I 

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SERVED: FEBRUARY 10, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER 0 F 

FEDERAL EXPRESS CORPORATION 

DOCKET NO. FAA-2014-1118 

(Civil Penalty Action) 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

ESTABLISHING PROCEDURES 

This proceeding arises from a complaint served January 22, 2015, alleging violations of 

the Department of Transportation Hazardous Materials Regulations ("HMR"), and Respondent's 

request for hearing dated January 16, 2015. The undersigned administrative law judge was 

assigned to this proceeding by Notice served February 10,2015. 

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

Federal Aviation Regulations (14 C.P.R.§§ 13.201-13.235 (2014)). Those rules provide, inter· 

alia, that Respondent must file a written answer or motion within 30 days after service of the 

complaint(§ 13.209(a)); that a general denial is deemed a failure to file an answer(§ 13.209(e)); 

that failure to file an answer without good cause is deemed an admission of each allegation in the 

complaint(§ 13.209(f)); and that a party seeking an extension of time must file a written motion 

at least seven days before the document is due, absent agreement of the parties or good cause 

shown(§ 13.213(a), (b)). 

To expedite the hearing in this matter, Complainant and Respondent, on or 
beforeMarch 10,2015, shall file (1) any amendment ofthe complaint or answer; 1 (2) an agreed 

or separate proposed procedural schedules, including proposed dates (i.e., specific dates, not 

merely numbers or days before the hearing) for (a) filing stipulations, a list of witnesses, a 

summary of their proposed testimony, and for (b) exchanging exhibits and discovery, if any; 

(3) a statement concerning the status of settlement efforts; and (4) a proposed hearing site and, 

absent agreement ofthe parties, a justification of the proposed site. See 14 C.F.R. § 13.217. 

Under FAA Order 2150.3B2 and the Rules governing these proceedings, Complainant 

and Respondent should continue to consider the possibility of settlement and compromise of this 

matter.3 In connection with such discussions, the parties should note that FAA Order 2150.3B, 

which establishes standards for the Complainant's conduct and settlement of this proceeding, is 

available on the Intemet.4 See, in particular, chapter 6 (Legal Enforcement Actions and Legal 

Counsel Responsibilities); and either (a) Appendix B (Table of Sanctions for All Enforcement 

Programs, Except Hazardous Materials), pages B-1-B9 (Part One- Abbreviations and 

Definitions) and those portions of Part Two- Sanction Guidance Tables, which apply to 

1 Further amendments are not anticipated absent good cause shown. Though 14 C.P.R.§ 13.214(b)(l) pennits 

amendments at any time more than 15 days before a hearing, utilization of that provision would prevent orderly preparation for a hearing and could prevent any hearing at all, because notice of a hearing must be given 60 days in advance. 

§ 13.221 (a). An amendment that might be filed 15 days prior to the hearing would entitle the other party up to 20 days in 

which to reply(§ 13.214(c)), and could generate a new round of schedules(§ 13.217), motions(§ 13.218); and discovery 

(§ 13.220), necessitating a postponement of the hearing, a new 60-day notice, etcetera ad infinitum. 2 FAA Compliance and Enforcement Program (Oct. 1, 2007, with Change 8, dated Jan. 20, 2015), available at 

http://www.faa.gov/documentLibrary/media/Order/2150.3B_ W-Chg_8.pdf (last visited Jan. 10, 2015). 3 See Linda Joyce Goodman, FAA Docket No. CP89WP0061, FDMS No. FAA-2004-18292, at 11 (May 30, 

1989), available at www .regulations.gov (concluding that "the prosecuting agency attorney must consider settlement and that the Rules do not permit the Chief Counsel to exercise policy control or decision making in this case or 

in civil penalty cases generally so as to deny prosecutorial discretion with respect to settlement and compromise to 

the agency attorney as defined in the rules"). See also Exec. Order No. 12,988, 61 Fed. Reg. 4 729 (Feb. 5, 1996), 

which refers to facilitating the just and efficient resolution of civil claims involving the United States Government 

and directs Federal agencies and their litigation- counsel to, "as soon as practicable after ascertaining the nature of a 

dispute in litigation, and throughout the litigation, ... evaluate settlement possibilities and make reasonable efforts 

to settle the litigation." See also FAA Order 2150.3B, supra note 2, at paragraph 6-2. 4 See supra note 2. Alternatively, go to www.faa.gov; select, under "Regulations and Guidelines," "Orders & 

Notices"; enter "2150.3B" in search window under "Orders & Notices"; click "Search"; click "FAA Compliance 

and Enforcement Program (with Change 8)"; and, under "Content," select the first entry, which should be "FAA Order 2150.38 -with change 8." 

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particular allegations not involving hazardous materials; or (b) Appendix C (Hazardous 

Materials Enforcement). Upon request of Respondent, Complainant shall provide Respondent a 

copy of the applicable referenced provisions. 

Submissions sent to the street address of the U.S. Department of Transportation, Office of 

Hearings, by regular mail may be delayed up to four weeks due to postal screening, and may be 

"irradiated," which may result in pages being fused together. Accordingly, parties who serve 

submissions on the Judge by regular mail should also fax, express carrier, or personally deliver 

those submissions. A certificate of service, reflecting the above caption (including the docket 

number), the title of the submission, and the date and manner of service, shall be attached to each 

individual submission. 

Compromise may be effected with or without a finding of violation(§ 13 .16(n)). Each 

party's filing shall include a telephone number where the party can be reached by the Judge for 

prehearing telephone conferences. 

SO ORDERED. 

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SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0005 

Greg G. Stofko, Respondent's Counsel 

Legal Department 

FedEx Express 

1700 Pennsylvania Avenue, N.W. 

Suite 950 

Washington, DC 20006 

TEL: 202-393-9285 

EMAIL: gregstofko@fedex.corn 

Charles Raley, Complainant's Counsel 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

TEL: 202-267-3357 

FAX: 202-267-5106 

ONE COPY 

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

Docket No. FAA-2014-1118 

(Civil Penalty Action) 

5 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, 

DC 20591, Attention: Hearing Docket Clerk, AGC-430.