UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASIDNGTON, D.C. 

IN THE MATTER OF 

CHRISTINE CLOUD 

DOCKET NO. FAA 2014-0321 

(Civil Penalty Proceeding) 

RECEIVED 

OCT I 5 2014 

HEARING DOCKET 

COMPLAINANT'S FIRST SET OF REQUESTS FOR ADMISSION, 

INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS 

To: Christine Cloud 

Pursuant to 14 C.F.R. § 13.220, the Complainant, by and through its Regional Counsel, 

requests that you, by November 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 of the 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 

production pursuant to § 13 .220(i) of the Rules of Practice in FAA Civil Penalty Actions. 

BE ADVISED that 14 C.F.R. § 13.220(1)(1) states, "A party's failure to respond to a 

request for admission, in writing and signed by the attorney or the party, not later than 30 days 

after service of the request, is deemed an admission ofthe truth of the statement or statements 

contained in the request for admission." 

DEFINITIONS 

1. "Documents" means, regardless of origin 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 of any kind in the possession of, subject to the control of, 

or within the knowledge of, Respondent and/or his employees, agents, consultants, or experts. 

1 
2. "Identify" and/or "state the identity of" with reference to individuals means state the 

name, current or last known address, employer, and job description or title, and telephone 

number. 

3. "Identify all documents" means state the date and author unless apparent from the 

document. 

4. As listed herein, singular pronouns also include the plural. 

5. "You," "your," and "Respondent" as used herein refer to Christine Cloud, the 

Respondent in this matter. 

REQUESTS FOR ADMISSION 

Please admit the truth of each of the following statements: 

1. On or about February 20, 2013, you knowingly offered to Alaska Airlines a 16-piece 

non-bulk shipment for transportation by air from Anchorage, Alaska, to Seattle, 

Washington. 

2. The shipment referenced in Request for Admission No. 1 was assigned Alaska Airlines 

Air Waybill No. 027-8464-8981. 

3. At the time you offered the shipment referenced in Request for Admission No. 1 to 

Alaska Airlines, you declared that the shipment consisted of "Household goods," and that 

it did not contain dangerous goods. 

4. Included in the shipment referenced in Request for Admission No. 1 were two 8.11-

ounce and one 3.53-ounce canisters of Jetboil Jetpower Isobutane/Propane fuel mix and 

two aerosol canisters of bear deterrent, one manufactured by Counter Assault, and the 

other by UDAP. 

5. Each of the canisters of Jetboil Jetpower Isobutane/Propane fuel mix referenced in 

Request for Admission No. 1 is classified as a hazardous material under§ 172.101 of the 

United States Department of Transportation 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 in hazard class 2.1 (Flanunable gas) and has an assigned 

identification number ofUN1075. Column 9A of the§ 172.101 table provides that it is 

forbidden on passenger aircraft. 

6. Each of the canisters referenced in Request for Admission No. 1 of bear deterrent is 

classified as a hazardous material under the HMR. Its proper shipping name is "Aerosols, 

flammable." It is in hazard class 2.1 (Flanunable gas) and has an assigned identification 

number ofUN1950. 

2 
7. At the time you offered the shipment referenced in Request for Admission No. 1, you did 

not provide to Alaska Airlines a Shipper's Declaration for Dangerous Goods. 

8. At the time you offered the shipment referenced in Request for Admission No. 1, the 

shipping paper did not include an emergency response telephone number as prescribed in 

subpart G of part 172 ofthe HMR. 

9. At the time you offered the shipment of hazardous materials referenced in Request for 

Admission No. 1, there was no shipping description of the hazardous material on the 

shipping paper that included the identification number prescribed for the material as 

shown in Column (4) of the§ 172.101 table, the proper shipping name prescribed for the 

material in Column (2) of the § 172.101 table, the hazard class or division number 

prescribed for the material as shown in Column (3) of the § 172.101 table, or the total net 

mass per package. 

10. At the time you offered the shipment referenced in Request for Admission No. 1, the 

description in the shipping paper did not include a statement indicating that the shipment 

is within the limitations prescribed for either passenger and cargo aircraft or cargo 

aircraft only. 

11. At the time you offered the shipment referenced in Request for Admission No. 1, the 

shipping paper did not include the certification contained in§ 172.204(a)(1) of the HMR, 

the declaration contained in§ 172.204(a)(2) of the HMR, the certification contained in§ 

172.204(c)(1) of the HMR, or the additional statement specified in§ 172.204(c)(3) of the 

HMR. 

12. At the time you offered the shipment referenced in Request for Admission No. 1, you did 

not provide Alaska Airlines with two (2) copies of the certification required by § 172.204 

oftheHMR. 

13. At the time you offered for transportation the hazardous material referenced in Request 

for Admission No. 4, the shipment was not marked or labeled in any manner that 

indicated the hazardous nature of its contents. 

14. At the time you offered the shipment referenced in Request for Admission No.1, the 

proper shipping name and the assigned identification number for the hazardous materials 

contained in it were not printed on or affixed to the surface of the shipment, or on a label, 

tag, or sign. 

15. At the time you offered for transportation the hazardous material referenced in Request 

for Admission No. 4, no "Flammable gas" label was printed on or affixed to the surface 

of the package containing it. 

3 
16. At the time you offered the shipment referenced in Request for Admission No. 1, no 

emergency response information conforming to subpart G of part 172 of the 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 

of transportation, for use by anyone who responds to an incident involving a hazardous 

material. 

17. The enclosed document marked "Exhibit A" is a complete and accurate copy of Alaska 

Airlines Air Waybill No. 027-8464-8981. 

18. Your signature appears on the enclosed document marked "Exhibit A" under the heading 

"Signature of Shipper or his Agent." 

19. Your initials appear on the enclosed document marked "Exhibit A" in the box for the 

statement, "THIS SHIPMENT DOES NOT CONTAIN DANGEROUS GOODS." 

20. The enclosed 1- page document marked "Exhibit B" is a complete and accurate copy of 

the Security Screening Record for Alaska Airlines Air Waybill No. 027-8464-8981. 

21. Your signature appears on the enclosed document marked "Exhibit B" above the 

underline following the words, "Signature of shipper or authorized representative 

tendering the cargo:" 

22. The enclosed 2-page document marked "Exhibit C" is a complete and accurate copy of a 

letter dated February 22, 2013, that you received 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 "Exhibit D" was your response to the enclosed 2-

page document marked "Exhibit C." 

25. At the time you offered the shipment referenced in Request for Admission No. 1 to 

Alaska Airlines, you were not aware it contained the items referenced in Request for 

Admission No. 4. 

INTERROGATORIES AND REQUESTS FOR PRODUCTION 

1. For each of the above requests for admission that you do not unequivocally admit, 

explain what specific facts or contentions in each statement you believe are not true, state 

all facts that support your beliefs in this regard, and produce all documents that support 

these beliefs. 

4 
2. Do you contend that one or more of the statements made in the enclosed 2-page 

document marked "Exhibit D" is not accurate? If so, identify each such statement and 

what you contend is not accurate, and state what you contend is accurate. 

3. Identify each person whom you intend to call as a witness at the hearing in this matter, 

and for each such witness, provide a summary of the expected testimony. 

4. For each person identified in response to Interrogatory No.3, produce a copy of each and 

every statement made by that person in which the facts and circumstances of matters at 

issue in this case are referenced or discussed. 

5. Do you intend to present any expert witness testimony at the hearing of this matter? If so, 

then provide a synopsis of each 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 pay the proposed civil penalty? If so, then 

state every fact upon which you intend to rely at the hearing in support ofthis contention, 

and produce a copy of each and every document you intend to introduce at the hearing in 

this matter in support ofthis contention. 

7. To the extent not encompassed in your response to any of the foregoing items, identify 

and produce all documents upon which you expect to rely at the hearing or introduce as 

evidence in support of your position at the hearing in this matter. 

Requested this gth day of October 2014. 

HOWARD L. MARTIN, JR 

Regional Counsel 

Qrl r:? 

By: if)/"'-. H~ = Glenn H. Brown 

Senior Attorney 

5 
CERTIFICATE OF SERVICE 

Re: Christine Cloud 

FDMS NO. FAA-2014-0321 

I hereby certify that on this date I have served a copy of the COMPLAINANT'S FIRST SET 

OF REQUESTS FOR ADMISSION, INTERROGATORIES, AND REQUESTS FOR 

PRODUCTION OF DOCUMENTS by fax as indicated and by postage-prepaid, certified mail, 

return receipt requested, to the following: 

HON Richard C. Goodwin 

U.S. Administrative Law Judge 

Office of Hearings, M-20; 

U.S. Department of Transportation 

1200New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

Attn: Patricia Matthews 

Christine Cloud 

12661 Tanada Circle, Apt. 2 

Anchorage, AK 99515 

I further certify that on this date I have served the original and one copy of the 

COMPLAINANT'S FIRST SET OF REQUESTS FOR ADMISSION, 

INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS by 

postage-prepaid, certified mail, return receipt requested and facsimile, addressed as follows: 

Federal Aviation 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: Ud r: .,20//..f 

6 
./i i 

i I i I 

r 027 ANC 8464 8981 ~ 1 027-8464 8981 Sh;pptn':; N;Jmu < DtKl Adt!re'.>O I ShiJ)por's ''ccrr.mt Nwmller Not Nego!iablcr 

CHRISTINE CLOUD 

POBOX 905 Cu:slomcr's ID Number Air Waybill 

?,~~-~(,lff{ftZ -003173104S !SfiUOr:l By GIRDWOOD, AK 9%37 

USA 

P.O. eox 68900 SEATTLE, WA 98168 Tel: 90 7-841 0025 600·225·2752 ALASKACARGO.CO/A 

Corlsig1mn'n Norno il•'fl Ar:ldwss I conslgneo's ,\ccou.nl Number Also notify 

CHRISTINE CLOUD 

DOMINIC PLASENCIA 

SEATTLE, WA 

USA 

Tel: 907-9530492 Tel: 

lssuiflg Cnnicr'•l Agnnt lind Col}' Accouflhl'1g lnfonll<JLon 

Agenl'r. lA T,\ Co do ... I Acco1.ml No. 

Airport of Onp;:u!ma {f\ticlr. of l·:lr11 Gamer} and Ruquo~te;-1 Routiug General Cargo Anchorage 

To By Fin;\ C.1rdm rtF!By I To/ By I ~;~'bel VI'TNAt Oih.;r pctcfaroct \>'alue Fo• Cafliaga !Declared Value For Custori!ll SEA Alaska Airlines - lx I X I - NVD NCV Aiwort of l')os!ina1kl-n rghL'DfltO l•ghliDala Amolml of lr.twrf!ncc 

Seattle XXX - Hallldling ll,f:lmir~t•or• 

VEHIFY EMF'LOYEE ID 

J SCI 

Nllol Gra3~ g CornmrJ•Iily Cll:~rr;~coble Rille/ Naturo: and Quanlily>DfGoods 

PIO:cc~ Weigh\ Totn~ " Item No. W!tl\)ht Charge (lr1cl. Dimens,ons or Volume) 

16 476.0 L 476.0 AS AGREED HOUSEHOLD GOODS 

16 476.0 

Prc-pttld wuighlrharge Cotlucl 

AS AGREED 

Vatu<~liu~ Chn1g~ 

T . 

ictal OllHlf Cll;oces Duo Aqil"lt 

l"ollll 0\hor Charges OoJOCmrlrJr 

Tot;IJI>mpaid To\[ll C.o\lo~l 

AS AGREED 

FOR OFFICIAL USB ONLY .. Public Avatlabil1tyto be Detennine4 

Under S U.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 

MYC 95.20 

sec 9.52 

Shippt!r c(lrtlfl•~s that l)le partirul~rs on the lace h()rc.:>r am c.wrcct ana U1ollnsola• as any pi!rt\lf tho ~::onsignml!cnt contains d~"Jngorou$ goads, !OUch pnrt IIi properly des·~rib~Jcf by namu 'lnd is !11 prop~r conCitton 'for c;uriliQil by air according to tho applicable Dang<!rous GoqiJ~ Rouu-lat1onE, I ~onsl)n\ to the inspll,:tlor1 of this cntgQ. 

For: CHRISTINE CLOUD SiUn'<(ure of ~;hlonll<r or t1h; Aaenl 

0_~?~~ DIS SI-:IIPMENT DO~.lfQ_JCONTAJN DH!-S Si11PMEtiT .Q9J~~ CO~'TAIN 

ANGEROUS GOODS ANGfROUS GOODS 

20 Feb 2013 17:51 Anchorage Alaska Airlines 

- E;;c~lJr,;~.; o; iriat;J~ ~- ~ ·--·-· · ·-------fi (ri;l::t~r·- ·- -· · ·· · ~ ·siirm.L,;~ ~~ i;;u,:;rr· Cfi~t~; ~r-i~XQ~;t -- · · 

J 027-8464 8981 

-~ 

E "'"':b:·> f'r lOP 

ra9a. __ l__,of_-'(~_ 
RECORD 

Shipper: CHRISTINE CLOUD Date: 02/20/13 

Air Waybill Number: .:::::::'0'=2=7-:!!8:!!46::4::89":'8'::':1========== 1 ' • 

Weight of Shiprnent::::::::4::7::6·::o==== 

Identification Information · : I· ; 

Agent name who verified ID: ...:.A;:;S::;J::.7;.;6:.7c.4:_ _____________ _ 

Name of it1dividu<1l fron1 whom the cargo shipment was accepted: CHRIST!Nn C! Ol JQ 

When applicable, the Delivery Company Name: AS EMPLOYEE 

Type of government 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: Matching I;ho!o ID '? Yes D No 0 N/ A lliJ 

Unknown Sbl ' er Information & Sbi er Securitv Enilorseinent (SSE '! ; 

I certifY lhat lhis c::~rgo docs not contai11 any unauthorized 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 of 30 days li_.om dale of transport 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 of shipper or authorized representative tendering the cargo: 

Primed name of individual whose sigmtturc appc<1rs as shipper or authorized rcpn:scnlativc~ CHRISTINE CLOUD 

FOR 0rror('TALUSEONLY 

Publk /"·· ·•1 : '-.·tity to be DeteaniD.~;:d 

"'''''' :: u.s.c. S5l 

"In rmmcdc fieJds on this noporl "N/A" is.u:;ed to rcprc»cnt l'l value of:.o:cro. 

Sccurily Scnsitiv!!-lnfonnation 

IOP ___ .-f..,__ __ 

Page __ l_of __ /,___ 

\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 Hl·~ written pCnlllssion Dfthc <ldminimuwr of the Transportation 

Security Admini:i!mtiorl or the: Scl.'tct•lry or·rran~porttion. Ut:~t::tr:~tcas13y rc:·wlt in civil pe~!fllties or ort·wr 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 

Under 5 U.S.C. 552 Page_ ··"' _. 
As a part of our investigation the FAA requests that you furnish the following 

information: 

• An explanation of the 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 

FOR OFFICIAL USE ONLY 

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. I was 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 a job looking through everything that my husband packed and I 

also failed to ask my husband if there was anything of that 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 of cargo restrictions and will not let it happen 

again. 

Thank you for your time. 

Sincerely, 

~#t[)~;J 

Christine Cloud 

FOR Ol'FJ:cr' L USE ONLY 

Pubbc /~\;.Jib'Lli- 'i w bt: Detcrmi:DetS 

Undl"r:... U.S.C. 552 

(0 lOP _____ -:--

Page { of i 
5; ___ _ 

U.S. DEPi\RTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

Secunty and Hazardous Materials 

F'OR ·OFFICIAL USE ONLY