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e 

U.S. Department 

ot Transportation 

Federal Aviation 

Administration 

r-!-'~:-r r.'- T r ' M " r-:'*^ p T » Tir,^, 1 Great Lakes Region 

2300 E. Devon Avenue 

OesPlalnas, IL 60018 

847/284-7313 

May 20, 2010 

REGULAR/CERTIFIED MAIL 

Federal Aviaiion Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

ATI N: HEARING DOCKET CLKRK 

tPib^L m 2^^'^-'^^^ 

Re: In the Matter of FEDERAL EXPRESS CORPORATION 

Docket No- 2009-GL-70-0354 

Enclosed herein please find a copy of the Federal Aviation Administration's Amended Complaint in 

the above-entitled action for filing, together with proof of service upon the Respondent. 

Sincerely, 

Kate Barber 

Enclosures 

cc; AGL-700 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of FEDERAL EXPRESS CORPORATION 

2009-GL-70-0354 

Judge Not Assigned 

AMENDED COMPLAINT 

The Federal Aviation Administration (FAA or Complainant), 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 

1. On or about September 2, 2009, an FAA special agent conducted an inspection of shipments 

accepted into the transportation system by Federal Express Corpwration (Fed Ex) when Fed 

Ex had availed itself of the ICAO Technical Instructions for the Transportation of 

Dangerous Goods by Air (ICAO TI), including all United States Variations thereto. The 

inspection took place at the Fed Ex facility located at the Loveland, Ohio Fed Ex facility. 

2. On or about September 2,2009, Rozzi Incorporated, 11605 Lebanon Road, Loveland, Ohio, 

45140, offered to Fed Ex for transportation in commerce, a shipment under air waybill 

(AWB) 869425468967, to the consignee, Shawn Blankenship, 4415 Grays Church FLoad, 

Newton, NC 28658. 

3. The shipment offered and accepted under AWB 869425468967 contained 3 pounds of 

pyrotechnics, which is classified as a hazardous material under the Department of 

Transportation Hazardous Material Regulations (49 C.F.R. § 172.101). The proper shipping 
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name for this material is Articles, Pyrotechnics, Hazard Class! .4G, Packing Group 11, UN 

0431. 

4. Tlie shipment under AWB 869425468967 was accepted with an improper packing 

instruction listed on the shipper's declaration of daneerous goods. The packing instruction 

Hsted is 131. The proper packing instruction is 135. 

5. The shipment accepted by Fed Ex under AWB 869425468967 did not contain the proper EX 

number on the shipping papers or the Cargo Aircraft only label on the package. 

6. Fed Ex accepted hazardous materials for transportation by air in commerce when ihc 

materials were not properly classed, described, packaged, marked, labeled, and in the 

condition for shipment as required or authorized by the hazardous materials regulations. 

7. Fed Ex accepted a shipment of hazardous material for shipment by air when tlie shipping 

papers were not properly prepared and the hazardous material was not properly des<;ribed 

and certified on the shipping paper. 

IV 

By reason of the foregoing facts and circum.stances, the Respondent violated the following 

Federal Aviation Regulations: 

A. 49 C.F.R. 171.2(e), in ihat Fed Ex accepted hazardous material for transportation by 

air in commerce when the matcria.1 was not properly described, packaged, marked, 

and in the condition for shipment as required or authorized under the hazardous 

material regulations (49 C.F.R. § 171, er seq.). 

B. 49 C.F.R. § 175.3, in that Fed Ex accepted and transported a hazardous material for 

transportation by air in commerce when the material was not properly prepared for 

shipment in accordance with the hazardous material regulations. 

2 
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C. 49 C.F.R. § 175.30(a)(2), in that Fed Ex accepted hazardous material for 

transportation by air in commerce when the hazardous material was not properly 

described and certified on a shipping paper in accordance with Part 172 of the Federal 

Hazardous Material Regulations. 

Pursuant to 49 U.S.C. §5123, Respondent is subject to a civil penalty of at least $250 but not 

more than $50,000 for each of the violations alleged. Under the facts and circumstances of this 

case, a civil penalty of $32,500 is appropriate. 

WHEREFORE, tlie FAA, by counsel, respectfiilly requests that the Administrative Law 

Judge enter an order assessing FedEx a civil penalty in the amount of $32,500. 

Re-spectfully .submitted. 

Jarber 

Attorney 

Federal Aviation Administration 

2300 Hast Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 

847/294-7862 

Fax: 847/-294-7498 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the 

Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must file a written answer to thi<i 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service. A generul denial is deemed a failure to file an answer 

(Section 13.209(e)). 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has sent via Overnight Mail as follows: 

REGULAR/CERTIFIED MAIL Courtney fi. Felts 

Stall Attorney 

Federal Express Corp. 

3620 Hacks Cross Road 

Building B, 3'" Floor 

Memphis, Tennessee 38125 

REGULAR/CERTIFIED MAIL 

(Original & One Copy) 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Wilbur Wright Building, Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Dale: ySA ^^//o 

Tammy Gardner 

Legal Technician 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines, llUnois 60018