OCT. 19.2012 4:31PM GRAY ROBINSON PA 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

NO. 7133 P. 2 

.}:PP..RTM!:NT OF .. ~ ~·;}~SPO~TATIO~J "- uvr\t T OPtRATIONS 

zm z ocr 2 b p 2: 2 3 

vs. 

BRAILLE BATIERY, INC., 

FAA Docket No. [to be assigned] 

FAA Case No. 2011S0700298 

FDMS No. FAA-201200781 

Respondent. 

ANSWER 

Respondent, BRAILLE BAT~ERY, INC. (''Respondent"), by and through its 

undersigned counsel, hereby flies its Answer in response to the Complamt flied by the 

FEDERAL AVIATION ADMINISTRATION (hereinafter «Petitioner"), and states as follows in 

answer to the corresponding numbered paragraphs in the Complaint: 

1, Admitted. 

2. Admitted that Respondent sought to ship a product on that date; otherwise denied. 

3. Admitted that Respondent sought to ship a product on that date; otherwise denied. 

4. Admitted. 

5. Respondent is without knowledge as to the allegations contained in Paragraph 5 

and as such denies them and demands strict proof thereof. 

6. Respondent is without knowledge as to the allegations contained in Paragraph 6 

and as such denies them and demands strict proof thereof. 

7(a). Admitted that Respo11dent sought to ship a Braille Micro-Lite, Lithium Ion 

battery; otherwise denied. 
OCT.19.2012 4:32PM GRAY ROBINSON PA NO. 7133 P. 3 

7(b). Admitted. 

7 (c). . Respondent is without knowledge as to the allegations contained in Paragraph 

7 (c) and as such denies then1 and demands strict proof thereof. 

8(a). · Respondent admits only that Respondent's Micro-Lite, Lithium Ion battery is 

subject to the U.S. Department of Transportation Hazardous Materials Regulations. 

8(b). Denied. 

8( c). Admitted. 

9. Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

10. Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

11. Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. . 

12. Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

13. Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

14. Denied. Respondent's employees were properly trained at all material times. 

15. Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

16(1). Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

16(2). Respondent denies the cited regulatioDB and stated requirements were applicable 

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OCT. 19.2012 4:32PM GRAY ROBINSON PA N0.7133 P. 4 

to said shipment; therefore denied. 

16(3 ). Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

16( 4 ). Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

16(5). Respondent denies the cited regulations and stated requll'ements were applicable 

to said shipment; therefore denied. 

16(6). Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

16(7). Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

16(8). Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

16(9). Respondent denies the cited regulations and stated requirements were applicable 

to said shipment~ therefore denied. 

16(1 0). Respondent denies the cited regulations a11d stated requirements were applicable 

to said shipment; therefore denied, 

16(ll).Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

16(12).ReSpondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

16(13).Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

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OCT.19.2012 4:32PM GRAY ROBINSON PA NO. 713 3 P. 5 

16(14).Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied . 

. 16(15).Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

16(16).Respondent denies the cited regulations and stated requirements were applicable 

to said shipment; therefore denied. 

17. Respondent denies that a fine pursuant to the cited statute is applicable or 

appropriate to be levied against Respondent. 

18. Denied. 

CHARLES R. FLETCHER, ESQ. 

Florida Bar No. 0093920 

charles.fletcher@gray-robinson.com 

GRA YROBINSON, P.A. 

201 N. Franklin Street, Suite 2200 

Tampa, Florida 33602 

(813) 273-5000 

Fax: (813) 273-5145 

Attorneys for Respondent 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished 

via electronic transmission (Gerald.Ellis@faa.gov) and via U.S. Mail to Gerald A. Ellis~ Esq., 

Office of the Regional Counsel, AS0-7, Federal Aviation Administration, P.O. Box 20636, 

Atlanta, GA 30320 and via facsimile transmission (202-493-5142) and FedEx to the following 

this on this (!1._ day of October, 2012: 

Federal Aviation Administration (original+ 1 copy) 

600 Independence Avenue) SW 

Wilbur Wright Building-Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

tl 33213S7 vl 

Attomey 

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