# Snell &

# Wilmer L.L.P. LAW OFFICES Hughes Center 3883 Howard Hughes Parkway Suite 1100 Las Vegas, Nevada 89169-5958 702.784.5200 702.784.5252 (Fax)

www.swlaw.com

Patrick G. Byrne

(702) 784-5201 pbyrne@swlaw.com



### VIAU.S. MAIL Federal AviationAdministration 800 IndependenceAvenue SW Wilbur WrightBuilding Suite 2W1000 WashingtonDC20591 February 5, 2015

Attention: HearingDocket ClerkAGC-430 Re: WebgistixCorporation Dear Sir/Madam: DENVER LAS VEGAS LOSANGELES

LOSCABOS ORANGECOUNTY PHOENIX

RENO SALT LAKE CITY TUCSON



### This firm represents Webgistix Corporation. Pursuant to the letter from Senior Attorney RashawnRich George, dated ofJanuary 22, 2015 (attached), Webgistixherebyrequests a formal hearing onthis matter. Please direct any correspondence regardingthe scheduling ofthe hearing oranyrelated mattersto myattention. Thankyoufor your cooperation.

cc: RashawnRich George SeniorAttorney Office oftheRegionalCounsel

20962767

Snell & Wilmer is a me11lber of Lb:X MUNDl, The Leading Association of Independent Law Firms.U.S. Department ofTransportation Federal Aviation Administration Southern Region Office ofthe Regional Counsel



### CERTIFIED -RETURN

**REQJO:_JJ:LRl~Q.!)JlSTI;:J;>** {£ 

### REGULAR,MAIL Webgistix Corporation Attn: President 127 EastWarm Springs Rd. Las Vegas, NV 89119 and Webgistix Corporation Attn: President 880 Wigwam Parkway Ste. 120 Henderson,NV 89014 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX

2013S070031

FINALNOTICE OF PROPOSED CIVIL PENALTY
On July 8, 2013, you were advised tlnough a Notice ofProposed Civil Penalty that the FAA proposedto assess acivil penalty inthe amountof$63,000.
After considering all the evidence inthis matter, including information submitted atthe informal conference onJuly 23, 2014, itappearsthat:
1. On or about October 15, 2012, Webgistix Corporation (hereinafter Webgistix) knowingly offered to United Parcel Service (UPS) a non-specification fiberboard box(shipment) containinghazardous materials for transportationby air.
2. The above described shipment was offered by Webgistix on behalf of Future HealthTodayLtd. 3. The shipment, assigned UPS tracking number lZ 8E5 A36 12 9133, was offered by Webgistix for 3 Day Select air transportation to Elaine Head, 3525 Turtle CreekBoulevard, lOA, Dallas,TX 75219.
4. At all times mentioned herein, the shipment was not accompanied by a Shipper's Certification orDeclarationofDangerous Goods.

15. On or about October 16,2012, ground-handling personnel atthe UPS sort facility inLouisville, KY discoveredthe shipment leaking. 6. The fiberboard box described in paragraph I contained two (2) 4-ounce plastic bottles ofMMS Original Water Purification Drops. 7. Pmther investigation showed that approximately 2-ounces of the Water Purification Drops had leaked into and through the fiberboard container. 8. Water Purification Drops are classified as a hazardous material under the Department of Transportation Hazardous Materials Regulations (HMR) (49 C.P.R.§ 172.101). 9. The proper shipping name of Water Purification Drops is Sodium Chlorite Solution. It is in Hazard Class 8, Packing Group II, and has an assigned identification munber ofUN1908. Theproper label is CORROSIVE. 10. Webgistix offered the shipment of hazardous material for transportation by air without shipping papers that included: (a) the assignedidentification number prescribed for eachmaterial; (b) the proper shipping nameprescribed for each material; (c) the hazard classprescribedfor eachmaterial; (d) the packing group prescribed for each material; (e) the total net mass perpackage; and (f) the number andtype ofpackages. (g) a statement indicating that the shipment is within the limitations prescribed for eitherpassenger mJd cargo aircraft or cargo aircraftonly. II. Webgistix offered the shipment ofhazardous material for transportation by air and failed to: (a) certify that the materials were in accordance withthe HMR (49 C.P.R.§§ 171, et !illJl..) by printing the certification set forth in § 172.204(a) or § I72.204(c)(l) ofthe HMR; prepare the required certifications induplicate; and (b) add the following statementto the cettification: "I declare that all ofthe applicable air transpmt requirements have been met."



### 212. Webgistix offered the shipment ofhazardous materials for transportation by air andfailed to: (a) mark the outer container withthe proper shipping name ofeach hazardous material containedtherein; (b) mark the outer container with the assigned identification number ofeach hazardousmaterial contained therein; (c) markthe outercontainerwith standard orientationmarkings; and (d) affix a CORROSIVElabel to the outer container. 13. Webgistix offered the shipment ofhazru·dous materials for transportation by air and failed to provide emergency response information. 

### 14. Webgistix offered the shipment ofhazardous materials for transportation by air and failed to provide anemergencyresponse telephone number. 15. Webgistix offered the shipment ofhazardous materials for transportation by air ru1d failed to make the emergency response information available away from the package. 16. Webgistix offered the shipment ofhazardous materials for transportation by air and failed to ensure that the hazmat employee responsible for preparing the shipment was properlytrained. 17. Webgistix offered the shipment ofhazardous materials for trru1sportation by air and failed to instruct each of its officers, agents, and employees having responsibility forpreparing the shipmentasto the applicableregulations. 18. Webgistix offered the shipment ofhazardous materials for transportation by air and failed to package it so there would be no identifiable release ofhazardous material to the environment. 19. Webgistix offered the shipment ofhazardous materials for transportation by air and failed to ensure the closure was secure and leakproof. 20. Webgistix offered the shipment materials of hazardous materials for transportation by air m1d failed to pack, secure, and cushion the package to preventbreakage orleakage. 21. Webgistix offered the shipment ofhazardous materials for trru1sportation by air and failed to use a leakproofliner, plastic bag or other equally efficient means of containment. 22. Webgistix offered the shipment ofhazardous materials for transportation by air and failed to use an authorized packaging for its transportation.
323. By reason of the above, Webgistix violated the following Department of Transportation Hazardous Materials Regulations (Title 49 ofthe Code ofFederal Regulations): (a) Section 171.2( e) in that Webgistix 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 172.200(a) and 172.202(a)(l) in that Webgistix 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 Column 4 ofthe§ 172.101 Table, inthemannerrequiredby this subpart. (c) Sections 172.200(a) and 172.202(a)(2) in that Webgistix 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 mannerrequiredbythis subpart. (d) Sections 172.200(a) and 172.202(a)(3) in that Webgistix 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 Cohlllln 3 ofthe 

### § 172.101 Table, inthemannerrequiredby this subpart. (e) Sections 172.200(a) and 172.202(a)( 4) in that Webgistix 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 

### § 172.10I Table, ifany, ofthe material covered by the description, inthe marmer required by this subpart. 

### (f) Sections 172.200(a) and 172.202(a)(6) in that Webgistix offered a hazardous material for transportation and failed to describe the hazardous material on the shipping papers, including the total net mass, perpackage, inthemallllerrequiredby this subpart. (g) Sections 172.200(a) and 172.202(a)(7) in that Webgistix 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 ofthepackage). (h) Section 172.203(£) in that Webgistix offered a hazardous material for transportation when a statement indicating that the shipment is within the



### 4limitations prescribed for either passenger and cargo aircraft or cargo aircraft only was not entered onthe shippingpaper. (i) Section 172.204(a) or (c)(!) in that Webgistix offered a hazardous material for transportation and failed to certify that tbe material was offered for transportation in accordance with this subchapter by printing on the shipping paper containing tbe required shipping description one of the certifications setforth inthis part. (j) Section 172.204(c)(2) inthat Webgistix offered a hazardous material to an aircraft operator for transportation by air and failed to provide two copies ofthe certificationrequired inthis section. (k) Section 172.204(c)(3) in that Webgistix offered for transportation by air a hazardous material authorized for air transportation and failed to add to the certificationrequired inthis sectionthe following statement: "I declare that all oftbe applicable air transport requirements have been met." (Effective October I. 2006.) (I) Section 172.30l(a) in that Webgistix 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 tbe material as shown in tbe §172.101 table. (m) Sections 172.300(a) and 172.312(a)(l) in tbat Webgistix offered a nonbulk combination package having inner packagings containing liquid hazardous materials for transportation and failed to properly pack the package ofliquidhazardous materialwith closures upward. (n) Sections 172.300(a) and 172.312(a)(2) in tbat Webgistix offered a nonbulk combination package having inner packagings containing liquid hazardous materials for transportation and failed to legibly mark the package with standard orientation mm·kings, ontwo opposite vertical sides ofthe package with the arrows pointing inthe correct upright direction. (o) Sections 172.400 and 172.402(a)(l) in that Webgistix offered for transportation a package containing a hazardous material and failed to label the package witbprimary and subsidiary hazard labels as specified in Column6ofthe §172.101 Table.



### 5(p) Section 172.600(c) in that Webgistix offered for transportation a hazardous material and failed to make the emergency response information immediately available for use at all times the hazardous material was present, and failed to make such information, including an emergency response telephone number, immediately available to any government agency responding to an incident involving hazardous materials or conducting an investigation which involves a hazardous materiaL (q) Sections 172.600 and 172.602(b)(2) in that Webgistix offered for transportation a hazardous material for transportation and failed to make the emergency response information available for use away from the package containing the hazardous materiaL (r) Section 172.604(a)(l) in that Webgistix offered a hazardous material for transportation and failed to provide a 24-hour emergency response telephone number (including the area code or international access code) which was monitored at all times the hazardous material was in transportation, inclnding storage incidental to transportation, for use inthe event ofan emergency involvingthe hazardous materiaL (s) Section 173.\(b) in that Webgistix offered a hazardous material for transportation and failed to follow its duty to instruct each ofits officers, agents, and employees having responsibility for preparing hazardous materials for shipmentas to applicable regulations ofthis subchapter. (t) Section 172.702(a) in that Webgistix offered a hazardous material for transportation and failed to ensure that each ofits hazmat employees was trained in accordance withthe requirements prescribedinthis subpart. (u) Sections 172.702(a) and 172.704(a)(l) in that Webgistix 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 consistent with the hazard communication standards ofthis subchapter. (v) Sections 172.702(a) and 172.704(a)(2) in that Webgistix 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. (w) Sections 172.702(a) and 172.704(a)(3) in that Webgistix 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 tram hazards 6associated 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 containinghazardous materials. (x) Sections 172.702(a) and 172.704(a)(4) in that Webgistix offered a hazardous material for transportation and tailed to ensure that each ofits hazmat employees received training thatprovides an awareness ofsecurity risks associated with hazardous materials transportation and methods designedto enhancetransportation safety, including acomponent covering howto recognize and response to possible security threats. (y) Sections 172.702(a) and 172.704(a)(5) in that Webgistix offered a hazardous material for transportation and failed to ensure that each ofits hazmat employees received training concerning the required security plan and its implementation, including company security objectives, specific securityprocedures, employee responsibilities, actions to take in the event ofa securitybreach, andthe organizational security structure. (z) Section 173.24(b)(l) in that Webgistix 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 wouldbe no identifiable release ofhazardous material to the environment. (aa) Section 173.24(±)(1) in that Webgistix failed to use a package which had closures so designed and closed that under conditions (including the effects oftemperature and vibration) normally incident to transportation, there would be no identifiable release of hazardous materials to the environment from the opening to which the closure was applied and the closure was secure and leakproof. (bb) Section 173.27(a) in that Webgistix offered for transportation aboard aircraft a package containing a Class 8 hazardous material and failed to use packagings conforming to the requirements of part 178 of this subchapter atthe Packing Group IIperformancelevel. (cc) Section 173.27(c) in that Webgistix failed to ensure that the packaging was designed and constructed to prevent leakage that may be caused by changes in altitude andtemperature during transportationaboard aircraft. (dd) Section 173.27(d) in that Webgistix failed to ensure stoppers, corks or other suchfriction-type closures were held securely, tightly and effectively in place by positive means, and that each screw-type closure on any packaging was secured to prevent closure from loosening due to vibration or substantial change intemperature.

7(ee) Section 173.27(e)(3) in that Webgistix offered a package contammg hazardous liquids in Class 3, 4, 5, 6, or 8, in glass, earthenware, plastic or mental inner packagings and failed to use a means ofcontaining the liquid in the form of a leakproof liner, plastic bag or other equally efficient means ofcontainmentinthe event ofleakage. (ft) Section 173.202 in that Webgistix offered for transportation a package containing liquid hazardous material in Packing Group II wben §172.101 of this subchapter specified that it be packaged under this section and failed to use non-bulkpackagings prescribed in this section conforming to the general packaging requirements of subpart B of part 173, to the requirements ofpart 178 ofthis subchapter at the Packing Group I or II performance level (unless otherwise excepted), and to the requirements of the special provisions ofColumn 7 ofthe §172.101 Table.
In accordance with Section 5123(a) of Chapter 51, Title 49 of the United States Code of Transportation, 49 U.S.C.§ 5123, Webgistix is liable for a civil penalty ofnot less than $250 ($450 for training violations), nor greaterthan $75,000 ($175,000 ifdeath, serious illness, severe injury, or substantialproperty damage results), for eachviolation ofthe regulations. After reviewing our investigative file, we propose to assess a civil penalty in the amount of $63,000 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. Ifyou do not submit a wriiten requestfor ahearing, youmust 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, Aitention: Hearing Docket Clerk, AGC-430 (ifdelivery is in person orvia expedited courier service) or Federal Aviation Administration, 

### 800 Independence Avenue SW, Wilbur Wright Building, Suite 2Wl000, 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 youwith theNotice ofProposed Civil Penalty (14 C.P.R. §13.16).

8Youmaypaytheproposedpenaltyby submitting a certified checkormoney orderpayableto the "Federal AviationAdministration" to the undersigned. RANDYELLENHYMAN REGIONAL COUNSEL 

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. JCH GEORtJE SeniorAttomey Office ofthe Regional Counsel



### 9CERTIFICATE OF SERVICE
I hereby certify that the foregoing Final Notice ofProposed Civil Penalty has been mailed by CertifiedMail & RegularMailto: Webgistix Corporation Attn: President 127 Ea§t Warm Springs Rd. Las Vegas,NV 89119 and Webgistix Corporation Attn: President 880 Wigwam Parkway Ste. 120

Dated



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