SERVED NOVEMBER 30,2010 .: sfiSn'ORTATlON 

• ^--rt'OPERATIONS 

2DiO W 30 P 2: 3 b 

u s DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

FEDERAL EXPRESS, INC. 

FAA DOCKET No. CP10NM0008 

(Civil Penalty Action) 

DMS FAA-2010-0792 

ORDER GRANTING MOTION 

IN PART 

Complainant Federal Aviation Administration ("Complainant") on November 3, 

2010, filed a Motion for Decision, or, in the alternative, for Summary Judgment limiting 

the hearing to the question of sanction ("Motion")'. It argues that Respondent has 

admitted the allegations of the Complaint and the violations charged therein. 

Complainant also asserts that its proposed civil penalty is reasonable. Complainant 

concludes that no issues of material fact remain and that it is entitled to judgment as a 

matter of law. The answer of Respondent Federal Express, Inc. ("Respondent")^ of 

November 18,2010, agrees that no genuine issue of material fact remains concerning the 

violations. It contends, however, that a real dispute exists as to the appropriateness of the 

civil penalty, and asks for a hearing on that issue. 

Complainant's Motion is granted insofar as it requests a Decision on the 

allegations of the Complaint and the violations asserted therein. Respondent has 

acknowledged that, as to these issues, no genuine dispute exists. But I will deny that 

' The fiill title of the Motion is "Motion for Decision, or in the alternative, Motion for Summary Judgment 

hereafter limiting the hearing to a determination as to the appropriate sanction." 

^ The full title of this pleading is "Federal Express's Response to Complainant's Motion for Decision, or in 

die Alternative, Motion for Summary Judgment hereafter Limiting the Hearing to a Determination as to the 

Appropriate Sanction." 
portion of Complainant's Motion requesting judgment in its favor on its civil penalty 

proposal. Respondent has shown that a genuine dispute exists as to the appropriateness 

of the proposed assessment. Complainant's motion in the alternative for summary 

judgment on all issues excepting penalty, then, is granted. 

In view of the foregoing, 

1. Complainant's Motion for Decision concerning the allegations of the 

Complaint and the violations charged therein is GRANTED; 

2. Complainant's Motion for Decision concerning the issue of civil penalty is 

DENIED; 

3. Complainant's alternative Motion for Summary Judgment hereafter limiting 

the hearing to a determination as to appropriate sanction is GRANTED; and 

4. The hearing in this matter, scheduled to begin on June 8, 2011 in Seattle, WA, 

will be limited to the issue of civil penalty. 

[j^dLuc^y C . (jy-oSt^^ 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
FAA Docket No. CP10NM0008 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000' 

ONE COPY 

David J. Bronczek, President 

Federal Express Corporation, Respondent 

nd Delivery Code 7622, Bldg G, 2 Floor 

3620 Hacks Cross Road 

Building B, 3"* Floor 

Memphis, TN 38125 

Cynthia Chandler-Snell, Respondent's 

Counsel 

Federal Express Corporation 

Regulatory Division 

3620 Hacks Cross Road 

Building B, 3''' Floor 

Memphis, TN 38125 

TEL: 901-434-8361 

FAX: 901-434-8283 

The Honorable Richard C. Goodwin, 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

Scott R. Morris, Complainant's Counsel 

Office of Regional Counsel 

Federal Aviation Administration 

Northwest Moimtain Region, ANM-7 

1601 Lind Avenue, S.W. 

Renton,WA 98057 

TEL: 425-227-1417 

FAX: 425-227-1007 

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

Federal Aviation Admmistration, 600 Independence Avenue, S.W., Wilbur Wright Building -Suite 2W1000, 

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