# 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 17 2015 

## HEARING DOCKET

10'h June 2015

Following our O"'fn review ofyour letterof 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 ofthis 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 CertifiedSouthern Region

# RECEIVED JUN 17 2015 HFARING DOCKET ' .

# ---- U.s: Department ofTransportation 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 BayF 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 ofProposed Civil Penalty that the FAA proposed to assess a civil penalty inthe amount of$11,000. After considering all the evidence in this matter, it appears that: I. On orabout May 3, 2013, Reagecon Diagnostics Ltd (Reagecon) knowingly offered to DHLExpress (DHS) a onehundred and twenty-one (121) piece shipment consisting of specification fiberboard boxes containinghazardous materials for transportationbyair. 2. The above-mentioned shipment was assigned DHLtracking number/airwaybill number 61508385440 for international air service. The shipment was offered byReagecon for transportation to the consignee, Life Technologies, US21 Warehouse, BuildingF, 6055 Sunol Boulevard, Pleasanton, CA 94566, United States. 3. The shipment was flown via aregularly scheduled DHLcargo flight to the DHL sort facility inErlanger, Kentucky. 4. · On orabout May 6, 2013, ground-handling personnel at the DHL sort facility in Erlanger, Kentucky discovered onepiece ofthe above-mentioned shipment leaking. 5. The above-mentioned leaking fiberboard box contained TricholoroaceticAcid, Dichloromethane Solution. Furtherinvestigation showed that approximately 4 ounces ofthe acid had leaked into and through the fiberboard container.6. (a) TricholoroaceticAcid, Dichloromethane Solution is classified as a hazardous material under the Department ofTransportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 172.101). (b) Theproper shipping name ofthe material is Corrosive Liquids, Toxic, n.o.s. Itis inHazard Class 8 (Corrosives), Packing Group lii, and has an assigned identification number ofUN 2922. Theproper label is CORROSIVE. 7. Reagecon offered the above-described shipment ofhazardous material for transportation byair whenthepackagingwas not designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normallyincident to transportation, there wouldbeno identifiable release ofhazardous material to the environment. As a result, you violated the following sections of the Department of Transportation Hazardous Materials Regulations (Title 49 ofthe Code ofFederal Regulations):
1. Section 171.2(e) in that Reagecon offered ortransported 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 authorizedbyapplicable requirements ofthis subchapter, or an exemption, approval, orregistration issued under this subchapter or under subchapterAofthis chapter. 2. Section 173.24(b)(1) inthat Reagecon failed to use a package which was designed, constructed, maintained, filled, its contents so limited, and closed, so thatunder conditions normally incidentto transportation, there would be no identifiable (without the use of instruments) release ofhazardous material to the environment. 3. Section 173.24(f)(l) in that Reagecon failed to use apackage which had closures so designed and closed that under conditions (including the effects oftemperature and vibration) normallyincident to transportation, (i) there would be no identifiablerelease ofhazardous materials to the environment from the opening to which the closure was applied, and (ii) the closure wouldbe secure and leakproof. 4. Section 173.24a(a)(3) inthat Reagecon failed to pack, secure and cushion the innerpackaging so as to prevent its breakage orleakage and to control its shifting withinthe outer packaging tmder conditions normallyincident 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 ofthe §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 performancerequirements in Subpart E ofthis 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 ofviolator] is liable for a civil penalty ofnot Jess than $250 ($450 for training violations), nor greater than $75,000 ($175,000 ifdeath, serious illness, severe injury, or substantial property damageresults), for each violation oftheregulations. After reviewing our investigative file, we propose to assess a civil penalty in the amount of $11,000 for these violations. Unless you mail orpersonally 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, youmust paythe 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 (ifdelivery 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 (ifdelivery 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 ofProposed Civil Penalty (14 C.F.R. §13.16). You maypaythe proposed penaltyby submitting a certified check ormoney order payable to the "Federal Aviation Administration" to theundersigned. RANDY ELLEN HYMAN REGIONAL COUNSEL
BY: CHRISTOPHER R. STEVENSON Attorney Office ofthe 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 BayF Shannon Free Zone County Clare Ireland

# ~&.~ DONNA E. STANLEY Legal Assistant Office ofthe Regional Counsel**~** j**~'** t IVih"i 

### 20 2015 Dated