U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southern Region 

Office of the Regional Counsel 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

RECEIVED 

AUG 2 5 2014 

HEARING DOCKET 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

~0 1lf- 05Y0 

Re: In the Matter ofDGW, Inc., d/b/a Melrose T-Top, Inti FAA Case No. 2013S0700205 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Louisville, KY area, and expects 

that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, J' I / /;? ".;::? 

/;:/'12/J?/' ' ,//':~- _/ /t 1 

~_~~/-·· 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

DGW, Inc., d/b/a Melrose T-Top, Intl 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAADocketNo. ~Qly- 0Sy [p 

Judge 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to 

Rule 208 of the Rules of Practice (14 C.F .R. 13 .208), and states as follows: 

I. 

On July 29, 2014, Respondent, DGW d/b/a Melrose T-Top, Inc., was advised through a Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of $38,500. On August 8, 2014, the Agency Attorney received a written request for a hearing 

from the Respondent. 

II. 

l. On or about March 13,2013, DGW d/b/a Melrose T-Top ("Melrose") knowingly 

offered to UPS a one-piece shipment consisting of a fiberboard box containing hazardous 

materials for transportation by air. 

2. The above-mentioned shipment was assigned UPS Three Day Select tracking 

number/air waybill number lZ 617 489 12 6033 7371. The shipment was offered by Melrose for 

transportation to the consignee at 7717 Eagle Ridge Drive, San Diego, CA 92119. 

3. At all times mentioned herein, the above-mentioned shipment was not 

accompanied by a Shipper's Certification or Declaration of Dangerous Goods. 

4. The above-mentioned shipment was transported to the UPS sort facility in 

Louisville, Kentucky. 
5. On or about March 14, 2013, ground-handling personnel at the UPS sort facility 

discovered the above-mentioned shipment leaking. 

6. The above-mentioned fiberboard box contained four (4) 1-gallon (3.785liter) 

metal containers of GM Vehicle Care Black Reconditioning Paint (totaling 15.14liters), with 

metal lids, marked "DANGER! FLAMMABLE LIQUID AND VAPOR". 

7. Further investigation showed that the entire contents of the one container had 

leaked into and through the fiberboard container. 

8. (a) GM Vehicle Care Black Reconditioning Paint is classified as a hazardous 

material under the Department of Transportation Hazardous Materials Regulations (HMR) ( 49 

C.P.R.§ 172.101). 

(b) The proper shipping name of the material is Paint. It is in Hazard Class 3 

(Flammable Liquid), Packing Group II, and has an assigned identification number ofUN1263. 

The proper label is Flammable Liquid. 

(c) The quantity of GM Vehicle Care Black Reconditioning Paint in the 

fiberboard box exceeded the S-liter limit to be carried aboard a passenger aircraft. 

9. Melrose offered the above-described shipment of hazardous material for 

transportation by air without shipping papers that included: 

(a) the assigned identification number prescribed for each hazardous material; 

(b) the proper shipping name prescribed for each hazardous material; 

(c) the hazard class prescribed for each hazardous material; 

(d) the packing group prescribed for each hazardous material; 

(e) the total net mass per package of each hazardous material; and, 

(f) the number and type of packages containing hazardous material. 

10. Melrose offered the above-described shipment of hazardous material for 

transportation by air and failed to: 

(a) certify that the materials were in accordance with the HMR (49 C.P.R. §§ 

171, et seq.) by printing on the shipping papers the certification set forth in§ 172.204(a)(1), 

172.204(a)(2), or§ 172.204(c) of the HMR; 

(b) prepare the required certifications in duplicate; and, 
(c) add to the certification required in this section the following statement: 

"I declare that all of the applicable air transport requirements have 

been met." 

11. Melrose offered the above-described shipment of hazardous materials for 

transportation by air when: 

(a) the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; 

(b) the outer container was not marked with the assigned identification 

number of each hazardous material contained therein; 

(c) the outer container was marked Consumer Commodity, ORM-D, but had 

no other markings; 

(d) a "FLAMMABLE LIQUID" label was not affixed to the outer container; 

and 

(e) a "CARGO AIRCRAFT ONLY" label was not affixed to the outer 

container. 

12. Melrose offered the above-described shipment of hazardous material for 

transportation by air and failed to make emergency response information available for use at all 

times the hazardous material was present. 

l3. Melrose offered the above-described shipment of hazardous material for 

transportation by air and failed to make an emergency response telephone number immediately 

available to the appropriate official person designated to respond to an incident involving a 

hazardous material, or who was conducting an investigation involving a hazardous material. 

14. Melrose offered the above-described shipment of hazardous material for 

transportation by air when the packaging was not designed, constructed, maintained, filled, its 

contents so limited, and closed, so that under conditions normally incident to transportation, 

there would be no identifiable release of hazardous material to the environment. 

15. Melrose offered the above-described combination package of hazardous materials 

for transportation by air when the inner packagings were not packed, secured, and cushioned to 

prevent their breakage or leakage and to control their movement within the outer packaging 

under conditions normally incident to transportation. 

16. Melrose offered the above-described shipment for transportation by air and failed 

to use stoppers, corks, or other such friction-type closures that were held in place securely, 

tightly and effectively by positive means. 
17. Park Place offered the above-described shipment of hazardous material for 

transportation by air and failed to ensure that each of its hazmat employees was trained in 

accordance with the prescribed requirements as set forth in Section 172.704. 

III. 

18. By reason of the above Melrose violated the following Department of 

Transportation Hazardous Materials Regulations (Title 49 of the Code of Federal Regulations): 

19 Section 171.2(e) in that Melrose offered or transported a hazardous material for 

transportation in commerce when the hazardous material was not properly classed, described, 

packaged, marked, labeled, and in condition for shipment as required or authorized by applicable 

requirements of this subchapter, or an exemption, approval, or registration issued under this 

subchapter or under subchapter A of this chapter. 

20. Sections 172.200(a) and 172.202(a)(l) in that Melrose offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

including the identification number prescribed for the material as shown in Column 4 of the § 

172.101 Table, in the manner required by this subpart. 

21. Sections 172.200(a) and 172.202(a)(2) in that Melrose offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

including the proper shipping name prescribed for the material as shown in Column 2 of the§ 

172.101 Table. 

22. Sections 172.200(a) and 172.202(a)(3) in that Melrose offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

including the hazard class or division number prescribed for the material as shown in Column 3 

ofthe § 172.101 Table. 

23. Sections 172.200(a) and 172.202(a)(4) in that Melrose offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

including the packing group in Roman numerals, as designated for the hazardous material in 

ColumnS ofthe § 172.101 Table. 

24. Sections 172.200(a) and 172.202(a)(6) in that Melrose offered a hazardous 

material for transportation by aircraft and failed to describe the hazardous material on shipping 

papers showing the total mass per package, unless a gross mass is indicated in Columns (9A) or 

(9B) of the § 172.10 I Table in which case the total gross mass per package must be shown; or, 

for Class 7 materials, the quantity of radioactive must be shown by activity. 

25. Sections 172.200(a) and 172.202(a)(7) in that Melrose offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

indicating the number and type of packages (for example, "12 drums"). 
26. Sections 172.204(a) or (c)(l) in that Melrose offered a hazardous material for 

transportation and failed to certify that the material was offered for transportation in accordance 

with this subchapter by printing on the shipping paper containing the required shipping 

description one of the certifications set forth in this part. 

27. Section 172.204(c)(2) in that Melrose offered a hazardous material to an aircraft 

operator for transportation by air and failed to provide two copies of the certification required in 

this section. 

28. Section 172.204(c)(3) in that Melrose offered for transportation by air a hazardous 

material authorized for air transportation and failed to add to the certification required in this 

section the following statement: 

"I declare that all of the applicable air transport requirements have been met." 

29. Section 172.30l(a) in that Melrose offered for transportation a hazardous material 

in a non-bulk packaging and failed to mark the package with the proper shipping name and 

identification number (preceded by "UN" or "NA", as appropriate) for the material as shown in 

the §172.101 table. 

30. Sections 172.300(a) and 172.312(a) in that Melrose offered hazardous material for 

transportation and failed to properly pack the package of liquid hazardous material with closures 

upward and legibly mark the package with standard orientation markings, on two opposite 

vertical sides of the package with the arrows pointing in the correct upright direction. 

31. Section 172.400(a) in that Melrose offered for transportation a hazardous material 

in one of the packages or containment devices listed in this subpart and failed to label the 

package or containment device with the labels specified for the material in the § 172.101 Table 

and in this subpart. 

32. Section 172.600( c )(1) in that Melrose offered for transportation a hazardous 

material and failed to make the emergency response information conforming to this subpart 

immediately available for use at all times the hazardous material was present. 

33. Section 172.600( c )(2) in that Melrose offered for transportation a hazardous 

material and failed to make emergency response information including the emergency response 

telephone number, immediately available to any government agency responding to an incident 

involving hazardous materials or conducting an investigation which involves a hazardous 

material. 

34. Section 172.702(a) in that Melrose offered a hazardous material for transportation 

and failed to ensure that each of its hazmat employees was trained in accordance with the 

requirements prescribed in this subpart. 
35. Section 173.24(b)(l) in that Melrose failed to use a package which was designed, 

constructed, maintained, filled, its contents so limited, and closed, so that under conditions 

normally incident to transportation, there would be no identifiable (without the use of 

instruments) release of hazardous material to the environment. 

36. Section 173.27(d) in that Melrose offered a package for transportation by air 

failed to ensure stoppers, corks or other such friction-type closures were held securely, tightly 

and effectively in place by positive means, and that each screw-type closure on any packaging 

was secured to prevent closure from loosening due to vibration or substantial change in 

temperature. 

37. Section 173.27(e) in that Melrose offered a package for transportation by air and 

failed to insure that except as otherwise provided in this subchapter, liquid hazardous materials 

of Class 3, 4, Division 5.1, 5.2 or 6.1, or Class 8 that are packaged and offered for transport in 

glass, earthenware, plastic or metal inner packagings were packaged using absorbent material as 

follows: 

(a) Packing Group I liquids on cargo aircraft, and Packing Group II liquids 

including Division 5.2 liquids on passenger and cargo aircraft, must be packaged using a 

sufficient quantity of absorbent material to absorb the entire contents of any one of the inner 

packagings containing such liquids. When the inner packagings are of different sizes and 

quantities, sufficient absorbent material must be used to absorb the entire contents of the inner 

packaging with the greatest volume of liquid. 

3 8. Section 173 .173 in that Melrose offered for transportation a package containing 

paint when the § 172.101 Table specified that it be packaged as prescribed under §173.202 of this 

part if it is a Packing Group II material or § 173.203 of this part if it is a Packing Group III 

material. 

39. Pursuant to 49 U.S.C. Section 5123(a), Melrose is subject to a civil penalty not 

lower than $250 ($450 for training-related violations), nor greater than $75,000 ($175,000 if 

death, serious illness, severe injury, or substantial property damage results), for each violation of 

the Department of Transportation Hazardous Materials Regulations. 

40. Under the facts and circumstances of this case, a civil penalty of$38,500 is 

appropriate. 
WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $38,500. 

Respectfully submitted this ---r~---r'- day of August, 2014. 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CPR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Richard L. Williams 

Griffin Williams LLP 

501 W. State Street 

Suite 203 

Geneva Illinois 60134 

~gl;s Pro gram Analyst 

Dated 

(original + 1 copy) 
Griffin Williams LLF 

August 5, 2014 

Via Fede~al Express 

Federal Aviation Administration 

Attn: Hearing Docket Clerk 

600 Independence A venue SW 

Wilbur Wright Building 

Suite 2W1000 

Washington, DC 20591 

Re: Request for Hearing 

FAA Case No. 2013S0700205 

Dear Hearing Docket Clerk: 

AUG - 8 

Attorneys and 

Coum;elors at L.sn'\1 

Richard L. Williams 

Direct: (630) 457-1205 

rwilliams@gw llp ]a w.com 

Please be advised that our firm represents D G W., Inc., d/b/a Melrose I Top. Reference is made 

your cmrespondence dated July 29, 2014 entitled "Final Notice of Proposed Civil Penalty" 

addressed to "President, Melrose T-Top, 100 W. Ellwalk, Cortland, IL 60112." In accordance 

with Section 13.16 of the Federal Aviation Regulations (14 C.F.R. §13.16), D G W, Inc. hereby 

requests a formal hearing in this matter. 

RichaM\ William~ 

Enc. ) 

cc: Via Certified Mail, Return Receipt Requested 

Christopher R. Stevenson, Esq. 

Office of the Regional General Counsel 

Federal Aviation Administration 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

G [W • 501 W. State Street, Suite 203 • Geneva • Illinois • 60134 • ph: 630.457.1205 • fax: 630.262.0644 

www.gwllplaw.com 
G I \N" 

Pag:lz 

GRANT OF AUTHORITY 

I, the undersigned, certifY that I am the President of D G W, Inc., an Illinois corporation, 

and hereby authorize my attorney, Richard L. Williams of GriffiniWilliams LLP, 501 W. State 

Street, Suite 203, Geneva, Illinois 60134, to file the above referenced Request for Hearing. I do 

here further authorize and direct all further communications regarding FAA Case No. 

2013 S0700205 to be served upon Richard L. Williams. 

SUBSCRIBED AND SWORN 

to before me this .5iJ-. day 

of August, 2014 

Notary 

~cl/J~ Public (j 

-

D G W,,I/1/b/~;r/eF'op 

-~ii:&~.lf'_L_ __ By David Wiehle, President