10/18/2010 10:50 FAX 2024935142 FAA + DMS 0001/00 8 

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Express 

Octobers, 2010 

VIA FEDEX 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

_,/""'\j «•» " 

RE: In the Matter of Federal Express CorporHtion 

FAA Case No. 2008NM700208 

jloiO'on^ /CP/OA/MOii^^ 

Please tind enclosed an original and one copy of Federal Express Corporation's Answer 

and Statement ol'AlFirmaiive Defenses ("Answer") which we are filing in the above 

rcibrenced matter. Please return a file-stamped copy of the Answer to the undersigned at 

your earliest convenience. 

A copy of this letter cuid a copy of the Answer are also being served on the FAA Regional 

Counsel via FedEx Priority Overnight Service. 

Very tiiily yours, 

I'EDERAF FXPRESS CORPORATION 

Cynfiiia Chandler-Sncll 

Sr. Attorney 

Regulatory Affairs 

(901)434-8361 

(901)434-8283 FAX 

Enclosure 

cc: Mr. Scott Morris, F.sq., KAA Office of Regional Counsel 
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UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

) 

In the Matter ol^ ) 

Federal Express Coqioration ) FAA Case No. 2008N1V1700208 

) 

) 

The Honorable Richard C. Goodwin: 

RESPONDENT'S ANSWER TO COMPLAINT AND 

STATEMENT OF AFFIRMATIVE DEFENSES 

Respondent Federal Express Corporation (d/li/a FedEx Express) hereby answers, 

by counsel, the Complaint filed in this proceeding by Regional Counsel to the Federal 

Aviation Administration, and .sets forth affirmative defenses to this civil penalty claim. 

Following the numbering of the sections in the Complaint: 

T 

L The allegations contained in Section 1 of the Complaint are admitted. In 

further respon.se, however, the Respondent would note that the original Notice 

of Proposed Civil Penalty, received by the Respondent on or about March 20, 

2009, contained the same allegations as the Amended Notice, but proposed a 

civil penalty of $86,700. Respondent further submits that no explanation has 

been given in any communications from the Complainant to explain the 

substantial increa.<je, and no additional information has been produced by the 

Re.<;pondent to .support said increase. 
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n 

1. It is admitted that the Respondent is a business entity that regularly accepts 

and transports hazardous materials (HAZMAT). The remaining allegations in 

Section U (1) of the Complaint are denied. 

2. The allegations contained in Section IT (2) of the Complaint are admitted. 

-3. l he allegations contained in Part 11 (3) of the Complaint are admitted. 

4. The Respondent is without .sufficient information to cither admit or deny the 

allegations contained in Part II (4) of the Complaint, and strict proof is demanded 

thereof. 

5. The allegations contained in Part II (5) of the Complaint are admitted. 

6. Tine allegations contained in Part TT (6) of the Complaint are admitted, but it is 

denied that such discrepancy impacted the safe transport of the shipment. 

7. The allegations contained in Part 11 (7) of the Complaint are vague and do not 

provide sufficient information for the Respondent to cither admit or deny. 

8. Tlie allegation.s contained in Pan 11 (8) of the Complaint are admitted, but it is 

denied that such discrepancy impacted the safe transport of the shipment. 

9. The allegations contained in Part TT (9) of the Complaint are admitted, but it is 

denied that such discrepancy impacted the safe transport of the shipments. 
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10. The allegations contained in Part IT (10) of the Complaint arc admitted, but it is 

denied that such discrepancy impacted the safe transport of the shipment. 

11. The allegations contained in Part TI (11) of the Complaint are admitted, but it is 

denied that .such discrepancy impacted the safe transport of the shipments. 

12. The allegations contained in Part 11 (12) of the Complaint arc admitted, but it is 

denied that such discrepancy impacted the safe transport of the shipment. 

13. The allegations contained in Part II (13) of the Complaint are admitted, but it i.s 

denied that such discrepancy impacted the safe transport of the shipment. 

14. The allegations contained in Part II (14) oJ" the Complaint are admitted, but it is 

denied that such discrepancy impacted the safe transport of the shipment. 

15. The allegations contained in Part II (15) of the Complaint are admitted, but it i.s 

denied that such discrepancy impacted the safe transport of the shipmenLs. 

16. Ihc Respondent is without sufficient information to either admit or deny the 

allegations contained in Part II (16) of the Complaint, .so all such allegations arc 

denied, with strict proof demanded thereof. 

17. The allegations contained in Part II (17) of the Complaint arc admitted. 

18. The allegations contained in Part TI (18) of the Complaint are admitted. 

19. The allegations contained in Part II (19) of the Complaint are admitted. 
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20. The allegations contained in Part II (20) of the Complaint arc admitted, but it is 

denied that .such discrepancy impacted the safe transport of the .shipment. 

21. The allegations contained in Part 11 (21) of the Complaint are admitted, but it is 

denied that such discrepancy impacted the .safe transport, of the shipments. 

22. The allegations contained in Part II (22) of the Complaint are admitted, but it is 

denied that such discrepancy impacted the safe transport of the shipments. 

23. The allegations contained in Pan TI (23) of the Complaint are admitted, but it is 

denied that such discrepancy impacted the safe tran.sport of the shipment. 

24. The allegations contained in Part II (24) of the Complaint are admitted, but it is 

denied that such discrepancy impacted the sail: tran.sport of the shipment. 

25. The allegations contained in Part 11 (25) of the Complaint are admitted, but .it is 

denied that .such discrepancy impacted the safe transport of the shipment. 

26. The Respondent is without sufficient information to either admit or deny the 

allegations contained in Part TIT (26) of the Complaint, .so such allegations are 

denied with strict proof demanded thereof. 

27. The allegations contained in Part 111 (27) of the Complaint are admitted. 

28. The allegations contained in Part 111 (28) of the Complaint are admitted. 

29. The allegations contained in Part III (29) of the Complaint are admitted, but it is 

denied that such discrepancy impacted the safe tran.sport of the shipment. 
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30. The allegations contained in Part III (30) of the Complaint arc admitted. 

31. The allegations contained in Part III (31) of the Complaint are admitted. 

32. The allegations contained in Part III (32) of the Complaint arc admitted, but it is 

denied that such discrepancy impacted the safe transport of the shipment. 

33. The allegations contained in Part 111 (33) of the Complaint arc admitted, but it is 

denied that such discrepancy impacted the safe transport, of the shipment. 

34. The allegations contained in Part III (34) of the Complaint arc admiited. 

35. The allegations contained in Part 111 (35) of the Complaint are admitted. 

36. The allegations contained in Part 111 (36) of the Complaint are admitted, but it is 

denied that such discrepancy impacted the safe tran.sport of the shipment. 

37. The allegations contained in Part 111 (37) of the Complaint tue admitted. 

38. The allegations contained in Part 111 (38) of the Complaint are admitted. 

39. The allegations contained in Part TTI (39) of the Complaint are admitted, but it is 

denied that such discrepancy impacted the safe transport of the shipment. 

40. The allegations contained in Part Ifl (40) of the Complaint are admitted, but it is 

denied that such discrepancy impacted the safe transport of the shipment. 

41. The allegations contained in Part III (41) of the Complaint are admitted. 

42. The allegations contained in Part III (42) of the Complaint are admitted. 
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43. The allegations contained in Part III (43) of the Complaint are admitted. 

44. The allegations contained in Part III (44) of the Complaint are admitted, but it is 

denied that such discrepancy impacted the safe transport of the shipment. 

45. The allegations contained in Part IV (45) of the Complaint arc admitted, but it i.s 

denied that such discrepancies impacted the safe transport of the shipments. 

TTI 

46. The allegations contained in Section III (1) (a)-(k) of the Complaint are admitted, 

but it is denied that such discrepancies impacted the safe transport of the 

shipments. 

47. flic allegations contained in Section III (2) - (3) of the Complaint are denied. 

48. All other allegations not specifically addressed are hereby denied. 

RESPONDENT'S STATEMENT OF AFFIRMATIVE DEFENSES 

1. The Complaint fails to state a claim wiirranting the proposed penalty. 

Wherefore, Respondent, FEDERAT EXPRESS CORPORATION, rcspectfijlly 

requests that judgment be entered in its favor, and that the Amended Complaint imd civil 

penalty of the Federal Aviation Administration be dismissed with prejudice. 
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This ^ day of October, 2010. 

Cynthia Chandler-Sncll 

Senior Attorney - Regulatory Affairs 

Federal Exprcs.s Corporation 

3620 Hacks Cross Road 

Buildings, 3"^ Floor 

Memphis, TN 38125 

(901)434-8361 

(901) 434-8283 FAX 

CERTIFICATE OF SERVICE 

1 hcri^y cerlify that the foregoing An,«;wer has been .sent via Priority Overnight on 

this, the A day of October, 2010 to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Mr. Scott Morris, Attorney 

Federal Aviation Administration 

Office of the Regional Counsel (ANM-7) 

1601 Find Ave., S.W. 

Renton, WA 98057 

//PCynthia Chandler-Snell 

Senior Attorney - Regulatory Allairs 

Federal Express Corporation 

3620 Hacks Cross Road 

Building B, 3'" Floor 

Memphis, TN 38125 

(901)434-8361 

(901)434-8283 FAX