MAGfNi INDUSTRIES. INC. 

10250 TOEBBEN DRIVE INDEPENDENCE, KENTUCKY 41051 

PHONE: (859) 746-1777 FAX: (859) 746-1170 

The Honorable Richard C. Goodwin December 21,2010 

U.S. Administrative Law Judge ^^ 

Office of Hearings, M-20 S? 

U.S. Department of Transportation ^_ 

1200 New Jersey Avenue, S.E. . ^^(A-I^}? ^ ^ 

East Building Ground Floor, Room E12-320 f^ H 0*-^ | U I o o _ 

Washington, D.C. i — 

Judge Richard C. Goodvrai, ^ 

Magni Industries, Inc. located in Independence Kentucky is providing the following written answer in ree^onse 

Procedural Order served on December 13,2010 in the matter of the Magni Group Inc FAA Docket No "^ 

CPIOSOOOIO. 

On June 8,2010 the FAA performed a training records inspection of the Magni facility located at 10250 Toebben 

Drive, Independence, Kentucky 41051. The only records Magni produced for hazmat employee, Ed Yung, during the 

inspection were dated November 7,2006. 

The fmding resulted in the following Department of Transportation Hazardous Materials Regulations (Title 49 of the 

Code of Federal Regulations: 

a. Sections 172.702(a) and 172.704(a)(2) in that Magni failed to ensure that the hazmat employee that 

complete the declarations certifying that hazardous materials were properly prepared for transportation was 

provided with function-specific training concerning requirements of this subchapter, or exemptions issued 

under subchapter A of this chapter, which were specifically applicable to the functions that the employee 

performed. 

b. Sections 172.702(a) and 172.704(c)(2) in that Magni failed to ensure that hazmat employee who completed 

declarations certifying that hazardous materials were properly prepared for transportation received the 

training requu-ed by this subpart at least once every three years. 

c. Sections 172.702(a) and 172.704(a)(4) in that Magni offered hazardous materials for transportation and 

failed to ensure that its hazmat employee trainmg included training that provided an awareness of security 

risks associated with hazardous materials transportation and methods designed to enhance transportation 

security. This training must also include a component covering how to recognize and respond to possible 

security threats. After March 25,2003, new hazmat employees must receive the security awareness trainmg 

required by this paragraph within 90 days after employment. 

Response: 

On June 8,2010 Magni Industries provided evidence of a training record for lATA/ICAO DG by Air that took place 

on 11/7/06. This was recertification training for Ed conducted by GTTS. As a result Ed Yung's training requirement 

had lapsed by a time period of 10 months, Ed Yung has subsequently received 49CFR / lATA training on 7/8/10. 

It was not Magni Industries intention to allow Ed Yung's training requirement to expire and no other non 

conformances for shippmg hazardous material by air occurred during the time of Ed Yung's training lapse as Ed has 

a great deal of awareness and familiarity with the requirements noted in sections 172.702 and .704 of the compliance 

guide. 
Ed Yung has under gone extensive HAZMAT training throughout the course of his career both prior to and while 

employed by Magni Industries. Ed had some training where he still was compliant within the three year time period 

that may have been helpful in satisfying the training requirements noted paragraph (a) of section 172.704. On June 

10*, 2008 Ed had undergone a 15.5 hour Practical Compliance with EPA Regulations Course sponsored by the 

Kentucky Chamber of Commerce. Obviously this does not cover critical aspects of lATA but Magni does hope that 

it shows the court that we were not entirely remiss in our Hazmat Employee training effort during this time period. 

The time period that Ed Yung's framing expired was very trying for Magni Industries, Inc. Magni is a supplier to the 

automotive industries and had to incur extensive downsizing at the end of 2008 and again in the first quarter of 2009. 

Staffing level's were cut by roughly 30% during this time period and left management of day to day operations to a 

greatly reduced staff. We feel that this is the reason Ed forgot to renew his lATA training in a timely manner. 

Magni takes this finding by tiie FAA auditor very seriously; we have put in place an automated system of reminders 

that will notify all key staff members electronically when training updates are required. Magni also takes the training 

of its hazmat employees very seriously and hope that we can close this matter knowing that the court is satisfied that 

Magni is a competent hazmat employer. 

Sincerely, ^_^ 

'J 

Todd R. Pahner 

General Manager 

Magni Industries, Inc. 

Independence, KY 

c.c: 

Mr. Ira Leibowitz 

Patricia Matthews