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 1 1 201% 

HEARING DOCKET 

August 30, 2014 

Re File Number 2009S0700173 

Certified Mail- Return Receipt 

Requested 

Rashawn Rich George, ' ·, __ ·_,-- --- ·--:~--:-.~----'-·_:-.. 

In respect to the proposed pen3lty,'VI'~ wouldlik.~t~:retluest a hearing. Since the 

incident DGD Inc. has work~ \Yith great precaution"iJt~aking no mistakes. The 

employee worked on his ,,!l1Yl\~ccord and was terminate~~t.!he time of incident. 

DGD Inc. has made dr~sp~changes to the way of trainiiig,~~ll handling employees. 

We want to work witl:iypu anyway possible to eliminate. thisf"me. 

,,.-,·<.,.- ' --:-.·:- --

-,::/_\{}\-~:'" '-

Below are ollt•~i!IJ;ect actions tak.en since the day ofincident: 

:;-_______ ,._. 

CIJrirettive Actions taken: 

1. j~fg~ ~odrig:~zWas iinmedi~telytermillatei on March S Z009 fo~lad{ of 

follq~~~:;the correct System of Procedures instructed to him byJJGD Inc. 

weeks ].)!~~~ ~o this .incident. . . . • > : ...... . 2. All Comp~~Y~asswords were changed and new password~were 

implemente~.;c; .. •" . .·.··•·."·•················ · 3. All DGD Che~&;ts and A W:6 Release Forms were.~~ppsed of and new 

A WB and DGD ({~~~~~ists were purchased.. . < ; ·· 

4. A full staff meeting'¥~1l?ne on March 6 200~.~~pJaining to the DGD Staff 

the incident and those .n,e)'\1 ~~curity proce1l!t"~~·wlll need to be placed in 

order to not have this hap!J~P. ~gain. .• •S• 

a. Server implementati?H was!ldj:}ed to all off site computers 

b. Log Me in Security 1fl)Si!l<J4.ed to all off site computers. 

c. All Passwords are produced by each employee and Computer 

Logs are kept of entry. 

d. Retraining on Security and 2009 Changes and Amendments to 49 

CFR 171-180 

e. Intermedia.net Exchange 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.com 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

lUG !)._!L 2.0W 

Southern Region 

Office of the 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 3 3126 

P.O. Box 20636 

Atlanta, Georgia 30320 

( 404) 305-5200 

( 404) 305-5223 FAX 

2009S0700 173 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On January 4, 2011, you were advised through a Notice of Proposed 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 of Dangerous 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. 

1 
5. The plastic drum described in paragraph I was accompanied by ICAO packing 

instruction (310). 

6. Prior to DGD's offer of the 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 of the 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 of the 

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 of hazardous 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 of the Code of Federal 

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 of the § 172.101 Table, if any, 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 of not 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 of the 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. If you 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 (if delivery is in person or via expedited courier 

service) or Federal Aviation Administration, 800 Independence Avenue SW, Wilbur Wright 

Building, Suite 2Wl 000, 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 of Proposed 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 

~~WN 

B(J~~rJ.1 r~~ Ric;;o1c;;~GE'-/-- 0 

Senior Attorney 

Office of the Regional Counsel 

3 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Final Notice of Proposed Civil Penalty has been mailed by 

Certified Mail & Regular Mail to: 

DOD Inc. 

Attn: President 

I 56 I NW 82nd Avenue 

Dora!, FL 33 I26 

and 

DOD, Inc. 

Attn: President 

I325 NW 78 Avenue 

Suite I 04 

Dated 

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