) indicates a shipper's address that, on information and belief, is an address which Smith 

Cable uses for its business; 

c) indicates an Alaska Air Cargo shipper's account number that, on information and belief, 

is an account number used by Smith Cable; 

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d) indicates an Alaska Air Cargo customer's ID number that, on information and belief, is 

an ID number used by Smith Cable; 

e) identifies the consignee as "Smith Cable Systems"; 

f) indicates a consignee's address that, on information and belief, is an address which Smith 

Cable uses for its business; 

g) indicates an Alaska Air Cargo consignee's account number that, on infoimation and 

belief, is an account number used by Smith Cable; 

h) reads, in the ** Accounting Infonnation" portion of the waybill, "SMITH CABLE 

SYSTEMS INC."; 

i) indicates, in the "Accounting Information" portion of the waybill, an address and 

customer's ID number that, on infoimation and belief, are both used by Smith Cable; 

j) indicates, in the shipper's certification portion of the waybill, that the shipper's 

certification was executed for "SMITH CABLE SYSTEMS INC"; and 

k) indicates, in the shipper's certification portion of the waybill, that the waybill was signed 

by the "Shipper or his Agent", 

the FAA does not admit that a Smith Cable employee did not prepare the waybill. 

REOUEST FOR ADMISSION NO. 2: Please admit that a Smith Cable employee did not .sign 

the Alaska Air Cargo Air Waybill Number 027-7471 2632. 

FAA'S RESPONSE; Denied. Although fhe lone signature on the waybill is presently 

illegible to the FAA, the waybill itself recites that it was signed by the "Shipper or his agent", 

allowing for the possibility that it was signed by an employee of the shipper, Smith Cable. 

INTERROGATORY NO. 1: Please list all fact's that support your contention that Aerl company 

M'as authorized to act as an agent for Smith Cable. 

FAA'S RESPONSE: Smith Cable provided an Affidavit of Todd Linne dated June 5, 

2009 to FAA, In that afFidavit, Mr. Linne relates that, in September 2008 while working for 

Smith Cable in Ketchikan, he helped Smith Cable prepare a pallet of items to be shipped air 

cargo from Ketchikan to Fairbanks. Specifically, Mr. Linne relates that on September 10, 2008, 

Smith Cable Systems. Inc. -3- DMS No. FAA-2009-0976 
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he personally prepared the items for the air cargo shipment from Ketchikan to Fairbanks and 

gave them to "Aerl", which he in his affidavit describes as "a local company which picks up and 

delivers items for air cargo". Mr. Linne specifically describes how he assisted in "placing the 

items in the back of [the 'Aerl' company employee's] truck." 

The waybill described in the FAA's response to Request for Admission No. I above is 

dated September 10, 2008, originated in Ketchikan, identifies Fairbanks as the airport of 

destination, and identifies Smith Cable in numerous spots as both the shipper and the consignee. 

Although the FAA has not alleged that another company served as Smith Cable's agent in 

dispatching the shipment at issue in this matter, these facts amply support a conclusion that 

Smith Cable did in fact authorize Aero Services to act as Smith Cable's agent. 

REQUEST FOR PRODUCTION NO. 5: Please produce any documents which support the 

proposition that Aerl company was authorized to act as an agent for Smith Cable. 

FAA'S RESPQNSE: All documents known to the FAA that are responsive to this 

request are already in Smith Cable's possession, including the waybill described in the FAA's 

response to Request for Admission No. 1 above and the Affidavit of Todd Limic described in the 

FAA's response to Interrogatory No. 1 above. 

REOUEST FOR ADMISSION NO. 3; Please admit that the hazardous materials in question 

were placed on the pallet by either employees for Aerl company or Alaska Air Cargo employees 

or both. 

FAA'S RESPONSE: Denied. In the Affidavit of Todd Linne described in the FAA's 

response to Interrogatory No. I above, Mr. Linne (1) identifies himself as a Smith Cable 

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employee, (2) describes how, on September 10,2008, he, as part of his work duties, personally 

worked to "get a pallet of items ready to be shipped air cargo . .. fi^om Ketchikan to Fairbanks", 

and (3) describes how he "placed all the items on the pallet and secured them in preparation for 

the pick up." That the shipment was discovered later in the day to include hazardous materials 

supports the conclusion that one or more Smith Cable employees placed hazardous materials on 

the pallet. 

REOUEST FOR ADMISSION NO. 4: Please admit that Smith Cable employees were not 

present when the hazardous materials were placed on the pallet. 

FAA'S RESPONSE: Denied. Seethe FAA's Response to Request for Admission No. 

3. 

INTERROGA TOR Y NO. 2: Please set forth all facts known to you that support your contention 

that Smith Cable "knowingly "placed hazardous materials in air cargo. 

FAA'S RESPONSE: The FAA has alleged that Smith Cable "knowingly offered to 

Alaska Airlines a shipment containing hazardous material for transportation by air. ... " 

Complaint at 1. Under 49 U.S.C. § 5123(a)(1), a person knowingly violates 49 C.F.R. Chapter I, 

Subchapter C if he or she has actual knowledge of the facts giving rise to the violation or if a 

reasonable person, acting in the circumstances and exercising reasonable care, would have that 

knowledge. 

The FAA has not, as this interrogatory posits, contended that Smith Cable knowingly 

placed hazardous materials in air cargo, Father, the FAA contends that Smith Cable knowingly 

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offered a shipment for transportation by air and that the shipment contained hazardous materials. 

See Riverdale Mills Corp.. FA A Order No. 2003-10 at 5 (Sept. 12, 2003). 

REQUEST FOR ADMISSION NO, 5: Please admit that you do not know whether the 

hazardous materials were present at the timeSniith Cable's cargo was picked up by an employee 

of Aerl company. 

FAA'S RESPONSE: Denied. The FAA contends that Smith Cable knowingly offered a 

shipment for transportation by air and that the shipment contained hazardous materials. In the 

Affidavit of Todd Linne described in the FAA's response to Interrogatory No. 1 above, Mr. 

Linne alleges that an employee of "Aerl", likely Aero Services, transported the Smith Cable 

shipment to Alaska Airlines. Mr, Linne says the shipment did not include any propane cylinders 

or aerosols. 

However, the FAA interviewed Jessica Freeman, an employee of Aero Services, v/ho 

said that Aero Services employs specific procedures to keep shipments intact from receipt to 

delivery so that items are neither added nor removed. Moreover, Smith Cable President P^on 

Smith told Jeffrey Deitz that Smith Cable's equipment in Ketchikan, which Mr. Linne was to 

demobilize and return to Fairbanks, included a grill. Combine that with the di.'jcovery by /Uaska 

Airlines' personnel of the hazardous materials within the Smith Cable shipment, the self-serving 

statements of Smith Cable's employee are insufficient to overcome the conclusion that the 

hazardous materials were present at the time Smith Cable's shipment was picked up by Aero 

Services. 

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REQUEST FOR ADMISSION NO. 6: Please admit that you did not seize or keep any of the 

hazardous materials property. 

FAA'S RESPONSE; The FAA admits that it did not seize any of the items it alleges 

Smith Cable shipped in this matter. 

REQUEST FOR ADMISSION NO. 7: Please admit that you did not seize or keep the small 

beach barbecue. 

FAA'S, RESPONSE: The FAA admits that it did not seize any of the items it alleges 

Smith Cable shipped in this matter, 

REOUEST FOR ADMISSION NO. 8: Please admit (hat you did not seize or keep the camp 

stove. 

FAA'S RESPONSE: The FAA admits that it did not seize any of the items it alleges 

Smith Cable shipped in this matter. 

REOUEST FOR ADMISSION NO. 9: Please admit that there were no markings on the items 

in question identifying who owned them. 

FAA* S RESPONSE: The FAA has not alleged that Smith Cable owned the hazardous 

materials at issue in this matter. Rather, the FAA has alleged that Smith Cable offered them for 

transportation by air. The FAA does not know whether there were ownership-related markings 

on the propane cylinders or aerosol can and therefore denies same. 

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INTERROGA TOR Y NO. 3: If your response to any of the foregoing requests for admission is 

anything hut a full admission, please state all factual information supporting your denial and 

whether a reasonable inquiry has been made by you to ascertain the facts regarding each 

request you denied. 

FAA'S RESPONSE: The FAA's response to each Request for Admission includes all 

factual information requested and was made after a reasonable inquiry to ascertain the facts 

regarding each request. 

V v ^ 

DATED this f _ day of June, 2010. 

HOWARD L. MARTIN, JR. 

Regional Counsel 

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CERTIFICATE OF SERVICE 

Re: Smith Cable Systems, Inc. 

FAA Docket No, CP09AL0012 

DMS No. FAA.2009-0976 

I HEREBY CER riFY that on this date I have served the original of the foregoing with 

attachments by postage-prepaid U.S. mail addressed to: 

Brent R. Cole 

Marston & Cole, P.C. 

821 N Street, Suite 208 

Anchorage, AK 99501 

DATED: (7,. ^ J . ^^JQj O 

Federal Aviation Administratio] 

Office of Regional Counsel 

222 West 7th Avenue, Box 14, AAL-7 

Anchorage, AK 99513-7587 

7^,c<Mh ^ 

Smith Cable Systems. Inc. -9- DMS No. FAA-2009-0976