IN THE MATIER OF COASTAL AIR TRANSPORT, INC., Respondent U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

### ) ) ) ) ) ) FAA Docket No. FAA-2011-1005 Judge J.E. Sullivan



# ________________________ ) FAA CASE NO. 2010S0700037 RESPONDENT'S FINAL WITNESS AND EXHIBIT LIST ! "'] .j l 

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The Respondent hereby**su~mits** in**accordanc~** with.the.Administrative Judge's Order dated July 

### 31, 2012, the Respondent's Final Wit11ess and• ExhiQitlists**a~** follpws:

The following individuals are potential witness.es., butmay not all. be called totestify: 1. Michael Foster

·, Mr. Foster is President ofCoastal Air..He holds an Airline Transport License and has over45 years ofexperience in the aviation business. He will testify as to the packing ofalleged material, shipment, and presentation to CBP. 2. Joaquin Puntonet

• !**~-** I ' ' ) Mr. Puntonet is an Aviation Safety Inspectorwith FAA San Juan, PR and Principal Operations Inspectorfor Coastal Air. He will testify as to Coastal Air's 30 year history ofaccident,
< ' \ I incident, and violation free record ofoperation. He will also question the motive ofsuch a large fine that was proposed for sucb a,,minor incident.

. . . l • " ' 3. Mr. David Fair Mr. Fair !sa**r~tired** AviationSafety**!nspec~orwith** FAA San Juan, PR and was Principal Operations ..**lnspe~tor** for**Co~stal** Airin1its.**startL~P** phase. He will discussthe concept of "Small quantity, properly packaged" relating to hazardous materials.
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# .4. Renael Steele Mr. Steele is a Customs Agent in St Croix, V.I. He will testify thatthe shipment in question was not discevered, but presented for inspection. He will also indicate thatthe shipment was properly packaged in D.O.T. approved containers. 5. William Bohlke Mr. Bohlke is a retired senior Capt. with American Airlines and has operated aviation businesses forthe past 45 years. He will testify as to the Respondent's excellent safety "---record. He willalse-questienthe-large propesedfine assessed fer a m-iAel"'ineideneHe-wtll also question ifa reasenable person would consider safety at risk with such asmall quantity of properly packaged material. 6. leevon Bethel Mr. Bethel is an expert in the field of petreleum engineering. He will testify as tothe low volatility and high flash point offuel oil. He will comment on proper packaging and compare characteristicsto avgas and high proefliquor. Respondent also reserves the right te supplementthis list with additional witnesses as they become identified and to call otherwitnesses forthe purposes on impeachment or rebuttal and to call any witnesses listed on Complainant's witness list. II. Exhibit List Rl The Respondent requests that Complainant provide boxes, plastic bags, and sample bottles as listed in the cemplaintfrom Oct 21, 2009. R2 Copies of 14CFR 175 regarding shipment of hazardous materials. Respondent also reserves the right to list additional exhibits, as they become knewn and to introduce other exhibits forthe purposes ofimpeachmentor rebuttal. Respectfully submitted this 10th day of December 2012

President- Coastal Air**\.:~** 

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### CERTIFICATE OF SERVICE I hereby certify that acopy ofthe foregoing correspondence was mailed by Priority U.S. Mail and facsimile to: The Honorable 

### J.E. Sullivan- by mail Offfce of Hearings, M-20 U.S. Department ofTransportation 12.00 NewJersey Ave, S.E.(E12-320) Washington, D.C. 20590 Tel: 202-366-2132 Fax: 202-366-7536 Rashawn Rich George- by mail & 

### fax Office ofthe Regional Counsel, AS0-7 Federal Aviation Administration P.O. Box 20636 Atlanta, GA 30320 Tel: 404-305-5200 Fax: 404-305-5223 And the original and one copy to: U.S. Department ofTransportation Docket Operations, M-30 Room W12-140 1200-NewJersey Ave, S.E. Washington, D.C. 20590

Michael Foster Respondent Dated: 

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# r.....**f~** Please note Respondent's fax is operable as of 12/10/12 at (340)773-6862.