### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASIDNGTON, D.C. 

### 1 /!


## EARING DOCKET
InThe Matter Of: REAGECON DIAGNOSTICS LTD. Respondent. DocketNo. FAA-2015-1323 Judge J.E. Sullivan
FAA Case No. 2013S0700292
MOTION TO DISMISS REQUEST FORHEARING AND MOTION TO SUSPEND RULE16CONFERENCE The parties in matter executed a settlement agreement on September 9, 2015. See 

### Exhibit 

### A. Pursuant to that settlement agreement, Respondent paid a civil penalty, and the FAA issued a final Order imposing this penalty and closing the FAA's case. See 

### Exhibit B1; see also 

### Exhibit C (USPS registered mail tracking information for delivery to Respondent's president and Respondent's designated representative). The final step of the settlement agreement called for Respondent to withdraw its request for hearing in this matter, and would do so within 10 business days. Exhibit A 

### "if 3. However, as ofthis date, Respondenthas notwithdrawn its request for a hearing, and this matter remains open. Under the settlement agreement between the parties, Respondent is precluded from maintaining this appeal. Accordingly, the FAA hereby moves that the Judge dismiss the request for hearing andterminate this case. Additionally, a Rule 16 scheduling conference is currently scheduled for December 8, 2015, with scheduling proposals due one week prior to that date. As this case has been settled,

1 Verification ofRespondent's payment ofa civil penalty wouldrequire inclusion ofdocuments with potentially confidential fmancial information. As it appears unlikely to be disputed that Respondent has paid the penalty, the undersigned has not attachedthis evidence to this Motion. Itwill be made available ifthe Judge deems it necessary. 1

### and is due to be terminated, holding that conference, and requmng scheduling plans for discussion at that conference, would not serve any meaningful purpose. Accordingly, the FAA hereby requests that the Rule 16 conference be indefinitely postponed while the Judge rules on the instant Motionto Dismiss
. 

# .rV\ Respectfully submitted



# thisL~- day ofNovember, 2015.



# 4~--~----- CHRISTOPHERR. STEVENSON Attorney Office ofthe ChiefCounsel EnforcementDivision, Southern Team

2CERTIFICATE OF SERVICE I hereby certifythatthe foregoing Motionto Dismiss was sent: original and one copyvia certifiedmail to: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Suite 2W1000
one copy via certifiedmail and facsimile to: The Honorable J.E. Sullivan Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, SE (Ell-310) Washington, DC 20590 facsimile: (202) 366-7536 and one copyviaregistered mail and facsimile to: DonFoynes Reagecon Diagnostics, Ltd. ShannonFree Zone County Clare Ireland Facsimile: +353 61 472 642



## iNOV 2[0 

## 20l5j Dated



### 3**S~::ITLEMENT** AGREEMENT This Settlement Agreement is n1ade and entered into by and between the Federa:l Aviation**Admini~trution** ("fAA") and Reagccon Diagnostics Ltd. ("Respondent") (collectively, "cl1c pmties"), with regards to FAA EJR No. 2013$0700292. WHEREAS, the FAA issued a**Noti~e** ofProposeJ Civil Penalty on May 6, 2014, and a Final Notice ofProposed Civil Penalty on May 20, 20 15; WHEREAS, the Respondent on June I0, 2015, requested a hearing on the allegations set forth in the Notice and Final Notice; WHEREAS, d1is matter is currently beft>r<l a Department of Transportation Administrative Law Judge in DocketNo. f AA-2015-1 }23; WHEREAS, ihe fAA and**Rospond~J\t** believe it to be intheir mutual best interests to resolve this case atthis time; NOWTHEREFORE, the FAA and Respondentagree as follows: l. The Respondent agrees to f>ay the lump 51Jm ofEight Titousand ($8,000) in full settlement ofthis matter. This is areduction ofthe $11,000 penalty originally proposed. Payment will be made to Hfedetttl Aviation**Adrninistratio~l}'** This paymeJit wit! be made within ten (JO) business days ofthe date t>fthis agreement, 2. Aftenhe.$8,000 payment has been processed, the FAA will within ten (10) business days issue an Order Assessing Civil Penalty. This Order wiO contain the same fuctual and legal allegations us the Final Notice, butwill reflect the reduced penalty agreed npon, and thatthis matter is closed, :l. Afterthe Order Assessing Civil I'enaltyhas been received, the Respondent will within ron (10) business days widtdraw its request for ahearing. 4, Respondentwaives any further right it may have t<) appeal Of request ahearing with fegards to the matters raised in the Notice, Final Notice, or Or<Jor. 5. Respondentdoes not admit the validity ofthe allegations in the Notice or FinalNotice. However, Respondent is awarethat the Order issued as a result ofthis settlement agrcemem will constitute afinding ofviolation underthe Federa·l Aviation Regulations. 6. Eachparty will bear its own costs, ifany, that arose as aresultofthis matter, Respondellt agrees notto initiateany titigation ttnderany 1·egulato-ry .or statutory prevision to collect any tees or costs it may have incurred. 7. Respondent waJvcs any potentia! causes ofaction against the FAA and its employees and agents" i.n theiro-fficia! or persona.! capacities} arising out ofthis matter.

GOVERNMENT EXHIBIT 

# fr•

8, This document accurately reflects the- terms ofthe settlen1ent betw-een the parties and is bir!dingon them, 9, The FAA and the Respondentceltify tl1at this agreement is a free and voluntary act oft he parties, suppmte<l bygood and valuai:lle eonsid<wation for both parties. 10, The patties agree that facsimile orpdfsignatmes and copies oflhisdocument shall have the same effect asan or1g_inal. ll, Thedate ofthis agreement shall be the date ofthe last signatu!'ehereto,



# «~A-. Christopher Stevenson Attomey Officeofthe ChiefCounsel, Enforcement Division -Southern Team Federal Aviation Administration 

# 1:::.1:::.1£ DateU.S. 

### Department ofTransportation Federal Aviation Administration 

## 22 Office ofthe ChiefCounsel

**Bl5.Q1;i:!l'!~J;L~::!L\Il,:1\I;TUK!::l** 

### RECEIPT REQUESTJ;.Q & 

### REQ1Jld:\.R

### MAIL President Reagecon Diagnostics Ltd. Unit 21 to 23 Bay F 

### Shannon Free Zone County Clare Ireland 

### Don Foynes Commercial Direc•tor Reagccon Diagnostics Ltd. Unit 21 to 

### 23 Bay F Shannon

### Free Zone 

### County Clare Ireland

### Re: Reagecon Diagnostics Ltd,

### ElR 

### No. 201380700292 

### ORilER ASSESSING CIVIL PF:NALTY Enforcement 

### Division SouthernTeam 1701 Columbia Avenue College Park, GA 30337



### The Federal Aviation Administration (FAA) notified Reagecon Diagnostics Ltd. (Reagecon) through 

### a Notice ofPmposed Civil Penalty dated May 6, 2014 and a Final Notice of Proposed Civil 

### Penalty dated May 

### 20, 2015, that the FAA 

### proposed to assess a civil penaliy 

### in the amount of 

### $11,000 for Rcagecon's alleged violations of the Depnrtment uf

### Transportation Haz;:mlous Materials Regulations. A. settlement has been reached between Rcagecon and the FAA. This Order 

### is issued to reflect the terms 

### and conditions of

### the settlement rc11ched by the parties. After 

### considering all of

### the information presently 

### part ofthis 

### pmceeding, including infilrmation provided 

### by Reagceon during an 

### informal conference, FAA has 

### determined that: 

### 1. ()nor 

### about May 3, 20I3. Re<!gecon DiagnostksLtd (Reagecon) knowingly offered to DIIL Express (DHS) a one hundred and twenty·onc (121) p.iece shipment consisting of spedficatinn t1bt'fhoard boxes containing hazardous materials for trtatsportation 

### hy air. 2. The above-mentioned shipmeni was assigned DHL tracking number/air 

### waybill number 61508385440 international air service. The shipment was offered 

### by Reagecon for

### transp()!tation to the consignee, Life 

### Technologies, US2J Warehouse, Building F, 6055 Sunol Boulevard, Pleasanton, CA94566, lJnited

### States. 3. The shipment was flow11 viaaregularly scheduled DHL cargo flight to the DHL sort 

### facility inErlanger, Kentucky. 4. On 

### or about May 6, 

## :w1.3, ground-handling personnel at the DHL sort tacility in Erlanger, Kentucky discovered one piece ofthe above-mentioned shipment leaking. 5. The ahove.mentioned leaking fiberboard box contained 'lricholoroaeelie Ac.id, 2



### Dichloromethane Solution. Further investigation showed that approximately 4

### ounces oftheacid had leaked into and through the 

### fiberboard container. 6. (a) 

### Tricboloroacelic Acid, Dichlorometha.ne Solution is 

### classified as

### a hazardous material under the Department ofTransportation Hazardous Materials Regulations (HMR)(49 C.FR. § 172101). (h) 111e 

### prover shipping name ofthe material is 

### Corrosive Liquids, 'I(lxic, n.o.s. lt

### is inHazard Clliss 8 {Corrosives), Packing Group III, and has an assigned id'-''ntification number ofUN 2922. 

### The proper label is 

### CORROSIVE. 7. Reagecon offered the above-described shipment ofhazardousmaterial for transportation by 

### air when the packaging was not designed, constructed, maintained, filled, 

### .its contents so limited, a11d closed, so 

### that under conditions nonnally incident to transportation, there would be no identifiable rel.ease ofhazm:dous material to the environment. By reason ofthe foregoing, Reagecon failed to comply with the following Department of Transportation Haz.ardous Materials Regnlations: (a) 

### 49 C.F.R. § !7L2(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 orauthorized by applicable requirements ofthissubchapter, or an exemption, approval, orregistration issued under this subchapteror under suh6hapterAofthischapter. (b) 49 C.F.R. 

### § l73.24(h)(l) inthat Rcagecon thlled to use a package which was designed, constructed, maintained, filled, its 

### contents so limited, and closed, so that

### under conditions nonnally incident to transportatiou, there would he no idcnliilable (willtoot the use ofinstruments) release ofhazardous material to the environment. (c) 49 

### C.F.R. § !73.24(f)(l)in

### that Reagecon failed to use a 

### package which had closures 

### so designed aud closed that under conditions (including the 

### eflects of temperature and vibration) normally incident to transportation, (i) 

### there would be no identiilable ofha:tltrdol!S 

### materials to the environment from !heopening to which the closure was applied, and (ii) the closure would be secure and leakproof. 3

(d) 49 C.F.R. 

### § l73.24a(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 !be outer**pa,~kaging** under c.onditions normally incident to transportation. (c) 49 

### C.F.R. 

### § J73.27(d){2) in that Reagecon tailed to ensure that the body and closure ofany packaging must be constructed to be able to adequately resist the eticcts oftemperature and vibration occurring in conditions nnnnally incirknt to air transportation. IT JS HlEREFORE ORDERED, pursuant to 49 U.S.C. § 5!23(a), that Rcageeon is assessed a civil penalty in the amount of $8,000 for these violations. The FAA acknowledges that this penalty has been paid. This matter is now closed. Peter

### J. Lynch AssistantChiefCounsel for Enforcement 

### By: Attomey Enfhrccment Division, Southern Team 1701 Columbia Avenue, College Park, GA 30337 email: chris.stevenson(dlfaa,f!ov Telephone: (404) 305-5200 (main) (404) 305-5208 (direct) (404) 305-5223 (facsimile)4 

### CERTIFlCATE OF SERVICE l 

### certify that the tbrcgoing Order Assessing Civil Penalty in FAA Case No, 20lJS07()()292 has been sent this date via Regular Mail and RegisteredMail (return receiptrequested) to: President Reagecon Diagnostics

### LtcL Unit21 to 23 Bay F Shannon Free Zone CountyClare Ireland Don Foynes Commercial Director Reagecon DiagnosticsLtd. Unit 21 to 23 BayF Shannon Free Zone County Clare Ireland

# ~' l**~~~:~~~ ~~~~~-** 



### DatedEnglish Customer Service USPS Mobile



### ~USPS.COM" 

## USPS Tracking®

Tracking Number: RE627883924US


### Product & Tracking Information Postal Product: Features: Registered MailTM DATE& TIME STATUS OF ITEM LOCATION October 2, 2015,9:56 am Delivered IRELAND
Your item was delivewd in IRELAND al856 am on October 2, 2015.
October 1, 2015 , 7:59pm October 1, 2015 ,7:59pm September30, 2015 , 8:07 am September29, 2015 ,7:46 pm September29, 2015,4:03 pm September29, 2015,9:31 am September29, 2015,9:28 am September25, 2015 ,2:51 am September24, 2015 , 8:33 am Seplember24, 2015 , 7:58 am September23, 2015 , 10:04 pm Processed Through Sort Facility Customs clearance processing complete Departed Departed
Arrived Processed Through Sort Facility Arrived at Sort Facility
Arrived at USPS Facility Departed USPS Facility
Arrived at USPS Facility
Arrived at USPS Facility


### Track Another Package Tracking (or receipt) number IRELAND
IRELAND Dublin, IRELAND Newark, UNITED STATES Newark, UNITED STATES ISC NEWYORK NY(USPS) ISC NEWYORK NY(USPS) ATLANTA, GA30369 ATLANTA, GA30320 ATLANTA, GA 30320 ATLANTA, GA30304

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## (_English Customer Service USPS Mobile 

# illUSPS.COM" USPS Tracking®

Tracking Number. RE627883915US


### Product & 

### Tracking Information Postal Product: Features: Registered MailrM
DATE & TIME STATUS OF ITEM LOCATION October 2, 2015,9:56 am Delivered IRELAND
Your item was delivered in IRELAND at 9:56am on October2, 2015.
October 1, 2015,7:59 pm
October 1, 2015,7:59 pm September3D, 2015,8:07 am September29, 2015, 7:46 pm September29, 2015,4:03 pm September29, 2015 , 9:31 am September29, 2015,9:28 am September25, 2015 , 2:51 am September24,2015,8:33 am September24, 2015 ,7:59 am September23, 2015,10:05 pm Customs clearance processing complete Processed Through Sort Facility Departed Departed
Arrived Processed Through Sort Facility Arrived at Sort Facility
Arrived at USPS Facility Departed USPS Facility
Arrived at USPS Facility
Arrived at USPS Facility


### Track Another Package Tracking (or receipt) number IRELAND
IRELAND Dublin, IRELAND Newark, UNITED STATES Newark, UNITED STATES
ISC NEWYORK NY{USPS) ISC NEWYORK NY(USPS) ATLANTA, GA30369 ATLANTA, GA30320 ATLANTA, GA30320 ATLANTA, GA 30304

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