# RECEIVED U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS 

## MAR I 02017 FEDERAL AVIATION ADMINISTRATION

IN THE MATTER OF:

FEDERAL EXPRESS CORPORATION Respondent.
The Honorable J. E. Sullivan ) ) 

## HEARING DOCKET
) FAA DocketNo. 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 pursuantto sections 13.209 ofthe Rules ofPractice inFAA Civil Penalty Proceedings, 14 C.F.R. 

### § 13 .209, hereby answers the Federal Aviation Administration's ("FAA" or "Complainant") Complaint inpart. Respondent incorporates byreference it's Answerto the Complaint in part filed on September 291 h and hereby answers the remainder of the FAA's Complaint as directed bythe Administrative LawJudge's Order served February 28, 2017. 1
RESPONDENT'S ANSWERTO THE COMPLAINT IN PART Respondent hereby answers the FAA's Complaint inpart, and asserts as follows:

1 On September 29, 2015, Respondent filed an Answerto the Complaint inpart and a Motion to Dismiss the Complaint in Part. On February 281 \ 2017, the Administrative LawJudge denied Respondent's Motion to Dismiss in Part and ordered Respondent to file an Answer to Violation No. 1, specified as the alleged violation of49 C.P.R. 175.3 in the FAA's Complaint.1. Respondent admits the allegations contained in Section II, paragraph 5 ofthe FAA's Complaint. 2. Respondent admits the allegations contained in SectionII, paragraph 6 ofthe FAA's Complaint. 3. Respondent denies the allegations contained in Section II, paragraph 7 ofthe FAA's Complaint. 4. Respondent lacks knowledge or information sufficientto form a beliefabout the truth ofthe allegations contained in Section II, paragraph 8 ofthe FAA's Complaint, and demands strictproofthereof. 5. Respondent denies the allegations contained in Section II, paragraph 9 ofthe 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 SectionIII, paragraph 1(a) ofthe FAA's Complaint, that it violated 49 C.P.R. 

### § 175.3, and demands strictproofthereof. 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 ofthe 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 ofthe Complaint, do not, as a matter oflaw, support a violation, in whole and/or inpart, ofthe Department of Transportation Hazardous Materials Regulations. 2. The Complainant fails to state a claim warranting theproposedpenalty.
WHEREFORE, Respondent, by counsel, respectfullyrequests the Administrative Law Judge to enter an Order dismissing the Complaint inpart withprejudice and enteringjudgmentin favor ofRespondent. 

### 2Dated: March 9, 2017 Respectfully submitted, Federal Express Corporation



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**By.~//** 

### •. .·.· 

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# . . i/ Greg Stofko Attorney for Respondent 1700 PennsylvaniaAve., NW Suite 950 Washington, DC 20006 (202) 393-9285 greg.stofko@fedex.com

3CERTIFICATE 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 2W1000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Mr. 

### David Shayne, Attorney Enforcement Division, Western Team 1601 Lind Avenue, SW Renton, WA 98057 Hon. J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 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
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