Foss Therapy Services, Richard Foss, and Joseph Shepherd

Case Number: 07-0062-RMS-HQ

Docket Order: PHMSA-2011-0085

Respondent were assessed a civil penalty of $138,260 for ten violations of the HMR when they offered for transportation in commerce radioactive hazardous materials when they failed to register with PHMSA and pay the registration fee (violation No. 1); in DOT Specification, foreign-made, and NRC approved Type B packages which were not authorized for these materials (violations Nos. 2 &3 [combined], 4 & 5 [combined], and 10); when they failed to provide foreign shippers and forwarding agents with timely and complete information as to the requirement of the HMR that apply to shipment of these materials within the United States (violation No. 6); that were not marked as required (violation No. 7); in Type A packages when they failed to maintain complete documentation of tests and an engineering evaluation or comparative data showing the construction methods, packaging design, and materials of construction (violation No. 9); and when it failed to develop and adhere to a security plan (violation No. 12).  Two alleged violations dismissed.