### OCT. 19.2012 4:31PM GRAY ROBINSON PA

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS FEDERAL AVIATION ADMINISTRATION 

### FEDERAL AVIATION ADMINISTRATION, Complainant, 

### NO. 7133 P. 2 

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## OF

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### T 

## OPtRATIONS 

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## p 2: 23

vs. 

### BRAILLE BATIERY, INC., FAA DocketNo. [to be assigned] FAA CaseNo. 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 numberedparagraphs 

### inthe Complaint: 

### 1, 

### Admitted. 2. Admitted that Respondent soughtto ship 

### a product onthat 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 

### inParagraph

### 5 and as such denies them and demands strict proofthereof. 6. Respondent is without knowledge as

### to the allegations contained 

### inParagraph 6 

### and as such denies them and demands strict

### proofthereof. 7(a). Admitted that 

### Respo11dent soughtto 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 

### inParagraph 7(c) and as such denies then1 and demands strictproofthereof. 8(a). · Respondent admits onlythat Respondent's Micro-Lite, Lithium Ion battery 

### is subjectto 

### the

### U.S. Department 

### ofTransportation Hazardous Materials Regulations. 

### 8(b). Denied. 

### 8(

c). Admitted. 

### 9. Respondent denies the cited regulations and statedrequirements were applicable to 

### said shipment; therefore denied. 

### 10. Respondent denies the cited regulations and statedrequirements 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 statedrequirements were applicable 

### to 

### said shipment; therefore denied. 

### 13. Respondent denies the cited regulations and statedrequirements were applicable to said shipment; therefore denied. 14. Denied. Respondent's employees wereproperly trained at all material times. 

### 15. Respondent denies the cited regulations 

## and statedrequirements were applicable to said shipment; therefore denied. 

### 16(1). Respondent denies 

### the cited regulations and statedrequirements were applicable 

### to said shipment; therefore denied. 

### 16(2). Respondent denies 

### the cited regulatioDB and 

### stated

### requirements were 

### applicable

2

### 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 citedregulations and statedrequirements 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 statedrequirements 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 citedregulations and stated requirements were applicable to said shipment; therefore denied. 16(9). Respondent

### denies the citedregulations 

### and stated requirements were applicable to said**shipment~** therefore denied. 16(1 0).Respondent denies the citedregulations a11d statedrequirements were applicable to said shipment; therefore denied, 16(ll).Respondentdenies the cited regulations and stated requirements were applicable to said shipment; therefore denied. 16(12).ReSpondent denies the citedregulations and stated requirements were applicable to said 

### shipment; therefore denied. 16(13).Respondent denies the citedregulations and statedrequirements were applicable to said shipment; therefore denied.

3

### OCT.19.2012 4:32PM 

## GRAY ROBINSON PA NO. 7133 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 BarNo. 0093920 charles.fletcher@gray-robinson.com GRAYROBINSON, 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 ofthe 

### 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 

### ofOctober, 2012: Federal Aviation Administration (original+ 

### 1 copy) 600 Independence Avenue) 

### SW Wilbur Wright Building-Suite2W1000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430

tl 33213S7 vl 

### Attomey
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