April23, 2013 

Federal Aviation Administration 

600 Independence Avenue sv~r 

Wilbur Wright Building 

S11ite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Ref: Case 2012S0700278 

To Whom it May Concern: 

RECEIVED 

APR 21t 1!013 

HEARING DOCKET 

!n 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, 

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. 4PT Street, Miami, Florida 33142- Telephone: (305) 633-7900- Fax: (305) 633-7666 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

REGULAR MAIL AND 

Southern Region 

Office of the Regional Counsel 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

President 

Healthtex Distributors, Inc. 

3555 NW 41st Street 

Miami,FL 33147 

Re: FAA Case No. 201280700278 

NOTICE OF PROPOSED CIVIL PENALTY 

P. 0. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

( 404) 305-5223 FAX 

Based on a report of investigation, including the letter of Natty R. Elias dated July 25, 2012, it 

appears that: 

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 I contained, in part, an 8-

ounce spray bottle of Mimitos Baby Cologne, an 8-ounce spray bottle of Mimi/as 

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

6. Mimi/as Baby Cologne, Mimitos Violets Cologne, and Baby nen Cologne are 

classified as a hazardous material tmder 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.F.R. §§ 

171, et ~.)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) 

2 
} 

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) a11d (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 !72.200(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 Colmnn 4 of the § 172.10 I 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 § 172.10 I 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 

3 
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)(!) 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. 

U) 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 ail of L~e applicable air transport requirements have been 

met." 

(k) Section 172.301(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)(1) in that Healthtex offered a nonbulk combination package having inner packagings containing liquid 

hazardous materials for transportation and failed to properly pack the 

package ofliquid 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 172.602(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 

4 
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 § 172.10 I 

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 1 73, 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. 

5 
In accordance with Section 5123(a) of Title 49 of the United States Code (Transportation) (49 

U.S.C. § 5123(a)), Healthtex is liable for a civil penalty of not less than $250 ($450 for training 

violations), nor greater than $50,000 ($1 00,000 if death, serious illness, severe injury, or 

substantial property damage results), for each violation of the Department of Transportation 

Hazardous Materials Regulations. After reviewing our investigative file, we propose to assess a 

civil penalty in the amount of $40,500 for these violations. 

Enclosed is information on Healthtex's options in responding to this Notice. The options include 

participating in an informal conference with an FAA attorney, and submission of information to 

the FAA for consideration. Healthtex must submit, in writing, its choice of the alternatives 

explained on the enclosed information form, on or before 30 days after Healthtex receives this 

Notice. If Healthtex fails to submit its choice within that time, Healthtex will have no further 

right to participate in the informal procedures. 

EDDIE L. THOMAS 

REG~O COUNSEL 

By: f1 1...1£,.+-1'1 

AND MICHELLE HARP. R 

Attorney 

Office of the Regional Coun el 

Enclosures: Information Sheet 

Reply Form 

FAR 13.16 and Subpart G of Part 13 

6 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Notice of Proposed Civil Penalty has been sent by certified 

mail and regular mail to: 

President 

Healthtex Distributors, Inc. 

3555 NW 41st Street 

Miami, FL 33147 

~~D~~ Program Analyst 

JAN 2 ::i .£9\J 

Dated 

7 
February 15, 2013 

Office of the Regional Counsel 

Federal Aviation Administration 

PO Box 20636 

Atlanta, GA 30320 

Ref: Case 201250700278 

Dear Sir or Madam: 

In response to the penalty of $40,500 on the above referenced case, we'd 

like to bring the following important factors to mind, as well as, our full 

and immediate actions of compliance and correspondence, for which 

reason we truly feel the circumstances do no warrant the penalty amount 

imposed: 

1. Be assured, this was an isolated incident where the individual 

preparing the shipment and its paperwork was filling in for our 

receptionist. Our receptionist is fully aware of the rules and 

regulations of shipping hazardous products. Most times, 

employees want to help and cooperate; yet, unfortunately in 

doing so, they may make a mistake which unknowingly and 

without intention will cost the company great hardships. 

2. Upon the notification to us of this infraction, we immediately 

cooperated and corresponded with your agents Ms. Danielle 

Rezendes and Mr. Rafael Murcia in your Miami Security Field 

Office. 

3. Upon your offices request, we immediately contacted Ms. Sonia 

lrusta, President of Hazardous Material Compliance, Inc, and 

signed and registered for the Multimodal Basic Compliance 

Training. Certificates of completion in the training were 

provided to Mr. Murcia in your Miami office. 

We are a small, minority company, barely making ends meet in these 

rough years facing financial struggles and instabilities; however, be 

assured we do take care and pride to operate in compliance with all laws: 

federal, county, city, etc. Any infraction committed on our behalf would 

be strictly from unknowingness, never from unwillingness to comply. 

Our history of records with any and all agencies will show our strict mode 

of compliance in all aspects, as well as, our professionalism for which 

reason main retailers, such as Wal-Mart, Costco, and others are willing to 

give Healthtex an opportunity to work with them and provide product 

and service to their minority customers of the Hispanic market. 

3555 N.W. 41" Street, Miami, Florida 33142- Telephone: (305) 633-7900 ·Fax: (305) 633·7666 
I realize your federal department must contact thousands of companies 

daily on the infractions committed, for which reason it is clearly 

impossible to know the details of each company and I felt it was 

important to explain the specifics on this isolated case and at least a little 

bit about my company. If there is anything further I may assist with, 

please do not hesitate to contact me. 

I trust your review of our full cooperation in this matter and compliance 

with all request and requirements will warrant a great reduction of this 

penalty and be lowered to the minimum penalty of $250 on this sincerely 

unintended infraction. I truly appreciate your time in reviewing the 

circumstances of our particular case and thank you in advance for your 

consideration. 

Cordially, 

>c~ dCLd__)J?_fo ~ Natividad R. Elias 

President 

CERTIFIED MAIL 

RETURN RECEIPT REQUESTED 

#7010 1670 00014407 4314 

Pos\rnt:trl\ 

He1e j 

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