## u.s. DEPARTMENT OF TRANSPORTATION

# REcEIvE0 FEDERAL AVIATIONADMINISTRATION

IntheMatter of: OFFICE OF HEARINGS WASHINGTON, DC 

## NOV1 22014 HEARINGDOCKET FAADOCKET No. NotAssigned FederalExpress Corporation FAACaseNo.2014SW700042 (Civil PenaltyAction) Respondent DMS No. NotAssigned

JUDGE NOT ASSIGNED 

### COMPLAINT The FederalAviationAdministration (hereinafter "FAA") files its complaint under Rule 208 of the Rules of Practice in FAA Civil PenaltyActions, 14 C.F.R. § 13.208 and states the following: I. ByNotice of Proposed Civil Penalty dated July 14, 2014 and Final Notice of Proposed Civil Penaltydated October 29, 2014 Federal Express Corporationwas advised that the Federal AviationAdministrationproposedto assess a civil penalty in the amount of $65,000.00. 1. On or about January 10, 2014, Federal Express Corporation ("FedEx") failed to inspect and improperly accepted a hazardous material shipment for air transportation fromAustin, Texas to Fort Smith, Arkansas. 2. The shipment consisted of two (1) one gallon cans of Tuffy Fast DryF.F. Blue Paint. 3. The paint was contained inside of a non-specification fiberboard box. One side of the box displayedtwo large orientation arrows. "PAINT" was printed on a second side of the box. 4. In transit, one of the cans leaked.5. Tuffy Fast Dry F.F. Blue Paint is regulatedbythe Department of Transportation Hazardous Material Regulations, 49 C.F.R. 171 et. 

### seq. (DOTHMR). 6. The proper shippingname for Tuffy Fast Dry F.F. Blue Paint is Paint, hazard class 3, Packing Group II, UN1263. 7. The shipment was assigned FedEx Express Airwaybill tracking number 797609866023. 8. The shipperwas Hanna Anderson, TCI Coatings, Inc., 220 Industrial Blvd., Austin, Texas 78745. 9. The consignee was Receiving, Air Compressor Equipment, 3401 Kelly HWY, Fort Smith, Arkansas, 72904. 10. FedEx acceptedhazardous material for transportationby air in commerce when the material was not properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorizedby applicable requirements of subchapter C, the hazardous material regulations. 11. FedEx transported hazardous material for transportationby air in commerce when the hazardous material was not transported in accordance with the applicable requirements of subchapter C, the hazardous material regulations. 12. FedEx acceptedhazardous material for transportation aboard an aircraft when the hazardous material was not described and certified on a shippingpaperprepared in duplicate in accordance withpart 172 or as authorizedby subpart Cofpart 171 of subchapter C, the hazardous material regulations. 13. FedEx acceptedhazardous material for transportation aboard an aircraft when the hazardous material was not marked and labeled in accordance with subparts DandE ofpart 172 or as authorizedby subpart Cofpart 171 of subchapter C, the hazardous material regulations.II. 14. By reason of the above FedEx violatedthe following Department of Transportation Hazardous Materials Regulations Title 49 of the Code of Federal Regulations):

a. Section 171.2(e), [49 C.F.R. § 171.2(e)] in that it acceptedhazardous material for transportationby air in 2commerce when the material was not properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorizedby applicable requirements of subchapter C, the hazardous material regulations. b. Section 171.2(f), [49 C.F.R. § 171.2(f)] in that it transported hazardous material for transportationby air in commerce when the hazardous material was not transported in accordance with the applicable requirements of subchapter C, the hazardous material regulations.

c. Section 175.30(a)(2), [49 C.F.R. § 175.30(a)(2)] inthat it accepted hazardous material for transportation aboard an aircraft when the hazardous material was not described and certified on a shipping paperprepared in duplicate in accordance withpart 172 or as authorizedby subpart Cofpart 171 of subchapter C, the hazardous material regulations. d. Section 175.30(a)(3), [49 C.F.R. § 175.30(a)(3)] in that it acceptedhazardous material for transportation aboard an aircraft when the hazardous material was not marked and labeled in accordance with subparts Dand E ofpart 172 or as authorized by subpart C ofpart 171 of subchapter C, the hazardous material regulations. III. Pursuant to Section 107.329 of the Hazardous Materials Transportation Law, as amended, [49 CFR § 107.329 and 49 U.S.C. § 5123(a)(1)] FedEx is liable for a civilpenaltynot to exceed $55,000 for each of the violations alleged. Under the facts and circumstances of this case, a civil penalty of $65,000.00 is appropriate. WHEREFORE, the Regional Counsel for the FederalAviation Administration, Southwest Region, respectfully requests that the Administrative Law Judge enter an Order that Federal Express Corporation be assessed a civil penalty in the amount of $65,000.00 for the violations alleged in this complaint.



### 3Respectfully submitted this lOili day of November 2014.

ERIC E. ANDERSON Regional Counsel Southwest Region

PleaseNote Pursuant to Title 14 CFR § 13.209(a), you are required to file a written answer to this Complaint, or a writtenmotion to dismiss if appropriate, not later than thirty (30) days after the date shown on the Certificate of Service which is attached to this document. CERTIFICATE OF SERVICE Re: Federal Express Corporation, FAA Case No. 2014SW700042 I hereby certify that on November 10, 2014, I have sent via Federal Express an executed original and one copy of the Complaint, addressed as follows: Hearing Docket Attention Hearing Docket Clerk FederalAviationAdministration 600 Independence Avenue, SW Washington DC 20591 Wilbur Wright Building-Suite 2W1000 Washington, DC 20591



### 4I further certify that on this date, I have sent via Federal Express a true copy of the Complaint, addressed as follows:

ERIC E. ANDERSON Regional Counsel Southwest Region Mr. Greg G. Stofko SeniorAttorney RegulatoryAffairs Federal Express Corporation 1700 PennsylvaniaAvenue, N.W. Suite 950 Washington, DC 20006

Dated: November 10, 2014

5