u.s. DEPARTMENT OF TRANSPORTATION REcEIvE 0 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

OFFICE OF HEARINGS 

WASHINGTON, DC 

NOV 1 2 2014 

HEARING DOCKET 

FAA DOCKET No. Not Assigned 

Federal Express Corporation FAA Case No.2014SW700042 

(Civil Penalty Action) 

Respondent 

DMS No. Not Assigned 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Federal Aviation Administration (hereinafter "FAA") 

files its complaint under Rule 208 of the Rules of Practice in 

FAA Civil Penalty Actions, 14 C.F.R. § 13.208 and states the 

following: 

I. 

By Notice of Proposed Civil Penalty dated July 14, 2014 and 

Final Notice of Proposed Civil Penalty dated October 29, 2014 

Federal Express Corporation was advised that the Federal 

Aviation Administration proposed to 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 from Austin, Texas to 

Fort Smith, Arkansas. 

2. The shipment consisted of two (1) one gallon cans of Tuffy 

Fast Dry F.F. Blue Paint. 

3. The paint was contained inside of a non-specification 

fiberboard box. One side of the box displayed two 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 regulated by the 

Department of Transportation Hazardous Material Regulations, 49 

C.F.R. 171 et. seq. (DOTHMR). 

6. The proper shipping name for Tuffy Fast Dry F.F. Blue Paint 

is Paint, hazard class 3, Packing Group II, UN1263. 

7. The shipment was assigned FedEx Express Airway bill tracking 

number 797609866023. 

8. The shipper was 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 accepted hazardous material for transportation by air 

in commerce when the material was not properly classed, 

described, packaged, marked, labeled, and in condition for 

shipment as required or authorized by applicable requirements of 

subchapter C, the hazardous material regulations. 

11. FedEx transported hazardous material for transportation by 

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 accepted hazardous material for transportation aboard 

an aircraft when the hazardous material was not described and 

certified on a shipping paper prepared in duplicate in 

accordance with part 172 or as authorized by subpart C of part 

171 of subchapter C, the hazardous material regulations. 

13. FedEx accepted hazardous material for transportation aboard 

an aircraft when the hazardous material was not marked and 

labeled in accordance with subparts D and E of part 172 or as 

authorized by subpart C of part 171 of subchapter C, the 

hazardous material regulations. 

II. 

14. By reason of the above FedEx violated the 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 

accepted hazardous material for transportation by air in 

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commerce when the material was not properly classed, described, 

packaged, marked, labeled, and in condition for shipment as 

required or authorized by 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 transportation by 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)] in that it 

accepted hazardous material for transportation aboard an 

aircraft when the hazardous material was not described and 

certified on a shipping paper prepared in duplicate in 

accordance with part 172 or as authorized by subpart C of part 

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 

accepted hazardous material for transportation aboard an 

aircraft when the hazardous material was not marked and labeled 

in accordance with subparts D and E of part 172 or as authorized 

by subpart C of part 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 civil penalty not 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 Federal Aviation 

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. 

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Respectfully submitted this lOili day of November 2014. 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

Please Note 

Pursuant to Title 14 CFR § 13.209(a), you are required to file a 

written answer to this Complaint, or a written motion 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 

Federal Aviation Administration 

600 Independence Avenue, SW 

Washington DC 20591 

Wilbur Wright Building-Suite 2W1000 

Washington, DC 20591 

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I 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 

Senior Attorney 

Regulatory Affairs 

Federal Express Corporation 

1700 Pennsylvania Avenue, N.W. 

Suite 950 

Washington, DC 20006 

Dated: November 10, 2014 

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