# Snell & 

# Wilmer

**----L.L.~---­** LAWOFFICES Hughes Center 3883 HowardHughes Parkway Suite 1100 Las Vegas, Nevada89169-5958 702.784.5200 702.784.5252 (Fax)

www.swlaw.com 

# RECE\VED MAR 1020\5 

# HEARING DOCKET

Patrick G. Byrne

(702) 784-5201 pbyrne@swlaw.com 

### March 5, 2015

VIAFEDERAL EXPRESS AND U.S. MAIL Federal Aviation Administration 600 IndependenceAvenue SW Wilbur Wright Building Suite 2W1000 WashingtonDC 20591 Attention: Hearing Docket ClerkAGC-430 Re: Webgistix Corporation Dear Sir/Madam: 

## Oi DENVER LAS VEGAS LOS ANGELES

LOSCABOS ORANGE COUNTY PHOENIX

RENO SALTLAKE CITY TUCSON



### This firm represents Webgistix Corporation. I amwriting to confirmthat Webgistix has timelyrequested a formal hearing onthe above matter. OnFebruary 5, 2015, myclientfiled arequestfor formal hearing. I have attached acopy ofthatrequest at Tab 1, 

### along withthe envelope showingthe datethe requestwasmailed. Despiterequestingthe hearing, Webgistix recently received a letter from RashawnRich George, a SeniorAttorney assigned to this matter, entitled "OrderAssessing CivilPenalty." I have attached a copy ofthis letterfor yourreference. This letter fails to reference ourrequest for hearing and demands immediatepayment ofthe penalty. As confirmedinmyattachedletter, Webgistix didnotconsentto theproposedcivilpenalty and requested aformal hearing. Accordingly, we againrequestthatyou schedulethehearing and proceed accordingly. In addition, we requestthat youforward all future communicationsregarding this matterto my attention as counsel for Webgistix to avoid any delays in communication.

21124395

Snell & Wilmer is a member of LLX J\!L''-HJJ, The Leading Association of Independent Law F1n11s

# Snell & 

# Wilmer L.L.P.


### Federal AviationAdministration March 5, 2015 Page2

Thankyoufor your anticipated cooperation.

Enclosures cc: RashawnRich George SeniorAttorney Office ofthe Regional Counsel

21124395 

### Verytrulyyours,

# Snell &

# Wilmer L.L.r.---- LAWOFFICES

**~lughcs**Center 3883 Howard Hughes Parkway Suite 1100 Las Vegas,_Nevada 89169-.5958 702.784.5200 702.784.5252 (Fax)

www.swbw.c.om

PatrickG .. BYJ."lle (702) 784-5201 pbyrne@swlaw.com
VIAU.S. MAIL FederalAviationAdministration 800 IndependenceAvenue SW WilburWrighfBuilding Suite.2Wl000 WashingtonDC20591 

# RECEiVED MAR 102015 HEARING DOCKET

February 5, 2015

Attention: HearingDocketClerkAGC-430 Re: Webgistix Corporation Dear Sir/Madam: !)fiNYER l..,;S VEOAS LOS ANOEU;s

LOSCAllOS OMNUcr.:ou.;.

..rrr PHOENIX

RtrNO SALTl

.. i\XEC!'!'Y 1tJCSDN

This

### finn represents Webgistix Corporation. Pursuantto the letter from SeniorAttorney RashawnRich George, dated ofJanuary22, 2015 (attached), Webgistixhereby requests 

### a formal hearingonthlsmatter. Pleasedirect any correspondenceregardingthe scheduling ofthe hearing
orany relatedmatterstomyattention. Thankyou foryourcooperation.

cc: RashawnRich George SeniorAttorney Office oftheRegional Counsel

20962767To: Snell & Wilmer ----LL " •. --

I.A W OFFICES
3883 Howard HUghes-P-&kway, Suite llQO

Las Vegas, Nevada 89169 Federal Aviation Adlllinistration

Att: Hearing Docket Clerk AGC-430

800 Independence Avenue SW Wilbur WrightBuilding- Suite 2\Vl 000 Washington, DC 20591 (PGB!Webgistix) **~":-"dL** :.:_or i;(\"U.S. Department ofTransportation Federal Aviation Administration



## ~JAN **i~;**

## 2

**201~** Southern Region Office ofthe Regional Counsel

CERTif:lED ·RETURN **RI\\oJ~!P"JJ3J~Q.UiiliTED** .&JlliQULAlUtlf\!1" WcbgistixCotporation Attn: President 127 BastWarm SpringsRd. LasVegas,NV 89119 and Webgistix Cotporation Attn:President 880 WigwamParkway Ste. 120 Henderson, NV 89014 

# RE P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX
2013S07003! 

# EIVED MAR 1D

## 2015 

## HEARING DOCKET

FINAl,NOTICE OF PROPOSED CIVIL PENALTY
On July 8, 2013, you were advised through a Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penaltyin the amountof$63,000. After considering all the

**evi~ence** inthis matter, including information submitted atthe infomml 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) containing hazardous materials fortra11sportation by air.
2. The above described shipment was

**offer~'<!** by Webgistix on behalf of Futul"e HealthTodayLtd. 3. The shipment, assigned UPS tracking number lZ 8ES A36 12 9133, was offered by Webgistix for 3 Day Select air transportation to Elaine Head, 3525 Ttuile CreekBoulevard, lOA, Dallas, TX75219.
4. At all times mentioned herein, the shipment was not accompanied by a Shipper's CertificationorDeclarationofDangerous Goods.

15. On or about 0ytober 16,20\2, ground-handling personnel at the UPS sort facility inLouisville,

### KY discoveredthe shipment leaking. 6. The fiberboard box described in paragraph l contained two (2) 4-ounce plastic bottles ofMMS OriginalWater Purification Drops. 7. Further investigation showed that approximately 2-ounccs 

### of the Water Purification Dropshad leakedinto and throughthefiberboard container. 

### 8. Water Purification Drops are classified as a hazardous material under the Department of Transportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 172.101). 9. The proper shipping name of Water Purification Drops is Sodium Chlorite Solution. lt is in Hazard Class 8, Packing Group II, and has an assigned identification numberofUNl908. Theproper label is CORROSIVE. 10. Webgistix offered the shipment of hazardous material for transportation by air without shippingpapers thatincluded: (a) the assigned identificationmtmberprescribed for eachmaterial; (b) 

### the propershipping name prescribedfor each material; (c) thehazardclassprescri])edfor each material; (d) thepacking gmup prescribedfor eachmaterial; (e) the total net mass perpackage; and (f) the numberand typeofpackages. (g) 

### a statement indicating that the shipment 

### is within 

### the limitations prescribed foreitherpassengerand cargo aircraftor cargo aircraft only. lL Webgistix offered the shipment of hazardotts material for transportation by air and failedto: (a) certifythat the materials were inaccordance with theHMR (49 C.F.R. §§ 171, et

**JL~.)** by printing the certification set forth it1 § l72.204(a) or § 172.204(c)(1)oftheHMR; prepare the required certifications in duplicate; and (b) add thefollowing statementto thecertification: ''[ declare that all ofthe applicable air transp01t requirements have becrt 

### m_et. 1 '


### 212. Webgistix offered the shipment ofhaz.ardous materials for transportation by air and failed to: (a) mark the outer container with theproper shipping name ofeach hazardous material contained 1J1ere.in; (b) mark the outer container with the assigned identitication number ofeach hazardous material contained therein; (c) markthe outer containerwith standard orientationmarkings; and (d) affixa CORROSIVElabelto theoutercontainer. 

### 13. Webgistix offered the shipment ofhazardous materials for transportation by 

### air and failed to provide emergency responseinformation. !4. Webgistix 'offered the shipment ofhazardous materials for transportation by air and failedto provide an emergency responsetelephone number. I5. Webgistix offered the shipment ofhazardous materials fot· trm1sportation by air 1md failed to make the emergency response information available away tl·om the package. 16. Webgistix offered the shipment ofhazardous materials for transportation by air and failed to ensure that the hazmat employee responsible for prepming the shipmentwas properly trained. 17. Wcbgistix offered the shipment ofhazardous materials for transportation by air and failed to instruct each of its officers, agents, and employees having responsibility forprepHring the shipmentas tothe applicableregulations. 18. Webgistix ofl'ered the shipment of hazardous. materials for transportation by air m1d failed to package it so there would be no identifiable release of hazm·dous material to the environment. 19. Webgistix offered the shipment ofhazardocJS materials for transportation by air and failed to ensuretheclosurewas secure and leakproof. 20. Webgislix offcicd the shipment materials of hazardous materials for transportation by air and failed to pack, secure, and cushion the package to prevent breakage orleakage. 21. Webgistix offered the shipment ofhazardous materials for transportation by air and failed to use a leakproofliner, plastic bag or other equally efficient means of containtnent. 22. Webgistix offered the shipment ofhazardous materials for transportation by air m1el failed to use an authorized packagingfor its transportation.
323. By reason of the above, Webgistix violated the following Department of Transportation Hazardous Materials Regulations (Title 49 ofthe Code ofFederal Regubtions): (a) Secdon 17!.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 l72.200(a) <md 172.202(a)(1) 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 § 172.10l Table, in the mmmerrequired by 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 mannerrequired by this subpart. (d) Sections 172.200(a) and 172.202(a)(3) in that Webgistix offered a hazardous material for transpoJtation and failed to describe the hazardous material on the shipping papers, including the hazard class OJ' division prescribed for the material as shown h1 Column 3 ofthe § 172.101 Table, in the mmmcrrequiredby 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§ 172.101 Table, ifany, oftlm material covered by the description, in the mmmer required by this subpart. (f) Sections l72.200(a) and 172.202(a)(6) in that Webgistix offered a hazardous material for transportation and failed to describe the hazardous material on the shippingpapers, includingthe total net mass, perpackage, in themannerrequired by this subpart. (g) Sections 172.200(a) and 172.202(a)(7) in that Webgistix o!Iered a hazardous material for trm1sportation and failed to describe the hazardous material on the shipping papers, including the number and type of packages (indicatedby description ofthe package). (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 on the shipping paper. (i) Section 172.204(a) or (c)(l) in that Webgistix 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 thecertifications setforth in this part. (j) Section 172.204(c)(2) in thatWebgistix offered ahazardous material to an aircraft operator for transportation by air and failed to provide two copies ofthe certificationrequited inthis section. (k) Section l72.204(c)(3) in that Webgistix 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 decla:re that all ofthe applicable air transport requirements have been mei." (Effective October 1. 21106.) (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 the material as shown in the §172..101 table. (m) Sections 172.300(a) and 1 72.312(a)(l) in that Webgistix offered a nonbulk combination package having i!1ller packagings containing liquid hazardous materials for transportation and failed to properly pack the packageofliquid hazardous material with closures upward. (n) Sections 172.300(a) and 172.312(a)(2) in that Webgistix offered a nonbulk combination package having inner packagings containing liquid hazardous materials for transportation and failed to legibly mark the package with standard orientationmal'kings, on two opposite

**vet~ical** sides ofthe package with the arrows pointing in the.correct upright direction. (o) Sections 172.400 and 172.402(a)(1) in that Webgistix offered for transportation a package containing a hazardous material and failed to label the package withprimary and subsidiary hazard labels as specified in Column 6 ofthe 

### §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 infomration inunediately available for use at all times the hazardous material was present, and failed to make such information, including an emergency response telephmre number, immediately available to any goverJllllent agency responding to an incident involving hazardom materials or conducting an investigation which involves a hazardous material. (q) Sections 172.600 and l72.602(b)(2) in that Wcbgistix offered for transportation a hazardous material for transportation and failed to make the emergency response information available for use away from the package containingthehazardous material, (r) Section 172.604(a)(1) in that Webgistix offered a hazardous material for transportation and failed to provide a 24-hour emergency response telephone number (iltcluding the area code or international access code) which was monitored at all times the hazardous material was in transportation, including storage incidental to transportation, tor use in the event ofan e1ncrgency involvingthe hazardous material. (s) Section 173.1(b) in that Webgistix o±Iered 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

**shipm~nt** as to applicableregulations{)fthis 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 with the l'equirementsprescribedinthis subpart. (LL) Sections 172.702(a) ru1d 172.704(a)(l) in that Webgistix offered a hazardous material for transportation and failed to ensure that its haz!llat employee training included general awareness/fmniliarity training designed to provide familiarity with the requirements ofthis subchapter m1d to enable the employee to recognize and identify hazm·dous materials consistent with the hazard communication standards oftbis subchapter. (v) Sections 172.702(il) and 172.704(a)(2) in that Webgistix offered a hazardous material for transportation and ft1iled to ensure that its hazmat employee training included function specific training concerning requirements ofthis subchapter which were specitically applicable to the functions theemployee pelformed. (w) Sections 172.702(a) and 172.704(a)(3) in that Webgistix offered a hazardous material for trrursportation and failed to ensure !hal its hazmat employee training included safety training concerning

-- (i) emergency response information; (ii) measures to protect the employee from 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 containing hazardous materials. (x) Sections 172.702(a) and 172.704(a)(4) in that Webgistix ofl'cred a hazardous material for transportation and failed to ensure that each ofits hazmat employees received training that provides an awareness ofsecurity risks associated with hazardous materials tnmspoliation and methods designedto enhancetransportation safety, including a componentcovering howto recognize and response to possible securitythreats. (y) Sections 172.702(a) and 172.704(a)(S) in that Webgistix offered a hazardous material for transpottation and failed to ensW'e that each ofits hazmat employees received training concerning the required security plan and its implementation, including company security objectives, specific security procedures, employee responsibilities, actions to take in the event ofa security breach, and the organi7.ationa1 security structure. (z) Section 173.24(b)(1) in that Wcbgistix 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 wouldbeno identifiable release ofhazardous material to the environment. (aa) Section 173.24(±)(1) in that Webgistix failed to use a package which had closlll'es so designed and closed that under conditions (inclLJcling. the effects oftemperature and vibration) normally incident to transpmtation, 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 Lo usc packagings conforming to the requirements of part 178 of this subchapter at the Packing Group II performance level. (cc) Section 173.27(c) in that Webgistix failed to ensure that the packaging was designed and construqted to prevent leakage that may be caused by changes inaltitude and temperah1reduringtransportation aboard aircraft. (dd) Section l73.27(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 closme from loosening due to.vibration or substantial chm1ge intemperature.


### 7(ee) Section 17327(e)(3) in that Webgistix ofl'ered a package contmmng hazardous liquids ill 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 ofcontaim11entin the eventofleakage. (11) Section 173.202 in that Webgistix offered for transportation a package containing liquid hazardous material in Pacldng Group II when §172.101 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 173, to the requirements ofpart 178 ofthis subchapter at the Packing Group I or II pelfOlmancc 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 Stales Code of Transportation, 49 U.S.C.§ 5123, Webgistix is liable for a civil penalty ofnot less than $250 ($450 for training violations), nor greater thm1 $75,000 ($175,000 ifdeath, serious illness, severe injury, or substantialproperty damage results), for each violationoftheregulations. After reviewing our investigative file, we propose to assess a civil penalty 

### in the amount of $63,000 for these violations. Unless you mailorpersonally deliver, in writing, yourrequesr :for a heari11g in this matter, on or before fifteen (15) days after you receive this Final Notice, we will issue anOrder Assessing Civil Penalty and you will have no further right to a hearing. Ifyou do not submit a written request for ahearing, you mustpay theproposed civilpenalty.
Your request for a heming 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 orvia expedited courier service) or Federal Aviatio.il Administration, 

### 800 Independence Avenue SW, Wilbur Wright Building, Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 (if delivm')' is via U.S. Mail), and a copymustbe 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 youwiththeNotice ofProposedCivil Penalty (14 C.F.R. §13.16).

8You may pay tl1eproposedpenalty by submitting a certified checkormoney orderpayable to the "Federal AviationAdministration" to the nndersigned. RANDY ELLENHYMAN REGIONAL COUNSEL 

## (/J

**(//--~** t 

## I /, BY:



# 1~[\j.J1\



# (\llA-~-14,_( )•

**RAS!lA~N** lZJCH GEORtiE SeniorAttorney Office ofthe Regional Counsel

9CERTIFICATE OF SERVICE I hereby certify that the foregoing Final Notice ofProposed Civil Penalty has been mailed by Certified Mail & Regular Mail to: Wcbgistix Corporation Attn: President 127 EastWarmSprings Rd. Las Vegas, NV 89119 and Webgistix Corporation Attn: President 880 Wigwam Parkway Ste. 120

**··--····---~-------···--** Dated



### LOU.S. Department ofTransportation Federal Aviation Administration 

# !fEB ,2 

# c:· Southern Region Office ofthe Regional Counsel

CERTIFIED -RETURN RECEIPTREQUESTED & REGULARMAIL 

### Webgistix Corporation Attn: President 127 East Warm Springs Rd. Las Vegas, NV 89119 and Webgisiix Corporation Attn: President 880 Wigwam Pa1·kway Ste. 120 Henderson, NV 89014 

# RE P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 ( 404) 305·5223 FAX



### 20l3S07003l 

# D MAR 102015 

## HEARING DOCKET

ORDER

### ASSESSING CIVILI'ENALTY 

### On January 22. 2015, you were advised through a Final Notice ofProposed Civil Penaltythatthe FAA proposed to assess a civil penalty in the amountof$63,000. After consideration ofall ofthe available information in this matter, including the information submitted atthe informal conference onJuly 23, 2014, it has been determined that: I. 

### 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 fortransp01iation by air. 2. The above described shipment was oifered by Webgistix on behalf of Future Health Today Ltd. 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 Creek Boulevard, lOA, Dallas, TX 75219. 4. At all times mentioned herein, the shipment was not accompanied by 

### a Shipper's Certification orDeclaration ofDangerous Goods.

l5. On or about October 16, 2012, ground-handling personnel at the lJPS soti facility in Louisville, 

### KY discovered the shipmentleaking. 

### 6. The fiberboard box described in paragraph 

### l contained two (2) 4-ounce plastic bottles ofMMS Original Water Purif1cation Drops. 

### 7. Further investigation showed that approximately 2-ounces of the Water PurificationDrops had leaked into and throughthe fiberboard container. 

### 8. Water Purification Drops are classified as a hazardous material under the Department of Transportation Hazardous Materials Regulations (HMR) (49 C.F.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 ideutifictttionmm1ber of

### UNl908. Theproper label is 

### CORROSIVE. 

### I0. Webgistix offered the shipment ofhazardous material for transpotiation by air without shippingpapersthat included: (a) the assigned identification number prescribed for eachmaterial; (b) 

### tlre proper shippingname prescribed lor eachmaterial; (c) the hazardclass prescribed.for eachmaterial; (d) the packing group prescribed toreach material; (e) the total net mass perpackage; and (!) the number and type ofpackages. (g) a statement indicating that the shipment is within the limitations prescribed foreitherpassenger andcargo aircraft orcargo aircraftonly. II. Webgistix offered the shipment of hazardous material for transportation by air and failed io: (a) certify that the materials were in accordance with the HMR (49 C.F.R. §§ 171, et 

### §_<ell,) by printing the celiification set forth in § 172.204(a) or § 172.204(c)(1) ofthe HMR; preparethe required certifications in duplicate; and (b) add the following statementto the certification: 

### "! declare that all ofthe applicable air transport requirements have been 111eL''



### 2

### 12. Wcbgistix**om~red** 

### the shipment ofhazardous materials for tnmsportation by 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 contained therein; (c) mark the outer containerwith standard orientation markings; and (d) affix a CORROSIVE label to the outer container. 13. Webgistix o!Jered the shipment ofhazardous materials for transportation by air andfailed to provide emergency response information. 14. Webgistix offered the shipment ofhazardous materials for transportation by air and 1ltiledto provide anemergency response telephone number. 15, 

### Webgistix ofTered the shipment ofhazardous materials for transportation by air and failed to make the emergency response information available away fromthe package. 16, 

### Webgistix offered the shipment ofhazardous materials for transportation by air and failed to ensure that the hazmat employee responsible for preparing the sl1ipment was properly trained. 17. Webgistix offered the shipment ofhazardous materials for transportation by air and failed to instruct each of its officers. agents, and employees having responsibility for preparing the shipment asto the applicable regulations. 18. Webgistix offered the shipment ofhazardous materials for transp01tation by air and failed to package it so there would be no identifiable release ofhazardous material to the environment. 19. Webgistix offered the shipment of hazardous materials for transportation by air and failed to ensurethe closure was secure and leakproot: 20. Webgistix offered the shipment materials of hazm·dous materials for transportation by air and failed to pack, secure, and cushion the package to preventbreakage or leal<age. 21. Webgistix offered the shipment ofhazardous materials for transportation by air and failed to use a leakproofliner, plastic bag or other equally efficient means of containment. 22. Webgistix offered the shipment ofhazardous materials fbr transportation by air

. and failed to use an authorized packaging for its transportation. 

### 3

### 23. By reason of the above, Webgistix violated the following Department of Transportation Haz.ardons 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 l72.202(a)(l) in that Webgistix offered a hazardous material for transportation and failed to describe the ha?.ardous material on the shipping papers, including the identification number presctibed for the material as shown in Column 4 ofthe 

### § 172.101 Table, inthe mannerrequired by this subpart. (c) Sections l72.200(a) and l72.202(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 §

### 172.10l Table, in the manner required by this subpart. (d) Sections !72.200(a) and l72.202(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 tor tl1e 

### material as shown in Column 3 oftl1e § 

### 172.101 Table, in the mannerrequired by this subpart. (e) Sections 172.200(a) and 172.202(a)(4) in that Wcbgistix offered a hazardous material for transportation and failed to describe the hazardons material on the shipping papers. induding the packing gronp, in Roman numerals, prescribed lor the material in Column 5 crfthe § 

### 172.101 Table, ifany, ofthe material covered by the description, in the manner required by tl1is subpart. (t) 

### Sections 172.200(a) and 172.202(a)(6) in tltat 

### Webgistix. offered a hazardous material for transpmtation and failed to describe the hazardous material on the shipping papers, including the total net mass, per package, in the mannerrequiredby this subpart. (g) Sections 172.200(a) and 172.202(a)(7) in that Webgistix o!1ered a hazardous material for transportation and failed to describe the hazardous material on iJ1e 

### shipping papers, including the number and l)'1Je of packages (indicated 

### by deseription ofthe package).

4(h) Section 172.203(!) in that Webgistix offered a hazardous material for transportation when a statement indicating that the shipment is within the limitations prescribed for either passenger and cargo aircraft or cargo aircraft only was not entered on the shipping paper. (i) Section l72.204(a) or (c)(!) in that Webgistix offered a hazardous material for transportation and failed to 

### ceriify that the material was offered for transporiation 

### in accordance with this subchapter by printing on the shipping paper containing the required shipping description one of the certifications setforth inthis part. (j) Section l72.204(c)(2) in that Webgistix offered a hazardous material to an aircraft operator for transportation 

### by air and failed to provide two copies ofthe certit1cation required inthis section. (k) Section I72.204(c)(3) in that Webgistix offered for transportation by air a hazardous material authorized for air transportation and failed to add to the certi.fication required in this section the following statement:



### (1)

(m)

(n)

(o) 

### "I declare 

### that all ofthe applicable air transport requirements have been met." (Ejfeclive Otiober I, 2006) Section 172.30I(a) in that Webgistix o1Tered f\Jr 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 "lJN"or "NA'', as appropriate) for the material as shO\vn in the 

### §172.101 table. · Sections 172.300(a) and 172.312(a)(l) in that Webgistix offered a nonbulk combination package having inner packagings containing liquid hazardous materials for transportation and failed to properly pack the packageofliquid hazardous material withclosures upward. Sections 172.300(a) and 172.3!2(a)(2) in that Webgistix offered a nonbulk combination package having inner packagings containing liquid hazardous materials for transponation and failed to legibly mark the package with standard orientationmarkings, on two opposite vertical sides ofthe packagewiththe arrows pointing in the 

### conect upright direction. Sections 172.400 and 1 72.402(a)(l) in that Webgistix offered for transportation a package containing a hazardous material and failed to label the package with primary and subsidiary hazard labels as specified in Colurnn6ofthe §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 inunetiiately available for use at 

### all times the haz.ardous material was present. and failed to make such inf(nmation. including an emergency response teJephone number, immediately available to any government agency responding to an incident involving hazardous materials or conducting an investigation which involves a hazardons 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 l72.604(a)(J) in that Webgistix offered a hazardous material for transportation and failed to provide a 24-hour emergency response telephone munber (including the area code or international access code) which was monitored at all times the hazardous material was in lTanspmtation, inclnding storage incidental to transportation, for use in the eve.ot ofan emergency involving the hazardousmateriaL (s) Section 173.l(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 fclr preparing hazardous materials for shipment as 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 u·ained in accordance with the requirementsprescribed in this subpart (u) Sections 172.702(a) and l72.704(a)(l) in that Webgistix offered a

**haz~1rdous** 

### 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 communieation standards ofthis subchapter. (v) Sections 172.702(a) and 172.704(a)(2) in that Wcbgistix offered a hazardous material for transportation and failed to ensure that its hazmat employee training included fhnction specific training concerning requirements ofthis subchapter which were specifically applicable to the functions the employee performed.

6

### (w) Sections 1 72.702(a) and 1 72.704(a)(3) in that Webgistix offered a hazardous material for tTansportation and failed to ensure that its hazmat employee training included safety training conceming (i) emergency response infonnation; (ii) measmes to protect the employee from hazards associated with hazardous materials to which they 111ay be exposed in the work place, including specific measures the hazmar 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 matedals. (x) Sections J72.702(a) and 172.704(a)(4) in that Webgistix offered a hazardous material for transportation and failed to ensure that each ofits hazmal employees received training that provides an awareness ofsecurity risks associated with hazardoLts materials transportation and methods designedto enhancetransp01iation safety, including a componentcovering how to recognize and responsetopossible securitythreats. (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 u·aining concerning the required security plan and its implementation, including company security objectives, specific security procedures, employee responsibilities, actions to take inthe event ofa security breach, and the organizational security structtrre. (z) Section 173.24(b)(l) in that Wcbgistix 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(f)(l) in that Webgisti:< tailed to use a package which had closw·es so designed and closed that under conditions (including the effects of temperature and vibration) normally incident to transportation, there would be no identit1able release of hazardous materials to the enviromnent ti:om 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 at the Packing Group II performancelevel. (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 and temperature during transpor1ation aboard aircraft.



### 7(dd) Section 173.27(d) in that Webgistix Hriled to ensure stoppers, corks or other suchfriction-type closures were held securely, tightlyand 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 in temperature. (ee) Section J73.27(e)(3) in that Webgistix offered a package contatnmg hazardous liquids in Class 3,4, 5, 6, or 8, in glass, earthcJrware, 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 efftc.ient means ofcontainmentinthe event ofleakage. (ff) Section 173.202 in that Webgistix offered for transportation a package containing liquid hazardous rnaterial in Packing Group II when 

### §172.10l of this subchapter specified that it be packaged under this section and failed to use non-bulk packagings prescrihed in this sectionconformingto 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 (tmless otherwise excepted), and to the requirements of the specialprovisions ofColumn7 ofthe§172.1OJ Table. 

### NOW THEREFORE, IT IS ORDERED, pursuant to Section 5123(a) of

### Title 49 ofthe United States Code (Transp01tation) (49 U.S.C. 

### § 5123(a)), that Webgistix be and hereby is assessed a civil penalty in the amount of$63,000. 

### You are hereby ordered to pay, immediately. the assessed amount by mailing or delivering a ceJtifted check or money order in the amount of $63,000, payable to the 

### "Federal Aviation Administration," to: FAA/AMK-322 P.O. Box 25770 OklahomaCity, OK 73125

8The amount ofcivil penalty assessed in this Order constitutes a debt owed to the United States. You have now exhausted yourright to seek review ofthe validity or amountofthis debt. Ifthis debt 

### is not paid 

### in 

### fiJI! within 

### 30 days of your receipt ofthis letter, the debt is considered delinquent. For delinquent debts, federal regulation (49 C.F.R. §89.23) requires us to charge interest, from the date ofthis Order. at a fixed annual rate of l%, along with an administrative charge of$I2.00 per month. representing our costs ofadministrative collection. Furthermore, if the full amount assessed is not paid in full within 120 days ofyour receipt ofthis letter, we are required to assess an additional penalty at an annual rate of 6%, accruing from the date of delinquency. Delinquent debts may be reported to consumer reporting agencies or commercial credit bureaus, which couid adversely affect your credit rating. Nonpayment ofthis debt may ultimately result in a referral to a collection agency, the Intemal Revenue Service, or to the United StatesDepartmentofJustice for enforcedcollection. RANDY ELLEN HYMAN

**REG~AL** COUNSEL



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# ' 1/1 By: 

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## ~ 

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## RAsH.Yt 'l'fizicH GEoRGE SeniorAttorney Office ofthe Regional Counsel



### 9

### CERTIFICATEO.F SERVICE I hereby certify that the foregoing Order Assessing Civil Penalty has been mailed by Certified Mail & Regular Mailto: WebgistixCorporation 

### Attn: Presidelll 127 East 

### Warm. Springs Rd. Las Vegas, NV 891 19 and Webgistix Corporation 

### Attn: President

Dated

10