April23, 2013

FederalAviationAdministration 600IndependenceAvenue**sv~r** WilburWrightBuilding S11ite 2W1000 Washington,DC 20591 Attention: HearingDocket Clerk, AGC-430 Ref: Case2012S0700278
ToWhomitMay Concern: 

# RECEIVED APR21t 

## 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 cometo a resolvepriortothehearingdate. Cordially,

Natividad R. Elias President

CC :AndreaMichelle Harper, AttorneyOffice oftheRegional Counsel (404)305-5200

SENTVIAFEDERAL EXPRESS #8010 5669 2671

3555 N.W. 4PT Street, Miami, Florida 33142- Telephone: (305) 633-7900- Fax: (305) 633-7666U.S. Department ofTransportation Federal Aviation Administration

REGULARMAIL AND Southern Region Office of the Regional Counsel

CERTIFIED MAIL- RETURNRECEIPT 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 ofinvestigation, including the letter ofNatty 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) containinghazardous materials for transportationby air. 2. The shipment, assigned FedEx air waybill 871205015943, was offered by Healthtex for International Economytransportation to Caguas, Puerto Rico. 3. At all times mentioned herein, the shipment was not accompanied by a Shipper's CertificationorDeclaration ofDangerous 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 ofMimitos Baby Cologne, an 8-ounce spray bottle ofMimi/as Violets Cologne, and an 8-ouncebottle ofBabynen 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 ofeachproduct described in paragraph 6 is Perfumery Perfumery products (with flammable solvents). Itis in Hazard Class 3, PackingGroup III, and has an assigned identification number ofUN1266. The proper label is FLAMMABLELIQUID. 8. Healthtex offeredthe shipment ofhazardous material for transportation by air without shippingpapers that included: (a) the assigned identificationnumberprescribed for each material; (b) the proper shippingname prescribedfor each material; (c) the hazard class prescribedfor eachmaterial; (d) the packing group prescribedfor each material; (e) the totalnet mass perpackage; and (f) the number andtype ofpackages. 9. Healthtex offered the shipment ofhazardous material for transportationby air and failed to: (a) certify thatthe materials were in accordance withthe HMR (49 C.F.R. §§ 171, et**~.)by** printingthe certification setforth in§ 172.204(a) or § 172.204(c)(1) ofthe HMR; (b) prepare the required certifications in duplicate; and (c) add the following statementto the certification: " I declare that all ofthe applicable airtransportrequirements have been met." 10. Healthtex offeredthe shipment ofhazardous materials for transportationby air and failed to: (a) mark the outer container with the proper shipping name ofeach hazardous material contained therein; (b) mark the outer container with the assigned identification number ofeach hazardous material containedtherein; (c) mark the outer container with standard orientationmarkings; and (d) affix a FLAMMABLE LIQUIDlabel to the outercontainer. 11. Healthtex offered the shipment ofhazardous materials for transportation by air and failed to provide emergency response information. §172.602{b)(3)

2}

12. Healthtex offered the shipment ofhazardous 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 wasproperly trained. §172.704(a)(l), (a)(2) a11d (a)(3) 14. Healthtex offered the shipment ofhazardous materials for transportationby air and failed to use an authorized packaging for its transportation.
15. By reason ofthe above, Healthtex violated the following Departmentof TransportationHazardous Materials Regulations (Title 49 ofthe Code ofFederal 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 ofthe § 172.10I Table, inthe mannerrequiredby 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 mannerrequired 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 ofthe § 172.10I Table, in the mannerrequired 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 ofthe 

### § 172.101 Table, ifany, ofthe 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

3material on the shipping papers, including the total net mass, per package, in the mannerrequired 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 ofthe package). (h) Section 172.204(a) or (c)(!) inthat Healthtex offered a hazardous material for transportation and failed to certifythatthe material was offered for transportation in accordance withthis subchapterby printing on the shippingpaper containing the required shipping description one ofthe certifications setforth in this part. (i) Section 172.204(c)(2) in that Healthtex offered ahazardous material to an aircraft operatorfor transportationby air and failed to provide two copies ofthe certificationrequired inthis section. U) Section 172.204(c)(3) in that Healthtex offered for transportationby air a hazardous material authorized for air transportation and failed to add to the certificationrequired inthis sectionthe following statement: " I declare that ail of**L~e** applicable airtransportrequirements have been met." (k) Section 172.301(a) inthat Healthtex offeredfor transportation ahazardous 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 ofliquidhazardous material with closures upward. (m) Section 172.400(a) in that Healthtex offered for transportation ahazardous 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, orthe TDG

4Regulations, 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 ofthe hazardous material on the shipping paper withthe 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 ofthis subchapter and to enable the employee to recognize and identifY hazardous materials consistentwith the hazard communication standards ofthis 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 ofthis subchapter which were specifically applicable to the functions the employeeperformed. (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 §172.10I 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 ofpart 178 ofthis subchapter at the Packing Group I, II orIII performance level, and to the requirements of the special provisions of Column 7 ofthe §172.101 Table.

5In accordance with Section 5123(a) ofTitle 49 ofthe United States Code (Transportation) (49 U.S.C. § 5123(a)), Healthtex is liable for a civil penalty ofnot less than $250 ($450 for training violations), nor greater than $50,000 ($100,000 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 informationon Healthtex's options in responding to this Notice. The options include participating in an informal conference with an FAA attorney, and submission ofinformation 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. IfHealthtex 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 MICHELLEHARP. R Attorney Office ofthe Regional Coun el Enclosures: Information Sheet Reply Form FAR 13.16 and Subpart GofPart 13

6CERTIFICATE OF SERVICE I hereby certify thatthe foregoing Notice ofProposed CivilPenalty has been sentby certified mail and regular mailto: President Healthtex Distributors, Inc. 3555 NW41st Street Miami, FL 33147

# ~~D~~ Program Analyst 

### JAN 2 ::i 

### .£9\J Dated

7February 15, 2013

Office ofthe Regional Counsel FederalAviation Administration PO Box 20636 Atlanta, GA 30320 Ref: Case 201250700278
DearSir or Madam:
In response to the penaltyof$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 trulyfeel the circumstances do no warrantthe penalty amount imposed:
1. Be assured, this was an isolated incident where the individual preparingthe shipmentanditspaperworkwas filling infor 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 withoutintentionwill costthecompanygreathardships. 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. Uponyour offices request, we immediatelycontactedMs. 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 behalfwould be strictlyfrom unknowingness, never from unwillingness to comply.
Our history ofrecords with anyand all agencies will showourstrictmode 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 minoritycustomers ofthe Hispanic market.

3555 N.W. 41" Street, Miami, Florida 33142- Telephone: (305) 633-7900 ·Fax: (305) 633·7666I 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, pleasedo nothesitateto contactme. I trustyour review ofour full cooperation in this matter and compliance with all request and requirements will warrant a great reduction ofthis 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 167000014407 4314

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