RECEIVED U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS MAR I 0 2017 

FEDERAL AVIATION ADMINISTRATION 

IN THE MATTER OF: 

FEDERAL EXPRESS CORPORATION 

Respondent. 

The Honorable J. E. Sullivan 

) 

) 

HEARING DOCKET 

) FAA Docket No. 2015-3306 

) (Civil Penalty Action) 

) 

) 

) FDMS no. 2015-3306 

) 

RESPONDENT'S ANSWER TO THE COMPLAINT IN PART 

Respondent, Federal Express Corporation d/b/a FedEx Express ("Respondent" or 

"FedEx"), by counsel and pursuant to sections 13.209 of the Rules of Practice in FAA Civil 

Penalty Proceedings, 14 C.F .R. § 13 .209, hereby answers the Federal Aviation Administration's 

("FAA" or "Complainant") Complaint in part. Respondent incorporates by reference it's 

Answer to the Complaint in part filed on September 291

h and hereby answers the remainder of 

the FAA's Complaint as directed by the Administrative Law Judge's Order served February 28, 

2017. 1 

RESPONDENT'S ANSWER TO THE COMPLAINT IN PART 

Respondent hereby answers the FAA's Complaint in part, and asserts as follows: 

1 On September 29, 2015, Respondent filed an Answer to the Complaint in part and a Motion to 

Dismiss the Complaint in Part. On February 281

\ 2017, the Administrative Law Judge denied 

Respondent's Motion to Dismiss in Part and ordered Respondent to file an Answer to Violation 

No. 1, specified as the alleged violation of 49 C.P.R. 175.3 in the FAA's Complaint. 
1. Respondent admits the allegations contained in Section II, paragraph 5 of the 

FAA's Complaint. 

2. Respondent admits the allegations contained in Section II, paragraph 6 of the 

FAA's Complaint. 

3. Respondent denies the allegations contained in Section II, paragraph 7 of the 

FAA's Complaint. 

4. Respondent lacks knowledge or information sufficient to form a belief about the 

truth of the allegations contained in Section II, paragraph 8 of the FAA's Complaint, and 

demands strict proof thereof. 

5. Respondent denies the allegations contained in Section II, paragraph 9 of the 

FAA's Complaint. Specifically, Respondent denies that it "knowingly" accepted packages that 

were offered for transportation by aircraft that did not conform to the general requirements for 

transportation by aircraft as set forth in 49 C.P.R. 173.24(i) and 173.27, and demands strict proof 

thereof. 

6. Respondent denies the allegations contained in Section III, paragraph 1(a) of the 

FAA's Complaint, that it violated 49 C.P.R. § 175.3, and demands strict proof thereof. 

7. Respondent denies the allegations contained in Section III, paragraph 2 as it 

relates to the shipment referred to in Section II, paragraphs 5 through 9 of the FAA's Complaint. 

8. All other allegations not specifically addressed are denied. 

AFFIRMATIVE DEFENSES 

1. The facts set forth in Section II, paragraphs 5 through 9 of the Complaint, do not, 

as a matter of law, support a violation, in whole and/or in part, of the Department of 

Transportation Hazardous Materials Regulations. 

2. The Complainant fails to state a claim warranting the proposed penalty. 

WHEREFORE, Respondent, by counsel, respectfully requests the Administrative Law 

Judge to enter an Order dismissing the Complaint in part with prejudice and entering judgment in 

favor of Respondent. 

2 
Dated: March 9, 2017 

Respectfully submitted, 

Federal Express Corporation 

By.~// . ~z}/4f? •. .·.· .. . . i/ 

Greg Stofko 

Attorney for Respondent 

1700 Pennsylvania Ave., NW 

Suite 950 

Washington, DC 20006 

(202) 393-9285 

greg.stofko@fedex.com 

3 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing document has been sent via Federal Express to the 

following: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1 000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Mr. David Shayne, Attorney 

Enforcement Division, Western Team 

1601 Lind Avenue, SW 

Renton, W A 98057 

Hon. J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

Dated this 9th day of March, 2017. 

f qreg Stofko 

Attorney for Respondent 

1700 Pennsylvania Ave., NW 

Suite 950 

Washington, DC 20006 

(202) 393-9285 

greg.stofko@fedex.com 

4