UNITED STATES DEPARTMENT OF TRANSPOR'rA'^ION;,^fn/^|>kV|p;^^ 

OFFICE OF HEARINGS •.••• W-rT^'-ri/bVlin'!'':: 

WASHINGTON. D.C.^ .-..a-> .'|-Lr.Al,l,v> 

;j;i ^F K) P r l!l 

(N THE MATTER OF 

TGI FREIGHT 

FAA DOCKET NO. CP10NM0012 

{Civil Penally Action) 

DMSNO. FAA-2010-1079 

FAA S EXHIBIT LIST 

The Federal Aviation Administration ("FAA"), 222 West Seventh Avenue, 

Box#l4, Anchorage, Alaska 99513,(907)271-5269. hereby submits its list of exhibits 

which the Agency anticipates offering into evidence during the hearing. A brief statement 

summarizing what the document shows and its relevancy to the issue in this case is 

included. 

A-1 Email from Kerri Ketz, Alaska Airlines (February 19, 2010 at 10:39 

AM), regarding AWB 027-3371 9873, undeclared hazmat (Unitex ProPoxy 400) found in shipment. 

A-2 Alaska Airlines Air Waybill No. 027-3371 9873 (February 19, 201 Oat 

09:15). 

FAA's Exhibit Lisi 

In Ihe Matter of TGI FreiulU 

Docket No. CPI0NM0012 

Page I of6 
A-3 Alaska Airlines Air Wavbill No. 027-3371 9873 (February 19. 2010 at 

09:39). 

A-4 Alaska Airlines Air Waybill No. 027-3371 9840 (February 19, 2010 at 

09:24). 

A-5 Shipper's Declaration of Dangerous Goods (February 18, 2010). 

References Air Waybill No. 027-2271-9840. Executed by Jeff 

Jueneman. D.G. Aeent for Parson's Infrastructure. 

A-6 Alaska Airlines Air Waybill No. 027-3371 9825 (Februarv 19, 2010 at 

09:18). 

A-7 Shipper's Declaration of Dangerous Goods (February 18, 2010). 

References Air Waybill No. 027-227U9825. Executed by Jeff 

Jueneman, D.G. Agent for Parson's Infrastructure. 

A-8 Hazardous Material Incident Report (February 19. 2010). 

A-9 Photograph showing the entire shipment offered to Alaska Airlines by 

TGI Freight as cargo on Waybill No. 027-3371 9873. 

A- Photograph showing the four boxes of Unitex Pro-Poxy 400 adhesive 

10 TGI Freight offered as cargo on Waybill No. 027-3371 9873. 

A- Photograph showing one of Alaska Airlines" freight tags on one of the 

11 four boxes of Unitex Pro-Poxy 400 adhesive offered by TGI Freight on 

Waybill No. 027-3371 9873. ' 

A- Photograph showing the tubes of Unitex Pro-Poxy 400 adhesive that was 

12 inside one of the boxes Unitex Pro-Poxy 400 adhesive offered by TGI 

Freight on Waybill No. 027-3371 9873. 

FAA's Exhibit List 

In the Matter of TGI Freight 

Docket No. CPI0NM0012 

Paae 2 of 6 
A- Photograph showing a close up view of one box of the Unitex Pro-Poxy 

13 400 adhesive that was offered by TGI Freight for air transportation. 

A- Photograph showing enlargement of the Unitex label on the top of the 

14 four boxes offered to Alaska Airlines as cargo by TGI Freight on 

Waybill No. 027-3371 9873. 

A- Photograph showing enlargement of the Unitex label on the side of a 275 

15 ml tube of Pro-Poxy 400. exhibiting a Class D, Poisonous and Infectious 

Material Workplace Hazardous Materials Information Symbol as well as 

noting that it is an adhesive. ("Per NTSB Safety Recommendations, the 

use of adhesive anchors is prohibited in sustained overhead load 

anchoring applications.") 

A- Material Workplace Hazardous Materials Information Symbols 

16 (MWHMIS), depicting the Class D, Poisonous and Infectious Material 

Workplace Hazardous Materials Information Symbol shown on the side 

of one of the 275 ml lube of Pro-Poxy 400 that was offered by TGI 

Freight as cargo on Waybill No. 027-3371 9873. 

A- An example Unitex box of Pro-Poxy 400 adhesive similar to one of the 

17 four offered by TGI Freight as cargo on Waybill No. 027-3371 9873. 

A- An example tube of Pro-Poxy 400 adhesive similar those in the four 

18 Unitex boxes offered as cargo on Waybill No. 027-3371 9873. 

A- Material Safety Data Sheet (MSDS). Unitex, Pro-Poxy 400 (Revision 

19 Date: July 2, 2008). Indicates that Part A has a flash point of 65 degrees 

F.; Part B has a flash point of 315 degrees F.. Its Flammability 

Classification is: "Flainntable Liquid". Shipping natne: "'Adhesive, 3, 

UNI 133, PGIIi". Label Flammable Liquid 3 (only when shipping by air 

or water). 

A- Material Safety Data Sheet (MSDS). Unitex, Pro-Poxy 400 (Revision 

20 Date: February 22, 2010). Indicates that Part A has a Hash point of 65 

degrees F.: Part B ha.s a Hash point of 3J5 degrees F.. lis Flammability 

FAA's E.\hibit List 

In the ManerofTGI Freight 

Docket No. CP10NM0012 

Paee3 of 6 
Classification is: "Flammable Liquid". Shipping name: "Adhesive, 3. 

UNI 133. PGlll". Label Flammable Liquid 3 (only when shipping by air 

or water). [Offered only if needed to show that that the contents of the 

product did not change at all.] 

A- Letter of Investigation, addressed to Parsons Corporation, dated 

21 Febntarv 19.2010. 

A- TGI Freight's response to FAA's Letter of Investigation, dated 

22 February 26. 2010. 

A- TGI Freight's second response to FAA's Letter of Investigation, dated 

23 March 18-2010. 

A- Alaska Airlines Cargospot Note (February 23, 2010 at 1:30 pm). 

24 Consignee of the shipment for Air Waybill 027-3371 9873 came to pick 

it up and was advised that it never left anchorage due to hazmat. 

Consignee advised that he left the shipment with TGI to ship as hazmat 

and paid them to fill out the paperwork. 

A- Statement of Jose Gayton (October 21, 2010). Notes he informed Bob 

25 Dexheimer thai the Pro-Poxy 400 was hazmat and thus would need to go 

to TGI for shipment to Ketchikan. 

A- Jeff Deitz's notes from interview with Bob Dexheimer, FAA Logistics 

26 Management Specialist. Interview notes indicate Mr. Dexheimer took 

the shipment over to TGI Freight ai\d explained that the shipment 

contained hazmat. 

A- Picture of Misty Fjord Weather Camera facility built by Parsons for the 

27 FAA on New Eddystone Island. 

A- Copy of email from Craig Shultz to Masanori Akers, attaching the 

28 MSDS sheets for the hardener, resin, Pro-J*o.xy 400, and Cadweld shotitems Parsons believed were likely regulated hazardous materials. 

FAA's Exhibit List 

In the Matter of TGI Freight 

Docket No. CP10NM0012 

Page 4 of6 
A- Robert L. Dexheimer. User Learning History (print out dated .^pril 4. 

29 2011). 

A- Jeffrev Lynn Deitz, User Learning History (print out dated January 25, 

30 20 M)'. 

A- Statement ofJeffDeitz (March 31, 2010). Noted that TGI Freight had 

31 one prior hazmat violation. 

A- Warning Notice issued to TGI Freight (March 31, 2006). (TGI Freight 

32 improperly offered a shipment containing hazmat to Northern Air 

Cargo.) 

A- Copy of TGI Freight's web site information advertising its expertise in 

33 the shipment of hazmat by air. 

A- Copies of Material Safety Data Sheets for epoxy products that are 

34 regulated as hazardous materials under the Hazardous Material 

Regulations. 

RESPECTFULLY SUBMITTED this 16" day of September 2011. 

HOWARD L. MARTIN, JR. 

Regional Counsel 

d L j 

By: ^ 1 _ 

Cheryl M. Jones 

Senior Attorney 

FAA's Exhibit List 

In [he ManerofTGI Freight 

Docket No. CPI0NM00I2 

Page 5 of6 
CERTIFICATE OF SERVICE 

Re: TGI Freight 

FAA Docket No. CPI ON MOO 12 

DMSNO. FAA-2010-1079 

I cenify that on this date I have served acopy of the FAA's Exhibit List by placing it in the 

United States Mail, postage-prepaid, certillcd mail, return receipt requested, addressed as 

follows: 

Original and 1 Copy 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

One Copy 

Rebeccn J. Hozubin, Esq. 

Wilkerson Hozubin 

310 K Street, Suite 405 

Anchorage, AK 99501 

[enclosures: copies of all exhibits except nos. 17 and 18, which TGI Freight has 

already seen and which are already represented in photographs currently in the 

possession of TO I Freigh^l 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20 

U.S. Department of Transportation 

East Building Ground Floor, Room El2-300 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

Fax:. 202-366-7536 

Office of the Regional Counsel/7 / / /Dat e ) 

111 West 7th Avenue //14 ^ t / 

Anchorage, Alaska 99513-7587 

FAA's Exhibit List 

In the Maner of TqlJiekht 

•DocketNo. CPI0NM00I2 

Page 6 of 6