U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Office of the Chief Counsel 

BY PERSONAL DELIVERY 

January 22, 2015 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2Wl 000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Re: DOT Docket No. TBA, FAA case no. 2014NW720005 

To Whom It May Concern: 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

RECErVED 

JAN 2 Z 2015 

HEARING DOCKET 

Enclosed please find a copy of Federal Express Corporation's request for hearing, dated 

January 16, 2015, and the original and one copy of the complaint in the above-referenced 

proceeding. The Complainant requests that the hearing in this matter be held in 

Washington, D.C. and expects that the hearing will last one (1) day. 

Please address all communications for the Complainant to Charles Raley, Attorney, 

Enforcement Division/AGC-300, Office of the Chief Counsel, Federal Aviation 

Administration, 800 Independence Avenue, S.W., Washington, D.C. 20591, (202) 267-3357, 

facsimile (202) 267-5106. 

Sincerely, 

Peter Lynch 

Assistant Chief Counsel 

By:Cf2 

Charles Raley, Attorney 

Office of the Chief Counsel 

Cc by Certified Mail: Greg G. Stofko, Esq. 

FedEx Express 

1700 Pennsylvania Avenue, NW 

Suite 950 

Washington, DC 20006 
In the matter of 

Before the U.S. Department of Transportation 

Federal Aviation Administration 

Docket No. TBA 

RECEIVED 

JAN 2 2 2015 

HEARING DOCKET 

FEDERAL EXPRESS 

CORPORATION 

) 

) 

) 

) 

) 

) 

FAA Case No. 2014NW720005 

JudgeTBA 

COMPLAINT 

Pursuant to 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 on January 6, 2015, that the FAA proposed to assess a civil 

penalty in the amount of$18,750 for violations of Department of Transportation 

Hazardous Materials Regulations ("HMRs"). By letter dated January 16,2015, FedEx 

requested a hearing in the above-captioned matter. 1 

II. 

1) FedEx is a business entity that 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 of Chief Counsel, Enforcement Division on January 20, 2015. 

Attachment I. 

I 
3) On October 17, 2013, a special agent from the FAA conducted a HAZMAT 

inspection at the FedEx facility 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 FedEx Air Tracking Number 796918602972 

for air transportation. 

b. The shipment traveling 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 of Transportation Hazardous Materials Regulations 

(49 Code of Federal Regulations (C.F.R.) Parts 171 et. ~.). 

d. The shipment traveling under FedEx Air Tracking Number 

796918602972 did not meet the requirements of 49 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 of material being transported. 

5) By reason of the 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 

2 
b. Section 175.3, in that it accepted for transport aboard an aircraft and 

thereafter transported 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) of Title 49 of the United States Code 

(Transportation) [49 U.S.C. § 5123(a)], FedEx is liable for a civil penalty of not less than 

$450 for training violations, nor greater than $75,000 [$175,000 if death, serious illness, 

severe injury, or substantial property damage results] for each violation of 49 U.S.C. § 

5101 et seq., the Federal hazardous materials transportation law, or any regulation 

prescribed under this statute in the Department of Transportation Hazardous Materials 

Regulations [49 C.P.R. Part 171 et seq.]. 

VI. 

Wherefore, the Complainant respectfully requests that the Administrative Law 

Judge issue an Order Assessing Civil Penalty in the amount of$18,750. 

[Signature Page Follows] 

3 
Respectfully submitted, 

Peter Lynch 

Assistant Chief Counsel 

for Enforcement 

By:CJ!2 

Charles Raley, Attorney 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

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 

4 
Certificate of Service 

I hereby certify that on this date I have placed in the U.S. mail, postage prepaid, 

certified return-receipt, a copy of the Complaint in the case of In the Matter of Federal 

Express Comoration, FAA Case no. 2014NM720005, addressed to: 

Greg G. Stofko, Esq. 

FedEx Express 

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 of the 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 2Wl 000 

Dated: January 22, 2015 

5 
Attachment I 
@ 

Express 

January 16, 2015 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue S.W. 

Wilbur Wright Building- Suite 2W1 000 

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 2 2 2015 

HEARING DOCKET 

RE: Request for Formal Hearing- FAA Case Number: 2014NW720005 

Dear Sir: 

In response to the Final Notice of Proposed Civil Penalty that was issued in FAA 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 hearing in this matter. 

A copy of this 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£. 7

GC' ~/~ 0 

g <:t.-st 0 . 

enior Att mey 

Regulatory Affairs 

Office: (202) 393-9285 

greg.stofko@fedex.com 

cc: Charles Raley 

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