IV/io/LOll 08:58 FAX 2024835142 FAA -t OMS 14\001/033 

Wll.KERSON 

HOZUBIN 

l K .!>TIUET, /!UI'1Y. • oa 

li(.liOKAGL AK 99!01 

TEL (:107) Z7(>.SZP7 

FAX: (!107) 171J.5~1 

··--· 

u.s. DEPARTMENT OF TRANSPORftECEIVED 

OFFICE OF HEARINGS t;; ' 

WASHINGTON, DC 

In the Matter of: ) 

) 

OCT 2 1 2011 

HEARING DOCKET 

TGI FRJ!;IGHT 

------------------

)FAA Docket No. CPlONM001/. 

)OMS NO. FAA-2010-1079 

)Judge RICHARD C. GOODWIN 

OPPOSITION TO MOTION FOR DECISION 

The FAA moved for a ruling from this Court that the epoxy 

at issue in this matter is regulated as a hazardous material 

for purposes of transportation. TGI opposes this motion. 

There are genuine issues of material fact, and the FAA has not 

met its burden of proof. The mution should be denied, as this 

issue is appropric:tte for the hearing in this 1nat ter. 

I. FACTS 

TGl Freight has been a dangerous qoods agent for Parsons 

Corporation since June 2009. On or about February 19, 2010, 

TGI freight received, along with other items, four 

manufacturers' combination packaging (shipping containers) of 

Pro-poxy 400 Epoxy resin. [Exhibit 1, Affidavit of Todd 

Clark.} None of the packages dispJayed either a consumP.r 

commodity rnar.king or limited quantities markings. [Exhibits 1-

4, Affidavit and photos.] 

Further inspection found that the inner containers did 

display a WHMIS Class D, division 2 symbol that warns of 

possible poisonous reactions to a person who is repeatedly 
10/28/2011 09:57 FAX 2024835142 FAA + OMS 141002/033 

\'ILKERSON 

HOZUBIN 

1.: S'llULr. SUITE 40~ 

::HOR4Gl::, AK 9!lSO l 

'EL: (~7) :t7~5297 

llX: (907) 276-5~~1 

exposed to small amounts, buL they did not display the WHMIS 

Class B symbol for flammable/combustible material. (Exhibits 

1-4, Affidavit and photos.] In other words, the only marking 

indicat.ed that the material may be irritating to the skin after 

prolonged exposure. [Exhibits 2-3.1 

II. STANDARD 

The motion is made pursuant to 11 CFR 13.218(f) (5) which 

specifically states: 

... The administ.rali ve law judge shall grant a party's 

motion for decis.ion if the pleadings, depositions, 

answers to interrogatories, admissions, matt~rs that 

the ad.rrd. nistrati vc law j ud.ge has officlall y noticed, 

or evidence introduced during the hearing show tlla t 

there is no genuine issue of material f:Clct and that 

the party making the motion is 6ntitled to a decision 

as a matter of law. The party making the motion for 

decision has the burden o£ showing that there is r:o 

genuine issue of material fact disputed by the 

parties. 

The F'AA has the bur.den to demonstrate that there are no 

gcnui.ne issues of material fact and that it 2s enlitled to 

judgment as a matter of law. The FAA fails to meet this 

burden. 

II. ARGUMENT 

Not surprisingly, the FAA submitted a copy of the MSDS for 

the epoxy. First, the MSDS is hearsay. While 14 CFR 13.2?2(c) 

allows for hearsay in these proceedings, it should nol be given 

as much weight as evldence, such as the photos of the product 

In the Matl~r of T~! Freight 

DQcket. No. CPlONMOOl/. 

Page 2 
10/26/2011 08:57 FAX 2024935142 FAA + OMS ~ 003/033 

WILKF.RSON 

HOZUBIN 

to K STREET, SUITE ~os 

NCHOR AGE, AK moJ;OJ 

lF~: (907) 27~~7 

FAX: (901) :.r/G-~:t!ll 

and packaging, the packaging itself, and the testimony of Lhose 

who actually inspected the product prior to shipping. Second, 

there is no requirement under 49 CPR that a shipper refer to a 

product MSOS prior Lo shippi~g. An MSDS is an OSHA form 

referenced in CFR-29 and is even not required lo have DOT 

information on it, which lS lj.kely the reason there is no 

requiremGnt to refer Lo it under 49 c:R. Finally, the MSDS a$ 

provided by the FAA is inconsistent with the marking and 

labeling of the shipping containers and the epoxy containers 

themselves. A shipper should be able to rely on the 

manufacturer's representations on the labels and markings. 

In this instance, the manufacturer chose to send the epoxy 

in unmarked white boxes. None of the packages displayed either 

a consumer commodity markj_ng as required by CFR-49 17/..316 (a) 

or limited quanlities markings as required by 172.301 and 

172.315. 

Further, the inner containers, the tubes of epoxy, did 

display a WHMIS Class D, division /. symbol that warns of 

possible poisonous reactions to a p6rson who is rcpe~tedly 

exposed to small amounts, but they did not display the WHMIS 

Class B symbol for flammable/combustible material. The only 

marking indicated that the material may be irritating to the 

skin after prolonged exposure. 'fhe presence of the Class ~r 

In th~ Matter of TGI Freight 

Docket No. CP10NM0012 ·-

P<:Lge 3 
10/28/2011 08:57 FAX 2024835142 FAA + OMS @ 004/033 

Wli..K£RSON 

HOZUBIN :no K STREET,SIJJTI-:105 

ANOIORA<il::, AK 99501 

TEL: (90'1) ~71i-52~7 

fAX: <007) ~7c.r.29J 

divis.:.on 2 symbol is a consumer waL·nlng and does not equal DOT 

hazard class. 

Because of the ~bsence of the required information, TGl 

Freight considered the Pro-poxy 400 to bG a non-regulated item 

and shipped it as such. TGI Freight appropriately relied on 

the information provided by the manufacturer of the product on 

both the shipping boxes and the tubes of epoxy, 'l'he ouLer 

packaging was not marked with a proper shipping name, 

as required by 17?.300/172.301, or UN/NA number in a 

diamond, as required by 172.315, for limited quantities by nonair transport. lt was also nol. marked with Consumer Cor:unodity, 

ORM-D. As shown by tha photos, there are no markings or labels 

of any kind on the packaging for surface shipment. This is in 

direct violation of 49 CFR by the manufacturer. 

Further, the epoxy is received at AS&G from the 

manufaclurer in the same whi.te boxes that are shown in Exhibils 

l and 2 that have no markings. [Exhibits 1 and 4.] 

Additionally, the over-packs (streLch-wrapped pallets) had no 

markings as required by 49 CFR 172.300 and 172.301. [Exhibits 

1 and 4.] 

Unitex, the manufacturer, has taken the position that 

because of the small quantity in the 9 oz tub~~, they do noc. 

require marking, labeling, or placement of WHMIS symbols for 

In the M~ttcr of TGI Freight 

Docket No. C:Pl0NMOOl2- .. 

P01g~ 4 
10/28/2011 09:57 FAX 2024935142 FAA -. OMS @ 005/033 

WILKf'RSON 

HOZUBIN 

31 ~ k STIU::£1'. Sl.JITE 1115 

ANCiklRAGE.AK9t50J 

TU.: (l)OT) ~7<;-5~~7 

FAX: (907) %76-<i~ l 

surface shipment. This is despite the f~ct that re5earch has 

shown that the exact same product jn larg0r 28 oz tubes is 

labeled with multiple flammable warnings on tb.e tubes. The 

fault fo.r what occurred lies with the manufacturer and not TCI 

Freight. 

Finally, it should be noted, that while the FAA argues 

that TGI admitted that it did not follow its own procedures in 

this instance, nowhere has TGI ever admitted that it dld not 

follow its own procedures. TGI followed p.x:·oper protocol. 

IV. CONCLUSION 

TGT Freight acted appropriately based on the information 

provided to lt on the manufucturer's shipping containers. Had 

the cartons or even inner containers been properly marked, 

labeled, or embossed with t.he WHMJS symbols, as required, TGI 

Freight would have properly declared thern. The fault for what 

occurred lies wilh lhe manufacturer and not with TGI Freight. 

Based on the foregoi.ng, there is clearly a disputed J.ssue 

of material fact--is the marking and labeling on the packaging 

correct, o.r ls the hearsay MSDS, that conflicts wiLh the 

marking and labeling, correct? This is a material question of 

fact appropriate for determination only at the hearing in this 

matter. The FAA h~s not met its burden of proof, and its 

motion should be den i.ed. 

In the Matter of TGI Freight Dock~t No. CP10NM0012 

Page 5 
IU/~o/2011 08:57 FAX 2024835142 FAA -> OMS 

WIJ.J\ERSON 

HOZUBIN 110 K ST!t£ET. SUITE 4M 

\NCHOitAGE, AK ,!Jr~n 

TJ:l.; (907) :7&.:;~7 

fAX: 1007) ~7&r.:!..~l 

DATED this J _ 3 J"-d-ay of October, 2 0 11. 

WILKERSON HOZUBIN 

Att.orn)'Ys 

By: 

CERTIFICATE OF SER~CE 

I hereby certify th~t o~ the n· day of October, 2011, .:! true 

and correct copy of Lhe ro~egoing 

R 

AK 

w~s f~x~d ~nd mailed to the following: 

Original Plus l Copy 

~~deral Aviacion Admini9tration 

BOO Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suit~ 2Wl000 

(202) 493-5142 - f<lX 

One Copx 

Howard L. Martin, Jr. 

/) 

RG:gional Counsel, Ottic~::c ot Regional Coun::>el, AAL-7 

Aloskan Reqion 

Federal Avia~ion Administration 

222 w 7'~ Avenue JH4 

Anchorage, AK 99513-7587 

{901) 211-2800 - fax 

Cheryl M. Jones, Sr. Attorney 

Otfic~ of Regional Counsel 

Alaska Region 

Federal Aviation A&~inistration 

222 West 7th Avenue Jll4 

Anchorage, AK 99513-7587 

(907) 271-2800 - fax 

The Honorable Richard C. Goodwin, Adm~nistrative Law Judge 

U.S. DAp~rtment ot Tr~n~portation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building, Ground Floor, Room El2-320 

Washington, DC 20590 

(202) 366-7536 - fax 

WILKERSON HOZ~BJN 

tn the Matter of TGI Freight Du~ket No. CP10NM0012 

Page 6 

@ 008/033 

Freight 
10/26/2011 08:57 FAX 2024835142 FAA -> OMS 

U_$_ DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of: ) 

TGI FREIGHT 

) 

)FAA Docket No. CP10NM0012 

)DMS NO. FAA-2010-1079 ______________________________ )Judge RICHARD C. GOODWIN 

AFFIDAVI~ OF TODD CLARK 

STATE OF ALASKA 

ss. 

THIRD JODICIAL DISTRICT 

141007/033 

Todd Clark, being first duly sworn upon oath, deposes and 

states as follows; 

1. I am the owner of TGI Freight. This atfidavit is 

based on my personal knowledge of the matters set forth herein. 

2- On or about February 19, 2010, TGI Freight received, 

along with other items, four manufacturers' combination 

p~ckaging (shipping containers) of Pro-poxy 400 Epoxy resin. 

None of the packages displayed either a consumer commodity 

marking as required by CFR-49 172.316 (a} or limited quantitleB 

markings as required by 112.301 o% 172-315 for non-air 

transportion. 

3. Further inspection found that the inner containers 

did display a WHMIS Class D, division 2 symbol that warns of 

possibJe poisonous ceactions to a person who is repeatedly 

exposed to small amounts, buc. Lhey did not display the WIJMJS 
IV/LO/LOll 08:57 FAX 2024835142 FAA + OMS @ 008/033 

Class B symbol for flammable/combustible material. The only 

marking indicated that the material may be irritating to the 

skin after prolonged exposure. 

4. The outer packaging was not marked with a proper 

shipping name, as required by 172.300/172.301, or UN/NA number 

in a diamond, as required by 172.315, for limited quantities by 

non-air transport. It was also not marked with Consumer 

Commodity, ORM-0. 

5. I spoke with Un.:i.tex, the manufacturer, of the epoxy 

at issue. Unitex took the position that because of the small 

quantity in the 9 oz tubes thaL wc:re .shipped, the containers do 

not require marking, labeling, or placement of WHMIS ~ymbols 

for surface shipment. 

6. I then did further research on this matter. My 

research showed that the exact same product in larqer 28 oz 

tubes is labeled with multiple flammable warnings on the tubes. 

7. Finally, Exhibit 4 consists of photographs I took at 

AS&G !Alaska Sand and Gravel) of the epoxy at issue as it is 

received at AS&G from the rnanuf~cturer. It is received at AS&G 

from the manufacturer in the same whiLe boxes that are shown in 

Exhibits 1 and 2 that have no markings. Additionally the over 

packs (stretch wrapped pallets) had no markings as required by 

J 72.300 and 301. 

In th~ Matter of TGI Freight 

Docket No. CP10NM0012 
10/28/2011 08:57 FAX 2024835142 FAA + OMS 141008/033 

FORTHER YOOR AFFIANT SAYETH NAUGHT. 

DATED this 13th day of October, 2011, at Anchorage, Alaska. 

CBR~IFICATE OF SERVXCE 

I h~r~by c~rtify LhaL on the 

J3_ day of October, 201L a true 

and correc L copy of l11.: foregoing 

was mailed to the follo~ing: 

Original Plus l Copy 

Federal Aviation Administration 

BOO Independence Avenue, s.w. 

Washington, DC 20591 

~ark 

~&---------------

My Commission 

Attn: Hearing Docket Clerk, AGC-430 

W.:i.l.bur Wright Euilding-Suj. t:e< 2Wl 0 00 

One Copx 

Howard L_ Martin, Jr. 

~egional Counse-l, Offj_c.€1 or Hegional Counsel, AAL-'1 

Alaskan Region 

Federal ~viation Administration 

222 W 7th Avenue H4 

Anchorage, AK 99513-7!)87 

Tha Honorabl8 Rich~rd C. Goodwin, Administrativ~ L~w Judge 

U.S. D€pnrtmcnt ot Transportation 

Office of Hearings, ~-20 

1200 New Jersey Avenue, S.E. 

East Building, Ground Flour, Roorn E12-320 

In the Matter of TGI Freiqh~ 

Dockel No. CP10NM0012 , ........ -- ~ 
IV/~o/2011 08:58 FAX 2024935142 FAA 

WashingLOft, DC 20590 

WILKERSON HO?.UBIN 

By: (?~d __ 7/rlr1ea=x 

9100/7. 12/pl !!.ild!Opp co Men for L>ecision- llrt. 

In the Matter of TGI Freight 

Docket Nc). CPlONM0012 

-> OMS @010/033 
10/26/2011 08:58 FAX 2024835142 FAA 

U.S. DEPARTMENT 01-' TRANSPORTAi!OJ.- ' 

FEDEIU.L AVIATION ADMIN'JS1'RATIOlf 

Sccurit.y «nd H~:sr<luut> Mnrt'rinls 

-. OM S 14! 011/033 

Photograph shows the entire shipment o1rered to ASAA hy TGIF as cargo. 

Photograph taken on February 19, 2010, at 1200 hours, by Special Agent, Jeffrey DEITZ 

using a Fuji FinePix A610 Digital Camera. The picture wao:; downloaded directly from 

Fujifilm Camera to this document No alterations were made to the photographs other 

rhan copying them from Lotus Notes to Microsoft Office Word. 

The custodian of all photographs exposed and used in this investigation is the Hazardous 

Materials Branch Office, ANM-740, 1601 Lind Avenue SW, Renton, WA 98057. 

Jtem of Proof 5 (Page 1 of 5 Pages) 

300027 

lmerviewed/Reviewcd On·-·-------- __ _ J\[ ~---- -------

By ,J r:ffcer. I.. Deitz 2010NM730038 

FAA P'ona 1600-3'2· 1 0 -661 5'0R OFFlCI.AL tiS£ ONL T 
10/£6/2011 08 : 58 FA X 202 4935142 FAA 

U.S. I'YF-PARTM~ NT Or< TRANSPO~TAT£0['( 

FEDE~ AVIA1'JON ADMINJSTAATION 

s~curity and H a :r.;ordOL\S Ma~risls 

-. OM S 

Photograph shows the four boxe$ ofUnitex Pro-Poxy 400 Adhesive. 

141 0 12 / 033 

Photograph taken on February 19, 2010, at 1200 hours, by Special Agent, Jeffrey DEITZ 

using a Fuji fincPix A610 Digital Camera. The picture was downloaded directly from 

Fujitilm Camera to this document. No alterations were made to the photographs other 

than copying them from Lotus Notes to Microsoft Office Word. 

'l11c custodian of all photographs exposed and used in this investigation is the Ha:cardous 

Materials Branch Office, ANM-740, 1601 Lind Avenue SW, Renton, WA 98057. 

lfem of Proof 5 (Page 2 of 5 Pages) 

300028 

lntcrviewM/Revicweri On __ ----- ------- At _____ ----

By J~ffrex L Dciu ~~ilc No. ______ .::;20::__,1'-"Q'-'-'NM"'-7""3~00""'3"-'-A 

FAA Form 1600-3::1.-l 1?-&GI - FOH OFnCI.I\L tiS!!; ONLY 

,.....L -·-=~ 
10/28/2011 09 : 59 FAX 2024935142 

', . : 

FAA 

U.S. DI'~PARTMENT 01' TRANSPORTATJOW 

FED};RAL AVIATION ADMINISTRATION 

Security and Haz.~1Jnu~ Mcm:rials 

. ' . .-; 

-. OMS 

f.i:j'" For u~ In Concrets. StDn.l! Hothnry. 

(~L'JII#f:j 1-RO-Pf)X:Y. 400 "'~' . Epoq Acryt;no Anduwtn, Gel• ICC::tS RCIPQft •u~-~~ 

Photograph shows one of the Unitex Pro~Poxy 400 Adhesive Product Labels. 

~013 /033 

,, ' ' 

,'• . 

.'· ... , ' 

' f ' I • , ·: 

Photograph taken on February 19, 2010. at 1200 hours, by Special Agent, kftrey DEITZ 

using a Fuji rinePix A610 Digital Camera. The picture was downloaded directly from 

Jiujitilm Camera to this document. No alterations were made to the photographs other 

than copying them from Lotus Notes to Microsoft Office Word. 

The custodian of all photographs exposed and used in this investigation i~ the H&ardous 

Materials Branch Office, ANM-740, 1601 Lind Avenue SW, Renton, WA 98057. 

1 tem of Proof 5 (Page 3 of 5 Pages) 

300029 

!ntcrvie-..l/Revicwed On----------- At---------

B:r ...ldfttY. L Di!il>: 

FAA Form 1600.32·1 I? M) 

151111'" ¢ ..., z91e No._ 

~2--'S:. 

2010NM7300J8 ··-

fOR OFn<:IAJ. URI!: OJIILY 
10/~~ 2011 09 : 59 FAX 20248 35142 FAA 

u .S. DEPARTMENT OF TRANSPOR'l'l\'l'lCJ>•" 

FEDERAL AVIATION ADMINISTRATIOM 

S«."rity ~nd Haz;~Tdous Material!: 

Photograph shows one of the ASAA ir~ight tags. 

+ OM S 14 /0 33 

Photograph taken on February 19, 2010, at 1200 hours, by Special Agent, Jeffrey DEITZ 

using a Fuji FinePix A610 Digital Camera_ The picture was downloaded directly from 

Fujifilm Camera to this document No alterations were made to the photographs other 

than copying them from Lotus Notes to Microso11 Office Word. 

The custodian of all pholographs exposed and used in this investigation is the H~dous 

Materials Branch Office, ANM-740. 1601 Lind Avenue SW, Renlon, WA 98057. 

Item of Proof 5 (Page 4 of 5 Pages) 

300030 lntervicurC'<i R~view~ On ___ ----- 1\.t 

By ___ ___,,_..1 ff~C.Y L Dcit:.: ~ F'il,Nn . ___ 2010NM730038 

r J .,.- FOR ornetAL tN!t: omv 

D~ - -, ';f (If.'_ -.,S_, 
10 / 26/2011 08 : 58 FAX 2024835142 FAA 

O .S. DEPART'MJ.;t-lT OF TRANSPORTATI0r<· · 

FEDERAL AVIATION ADMINISTRATION 

SecuriTy ;~nd 1-lJ:\Zilrdous Material,. 

+ OMS 141015 / 033 

Photograph sh()WS the tubes of llnitcx Pro-Poxy 400 Adhesive inside one of the boxes. 

Photograph taken on February 19, 2010, at 1200 hours, by Special Agent, Jeffrey DEITZ 

using a fuji FinePix A61 0 Digital Camera. The picture was downloaded directly from 

F~jifilm Camera to this document. No alterations were made to the photographs other 

than copying them from Lotus Notes to Microsoft Office Word. 

The custodian of all photographs exposed and used in this investigation is the Hazardous 

Materials Branch Office, ANM-740, 1601 Lind Avenue SW, Renton, WA 98057. 

Item of Proof 5 (Page 5 of 5 Pages) 

lntcrvicwed/Reviewcd Otl --------- /\t -----

By -!;;ll'rey L Deilx 

FAA Fo1'111 1600-3l-l l'l·il<>l 

&hl:llt_~-==-" ~fo'ile No. __ 

_ ,..,.- I--. 

-~·-··8€-~ 

300031 

----·--

20!0NM7JOO.l§.__ _ 

f'OR OFFICIAL llSJ: ONLY 
















IUU!:; / 2011 10: 15 FAX 2024935142 FAA -> OM S f4J 032 /0 33 

WR.KERSON 

HOZUBIN 

10 K S'JRFF.T, SUITE 405 

,N('.HOKAG£. Ak !lnr.<11 

TIL (907) %7~2~7 

I'AX: r.>o>T) 21G ~2~1 

U.S. D8PARTMENT OF TRA~SPORTATlON 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of: ) 

TGT FREICH':' 

} 

)FAA Docket No. CP10NM0012 

)DMS NO. FAA-2010-1079 

------_________ )Judge RICHARD C. GOODWIN 

(PROPOSED) ORDER DENYrNG FAA'S 

MOTION FOR DECISION 

Huving reviewed the FAA's Motion for.' Decision, and the 

opposition thereto, this Judge finds the opposilion well taken. 

There are genuine issues of material fact, and the ?AA is not 

entitled to this ruling as a matter of law. Th8 motion is 

DENIED. 

DAT8D this day of --------' 2 01.1. 

Honor<lblc Richard C. Goodwi n 

U.S. Adm1njstrative Law Judge 
IV/4.0/LV II 10:15 FAX 2024935142 FAA -> OMS 

WILKERSON 

HOZUBIN 10 K s-ma:J', SUITE ~M 

~NCJIOR AC.E. AK ,950 I 

ThL: ~11 %7r.r.z97 

t'AX: (90'7) ~76-S29J 

CE~TIFICATE OF SE~VICE 

t h~rcby cerLify thaL on the 

11~ day of October, 2011, a true 

(lnd corr·ect copy of the foregoing 

WdS fax~d and m~iled to the following: 

Original ~lus 1 Copy 

Federal Aviatior. Adm.inistrat.i.on 

800 Tndepcr.dence Aventle, S.W. 

Washington, DC 20591 

Attn: Hearing Dock<"ct Clerk. 1 li.GC-430 

Wilbur Wright Bu.ilding-·Suite 2W1000 

(?02) 493-514? - fax 

One Copy 

Howard L. Ma•tin, Jr. 

Regional Counsel, Off.i.cc: of RegionaL counseL, ML-7 

Alc):.>kan Req.i.on 

Federal Aviation Admi~istruti on 

?.22 w 7Lii Avenue ill-1 

Anchorage, ~ 99513-7587 

(907) 271-2800 - fax 

Cheryl M. Jones, Sr. Attorney 

Office of kegional Counsel 

l\laska 8.egion 

Federal ll.v)8tion l\dm1nistration 

222 West: -;'·" AvemH'. #11 

Anchorage, AK 99513-75H7 

(90./) 271-2800 - fax 

'T'he Honorable Richo.rd c. Goodwin, Ad.m.i.nisl rat.i vc Law Judge 

U.S. Dep~rtruent of Transportation 

Office of Hearinq~, M-?0 

1200 New Jersey ll.venue, S.E. 

East Building, Ground Floor, Room F.1 2-320 

Washington, DC 20590 

(202 ) 366-7536 - fax 

WILK~RSON HOZURIN 

. ) ;} ,·-J J r/J //t. By:_fL~!}~,t:;.!.~=-~-· 

9100/!J42 / p.IF>ad /Opp t< . .> Mr:n f or Den~ion- OTde~ 

In the Mattei? of 'l'GI ~rei ghl 

Docket No. CPlONMOOP 

@ 033/033