U.S. DEPARTMENT OF TRANSPORTATION REcEIvED 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS JUl - 9 2013 

WASHINGTON, D.C. 

------------,--------~H==-EARING DOCKET 

In the Matter of Radio Holland USA, Inc. 

FAA Docket No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. F AA-2013-0286 

The Honorable Richard C. Goodwin 

COMPLAINANT'S FIRST SET OF INTERROGATORIES 

REQUEST FOR PRODUCTION OF DOCUMENTS AND 

REQUEST FOR ADMISSIONS 

Pursuant to 14 C.F.R. 13.220 and Rules 33 and 34 of the Federal Rules of Civil Procedure, 

Complainant requests that Respondent provide the following discovery within thirty (30) days.· 

It is requested that Respondent answer the following interrogatories and produce the 

documents hereinafter described. This request shall be deemed to be continuing to the extent 

permitted by Rule 26( e) of the Federal Rules of Civil Procedure so as to require you to file 

supplemental responses. This request is intended to cover all documents in Respondent's possession 

or subject to Respondent's custody and control and includes documents in the possession of each 

individual who acts, or has acted at relevant times, as an employee, agent or representative of 

Respondent. 

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DEFINITIONS 

· . A. When knowledge or information in possession of a party is requested, such request includes 

·; khowledge of the party's agents, representatives and, unless privileged, the party's 

attorneys. 

B. The pronoun "you" and "yours" refers to the party to whom these interrogatories are 

addressed. 

C. Unless otherwise indicated, these interrogatories refer to the time, place, and circumstances 

of the occurrences mentioned or complained of in the pleadings. 

D. When used with respect to an individual, corporate, business, or governmental entity, 

"identify" means state the name and present business or residence addresses of the 

individuals or entities and the employer, governmental or business affiliation and position 

of the individual. 

E. The terms "document" and "statement" mean without limitation, the following items, 

whether printed or recorded or reproduced by any other mechanical process or written or 

produced by hand: agreements, communications, correspondence, telegrams, memoranda, 

suinmaries or records of telephone conversations, sununaries or records of personal 

conversations or interviews, diaries, reports, notebooks, note charts, plans, drawings, 

sketches, maps, sununaries or reports of investigations, opinions or reports of consultants, 

photographs, motion picture films, tape recordings, computerized data, brochures, 

pamphlets, advertisements, circulars, press releases, drafts, letters, any marginal coinments 

appearing on any document, and all other writings, including electronic writings. 

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F. When used with respect to a document, "identity" means furnish the document itself, or in 

lieu thereof, the name and date of the document, the name and address of the person or 

persons originating the document, the name and address, if any, of the person or persons to 

whom the document is addressed, the names and addresses of all persons to whom copies 

of the documents were or have been sent, and the organization, firm or agency with which 

all such persons were connected as of the date of the document, and if not in possession of 

the original or a copy, furnish the name and address of the custodian of the original or a 

copy, or furnish the name and address of a person whom you believe is in possession of the 

original or a copy of such document. 

G. "Oral communication" means any oral exchange with words. 

H. When used with respect to an oral communication, "identifY" means state the date and 

place where such oral communication was made, the names of all individuals who 

participated in the communication, and their positions, employers, and employers' 

addresses, the names of all individuals who were present at the time the communication 

was made and their business affiliations and positions, the nature and substance of the 

communication, the nature and substance of each document recording or pertaining to such 

oral communication, and the name and present address of the present custodian of each 

such document. 

I. For all interrogatories to which the responding individual has an objection, state the factual 

and legal basis for the claimed privilege, or any other authority which provides the claimed 

basis for the objection. 

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J. All documents requested as to which the responcling individual claims privilege or any 

other objection as a ground· for non-production shall be identified chronologically as 

follows: 

(a) date, 

(b) title, 

(c) type of document (e.g. memorandum, report, chart, etc.), 

(d) subject matter (without revealing the information as to which privilege or statutory 

authority is claimed). 

(e) factual and legal basis for the claimed privilege, or any other authority which 

provides the claimed ground for non-productivity 

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INTERROGATORIES 

1. Identify the names, titles, business or home addresses and telephone numbers of each person 

whom the Respondent intends to call as a witness at the hearing of this matter. 

2. Provide the substance of the testimony to be offered by each of said witnesses. 

3. With respect to each expert witness identified in response to request Nos. 1 and 2 above: 

(a) identify the subject matter on which the expert is expected to testify; 

(b) list the substance of the facts and opinions to which the expert is expected to 

testify; 

(c) provide a summary of the grounds for each opinion; 

(d) If the Respondent intends to introduce into evidence or otherwise rely upon a 

written curriculum vitae or other written document listing the expert's 

professional qualifications, identify and attach copies of all such documents. 

4. To the extent not encompassed in your response to request Nos. 1, 2 and 3 above, identify 

and produce statements of all individuals who spoke to, or were interviewed by, the 

Respondent regarding this matter. 

5. Identify and produce copies of any and all documents on which the Respondent anticipates 

relying, or will rely, in support of the case it will present at the hearing in this matter, 

including but not limited to documents you intend to introduce into evidence. 

6. Set forth and describe each incident where Mr. Cole had a soldering iron confiscated 

while traveling on behalf of Respondent. 

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7. Identify each and every company policy that exists for employees traveling with tools, 

including soldering irons. 

8. Describe in full detail the Department of Transportation Hazardous Materials Regulations 

(DOT HMR) general awareness/ familiarization training provided to Respondent's 

employee Damon Cole, including the name and address of the person who provided 

training to Mr. Cole, the date the training was given, and the substance of the training 

giVen. 

9. Describe in full detail the DOT HMR function-specific training provided to 

Respondent's employee Damon Cole including the name and address of the person who 

provided training to Mr. Cole, the date the training was given, and the substance of the 

training given. 

10. State the factual basis for Respondent's belief that Mr. Cole received general awareness/ 

familiarization training pursuant to 49 CPR 172.702(c) prior to March 4, 2011. 

AGENCY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS 

1. Produce copies of all materials relied upon and/or consulted in responding to the 

Agency's First Set oflnterrogatories and First Requests for Admissions. 

2. Provide copies of each and every company policy that exists for employees traveling with 

tools including soldering irons 

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3. Produce copies of any statements from any person whom Respondent or its representative 

interviewed in connection with the instant matter. 

4. Produce cop1es of any notes from interviews of any person Respondent or its 

representative interviewed in connection with the instant matter 

5. Produce copies of all documents upon which Respondent intends to rely at the hearing on 

this matter. 

6. Produce a copy of each certification showing that Mr. Cole was trained and tested in 

general awareness/ familiarization training as required by the DOT HMR at 49 CFR 

§172.704 (a)(1). 

7. Produce a copy of the training materials used to train Damon Cole in DOT HMR general 

awareness/ familiarization training. 

8. Produce a copy of each certification showing that Mr. Cole was trained and tested in 

hazardous material training in accordance with the requirements prescribed in Subpart H 

of the DOT HMR. 

9. Produce a copy of the training materials used to trairt'Damon Cole in hazardous materials 

training in accordance with the requirements prescribed in Subpart H of the DOT HMR. 

10. Produce a copy of all testing materials used to test Damon Cole in DOT HMR general 

awareness/familiarization training. 

11. Produce a copy of all testing materials used to test Damon Cole in DOT HMR functionspecific training. 

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REQUEST FOR ADMISSIONS 

The Agency requests that Respondent admit or deny each of the following Requests for 

Admission within thirty (30) days. It is requested that in answering the following you recite the 

Request for Admission before answering the same. Any denial of the truth of the following 

statements must meet the substance of the requested admission. Where the truth of only part of a 

' 

statement is denied, admission must be made specifically as to the remainder of the statement. 

Where the truth of the statement is denied in its entirety: (a) specify the reason for the denial or 

qualification; (b) specify the factual basis for the denial or qualification; (c) identity the evidence 

including the documents and/or witnesses, upon which Respondent is relying for its denial or 

qualification; and (d) provide copies of any documents identified in (c) above. 

1. On or about March 4, 2011, Damon Cole travelled on behalf of Respondent aboard US 

Airways Flight 4084 from Norfolk, VA to Philadelphia, P A. 

2. Damon Cole offered an Ultra Torch soldering iron in his checked baggage for 

transportation aboard US Airways Flight 4084 from Norfolk, VA to Philadelphia, P A on 

or about a March 4, 2011. 

3. The Ultra Torch soldering iron Mr. Cole used, in or about March 2011, in the 

performance of his duties for Respondent used butanefueL 

4. The Material Safety Data Sheet (MSDS) Respondent provided to Complainant on April 

7, 2011 is accurate. 

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5. The Material Safety Data Sheet (MSDS) Respondent provided to Complainant on April 

7, 2011 describes the proper shipping name of butane fuel as Petroleum gases, liquefied. 

6. The Material Safety Data Sheet (MSDS) Respondent provided to Complainant on April · 

7, 2011 describes the Class and Division Number of butane fuel2.1 (Flammable Gas). 

7. The Material Safety Data Sheet (MSDS) Respondent provided to Complainant on April 

7, 2011 describes the UN Number of butane fuel as UN-1075. 

8. The Material Safety Data Sheet (MSDS) Respondent provided to Complainant on April 

7, 2011 describes the required labels for butane gas as Flammable Gas label on each nonbulk package. 

9. Butane fuel is regulated by the Department of Transportation Hazardous Materials 

Regulations, 49 CFR 171 et. seq. (DOT HMR). 

10. The proper shipping name of butane fuel is Petroleum gases, liquefied. 

11. Petroleum gases, liquefied is in Hazard Class 2.1 and has an assigned identification 

number of UN 1075. 

12. The proper label for Petroleum gases, liquefted is FLAMMABLE GAS. 

13. Petroleum gases, liquefied are hazardous materials forbidden for transportation aboard a 

passenger carrying flight. 

14. Mr. Cole offered the U1tra Torch soldering iron for transportation aboard US Airways 

Flight 4084 from Norfolk, VA to Philadelphia, PA on or about a March 4, 2011 in a nonbulk package. 

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15. Mr. Cole offered the Ultra Torch soldering iron for transportation aboard US Airways 

Flight 4084 from Norfolk, VA to Philadelphia, PA on or about a March4, 2011 in a nonbulk package when he failed to ensure it was purged ofPetrolemn gases. 

16. At all times referred to in the complaint, Damon Cole was employed by Respondent. 

17. Damon Cole is employed by Respondent as a service engineer and has been so employed 

since August 2008. 

18. Damon Cole in the course of his employment with Respondent uses connnercial air 

transportation in the United States. 

19. On or about March 4, 2011 Damon Cole was traveling with his necessary tools including 

the Ultra Torch UT -1 OOSI soldering iron, on behalf of Respondent. 

20. On or about March 4, 2011, Damon Cole knew that butane was a regulated hazardous 

material. 

21. While used during the course of Cole's employment with Respondent, the Ultra Torch 

soldering iron contained butane fuel. 

22. The Ultra Torch soldering iron makes a hissing sound when turned on and button is 

depressed if it contains butane fuel in the reservoir. 

23. Damon Cole has previously had soldering irons confiscated while traveling on behalf of 

Respondent. 

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24. On or about March 4, 2011, Damon Cole boarded US Airways Flight 4084 from Norfolk, 

Virginia to Philadelphia, Pennsylvania on behalf of Respondent during the course of his 

employment. 

25. On or about March 4, 2011, Damon Cole offered in.his checked baggage an Ultra Torch 

soldering iron for air transportation aboard US Airways Flight 4084, a passenger carrying 

flight from Norfolk, Virginia to Philadelphia, Pennsylvania with onward travel to 

Jacksonville, Florida. 

26. Mr. Cole's checked baggage for US Airways Flight 4084 was not accompanied by a 

Shipper's Certification or Declaration of Dangerous Goods at any time on or about 

March4,2011. 

27. Mr. Cole's checked baggage for US Airways Flight 4084 on or about March 4, 2011 did 

not bear a Flammable Gas label. 

28. Respondent's employees, including Damon Cole, were not instructed to label their tools 

for air travel prior to March 4, 2011. 

29. Mr. Cole's checked baggage for US Airways Flight 4084 on or about March 4, 2011 was 

not marked with the proper shipping naine and identification number for the butane fuel 

that is used in the Ultra Torch soldering iron. 

30. Mr. Cole's checked baggage for US Airways Flight 4084 on or about March 4, 2011 did 

not bear a CARGO AIRCRAFT ONLY label. 

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31. On or about March 4, 2011 when Damon Cole, travelling on behalf of respondent, 

offered the Ultra Torch in his checked baggage for US Airways Flight 4084, no shipping 

papers accompanied the checked baggage. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Jeaili ~11~- c:=dotimer 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

J arnaica, NY 114 34 

Telephone: 718 553-3272 

Facsimile: 718 995-5699 

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Date: 
CERTIFICATE OF SERVICE 

I hereby certifY that on this day copies of the foregoing COMPLAINANT'S FIRST SET OF 

INTERROGATORIES REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST 

FOR ADMISSIONS were placed in the United States mail, postage prepaid, First Class Mail as 

follows: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, D.C. 20590 

FAX (202) 366-7536 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -Suite 2Wl 000 

And via Facsimile 

Anacarolina Estaba, Respondent;s Counsel 

Gardere Wyune Sewell LLP 

1000 Louisiana, Suite 3400 

Houston, TX 77002-5011 

FAX (713) 276-6398 

Date: -z { ( ( L_) 

Jeanine ~}£2=~ otuner 

Attorney 

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