U.S. Department of Transportation Federal Aviation Administration Office ofthe Chief Counsel

BY PERSONALDELIVERY January 22, 2015 Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building- Suite 2Wl000 Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Re: DOTDocketNo. TBA, FAA case no. 2014NW720005 To Whom ItMay Concern: 800 Independence Ave., S.W. Washington, D.C. 20591 

# RECErVED JAN 2Z2015 

## HEARING DOCKET

Enclosed please find a copy ofFederal Express Corporation's request for hearing, dated January 16, 2015, and the original and one copy ofthe complaint inthe above-referenced proceeding. The Complainant requests thatthe hearing in this matter beheld in Washington, D.C. and expects thatthe hearing will last one (1) day. Please address all communications for the Complainant to Charles Raley, Attorney, Enforcement Division/AGC-300, Office ofthe ChiefCounsel, Federal Aviation Administration, 800 Independence Avenue, S.W., Washington, D.C. 20591, (202) 267-3357, facsimile (202) 267-5106. Sincerely, Peter Lynch Assistant ChiefCounsel
By:Cf2 Charles Raley, Attorney Office ofthe ChiefCounsel Cc by Certified Mail: Greg G. Stofko, Esq. FedExExpress 1700 PennsylvaniaAvenue, NW Suite 950 Washington, DC 20006In the matter of Before the U.S. Department ofTransportation Federal Aviation Administration

DocketNo. TBA 

# RECEIVED JAN 222015 HEARING DOCKET

FEDERAL EXPRESS CORPORATION ) ) ) ) ) ) FAA Case No. 2014NW720005 JudgeTBA

COMPLAINT Pursuantto 14 C.P.R.§§ 13.16 and 13.208, the Complainant, Federal Aviation Administration ("FAA"), hereby files this Complaint in the above-captioned matter. 

### I. Federal Express Corporation ("FedEx") was advised through a Final Notice of Proposed Civil Penalty onJanuary 6, 2015, that the FAA proposed to assess a civil penalty in the amount of$18,750 for violations ofDepartment ofTransportation Hazardous Materials Regulations ("HMRs"). By letter dated January 16,2015, FedEx requested a hearing in the above-captioned matter. 1 

### II. 1) FedExis a business entitythat regularly offers, accepts, or transports hazardous material ("HAZMA T"). 2) FedEx is also an air carrier with annual operating revenue of$100,000,000 or
more.

1 This letter was received by the Office ofChiefCounsel, EnforcementDivision on January 20, 2015. Attachment I. I

### 3) On October 17, 2013, a special agent from the FAA conducted a HAZMAT inspection at the FedExfacility located at the Portland International Airport (PDX) in Portland, Oregon. 4) The agent observed the following:
a. On or about October 17, 2013, a customer, ALS Tribology, offered
one (I) 

### shipment under FedExAir TrackingNumber 796918602972 for air transportation. b. The shipmenttraveling under FedEx Air Tracking Number 796918602972 contained material classified as UN1202, gas oil, class 3, Packing Group III.
c. This substance is classified as Hazardous Material (HAZMAT) under the Department ofTransportation Hazardous Materials Regulations (49 Code ofFederal Regulations (C.F.R.) Parts 171 et.

**~.).** 

### d. The shipmenttraveling under FedEx Air TrackingNumber 796918602972 did not meet the requirements of49 C.F.R. Section 173.4a in that it did not contain the required hash marks on all sides and did not indicate the class ofmaterial being transported. 5) By reason ofthe foregoing, FedEx violated the following HMRs:
a. Section 171.2(e), in that it accepted HAZMAT for transportation in
commerce within the United States when the material was not properly classed, described, packaged, marked, labeled, and in the condition for shipment required by the Hazardous Material Regulation (HMR); and



### 2b. Section 175.3, in that it accepted for transport aboard an aircraft and thereaftertransported HAZMA T that was not prepared for shipment in accordance with the HMR (49 C.F.R., Subtitle B, Chapter I, Subchapter C). III. In accordance with Section 5123(a) ofTitle 49 ofthe United States Code (Transportation) [49 U.S.C. 

### § 5123(a)], FedEx is liable for a civil penalty ofnot less than $450 for training violations, nor greater than $75,000 [$175,000 ifdeath, serious illness,
severe injury, or substantial property damage results] for each violation of49 U.S.C. § 5101 

### etseq., the Federal hazardous materials transportation law, or any regulation prescribed under this statute in the Department ofTransportation Hazardous Materials Regulations [49 C.P.R. Part 171 

### et seq.]. VI. Wherefore, the Complainantrespectfully requests that the Administrative Law Judge issue an OrderAssessing Civil Penalty in the amount of$18,750.
[Signature Page Follows]

3Respectfully submitted, Peter Lynch Assistant ChiefCounsel

for Enforcement 

# By:CJ!2

Charles Raley, Attorney Enforcement Division, AGC-300 Office ofthe ChiefCounsel Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Phone: (202) 267-3357 Facsimile: (202) 267-5106 Email: charles.raley@faa.gov

Dated: January 22,2015

4Certificate ofService I hereby certifythat on this date I have placed inthe U.S. mail, postage prepaid, certified return-receipt, a copy ofthe Complaint in the case ofIn the Matter ofFederal Express Comoration, FAA Case no. 2014NM720005, addressed to: Greg G. Stofko, Esq. FedExExpress 1700 Pennsylvania Avenue, NW Suite 950 Washington, DC 20006 In addition, I hereby certify that on this date I have delivered in person the original and one copy ofthe foregoing document to: Federal Aviation Administration 600 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000

Dated: January 22, 2015

5Attachment I@ 

## Express January 16, 2015
Hearing Docket Federal Aviation Administration 600 Independence Avenue S.W. WilburWright Building- Suite 2W1000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Legal Department 3620 Hacks Cross Road Building B, 3rd Floor Memphis,TN 38125 US 

# RECEiVED JAN 

# 222015 HEARING DOCKET

RE: Request for Formal Hearing- FAA Case Number: 2014NW720005 Dear Sir: Inresponse to the FinalNotice ofProposed Civil Penaltythat was issued inFAA case number 2014NW720005 and received by my office on January 9, 2015, Federal Express, in accordance with 14 CFR 13 .16(g)(2)(ii), respectfully requests a hearinginthis matter. A copy ofthis request is being sent to Charles Raley, FAA Headquarters, 800 Independence Avenue S.W., Washington, DC 20591. All correspondence regarding this matter should be sent to my attention at 1700 Pennsylvania Avenue, N.W., Suite 950, Washington, DC 20006. Ifthere are any questions, please call me at (202) 393-9285 or email greg.stofko@fedex.com. Sincerely, FEDERALEXPRESSCORPORATION 

# 6£. 7GC'



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### enior Att mey RegulatoryAffairs Office: (202) 393-9285 greg.stofko@fedex.com
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