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U.S. Department Southern Region P.O. Box 20636 

of Transportation Office of the Regional Counsel Atlanta, Georgia 30320 

Federal Aviation (404) 305-5200 

Administration (404) 305-5223 FAX 

^?X^ i 3 2011 

CERTTFIED - RETURN RECEIPT REQUESTED -

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 ^ 

Wilbui: tVright Building -;: 

800 Independence Avenue, SW o-i 

Washin-^ou/DC 20591 '^ 

Re: ' In the Matter of Dryuc Corporation ^]\M ^ clOfl^ ^4S b 

FAA Case No. 2010SO700233 

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

tlie Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Louisville, Kentucky 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 ihe Regional Counsel, ASO-7 

Soulhem Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5^00, fecsimile (404) 305-5223. 

Sincerely, 

GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 

Enclosures 

. . • . •/ "••'..YA 

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05/25/2011 1B:03 FAX 

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2024935142 

Richmond. VA - Cc^porate HQ 

5601 EsRtpon Boulavard 

Ricnmond. Virginia 23231 

'•-I (804) 222-3034 

Fa«:(ftW) 226-2330 

FAA 

DaUac. TX 

11425 Maihis, SuiledOO 

Farrrwre Branch, TK 7523d 

Tel: (972)910-8811 

Fax: (9T2) 9i0-aa.1fl 

+ DMS 

Chicago. IL 

140 Eoulh Prfifiadfl Drivt 

Romeovi[|i^, IL GO^dH 

Tel:(015)83fl-O'j:;J6 

Tax (ai5)fl:iH ioo7 

2)002/009 

Lo<3 Angeles. CA 

106OO Shoemakwr Avenue. Unil D 

Santa Fft Sprinijs. CA 90&70 

Tal: ib«:?>941-£'630 

Ffli (562)9^1-2927 

w'ww.dryla'; com 

May 5, 2011 

Hearing Docket 

Federal Aviation Administration 

AGC-400 

Room 2014 

600 independence Ave.. SW 

Washington, DC 20591 

RE: FAA Case Number 2010SO700233 

To Whom It May Concern: 

Please consider this a written request for a hearing regarding the assessed civil penalty 

proposed in the final notice of proposed civil penalty letter dated April 19, 2011. 

If you have any questions I can be reached at one of the following: 

Email; timfador(a}drvtac. com 

Phone. 804-545-9204 

Sincerely 

•:i.-,v JiiV l ' 

!AY - 6 LJ \ 

>T- ! -' • ( ..t::M;-,LTim Rader 

Vice PresidentyFinance 

Drytac Corporation 

Cc: Gerald A. Ellis 

Regional Council 

Southern Region 

U.S. Dept. of Transportation 

FAA 

1701 Columbia Ave. 

College Park, GA 30337 
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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVLATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Dryiac Corporation 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

'I'hc Federal Aviation Administration (FAA), by counsel, hereby liles its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows; 

I. 

L On April 19, 2011, Respondent, Diytac Corporation was advised through a Final 

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

of $60,000. On May 5, 2011, the Agency Attorney received a written request for a hearing from 

the Respondent, 

11 

2. On or about April 15, 2010, Drytac Corporation (hereinafter "Dryiac") knowingly 

offered to United Parcel Service ("UPS") a one-piece ^pment consisting of a fibcrboard box 

containing hazardous materials for transportation by air ("shipment''). 

3. The above-mentioned shipment was assigned UPS 2"*" Day Air tracking 

number/air waybill IZ 383 47E 02 5728 6906. The shipment was offered by Drytac 

Corporation, for transportation to the consignee, 739 Canal St., New Orleans, Louisiana 70130, 

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

accompanied by a Shipper's Certification or Declaration of Dangerous Goods. 
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5. On or about April 15, 2010, the above-mentioned shipment was flown on a 

regularly scheduled UPS cargo flight in air transportation to the UPS sort facility in Louisville^ 

Kentucky. 

6. On or about April 15, 2010, ground-handling personnel at the UPS sort facility 

discovered the above-mentioned shipment leaking and exhibiting a stain. 

7. The above-mentioned fibcrboard box contained an inner box labeled with a 

'*Class 3, Flammable Liquid" label and marked "Isopropanol UN1219", which in tum contained 

a 1-gallon plastic bottle of "Humco"^" Isopropol Alcohol" (with screw-top lids). 

8. Further investigation showed that approximately '/= gallon of the above-described 

materia] had leaked into and through both fiberboard containers. 

9. (a) "Humco"^*^ Isopropol AlcohoP' is classified as a hazardous material under 

the Department of Transportation Hazardous Materials Regulations (HMR) (49 CF.R. 

§ 172.101). 

(b) The proper shipping name of the material is "Humco^" Isopropol 

Alcohol". Tl is in Hazard Class 3 (Flammable Liquid), Packing Group II, and has an assigned 

identification number of UN 1219. The proper label is FLAMMABLE LIQUID. 

10. Drytac 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, 

(0 the number and type of packages containing hazardous material. 

11. Drytac 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 IIMR (49 C.F.R, §§ 

171, et seg.) 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 hi duplicate; and. 
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(c) add to the certification required in this section the following statement: 

"1 declare that all of the apphcable air transport requirements have 

been met." 

12. Drytac offered the above-de.<;cribed 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 not marked with standard orientation markings (as 

prescribed in 49 C.F.R. § 172.312(a)) on two opposite vertical sides of the package with the 

arrows pointing in the correct upright direction; and 

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

13- Drytac offered the above-de.scribcd 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. 

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

transportation by air and tailed 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. 

15. Dryiac 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. 

16. Drytac 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. 

17. Drytac offered the above-described shipment for transportation by air and failed 

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

tightly and effectively by positive means. 

18. Drytac offered the above-described shipment of liquid hazardous materials for 

transportation by air and failed to use an authorized combination packaging for its transportation. 
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III. 

19. By reason of the above, Drytac Corporation violated the following Department of 

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

1. Section 171.2(e) in that Drytac 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. 

2. Sections 172,200(a) and 172.202(a)(1) in that Drytac 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. 

3. Sections 172.200(a) and 172.202(a)(2) in that Drytac 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. 

4. Sections 172.200(a) and 172.202(a)(3) in that Drytac otfered a hazardous material 

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

hazard CIHSS or division number prescribed for the material as shown in Column 3 of the § 

172.101 Table. 

5. Sections 172.200(a) and 172.202(a)(4) in that Drytac offered a hazardou.s 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 Column 5 of the 

§ 172.101 Table. 

6. Sections 172,200(a) and 172,202(a)(6) in that Diytac offered a hazardous material 

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

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

of the § 172.101 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. 

7. Sections 172.200(a) and I72,202(a)(7) in that E)rytac 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''). 

8. Sections 172.204(a) or (c)(1) in that Drytac 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 tlie certifications set forth in this part. 
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9. Section 172,204(c)(2) in that Drytac 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. 

10. Section 172.204(c)(3) m that Drytac offered for transportation by air a hazanious 

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." 

11. Section 172.301(a) in that Ehytac 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 ^TJN" or "NA", as appropriate) for the material as shown in 

the §172.101 table. 

12. Sections 172.300(a) and 172.312(a)(2) in that Drytac offered a non-bulk 

combination package having inner packagings containing liquid hazardous material for 

transportation and failed to legibly mark the outer package with package orientation markings 

that conform pictorially to ISO Standard 780-1895, on two opposite vertical sides of the package 

with the arrows pointing in the correct upright direction. 

13. Section 172.400(a) in that Drytac 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. 

14. Section 172.600(c)(1) in that Drytac 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. 

15. Section 172.600(c)(2) in that Drytac 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. 

16. Section 172.702(a) in that Drytac olTered 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. 

17. Section 173.24(b)(1) in that Drytac 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. 
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18. Section I73,27(d) in that Drytac offered a package for transportation by air failed 

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

cftcctively 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 lemperatuTe. 

19. Section 173.202 in that Drytac offered for transportation a package containing 

liquid hazardous material in Packing Group II when §172.101 of this subchapter specified that it 

be packaged under this section and failed to use non-bulk packagings prescribed in this section 

conforming to the general packaging requirements of subpart B of part 173, to the requirements 

of part 178 of this subchapter at the Packing Group I or II performance level (unless otherwise 

excepted), and to the requirements of the special provisions of Column 7 of the §172.101 Table. 

20. Pursuant to 49 U.S.C. Section 5123(a), Drytac Corporation is subject to a civil 

penalty not lower than S250 ($450 for training-related violations), nor greater than $50,000 

($100,000 if death, serious illness, severe injury, or substantial property damage results), for each 

violation of the Department of Transportation Hazardous Materials Regulations. 

21. Under the facts and circtimstances of this case, a civil penalty of $60,000 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfiilly requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in tlie amount of $60,000. 

This amount include.-; consideration of respondent's ability lo pay and the corrective action it 

implemented as a result of the above allegations. 

Respectfully submitted this f^n ^ c i day of May, 2011. 

GE] 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR 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. 
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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 (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Tim Rader, Vice-President 

Drytac, Inc. 

53S3GlenAlden,Dr. 

Richmond, VA 23231 

fc^ 

Y/M^ MCDOWELL 

LegM-Assistant 

Office of the Regional Counsel 

WYIS gpll 

Dated