U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASIDNGTON, D.C. 

1 /! 

EARING DOCKET 

In The Matter Of: 

REAGECON DIAGNOSTICS LTD. 

Respondent. 

Docket No. FAA-2015-1323 

Judge J.E. Sullivan 

FAA Case No. 2013S0700292 

MOTION TO DISMISS REQUEST FOR HEARING 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 B 1

; 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 However, as of this date, Respondent has not withdrawn its request 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 and terminate 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 of Respondent's payment of a civil penalty would require inclusion of documents with potentially 

confidential fmancial information. As it appears unlikely to be disputed that Respondent has paid the penalty, the 

undersigned has not attached this evidence to this Motion. It will be made available if the 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 Motion to Dismiss . 

.rV\ 

Respectfully submitted thisL~- day ofNovember, 2015. 

4~--~----- CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Chief Counsel 

Enforcement Division, Southern Team 

2 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Motion to Dismiss was sent: 

original and one copy via certified mail to: 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

one copy via certified mail and facsimile to: 

The Honorable J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE (Ell-310) 

Washington, DC 20590 

facsimile: (202) 366-7536 

and one copy via registered mail and facsimile to: 

DonFoynes 

Reagecon Diagnostics, Ltd. 

Shannon Free 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 of ProposeJ Civil Penalty on May 6, 2014, and a 

Final Notice of Proposed Civil Penalty on May 20, 20 15; 

WHEREAS, the Respondent on June I 0, 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 Docket No. f AA-2015-1 }23; 

WHEREAS, ihe fAA and Rospond~J\t believe it to be in their mutual best interests to 

resolve this case at this time; 

NOW THEREFORE, the FAA and Respondent agree as follows: 

l. The Respondent agrees to f>ay the lump 51Jm of Eight Titousand ($8,000) in full 

settlement of this matter. This is a reduction of the $11,000 penalty originally proposed. 

Payment will be made to Hfedetttl Aviation Adrninistratio~l}' This paymeJit wit! be made 

within ten (JO) business days of the date t>f this 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, but will reflect the reduced penalty agreed npon, and 

that this matter is closed, 

:l. After the Order Assessing Civil I'enalty has been received, the Respondent will within 

ron (10) business days widtdraw its request for a hearing. 

4, Respondent waives any further right it may have t<) appeal Of request a hearing with 

fegards to the matters raised in the Notice, Final Notice, or Or<Jor. 

5. Respondent does not admit the validity of the allegations in the Notice or Final Notice. 

However, Respondent is aware that the Order issued as a result of this settlement 

agrcemem will constitute a finding of violation under the Federa·l Aviation Regulations. 

6. Each party will bear its own costs, if any, that arose as a result of this matter, Respondellt 

agrees not to initiate any titigation ttnder any 1·egulato-ry .or statutory prevision to collect 

any tees or costs it may have incurred. 

7. Respondent waJvcs any potentia! causes of action against the FAA and its employees and 

agents" i.n their o-ffici a! or persona.! capacities} arising out of this matter. 

GOVERNMENT 

EXHIBIT 

fr 
• 

8, This document accurately reflects the- terms of the settlen1ent betw-een the parties and is 

bir!ding on them, 

9, The FAA and the Respondent celtify tl1at this agreement is a free and voluntary act oft he 

parties, suppmte<l by good and valuai:lle eonsid<wation for both parties. 

10, The patties agree that facsimile or pdfsignatmes and copies oflhis document shall have 

the same effect as an or1g_inal. 

ll, The date of this agreement shall be the date ofthe last signatu!'e hereto, 

Christopher 

«~A-. Stevenson 

Attomey 

Office of the Chief Counsel, Enforcement Division -Southern Team 

Federal Aviation Administration 

1:::.1:::.1£ 

Date 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

22 

Office of the Chief Counsel 

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 

Southern Team 

1701 Columbia Avenue 

College Park, GA 30337 

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

(Reagecon) through a Notice of Pmposed 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, 20 I 3. Re<!gecon Diagnostks Ltd (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, CA 94566, lJnited States. 

3. The shipment was flow11 via a regularly scheduled DHL cargo flight to the DHL 

sort facility in Erlanger, Kentucky. 

4. On or about May 6, :w 1.3, ground-handling personnel at the DHL sort tacility in 

Erlanger, Kentucky discovered one piece of the 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 ofthe acid 

had leaked into and through the fiberboard container. 

6. (a) Tricboloroacelic Acid, Dichlorometha.ne Solution is classified as a 

hazardous material under the Department of Transportation Hazardous Materials Regulations 

(HMR)(49 C.FR. § 172101). 

(h) 111e prover shipping name of the material is Corrosive Liquids, 'I(lxic, 

n.o.s. lt is in Hazard Clliss 8 {Corrosives), Packing Group III, and has an assigned id'-''ntification 

number of UN 2922. The proper label is CORROSIVE. 

7. 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, 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 of the 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 or authorized by applicable requirements ofthis subchapter, or an 

exemption, approval, or registration issued under this subchapter or under 

suh6hapter A ofthis chapter. 

(b) 49 C.F.R. § l73.24(h)(l) in that 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 of instruments) release of hazardous 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 !he 
opening 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. § J 73.27(d){2) in that Reagecon tailed to ensure that the body and 

closure of any packaging must be constructed to be able to adequately resist the 

eticcts of temperature 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 

Assistant Chief Counsel 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 Registered Mail (return receipt requested) to: 

President 

Reagecon Diagnostics LtcL 

Unit21 to 23 Bay F 

Shannon Free Zone 

County Clare 

Ireland 

Don Foynes 

Commercial Director 

Reagecon Diagnostics Ltd. 

Unit 21 to 23 BayF 

Shannon Free Zone 

County Clare 

Ireland 

~' l 

~~~:~~~ ~~~~~-

Dated 
English 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 

September 30, 2015 , 8:07 

am 

September 29, 2015 , 7:46 

pm 

September29, 2015,4:03 

pm 

September29, 2015,9:31 

am 

September29, 2015,9:28 

am 

September 25, 2015 , 2:51 

am 

September 24, 2015 , 8:33 

am 

Seplember24, 2015 , 7:58 

am 

September 23, 2015 , 10:04 

pm 

Processed Through Sort 

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processing complete 

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IRELAND 

Dublin, IRELAND 

Newark, UNITED STATES 

Newark, UNITED STATES 

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ATLANTA, GA30320 

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GOVERNMENT 

EXHIBIT 

(_ 
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 

September 3D, 2015,8:07 

am 

September 29, 2015, 7:46 

pm 

September29, 2015,4:03 

pm 

September 29, 2015 , 9:31 

am 

September29, 2015,9:28 

am 

September 25, 2015 , 2:51 

am 

September 24,2015,8:33 

am 

September 24, 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 NEW YORK NY{USPS) 

ISC NEW YORK NY(USPS) 

ATLANTA, GA 30369 

ATLANTA, GA 30320 

ATLANTA, GA30320 

ATLANTA, GA 30304 

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