UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASIDNGTON, D.C.

IN THE MATTER OF CHRISTINE CLOUD DOCKET NO. FAA 2014-0321 (Civil PenaltyProceeding) 

# RECEIVED OCT I5 2014 HEARING DOCKET

COMPLAINANT'S FIRST SET OF REQUESTS FORADMISSION, INTERROGATORIES, AND REQUESTS FORPRODUCTION OF DOCUMENTS To: Christine Cloud Pursuant to 14 C.F.R. § 13.220, the Complainant, by and through its Regional Counsel, requests that you, byNovember 7, 2014, make the requested admissions, answer the following interrogatories under oath, and identify and produce the requested documents for inspection and copying at the Office ofthe Regional Counsel, Alaskan Region FAA, 222 W. 7th Avenue, Box 14, Anchorage, Alaska 99513-7587. These requests are deemed continuing, and any information secured after answering and/or supplying the requested answers or documents/items is to be supplied by supplemental productionpursuant to § 13.220(i) ofthe Rules ofPractice inFAA Civil Penalty Actions. BE ADVISED that 14 C.F.R. § 13.220(1)(1) states, "Aparty's failure to respond to a requestfor admission, in writing and signed bythe attorney orthe party, not later than 30 days after service ofthe request, is deemed an admission ofthetruth ofthe statement or statements contained in the request for admission." DEFINITIONS 1. "Documents" means, regardless oforigin or location, any handwriting, note, letter, manual, memorandum, record, report, statement, study, drawing, sketch, photograph, telegram, telex, or message, whether reported, transcribed, punched, taped, filmed or graphically represented in any manner, or material ofany kind inthe possession of, subject to the control of, or withinthe knowledge of, Respondent and/or his employees, agents, consultants, or experts.

12. "Identify" and/or "state the identity of" with reference to individuals means state the name, current orlast known address, employer, andjob description ortitle, and telephone number. 3. "Identify all documents" means state the date and author unless apparent from the document. 4. As listedherein, singular pronouns also include the plural. 5. "You," "your," and "Respondent" as used hereinreferto Christine Cloud, the Respondent inthis matter. REQUESTS FORADMISSION Please admitthe truth ofeach ofthe following statements: 1. On or about February 20, 2013, you knowingly offered to AlaskaAirlines a 16-piece non-bulk shipment for transportationby air from Anchorage, Alaska, to Seattle, Washington. 2. The shipment referenced inRequest for AdmissionNo. 1was assigned AlaskaAirlines AirWaybill No. 027-8464-8981. 3. Atthe time you offered the shipmentreferenced inRequest for AdmissionNo. 1to Alaska Airlines, you declared thatthe shipment consisted of"Household goods," and that it did not contain dangerous goods. 4. Included in the shipment referenced inRequest for AdmissionNo. 1were two 8.11- ounce and one 3.53-ounce canisters ofJetboil Jetpower Isobutane/Propane fuel mix and two aerosol canisters ofbear deterrent, one manufactured by Counter Assault, and the otherby UDAP. 5. Each ofthe canisters ofJetboil Jetpower Isobutane/Propane fuel mix referenced in Request for AdmissionNo. 1 is classified as a hazardous material under§ 172.101 ofthe United States Department ofTransportation Hazardous Materials Regulations (HMR), 49 C.F.R. Chapter I, Subchapter C (Parts 171-80). Its proper shipping name is "Petroleum gases, liquefied." It is inhazard class 2.1 (Flanunable gas) and has an assigned identification number ofUN1075. Column 9A ofthe§ 172.101 table provides that it is forbidden on passenger aircraft. 6. Each ofthe canisters referenced in Request for AdmissionNo. 1 ofbear deterrent is classified as a hazardous material under the HMR. Its proper shipping name is "Aerosols, flammable." It is inhazard class 2.1 (Flanunable gas) and has an assigned identification number ofUN1950.

27. Atthe time you offered the shipment referenced in Request for AdmissionNo. 1, you did notprovideto Alaska Airlines a Shipper's Declarationfor Dangerous Goods. 8. Atthe timeyou offered the shipmentreferenced inRequest for AdmissionNo. 1, the shipping paper did not include an emergencyresponse telephone number as prescribedin subpart G ofpart 172 ofthe HMR. 9. At the time you offeredthe shipment ofhazardous materials referenced in Request for AdmissionNo. 1, there was no shipping description ofthe hazardous material onthe shipping paperthat included the identification numberprescribed for the material as shown in Column (4) ofthe§ 172.101 table, the proper shipping name prescribed for the material in Column (2) ofthe § 172.101 table, the hazard class or division number prescribed for the material as shown in Column (3) ofthe § 172.101 table, or the total net mass perpackage. 10. Atthe time you offeredthe shipmentreferenced in Request for AdmissionNo. 1, the descriptioninthe shipping paper did not include a statement indicating that the shipment is withinthe limitations prescribed for eitherpassenger and cargo aircraft or cargo aircraft only. 11. Atthe time youoffered the shipmentreferenced inRequest for AdmissionNo. 1, the shipping paper did not include the certification contained in§ 172.204(a)(1) ofthe HMR, the declaration contained in§ 172.204(a)(2) ofthe HMR, the certification contained in§ 172.204(c)(1) ofthe HMR, orthe additional statement specified in§ 172.204(c)(3) ofthe HMR. 12. Atthe time you offered the shipmentreferenced inRequest for AdmissionNo. 1, you did notprovide Alaska Airlines with two (2) copies ofthe certificationrequired by § 172.204 oftheHMR. 13. Atthe time youoffered for transportation the hazardous materialreferenced inRequest for AdmissionNo. 4, the shipment was notmarked or labeled in any manner that indicatedthe hazardous nature ofits contents. 14. Atthe time you offered the shipmentreferenced inRequest for AdmissionNo.1, the proper shipping name and the assigned identification number for the hazardous materials contained in it were notprinted on or affixed to the surface ofthe shipment, or on a label, tag, or sign. 15. At the time you offered for transportation the hazardous material referenced inRequest for AdmissionNo. 4, no "Flammable gas" label was printed on or affixed to the surface ofthe package containing it.



### 316. Atthe time you offered the shipment referenced in Request for AdmissionNo. 1, no emergency response information conforming to subpart G ofpart 172 ofthe HMR, including the emergency response telephone number, was immediately available at all times the hazardous material was present during transportation, and at facilities where hazardous materials are loaded for transportation or otherwise handled during any phase oftransportation, for use by anyone who responds to an incidentinvolving a hazardous material. 17. The enclosed document marked "Exhibit A" is a complete and accurate copy ofAlaska Airlines Air Waybill No. 027-8464-8981. 18. Your signature appears on the enclosed document marked "ExhibitA" underthe heading "Signature ofShipper orhis Agent." 19. Your initials appear onthe enclosed document marked "ExhibitA" inthe box for the statement, "THIS SHIPMENT DOES NOT CONTAIN DANGEROUS GOODS." 20. The enclosed 1- page document marked "ExhibitB"is a complete and accurate copy of the Security Screening Record for AlaskaAirlines AirWaybill No. 027-8464-8981. 21. Your signature appears onthe enclosed document marked "ExhibitB" above the underline following the words, "Signature ofshipper or authorized representative tendering the cargo:" 22. The enclosed 2-page document marked "Exhibit C" is a complete and accurate copy ofa letter dated February 22, 2013, that youreceived on or about March 6, 2013. 23. The enclosed 2-page document marked "Exhibit D" is a complete and accurate copy of the envelope and letter dated March 23, 2013, that you signed and mailed. 24. The enclosed 2-page document marked "ExhibitD" was your response to the enclosed 2- page document marked "Exhibit C." 25. Atthe time you offered the shipmentreferenced in Request for AdmissionNo. 1to Alaska Airlines, you were not aware it contained the items referenced inRequest for AdmissionNo. 4. INTERROGATORIES AND REQUESTS FORPRODUCTION 1. For each ofthe above requests for admission that you do notunequivocally admit, explain what specific facts or contentions in each statement youbelieve are not true, state all facts that support your beliefs inthis regard, and produce all documents that support these beliefs.

42. Do you contend that one or more ofthe statements made inthe enclosed 2-page document marked "ExhibitD" is not accurate? Ifso, identify each such statement and what you contend is not accurate, and state what you contend is accurate. 3. Identify eachperson whom you intend to call as a witness at the hearing in this matter, and for each such witness, provide a summary ofthe expected testimony. 4. For eachperson identified in response to InterrogatoryNo.3, produce a copy ofeach and every statement made bythat person in which the facts and circumstances ofmatters at issue inthis case are referenced or discussed. 5. Do you intend to present any expert witness testimony atthe hearing ofthis matter? Ifso, thenprovide a synopsis ofeach expert witness' testimony, state the grounds for each expert opinion, and produce a curriculum vitae for each expert witness. 6. Do you contend that you lack the ability to paythe proposed civil penalty? Ifso, then state every fact upon which you intend to rely at the hearing in support ofthis contention, and produce a copy ofeach and every document you intendto introduce at the hearing in this matter in support ofthis contention. 

### 7. To the extent notencompassed in yourresponse to any ofthe foregoing items, identify and produce all documents upon which you expect to rely at the hearing or introduce as evidence in support ofyour position atthe hearing inthis matter. Requested this gth day ofOctober 2014. HOWARD 

### L. MARTIN, JR Regional Counsel 

# Qrl r:? By: 

## if)/"'-.**H~** = Glenn H. Brown Senior Attorney

5CERTIFICATE OF SERVICE Re: Christine Cloud FDMS NO. FAA-2014-0321 I hereby certify that onthis date I have served a copy ofthe COMPLAINANT'S FIRST SET OF REQUESTS FOR ADMISSION, INTERROGATORIES,AND REQUESTS FOR PRODUCTION OF DOCUMENTS by fax as indicated and bypostage-prepaid, certified mail, returnreceipt requested, to the following: HON Richard C. Goodwin U.S. Administrative Law Judge Office ofHearings, M-20; U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 Attn: PatriciaMatthews Christine Cloud 12661 Tanada Circle, Apt. 2 Anchorage, AK 99515 I further certifythat onthis date I have served the original and one copy ofthe COMPLAINANT'S FIRST SET OF REQUESTS FORADMISSION, INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS by postage-prepaid, certified mail, return receipt requested and facsimile, addressed as follows: FederalAviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 Fax: (202) 493-5020 DATED: 

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# ?,~~-~(,lff{ftZ -003173104S !SfiUOr:l By GIRDWOOD, AK 9%37 USA P.O. eox 68900 SEATTLE, WA 98168 Tel: 907-841 0025 600·225·2752 ALASKACARGO.CO/A Corlsig1mn'n Norno il•'fl Ar:ldwss 

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## " Item No. W!tl\)ht Charge (lr1cl. Dimens,ons orVolume) 16 476.0 L 476.0 AS AGREED HOUSEHOLD GOODS

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### .. Public Avatlabil1tytobe Detennine4 UnderSU.S.C. SSl Dirns: 3fi x 48 x18 x 1 2fi X 48 X40 X 1 1 < 1 x1 x ·14 GEN D75 SAL AS AGREED Volume: 0.000 Other Cii<Jrgas

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# DISSI-:IIPMENT

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**.Q9J~~ CO~'TAIN**  ANGEROUS GOODS ANGfROUS GOODS 20 Feb 2013 17:51 Anchorage Alaska Airlines

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## RECORD Shipper: CHRISTINE CLOUD Date: 02/20/13 Air Waybill Number: .:::::::'0'=2=7-:!!8:!!46::4::89":'8'::':1========== 1 ' • Weight ofShiprnent::::::::4::7::6·::o==== Identification Information · : I· ; Agent name who verified ID:...:.A;:;S::;J::.7;.;6:.7c.4:_ _____________ _ Name ofit1dividu<1l fron1 whom the cargo shipment was accepted: CHRIST!Nn C! OlJQ When applicable, the Delivery Company Name: AS EMPLOYEE Type ofgovernment ID I SIDA 10 reviewed: .:.A:c:K=D-"L'----------- :Vlalching photo lD? Yes 

## lliJ No 

## 0 Evidcncc urSTA reviewed: Yes 

## D No 

## D N/A 

### llil Type ofscc.ond ID reviewed: MatchingI;ho!o ID '? Yes 

## D No 

## 0 N/A 

## lliJ Unknown Sbl 'erInformation & Sbi er SecuritvEnilorseinent (SSE 

### '! ; I certifY lhat lhis

**c::~rgo** docs not contai11 anyunauthorized explosives, incer'ldiarics, indlvidual or othl!r destructive substances or itc1ns. I am aware that ihis endorsement and original signature, and other shipping dol!umcn!s, will be retained on 

### me for a minimum of30 days li_.om dale oftransport ti·om accepting station. Shipper's Name: CIIRISTINE CLOUD Shipper's Phone Number: 90;_7-..:8:.:4..:1::.0::.0?::.-5:_ ____ _ Shipper'sAddrcss: POBOX 905. GIRDWOOD.AK 99587 Signature ofshipperorauthorized representative tendering the cargo: Primed name ofindividual whose sigmtturc appc<1rs as shipper or authorized

**rcpn:scnlativc~** CHRISTINE CLOUD

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\VARN!NG: Thi:; rcr,urd contains :>cnsitive s..:curity infomlMloa thul is nmlrolkd under 49 C.F.R. PAR'tS 15 aud l520. No p;J.rt ofthls record nwy be disdos·ed to persons without a "NEED TO KNOW", ns Jd!ncd in 49 C
..f.R. PARTS IS ulld 1520, except witl1

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**t~ct1on,**U.S. Department of Transportation Federal Aviation Administration Joint Security and Hazardous Materials Safety Office, West



### CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

### February 22, 2013 Ms. Christine Cloud P.O. Box 905 Girdwood, AK 99587 Dear Ms. Cloud: Letter of Investigation File Number: 2013NM730043 222 W 7'" Avenue, Suite 14 Anchorage, AK 99513



### The Federal Aviation Administration (FAA) has initiated an investigation into the circumstances surrounding your alleged violation(s) of Title 49, Code of Federal Regulations (49 CFR) known as the Hazardous Materials Regulations. Specifically, on February 20, 2013, you offered hazardous materials, three 4.53- ounce canisters of Jetboil Jetpower lsobutane compressed fuel; and two aerosol containers of Counter Assault Bear Deterrent, as air cargo, for carriage aboard an Alaska Airlines flight. These items are regulated, respectively, under 49CFR as: lsobutane, Hazard Class 2.1 (flammable gas), UN1969; and Aerosols, Flammable, Hazard Class 2.1, UN1950. Due to the danger represented, the lsobutane may not be offered, or carried, aboard a passenger-carrying aircraft. When offered as· air cargo, it must be prepared according to, and accompanied by, an applicable Department of Transportation Special Permit. The purpose of this investigation is to determine if you violated 49 CFR, Parts 171-173 in that the item was not properly declared, or prepared for transportation in air commerce. Under provisions of Title 49, United States Code 5123(a)(1), you may be subject to civil penalties for each violation. You are encouraged to provide a response to this incident. Your response should include a detailed account of both the extenuating and mitigating circumstances that resulted in this incident, which you feel have a bearing on this investigation. 

# of2 (' FOROFF!CIALUSEONLY I lOP
__... )9
___ _**Publi~.:** Availabiliry to be Determined ( n Under5U.S.C. 552 Page_ ··"' _.

### As a part of our investigation the FAA requests that you furnish the following information:

• An explanation ofthe corrective actions implemented to prevent similar incidents from occurring in the future;
• Any additional documentation or information you feel to be pertinent to this investigation. Please be advised that the allegations contained herein do not necessarily include all deficiencies that may be subsequently discovered during the course of this investigation. Your response, if any, should be received by this office within ten (10) calendar days from your receipt of this letter. If no response is received at that time, our report will be processed without benefit of your information. Please contact me at (907) 271-440.9 with any questions you may have. Sincerely,
Gary Meaders Special Agent/Hazardous Materials Specialist

FOROFFICIALUSEONLY Public Availability to be Determined

**\lnd,~r"** lT.S.C, 552 lOP_

## Federal Aviation Administration Gary Meaders, special agent /hazardous materials specialist 222 W 7th Ave Suite 14 Anchorage, Alaska 99513 March 23, 2013 Christine Cloud 15 W Etruria St Apt 17 Seattle Wa, 98119 (907) 841-0025 denecloud@gmail.com Dear Mr. Meaders, I am sincerely sorry for the failure to abide by the air cargo regulations as stated in incident/file number 2013NM730043. Iwas unaware that my husband packed bear spray and jet boil fuel in our tote filled with camping gear. I did not do a good enough of ajob looking through everything that my husband packed and I also failed to ask my husband ifthere was anything ofthat sort in our cargo. I am a flight attendant for Alaska Airlines and I am sincerely sorry for my negligence. I am now fully aware ofcargo restrictions and will not let it happen again. Thank you for your time. Sincerely,



# ~#t[)~;J Christine Cloud

FOROl'FJ:cr'L USE ONLY Pubbc

**/~\;.Jib'Lli-** 'i wbt: Detcrmi:DetS Undl"r:... U.S.C. 552 

# (0 lOP _____ -:-- { of 

### i Page5; ___ _ U.S. DEPi\RTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Secunty and Hazardous Materials

F'OR ·OFFICIAL USE ONLY