U.S. DEPARTMENT OF TRANSPORTATION 

# REcEIvED FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS 

## JUl - 92013

WASHINGTON, D.C.

## ------------,--------~H==-EARING 

## DOCKET Inthe Matter ofRadio HollandUSA, Inc.

FAA DocketNo. [TO BE ASSIGNED] (Civil Penalty Action) FDMS No. FAA-2013-0286 The Honorable Richard C. Goodwin COMPLAINANT'S FIRST SET OF INTERROGATORIES REQUEST FORPRODUCTION OF DOCUMENTS AND REQUESTFORADMISSIONS Pursuant to 14 C.F.R. 13.220 and Rules 33 and 34 ofthe Federal Rules of Civil Procedure, Complainantrequests thatRespondentprovide the following discovery withinthirty (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.



### 1DEFINITIONS

· . A. When knowledge orinformation inpossession ofaparty 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 ofthe occurrences mentioned or complained ofinthe 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 ofthe 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 ofinvestigations, opinions or reports ofconsultants, photographs, motion picture films, tape recordings, computerized data, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, any marginal coinments appearing onany document, and all other writings, including electronic writings.

2F. When used with respect to a document, "identity" meansfurnish the document itself, or in lieu thereof, the name and date ofthe document, the name and address ofthe person or persons originating the document, the name and address, ifany, ofthe person orpersons to whom the document is addressed, the names and addresses ofall persons to whom copies ofthe documents were or have been sent, and the organization, firm or agency with which all such persons were connected as ofthe date ofthe document, and ifnot in possession of the original or a copy, furnish the name and address ofthe custodian ofthe original or a copy, or furnish the name and address ofa person whom you believe is inpossession ofthe original or a copy ofsuch 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 ofeach document recording orpertaining to such oral communication, and the name and present address ofthe 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 whichprovides the claimed basis for the objection.

3J. 

### 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 ofdocument (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

4INTERROGATORIES 1. Identify the names, titles, business or home addresses and telephone numbers ofeachperson whom the Respondent intends to call as a witness at the hearing ofthis matter. 2. Providethe substance ofthe testimony to be offered by each ofsaid witnesses. 3. Withrespectto each expert witness identified inresponse to request Nos. 1 and 2 above: (a) identifythe subjectmatter onwhichthe expert is expected to testify; (b) list the substance ofthe facts and opinions to which the expert is expected to testify; (c) provide a summary ofthe grounds for each opinion; (d) Ifthe 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 ofall 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 ofany 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 behalfofRespondent.5

### 7. Identify each and every company policy that exists for employees traveling with tools, including soldering irons. 8. Describe infull detail the DepartmentofTransportation 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 ofthe 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 ofthe person who provided training to Mr. Cole, the date the training was given, and the substance ofthe training given.

10. State the factual basis for Respondent's beliefthat 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 ofeach and every company policy that exists for employees traveling with tools including soldering irons

63. Produce copies ofany statements from any person whom Respondent or its representative interviewedin 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 ofall documents upon which Respondent intends to rely at the hearing on this matter. 6. Produce a copy ofeach certification showing that Mr. Cole was trained and tested in general awareness/familiarization training as required bythe DOT HMRat 49 CFR §172.704 (a)(1). 7. Produce a copy ofthe training materials used to train Damon Cole inDOT HMRgeneral awareness/ familiarization training. 8. Produce a copy ofeach certification showing that Mr. Cole was trained and tested in hazardous material training in accordance with the requirements prescribed in Subpart H ofthe DOT HMR. 9. Produce

### a copy ofthe training materials used to trairt'Damon Cole inhazardous materials training inaccordance withthe requirements prescribed in Subpart H ofthe DOT HMR. 10. Produce a copy ofall testing materials used to test Damon Cole in DOT HMRgeneral awareness/familiarizationtraining. 11. Produce a copy ofall testing materials used to test Damon Cole inDOT HMRfunctionspecific training.

7REQUEST FORADMISSIONS 

### 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 ofthe requested admission. Where the truth ofonly part ofa ' 

### statement is denied, admission must be made specifically as to the remainder ofthe statement. Where the truth ofthe 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 ofany documents identified in (c) above. 1. On or about March 4, 2011, Damon Cole travelled onbehalfofRespondent aboard US Airways Flight 4084 from Norfolk, VA to Philadelphia, PA.

2. Damon Cole offered an Ultra Torch soldering ironinhis checked baggage for transportation aboard US Airways Flight 4084 from Norfolk, VA to Philadelphia, PA on or about a March 4, 2011. 3. The Ultra Torch soldering iron Mr. Cole used, in or about March 2011, in the performance ofhis duties for Respondent used butanefueL 4. The Material Safety Data Sheet (MSDS) Respondentprovided to Complainant on April 7, 2011 is accurate.

85. The Material Safety Data Sheet (MSDS) Respondent provided to Complainant onApril 7, 2011 describes the proper shipping name ofbutane fuel as Petroleum gases, liquefied. 6. The Material Safety Data Sheet (MSDS) Respondent providedto Complainant onApril · 7, 2011 describes the Class and DivisionNumber ofbutane fuel2.1 (Flammable Gas). 7. The Material Safety Data Sheet (MSDS) Respondentprovidedto Complainant onApril 7, 2011 describes the UNNumber ofbutane fuel as UN-1075. 8. The Material Safety Data Sheet (MSDS) Respondent provided to Complainant onApril 7, 2011 describes the required labels for butane gas as Flammable Gas label on each nonbulkpackage. 9. Butane fuel is regulated by theDepartment ofTransportation Hazardous Materials Regulations, 49 CFR 171 et. seq. (DOT HMR). 10. The proper shipping name ofbutane fuel is Petroleum gases, liquefied. 11. Petroleum gases, liquefied is inHazard Class 2.1 and has an assigned identification number ofUN 1075. 12. The properlabel forPetroleum gases, liquefted isFLAMMABLE 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, VAto Philadelphia, PA on or about a March 4, 2011 in a nonbulkpackage. 915. Mr. Cole offered the Ultra Torch soldering ironfor transportation aboard US Airways Flight 4084 from Norfolk, VAto Philadelphia, PA on or about a March4, 2011 ina nonbulk package whenhe failed to ensure it was purged ofPetrolemn gases. 16. At all times referred to inthe complaint, Damon Cole was employed by Respondent. 17. Damon Cole is employed byRespondent as a service engineer and has been so employed since August 2008. 18. Damon Cole inthe course ofhis employment with Respondent uses connnercial air transportation inthe United States. 19. On or about March 4, 2011 Damon Cole was traveling withhis necessary tools including the Ultra Torch UT-1OOSI soldering iron, on behalfofRespondent. 20. On or about March 4, 2011, Damon Cole knewthatbutane was a regulated hazardous material. 21. While used during the course ofCole's employment with Respondent, the Ultra Torch soldering iron contained butane fuel. 22. The Ultra Torch soldering iron makes a hissing sound whenturned on and button is depressed ifit contains butane fuel inthe reservoir. 23. DamonCole has previously had soldering irons confiscated while traveling onbehalfof Respondent.

1024. On or about March4, 2011, Damon Cole boarded US Airways Flight 4084 from Norfolk, Virginiato Philadelphia, Pennsylvania onbehalfofRespondent during the course ofhis employment. 25. On or about March4, 2011, Damon Cole offered in.his checkedbaggage an Ultra Torch soldering iron for airtransportation aboard US Airways Flight 4084, a passenger carrying flight from Norfolk, Virginiato Philadelphia, Pennsylvania with onwardtravel to Jacksonville, Florida. 26. Mr. Cole's checked baggage for US Airways Flight 4084 was not accompanied by a Shipper's Certification or Declaration ofDangerous Goods at any time on or about March4,2011. 27. Mr. Cole's checked baggage for US Airways Flight 4084 on or about March4, 2011 did notbear a Flammable Gas label. 28. Respondent's employees, including Damon Cole, were not instructed to label theirtools for air travel prior to March 4, 2011. 29. Mr. Cole's checked baggage for US Airways Flight 4084 on or about March4, 2011 was not marked withthe 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 notbear a CARGO AIRCRAFT ONLYlabel.



### 1131. On or aboutMarch4, 2011 whenDamon Cole, travelling onbehalfofrespondent, offeredtheUltra Torch inhis checkedbaggage for US Airways Flight 4084, no shipping papers accompanied the checkedbaggage. Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel By:

# ~11~- Jeailic:=dotimer Attorney Federal AviationAdministration 1 Aviation Plaza Jarnaica, NY 11434 Telephone: 718 553-3272 Facsimile: 718 995-5699

12 Date:CERTIFICATE OF SERVICE I hereby certifY that onthis day copies ofthe foregoing COMPLAINANT'S FIRST SET OF INTERROGATORIES REQUEST FORPRODUCTION OF DOCUMENTS AND REQUEST FORADMISSIONS were placed inthe United States mail, postage prepaid, First Class Mail as follows: TheHonorable Richard C. Goodwin Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New JerseyAvenue, S.E. (Ell-310) Washington, D.C. 20590 FAX (202) 366-7536 Federal AviationAdministration (Original and one copy) 800 IndependenceAvenue, S.W. Washington, D.C. 20591 Attn: HearingDocket Clerk, AGC-430 Wilbur WrightBuilding-Suite 2Wl000 AndviaFacsimile AnacarolinaEstaba, Respondent;s Counsel Gardere Wyune SewellLLP 1000 Louisiana, Suite 3400 Houston, TX 77002-5011 FAX (713) 276-6398

Date: 

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# ~}£2=~ Jeanine otuner Attorney

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