### U.S. DEPARTMENT OF TRANSPORTATION

# RECEIVED FEDERALAVIATIONADMINISTRATION 

## AUG1 72015 OFFICE OF HEARINGS WASHINGTON, DC 

## HEARINGDOCKET
In theMatter of: FAADOCKET No. FAA 2014-0864 (Civil PenaltyAction) Federal Express Corporation Respondent FDMS No. FAA 2014-0864
Honorable RichardC. Goodwin 

### AMENDED COMPLAINT The FederalAviationAdministration (hereinafter "FAA") files its Amended Complaint under Rule 208 of the Rules of Practice in FAA Civil PenaltyActions, 14 C.F.R. § 13.208 and states the following: I. By Notice of Proposed Civil Penalty dated July 14, 2014 and Final Notice of Proposed Civil Penaltydated October 29, 2014 Federal Express Corporation was advised that the Federal AviationAdministrationproposed to assess a civilpenalty in the amount of $65,000.00. 1. On or about January 10, 2014, Federal Express Corporation ("FedEx") failed to inspect and improperly accepted a hazardous material shipment for air transportation fromAustin, Texas to Fort Smith, Arkansas. 2. The shipment consisted of two (1) one gallon cans of Tuffy Fast Dry F.F. Blue Paint. 3. The paint was contained inside of a non-specification fiberboard box. One side of the box displayed two large orientation arrows. "PAINT" was printed on a second side of the box. 4. In transit, one of the cans leaked.5. Tuffy Fast Dry F.F. Blue Paint is regulatedby the Department of Transportation Hazardous Material Regulations, 49 C.F.R. 171 et. seq. (DOT HMR). 6. The proper shipping name for Tuffy Fast Dry F.F. Blue Paint is Paint, hazard class 3, Packing Group II, UN1263. 7. The shipment was assigned FedEx Express Airwaybill tracking number 797609866023. 8. The shipper was Hanna Anderson, TCI Coatings, Inc., 220 Industrial Blvd., Austin, Texas 78745. 9. The consignee was Receiving, Air Compressor Equipment, 3401 KellyHWY, Fort Smith, Arkansas, 72904. 10. FedEx acceptedhazardous material for transportationby air in commerce when thematerial was not properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorizedby applicable requirements of subchapter C, of the hazardous material regulations. 11. FedEx transportedhazardous material for transportation by air in commerce when the hazardous material was not transported in accordance with the applicable requirements of subchapter C, of the hazardous material regulations. 12. FedEx acceptedhazardous material for transportation aboard an aircraft when the hazardous material was not described and certified on a shipping paper prepared in duplicate in accordance withpart 172 or as authorizedby subpart Cof part 171 of subchapter C, of the hazardous material regulations. 13. FedEx failed to inspect hazardous material immediately before placing it in a unit loaddevice or a palletprior to loading it aboard the aircraft. 14. FedEx acceptedhazardousmaterial for transportation aboard an aircraft when the hazardous material was notmarked and labeled in accordance with subparts Dand E of part 172 or as authorizedby subpart C ofpart 171 of subchapter C, of the hazardous material regulations.



### 2II. 15. By reason of the above FedEx violated the following Department of Transportation Hazardous Materials Regulations Title 49 of the Code of Federal Regulations):
a. Section 171.2(e), [49 C.F.R. § 171.2(e)] in that it accepted hazardous material for transportationby air in commerce when the material was not properly classed, described,
···packaged,·marked,·lahe-lceel,-aRdin condil'ionforshipment as required or authorizedby applicable requirements of subchapter C, of the hazardous material regulations. b. Section 171.2(f), [49 C.F.R. § 171.2(f)] in that it transportedhazardous material for transportationby air in commerce when the hazardous material was not transportedin accordance with the applicable requirements of subchapter C, of the hazardous material regulations.
c. Section 175.3, [49 C.F.R. § 175.3] in that it accepted hazardous material for transportationby air that was not prepared in accordance with this subchapter. d. Section 175.30(a)(2), [49 C.F.R. § 175.30(a)(2)] in that it acceptedhazardous material for transportation aboard an aircraft when the hazardous material was not described and certified on a shipping paperprepared in duplicate in accordance withpart 172 or as authorizedby subpart C ofpart 171 of subchapter C, of the hazardous material regulations.
e. Section 175.30(a)(3), [49 C.F.R. § 175.30(a)(3)] in that it acceptedhazardous material for transportation aboard an aircraft when the hazardous material was not marked and labeled in accordance with subparts Dand E ofpart 172 or as authorized by subpart C ofpart 171 of subchapter C, of the hazardous material regulations. f. Section 175.30(b)(2), [49 C.F.R. § 175.30(b)(2)] in that failed to inspect hazardous material immediatelybefore placing it in a unit loaddevice or a pallet prior to loading it aboard the aircraft. III. Pursuant to Section 107.329 of the Hazardous Materials TransportationLaw, as amended, [49 CFR § 107.329 and 49 U.S.C.

3§ 5123(a)(1)] FedEx is liable for a civil penaltynot to exceed $75,000 for each of the violations alleged. Under the facts and circumstances of this case, a civil penalty of $65,000.00 is appropriate. WHEREFORE, the FederalAviationAdministration, respectfully requests that the Administrative Law Judge enter an Order that Federal Express Corporationbe assessed a civil penaltcyin tlle amount··of $65,000.00 for··the·violations·alleged in this complaint.

Respectfully submittedthis 11thday ofAugust 2015.

Peter J. Lynch Assistant Chief Counsel for Enforcement

es Archier, SeniorAttorney nforcement Division, Southwest Team Federal AviationAdministration 10101 Hillwood Parkway Fort Worth, Texas 76177 E-mail: james.archier@faa.gov Telephone: (817) 222-5099 (Main) (817) 222-5074 (Direct) (817) 222-5945 (Fax)
PleaseNote Pursuant to Title 14 CFR § 13.209(a), you are required to file a written answer to this Amended Complaint, or a written motion to dismiss if appropriate, not later than thirty (30) days after the date shown on the Certificate of Service which is attached to this document.

4CERTIFICATE OF SERVICE Re: Federal Express Corporation, FAA Case No. 2014SW700042 I hereby certify that on this day, I have sent via Federal Express an executed original andone copy of the Amended Complaint, addressed as .foll·OWB·: Hearing Docket Attention Hearing Docket Clerk Federal Aviation Administration 600 Independence Avenue, SW Washington DC 20591 Wilbur Wright Building-Suite 2W1000 Washington, DC 20591 I further certify that on this date, I have sent via Federal Express a true copy of the Amended Complaint, addressed as follows to:

TEL: (202) 393-9285 FAX: (202) 628-0654 Mr. Greg G. Stofko SeniorAttorney RegulatoryAffairs Federal Express Corporation 1700 Pennsylvania Avenue, N.W. Suite 950 Washington, DC 20006

EMAIL: greg.stofko@fedex.com

TEL: (202) 496-7356 Allan H. Horowitz McKenna Long &Alridge LLP 1900 KStreet, NW Washington DC 20006

EMAIL: ahorowitz@mckennalong.com

5Honorable Richard C. Goodwin U.S. Administrative Law Judge Office of Hearings, M-20 U.S. Department of Transportation 1200 New JerseyAvenue, S.E. (Ell-310) Washington, DC 20590 Attn: PatriciaMatthews (Richard.Goodwin@dot.gov

TEL: (202) 366-5121 StaffAssistant FAX: (202) 366-7536

Peter J. Lynch Assistant Chief Counsel for Enforcement

s Archier, SeniorAttorney nforcement Division, Southwest Federal AviationAdministration 10101 Hillwood Parkway FortWorth, Texas 76177 E-mail: james.archier@faa.gov Telephone: (817) 222-5099 (Main) (817) 222-5074 (Direct) (817) 222-5945 (Fax)

6 Dated: August 11, 2015