Originally Posted by
YadiMolina
No, That's EPA regs. Not applicable at all.
ETA: Correction: EPA regs
are applicable to stuff at the checkpoint itself, e.g. how TSA handles alleged hazmat or other materials left behind. However, it's not applicable to what you
travel with, which is under FAA regs.
49 CFR Ch. 1 Subch. C has all the FAA regs about hazmat. It includes
49 CFR 173.120, which defines "flammable liquid".
It also has
49 CFR 175.10, which has a variety of exceptions for passengers & crew.
Note that TSA (unlawfully unpromulgated) pseudo-regulations are stricter than FAA's.
Originally Posted by
WillCAD
You've probably already thought of this, but I'll say it anyway just to get it in the thread: I'd recommend including in your discovery any and all communications, advertising, or decorative materials, both physical and electronic (including but not limited to, memoranda, notices, emails, directives, posted orders, pamphlets, leaflets, posters, wallpapers, screensavers, newsletters, etc) mentioning screening procedures related to liquids, gels, or aerosols; screening those with physical or mental disabilities; screening assistive devices; professional comportment/behavior/conduct while on duty; choice of/escalation of screening methodology for specific situations - from TSA, from the SFO FSD, from Covenant, and from the SFO airport authority itself.
... decorative materials & wallpapers? O.o? Is there something you're thinking with that?
What do you mean by "choice/escalation of screening" and "specific situations"?
"Communications" is probably too ambiguous. I will ask for their discussions of the policy with outside groups like Amer. Diabetes Assoc., but that's HQ level. And complaints, claims, etc — those are all in centralized databases.
Why would SFO have this material? They don't conduct the screening. They might have a contract with Covenant, which of course I'll be requesting, but that's a separate matter.
You'll be buried under a mountain of materials, but part of your strategy should be to show how the hundred different cooks in the kitchen issue confusing and contradictory orders to the staff under them, many of which likely violate both TSA's stated policies and the actual law. TSA may issue a policy memorandum that says one thing, but if that is contradicted by a poster in the TSO break room, or an email blast sent by the FSD to all TSOs at one particular airport, you might only get the policy memorandum and not the poster.
I have a couple planned ones that talk broadly about all training materials, as well as a variety of specific emails, national shift briefs, and the like which I know are relevant. But hm, fair point about things like posters and other ancillary training / guidance material, and especially about difference between written policy and implemented (especially given the "TSOs have the final say" meta-policy). I'll have to think some more about how to pin that down.
I know, for instance, that the policy about hydrogen peroxide / contact lens solution varies between airports; I have a record from them that says so explicitly. So of course I'll be looking into how else policies vary or are implemented arbitrarily & capriciously, both written & practice.
My expectation is they'll either hold out on me (claiming SSI etc while refusing to conduct a background check for me) or bury me with redundant stuff. TBD. For damn sure they aren't going to be happy about me finally getting to conduct discovery.
There are some fairly broad rules about not screwing other parties with ESI (electronically stored information), and I won't tolerate them just giving me a bunch of scans or the like that are impossible to search. Also as above, I know that a lot of the info is already in database format, e.g. contact center, complaints, incident tracking, checkpoint stats, performance stats, etc etc. I
like databases.
