DGD Inc. 1325 N.W. 78TH AVENUE SUITE 104 Doral FL 33126 (p) 1-888-219-4544

(F)786-999-8893 www.dgdeclaration.com 

# RECEIVED SEP 11201% 

# HEARING DOCKET August30, 2014 Re File Number 2009S0700173 CertifiedMail- Return Receipt Requested Rashawn Rich George,

' ·,

__·_,-- ---**·--:~--:-.~----'-·_:-**.. Inrespect to the proposed

## pen3lty,'VI'~**wouldlik.~t~:retluest** a hearing. Since the incidentDGD Inc. has**work~** \Yith great**precaution"iJt~aking** no mistakes. The employee worked on his**,,!l1Yl\~ccord** andwas**terminate~~t.!he** time ofincident. DGD Inc. has made**dr~sp~changes** to the wayof**trainiiig,~~ll** handling employees. We want to workwitl:iypu anywaypossible to eliminate.thisf"me. ,,.-,·<.,.- ' --:-.·:- --

-**,::/_\{}\-~:'"** '- Below are

## ollt•~i!IJ;ect actions tak.en sincethe day ofincident:

:;-

_______,._. CIJrirettive Actions taken: 1.

# j~fg~**~odrig:~zWas iinmedi~telytermillatei**  on March SZ009

# fo~lad{ of**follq~~~:;the** correctSystemofProceduresinstructed to himbyJJGD Inc. weeks**].)!~~~ ~o**  this.incident.

. . .• 

## >:....... 2. All

### Comp~~Y~asswords were changed andnew

### password~were

## implemente~.;c;.. •"

. .·.··•·."·•················ · 3. AllDGD**Che~&;ts** andAW:6 Release Forms**were.~~ppsed** ofandnew AWB and DGD**({~~~~~ists** were purchased..

. 

### < ; ·· 4. A full staff**meeting'¥~1l?ne** on March 6**200~.~~pJaining** to the DGD Staff the incident andthose.n,e)'\1**~~curity proce1l!t"~~·wlll**  need to beplaced in order to not have this**hap!J~P. ~gain.**  .• •S• a. Server implementati?Hwas!ldj:}ed to all offsite computers b. Log Me in Security 1fl)Si!l<J4.ed to all off site computers. c. All Passwords are producedby each employee and Computer Logs are kept ofentry. d. Retraining on Security and2009 Changes andAmendments to 49 CFR 171-180 e. Intermedia.netExchange Server was added to all Email addresses.

# C, \)Q

**Sif!c~t~ly,**

**L~Lop** 

### DGD Inc. Pr DGD Inc. 1325 N.W. 78TH AVENUE SUITE 104 Dora! FL 33126 (P)l-888-219-4544

(F)786-999-8893 www.dgdeclaration.comU.S. Department ofTransportation Federal Aviation Administration 

# lUG !)._!L

# 2.0W Southern Region Office ofthe Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED & REGULAR MAIL DGD Inc. Attn: President 1561 NW 82nd Avenue Dora!, FL 33126 and DGD, Inc. Attn: President 1325 NW 78 Avenue Suite 104 Dora!, FL 33126 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX
2009S0700173

FINAL NOTICE OF PROPOSED CIVIL PENALTY On January 4, 2011, you were advised through a Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$50,000. After considering all the evidence in this matter, including information submitted at the informal conference on September 21, 2011, it appears that: 1. On or about March 5, 2009, DGD, Inc. (hereinafter DGD) knowingly offered to United Parcel Service (UPS) a (!HI) plastic drum (shipment) containing hazardous materials for transportation by air. 2. The shipment, assigned Lan Chile Airlines (LANF) air waybill #045-5934749, was offered by DGD for air transportation to Coca Cola Industrial, LTDA, 125M Este Plaza Deportes La Uruca, 999 San Jose, Costa Rica. 3. At all times mentioned herein, the shipment was accompanied by a Shipper's Certification or Declaration ofDangerous Goods. 4. The plastic drum described in paragraph 1 was described on the Shipper's Certification or Declaration of Dangerous Goods as containing Extracts, Flavoring, Liquid, Hazard Class 3, Packing III, and assigned identification number UN1197. The total quantity was listed as 190.809liters.
15. The plastic drum described in paragraph I was accompanied by ICAO packing instruction (310). 6. Prior to DGD's offer ofthe shipment described at paragraph I, on March 5, 2009, International Flavors & Fragrances, Inc. (hereinafter IFF), offered a (!HI) plastic drwn containing Extracts, Flavoring, Liquid, Hazard Class 3, Packing II, and assigned identification nwnber UN1197. The total quantity was listed as 190.809 liters. 7. The shipment offered by International Flavors & Fragrances, Inc. was assigned LANF air waybill #045-5934749. 8. The shipment offered by IFF described above at paragraph 6 was accompanied by ICAO packing instruction (307). 9. On or about March 5, 2009, the IFF shipment was rejected by LANF because the maximwn weight (601) for the hazardous material had been exceeded for air transportation. 10. As a result ofLANF's rejection ofthe IFF shipment it was returned to the freight forwarder Kuehne & Nagel. II. On or about March 5, 2009, DGD re-offered the IFF shipment rejected by LANF with a different Shipper's Declaration for Dangerous Goods. 12. The Shipper's Declaration prepared by DGD changed the packing group ofthe hazardous materials from Packing Group II to Packing Group III, despite the transport information contained in the MSDS for the hazardous material which listed it as Packing Group II. 13. DGD offered the shipment ofhazardous material for transportation by air without shipping papers that included: (a) the packing group prescribed foreach material; (b) a statement indicating that the shipment is within the limitations prescribed for either passenger and cargo aircraft or cargo aircraft only. 14. By reason of the above, DGD violated the following Department of Transportation Hazardous Materials Regulations (Title 49 ofthe Code ofFederal Regulations): (a) Section 171.2(e) in that DGD offered a hazardous material for transportation in commerce when the hazardous material was not properly classed, described, packaged, marked, labeled, and in condition for shipment.

2(b) Sections 172.200(a) and 172.202(a)(4) in that DGD offered a hazardous material for transportation and failed to describe the hazardous material on the shipping papers, including the packing group, in Roman numerals, prescribed for the material in Column 5 ofthe 

### § 172.101 Table, ifany, of the material covered by the description, in the manner required by this subpart. In accordance with Section 5123(a) of Chapter 51, Title 49 of the United States Code of Transportation, 49 U.S.C.§ 5123, DGD is liable for a civil penalty ofnot less than $250 ($450 for training violations), nor greater than $75,000 ($175,000 if death, serious illness, severe injury, or substantial property damage results), for each violation ofthe regulations. After reviewing our investigative file, we propose to assess a civil penalty in the amount of $50,000 for these violations. Unless you mail or personally deliver, in writing, your request for a hearing in this matter, on or before fifteen (15) days after you receive this Final Notice, we will issue an Order Assessing Civil Penalty and you will have no further right to a hearing. Ifyou do not submit a written request for a hearing, you must pay the proposed civil penalty. Your request for a hearing must be sent to the Federal Aviation Administration, 600 Independence Avenue SW, Wilbur Wright Building, Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 (ifdelivery is in person or via expedited courier service) or Federal Aviation Administration, 800 Independence Avenue SW, Wilbur Wright Building, Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 (if delivery is via U.S. Mail), and a copy must be sent to the undersigned FAA attorney. Your request must be dated and signed, in accordance with section 13.16 of the Federal Aviation Regulations, sent to you with the Notice ofProposed Civil Penalty (14 C.F.R. §13.16). You may pay the proposed penalty by submitting a certified check or money order payable to the "Federal Aviation

**Administration'~** to the undersigned. RANDY ELLEN HYMAN REGIONAL COUNSEL



# B(J~~rJ.1**r~~**

**~~WN Ric;;o1c;;~GE'-/--**  

# 0 Senior Attorney Office ofthe Regional Counsel



### 3CERTIFICATE OF SERVICE I hereby certify that the foregoing Final Notice ofProposed Civil Penalty has been mailed by Certified Mail & Regular Mail to: DOD Inc. Attn: President I56I NW 82nd Avenue Dora!, FL 33 I26 and DOD, Inc. Attn: President I325 NW 78 Avenue Suite I04

Dated



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