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KYLEE.LOMAZOW 

FEDEKAI. AVIATION ADMBJISTRATION 

OFFICE OF REGIONAL COUNSEL 

1601LINDAVE,,SW 

RENTON, WASHIKOTON 98057 

TELEPHONE; 425.227,1847 

FACSIMILE: 425.227.1007 

rARTMENTOF_ 

^••!?;PORWION^ 

: ::T OPERMiONS 

In the Matter of; 

Corporate Air 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C, 

P AA DOCKET CP1ONMOO10 

FAA Case No. 2008NM700126 

DMS No. FAA-2010-0975 

.Judge Richard C. Goodwin 

COMPLAINANT'S INITIAL DISCOVERY REQUEST 

To; Respondent 

In accordance with 14 CFR Sections 13.220 and the Federal Rules of Civil Procedure, 

please respond to the following Intcirogatories, Requests for Production of Documents, and 

Request for Admissions, acpaiaiely and fully under oath by January 17,2011. 

These discovery requests are intended to discover infonnation and/or documents not only 

within Corporate Air's personal knowledge or obtaitiable by Corporate Air, but also iiiformation in 

the possession of or obtainable by Corporate Air's attorneys, investigators, representatives, 

employees, agents, or anyone acting on Corporate Air's behalf or on its behalf. 

These discovery requests are continuing in nature and any information which may be 

discovered by Corporate Air subsequent to the service and filing of Corporate Air's answers must 

be brought to the attention of the agency attorney through, supplemental answers when it becomes 

available to Corporate Air, at a reasonable time prior to 1he hearing in this roatter. If there are any 

additions, deletions or changes in the answers or infonnation provided at any time prior to hearing 

the Respondent is specifically requested to so immediately inform the agency attorney. If such 

information is not furnished, the agency attorney at the time of the hearing will move to exclude 

from evidence such information requested and not furnished. 

The agency attorney further requests that the Respondent produce the documents identified 

and designate herein for inspection and copying at the FAA Office of Regional Counsel, Suite 

570,1601 Lind Avenue, SW, Renton, Washington 98057. bv January 17,2011. 

Complainuu's Iniual Discovery Request 

Corpornte AJT 2008NM700I26 i CPIONMOOIO 

?afB 1 oft 

KVI.E E. LOMAiOW, FA A ATTORXE Y 

TEL: 425.227.1347; FAX; 425.227.1007 
12/29/2010 13;05 FAX 2024935142 

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PRIVILEGE 

If, in respooding to, or failing to respond to these Interrogatories, Requests For Admission 

and Requests For Production Corporate Air invokes or relies upon any privilege of any kind, state 

specifically the nature of the privilege; the basis upon which Corporate Air invokes, relies upoi^, or 

claims it, including any statutory or decisional reference; and identiiv aJJ doaments or other 

informatioti, including contacts and communications which Coiporate Air believe to be embraced 

by the privilege invoked, 

DATED this 1 $th day of December 2010. 

KYLEE 

FAA Attorney 

Complajfiant's Initial Discoveij- Request 

Coit)oraie Air 200«1>IM700126 A CP I ONMOO 10 

Page 2 of g 

KTOE E. LOMAX01*', FAA ArroiLVEY 

TEL; 425.227.JS47; FAX: 425.227.1007 
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INTERROGATORIES AND REQUESTS FOR PRODUCTION 

Xnterrogatorv No. I: Idcotiiy by name, address and telephone number all persons wiiom Corporate. 

Air knows to have personal knowledge of the matters alleged in the Complaijit and provide that 

person's home and business address and telephone number. 

IntcarogatorvNo. 2; Identify by title, dale, author, present cusiodian, and content, all documents, 

including coxiespondence, obtained by Corporate Air or in its possession, relating to the assertions 

in the Complaint, Corporate Air's Appeal, its Answer, and any afl5rmative defenses which 

Corporate Aic acdcipates raising in this matter. 

Interrogatory,No. 3: Identify by name, address and telephone number, all persons whom Corporate 

Air intends to have testify as a factual or expert wimess in its defense at the hearing in this matter, 

and for factual wimesses, provide a detailed summary of eacli persons anticipated testimony. 

InteiTOKatorv No. 4: Identify by tide, date, author, present custodian, and coment, all documents 

which Corporat Coi e Air anticipates offering into evidence at the hearing in this matter, and through 

whi ch wimess or witnesses. 

Interrogator/ No. 5; With respect to each expert witness identified in response to Interrogatory 

No. 3, above, specify their specific area of expertise, and provide a synopsis of their credentials, 

background, training and experience. 

Interrogatoiv.No. 6: With respect to each expert Coiporate Air expects to call as a wimess, state the 

subject matter on which the expert is expected to testify, and state the substance of the facts and 

opiiuons to which the expert is expected to testify, and a summaiy of the grouxids for each such 

opinion. 

Interrogatory No. 7; State by name, address, telephone ntimber, date of conversation, and substance 

of conversation, all persons [other Aan legal counsel] vwth whom Corporate Air has discussed the 

matters alleged in the Complaint 

Interrogatory No. 8: Describe with specificity all of the facts which Corporate Air anticipates 

presenting in the course of the heartug in this matter pertaining to the avoidance or mitigation of the 

sanction sought by the FAA in this case. 

Interrogatory No. 9: Describe with specificity all of the documents Corporate Air anticipates , 

presenting in the course of tfie hearing m tiiis matter to substantiate any financial mability to pay the 

proposed sanction sought by the FAA in this case. 

InicrrogatpryNo. 10^ Describe with specificity facts or evidence Corporate Air relies upon in 

support of any affirmative defenses raised in any Answer to the Complaint. 

Interrogatory No. 11: Identify by name and employee identification number, and provide the home 

and business address and the home and business telephone number of each of Corporate Air's 

employees, agents or contractors, iBcludixig employees, agents and contractors of Federal Express, 

Inc.(hereafler FedEx), who used a scanner or odier manual or electronic device to tmck or process 

Compiainani's Iniilal Discovery Rcquesi 

Corporate Air 2008NM700126 &. CPIONMOOIO 

Page 3 of 8 

KYLE E. l^iMAZOW, FA A ATTORNEY 

TEL: 425.227.1847; FAX: 425,227,1007 
12/29/2010 13:05 FAX 2024935142 

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packages identified by the following tracking numbers for transportation by air of the packages 

referenced in this complaint on May 9,2008 - May 16,2008; 

a. FedEx air waybill No. 0201 7900 11313014 

b. FedEx Tracking No. 8647 741916094 

c. FedEx Tracking No. 8648 5793 6503 

Interrogatory No, 12: Identify the name, business and home address and home and business 

telephone number of the Captain and if applicable, the First Officer for each flight on which 

shipments with FedEx Air waybill No. 0201 7900 1131 3014 and FedEx Tracking Nos. S647 7419 

16094 and 8648 5793 6503 v«re transponed. 

Interrogatory No, 13: For each individual identified in connection with the foregoing 

Interrogatories, identify whether the individual was an employee of Corporate Ail, FedEx, or some 

other entity (identify that entity) on May 9,2008 through May 16,2008. 

Interrogatory No. 1.4: Identify the portions of the manuals in effect on May 9,2008 through 

May 16,2008, that Corporate Air used for training and for shipment processing operations that 

provide instruction, direction, or guidance to Corporate Air's employees, agents and contractors, 

pertaining to the identification and handling of HAZMA T identified as "UN2428" and "Biological 

substances, Category B." 

Interrogatory No. 15: Describe with paiticularityj the actions that were performed by Corporate Air 

persoimel in connection with the loading operation that was performed on May 9,2008, May 12,2008 

and May 16,2008, involving shipments bearing FedEx Air Waybill No. 0201 7900 1131 3014 and 

FedEx Tracking Nos. 8647 7419 16094 and 8657 4575 8980. 

REQUEST FOR PRODUCTION NO. 1; Provide copies of each and every document Coiporate 

Air intends to introduce as evidence in this case. 

REOUESX FOR PRODUCTION NO. 2: Provide copies of any statements made by wimesses 

identified in the preceding Interrogatories concerning, referring to, or involving the circumstances 

set forth in the Complaint. 

REOUEST FOR PRODUCTION NO. 3: Provide a current copy of the curriculum vitae for each 

expert identified in response to the proceeding Interrogatories. 

REQUEST FOR PRODUCTION NO. 4: Provide copies of all documents that support each and 

every denial, if any, contained in Corporate Air's Answer to the Complaint in this case. 

REOUEST FOR PRODUCTION NO. 5: Provide copies of each and every document that support 

each and every aflBimative defense, if any, contained in Corporate Air's Answer to the Complaint in 

this case. 

REQUEST FOR PRODUCTION NO. 6: Provide copies of each and every document to which 

Corporate Air referred or relied upon in answering the foregoing requests for Interrogaxories. 

Complainant's Initial Dijcovery Bjequesi 

CorpoTSle Air 20O8NM700] 26 & CPlOKMOOl 0 

Page 4 of 8 

KYLBE. L0MA2OW, FA A ATTORKeY 

TEL: 425.227.1847; FAX: 425,227.1007 
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REQUEST FOR PRODUCTION NO. 7: Provide copies of any invoices, notes, memoranda or any 

other record thai was ever made by any individiial in connection with the transfer and/or 

transJoading of packages bearing FedEx Air Waybill No. 0201 7900 1131 3014 and FedEx 

Tracking Nos. 8647 7419 16094 and 8648 5793 6503 from the time that FedEx came into 

possession of the packages bearing these air ^waybi^] and tracking numbers. 

REOUEST FOR PRODUCTION NO. 8: Provide copies of tl>ose portions of Coiporate Aii's 

training manual that were in effect on May 9,2008 through May 16,2008, that provide instruction 

to Corporate Air's employees, agents, and contractors, pertaining to the identification and handling 

of HAZMAT identified as "UN2428" and "Biological substances. Category B." 

REOUEST FOR PRODUCTION NO. 9: Provide a copy of D085 of Corporate Air's operations 

specifications in effect on May 9,2008 through May 16,2008. 

REOUEST FOR PRODUCTION NO. 10: Provide the extract of the Hazmat Manual from 

Corporate Air's General Operations Manual in effect on May 9,2008 through May 16,200S 

Complaiaanrs InMsJ Discovery Request 

Corporate Air 2008NM700126 & CPIONMOOIO 

Pigs 5 of 8 

KYI,E£. LQMAZOW. FA A ATTORKEY 

TEL: 425,227.1847; ,FAX: 425.227.1007 
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ItEOUEST FOR ADMISSIONS 

Under. 14 CF.R. 13.220(b) and Rule 36 of the Federal Rules of Civil Procedure, Corporate Air is 

requested to admit the truth of the following matters. A matter is admitted uiiless responded to in a 

reasonable time. The Rules of Practice in FAA Civil Penalty Actions, 14 CF.R. 13.220(d), defines 

a reasonable time to be thirty (30 days). The agency requests that an answer is served upon the 

agency attorney either admitting the matter, specifically denying the matter, stating why the matter 

cannot be admitted or denied, or objecting to the request, with reasons for the objection stated 

within thirty (30) days of the date of service upon Corporate Air, to wit: January 17,2010, 

REOUEST FOR ADMISSION NO. 1; Admit that on or about May 9, 2008, at or near Bozcman, 

Montana, Corporate Air accepted from Federal Express (hereafter, FedEx) a shipment (a fiberboard 

box) bearing FedEx Air Waybill No. 0201 7900 1131 3014 for transport in commerce. 

REQUEST FOR ADMISSION NO. 2: Admit that FedEx em.ployees loaded this shipment on to a 

Corporate Air Cessna 208 aircraft, flight 7772-13, Tail No. N933FE, for transport to Great Falls, 

Montana. 

REOUEST FOR ADMISSION NO. 3: Admit that the shipment bearing FedEx Air waybill No. 

0201 7900 1131 3014 was stowred into the Zone 3/4 compartment of the Cessna 208, flight 7772-13, 

TailNo.N933FE. 

REOUEST FOR ADMISSION NO. 4: Admit that on or about May 15,2008, at or near Wolf Point, 

Montana, Federal Aviation Administration (FAA) Hazardous Material Agents were conducting 

surveillance and observed offloading of another Corporate Air aircraft (HYSA aircraft. Tail # 

N710FX) fi-om Wolf Point, Montana. 

REOUEST FOR ADMISSION NO. 5: Admit that during off-loading operations, the agents 

observed two (2) improperly marked packages of Biological substances. Category B UN3373. 

Specifically, shipments being transported by FedEx Tracking Nos. 8647 4191 6094 and 8648 5793 

6503 did not have the "Biological Substances, Category" marking on the outer park nor did they 

have the UN3373 roarldng as described in 49 C.F-R- Section 173.199(a)(5). 

REOUEST FOR ADMISSION NO. 6: Admit that Corporate Air is a business entity that regularly 

accepts or transports hazardous material (HAZMAT)-

REQUEST FOR ADMISSION NO. 7 Admit that pursuant to 14 CF.R. Section 135, subpart A and 

K, Coipoiate Air is a "Will Carry" HAZMAT air carrier. 

REOUEST FOR ADMISSION NO. 8: Admit that the requested S45,000 is consistent with the 

Administrator's Sanction giu.dance table found at Appendix C to FAA Order 2150.3B 

CoTnplointnc's Ijiitidl Discovery Request 

CoTporaie Air 200eMM700126 & CPIONMfWlO 

Page 6 of 8 

KYLEE. U>MA20W. F/-U\ ATTORNEY 

TEL; 425.227,1847; FAX: 425.227.1007 
12/29/2010 13:06 FAX 2024935142 

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REOUEST FOR ADMISSION NO. 9: AdmitthatpcrFAAOrder 2150-3B, Appendix C, 

Corporate Air is considered a Group II air carrier. 

REOUEST FOR ADMISSION NO. 10: Admit that on May 9,2008, May 12,2008 and May 16, 

2008, Corporate Air pilots were in Corporate Air uniforms. 

REOUEST FOR ADMISSION NO. 11: Admit that on May 9,2008, May 12,2008 and May 16, 

2008, pilots for the Corporate Air flights referenced in the Complaint were employees of Corporate 

Air. 

REQUEST FOR ADMISSION NO. 12: Admit that the Corporate Air flights referenced in the 

Complaint were under the operational control of Corporate Air. 

REOUEST FOR ADMISSION NO. 13: Admit that during the period of May 9,2008 through 

May 16, Tail No. N933FE was part of Corporate Air's Operations Specifications. 

REQUEST FOR ADMISSION NO. 14: Admit that during the period of May 9, 2008 through 

May 16, Tail No. N710FX was pan of Corporate Air's Operations Specifications. 

CompIalj>aot"s Initial Discovery Rcqven 

Corporate Air 2008NM700126 & CP 1 ONMOO 10 

Page 7 or? 

KYLE E. tOMAZOV, PAA ATTORNEY 

TEL: 123,227.1847; FAX; 425.227.1007 
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CERTXFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Initial Discovery Request has been served visi 

facsimile and certified mail - Return Receipt Requested this date, to the following: 

The Honorable Richard C. Goodwiji 

Office of bearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm El 2-320 

Washington, D.C, 20590 

TEL: 202.366.2139 

FAX: 202.366.7536 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wri^i Building - Suite 2Wl 000 

FAX: 202.493-5020 

Cynthia Chandler-Sncll 

Federal Express Corporation 

3620 Hacks Cross Road 

Building B, 3'" Floor 

Memphis, TN 38125 

TEL: 901.434.8361 

FAX: 901.434.8283 

Dated this 16th day of December, 2010. 

MOIFAIR CHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425J227.2160 

ComplainMifs Initial Diwover^" Request 

Cotporaie Air 2OO8NM700126 & CPIONMOOIO 

Page 8 of 8 

KVtB E. LOMASOW, FA A ArrORNEV 

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KYLE E. LOMAZOW 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE.. SW 

RENTON, WA.SHINGTON 98057 

TELEPHONE; 425.227.1847 

FACSIMILE; 425.227.iO07 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of; 

Federal Express, Inc. 

FAA DOCKET CPlONMOOl I 

FAA Case No. 2008NM700127 

DMS No. FAA-2010-0977 

Judge Richard C, Goodwin 

COMPLAINANT'S INITLO. DISCOVERY REQUEST 

To: Respondent 

In accordance with 14 CFR Sections 13,220 and the Federal Rules of Civil Procedure, 

please respond to the following Interrogatories, Requests for Production of Documents, and 

Request for Admissions, separataly and fiilly under oaih by January 17,2011, 

These discovery requests are intended to discover infonnation and/or documents not only 

within its personal knowledge or obtainable by Federal Express (FedEx), but also information in 

the possession of or obtainable by its attorneys, investigators, representatives, employees, agents, or 

anyone acting on its behalf or on their behalf. 

These discovery requests are continuing in nature and any information which may be 

discovered by FedEx subsequent to the sendee and filing of its answers must bo brought to die 

attention of the agency attorney through supplemental answers when it becomes available to FedEx, 

at a reasonable time prior to the hearing in this matter. If there are any additions, deletions or 

changes in the answers or information provided at any time prior to bearing the Respondent is 

specifically requested to so immediately inform the agency attorney. If such information is not 

lumished, the agency attorney at the time of the hearing will move to exclude fi^ora evidence such 

ioforroation requested and not ftimished. 

The agency attorney fttrther requests that the Respondent produce the documents identified 

and designated herein for inspection and copying at the FAA Office of Regional Counsel, 

Suite 570,1601 Lind Avenue, S W, Renton, Washington 98057, by January 17,2011. 

Complajnimt''J Initial Discovery Request 

FedEx 2008NM700127 a CP) ONMOOl 1 

Page I ofS 

KYLZ E, LOMAZOw, FAA ATTO^IVEY 

TEL: 425.227,1847; FAX; 425,227.100" 
12/29/201 0 13:06 FAX 

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PRIVILEGE 

If, in responding to, or failing to respond to these Interrogatories, Requests For Admission 

and Requests For Production FedEx invoke or rely upon any privilege of any kind, state specifically 

the nature of the privilege,- the basis upon which FedEx invoke, rely upon or claim it, inclxiding any 

statutory or decisional, reference; and identify all documents or other information, inclxiding 

contact*? and cotmmmications whldi FedEx believe to be embraced by the privilege invoked. 

DATED this 16th day of December, 2010. 

'^^Vkr^^ 

KYLB^. LOMAZOW 

FAA Attorney 

ComplBJnaot'j Ij^jtial Discoveiy Request 

FedEx2008NM700127 & CPlONMOOl 1 

Page 2 of 8 

K>-LB E, L0MA20W, FA A ATTORMEy 

TEL; 425-227,1847; FAX; 425.227.1007 
12/29/201 0 13:06 FAX 2024935142 

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DSfTERR-OGATORIES AND REQUESTS FOR PRODUCTION 

Interrogatory No. 1: Identify by name, address and telephone number all persons whom Federal 

Express fFedEx) know to have personal knowledge of tiic matters alleged in the Complaint and 

provide Inat person's home and btisiness address and telephone number. 

Interrogatory No. 2: Identify by title, date, author, present custodian, and content, al.l documents, 

including correspoivdence, obtained by FedEx or in its possession, relating to the assertions in the 

Complaint, FedEx's Appeal, its Answer, and any afiSrmative defenses v^ich FedEx anticipate 

raising in this matter. 

Interrogatory No. 3: Identify by name, address and telephone number, all persons whom FedEx 

intend to have testify as a factual or expcn witness in its defense at the hearing in this maner, and 

for fectual witnesses, provide a detailed summary of each persons anticipated testimony. 

Meiroeatorv No. 4: Identify by title, date, author, present custodian, and content, all documents 

which FedEx anticipate oifcring into evidence at the hearing in this matter, and tlirough wiiich 

wimess or vvitnesses. 

Interrogatory No. 5: With respect to each expert vvimess identified in response to Interrogatory No. 

3, above, specify their specific area of expertise, and provide a synopsis of their credentials, 

background, training, and experience. 

InterrogatorvNo. 6: With reqject to each expert FedEx expects to call as a witness, state the 

subject matter on which the expert is expected to testify, and state the substance of die facts and 

opinions to which the expert is expected to testify, and a summary of the grounds for each such 

opinion. 

InterrogatorvNo. 7: State by name, address, telephone number, date of conversation, and substance 

of conversation, all persons [other dian legal counsel] with whom FedEx discussed the matters 

alleged in the Complaint. 

Inteirogatorv No. 8: Describe with specificity all of the facts which FedEx anticipates presenting in 

the course of the hearing in this matter pertaining to the avoidance or mitigation of the sanction 

sought by the FAA in this case. 

Interrogatory No. 9: Describe with specificity all of lie documents FedEx anticipate presenting in 

the course of the hearing in this matter to substantiate any financial inabiUty to pay the proposed 

sanction sought by the FAA in this case. 

Intgrrogatorv No. 10: Describe with specificity what facts or evidence FedEx relies upon in support 

of any affinnative defenses raised in any Answer to the Complaint. 

Inteirogatorv No. 11; Identi:fy by name and employee identification number, and provide the home 

and business address and the home and business telephone number of each of Fecffix's employees, 

agents, or contractors, incltoding employees, agents and contractors of Corporate Air, who used a 

scanner or other manual or electronic device to track or process packages identified by the 

following Federal Express (hereafter FedEx) air waybill and cracking numbers for transportation by 

air of the packages referenced in the Complaint on May 9, 2008, May 12, 2008, and May 16, 2008; 

ComplftSnant's Initial DJsco-vety Reque,st 

FedEx 2008NM700127 «k CPlONMOOl I 

Page 3«f8 

KYLE E. LOMAZOIV, FA A ATTORt^EY 

TEL; 425.227.18i7; FAX: 425.227.1007 
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a. FedEx Air Waybill No. 0201 7900 1131 3014 

b. FedEx Tracking No. 8647 4191 6094 

c. FedEx Tracking No. S648 5793 6503 

Interrogatoiy No. 12: Identify the name, business and home address an,d home and business 

telephone number of the Captain and if applicable, the First Officer for each flight on which 

shipments with FedEx Air Waybill No. 0201 7900 1131 3014 and FedEx Tracking Nos. 8647 4191 

6094 and 8648 5793 6503 were transpoited. 

Interrogatoiy No. 13: For each individual identified in connection with the foregoing 

Interrogatories, identify whether the individual was an employee of FedEx, Corporate Air or some 

other entity (identify that entity) on May 9,200S through May ] 6,2008. 

InterrogatorvNo. 1_4; Identify the portions of flie manuals in effect on May 9,2008 through 

May 16, 2008, that FedEx used for training and for shipment processing operations that provide 

instmction, direction, or guidance to its employees, agents, and contractors, pertaining to the 

identification and handling of hazardous materials identified as "UN2428" and "Biological 

substances. Category B." 

hitenogatoiv No. 15: Identify the portions of the manuals in effect on May 9,2008 - .May 16, 2008 

that FedEx used for training and for shipment processing operations that provide instruction to its 

employees, agents, and contractors, pertakdng to the identification and handling of hazardous 

materials identified as "TJN2428" and "Biological substances, Category B." 

REOUEST FOR PRODUCTION NO. 1: Provide copies of each and every document FedEx intend 

to introduce as evidence in this case. 

REOUEST FOR PRODUCTION NO. 2: Provide copies of any statements made by witiiessas 

identified in the preceding Interrogatories concerning, referring to, or involving the circumstances 

set fourth in the Complaint. 

REOUEST FOR PRODUCTION NO. 3: Provide a current copy of the cturiculum vitae for each 

expert identified in response to the proceeding Interrogatories. 

REOUEST FOR PRODUCTION NO. 4; Provide copies of all documents that support each and 

every denial, if any, contained in its Ans^vcx to the Complaint in this case. 

REOUEST FOR PRODUCTION NO. 5: Provide copies of each and every document that support 

each and every affirmative defense, if any, contained in its Answer to the Complaint in this case. 

REOUEST FOR PRODUCTION NO. 6: Provide copies of each and every document to which 

FedEx referred or relied upon in answering the foregoing requests for Interrogatories. 

REOUEST FOR PRODUCTION NO. 7: Provide copies of any invoices, notes, memoranda or any 

other record that was ever made by any iodividual in connection with the transfer and/or 

transloading of packages bearing FedEx Air Waybill No. 0201 7900 1131 3014 and FedEx 

CotnplainanVs Initial Discovery Request 

FedEx 200S>M700I27 & CPlONMOOl ] 

Pagft4of8 

KYT£TI, LOMAZOW, FAA ATTORNEY 

TEL: 425.227.1847; FAX: 425,227.1007 
12/29/201 0 13:07 FAX 2024935142 

.iz/ioyztii u l/lZ i 425227''"t5l7 

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Tracking Nos. 8647 4191 6094 and 8648 5793 6503 from ± t time that FedEx came into possession 

of the packages bearing these tracking numbers. 

REOUEST FOR PRODUCTION NO. 8: Provide copies of those portions of FedEx's ti-aining 

manual in effect on May 9,2008 through May 16,2008, that provide instruction lo its employees, 

agents, and contractors, pertaining to tlie identification and handling of hazardous materials 

identified as "UN2428" and "Biological substances, Category B." 

REOUEST FOR PRODUCTION NO. 9: Provide copies of those portions of its training manual in 

effect on May 9,2008 through May 16,2008, that provide instruction to FedEx's employees, 

agents, and contractors, pertaining to the identification and handling of hazardous materials 

identified as "UN2428" and "Biological substances. Category B." 

REQUEST FOR PRODUCTION NO. 10; Provide a copy of tlie FedEx Operations Specification 

D085 thai was in effect on May 9,2008 through May 16,2008 

REQUEST FOR PRODUCTION NO. 11: Provide a copy of tlie contract between FedEx and 

Corporate Air that was in effect on May 9,2008 through May 16, 2008. 

Complamant's Iiiiii»J Discovery Request 

FedEx 2OD8NM7O0127 * CPlONMOOl 1 

Page 5 of 8 

JCYLE E. LOMAIOW , FA A ATTORKEY 

TEL: 425.227.1847; FAX; 425.227.1007 
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REOUEST FOR ADMISSIONS 

Under 14 C.F.R 13.220(b) and Rule 36 of the Federal Rules of Civil Procedure, FedEx is requested 

to admit the truth of the following matters. A matter is admitEed unless responded to in a 

reasonable time. Tas. Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. 13,220(d), defines 

a reasonable time to be 30 days. The agency requests that an answer is served upon the agency 

attorney either admitting the matter, specifically denying the matter, stating why the matter cannot 

be admitted or denied, or objecting to the request, with reasons for the objection stated within 30 

days of the date of service upon FedEx, to wit: January 17,2010. 

REOUEST FOR ADMISSION NO-1: Admit that Federal Express Corporation (hereafter FedEx) 

is a busbess entify that regularly offers, accepts, or transports hazardous material (HAZMAT). 

REQUEST FOR ADMISSION NO. 2: Admit that on or about May 9,2008, at or near Bozeman, 

Montana, FedEx knowingly loaded a shipment FedEx accepted fiom Bioscience Laboratories (BLl) 

on to a Corporate Air Cessna 208 aircraft, flight 7772-13, Tail No. N933FE, for transport to 

Great Falls, Montana. 

REOUEST FOR ADMISSION NO. 3; Admit tliat this shipment being transported by FedEx Air 

Waybill No. 0201 7900 1131 3014 was loaded onto on a Corporate Air Cessna 208 aircraft, flight 

7772-13, Tail No. N933FE, for transport to Great Falls, Montana. 

REOUEST FOR ADMISSION NO. 4: Admit that this shipment was stowed in Zone 3/4 of the 

Cessna 208 aircraft^ Tail No. N933FE, prior to its removal fixjm the aircraftREQUEST FOR ADMISSION NO. 5; Admit that on May 12, 2008, a box being tiransported by 

FedEx Air WaybUl No. 0201 7900 1131 3014 was off-loaded from Corporate Air fliglit 7772-13, 

Tail No. N933FE. 

REOUEST FOR ADMISSION NO- 6: Admit thai on or about May 16,2008, at or near Wolf Point, 

Montana, Federal Aviation Administration (FAA) Hazardous Material Agents were conducting 

surveillance and observed offioadiog of another Corporate Air aircraft (HYSA aircraft, Tail No. 

N710FX). 

REOUEST FOR ADMISSION NO. 7: Admit that during these off-loading operations, the Agents 

observed two (2) improperly marked packages of biological substances, category B UN3373. 

REOUEST FOR ADMISSION NO. 8: Specifically, shipments being transported by FedEx 

Tracking Nos. 8647 4191 6094 and 8648 5793 6503 did not have the "Biological Substances , 

Category" marking on the otrter park nor did they have the UN33 73 marking as described in 

49 C.F.R. Section 173,199(a)(5). 

Cotnpl»ifl«irt*s laitiBi Discovery Request 

FedEx 2008NM700127 & CP! ONMOO 11 

PaaoeofS 

K VL5 Z. LOMAiOW, FAA ATTORiJEY 

TEL: 425.227.1847; FAX: 425.227.1007 
12/29/2010 13:07 FAX 

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REOUEST FOR ADMISSION NO. 9: Admit that the requested $45,000 is consistent with the 

Administrator's Sanction guidance matrix found at Appendix C to FAA Order 2150.3B. 

REOUEST FOR ADMISSION NO. 10: Admit tiiat pursuant to FAA Order 2150,3B, Appendix C, 

FedEx is considered a Group I air carrier. 

REOUEST FOR ADMISSION NO. 11: Admit that on May 9,2008, May 12, 2008 and May 16,2008, 

all Corporate Air flights referenced in the complaint were under the operational control of Corporate 

Air. 

REQUEST FOR ADMISSION NO. 12: Admit that durmg the period of May 9, 2008 through 

May 16, Tail No. N933FE was not part of the Fed Ex Operations Specifications. 

REQUEST FOR ADMISSION NO. 13: Admit that during the period of May 9,2008 through 

May 16, Tail No. N710FX was not part of the Fed Ex Operations Specifications. 

OjinplairiBnl's Initial Discovery Request 

FedEx 2008NM700127 & CPlONMOOl 1 

Page 7 of8 

KVr.E E- LOMAZOW, FAA ATTORMBY 

TEL; 425.227,1847; FAX: -125.227.1007 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Initial Discovery Request has been served via 

fiicsiniile and certified mail - Return Receipt Requested tiiis date, to the following: 

The Honorable Richard C. Goodwin 

OiTice of hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm E12-320 

Washington, D.C. 20590 

TEL: 202.3662139 

FAX: 202.366,7536 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

FAX: 202.493.5020 

Cynthia Chandler-Snell 

Federal Express Corporation 

3620 Hacks Cross Road 

Building B, 3'" Floor 

Memphis, TN 38125 

TEL: 901.434.8361 

FAX: 901434.8283 

Dated this 16tb day of December, 2010. 

MOIFAIR CHIN 

Office of Regional Counsel (/LNM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2160 

CompIiiBSnt's Initial Discovery Request 

FedEx 2OO8KIM7O0127 & CP 1 ONMOO 11 

Page g of 6 

KY1£ E. LOMAZOW, FAA ATTOIOJEV 

TEL: 425,227.1847: FAX: 425,217,1007