U.S. Department ofTransportation Federal Aviation Administration Southern Region Office of the Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 WilburWright Building 800 Independence Avenue, SW Washington, DC 20591 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

# RECEIVED JUN 292015 

## HEARING DOCKET

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# 3C23

Re: In the Matter ofReagecon Diagnostics Ltd. FAA Case No. 2013S0700292 Enclosed herewithplease find a copy ofa request for hearing and the original and one copy of the Complaint in the above-referenced proceeding. The FAA requests that the hearing in this matterbeheld in the Louisville, Kentucky area, and expects that thehearing will last two days. Please address all communications for the FAA to the undersigned, at: Federal Aviation Administration Officeofthe Regional Counsel, ASO-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223.

# '4~T~- CHRISTOPHERR. STEVENSON Attorney Office ofthe Regional Counsel

EnclosuresU.S. DEPARTMENT OFTRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATIONR

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FEDERALAVIATION ADMINISTRATION, Complainant,

vs. Reagecon Diagnostics Ltd. Respondent.

JUDGE NOT YET ASSIGNED FAA DocketNo. Judge

COMPLAINT 

## JUN 2920\5 

## HEARING DOCKET

The Federal Aviation Administration (FAA), bycounsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 1. On May 20,2015, Respondent, Reagecon Diagnostics Ltd. was advised through a Final Notice ofProposed Civil Penaltythat the FAAproposed to assess a civil penalty inthe amount of$11,000. On June 15,2015, the AgencyAttorneyreceived a written request for a hearing from the Respondent. II. 2. On or about May3, 2013, Reagecon Diagnostics Ltd (Reagecon) knowingly offered to DHLExpress (DHS) a one hundred and twenty-one (121) piece shipment consisting of specification fiberboard boxes containing hazardous materials for transportation by air. 3. The above-mentioned shipment was assigned DHLtracking number/air waybill number 61508385440 for international air service. The shipment was offeredbyReagecon for transportation to the consignee, Life Technologies, US21 Warehouse, Building F, 6055 Sunol Boulevard, Pleasanton, CA94566, United States. 4. The shipment was flown via a regularly scheduled DHL cargo flight to the DHL sort facility in Erlanger, Kentucky. 5. On or about May 6, 2013, ground-handling personnel at the DHL sort facility in Erlanger, Kentucky discovered one piece ofthe above-mentioned shipment leaking.

### 6. The above-mentioned leaking fiberboard box contained TricholoroaceticAcid, Dichloromethane Solution. Further investigation showed that approximately 4 ounces ofthe acid had leaked into and through the fiberboard container. 7. (a) TricholoroaceticAcid, Dichloromethane Solution is classified as a hazardous material under the Department ofTransportation Hazardous Materials Regulations (HMR) (49 C.P.R.§ 172.101). (b) The proper shipping name ofthe material is Corrosive Liquids, Toxic, n.o.s. It

### is in 

### Hazard Class 8 (Corrosives), Packing Group III, and has an assigned identification number ofUN 2922. The proper label is CORROSNE. 8. Reagecon offered the above-described shipment ofhazardous 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 beno identifiable release ofhazardous material to the enviromnent.

III. 

### Byreason ofthe above Reagecon Diagnostics Ltd. violated the following Department of Transportation Hazardous Materials Regulations (Title 49 ofthe Code ofFederal Regulations): 1. Section 171.2(e) in that Reagecon 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 byapplicable requirements ofthis subchapter, or an exemption, approval, orregistration issued under this subchapter orunder subchapterAofthis chapter. 2. Section 173.24(b)(l) in that Reagecon failed to use apackage 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 ofhazardous material to the environment. 3. Section 173.24(f)(l) in that Reagecon failed to use apackage which had closures so designed and closed that under conditions (including the effects oftemperature and vibration) normally incident to transportation, (i) 

### there wouldbeno identifiable release ofhazardous materials to the environment from the opening to whichthe closure was applied, and (ii) the closure wouldbe secure and leakproof. 4. Section 173.24a(a)(3) in that Reagecon failed to pack, secure and cushion the inner packaging so as to prevent its breakage or leakage and to control its shifting within the outerpackagingunder conditions normally incident to transportation.5. Section 173.27(a) in that Reagecon failed to ensure that, notwithstanding any Packing Group III performance level specified in Column 5 ofthe §172.101 Table, the required performance level for packages containing class 4, 5, or 8 materials, when offered or intended for transportation aboard aircraft, was at the Packing Group II performance level, unless otherwise excepted from performancerequirements in Subpart E ofthis part. Pursuantto 49 U.S.C. Section 5123(a), Reagecon Diagnostics Ltd. is subject to a civil penalty not lower than $250 ($450 for training-related violations), nor greater than $75,000 ($175,000 if death, serious illness, severe injury, or substantial property damage results), for each violation of the Department ofTransportation Hazardous Materials Regulations. Under the facts and circumstances ofthis case, a civil penalty of$11,000 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests thatthe Administrative Law Judge enter an order that Respondent be assessed a civil penaltyinthe amount of$11,000

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### ....... 1-A__ \ Respectfully submitted this L- day of 

### J __,....... 

## .e.. ,2015.

CHRISTOPHER R. STEVENSON Attorney Office ofthe Regional Counsel

PLEASE NOTE: Pursuantto Title 14 CFR Section 13.209(a), you are required to file a written answer to this Complaint, or a written Motion to Dismiss ifappropriate, not later than 30 days after the date shown on the Certificate ofService which follows.CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complaint has beenmailed this date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 WilburWright Building 800 Independence Avenue, SW Washington, DC 20591 President Reagecon Diagnostics Ltd. Unit 21 to 23 BayF ShannonFree Zone County Clare Ireland

# ~llt0:2**~ ~iltOJ.t**  A DONNA E.TANLEY 

### I Legal Assistant Office ofthe Regional Counsel 

## 24 2015 Dated (original 

### + 1 copy)

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# Reageccfn

Reogecon Diagnostics limited. Shannon Free Zone_ Shannon. Co. Clore. Ireland T: +353 61 472 622 F: +353 61 472 642 • E: soles:greagecon.le GlOtJP D,rectocs: J J Barron [Mor;ogir>gj· J P O'KeAHe J_G Born:m: D.N. foyne\ Company Regktratlon No_ 3026Xl \/AT Re-gistration No IE 6322620 F Registered Ollke: Reg>llered -n oeloC>d 'NW'N.reagecon.com Registered Mail: Hearing Docket Clerk Federal Aviation Administration, 800 Independence Avenue SW, Wilbur Wright Building, Suite 2W1000, Washington DC 20591 USA Case No. 201350700292


## Final Notice of Proposed Civil Penalty 10'h June 2015

Following our own review ofyour letter of May 20'h 2015 received here by myself, Don Foynes on June 2"d 2015, we request a hearing on the above case. We look forward to your confirmation of this hearing by writing and please address these notices to the undersigned. Yours Sincerely

# ~q~ Don Foynes (Ext:630) Commercial Director Tel: +353 (0)61472622 (Ext: 630) Fax: +353 (0)61472642 Mobile: +353 (0)86 284 3899 Copy by Registered Mail to Christopher R. Stevenson Attorney,**'~I** AI I]; NSAI Certified