07/19/2011 16:44 FAX 2024335142 FAA - OMS 21001/012 

Q 

U S. Department 

of Transportation 

Federal Aviation 

Administration 

^.<90/( 

•••V>l3PORTAilOM,. 

Great Lakes Region 

Regional Counsel. AGL-7 

2300 East Devon Avenue 

Des Plaines. Illinois 60018 

847/294-7109 

OVERNIGHT MAIL 

Federal Avjalion Administralion 

SOO Independence Avenue. S.W. 

Washington. D.C. 20591 

Attn: Htaring Docket Clerk, AGC-430 

Wilbur Wriglu Building - Suite 2W1000 

JUL 1 i 20'^ 

u^f^WUQ DOCKET 

ATTN: MEARrNG DOCKET CLERK ^^^1 1 0 (^ I ^ 

Re; In ihc Marter of D & M Custom Injection Molding Corporation 

FAA Case No. 2U0y-GL-7U-0?14 

Enclosed herein please find a copy of a request for hearing and the origincil and one copy of the 

Federal Aviation Administration's Complaint in tlie above-entitled action for tiling, together with 

proofof service upon the Respondent. 

The FA.^ requests that the hearing in this matter be held in the Chicago area, and expects that the 

hearing will la.sL one day. 

Please address all communications for the Federal Aviation AdininisUallon to the attention of Kate 

Barber, Office of the Regional Counsel, 2300 Fa.st Devon Avenue, Des Plaines, Illinois 60U1&. 

Sincerely. 

.Attorney 

Enclosures 
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U.S. DEPARTMENT OF TR.ANSP0RTAT1ON 

FEDERAL AVIATION ADMINISTRATION J; :.. ^ ' 2GV5 

OFFICE OF HEARINGS „^.. .._ _. ._^ -^^.^y 

WASHINGTON. D.C. V^ii:-''^'^"''^''^'^"' '-''^'''-•^'''"-" • 

In the Matter of D & M Custom Injection Molding Corporation 

2009-GL-70-0314 

Judge Not Assigned 

COMPLADST 

The Federal Aviation .Administration (FAA or Complainant), 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 L 2010, Respondent was advised through aNotice of Proposed Civil Penalty 

that the F.AA proposed to assess a civil penalty in the amount of SI 68,000. On June 7, 2011, a 

Fina! Notice of Proposed Civil Penalty in the amounl of X168,UUU was isstied. On June 16. 201 1. 

Respondent submitted a wrincn request for a hearing. 

II 

1. On or about .-August 13,2009. D & M Plastics Orponuion (TDPC), ollcn^d an undeclared and 

forbidden hazardous materials shipment next day air to Fedcr^al Express (Fed Ex) under air waybill 

(A WB) 86714095292. 

2. The con-signee was RLT>'an Americahic. (T^AF). 5550 Nicollet Ave., Minneapolis, MN 55419. 

3. TTie shipment was ttcinsported on llighi #1718, from Indianapolis IntemaLional Airpon (IND). to 

.Minneapolis-St. Paul International Airport (MSP). 
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4. Upon arrival at MSP, on August 14,2009. the Fed Ex flight crew reported a car^o fire warning 

light that appeared during landing. The crew discharged the lirr suppression agent and ta\ied to the 

Fed Ex gale. Tlie MSP Fire Department responded and extinguished the fire tliat was disco^'crcd in 

an LD3 container. 

5. After an investigation it was discovered the fire started in a Unit Load E)evice and was caused by 

the shipment under air u-aybill (AWB) 86714095292. 

6. The shipment under AW B 86714095292 was a 5 piece shipment containing 

approximately 2000 Runyan Rapp E-Mysticks. Each E-Mystick contained 1.5ml of a 

Class 3 flammable liquid, .Mcohols. n.o.s., LrN 1987, Packing Group Tfl, and a Primary 

Lithium Battery Device. 

7. The material within the shipment is classified as hazardous materials under Section 

172.101 of the Ha/.ardous Materials Regulations. The proper shipping name is Lithium metal 

batteries contained in equipment, UN 3091, Class 9, Packing Group U. 'Fhese hazardous materials 

shipments were not declared, packaged, marked or labeled as containing hazaixlous materiak. 

8. The Primary Lithium Battery attained in die E-Mysiick weighed 19g. 'llic E-My.sLick is a 

forbidden material that may not be transponed by air. 

9. There were no markings or labels on any of the packages to indicate that the}' contained ha2ardou.s 

materials or lithium batteries. 

10. The shipping paper was marked "no" in response to the que.<;tion, "T)oes the shipment ct >niain 

dangerous goods". 

11. DPC olTercd the above-described hazardous material for transportation in air commerce 

and it was not properly labeled or marked. 

12. DPC offered the above-described ha7.ardous material for transportation in air commerce 

and it was not properiy packaged. 
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13. D?C offered the above-described hazardous material for tran.sportation in air commerce 

without proper «;hipping papers;. 

14. DPC olTered the above-described hazardous matonal for transportation in air commerce 

without a certification that the material is olTered for transportation in accordance \^"ith 

prescribed regulatioris15. DPC offered the above-described hazardous material far transportation in air commerce 

without marking the package with the proper shipping name and identification number. 

16. DPC offered the above-described hazardoiis material for transportation in air commerce 

without the emergency response information, including the emergency respon^^e 

telephone number 

17. DPC otTered the above-described hazardous material for transportation in air commerce 

when they did not properly train their hazmat employees in accordance with the 

requirements of the har.ardous materials regalavii^ns. 

18. DPC offered the above-described hazardous material for transportation in air commerce 

when they did not properly package the shipment in packagings that were designed and 

constructed to prevent leakage thai may be caased by changes in altitude and temperature 

during transportation aboard aircraft. 

19. DPC offered the above-described hazardous material for tran.sponation in air commerce 

when the haziirdous material was forbidden. 
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III 

By reason of the foregoing facts and circumsianccs, D & M violated the follo^ving section(s) of the 

Department of Transportation Hazardous Materials Regulations: 

(a) 49 CFR §171.2(e), which states in relevant part that, no person may offer or 

accept a hajiirdous materia! for transportation in commerce unless the hazardous material is 

properly classed, described, packaged, marked, labeled, and in condition for shipment as required 

or authorized by applicable requirements of this subchapter or an exemption or special permit, 

approval, or registration issued under this subchapter or subchapter A of this chapter. 

(b) 49 CFR § 172.200(a), which states in relevant part thai, each person who offers a 

hazardous material for air transportation must describe that hazardous material on the .shippmg 

paper as required. 

(c) 49 CFR § 172.204(a). which stales in relevant part that, each person thai fillers a 

hazardous material for air tran.sportation shall certify* that the material is offered for 

transportation in accordance with prescribed regulations. 

(d) 49 CFR § 172.301(a), which stales in relevant port, each person who offers a 

ha7iirdous material for transportation in non-bulk packaging must mark the package with the 

proper shipping name and identification number (preceded by L^N or NA. as appropriate) Ibr the 

material as shown in the § 1 72.101 Table. 

(e) 49 CFR § 172.400(a). which states in relevant part that, each person wh(> offers 

for air transportation or transports a hazardous material, shall label the package or containment 

device with labels specified for the material in the § 1 72.101 Table. 
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(0 49 CFR § 172.600(c)(2), which states in relevant pan, no person to whom this 

subpart applies may offer for transportation, accept for transportation, transfer, store or otherwise 

handle during transportation in a hazardous material unless: emergency response infonmaiion, 

including the emergency response telephone number, required by this subpart is immediately 

available to any person who, as a representative of a Federal State of Local government agency, 

responds lo an incident involving a hazardous material, or is conducting an investigation which 

involves hazardous material. 

(g) 49 CFR § 172.702(a), which slates in relevant part, a ha::mat employer shall 

ensure that each of its hazmat employees is trained in accordance with the requirements 

prescribed in this subpart. 

(h) 49 CFR ^ 172. 101(h), which slates in relevant part, ihal Column 7 specifies codes 

ior special provisions applicable to hazardous materials. WTien Column 7 refers to a special 

provision for a hazardous material, the meaning and requirements of that special provision are as 

set fonh in §172.102 of this subpart. 

(i) 49 CFR § 172. .SI2(a)(2), which states in relevant part, that except as provided in 

this section, each non-bulk combination package having inner packagings containing liquid 

hazardous materials, single packaging fitted with vents, or open cr>'ogenic receptacle intended for 

the trajisport of refrigerated liquefied gases must be: (2) legibly marked with package orientation 

markings that are similar to the illustration shown in this paragraph, on two oppo.site vertical 

sides of the package with the arrows pointing in the correct upright direction. The arrows must be 

either black or red on white or other suitable contrasting background and commensurate with the 

size of the package. Depicting a rectangular border around the arrows is optional. 

(j) 49 CFR § 173.1(b). which states in relevant part that, a shipment of hazardous 

materials that is not prepared in accordance with this subchapter may not be offered t'or 

transportation by air. 
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(k) 49 CFR § 173.21(c), which states in relevant part that, unless otherwise provided 

in this Subchapter, the otTering for transportation or transportation of the following is f<-irbidden: 

(c) electrical devices, such as batteries aiid battery-powered devices, which are likely to create 

sparks or generate a dangerous evolution of heat, unless packaged in a manner which precludes 

such an occiurence. 

(1) 49 CFR § 173.24(b)(1), which states in relevant part that, each package used for 

the shipment of ha7.ardous materials under this subchapter shall be designed, constructed, 

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

to transportation (1) except as otherwise provided in this subchapter, there will be no identifiable 

(without the use of instruments) release of hazardous materials to the environment. 

(m) 49 CFR § 173-27(c)(l), which states m relevant part that, packagings must be 

designed and constructed to prevent leakage that may be caused by changes in altitude and 

temperature during transportation aboard aircraft. 

iV 

1. Pursuant to 49 U.S.C. §5123. Respondent is subject to a civil penalt>' of at least S250 (S450 for 

training violations), but not more than $50,000 for each of the violations alleged. 

2. Under the facts and cu-cumsianccs of this case, a civil penalty nf 5168,000 is appropriate. 
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WHEREFORE, the F/VA. by counsel, respectfijlly requests that the Administrative Law 

Judge enter an order assessing D & M a civil penaltv' in the amount of S163.000. 

Respectfully submitted. 

Lttomey 

Federal Aviation Administralion 

2300 East Devon Avenue, AGL-7B 

Des Plaincs, Illinois 60018 

847/294-7862 

Fax: 847/294-7498 

NOTE: 

The Rules of Practice for this proceeding arc set forth in Part 13, Subpart G, of the 

Federal Avjarion Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent mu.st file a written aniiwer to this 

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

date shown on the Certificate of Senice. A general denial is deemed a failure to file an 

answer (Section 13.209(e)). 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint ha.s sent via Overnight Mail as follovvs: 

Overnight Mail Michael Teofilovich 

President 

D & M Custom Injection Molding Corp. 

d/b/a D & M Plastics Coporation 

150 French Road 

Buriington,lL 60109 

Overnight Mail 

(Original & One Copy) 

Federal Aviation Administration 

800 Independence Avenue. S.W. 

Wilbur Wright Building, Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-4J O 

Date: mt^M^ ^idrndiiMd^ 

^txU ?, £>0« 

Yolanda(5uiles 

Lega technician 

Federal Aviation Administration 

Office of Regional Counsel 

2300 Ea.st Devon Avenue, AGL- 7 

Des Plaines, Illinois 60018 
07/19/201 1 16:45 FAX 2024935142 FAA - OMS 010/01 2 

June 16, 2011 

Hearing Docket 

Federal Aviation AdmiDistration 

SOO Independence Avenoe S^^V. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430 

Wybur Wright Building 

Suite 21W1000 

To the Clerk: 

We are in receipt of your letter, dated June 7. 2011. 

Please be advised that D&M Custom Ii^ection Moldings Corp., dba D&M 

Plastics Corporation, hereby requests a fonnal hearing with respect to AGL-7B, 2009-

GL-70-0314 . in accordance with Section 13.16 of the Federal Aviation Regulations (14 

CFR. 13.16). 

We will present evidence at the hearing with respect to the mirigating feoors that 

wc believe w»rnant a significantly reduced penalty in accordance with the regulations. 

Please advise us of the time and place of the hearing and, we assume, that such 

notice will allow us the appropriate time to notify our witnesses and properly prepare our 

appropnate evidence. 

Thank you. 

Sincerely, 

Michael Teofilovich 

President 

D&M Custom Injection Molding Corporation 

Dba as D&M Plastics Corporation 

150 French Road 

Burlington, IL 60109 

Copy: Kate Barber 

US Department of Transportation 

Federal Aviation Administration 

Great Lakes Region 

2300 East Devon Avenue 

Des Plaines, IL 60018 
07/19/2011 1G:4S FAX 2024935142 FAA - DMS 2)011/012 

U.S. DEPARTTvlENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON- D.C. 

In the Matter of D & M Cusiom Injection Molding Corporation 

2009-GL-70^031 4 

Judgie Not Assigned 

NOTICE OF APPEAR ANCh 

Complainant- Federal Aviation Administration, hereby notifies the United States Department of 

Transportation, Office of Hearings, and the Respondent, pursuant to 14 C.F.R, §13.204(hi, thai it shall be 

represented in the abuvc-.stated action by dit; following attorney: 

Kate Barber 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue. AGL-7B 

Des Plaincs Illinois 60018 

847/204-7109 

Fax: 847/294-7498 

All ciimmuniciitions. notices, pleadings or documents arc respectfully requested to be torwardt^d as follLm'sKate Barber 

Federal Aviation Administration 

OfTicc of Regional Counstt 

2300 East Devon Avenue, AGL-7F1 

DesPlamesJllinois60U18 

84'?/294-7fi62 

Fax 847/294-7498 

Respectfully submitted. 

D^icd. 6 7M 
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rFRTInrATF.OFSERVlCF. 

I hereby certify' that on this day copies of the foregoing Notice of Appearance were sent Overnight 

Mail as follows: 

Ovemijiht Mail Michael Teofilovich 

President 

D & M Custom Injection Molding Corp. 

d/b/a D& M Plaiiic Corporation 

Burlington. JL 60109 

OveiTiight Mail 

(Original and one Copy) 

Fedeml Aviation Administration 

800 Independence Avenue, S.W. 

Attn: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building. Suite 2W1000 

Washinuton. D.C. 20591 

0..e: A/Mi-4f: 

[AA-'6,^II 

Yola/iaa Quilcs f 

LcgaFfechnician 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue. AGL-7 

Des Plaines. Illinois: 60018 

10