U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southern Region 

Office of the Regional Counsel 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl 000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

P.O. Box 20636 

Atlanta, Georgia 30320 

( 404) 305-5200 

(404) 305-5223 FAX 

RECEIVED 

JUN 2 9 2015 

HEARING DOCKET 

c9.0/"5~ 13C23 

Re: In the Matter ofReagecon Diagnostics Ltd. FAA Case No. 2013S0700292 

Enclosed herewith please find a copy of a 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 matter be held in the Louisville, Kentucky area, and 

expects that the hearing will last two days. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

'4~T~- CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATIONR E c E \ v ED 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Reagecon Diagnostics Ltd. 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

JUN 2 9 20\5 

HEARING DOCKET 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the 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 of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of$11,000. On June 15,2015, the Agency Attorney received a written request for a 

hearing from the Respondent. 

II. 

2. On or about May 3, 2013, Reagecon Diagnostics Ltd (Reagecon) knowingly 

offered to DHL Express (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 DHL tracking number/air waybill 

number 61508385440 for international air service. The shipment was offered by Reagecon for 

transportation to the consignee, Life Technologies, US21 Warehouse, Building F, 6055 Sunol 

Boulevard, Pleasanton, CA 94566, 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 of the above-mentioned shipment leaking. 
6. The above-mentioned leaking fiberboard box contained Tricholoroacetic Acid, 

Dichloromethane Solution. Further investigation showed that approximately 4 ounces of the acid 

had leaked into and through the fiberboard container. 

7. (a) TricholoroaceticAcid, Dichloromethane Solution is classified as a 

hazardous material under the Department of Transportation Hazardous Materials Regulations 

(HMR) (49 C.P.R.§ 172.101). 

(b) The proper shipping name of the material is Corrosive Liquids, Toxic, 

n.o.s. It is in Hazard Class 8 (Corrosives), Packing Group III, and has an assigned identification 

number of UN 2922. The proper label is CORROSNE. 

8. Reagecon 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 enviromnent. 

III. 

By reason of the above Reagecon Diagnostics Ltd. violated the following Department of 

Transportation Hazardous Materials Regulations (Title 49 of the Code of Federal 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 by applicable 

requirements of this subchapter, or an exemption, approval, or registration issued under this 

subchapter or under subchapter A of this chapter. 

2. Section 173.24(b)(l) in that Reagecon 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. 

3. Section 173.24(f)(l) in that Reagecon failed to use a package which had closures 

so designed and closed that under conditions (including the effects of temperature and vibration) 

normally incident to transportation, (i) there would be no identifiable release of hazardous 

materials to the environment from the opening to which the closure was applied, and (ii) the 

closure would be 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 

outer packaging under 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 of the § 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 performance requirements in Subpart E of this part. 

Pursuant to 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 of Transportation Hazardous Materials Regulations. 

Under the facts and circumstances of this case, a civil penalty of $11,000 is appropriate. 

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

enter an order that Respondent be assessed a civil penalty in the amount of $11,000 . 

....... 1-A__ \ Respectfully submitted this L- day of J __,....... .e.. , 2015. 

CHRISTOPHER R. STEVENSON 

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. 
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 

FAA, AGC-430, Suite 2Wl 000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

President 

Reagecon Diagnostics Ltd. 

Unit 21 to 23 Bay F 

Shannon Free Zone 

County Clare 

Ireland 

~llt0:2 ~ ~iltOJ.t A 

DONNA E.TANLEY I 

Legal Assistant 

Office of the Regional Counsel 

2 4 2015 

Dated 

(original + 1 copy) 

\_.lUi\! ? Ll 

(Registered Mail ·- · ) 
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 of your 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