Reagecflln 

Reogecon Diagnostics Limited. Shannon Free Zone, Shannon, Co. Clore, Ireland 

T: +353 61 472 622 F: +353 61 472 642 E: sales@reogecon.ie 

Gro~p Drreclor5: J.J. Barro"11Monc.glllg) J P O'Kec-tfe: J G Borcon: D.N f'oyr.es, 

Company Regi51rotlon No. 302620 VAT Reghlrallon No. IE 6322620 ~ Reglslered Office: Regi;;t.;o,-e.:l ;,-, relond 

www.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 

RECEIVED 

JUN 1 7 2015 

HEARING DOCKET 

10'h June 2015 

Following our O"'fn review of your letter of May 20'h 2015 received here by myself, Don Foynes on June 2"' 

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 Si~erely 

![A IN"'\ ·.:)v ~ 

Don Foynes (Ext:630) 

Commercial Director 

Tel: . +353 {0)6147262~ (Ext: 630) 

Fax: +353 (0)61472642 

Mobile: +353 {0)86 284 3899 

Copy by Registered Mail to Christopher R. Stevenson 

Attorney, 

Q· .. c\11 I Y 

NSAI Certified 
Southern Region 

RECEIVED 

JUN 17 2015 

HFARING DOCKET ' . ---- U.s: Department 

of Transportation Office of the Regional Counsel 

P.O. Box 2.0636 

Atlanta, Georgia 3032.0 

Federal Aviation 

Administration 

,,., 20 ,, .. ,.,q - LUI~ 

REGISTERED - RETURN RECEIPT REQUESTED 

& REGULAR MAIL 

President 

Reagecon Diagnostics Ltd. 

Unit 21 to 23 Bay F 

Shannon Free Zone 

County Clare 

Ireland 

(404) 305-52.00 

( 404) 305-52.2.3 FAX 

2013S0700292 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On May 6, 2014, you were advised through a Notice of Proposed Civil Penalty that the FAA 

proposed to assess a civil penalty in the amount of $11,000. 

After considering all the evidence in this matter, it appears that: 

I. 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. 

2. 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. 

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

sort facility in Erlanger, Kentucky. 

4. · 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. 

5. 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. 
6. (a) Tricholoroacetic Acid, Dichloromethane Solution is classified as a 

hazardous material under the Department of Transportation Hazardous Materials Regulations 

(HMR) (49 C.F.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 lii, and has an assigned identification 

number of UN 2922. The proper label is CORROSIVE. 

7. 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 environment. 

As a result, you violated the following sections of the 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 )(1) 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 tmder 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. 
---------------· 

In accordance with Section 5123(a) of Chapter 51, Title 49 of the United States Code of 

Transportation, 49 U.S.C.§ 5123, [name of violator] is liable for a civil penalty of not Jess than 

$250 ($450 for training violations), nor greater than $75,000 ($175,000 if death, serious illness, 

severe injury, or substantial property damage results), for each violation of the regulations. 

After reviewing our investigative file, we propose to assess a civil penalty in the amount of 

$11,000 for these violations. 

Unless you mail or personally deliver, in writing, your request for a hearing in this matter, on or 

before fifteen (15) days after you receive this Final Notice, we will issue an Order Assessing 

Civil Penalty and you will have no further right to a hearing. If you do not submit a written 

request for a hearing, you must pay the proposed civil penalty. 

Your request for a hearing must be sent to the Federal Aviation Administration, 600 

Independence Avenue SW, Wilbur Wright Building, Suite 2Wl000, Washington, DC 20591, 

Attention: Hearing Docket Clerk, AGC-430 (if delivery is in person or via expedited courier 

service) or Federal Aviation Administration, 800 Independence Avenue SW, Wilbur Wright 

Building, Suite 2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 

(if delivery is via U.S. Mail), and a copy must be sent to the undersigned FAA attorney. Your 

request must be dated and signed, in accordance with section 13.16 of the Federal Aviation 

Regulations, sent to you with the Notice of Proposed Civil Penalty (14 C.F.R. §13.16). 

You may pay the proposed penalty by submitting a certified check or money order payable to the 

"Federal Aviation Administration" to the undersigned. 

RANDY ELLEN HYMAN 

REGIONAL COUNSEL 

BY: 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 
-·· 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Final Notice of Proposed Civil Penalty has been mailed by 

Registered Mail & Regular Mail to: 

President 

Reagecon Diagnostics Ltd. 

Unit 21 to 23 Bay F 

Shannon Free Zone 

County Clare 

Ireland 

DONNA 

~&.~ E. STANLEY 

Legal Assistant 

Office of the Regional Counsel ~ j ~' t 

IVih"i 2 0 2015 

Dated