12/07/201 0 17:0 2 FAX 2024935142 FAA •s- DMS 

WILKERSON 

HOZUBIN 

•ti«K$TiU£r.suirt-tos 

ANCHORACEAKM501 

TEL: t»«7) 2T<i-!t2S7 

fA>::(9l)7>2l«2SI 

U.S . DEPAPsTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

@1001/00S 

vs^RTMENT OF 

aNSPORMTlON 

•:^r'OPERATION 

-"^"c-e A q: 

I n th e Matte r of; 

TGI FREIGHT 

) 

) 

)FAA Docke t No. CP10NM0012 

)DMS NO. FAA-2010-1079 

)Judg e RICHARD C. GOODWIM 

AtTSWER 

CC3ME.S NOW TGT Freight., l..hr-ouyh counsel, Wiikerson llozubin, 

and answers the Complaint, pursuant to 14 C.F.R. § 13.209, as 

follows: 

T . 

TGI FreiyhL admits the procedural outline as ^ct forth in 

paragraph I of the Comp.Laint. 

II. 

1. TGI Freight denies that the alleqations/stcps as set 

forLh in paragraph J, Section II, of the Complaint were 

neces-sary, because neither the inner nor Lhe outer packaqinq 

from the manufacturer had been marked and/or labeled correctly, 

and the original documentation from the manufacturer was not 

available. 

2. TGI denies thai Unitex fro-Foxy is an "'adhesive." 

TGI Freight is without informatior sufficient to admit or deny 

the remainder of allegation.^ in paragraph 2, Section TT, of the 

Complaint and, therefore, denies the same. 
12/07/2010 17:02 FAX 2024935142 FAA + DM S @1002/00G 

WILKERSON 

HOZUBIN 

310 K !>T1UiET, SUITE 105 

ANCHURAUt, AK OSSOI 

TtL: (W7) 21«iZ n 

FAX; (DOT) r7l«il!91 

3. TGI I''reiyhL denies the allegations set forth in 

paragraph 3, Section TI, of the Complaint. 

4. TGI Freight denies that the allegations/steps as set 

forth in paragraph 4, Section II, of the Complaint were 

necessary, because neither- the inner nor the outer packaging 

Irom the manufacturer had been marked and/or labeled correctly, 

arid the original documentation from the man):facturcr was not 

available. 

b. TGI Freight denies that the allegations/^teps as set 

forth in paragraph 5, Section II, of the Complaint were 

necefifiary, because neither the inner nor the. outer packaging 

from the manufacturer had been marked and/or labeled correctly, 

and the original documentation from the manufacturer was not 

available. 

5. TGT Freight denies that the allegations/steps as set 

forth in paragraph 6, Section II, of the Complaint were 

necessary, because neither the inner nor the outer packaging 

from the manufacturer had been marked and/or labeled correctly, 

and the original documentation from the manufacturer was not 

available, 

7. TGI Freight denies that the a 1.1 egat ions/steps as set 

forth in paragraph 7, Section II, of the Complaint were 

necessary, because neither the inner nor the outer packaging 

Answer 

111 Lhe MalLer of TCI Frr;ig_ht 

Docket No. CP10NM0017 
12/07/201 0 17:0 2 FAX 2024935142 FAA •> DMS 2)003/006 

WILKERSON 

HOZUBIN 

310 K S'lUU.I',.SUITE 405 

ANQ lOR ACJ^., AK »<iaoi 

'I'1;L! <!I«7> 2T«..Y2D; 

FAX: (MT) 2T«.ft2<)l 

froni the iiianulacturer had bee.n marked and/or labeled correctly, 

and the original documentation from the manufacturer was not 

ava.il able. 

fi, TGI Freight denies that the.allegations/steps as set 

forth in paragraph 8, Section II, of the Complaint were 

necessary, because neither the inner nor the outer packaging 

from the xnanulacturcr had been m.arked and/or labeled correctly, 

and the original documentation from the m.anufacturer was not 

available. 

9. TGI Freight denies that the allegations/steps as set 

forth in paragraph 9, Section 11, of the Complaint were 

nece.y5ary, because neither the inner nor the outer packaging 

from the manufacturer had been marked and/or labeled correctly, 

and the original documentation from the manufacturer was not 

available. 

10. TGI Frei.ght denies that the allegations/steps as set 

forth in paragraph 10, Section II, of the Complaint were 

necessary, because neithei- th.e inner nor the outer packaging 

from the manufacturer had been marked and/or labeled correctly, 

and the original documentation from the manufacturer was not 

available. 

11. TCI Freight denie.s Lliat the allegations/steps as set 

forth in paragraph 11, Section II, of the Complaint were 

Answer 

In th(; Mai:r.er of I'Gl Freight 

Ooc.kfst No. CP10NM0012 

raqe H 
12/07/201 0 17:0 2 FAX 2024935142 FAA -> DMS g|004/00G 

WILKERSON 

HOZUBIN 

tiu K STRECi'i surn: tos 

ANCMOB AGE, A K 99501 

TEL- p«7) niiS'Sfl 

FAX: (MT) J7S.52V1 

necessary, because neither the inner nor the outer packaging 

from the manufacturer had been marked and/or labeled correctly, 

and the original documentation from the manufacturer was not 

available -

III. 

1. TGI Freigh-: denies the allegations set forth in 

paragraph 1, Section III, of the Complaint, including 

subsections (a) through (m). 

TV. 

1. TGI Freight denies the allegations set forth in 

paragraph 1, Section TV, of the Complaint. 

2. TGT Freight denies the allegations set forth .in 

paragraph 2, Section TV, of the Complaint. 

AFFIRMATIVE DEFENSES 

1. Failure to join an indispensable party. 

2. Any alleged violation was the result, in whole or in 

part, of the actions of third parties over whom answering 

respondent has no right or duty of control. 

3. The produet shipped was not ah ''adhesive," 

4. The product was a limited quantity and, based on 

172.604(d) of the HMR, does not require a telephone number in 

the ."ihippinq papers. 

An.'.wp. r 

I n Lhe M,^T.Ter of TGI Fr g i qhL 

Docke t No. CPiONMO'm';^' 

PrToe 1 
12/07/2010 17:02 FAX 2024935142 FAA •>• DM S @1005/00G 

WILKERSON 

HOZUBIN 

ii« K ."fiRnrr, SUITE <O5 

ANCHOR AGE. AK .1!>S0I 

T H J <9«T> 2T«-S295 

FAX: (!WT) 276-52SI 

5. The manufacturer did not properly mark or label the 

inner or outer packaging when it was shipped. 

6. TGI Freight reserves the right to allege additional 

affirmative defenses a.s they become known. 

WHEREFORE, TGI Freight prays for the following relief: 

1. A hearing in Anchorage; 

7 . The Complaint be dismis.fied with prejudice; 

3. TGI Freight be awarded its cost.'^ and fees incurred in 

defending this action; and 

4. For such other relief as the Court deems equitablerxt'' DATED this Z. day of December, 2010. 

WILKERSON HOZUBIN 

Attorneys for TGI 

By: 

CERTIFICATE OF SERVICE 

T hereb y coiLil Y tha t nn Lhe 

2ricl drTy oC Deccmt.".";/-, 2010 , a tru<r 

and correc - fop y o f th e f'oieqoin q 

was sorve d on th e following : 

Origina l Plu s 1 Cqpy-VIA FEDERAL EXPRESS 

federa l Aviatio n AdmLniaLratio n 

600 1 (idependcnr:?! Avenue , S.W. 

Washingrofi, UC 20.'-)41 

Attn : U^.nrinq DockivL Clerk , ACC-A30 

Wiitiu r Wrigh t Buil d i ng-.yuit e '/iWl 000 

1 Copy-VIA FEDERAli EXPRESS 

The; Honox-sbic Richor d C. Gnciciw^n, Administ ra Liv e Law Jiirii]e 

U.S . Departmp.nr oC T'ranapor'LtiLlon 

Officro o r Hearing."?, M-20 

!?()() New Jor-TC-y Avenue , .S.F,. 

F.tj:.-ii. liuiJ.dinrj, Groun d Flyyi , !?.oom E17-".120 

Washinglyn , DC '/.Ob^O 

An.?wer 

i n th e Mr^trer of TCI Freigh L 

Docke t Ny. CPlONMCloi? 

PrJOl^ .5 
12/07/2010 17:02 FAX 2024935142 FAA + DMS lOOG/00 6 

WILKERSON 

HOZUBIN 

310 IC STREET. SITTE MS 

ANCHORAGE, AK tiSSOl 

T O : (507) 17«.52»7 

FAX: (fXir) 2T(W>'M1 

One Copy-VIA HAND DEIilVERY 

Howard I.. Martin, Jr, 

ReG-ioiisl Counsel, Offi.cy of Regicnai Counsel 

Alaska Region 

Federal AvidLxon Adniini .strnn nn 

22' ^ Wfd'.'r-t 7^'^ Av e 1-1 u c JM^l 

Ancliuraqe , AK <->'-).Sl'3-r7!,C7 

One Copy-VIA HAMD DELIVERY 

Chery l M. Jonffi:', !" r . Attorne y 

Ofl"ir.e o f Regiona l Coun;-^^! 

A]i.'5kci Keqio n 

federa l Ay.idLiun Adniirii.strflti nn 

222 Wenr 7^" Avenu e #14 

A n c Vi 0 1 d I.) e, A K '-J 9! > 1 :•! - 7 .S M 7 

AAL-7 

WILKEr<-SpN_ HOZUBiN 

Cafoi L.' Mt-lWic 

D100,"ja?./picad/Arj3w=r 

Anfiwei 

Jj]_,the Mattftr oT TGI Freight 

Docker. Nn. CP10NM0012 

Page 6