o 

U.S. Department 

Of Transportation 

Federal Aviation 

Administration 

Office of Regional Counsel 

Northwest Mountain Region 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425)227-1417 

Fax: (425) 227-1007 

SCOTT.MORRIS@FAA.GOV 

October 6, 2010 

VIA FACSIMILE A>JD CERTIFIED MAIL - RETURN RECEIPT REOUESTED 

CO 

•D 

Attn: Hearing Docket Clerk, AGC-430 

Hearing Docket 

Federal Aviation Administration _ 

(Wilbur Wright Bldg-Room 2W1000) Jj iSi' . ;" T 

800 Independence Avenue S.W. ; . _J ' 

Washington, D.C. 20591 

Re: In the Matter of Federal Express Corporation, Case No. 2008NM700127 jfiPlb K/ Hd OO f ( 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of the ' 

Complaint in the above-referenced proceeding. ^'^ 

The FAA requests that the hearing in this matter be held in Seattle, Washington, and expects that 

the hearing will last two (2) days. 

For scheduling purposes, Federal Aviation Administration (FAA) attorney, Scott R. Morris will be 

unavailable in year 2010: October 1-12, October 18-21, October 26-28, November 1-5, 

November 10-15, November 22-26, December 1-3, December 8-17 and December 27-31. 

Please address all communications for the FAA to the undersigned at: 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Telephone: 425.227. 1417 

FAX: 425.227.1007 

Sincerely, 

o^T 

FAA Attorney 

Enclosures: Request for Hearing (Appeal) 

Complaint 
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SCOTT R. MORRIS 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: 425.227.1417 

FACSIMILE: 425.227.1007 

nrtcr 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Federal Express Corporation 

FAA Case No. 2008NM700127 

JUDGE NOT ASSIGNED 

JUDGE NOT ASSIGNED: 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

On September 17, 2010, Federal Express Corporation (hereafter FedEx), was advised 

through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty 

in the amount of $45,000. On September 30, 2010, FedEx, through legal counsel, submitted a 

written request for a hearing. 

II. 

1. Federal Express Corporation (hereafter FedEx) is a business entity that regularly offers, 

accepts, or transports hazardous material (HAZMAT). 

2. FedEx is also an air carrier with an annual operating revenue of $ 100,000,000 or more. 

COMPLAINT 

FAA V. Federal Express Corporation 

FAA CaseNo. 2008NM700127 

Page 2 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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3. On or about May 9, 2008, at or near Bozeman, Montana, FedEx knowingly accepted a 

shipment (a fiberboard box) from Bioscience Laboratories, Inc. (BLI) for transport in air 

commerce. 

4. BLI requested FedEx provide "2-day delivery" service and the shipment was destined for 

Petaluma, California. 

5. This BLI shipment was transported by use of FedEx air waybill 0201 7900 1131 3014. 

6. At Bozeman, Montana, FedEx employees loaded this shipment on to a Corporate Air Cessna 

208 aircraft, flight 7772-13, for transport to Great Falls, Montana. 

7. This shipment was loaded into the Zone 3/4 compartment of the Cessna 208. 

8. The Zone 3/4 compartment of this Cessna 208 was inaccessible to the flight crew and did not 

have a fire suppression system. 

9. The above shipment flew from Bozeman, Montana to Great Falls, Montana, Montana on or 

aboutMay 12, 2008. 

10. During off-loading operations of Corporate Air Cessna 208 aircraft, flight 7772-13, at Great 

Falls, Montana, Federal Aviation Administration (FAA) Hazardous Material Agents were 

conducting surveillance and observed a shipment being transported by use of FedEx air 

waybill 0201 7900 1131 3014. 

11. This shipment was observed stowed in Zone 3/4 of the Cessna 208 aircraft prior to its 

removal from the aircraft. 

12. This shipment was marked with UN2428 and was bearing a Class 5.1 hazard label indicating 

that it contained HAZMAT; however, this shipment was not marked with a HAZMAT 

shipping name. 

13. The shipping papers that accompanied this shipment also indicated that the contents of the 

shipment were classified as Sodium chlorate, aqueous solution, Class 5.1, UN2428, PGII. 

14. There was no FedEx inspection sticker on the shipment which indicated that it had been 

inspected by a FedEx dangerous good specialist prior to transportation. 

15. On May 16, 2008, at Great Falls, Montana, FAA Hazardous Material Agents observed offloading operations of another Corporate Air aircraft arriving from Wolf Point, Montana. 

16. During these off-loading operations, the Agents observed two improperly marked packages 

of Biological substances, Category B UN3373. 

17. Specifically, shipments being transported by use of FedEx tracking numbers 86474191094 

and 864857936503 did not have the "Biological Substances, Category B" marking on the 

COMPLAINT 

FAA V. Federal Express Corporation 

FAA CaseNo. 2008NM700127 

Page 3 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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outer pack nor did they have the UN3373 marking as described in 49 C.F.R. 

Sectionl 73.199(a)(5). 

III. 

1. By reason of the foregoing facts and circumstances, FedEx violated the following 

sections of the Federal Aviation Regulations (14 CFR): 

a. Section 171.2(e), in that it offered or accepted HAZMAT to be shipped in air 

commerce which were not properly classed, described, packaged, marked, labeled, or 

in a condition for shipment required by the Hazardous Material Regulations (49 

C.F.R. Parts \l\,et. seq.). 

b. Sections 172.300 and 172.301(a), in that it offered HAZMAT for transportation when 

the package was not marked with proper shipping names for its contents. 

c. Section 175.3, in that it accepted for transport aboard an aircraft, HAZMAT that were 

not prepared for shipment in accordance with the Hazardous Materials Regulations 

(49 C.F.R., Subchap. C). 

d. Section 175.30(a)(3), in that it accepted a HAZMAT for transportation on an aircraft 

without the package being marked per subpart D of 14 C.F.R., Part 172. 

e. Section 175.501(a), in that it loaded a package containing an OXIDIZER label in an 

inaccessible cargo compartment that did not have a fire or smoke detection system 

and a fire suppression system. 

2. In accordance with Section 5123(a) of Title 49 of the United States Code (Transportation) 

[49 U.S.C. §5123(a)], FedEx is liable for a civil penalty not to exceed $50,000 for each 

violation of the Department of Transportation Hazardous Materials Regulations. 

3. Under the facts and circumstances of this case, a civil penalty of $45,000 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfiilly requests that the Administrative 

Law Judge enter an order that FedEx be assessed a civil penalty in the amount of $45,000. 

COMPLAINT 

FAA V. Federal Express Corporation 

FAA CaseNo. 2008NM700127 

Page 4 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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Respectfully submitted this 6tii day of October, 2010. 

Sc^^TMoms 

Attorney 

COMPLAINT 

FAA V. Federal Express Corporation 

FAA CaseNo. 2008NM700127 

Page 5 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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ANSWER 

In accordance with Section 13.209 of the Federal Aviation Regulations, FedEx, must answer this 

Complaint not later than 30 days from the time it is served on it. Failure to file an Answer within 

30 days without good cause shall be deemed an admission of the truth of each allegation 

contained in the Complaint [14.C.F.R. 13.209(f)]. 

COMPLAINT 

FAA V. Federal Express Corporation 

FAA CaseNo. 2008NM700127 

Page 6 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been served via facsimile and certified mail 

Return Receipt Requested this date, to the following: 

Federal Aviation Administration (original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attii: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Fax: 202. 493.5142 

Cynthia Chandler-Snell, Sr. Attorney 

Federal Express Corporation 

Regulatory Division 

3620 Hacks Cross Road 

Building B, 3'" Floor 

Memphis, TN 38125 

TEL: 901-434-8361 

FAX: 901-434-8283 

Dated this 6th day of October, 2010. 

'/L^LJLL^ '({Z^i J^C' N 

DANA STEPHENSON 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2164 

COMPLAINT 

FAA V. Federal Express Corporation 

FAA CaseNo. 2008NM700127 

Page 7 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007