IFC BlVEo 

JUL 15 2010 

UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION EARING DOCKET 

In the Matter of: 

Federal Express Corporation 

Respondent 

The Honorable Richard C. Goodwin 

FAA Docket No. CP10GL0004 

FAA Case No. 2009GL700354 

RESPONDENT'S ANSWER TO COMPLAINT AND S; 

STATEMENT OF AFFIRMATIVE DEFENSES ~ g 

Respondent Federal Express Corporation (d/b/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: 

I 

1. The allegations contained in Section I (1) of the Complaint are admitted. 

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

3. The allegations contained in Section I (3) of the Complaint are admitted. 

4. The allegations contained in Section I (4) of the Complaint are denied. 
5. The allegations contained in Section I (5) of the Complaint are admitted, but 

with regard to the Cargo Aircraft Only Label, Respondent states that the 

shipment was never on a passenger aircraft. Respondent is a cargo air carrier 

only and, accordingly, the shipment would not have been transported on a 

passenger aircraft. Additionally, Respondent's policy specifically prohibits 

any dangerous goods from being transported on passenger aircraft for 

expediting purposes (excluding dry ice). In fiirther response. Respondent 

states that the EX number was included but the prefix "EX" was inadvertently 

omitted. The number itself, however, was present. 

6. In response to the allegations contained in Section I (6) of the Complaint, 

Respondent admits only that it accepted and transported the subject shipment 

by air. All other allegations are denied. 

7. In response to the allegations contained in Section I (7) of the Complaint, 

Respondent admits only that it accepted and transported the subject shipment 

by air. All other allegations are denied. 

IV (sic) 

8. The allegations contained in Section IV (A) - (C) of the Complaint are denied. 

9. All other allegations not specifically addressed are hereby denied. 
RESPONDENT'S STATEMENT OF AFFIRMATIVE DEFENSES 

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

2. The Complaint fails to state a claim upon which relief may be granted. 

Wherefore, Respondent, FEDERAL EXPRESS CORPORATION, respectfully requests 

that judgment be entered in its favor, and that the Complaint and civil penalty of the 

Federal Aviation Administration be dismissed with prejudice. 

This [ 3 day of July, 2010. 

Cynthia Chandler-Snell 

Senior Attorney - Regulatory Affairs 

Federal Express Corporation 

3620 Hacks Cross Road 

Building B, 3''' Floor 

Memphis, TN 38125 

(901)434-8361 

(901) 434-8283 FAX 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Answer has been sent via Priority Overnight on 

this, the f Ij^ day of July, 2010 to: 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Ms. Kate Barber 

Attorney 

Federal Aviation Administration 

Office of the Regional Counsel - Great Lakes Region 

2300 East Devon Avenue 

DesPlaines,IL 60018 

.ynthia Chandler-Snell 

Senior Attorney - Regulatory Affairs 

Federal Express Corporation 

3620 Hacks Cross Road 

Building B, 3"* Floor 

Memphis, TN 38125 

(901)434-8361 

(901) 434-8283 FAX