U.S. Department 

of Transportation 

Federal Aviation 

Administration 

·MAY 8 

Southern Region 

Office of the Regional Counsel 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

P.O. Box 2.0636 

Atlanta, Georgia 3032.0 

(404) 305-5200 

(404) 305-5223 FAX 

Re: In the Matter ofHealthtex Distributors, Inc., FAA Case No. 2012S0700278 

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 Miami, Florida 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 the Regional Counsel, AS0-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

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

Sincerely, . 

~'.4/1~'1/WA 

ANDREA MICHELL 

Attorney 

Office of the Regional Counsel 

Enclosures 

RECE\VED 

MAY 1 4 2013 

H!ARiNG DOCKET 
Apri\23, 2013 

Federal Aviation Administration 

600 Independence Avenue SW 

Wilbur Wright Building 

Suite 2W1000 

Wa~hington, DC ~0591 

Attention: Hearing Docket Clerk, AGC-43 0 

Ref: Case 201250700278 

To Whom it May Concern: 

APR 2 6 2013 

'" 

In view that we continue to dialogue with your council, we would like to 

request a hearing on the above referenced case and trust this matter will 

come to a resolve prior to the hearing date. 

Cordially, 

'y; ( C /.J~J G 

/(__~~do~~~~ 

Natividad R. Elias 

President 

CC : Andrea Michelle Harper, 

Attorney Office of the Regional Counsel (404)305-5200 

SENT VIA FEDERAL EXPRESS 

#8010 5669 2671 

3555 N.W. 4P' Street, Miami, Florida 33142- Telephone: (305) 633-7900- Fax: (305) 633-7666 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

HEAL THTEX DISTRIBUTORS, INC. 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

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

Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as follows: 

I. 

I. On or about June 12, 2012, Healthtex Distributors, Inc. (Healthtex) knowingly 

offered to Federal Express (FedEx) two non-specification fiberboard boxes 

(shipment) containing hazardous materials for transportation by air. 

2. The shipment, assigned FedEx air waybill 871205015943, was offered by 

Healthtex for International Economy transportation to Caguas, Puerto Rico. 

3. At all times mentioned herein, the shipment was not accompanied by a Shipper's 

Certification or Declaration of Dangerous Goods. 

4. On or about June 12, 2012, ground-handling personnel at the FedEx sort facility 

in Miami, Florida discovered the shipment. 

5. One of the fiberboard boxes described in paragraph 1 contained, in part, an 8-

ounce spray bottle of Mimitos Baby Cologne, an 8-ounce spray bottle of Mimitos 

Violets Cologne, and an 8-ounce bottle of Baby nen Cologne. 

6. Mimitos Baby Cologne, Mimitos Violets Cologne, and Baby nen Cologne are 

classified as a hazardous material under the Department of Transportation 

Hazardous Materials Regulations (HMR) (49 C.P.R.§ 172.101). 
7. The proper shipping name of each product described in paragraph 6 is Perfumery 

Perfumery products (with flammable solvents). It is in Hazard Class 3, Packing 

Group III, and has an assigned identification number of UN1266. The proper 

label is FLAMMABLE LIQUID. 

8. Healthtex offered the shipment of hazardous material for transportation by air 

without shipping papers that included: 

(a) the assigned identification number prescribed for each material; 

(b) the proper shipping name prescribed for each material; 

(c) the hazard class prescribed for each material; 

(d) the packing group prescribed for each material; 

(e) the total net mass per package; and 

(f) the number and type of packages. 

9. Healthtex offered the shipment of hazardous material for transportation by air and 

failed to: 

(a) certify that the materials were in accordance with the HMR (49 C.P.R.§§ 

171, et seq.) by printing the certification set forth in§ 172.204(a) or § 

172.204(c)(1) of the HMR; 

(b) prepare the required certifications in duplicate; and 

(c) add the following statement to the certification: 

" I declare that all of the applicable air transport requirements have been 

met." 

10. Healthtex offered the shipment of hazardous materials for transportation by air 

and failed to: 

(a) mark the outer container with the proper shipping name of each hazardous 

material contained therein; 

(b) mark the outer container with the assigned identification number of each 

hazardous material contained therein; 

(c) mark the outer container with standard orientation markings; and 

(d) affix a FLAMMABLE LIQUID label to the outer container. 

11. Healthtex offered the shipment of hazardous materials for transportation by air 

and failed to provide emergency response information. §172.602(b)(3) 
12. Healthtex offered the shipment of hazardous materials for transportation by air 

and failed to provide an emergency response telephone number. §172.604(a)(3) 

13. Healthtex offered the shipment of hazardous materials for transportation by air 

and failed to ensure that the hazmat employee responsible for preparing the 

shipment was properly trained. §172. 704(a)(l), (a)(2) and (a)(3) 

14. Healthtex offered the shipment of hazardous materials for transportation by air 

and failed to use an authorized packaging for its transportation. 

15. By reason of the above, Healthtex violated the following Department of 

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

Regulations): 

(a) Section 171.2(e) in that Healthtex 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. 

(b) Sections 172.200(a) and 172.202(a)(l) in that Healthtex offered a 

hazardous material for transportation and failed to describe the hazardous 

material on the 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. 

(c) Sections 172.200(a) and 172.202(a)(2) in that Healthtex offered a 

hazardous material for transportation and failed to describe the hazardous 

material on the shipping papers, including the proper shipping name 

prescribed for the material in Column 2 of the §172.101 Table, in the 

manner required by this subpart. 

(d) Sections 172.200(a) and 172.202(a)(3) in that Healthtex offered a 

hazardous material for transportation and failed to describe the hazardous 

material on the shipping papers, including the hazard class or division 

prescribed for the material as shown in Column 3 of the§ 172.101 Table, 

in the manner required by this subpart. 

(e) Sections 172.200(a) and 172.202(a)(4) in that Healthtex 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. 
(f) Sections 172.200(a) and 172.202(a)(6) in that Healthtex offered a 

hazardous material for transportation and failed to describe the hazardous 

material on the shipping papers, including the total net mass, per package, 

in the manner required by this subpart. 

(g) Sections 172.200(a) and 172.202(a)(7) in that Healthtex offered a 

hazardous material for transportation and failed to describe the hazardous 

material on the shipping papers, including the number and type of 

packages (indicated by description of the package). 

(h) Section 172.204(a) or (c)(l) in that Healthtex 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 the 

certifications set forth in this part. 

(i) Section 172.204( c )(2) in that Healthtex 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. 

G) Section 172.204(c)(3) in that Healthtex offered for transportation by air a 

hazardous 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." 

(k) Section 172.30l(a) in that Healthtex 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 "UN" or 

"NA", as appropriate) for the material as shown in the §172.101 table. 

(I) Sections 172.300(a) and 172.312(a)(l) in that Healthtex offered a nonbulk combination package having inner packagings containing liquid 

hazardous materials for transportation and failed to properly pack the 

package of liquid hazardous material with closures upward. 

(m) Section 172.400(a) in that Healthtex 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. 

(n) Sections 172.600 and l72.602(b)(3) in that Healthtex offered for 

transportation a hazardous material and failed to present the emergency 

response information- (i) on a shipping paper; (ii) In a document, other 

than a shipping paper, that includes both the basic description and 

technical name of the hazardous material as required by §§ 172.202 and 
172.203(k), the ICAO Technical Instructions, the IMDG Code, or the 

TDG Regulations, as appropriate, and the emergency response information 

required by this subpart (e.g., a material safety data sheet); or (iii) related 

to the information on a shipping paper, a written notification to pilot-incommand, or a dangerous cargo manifest, in a separate document (e.g., an 

emergency response guidance document), in a manner that crossreferences the description of the hazardous material on the shipping paper 

with the emergency response information contained in the document. 

(o) Section 172.604(a)(3) in that Healthtex offered a hazardous material for 

transportation and failed to provide a 24-hour emergency response 

telephone number which was entered on a shipping paper (i) immediately 

following the description of the hazardous material; or (ii) in a clearly 

visible location. 

(p) Sections 172.702(a) and 172.704(a)(l) in that Healthtex offered a 

hazardous material for transportation and failed to ensure that its hazmat 

employee training included general awareness/familiarity training 

designed to provide familiarity with the requirements of this subchapter 

and to enable the employee to recognize and identify hazardous materials 

consistent with the hazard communication standards of this subchapter. 

(q) Sections 172.702(a) and 172.704(a)(2) in that Healthtex offered a 

hazardous material for transportation and failed to ensure that its hazmat 

employee training included function specific training concerning 

requirements of this subchapter which were specifically applicable to the 

functions the employee performed. 

(r) Sections 172.702(a) and 172.704(a)(3) in that Healthtex offered a 

hazardous material for transportation and failed to ensure that its hazmat 

employee training included safety training concerning - (i) emergency 

response information; (ii) measures to protect the employee from hazards 

associated with hazardous materials to which they may be exposed in the 

work place, including specific measures the hazmat employer has 

implemented to protect employees from exposure; and (iii) methods and 

procedures for avoiding accidents, such as the proper procedure for 

handling packages containing hazardous materials. 

(s) Section 173.203 in that Healthtex offered for transportation a package 

containing liquid hazardous material in Packing Group III 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, II or 

III performance level, and to the requirements of the special provisions of 

Column 7 ofthe §172.101 Table. 
16. Pursuant to 49 U.S. C. Section 5123(a), Healthtex is subject to a civil penalty not 

lower than $250 ($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. 

17. Under the facts and circumstances of this case, a civil penalty of $40,500 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 $40,500. 

Respectfully submitted this _..=.'f_ilt_ day of May, 2013. 

~~ Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CPR 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 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Natividad R. Elias 

President 

Healthtex Distributors, Inc. 

3555 NW 41 Street 

Miami, Florida 33142 

11~~~ Dated 

(original + 1 copy)