UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

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HEARING 

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In the Matter of: 

FEDERAL EXPRESS, INC 

FAA Docket No 

CP09NM0010 

DMS No. 

FAA-2009-0721 

MondayOctober 25, 2010 

U.S. Bankruptcy Court 

Portland Office 

10 01 SW 5th Avenue 

Portland, Oregon 97204 

The above-entitled matter came on 

for hearing at 9:00 o'clock a.m. 

BEFORE: 

HON. RICHARD C. GOODWIN, 

Administrative Law Judge 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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APPEARANCES 

On behalf of the Complainant: 

SCOTT R. MORRIS, ESQ. 

FAA Office of Regional Counsel 

1601 Lind Avenue, S.W. 

Renton, Washington 98057 

(415) 227-1417 (office) 

(425) 227-1007 (fax) 

On behalf of the Respondent: 

COURTNEY E. FELTS, ESQ. 

Staff Attorney, Federal Express, 

Building B, 3rd Floor 

Memphis, Tennessee 38125-8800 

(901) 434-8632 (office) 

(901) 434-8283 (fax) 

Inc 

-andLAWRENCE W. BIERLEIN, ESQ 

1101 30th Street, N.W. 

Suite 500 

Washington, D.C. 20007 

(202) 625-8355 (office) 

(202) 625-4363 (fax) 

Also present: 

KYLE LOMAZOW, ESQ. 

(FAA Office of Regional Counsel) 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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CONTENT S 

WITNESS DIRECT CROSS REDIRECT RECROSS 

Donald Stiger 16 72 94 

Patrick Oppenheimer 102 126 139 140 

David Littlejohn 142 162 169 

EXHIBITS IDENTIFIED RECEIVED 

Complainant 

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-2 

-3-1 

-3-2 

-3-3 

-4 

-5 

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-9 

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-11 

Respondent 

37 

42 

45 

47 

49 

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59 

71 

71 

A 

B 

C 

1 5 1 

1 5 1 

154 

1 5 1 

1 5 1 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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PROCEEDING S 

(9:09 a.m.) 

JUDGE GOODWIN; Let' s go on the 

record in the case of Federal Express, Inc., 

Docket No. FAA 2009-0721. 

Counsel, identify yourself for the 

record, please. 

MR. MORRIS: Sir, Scott R. Morris 

with the FAA Northwest Mountain Region, 1601 

Lind Avenue, S.W., Renton, Washington 98057. 

Also with me at table but will not be 

answering any questions is Kyle Lomazow, who's 

a new attorney in our office. 

JUDGE GOODWIN: Okay. Counsel. 

MS. FELTS: Good morning. Your 

Honor. My name is Courtney Felts, a senior 

attorney for Federal Express Corporation, 

located in Memphis, Tennessee, 3 62 0 Hacks 

Cross Road, Building B, Third Floor. With me 

is my co-counsel, Mr. Lawrence Bierlein of 

D.C 

JUDGE GOODWIN: Okay . Spel l you r 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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last name, please. 

a time 

MR. BIERLEIN: B-I --

JUDGE GOODWIN: No. Hers. One at 

MS. FELTS: F as in Frank, e-l-tJUDGE GOODWIN: Okay. Great. And 

I have a hearing problem, so from time to 

time, if I ask you to repeat something, it's -

- like any background noise, I just can't hear 

things. So a couple of preliminary things. 

Mr. Morris is familiar with this, Ms. Felts. 

But everything we do goes on the Internet. So 

I've taken the position that when anybody 

testifies, if they give, you know, you 

typically answer name, address, and so forth -

don't have anybody give personal 

information, like personal phone numbers. 

The business address is fine. 

We're not making that sort of a record. And 

if we have any documents that have personal 

information -- dates of birth. Social Security 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

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numbers, home addresses, phone numbers, I'm 

going to ask you to redact that. I've got a 

black magic marker if you didn't bring one. 

And during the course of the 

hearing, if we get into an area that either 

one of you is concerned about security issues. 

we can close that part of the record. I've 

done it, extensively, in the past. 

And Mr. Morris, you want to make 

an opening? Oh, one other thing, while I'm 

thinking about it. 

I'm not wedded to any particular 

methodology in marking the exhibits, as long 

as you don't use the identical, as long as you 

both don't use C or R, or whatever. And you 

can premark them or you can mark them as you 

go through. It doesn't make a difference to 

me. 

Mr. Morris 

MR. MORRIS Yes, sir The 

Complainant's exhibits have been premarked, C1 through, I believe it's C-11, so far. 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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JUDGE GOODWIN: Even though the 

tabs say F 

MR. MORRIS: I was going to 

mention that, sir. The other tabs that are 

before you -- and Respondent's counsel has 

reviewed the file -- the three of us have 

separate tab documents. Those are merely the 

administrative documents prior to the 

Complaint, the Answer, and some of the 

discovery stuff, in case there's any issues 

with that. But the Respondent's exhibits, for 

the record, will be C-1 through C whatever. 

JUDGE GOODWIN: Okay. 

MR. MORRIS: As far as an opening, 

sir, this is a very straightforward case. It 

involves a shipment that occurred on August 

21st, 2007, and originated in Maryland. FedEx 

processed that shipment, accepted the 

shipment. It flew to Portland, or I should 

say to Oregon, where it was discovered by an 

FAA hazardous material agent. 

During the course of the 

(202) 234-4433 

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investigation, he came to discover that it was 

an improperly marked shipment, because it was 

offered as an ORM-D, and to be -- and we'll 

hear testimony, that the proper marking should 

have been ORM-D Air, if it was acceptable for 

offerance as an ORM-D Air shipment. 

We anticipate you'll also be 

hearing testimony that in this case, actually, 

it didn't even qualify for an ORM-D Air 

shipment 

There were two separate shipments. 

by the way, that were accepted by Federal 

Express, and they were discovered in Oregon. 

They were opened, found the contents, the 

investigation resulted. Therefore, the Agency 

initiated its investigation, and includes in 

its recommendation a civil penalty in this 

case for 37,500. About as straightforward as 

you can get. Your Honor 

JUDGE GOODWIN: Ms. Felts, you 

want to make an opening, or reserve ? Your 

cal l 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
1 MS. FELTS: I'd like to say a few 

2 words now, if I could. Your Honor. 

3 JUDGE GOODWIN: Okay. 

4 MS. FELTS: Thank you very much. 

5 Briefly, just a bit of background about our 

6 company. We are the world's largest express 

7 transportation company. We handle an average 

8 daily package volume on the order of about 3.5 

9 million, probably 3.3 million is more 

10 accurate, "dangerous goods" -- that's what we 

11 call hazardous materials. Your Honor, or DG. 

12 That comprises less than one percent of that 

13 daily volume, or, you know, about 3 0,000 

14 packages a day. 

15 We do carry more dangerous goods 

16 than any carrier in the world. Accordingly, 

17 we have a very extensive DG program and 

18 infrastructure, including spill prevention, 

19 Agency notification, appropriate handling, and 

20 emergency response procedures for incidents. 

21 We implement this program through policies, 

22 training, procedures, practices, manuals. 

(202) 234-4433 

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etcetera 

We comply with all applicable U.S 

and state permit requirements, and have all 

the required registration numbers for the DG 

we accept 

We provide training. as 

appropriate, for the employees, with respect 

to safe and secure handling, and 

transportation of dangerous goods, and we also 

provide training, externally, for customers 

and shippers. 

Now all of this has created a 

superior infrastructure for DG at FedEx 

Express. Our specialist -- these are --

you'll hear testimony about what this job 

entails. They go through specialized. 

extensive 40 hour, initial and yearly 

recurrent training. Again, just a bit of a 

snapshot about the program we have. 

We have a multi-staff inspection 

process involving a check list with the 

appropriate regulatory manuals. We also have 

(202) 234-4433 

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1 an electronic manifesting system called Auto 

2 DG, that we use to comply with 49 CRF 175.30. 

3 However, Your Honor, this process 

4 only works, and is triggered, when a shipper 

5 properly declare and properly documents a 

6 dangerous goods package that's tendered to us. 

7 All of that is reliant on, and 

8 shouldered on the shipper for informing us, 

9 and properly notifying us via documentation, 

10 and marking and labeling, etcetera, that 

11 they're tendering dangerous goods. 

12 Coupling that with the nature of 

13 the item here. Your Honor, an ORM-D -- you're 

14 going to hear more about this from our 

15 witnesses -- you know, black lettering on a 

16 fiberboard box simply does not provide enough 

17 visual recognition to accepting air carrier 

18 personnel. 

19 This type of dangerous good item 

20 is a problem, and has been, and accordingly, 

21 many carriers, including Federal Express, have 

22 requested that the Pipeline and Hazardous 

(202) 234-4433 

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Materials Safety Administration further review 

this class of material 

MR. MORRIS Your Honor, 

normally don't object on opening, but this is 

argument. This is not an opening. 

JUDGE GOODWIN: Understand, but 

it's an administrative hearing, so we'll allow 

her to keep going. 

MS. FELTS: As I was saying. Your 

Honor, we've petitioned PHMSA, the Pipeline 

and Hazardous Materials Administration for 

changing this, or for reviewing this category 

because of the apparent problems associated 

with it 

We've made comments on HM-215K, on 

the Advance Notice of Proposed Rulemaking and 

the Notice of Proposed Rulemaking, as well as 

the formal petition I mentioned earlier. 

So give this recognition problem 

with ORM-Ds, and the other facts here. Federal 

Express is greatly concerned about the 

proposed sanction, about the proposed 37,500 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

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civil penalty. 

Given the nature of the issue 

here. Your Honor, we would submit that the 

penalty is not at all commensurate with the 

nature of the violations alleged. 

JUDGE GOODWIN: Just for your 

information, Ms. Felts, when I get an exhibit, 

what I do is I write on the exhibit, in 

pencil, the date, and ID. When the exhibit is 

admitted, I line through ID. I'm sorry. I 

put ID on the exhibit. When I admit it, I 

draw through ID and put the date on it in 

pencil. That's -- so double-check me. I'll 

ask the two of you, at the end of the hearing, 

to go through the court's exhibits, to make 

sure that what you show as admitted, that I 

have admitted, 

spreadsheet 

I also try to keep a 

But I'll retain exhibits at the 

end of the hearing and send them to Ms. 

Matthews, and they'll be posted on the record 

-- they'll be posted on the Internet at --

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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it's Regulations.gov. 

Counsel. 

MR. MORRIS: Yes, sir. Before I 

call my first witness, I'd ask for the 

sequestration rule to be in effect. 

JUDGE GOODWIN: Sure. So anybody 

who's not going to be -- other than the 

witness who's going to testify -- I'm going to 

instruct all witnesses in this case, they're 

not to discuss their testimony with anybody 

during the pendency of this hearing. 

Counsel, for both sides, are fully 

aware of the ethical issues associated with 

that. If you've got a question about whether 

or not you should say something to somebody, 

talk to your respective counsel. But I ask 

you to wait outside the waiting room. If you 

decide to go down to the lobby, get coffee, 

just make sure that people know where you are. 

And normally, Ms. Felts, I break 

about 10:30 for about a ten to fifteen 

minute break around noon I have another 

(202) 234-4433 

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break around 2:30, and then we shut down about 

4:30 

The reason is that the CSOs 

normally go on overtime at 5:00, and unless 

you and Mr. Morris want to agree to pay the 

overtime charge for the CSOs, we need to be 

out of the building. 

So any potential witness, other 

than the next witness who's going to take the 

stand, with that admonition, if you'll leave 

the -- go through those double doors there. 

Let's go off the record for just a 

minute 

(Discussion off the record) 

JUDGE GOODWIN: Mr. Morris, do you 

want to call your first witness. 

MR. MORRIS: Sir, the Government 

calls Agent Stiger 

WHEREUPON, 

DONALD STIGER 

WAS CALLED AS A WITNESS BY AND ON BEHALF OF 

THE GOVERNMENT AND, HAVING FIRST BEEN DULY 

(202) 234-4433 

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SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS: 

JUDGE GOODWIN: Please be seated. 

state your full name for the record, and spell 

your first and last name 

THE WITNESS: My full name is 

Donald A. Stiger. 

Stiger. S-t-i-g-e-r 

Donald. D-o-n-a-l-d. 

JUDGE GOODWIN: Counsel 

MR. MORRIS: Yes, sir. Sir, with 

your permission, if I can ask the questions 

while sitting. 

JUDGE GOODWIN: Sure 

DIRECT EXAMINATION 

Q 

BY MR. MORRIS 

Agent Stiger, would you please 

provide your business address and where you're 

currently employed. 

A Yes. My business address is 7303 

Northeast Alderwood Road, Portland, Oregon 

97218. 

Q And where -- for who do you work? 

A And I'm currentl y employed with 

(202) 234-4433 

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the Federal Aviation Administration. 

Q And how long have you been working 

for the FAA, Federal Aviation Administration? 

A I hired on with the FAA in January 

of 1997. 

Q Okay. I'd ask you to describe 

your aviation background and experience. 

A Prior to working with the FAA, I 

worked with the Office of Motor Carriers, 

Federal Highway Administration, where there, 

I was a safety investigator and also dealt 

with enforcement of Title 49, the hazardous 

material regulations. 

Prior to that, I worked with -- in 

private transportation, a trucking company. 

And then prior to that, I was a U.S. Army 

Rotary Wing pilot for five years. 

Q Are you a certificated pilot? 

A At that time I was I am no 

longer currently certificated. 

Q Describe your experience with 

hazardous material regulatory compliance. 

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A From experience in private 

industry on the trucking side, through my 

experience in utilizing the hazardous material 

regulations while I worked for the Office of 

Motor Carriers, Federal Highway 

Administration, to working with the Federal 

Aviation Administration since January of 1997, 

I've had extensive utilization of the 

hazardous materials regulations and 

enforcement on those, as well as compliance 

and inspection of shippers, carriers, and 

individuals. 

Q What training have you received on 

hazardous materials compliance? 

A Training from private industry 

sources through training programs with the 

Federal Highway Administration at that time, 

through the FAA's training program, as well as 

various training programs through the 

Transportation Safety Institute over the 

course of the number of years that I've been 

with both the Federal Aviation Administration 

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and the Federal Highway Administration, 

Q What are your duties and 

responsibilities, currently? 

A I currently enforce Title 49, 

Parts 100 through 180, in regards to the 

shipment and transportation of hazardous 

materials via the air transportation mode. 

Q As part of your duties, does it 

include the conduct of investigations for 

hazardous material violations? 

A Yes 

Q Approximatel y how many 

investigations have you done in your career? 

A During the course of my career. 

covering both modes of transportation, I would 

say probably in excess of five hundred. 

Q Okay. 

A If not more. 

Q Have you previously testified as 

an expert in the area of hazardous material 

regulation compliance? 

A Yes. I have, 

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MR. MORRIS: Your Honor, I offer 

Agent Stiger as an expert witness in the area 

of hazardous materials compliance. 

JUDGE GOODWIN: Ms. Felts, do you 

want to voir dire? 

MS. FELTS Yes, Your Honor, 

because we would object to that. 

MR. BIERLEIN: We understand that 

the witness is experienced in the Government 

application of the regulations. It did not 

sound, from his background, that he dealt with 

the actual operations under the regulations of 

classification, packaging, marking, labeling, 

preparation of shipping documents dealing with 

the emergency response information, or the 

other elements of actual compliance with the 

regulations as a regulated party. 

I understand there was reference 

to the trucking company but that seemed not to 

cover those issues. 

JUDGE GOODWIN: Mr. Morris, for 

what are you offering him as an expert? 

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MR. MORRIS: I'm offering him as 

an expert as to the applications of 49 CFR, 

specifically Parts 171 through 175, in the air 

commerce mode. 

JUDGE GOODWIN: Counsel, given 

that proffer, do you still have an objection? 

MR. BIERLEIN: No, Your Honor. As 

limited by counsel, this would be acceptable. 

JUDGE GOODWIN: Okay. And let me 

get your name again, please. 

MR. BIERLEIN: Lawrence. 

JUDGE GOODWIN: Lawrence. 

MR. BIERLEIN: Bierlein. B-i-e-r1-e-i-n. 

JUDGE GOODWIN: Okay. Thank you. 

The Court will accept him as an 

expert based on Mr. Morris's proffer. He'll 

be accepted for that purpose. 

Q 

BY MR. MORRIS 

Agent Stiger, do you recall 

conducting a surveillance of Federal Express 

operations and Empire Air operations on August 

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A Yes. 

Q Okay. Why were you there? 

A As part of routine inspections of 

air carriers in the Medford area. 

Q Okay. That was going to be the 

next question. Where were you? And that 

would be Medford, Oregon? 

A 

Q 

Yes; it was 

Okay, Were you in Medford, 

Oregon, just to conduct surveillance on FedEx? 

A No. 

Q What other operations or 

investigations were you doing during that time 

period? 

A At that time, with some of the air 

carrier inspections, we also inspected 

AmeriFlight Airline AmeriFlight LLC 

Airlines 

Q Okay. So what do you, or the 

Agency mean, when you're conducting routine 

surveillance? 

(202) 234-4433 

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1 A Routine inspections -- basically, 

2 you're there, at the, at the facilities, 

3 watching operations, confirming certain 

4 information in regards to the proper 

5 transportation of hazardous materials, 

6 basically ensuring that, in this case, on an 

7 air carrier inspection, that they're properly 

8 transporting the hazardous materials. 

9 Q Okay. Was anyone with you on this 

10 occasion during this inspection? 

11 A Yes. Manager Thomas Kenny. 

12 Q Why was he there? 

13 A A lot times, part as regular 

14 supervisory duties in supervising the agents 

15 under his responsibility, to ensure that we're 

16 conducting investigations -- or inspections 

17 properly, per the applicable rules. 

18 Q And you mentioned you observed 

19 these operations in Medford, Oregon? 

20 A Yes. 

21 Q Does FedEx have a facility , o r i s 

22 ther e some sor t of facilit y ther e you wer e 

(202) 234-4433 

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particularly located at? 

A FedEx Express does have a station 

located in Medford, Oregon, at the airport. 

Q Okay. So when you get to Medford, 

describe what you did as part of your 

inspection. 

A As part of this inspection, one of 

the things we did is we arrive, understanding 

the schedules, we'll arrive, and in this 

particular case, we wanted to verify 

compliance with some of the downline 

information that's being transmitted on that. 

So we received some the 

downline information on what was inbound for 

those flights, and we'll take that 

information, and then we will compare it to 

what the crew has on hand for a pilot 

notification, and to what is physically, 

actually on the aircraft. 

So basically, we figure out what 

should be on there, and then we'll watch what 

actually gets off. 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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Q So we're talking about Flight 

8677-22? 

A Yes. 

Q Okay. And you requested this 

information prior to the flight arriving? 

Q 

Yes; we did. 

So you're there saying, okay. 

here's what's supposed to be, and where it's 

supposed to be, and you match that up with 

what's actually there, and where it actually 

is? 

Q 

That is correct 

And who did you request this 

information from? 

A FedEx Express Station personnel. 

Q Okay. And did they provide it to 

you' 

A Yes. They did. 

Q What did that information tell you 

about this flight? 

A On this particular flight, that 

information indicated there was no hazardous 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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materials on board. 

Q Okay So since there was 

indication that there was no DG or dangerous 

goods aboard, what -- did you leave? 

A No. 

Q Why? Why not? 

A Part of the job is to confirm that 

they have -- carriers have not transported 

materials that are either marked with proper 

transportation markings, or other information 

that may be on the packages, that would 

indicate that the package is a hazardous 

material, and should not have been accepted at 

the point of acceptance. 

Q Okay. So did you check to see if 

dangerous goods was actually aboard? 

A Yes. I did, 

Q Okay. Did you contact the pilot 

upon the aircraft landing/ 

A Yes. Part of my procedure is I'll 

just verify, with the information that I 

received at the downline station, in this case 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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Medford, compare it to if the pilot has a 

pilot notification describing any hazardous 

materials on board. 

Q What, if anything, did he tell you 

when you approached him? 

A He indicated that he had no 

hazardous materials on board his aircraft. 

Q Did you request to see anything 

that the pilot was to be carrying with him? 

A I would ask him if he had the 

pilot notification. 

Q Did have a pilot notification or a 

NOPIC, as we call it? 

A No, he did not; but he had 

indication via -- on their Auto DG System, 

that there was no DG on board. 

Q A negative report, essentially. 

A A negative report; correct. 

Q If hazardous materials is aboard 

an aircraft during its transport, what 

documents are the flight crew required to have 

with them? 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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labels. 

So what's the significance of this 

ORM-D marking? 

A A ORM-D marking is basically a 

marking that's utilized, initially, by -- to 

display, or to convey, via marking, that the 

material inside the package is hazardous. 

Q Okay. Can an ORM-D marked package 

fly on an aircraft? 

A 

A 

No; it cannot 

Why not? 

The ORM-D marking on there 

indicates -- if a package is acceptable for 

air transportation, a shipper would have to, 

one, confirm that it meets the requirements of 

49 CFR 173.27. If it meets all those air mode 

specific requirements, then the shipper would 

indicate on the, outside of the package, an 

ORM-D Air marking. That marking signifies 

that the shipper has indicated to any air 

carrier that the packaging inside would meet 

the air specification requirements, and be 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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prop -- and be acceptable for air transport 

A Is that the only requirement, when 

there is an ORM-D Air hazmat, that is required 

by the carrier that has accepted and 

transporting these goods? 

A No. With air transportation, it's 

a little unique in that it also, if that 

material is to be transported by air, requires 

a proper shipping name on a shipping document. 

So by air, you're looking at a marking, which 

is the ORM-D on the package, and then you're 

looking at a shipping document, which at the 

time would be tendered from the shipper to the 

initial carrier. 

By ground, an ORM-D marking 

requires no such shipping paper. 

Q Okay. So you've already -- the 

pilot's already told you he's got no shipping 

papers with him? 

A 

marking? 

Correct. 

And now you've got an ORM-D 

(202) 234-4433 

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Correct 

What do you do? 

At that particular point we -- the 

two shipments were on the rollers, being 

offloaded from the aircraft, from there, moved 

them over to some other rollers that were 

closer to the building, for further 

inspection. 

Q Now just to be clear, is ORM-D a 

unique marking of hazmat for transportation 

purposes? 

Yes; it is 

So once it was moved -- where did 

you say it went? 

A It went was removed from the 

rollers as they were rolling, off-rolling from 

the aircraft, to the, some other rollers that 

were on the, next to the side of the building 

for further inspection. 

Q Okay. And then what'd you do? 

A At that time we were looking at 

the packages, and then the Federal Express 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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station manager, John Phillips, came up, was 

also with us at that time, since he had been 

alerted to what was found, and then he 

proceeded to go ahead and open the two 

packages, to confirm if they were true 

hazardous materials in there, or if there was 

an improperly marked box, or repackaged box. 

Q Okay. Were you present when he 

opened this package? 

A Yes. I was. 

Q What did you observe, once the 

package was opened? 

A Once the package was opened, there 

was bottles of Nexium hand cleaner, at least 

marked on the bottles. I believe there was 24 

of 354 mm. bottles of 

Q Okay, 

of a hand cleaner. 

And did you take 

photographs of the open package and the inner 

containers? 

A Yes. I did. 

Q Did you have concerns about the 

inner containers themselves? 

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A Yes I did. I noted as I 

inspected the bottles themselves, which were 

normal screw-type bottles, there was no 

positive means over the caps of the bottles on 

that. Therefore, there's a requirement in 

173.27, to have a positive means over a screwtype cap for a material. 

Therefore, those pack -- those 

inner packages would not have been authorized 

for air transportation. 

Okay, So you have the ORM-D 

marking that is on the outside of the box. 

You open up the box and on the inside you 

discover it's not eligible -- is that what 

you're saying? for transport in air 

commerce? 

Q 

That is correct. 

Now in fairness to FedEx, FedEx 

wouldn't have known that at the time, would 

they have? 

A That is correct 

Q Okay. So because i t di d not 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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comply, the inner packaging did not comply, 

and it was offered in air commerce, does it 

actually qualify as an ORM-D? 

A Not for air commerce 

Q Okay. So if it doesn't qualify as 

an ORM-D, what should it have been identified 

as? 

You go back to the base, base 

classification of the material, because ORM-D 

is a reclassification. In this particular 

case, based on all the evidence, the 

classification of the material would have been 

an ethanol/alcohol solutions -- or ethanol --

ethanol. 

that? 

And what type of hazard class is 

A That is a Class 3 flammable liquid 

hazard class. 

Q Okay. Were you able to identify 

who the shipper was of these two shipments? 

A Yes. 

Okay. How were you able to do 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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that? 

A They indicated -- the shipper was 

indicated on the shipping document -- not on 

the shipping doc -- but on the shipping label 

that is utilized by the carrier to scan and 

transport the product, which was adjacent to 

that unique transportation ORM-D marking. 

Q When you say "adjacent," how close 

was the ORM-D marking to the shipping label 

with the scanning? 

A About an inch. 

Q Following your discovery of this 

shipment, what did you do concerning your 

investigation of this incident? 

A Further investigation of that was 

confirming the details of how it was tendered, 

how it was offered, who the shipper was, how 

it was shipped, further confirmed with the 

manufacturer of the material through a 

material safety datasheet, as well as a 

conversation with one of the managers at the 

manufacturer on if this was typical in how it 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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was, the package was -- was put together. 

Q Okay. So you did contact the 

manufacturer of the packaging? 

A Yes. I did. 

Q Okay. And what did they tell you? 

A They indicated that they only 

transported those materials by ground. 

Q And did they in fact acknowledge 

that this was not designed for air transport? 

A They knew the -- they knew enough. 

and the individual that I talked to said that 

they were told not to transport it by air. 

Q Okay. So at this time, what I'd 

like to do is I'd like you to -- I'll walk 

through some of the exhibits. In front of you 

is a light binder, and I'd ask you to turn to 

C-1 for identification. 

Do you recognize this? 

A Yes. This is my Agent Statement. 

Q And is this basically a summary of 

the investigation that you conducted in this 

case? 

(202) 234-4433 

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identification. Do you recognize this? 

Q 

Yes. I do 

Now C-2 consists of four pages, C2-1 through C-2-4. Do you see that? 

A 

Q 

documents? 

Yes. 

What is -- or what are these four 

These are basically the tracking 

documents utilized by Federal Express to track 

a package, or shipment -- excuse me -- a 

shipment from point of pickup to point of 

delivery. 

When and how did you acquire the 

documents in C-2? 

A In this particular case, through 

the Federal Express public Web site that 

tracks the information, 

Q Okay, So in layman's terms. 

basically, you got the tracking number, you 

type in the tracking number on the Web site, 

and it tells you where your shipment is at any 

given point in time? 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

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Correct 

Okay, How does in your 

observations of operations, how does FedEx 

capture the date and time for the reporting of 

these for its Web site? 

A On my observations, I've observed 

that they utilize the shipping label that's 

affixed to the package, and those are usually 

scanned with some type of scanning device from 

there, as well as the individuals who are 

loading either Federal aircraft, or 

containers, utilize that shipping label to 

tell them where to, where to, place, or what 

the sort line, courier vehicle, or what unit 

load device, to put that in there. 

In other words, you have to look 

at it, figure out where it's going based on 

the code that's on there, and from there a lot 

of times it'll be scanned, so that my 

experience has seen where they'll be able to 

track a package each time that product is 

scanned, or that shipment is scanned. 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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Q Okay. And we're talking about the 

tracking number. The tracking number we're 

referring to are the two packages that were 

discovered in Medford; is that correct? 

A Yes, sir. Two packages, each with 

a separate tracking number. 

Q Okay. So one of the tracking 

numbers is located on the top left-hand side 

of C-2-1; correct? 

A That is correct. 

Q Okay. Now is it the normal course 

of FedEx's business activities to scan these 

packages as they're migrating through its 

system? 

I've observed FedEx employees. 

Express employees, scanning them as they 

transition from one point to another. 

Q Now looking at pages C-1 and C-2, 

at a minimum, how many times was this package 

scanned by FedEx personnel? 

A Initially, it tells you that it 

was scanned in Baltimore, scanned again in 

(202) 234-4433 

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Memphis, scanned again in Portland, and then 

scanned again in Medford, Oregon. 

Q So four different FedEx employees 

scanned this document -- or scanned this label 

that was affixed to this package? 

A Yes. 

Q Okay. Now looking at C-2-3, and 

2-4, this is the other package that was on the 

shipment that you -- or on the airplane, that 

you observed; correct? 

A This is the second shipment; 

correct. 

And at a minimum, how many times 

was this shipment scanned by a FedEx employee? 

Four times 

Q Okay. As part of the acceptance 

and transfer of packages, is there a 

requirement to inspect packages prior to being 

loaded on an aircraft? 

regulation. 

Q 

Yes; i t is, according to the 

So FedEx was supposed to have 

(202) 234-4433 

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inspected this multiple times, both these 

packages? 

Yes 

MR. MORRIS: Okay. Your Honor, I 

offer C-2 for identification as C-2 

MS. FELTS: No objection. 

JUDGE GOODWIN: Complainant's 2 

for identification is received in evidence as 

Complainant's 2. 

(Complainant's Exhibit 

C-2, previously marked 

for identification, was 

received in evidence) 

BY MR. MORRIS: 

Q I ask you to turn to --

JUDGE GOODWIN: Hold on a second. 

Okay. 

BY MR. MORRIS: 

Q Agent Stiger, I next ask you to 

turn to C-3 for identification, and C-3 

consists of three photographs, and I want to 

go through these photographs one at a time. 

(202) 234-4433 

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Turning to C-3, photograph 3-1, 

what is this photograph? 

A This is a photograph of the two 

shipments that were identified coming off the 

aircraft, in Medford, Oregon. 

Q 

A 

Q 

picture? 

A 

And who took this picture? 

I took these pictures. 

And when did you take this 

These pictures, immediately after 

the packages had been taken off the rollers 

from the aircraft and put next to the building 

on the other rollers. 

Q Okay. And what do the air 

carriers look at during the sorting operations 

on these boxes? 

A The shipping labels on there, if 

you look on there, they have a code. 

Basically that last code of MFRA, Federal 

Express uses that to identify MFR, which is 

the identifier of Medford, Oregon, and then A 

is usually a station, what we term in the FAA, 

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what we call an outstation, on there. 

So in order for that package to 

transmit from to its destination, 

individuals would have to look at that code to 

determine where it gets sent 

Q Okay. And the marking we talked 

about earlier, the unique transportation 

marking, where is that in location to the 

label on this photograph? 

A That is located right next, on the 

top package, right next to the ORM-D marking 

on the top package, and on the same side, 

maybe a couple inches down a little bit from 

the package on the bottom. 

Q Okay. So again, the person who's 

scanning this to move it within the FedEx 

system, has to wave their scanner over this 

bar code, which is immediately to the left of 

this ORM-D marking? 

A I see -- in my observations, I see 

some where they use hand scanners, and a lot 

of time with the unit load devices, there is 

(202) 234-4433 

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scanners that are mounted, that they have to 

basically hold and expose the label, so it 

does scan before getting loaded into a unit 

load device, 

Q Okay. Now the requirement for 

ORM-D, that can be anywhere on the box, can it 

not? 

A Yes; it can 

Q But in this case it's right next 

to the scanning label? 

Yes; it is. 

MR. MORRIS: Your Honor, I offer 

C-3-1 for identification as C-3-1 

JUDGE GOODWIN: Ms. Felts. 

MS. FELTS: No objection. 

JUDGE GOODWIN: Complainant's 3 

for identification is received into evidence 

as Complainant's 3. 

(Complainant's Exhibit 

C-3-1, previously marked 

for identification, was 

received in evidence) 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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BY MR. MORRIS 

Turning to photograph 3-2, what is 

this photograph of? 

A That's a photograph of some 

additional information that was on the side of 

the package. 

Q And what was the purpose of this 

photograph in your investigation? 

A To help further identify what the 

product was. 

Q Okay. And this identifies it as 

this Nexium antibacterial hand cleaner? 

A 

carton? 

Yes 

As well as the quantity per 

A Yes. 

Q Okay. And both boxes, or packages 

contain the same item? 

A Yes. 

MR. MORRIS: Your Honor, I offer 

C-3-2 for identification as C-3-2-. 

MS. FELTS: No objection. 

(202) 234-4433 

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JUDGE GOODWIN: Complainant's 3-2 

for identification is received in evidence as 

Complainant's 3-2 

(Complainant's Exhibit 

C-3-2, previously marked 

for identification, was 

received in evidence) 

Q 

BY MR. MORRIS: 

I'd next ask you to turn to C-3-3 

for identification. Do you recognize this 

photo? 

A 

A 

Yes 

What is this? 

This is the package that contained 

the material that was opened, and I confirmed 

that it contained the 24 bottles of Nexium 

hand cleaner. 

Q Okay. And you earlier testified 

about the -- you had some concerns about the 

caps. What are we referring to for these 

caps? 

The white caps over the bottles 

(202) 234-4433 

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Q Okay. And the requirement is what 

were these white caps, if they're going to be 

in air commerce? 

A If they're going to be in air 

commerce, if it's a screw-type cap, there has 

to be a positive means across the screw-type 

cap to prevent movement 

MR. MORRIS: Okay. Your Honor, I 

offer C-3-3 for identification as C-3-3. 

JUDGE GOODWIN: Ms. Felts 

MS. FELTS: I guess we have an 

issue with this. Your Honor. I mean, this is 

in our packaging. We -- the carrier has no 

way to know -- I guess I'm trying to figure 

out what it's being offered for, because we 

have no -- we would have no way of knowing 

this. We don't open packages. 

JUDGE GOODWIN: Well, he hasn't 

suggested that. 3-3 for identification is 

received in evidence as Complainant's 3-3, 

over objection. 

(202) 234-4433 

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(Complainant's Exhibit C-3-3, 

previousl y marke d for 

identification, was received in 

evidence) 

BY MR. MORRIS: 

I'd next ask you to turn to C-4 

for identification. What is C-4? 

A C-4 is the Service Order that was 

asked for by the shipper. In other words, 

this is the shipper directing the shipment, 

that identifies the level of service. 

Q And the level of service in this 

case was what? 

overnight. 

Was a pri -- express priority 

Okay. So basically going from the 

West Coast -- or from the East Coast to the 

West Coast overnight? 

A Correct. 

Q And the tracking numbers -- do 

those tracking numbers correspond with the 

photographs and the packaging that you 

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observed on August 22nd, 2 007? 

Yes 

MR. MORRIS Your Honor, I offer 

C-4 for identification as C-4. 

MS. FELTS: No objection. 

JUDGE GOODWIN: C-4 for 

identification is received in evidence as 

Complainant's C-4 

(Complainant's Exhibit C-4, 

previousl y marke d for 

identification, was received in 

evidence) 

BY MR. MORRIS: 

I next ask you to turn to C-5 for 

identification. What is this document? 

A This is the shipper's order for 

the products, that identify what the material 

was, and the quantities in the two shipments. 

Q Okay. And again, this identifies 

it as the Nexium antibacterial gel? 

Q 

Yes 

And the quantitie s is indicate d 

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over on the right-hand side, for quantity, 

twenty-four each? 

A Yes. 

Q And on the left-hand side it 

indicates FedEx Overnight? 

A That is correct 

MR. MORRIS: Your Honor, I offer 

C-5 for identification as C-5 

MS. FELTS: No objection. 

JUDGE GOODWIN: C-5 for 

identification is received in evidence as 

Complainant's 5. 

(Complainant's Exhibit C-5, 

previousl y marke d for 

identification, was received in 

evidence) 

BY MR. MORRIS: 

Q I next ask you to turn to C-6 for 

identification. What is this document? 

A This was a Material Safety Data 

Sheet that I received from the manufacturer of 

the material, the Royal House Corporation. 

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A I contacted the Royal House 

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Data Sheet as part of the investigation. 

Q What is the significance of the 

Material Safety Data Sheet as part of your 

investigation? 

A Basically, it'll give --

give me a better idea of what the --

classification of the material is 

it will 

what the 

Q Okay. And would you explain to 

the judge the key points on this document, 

that were reported to you as part of your 

investigation, 

A The first point was the 

information on ingredients, which is number 

two, which gave me that the contents, or the 

hazardous contents of this product was the 

ethyl alcohol on that. The second point 

that's used, to kind of give me an indication 

of whether a material may meet hazard 

classification, is the -- there's an HIMS code 

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that indicated the flammability of three. And 

that's just used as a general indication. 

The main indication, if there is 

questions in regards to flammable liquids, 

under number five, firefighting measures, it 

gave me a flash point of 74 degrees 

Fahrenheit, which helps me identify not only 

if it's flammable, but also the packing group 

under the material. 

Q So what kind of packing group was 

this? 

With the 74 degree flash point 

under 49 CFR 121, it's Packing Group 3, 

Flammable Material. 

Q Okay. 

A Further information under 14, a 

number of material safety data sheets, even 

though they're not required to have transport 

information, also, a lot of times, will 

include transport information. In this 

particular case, it does give some general 

information in regards to how to transport it. 

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MR. MORRIS: Your Honor, I offer 

C-6 for identification as C-6 

MS. FELTS: No objection. 

JUDGE GOODWIN; C-6 for 

identification is received into evidence as C-

(Complainant's Exhibit C-6, 

previousl y marke d for 

identification, was received in 

evidence] 

Q 

BY MR. MORRIS 

I'd next ask you to turn to C-7 

for identification. What is this document? 

A This is basically an informal 

interpretation that has been kept on. At the 

time, it was the Research and Special Programs 

Administration Web site Informal 

interpretations, we use a lot of times to help 

clarify if there's any issues associated with 

either the offering or the transport of 

hazardous materials 

It's used as guidance out in the 

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field, for helping us to identify certain 

issues 

Now was this "interp" included in 

your Enforcement Investigative Report? 

A 

Q 

your ERI? 

A 

Yes; it was 

So why did you include this in 

In this particular case, based on 

the response that I received back from Federal 

Express, I utilized it to help in 

understanding what the responsibility is of a 

carrier, that the information has been out 

there since, in this particular case, an 

interpretation since 1998. In regards to 

that, a carrier may not just simply rely on a 

shipper certification in identifying what a 

hazardous material is, as in this case. 

Q Here, you're talking about 

specifically paragraph three of this interp? 

Yes 

MR. MORRIS: Okay. Your Honor, I 

offer C-7 for identification as C-7 

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MS. FELTS: No objection 

JUDGE GOODWIN: C-7 for 

identification is received in evidence as 

Complainant's 7. 

(Complainant's Exhibit C-7, 

previousl y marke d for 

identification, was received in 

evidence) 

BY MR. MORRIS: 

I'd next ask you to turn to C-8 

for identification. What is this? 

A This is my Letter of Investigation 

that was sent out to Federal Express. 

Q Okay. And is it the normal course 

of your activity to send out a Letter of 

Investigation as part of your investigative 

activities? 

A Yes; it is 

Q Okay. And this is -- what is the 

purpose of the LOI? 

The LOI is to indicate that 

there's a potential violation found, as well 

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as it gives the opportunity to the regulated 

party to provide any additional information 

that would help in the investigation, to 

determine if there was a violation of the 

hazardous material regulations. 

Okay, And did you receive a 

response to this LOI? 

Yes. I did. 

MR. MORRIS: Your Honor, I offer 

C-8 for identification as C-8 

MS. FELTS: No objection. 

JUDGE GOODWIN: Complainant's 8 

for identification is received in evidence as 

Complainant's 8. 

(Complainant's Exhibit C-8, 

previousl y marke d for 

identification, was received in 

evidence! 

Q 

BY MR. MORRIS 

Please turn to C-9, and what is 

this document? 

A This was the lette r of response 

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that I received back from Federal Express 

Corporation. 

Q Okay. And does this response 

provide any corrective action for the 

violation that you observed on August 22nd, 

2007? 

A There was just mention that some 

managers were notified, some information was 

disseminated, as well as Mr. Littlejohn, who 

responded back to this, indicated that the 

employees were either notified and/or 

counseled in regards. 

Q Was that anything other than what 

would be expected, in any event? 

A No 

Q There was no type of corrective 

measures above what would have been required 

by 49 CFR? 

A 

letter; no 

Not that I could discern from this 

MR. MORRIS: Okay. Your Honor, I 

offer C-9 for identification as C-9. 

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MS. FELTS: No objection. 

JUDGE GOODWIN: Complainant's 9 

for identification is received in evidence as 

Complainant's 9 

(Complainant's Exhibit C-9, 

previousl y marke d for 

identification, was received in 

evidence! 

BY MR. MORRIS: 

Q So you ultimately put together an 

EIR, an Enforcement Investigative Report; 

correct? 

Yes 

So once you prepare your EIR, 

where does it go? 

A In our normal procedures, my 

investigative report would go to my immediate 

supervisor, who would review it. It would 

then go to his supervisor, who'd then review 

it It then is reviewed at our division 

level, and then would proceed to Legal, our 

legal folks, and in this particular case, it 

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went one additional step, in that it went to 

headquarters in Washington, D.C. to be 

reviewed. 

Q Okay. So do you make the ultimate 

determination of a sanction that is proposed 

in any given case? 

A No 

Q Okay. However, as part of your 

training, are you required to be familiar with 

the administrator sanction guidance? 

A Yes. I am. 

Q I ask you to turn to C-10 for 

identification. What is this? 

A This is the guidance that has been 

put out at the time that I utilized to make my 

recommendation for sanction. 

Okay. Now since it's been 

literally years since the time of the 

violation to now, has the guidance 

subsequently changed? 

A Yes; it has. 

Q But this is the guidance tha t was 

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A Yes; it was. 

Q Okay. I'd ask that we go through 

this and have you address the factors that the 

administrator has put forth in its publiclyavailable guidance; okay? 

And I'm at C-10. And on the top 

right-hand side of C-10, there are page 

numbers beginning with 19443, and C-10 

continues to 19450. Do you see that? 

A Yes. 

Q Okay. Now we're looking at the 

sanction guidance. I want you to start out by 

looking, going to page 19445. 

A Yes. 

Q Okay. It has you ask, or the 

administrator has someone go through an 

analysis to determine what the appropriate 

sanction range is, and then ultimately goes 

through a matrix; is that correct? 

A That is correct. 

Q Okay. The first thing I want you 

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to look at is the nature, circumstances, 

extent, and gravity of the violation. The 

material that was offered here, the 

administrator has put out three categories of 

risk categories; is that correct? 

A That is correct 

Q In this case, what risk category 

was this substance? 

A It was a Packing Group 3 flammable 

liquid. Therefore, it would meet Category B. 

Q Okay. And Category B, the 

administrator's guidance tells us to assess 

what kind of weight to that? 

A A moderate weight. 

Q Okay. What quantity of material 

was offered, or transported, or accepted for 

transport in this case was -- was two cases; 

right? 

A That is correct 

Q Forty-eight bottles. And in this 

case, did the shipment cause damage or harm to 

persons or properties? 

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A No; it did not. 

Q Okay. Because it didn't, there's 

no weight assessed, one way or the other; is 

that correct? 

A That is correct 

Q Okay. And the B, the violator's 

degree of culpability. Is the violator the 

manufacturer of the hazardous material in this 

case? 

A No; it is not. 

Q Okay. Did someone other than the 

violator prepare the shipment for 

transportation? 

A The shipper would have prepared 

the shipment for transportation. 

Okay. So that would be 

mitigating, somewhat, in this case; is that 

correct? 

A 

Q 

That is correct 

Okay. And then did the violator 

reasonably rely on incorrect information from 

another source? 

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A No. 

Q Okay. Why? 

A They transport, they accepted and 

transported. They were the ones that accepted 

it and transported it. 

Q Okay. And in air commerce, one 

cannot transport ORM-D; correct? 

A That is correct. 

Q Okay. And one cannot transport 

ORM-D Air without shipping papers? 

A That is correct 

And in this case, we don't have 

shipping papers, and we have the wrong marking 

on the shipment; correct? 

A Correct 

Q Okay. Now does FedEx, in your 

investigation, did you check to see if FedEx 

had a violation history? 

A Yes. I did. 

Q And as part of your investigation, 

what did you discover about FedEx's violation 

history 

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A FedEx had a violation history over 

the course of the period that I checked. 

Q Okay. And did you include that as 

part of your EIR? 

A Yes. I did. 

Q And I ask you, before we continue 

with the matrix, to go to C-11 for 

identification. Do you see that? 

A Yes. I do. 

Q Do you recognize that? 

A Yes. 

Q What is this document? 

A Basically, this is a record review 

of an enforcement investigative system that 

identifies past violations in the system for 

regulated parties. 

Q Okay. So in 2007, how far did you 

go back? 

A At that time, I ran a three year 

history check. 

Q Okay. Why only three years? 

A At that time, that was our 

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procedures 

Q Okay. And so there are five prior 

violations against FedEx. So did you consider 

that in determining -- or would one consider 

that in determining a sanction against FedEx, 

under the administrator sanction guidance? 

A Yes. I would. 

Q Okay. In fact, if you look at 

page 19446, doesn't it indicate that 

ordinarily, findings of violation more than 

five years old carry less weight? 

A Yes; it does 

Q So you only went back three? 

A That is correct 

Q Okay. And then based on these 

factors, there's a totality of circumstances 

type of analysis that's done; correct? 

A 

Q 

Correct 

There's no mathematical formula, A 

plus B equals C? 

No. 

There's range that the 

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administrator provides in exercising the 

administrator's judgment? 

A That is correct 

Q Okay. And that range is set forth 

in the administrator's matrix that begins on 

19447 and continues over to 19448? 

A Yes. 

Q Okay. So what type of air carrier 

is FedEx for sanction purposes? 

A For sanction purposes. Federal 

Express Corporation is a Group 1 air carrier. 

Q And that' s given not only by the 

number of the aircraft but the size of their 

revenue? 

That is correct. 

Q Okay. And as a Group 1 air 

carrier, what is the sanction range for 175.30 

violations? 

A For 175.30 violations, on the 

A, 173.30A violations, the sanction range 

is 5,000 to 27,500 per violation. 

Q Per violation. And so in this 

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case you have two improper acceptances with no 

shipping papers? 

A There were two improper 

acceptances with no shipping documentation. 

Q And you have two improper 

acceptances for improper markings? 

A 

there? 

Yes. 

Okay. So you have four violations 

That is correct. 

Q And then how many violations of 

the other 175 violations, in this case 175.3? 

A There would have been two 

violations there. 

Q And the sanction range for other 

175 violations is five to 15,000, is it not? 

A That is correct. 

Q Okay. So you have six violations 

with a range of between 30- and $165,000? 

A That is correct. 

Q Does the administrator's request 

for 37,500 fall within that range? 

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A Yes; it does. 

Q Now let's assume that we just look 

at the two separate shipments, and assume that 

the sanctions were multiplicious for each 

shipment. In other words, just two. 

considering one shipment, all the violations 

were multiplicious for sanction, is one, 

another shipment, all the sanctions were 

multiplicious for that. You've got two 

shipments; correct? 

A That is correct. 

Q So the sanction for that would be 

10- to 55,000? 

A Yes. 

Q So 37,500 fits dead center in 

that, doesn't it? 

A 

history? 

A 

Yes; it does 

Even ignoring the violation 

Correct 

MR. MORRIS: Okay. Your Honor, I 

offe r C-11 for identificatio n as C-11. 

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MS. FELTS: No objection. 

MR. MORRIS Or strike that C10. I'm sorry, 

JUDGE GOODWIN: Okay. 

MR. MORRIS: And I offer C-11 for 

identification as C-11. 

JUDGE GOODWIN: Complainant's 10 

for -- Ms. Felts, do you have an objection to 

either one? What the court normally does with 

regulations is we take judicial notice, and we 

will -- even though I'll admit this, we always 

make a point of looking at the regulation 

that's applicable at the time. 

You know, if Mr. Morris wants to 

produce it as an exhibit, that's no problem 

either; but we always look at the regulation 

at the time of the violation. 

So Complainant's 10 for 

identification is received in evidence as 

Complainant's 10. And you have no objection 

to Complainant's 11, is that correct, Ms. 

Felts? 

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not 

JUDGE GOODWIN: Okay 

Complainant's 11 for identification is 

received in evidence as Complainant's 11. 

(Complainant's Exhibit C-10 and C11, previously marked for 

identification, were received in 

evidence) 

MR. MORRIS: And I just want to 

close with a couple other things here. Your 

Honor, 

BY MR. MORRIS: 

So the shipping name for this hand 

sanitizer was ethanol/alcohol solutions; 

correct? 

A 

Q 

That is correct 

And you had pervious identified it 

as a Class 3, packing group 3? 

A Yes 

Q And the UN identification number 

for this should have been UN 1170? 

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MR. MORRIS: Nothing further, sir 

JUDGE GOODWIN: Cross 

MS. FELTS: May I Stay seated. 

Your Honor? 

JUDGE GOODWIN: Pardon me? 

MS. FELTS: May I stay seated? 

JUDGE GOODWIN: Yes. 

MS. FELTS: Thank you. 

CROSS-EXAMINATION 

BY MS. FELTS: 

Q Good morning, Mr. Stiger. I just 

have a few questions, and I apologize, in 

advance, if they seem to jump around. I was a 

bit of notes. So if the subject matter goes 

back and forth, I do apologize about that. 

I want to ask you, first, just 

about -- you mentioned, when Mr. Morris was 

speaking with you, that you had conducted over 

500 inspections. How many of those were 

regarding Federal Express facilities? 

Do you have a general range? 

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1 A I mean, just to give you a ball 

2 park figure, a certain percentage of that, 

3 maybe 5 percent, 10 percent, based on -- if 

4 you're talking strictly air carriers on that, 

5 a little bit higher, but you have to realize 

6 that we do air carriers as well as shippers in 

7 our inspections and investigations. 

8 Q Yes. 

9 A And my experience has been, is 

10 that the shippers take up at least 50 percent 

11 of my inspection and investigation time. 

12 So between that and the number of 

13 carriers that we have, probably 5 percent 

14 would be a good ball park guess in that 

15 regards. 

16 Q Thank you. What I'm getting at is 

17 I'm trying to just get a sense of the gauge of 

18 your familiarity with FedEx operations. 

19 That's why I was asking how many times you had 

20 visited, you know, FedEx facilities, just to 

21 get us into that cause it will inform my later 

22 questions. 

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A Oh, number-wise? If you're 

looking at number-wise, it probably, based 

over the course of my career since January 

1997, it could be anywhere -- I would say at 

least -- probably over a 100, a 100 different 

times based -- not that's at one station ,but 

the number of stations that Federal Express 

has in my area of responsibility. The number 

of stations based on each carrier kind a 

dictates -- will kind a dictate the numbers 

that I look at. 

Okay, So you said a couple 

hundred times, or a 100 times or so. I don't 

want to put words in your mouth. 

A At least a 100 times. 

Q Okay. So in the course of those 

100 time inspections, are you aware, did you 

observe, you know, how automation plays a 

large role in FedEx operations? 

A I see that in FedEx operations as 

well as other integrator, air carrier 

operations, yes. 

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Q Okay. And just kind of, you know. 

given that, with that on the mind, I want to 

turn your attention to Complainant's Exhibit 

C -- I hope I don't fudge the numbers here --

C-2, the tracking documentation, the FedEx 

tracking documentation that you and Mr. Morris 

spoke about a little bit ago. 

Yes. C-2 You testified that 

that -- these scans, you know, represent -- or 

these -- I'm sorry -- these entries represent 

that the package had been scanned on the order 

of four or so times. That's correct? 

A In my observations, I've seen 

scans based on that, where it's a physical 

scan. Now I know of other operations, and 

sometimes there's what's considered a logical 

scan, whereas the shipment, based on the fact 

that if it got to one point, then it will 

logically assume that it got via another point 

on that 

I'v e experienced tha t a lot with 

United Parcel Service scans where a logic scan 

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is utilized. My experience in watching 

operations in my area of responsibility in 

Oregon, I'll see physical scans. On the times 

when I see the loaders will load, I'll see a 

physical scan as well as sometimes I'll see 

hand physical scans when shipments are picked 

up, or pallets are scanned. 

Q Sure. But, you know, for every 

entry on this printout here, that represents 

Complainant's Exhibit C-2, you don't know if 

these represent physical or machine scans, do 

you, for every single one of these? 

A They could be a machine scan. My 

experience has been -- is at least at the 

point initially, when it is tendered, I've 

seen a physical scan by the employee, by the 

air carrier employee. I have seen physical 

scans as an item is taken from a belt and 

scanned via a machine, with the loader holding 

it as it's placed in a unit load device. 

Q Okay. Let me turn your attentio n 

now, if I could, to -- let's see, I believe i t 

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1 was -- bear with me one moment, Mr. Stiger, 

2 while I page through here. Complainant's 

3 Exhibit C-1, your agent's statement. 

4 I note here that you mention that 

5 the package -- the packages, you know, marked 

6 on both sides, of each respective package, 

7 with the consumer commodity ORM-D marking. Am 

8 I reading that right? 

9 A Yes. 

10 Q Okay. Now let me turn -- again, I 

11 told you I was going to skip around a lot --

12 so let's go now, if we could, to your 

13 photograph. Photograph 3-1, which is 

14 Complainant's C-3. The photograph here shows 

15 a marking on one side of the box. 

16 Am I looking at that correctly? 

17 A Yes. 

18 Q Do you have a photograph of the 

19 markings on both sides of the box, as you 

20 noted, you observed in your statement? 

21 A Yes. There -- I believe I took 

22 pictures just of the markings that were next 

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to the labels. But I recollect, at that time, 

there was an additional marking, I believe on 

the other side of both of the packages. 

Q But you don't have photographs 

representing the --

A I did not have photographs of both 

of those; no. 

Q Okay. Let me go to, now, talking 

a little bit about, you know, ORM-D. You 

mentioned that, you know, it wasn't -- it 

didn't have that Air marking on it. But just, 

you know, ORM-D alone, that could move by 

ground; correct? 

A This shipment, as marked, and as 

packaged, based on my investigation, could be 

transported via ground. 

Q And the regulatory requirements 

for ground transportation are pretty minimal. 

Would you agree with that statement? 

A The regulatory requirement is a 

ORM-D marking on the side of the package to 

move by ground transport; yes. 

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Q Okay. Now let's talk a bit about 

the actual material, the Nexium hand 

sanitizer. At the time of inspection, the 

package, you know, was opened. Was it 

leaking? 

A No; it was not. 

Q 

A 

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Emanating any type of odor? 

I did not detect any odor. 

Were the sides or any part of the 

package wet? 

Q 

No 

And was the were the items 

inside the package intact? 

A The inner containers? 

Q Yes. 

A The inner containers, there 

appeared to be no indication of leakage or 

seepage that I could detect. 

Q And this item, this Nexium hand 

sanitizer, I mean, this is, again, a consumer 

commodity item. It could be purchased off a 

shelf at a grocery store; can it? 

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A My understanding is Nexium hand 

cleaner is -- is a number of ethanol solutions 

that can be purchased for anti-germ usage. 

Q I mean, you've never known hand 

sanitizer to bring a plane down or cause an 

emergency response incident, have you? 

A No, but I've known flammable 

liquids to have problems in aircraft. 

Q But not hand sanitizer; right? 

that you know of. 

A Not to my knowledge. 

Q Okay. Let's talk a bit about the 

LOI and the response received back from 

Federal Express. Let's see. Well, actually, 

let me just -- I'm going to focus on the 

Letter of Response, Complainant's Exhibit 9. 

Now you mentioned that, when Mr. 

Morris and you were talking, you know, that 

there was a mention of corrective action. 

You mentioned that it was just a 

manager sending a reminder to the field. Or 

I just -- I wanted to walk through some of 

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these things, to see if there was -- if you 

noted these other items, cause there were some 

additional items mentioned in this Letter of 

Response by way of corrective action. 

Let's see. There's a mention at 

the bottom paragraph. I'm sorry. This is on 

-- let me find my reference. I apologize. I'm 

sorry. At the top of page two of 

Complainant's Exhibit C-9, there's, you know, 

mention of -- the first full sentence that 

starts with "since." 

"Since this issue came --

JUDGE GOODWIN: Now just for the 

record, I've remarked the exhibits, and the 

page you're referring to would be two of 

eleven, 

MS. FELTS: I'm probably on the 

wrong exhibit then. Your Honor. I apologize. 

JUDGE GOODWIN: No. You're on the 

correct one. Mr. Morris marked at the bottom 

of that page, nine hyphen two. Because 

Exhibit 11 -- because this exhibit has 11 

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would be two of eleven, being 11 pages of the 

exhibit, but at the bottom right, in black, is 

9-2. 

MS. FELTS: I follow you. Thank 

you. Your Honor. 

JUDGE GOODWIN: And you're talking 

about the first paragraph, beginning, or the 

end of the paragraph that carried over from 

page one? 

MS. FELTS: The end of the 

paragraph that carries over from page one. 

The first full sentence that starts with 

"since." 

I just want to read this to you 

and then ask you if that -- if you see what 

I'm saying here. 

"Since this issue came to our 

attention, all shipping labels from this 

customer are scanned by our employees when 

affixed to the packages." 

I'll go to this next sentence too. 

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"All labels -- excuse me. "All 

employees working at this location have been 

made aware of this procedure, and look for any 

DG markings or labels that might be applied." 

Did I read that as appears on that 

page, Mr. Stiger? Did I read that right? 

THE WITNESS: All employees 

working at this location have been made aware 

of this procedure, and look for any DG 

markings labels, that might have been applied. 

MS. FELTS: Yes. 

THE WITNESS: That is correct. 

BY MS. FELTS: 

Q Okay. So, you know, this -- is 

this not a type -- you know, physically 

scanning all labels. This does not sound like 

a new practice that has been specifically 

instituted to redress a specific issue. 

That's the type of corrective action that 

would go above and beyond, that's mentioned in 

the penalty matrix. 

A The duty for an air carrier to 

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inspect a package is a basic -- basic 

procedure. 

Q Okay; fair enough. Getting at, 

you know, the other parts of this, you know. 

there's there was also mention of the 

shipper was embargoed. They visited the 

shipper in shipper outreach. Is that also not 

the type of corrective action that should be -

- that can be taken in account, or should be 

taken into account when looking at penalty 

guidelines? 

A My understanding, it would be a 

good business practice for any transporter to 

get with its shipper, to determine what is 

properly ship -- you know -- what is properly 

shipped on that, as opposed to a additional, 

"above and beyond" mitigating factor. I do 

not believe that what would be normally done 

in a normal business practice qualifies as 

"going above and beyond." 

Q Well, will you at least agree with 

me that in this instance, FedEx expressed, by 

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way of corrective action did more than just 

communicate something to employees? 

A As well as they communicated to 

the shipper, which was also communicated via 

Letter of Investigation from myself -- or from 

the Agency to the shipper as well. 

Q And since you mentioned that, I 

mean, was the shipper actually fined for the 

shipment' 

The shipper I prepared an 

enforcement investigative case for this one, 

and a civil penalty was, to my understanding, 

was issued to the shipper, and then it was 

settled. 

Q Do you know for what amount? 

Yes. I do, Mr. Morris, objection. 

Relevance, Your Honor 

JUDGE GOODWIN; 

relevant to this case? 

How is that 

MS. FELTS Well, the crux of 

Federal Express's argument, or part of the 

crux of the argument is going to be the 

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appropriateness of the penalty, and when the 

shipper has responsibility of classifying the 

item, if they are penalized less than the 

carrier --

JUDGE GOODWIN: Well, the court's 

concern is that there's a long body of case 

law discussing issues of settlement, and the 

underlying reason being that using settlement 

discussions dampens the party's willingness to 

undergo settlements, and this court is very 

reluctant to consider, you know, any 

settlement issues, any settlement discussions 

in a case, even though it's related to this, 

because the case was settled. 

MS. FELTS: Well, let me ask you 

this question, then. 

BY MS. FELTS: 

Q Do you know what the actual 

penalty, the original penalty was, issued to 

AstraZeneca? 

A I made a recommendation; yes. 

Q What was that recommendation? 

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MR. MORRIS: Objection, Your Honor. 

Irrelevant. What he recommends and what 

ultimately goes out could be completely 

different. Or could be the same. But it's 

not relevant. 

JUDGE GOODWIN: I'm going to 

sustain it. The reason is that the court's 

familiar with the processing of these cases, 

and in every case that the court is aware of, 

the agent makes a recommendation. The court 

doesn't even know to what extent those 

recommendations are adhered to. But his is a 

recommendation. So I don't see any relevance, 

at all, to the issues in this case. So 

sustained. 

MS. FELTS: Let me move on, then. 

to talking about the penalty assessment 

against Federal Express, then, if I may. 

Q 

BY MS. FELTS 

Complainant's Exhibit C-10, the 

actual sanction guideline, you mentioned 

earlier that this substance was you 

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Once it passes that, then the next 

hurdle that a product must take is -- in this 

particular case the base classification is 

ethanol/alcohol solutions, ethanol on that. 

You are referenced to 173.150 on there, which 

requires you to meet, one, not only the 

limited quantities, but since this, these two 

shipments were offered for air transportation, 

the packaging in them requires to meet the 

specifications in 173.27. 

In this particular case, these two 

shipments would not have been qualified, based 

on the packaging, to be offered for air 

transportation. Therefore you go to the base 

classification. 

In other words, you would never 

have gotten to point C, which is to say yes, 

this meets the reclassification of a consumer 

commodity for air transport. 

Q Okay. Let's move now to -- you 

were talking before about the FedEx Express's, 

you know, dangerous goods enforcement record. 

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again, part of the penalty calculation, and 

things like that. 

When you were examining their --

FedEx's Express's past -- and let me back up 

a second. I'm using FedEx Express and Federal 

Express Corporation interchangeably, I'm 

meaning the same company. I don't want to 

cause any confusion. 

A You're talking the air carrier 

company? 

Q 

A 

Yes. Yes. I just wanted --

The certificated air carrier? 

Yes 

A Okay, 

Q I just wanted to make sure I was 

being clear on that. I go back and forth so 

much, I just have to stop for a second. 

So in examining the Respondent's 

FAA enforcement record, did you consider the 

fact that, you know. Federal Express moves 

approximately 30- to 35,000 dangerous goods 

packages daily? 

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A I have no information that tells 

me that they move that many shipments. 

Q Well, did you consider, I guess, 

the calculation of the rates, their rates by 

way of -- what I mean by that is any 

calculation by way of the rate of violation 

per incident. Do you look at that at all? 

MR, MORRIS: Your Honor, 

objection. It doesn't make a difference if 

they move one box or they move 100,000 boxes 

a day. The focus is the violation for these 

particular shipments. 

The statute doesn't say if I move 

a bunch of stuff, I get treated differently, 

as opposed to I move one box. 

JUDGE GOODWIN: Overruled. 

Q 

BY MS. FELTS 

And would you agree, Mr. Stiger, 

that there might be more probability for error 

when you're carrying a higher number of DGs, 

than someone who's just carrying one a day? 

No On the contrary, my 

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experience has taught me, is that those air 

carriers that do not do it on a regular basis 

have a higher tendency to have violations in 

shipments than carriers that do it on a 

regular basis 

Q And when reviewing and looking at 

FedEx Express's enforcement history, the prior 

violations you mentioned, do you know whether 

they're similar, under the same facts as the 

case here? 

A There's on the ones that 

usually the -- the 175.30 violations, or 175.3 

violations, are an indication of acceptance 

violations 

Q But you don't know the exact 

circumstances, if they're similar? 

A do not know the exact 

circumstances of each, each violation that's 

listed on there; no 

MS. FELTS: Okay. I don't think I 

have anything further. Let me just scan my 

notes, quickly, again. 

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I'm sorry. I do have one 

additional questions, going back to the 

shipment itself. 

BY MS. FELTS: 

Q You know, there was, I think there 

was mention, in review of your statement, that 

there were two boxes to a consignee, but it 

should have been one shipment? Is that --

A No. My understanding is it was 

under two separate tracking numbers, so you 

had to track those were tracked 

individually. My experience is with large 

integrators. If you have a shipper that has 

multiple shipments, you'll have a master 

tracking number, and then subsequent 

individual packaging tracking numbers, and I 

treat those as one shipment. 

In this particular case, it was 

under two separate tracking numbers on that. 

Therefore, it was two separate shipments. 

I did not see one master number 

associated with two separate package numbers 

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MS. FELTS: Okay. Thank you, Mr 

Stiger. I don't have anything further. 

JUDGE GOODWIN: Redirect? 

MR. MORRIS: I do, sir. 

REDIRECT EXAMINATION 

BY MR. MORRIS: 

Q Ms. Felts asked you about leaking 

odor, wet, and the package being intact. Is 

good luck a mitigating factor in the shipment 

of hazmat? 

A No 

In fact, I ask you to turn to C10, page 19445. The right-hand column, 

JUDGE GOODWIN: And that would be 

page three of eight in the court's exhibit 

BY MR. MORRIS 

Q Do you see the question: Did the 

shipment cause damage or harm to persons, 

property, or interfere with commerce? 

A What page? 

Q It's 19445 at C-10. 

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Q Yes. The right-hand side, halfway 

down. Question number three in the sanction 

guidance. 

A Yes 

Q You see the guidance not under 

number three? 

A Yes. I do. 

Q Please read that first sentence. 

A Under the guidance note, the fact 

that no damage occurred as a result of the 

shipment is not a mitigating factor; however, 

damage or harm may aggravate the nature, 

circumstances, extent, and gravity of the 

violation. Depending on the degree of damage 

caused by the shipment and/or the existence of 

other aggravating factors, departure from the 

ranges may be justified. 

Q So if there's a leak, it warrants 

an upward deviation in the sanction range? 

A That would be definitely an 

aggravating factor in the in any 

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enforcement case. 

Q And the fact that nothing 

happened, fortunately, in this case, gets no 

weight? 

A Correct 

Q Okay. Now Ms. Felts asked you if 

you could find this hand sanitizer in a 

grocery store. Can't you find lighter fluid 

in a grocery store? 

A Yes 

Q Isn't lighter fluid a hazardous 

material. Packing Group 1 or 2? 

A Yes; it is. 

Q Now I want you to turn to page C9-2, the Letter of Response. The mitigating 

factors that were addressed here, again, the 

first full paragraph, about halfway through 

that, where the vice president of the company 

was informed that they cannot offer DG 

shipments to FedEx without providing proof of 

training and corrective action. 

Is that anything that you wouldn't 

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otherwise expect a company, after they've been 

discovered, that they accepted a hazmat 

shipping? 

A No. As any company, you'd want to 

perform due diligence in regards to if the 

folks that are offering you shipments are in 

compliance with the regulations. 

Q And then above that, in the not 

first full paragraph, "All shipping labels 

from this customer are scanned by our 

employees when affixed to the packages." 

Would you expect anything 

different from a company's that accepting 

hazardous material? 

A No. 

Q Lastly, isn't there a reason, in 

air commerce, why we require an ORM-D Air 

versus a regular ORM-D shipping marking on a 

package that is going in air commerce? 

A Yes. 

Q And isn't part of the reason 

because the ULIs that can occur because of the 

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1 pressurization dealing with the caps, that you 

2 don't experience at five thousand feet on the 

3 ground as opposed to 35,000 feet in the air? 

4 A That is correct. The requirements 

5 on that are to address unique situations that 

6 are experienced in air transport as opposed to 

7 ground transport. 

8 Q And because of these packaging 

9 requirements, because the air carrier would 

10 not know if the ORM-D that's being offered 

11 would actually qualify as ORM-D Air, raise 

12 their sensitivity as to the risk associated 

13 with an ORM-D as opposed to an ORM-D Air 

14 marking? 

15 A That is correct. An ORM-D tells 

16 you, right off the bat, that it probably is 

17 not qualified for air transportation. 

18 MR. MORRIS: Nothing further, sir. 

19 JUDGE GOODWIN: Okay. And you're 

20 finished with this witness? 

21 MR. MORRIS: Yes, sir. 

22 JUDGE GOODWIN: Sir , I' m goin g t o 

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discuss you not to discuss your testimony with 

anybody prior to the conclusion of the 

hearing. 

THE WITNESS: Yes. 

JUDGE GOODWIN: All right. You 

may step down. 

JUDGE GOODWIN: Since it's 10:30, 

let's take a break until about a quarter of. 

And do you have any additional witnesses? 

MR. MORRIS: No, sir. That's it. 

JUDGE GOODWIN: Okay. We'll take 

a break until 10:45. 

(Whereupon, a recess was taken 

from 10:32 a.m. to 10:45 a.m.) 

JUDGE GOODWIN: Back on the 

record. 

sir 

Your position, Mr. Morris? 

MR. MORRIS: The Government rests. 

JUDGE GOODWIN: Ms. Felts 

MS. FELTS Your Honor, Federal 

Express calls Patrick Oppenheimer. 

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many witnesses do you have? 

Okay. And how 

MS. FELTS: Two, Your Honor. 

JUDGE GOODWIN: Okay. And what's 

your rough estimate on how long they'll take? 

MS. FELTS: I think we can get in 

-- I think we can -- let's see. We'll break 

for lunch around noon, you were saying 

earlier, I believe? 

JUDGE GOODWIN: Yes. 

MS. FELTS think we can 

accomplish Mr. Oppenheimer's direct before --

there's no way it will take me more than an 

hour to do that. Probably less. 

JUDGE GOODWIN: Let me throw this 

out to the two of you. 

MS. FELTS: Sure 

JUDGE GOODWIN: We can I mean. 

it's ll:00-ish now. What's convenient for the 

two of you? Do you want to take one witness, 

let's assume we get through direct, and break? 

Do you want to break now? Your call. I mean. 

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down, sir 

THE WITNESS: Not that I've tracked 

JUDGE GOODWIN: My father used to 

think he was the most brilliant physicist of 

our time 

about him. 

THE WITNESS: I've read a good bit 

JUDGE GOODWIN: Ms. Felts. 

MS. FELTS: May I stay seated. 

Your Honor? 

Q 

JUDGE GOODWIN: Yes. 

MS. FELTS: Thank you. 

DIRECT EXAMINATION 

BY MS. FELTS 

Mr. Oppenheimer, can you state who 

you work for. 

A I work for Federal Express, 

sometimes referred to as FedEx Express. 

Q Where are you -- I'm sorry. Where 

are you -- where do you -- what location of 

theirs do you work at? 

A I work at headquarters in the 

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Q Could you provide that business 

address. 

A 3670 Hacks Cross, Building G, 

Memphis, Tennessee 3 812 5 

Q 

Express? 

A 

What is your job title at Federal 

Senior manager of corporate safety 

programs, which includes some miscellaneous 

safety programs -- OSHA, industrial hygiene, 

fire prevention, as well as the dangerous 

goods program, and alcohol and drug testing. 

position? 

How long have you been in that 

At this position, approximately 

eight years at the senior manager position. 

Q Prior to that, what did you do? 

A I was manager of the Dangerous 

Goods Administration, and prior to that, I was 

a technical advisor to the Dangerous Goods 

Administration, and prior to that, a 

specialist in roles, everything from as an 

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instructor to dangerous goods as well as a 

compliance officer dealing with our dangerous 

goods instructors an safety managers 

throughout the global system. 

Q In total, how many years have you 

been with Federal Express? 

A Thirty-six. 

Q You mentioned, a moment ago, 

Dangerous Goods Administration. Could you 

describe what that group -- you mentioned 

that's a group you oversee. Could you 

describe what that group does for the company. 

A The Dangerous Goods Administration 

is responsible for the overall compliance of 

the dangerous goods program, which what we do, 

or what they do, is they look at everything 

from current regulation, proposed regulation, 

and so forth, and then we have specialists 

that then interact with the training 

development people to make sure that the 

training courses are appropriate for dangerous 

goods. 

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1 They are responsible for incident 

2 response and coordination in the event that 

3 there was a release of a package that spilled, 

4 as well as filing of regulatory reports on 

5 incidents, and so forth. 

6 They also act as a second level of 

7 support to our dangerous goods hotline, which 

8 is another group that I'm responsible for, 

9 that assist customers and/or operations staff 

10 in the day to day acceptance, or 

11 interpretation of regulations, they offer 

12 opinions, as well as we also have a group 

13 that, for over 3 0 years, have been conducting 

14 dangerous goods seminars to our customers, or, 

15 or that matter, any shipper that wants to 

16 learn how to use the regulations. They attend 

17 our dangerous goods seminars. 

18 Q Besides the items you already 

19 mentioned, what other aspects of the DG 

20 program is in existence at FedEx Express? 

21 A Well, the -- we also have a group 

22 that is responsible for the development of the 

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training programs, and the development of the 

training programs for dangerous goods crosses 

over into numerous areas, because we have 

individuals that may very well handle packages 

at any given time. 

So we've got courses that are for 

all employees that may interface with any 

package, and that's basically the dangerous 

goods awareness training.So that 

develops that course. 

group 

We also have what we call 

dangerous goods specialist training for 

individuals that are responsible for the 

inspection of dangerous goods packages, and 

inspection to the point of acceptance, if you 

will. 

So the typical courier, and the 

courier is the driver of the pickup and 

delivery type vehicles, as well as the 

customer service agent that may work at a 

Federal Express counter, they're responsible 

for having DG awareness training, and they 

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must go through the DG awareness training 

course, corporate policy is once a year. 

The DG specialist training, 

however, is a more in-depth training program 

that's also developed by your safety training 

development people, and that training is also 

once a year But it's much more indepth training and deals more with actual 

inspection for acceptance. 

Q What other types of DG training 

are offered by the company? 

A Well, we've got DG training that's 

provided to pilots. That is not an area that 

I'm responsible for, but the pilots receive 

training through our air ops division. Every 

driver, even of the tractor trailers, or 

drivers that do what we call "line haul," or 

any ramp employee, all of those have to have 

at least dangerous goods specialist training. 

We also -- sometimes people 

confuse the hazard awareness program as a 

dangerous goods program, and it really is more 

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of an OSHA training program. But all 

employees also have to undergo that type 

training. 

What format is this training 

provided in? 

Well, the for the handler 

training per se, it's either a computer-based 

training, or it's a interactive course that 

the employee is able to learn as they go 

along, with different modules, and modules 

include everything from awareness of hidden 

dangerous goods or constructive knowledge, in 

so far as any indication that the package may 

contain dangerous goods, as well as how to 

properly handle a marked, labeled and 

certified dangerous goods. 

The recognition of hazard classes. 

The recognition, hazard class labels, 

markings, and that type thing, because they 

then have to segregate, or keep them separated 

from other marked and labeled, and documented 

dangerous goods package. 

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1 They also learn things like 

2 special loading for radioactive material, for 

3 instance, based on the transport index and the 

4 -- any animals and/or flight crew, as well as 

5 what to do in the event of a leaker incident, 

6 who to call in the event that they have 

7 questions, and so forth. 

8 But the awareness training, again, 

9 is either CBT training or in some of the areas 

10 where we've got a significant number of 

11 employees working at one facility, like a sort 

12 facility, what we call a hub, at that time 

13 they may actually use a video, and then they 

14 go online and then take a test.So that's the 

15 awareness training. 

16 The specialist training is 

17 classroom training, and that's basically a 40 

18 hour course that teaches them how to use the 

19 regulations. Now both courses deal in a 

20 significant amount of what we call job aids, 

21 because we clearly believe that there's so 

22 much content in the regulations, that the more 

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job aid we provide them, that it helps them in 

their job function, allows them to recall the 

information better. 

But for DG specialist training, 

it's classroom for the initial class, and then 

their recurrent training is based on also 

computer-based training, interactive, where 

they go through changes to the regulations for 

the year as well as quizzes, and then the test 

as they go through that. 

Q Besides the training you mention 

and the job aids that you referenced a moment 

ago, are there any other resources provided 

to, or available to these employees out in the 

field, that are regularly interfacing with 

dangerous goods packages? 

Well, we've got very 

comprehensive outreach and communication 

program that we have. One is through posters 

that come our, periodically, that basically 

may remind, or interface with people about 

responsibilities for -- look for these type of 

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1 hidden hazards, if you will. 

2 We also have what we call the DG 

3 News electronic bulletin board, and the safety 

4 Web site, and these are set up so that one, 

5 they can track any new information. DG News 

6 is set forth, and it's, it's really kind of 

7 older technology in so far as it's what we 

8 call a mainframe information screen. 

9 But whenever they sign on to that 

10 e-mail system, if you will, it tells them 

11 about changes that have been made to the DG 

12 News bulletin board. 

13 So I would say it would be -- on 

14 average, there's probably at least three to 

15 four different messages that are updated on DG 

16 News, that the DG specialist looks at, 

17 periodically. At the same time, we post that 

18 same information through safety alerts from 

19 the safety division, which of course I'm a 

20 part of, usually goes out under the -- under 

21 my director, but it's been written by my 

22 dangerous goods technical staff. 

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reminders, if we've seen a trend, let's say, 

in a particular type commodity, or we've seen 

a trend in even package handling, or a 

particular problem, type of packaging, one 

thing that comes to mind -- we were seeing 

releases, sometimes, from drums, the bottom 

chimes of drums, so we put out a reminder to 

our employees to be especially alert to those 

smaller drums, and make sure that they -- that 

if there's any dents, it's carefully looked 

at, or refused, if it's got dents at the point 

of acceptance. 

But that's some of the 

communications that we use. We also have a 24 

hour, seven-day-a-week on-call person for 

dangerous goods that, well, is required to be 

called for any incidents, but, at the same 

time, you could have a person working in 

Operations, that may contact them and say 

look, I'm really having difficulties here 

understanding if this package is acceptable. 

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for instance, maybe it's the quantity is 

incomplete, or something like that. And 

they'll assist. 

But most of the time, that's more 

for emergencies than anything else, because of 

their training, and job aids, help them to do 

their day to day job function. 

Q A moment ago, you mentioned the 

job function or title of DG specialist. How 

many of these are at each FedEx location? 

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dangerous 

Well, we require a minimum of two 

trained dangerous goods 

specialist at every aircraft interface. So 

that gives us, at least the ability, to have 

a back up in the event of a problem. But 

depending upon volume at that particular 

location, it may take three or four. 

But basically the common database 

of DG specialist may be anywhere -- you know -

- 6500 throughout the system and -- but I 

would like to emphasize that the DG specialist 

is really a job function at the time that 

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function. 

A DG specialist can be a courier. 

can be a customer service agent, or can be a 

handler that's also trained in the DG 

specialist duties. 

So we do, at different locations, 

actually have what we call DG spill cleanup 

agents, that do, 100 percent of the time, DGrelated duties. But in the typical station 

environment, the DG specialist duties take 

place at the acceptance window of basically 

the late afternoon for packages that have been 

picked up offered during that day cycle, if 

you will. 

Q Thank you. Let's turn, now, to 

talking about how a DG package, you know, 

moves in the FedEx Express system. How many 

dangerous goods packages does FedEx Express 

handle on a daily basis? 

MR. MORRIS: Your Honor, I object. 

Again, this is totally irrelevant to the facts 

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JUDGE GOODWIN: Understand. 

Overruled, 

THE WITNESS: The current volume 

of dangerous goods packages is approximately 

30,000 a day. Of that, probably 10-, 12,000 

are dry ice packages. So a significant number 

of dry ice packages. Then the remainder are 

everything from what we call ADG or IDG, which 

we just determine ADG or IDG based on how we 

choose to load them on the aircraft. 

And in reference to the typical 

way packages are processed, packages are 

offered to either a courier, which is pickup 

and delivery driver or a customer service 

agent, and at that point, if it's a marked, 

labeled, and recognized package as dangerous 

goods, when that courier then gets to the 

station, they put it in a designated dangerous 

goods package inspection area. 

That dangerous goods package 

inspection area then is worked by the DG 

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1 specialist. So what they will do is then 

2 using their check list, and other job aids 

3 they have, they'll go through and inspect the 

4 package to determine if it in fact has any 

5 errors that the shippers made. 

6 And it's important to note that 

7 that's what we're inspecting. Did the shipper 

8 make any errors? So at that point, the 

9 operator's job, other than just safe handling 

10 is. Has the shipper made any errors? 

11 If the package is then -- passed 

12 the inspection, at that point the DG 

13 specialist will enter it into our auto DG, 

14 which is our electronic DG manifesting system, 

15 and at that point, if it's an ADG, accessible 

16 dangerous goods, it gets then placed into a 

17 designated area to be loaded in the accessible 

18 dangerous goods ULD for the aircraft. 

19 If it's a station that then trucks 

2 0 to the ramp, or to the airport, at that point 

21 the accessible dangerous goods will be 

22 separated from the inaccessible dangerous 

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1 goods. In accessible goods are things like 

2 Class 6 toxic/infectious. Class 7, 

3 radioactive. Class 9 -- where the regulations 

4 specifically say these may be loaded anywhere 

5 in the aircraft. 

6 In fact, the Class 7's actually 

7 have to be loaded a minimum distance away from 

8 crew. 

9 At that point, those packages may 

10 very well be put into a normal non-DG, or at 

11 least non-accessible DG position, which means 

12 they're loaded with everyday freight. 

13 Now when the courier gets back to 

14 the station, for packages that were not 

15 identified as dangerous goods, at that time 

16 they just basically are processed and loaded 

17 into normal freight or normal package unit 

18 load devices or freight containers, and at 

19 that point those containers will be processed 

2 0 by the ramp, or the airport operations, as 

21 just the normal commodity, non-regulated type 

22 goods. 

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as well as the inaccessible dangerous goods 

that were loaded in the containers, at that 

point that information is then available on 

our dangerous goods manifest system, which the 

ramp then processes inbound, trucks and/or 

feeder flights, and so forth, and then updates 

the system based on where the dangerous goods 

packages, or what flight they're actually 

being loaded on. 

Q 

the stand? 

A 

Q 

BY MS. FELTS 

Do you have a binder up there, on 

I'm sorry. I do not; no 

I want to turn your attention to 

something in there already. 

Q 

Okay. 

It's at Tab C-2 It's 

Complainant, FAA's Exhibit 2 

A Okay. 

Q What is this information? What 

does this information tell you? 

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Q Okay. Maybe it's --

A It appears to be a record of 

package scans, if you will. 

Q Yes; that's what I'm looking at. 

A Okay. And how it was accepted, or 

at least first scanned into the system, August 

21st picked up, 3:40. That tells me it was 

picked up a courier, then processed at the 

station, and left the station at 7:43 and that 

was the Baltimore station. 

Q I'm going to interject, just for a 

second. The Baltimore station. What type of 

facility is that in the FedEx Express network? 

A Typically, the Baltimore station. 

and just looking at this by -- it would be 

basically a station or package terminal, that 

the pickup drivers report to, they're 

dispatched from there, and it's a collection 

point, if you will, for all the delivery 

routes in the Baltimore area, and then, at 

that point, those packages would then go to a 

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This particular situation, I can't 

really tell if it then went through the 

Baltimore ramp or not. I can't tell by this. 

This is -- okay. I'm sorry. 

Q No. That's fine. No problem. 

Okay. Then the next entry you see says 

Memphis. Let's talk about the Memphis 

facility and the role it plays in the FedEx 

Express network. 

A Okay. The Memphis hub, if you 

will, is the largest sort facility that FedEx 

currently operates. We have numerous ramp, or 

large ramp or sort locations, that basically 

their responsibility is to unload inbound 

aircraft, and, in some cases, inbound trucks, 

depending upon the type service. 

They then basically sort the 

packages to where the packages are destined 

for, and at that point they'll be reloaded 

into containers and be processed on outbound 

aircraft and/or trucks. 

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Now in the Memphis facility, we do 

have an accessible dangerous goods sort 

location, or sort building if you will, and 

all the accessible dangerous goods then go to 

that building for sorting. 

The inaccessible dangerous goods, 

which are your 6, 7's, 9's, and yes, even your 

ORM-D Airs, those packages travel within the 

normal sort system, and where the -- and by 

"sort system," I'm talking about the Memphis 

hub system of conveyers and slides, and so 

forth. And they're sorted also by 

destination, but they're processed with 

regular cargo And at that point the 

checker/sorter job title, if you will, is then 

scanning packages into the destination ULD or 

freight container. 

And at that point they also have a 

sort manifest that tells them what 

inaccessible dangerous goods they're 

expecting, and they then check it off, saying 

that, okay, I see this package, therefore it's 

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reconciled with the outbound manifest, and at 

that point anything that possibly shows up may 

be because it didn't come in on that inbound 

aircraft, maybe it was held over the day 

before 

But if it is then to be loaded in 

that container and not on the sort manifest, 

at that point they contact the DG specialist 

to update the Auto DG manifest. 

So the employees that works at the 

slide, if you will, for just the outbound 

regular commodity, they also process the 

inaccessible dangerous goods, and then the 

accessible dangerous goods are processed in 

another building. 

Q You mentioned the sort, and you 

described that. What type of mechanisms are 

involved in the sort process? 

A It's a highly-automated system but 

it does involve handlers or employees to in 

fact unload the containers to the input belts. 

So what they're doing is just mass handling 

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1 thousands and thousands, and in fact, even 

2 millions of packages in a given evening, and 

3 then unloading the container to the input 

4 belt. At that point all the packages then go 

5 to some -- basically the secondary systems, 

6 and the primary matrix secondary systems 

7 literally reads the label, or the transport 

8 sticker that's on the package, and based on 

9 the URSA destination and the type service, it 

10 then automatically diverts it to a number of 

11 possible belts and/or conveyer systems, that 

12 once that is then entered into the system by 

13 the readers, the diverters automatically 

14 divert the packages to their final or 

15 secondary areas, and at that point the 

16 checker/sorters -- well, you do have employees 

17 that work the belts, if you will, that then 

18 push packages down to their destination slide 

19 by URSA destination, and then the 

20 checker/sorter verifies that that URSA, or 

21 destination routing, is correct, and places 

22 the package in the freight container. 

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Q The looking -- turning -- looking 

at this exhibit here, that we talked about 

Memphis, and then next it says "Arrived at 

destination sort facility in Portland, 

Oregon." So what happens to the package 

there? 

A Well, if at 3:50, there is a 

posting indicating that the package departed 

the hub, and so at this point it was put on an 

aircraft, and the aircraft arrived at 

Portland, and then the scans were updated 

again, saying that the aircraft has arrived 

and the package has arrived. 

And at that point that was a ramp 

inbound scan, and then three hours later, 

there's a scan at the Medford, Oregon, 

location. 

Q And just to back up to the 

initial, first entry on August 21st, it says 

12:32 p.m., package data transmitted to FedEx, 

and then three hours later it's picked up. 

How? What happened there? 

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1 A That tells me that it's an 

2 automated customer, using one of the -- a 

3 number of possible FedEx customer automation 

4 platforms, in which they basically are 

5 processing the packages that are going to be 

6 offered to FedEx that day. 

7 And so they're entering it into 

8 the system, and it could be a stand-alone PC 

9 that has got FedEx automated software on 

10 there. It could even be a customer's own 

11 proprietary mainframe system, in which the 

12 FedEx software exists. But what it does is 

13 the customer using that software completes 

14 Shipper, Recipient, when they start the system 

15 up, it does ask if, in fact, they're shipping 

16 dangerous goods. They have a responsibility 

17 to notify us that they are shipping dangerous 

18 goods, and at that point they're processing 

19 the individual packages based on weight, based 

2 0 on service, based on product type, and yes, if 

21 it is a DG, they're required to tell us in 

22 that system, and then at that point, the 

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system batches the information, sends it to 

us, as well as generating what we call a 

shipment sticker, or bar code. 

It not only has a bar code but it 

also hast he service type on there. If it's 

Priority 1 or if it's Economy service. If 

it's dangerous goods, the shipper's identified 

it as dangerous goods. It will have that on 

that sticker. It will say ADG or IDG. If it 

-- it'll also have the weight on there and the 

tracking number. 

And at that point, that is the 

sticker that the FedEx acceptance people then 

will scan, to show possession scan as well as 

location scan, and so forth. 

I have. 

Q 

MS. FELTS: Thank you. That's all 

JUDGE GOODWIN: Mr. Morris 

MR. MORRIS: Yes, sir 

CROSS-EXAMINATION 

BY MR. MORRIS 

Stayin g a t pag e C-2-1 , i f I 

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understand your testimony correct, the FedEx 

courier is the person that picks up the 

shipment at the shipper's location; is that 

correct? 

A That's one of the ways packages 

get into the system. Yes, sir. 

Q Okay. Well, you know in this case 

-- did you read the deposition, in preparation 

for this, of the courier that picked up the 

shipment, Mr. Waddy? 

A Yes, sir. I'm familiar with the 

case. 

Q So you know he picked up and 

scanned the shipment at AstraZeneca? 

A I'm aware that he picked up, I 

believe a pallet of goods at AstraZeneca; yes 

Q Okay. And he would have been the 

person who scanned, right there, at 

AstraZeneca? 

A Yes, sir. 

Q And if there's a pallet, they scan 

each box that's in that pallet, assuming that 

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I had, I would expect them to catch it. But 

these people are processing thousands and 

thousands of packages, and they're looking for 

a package that has got -- with an ORM-D Airmarked package, you would also expect to see 

a shipper declaration, and one of the reasons 

we expect to see that is because we can only 

be fully communicated to that it's a dangerous 

goods if all of the requirements are met. 

Q Okay. Now I appreciate what you 

just said but my question goes back to, can 

you explain, or do you have any reason --

given the training that you say you give your 

couriers, and literally within an inch of 

what's being scanned is an ORM-D mark, you 

acknowledge that the ORM-D mark is a unique 

transportation identifier for hazmat, do you 

not? 

A 

Yes, sir 

A 

ORM-D Air in our environment 

Well, in this case it's ORM-D 

Yes, si r 

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Q That, to you, in your training. 

isn't a red flag for air transport? 

A In my experience, it would be a 

red flag. As a courier, that's one of the 

reasons we give job aids in training, and that 

we hope that they can catch shipments that are 

improperly offered, but they don't always 

catch it, I'll be the first to say. 

Q Okay. And I understand that 

position, if it was on one of the other five 

sides of the box. But I'm talking about in 

this case^ where you got -- where the courier 

is scanning, where his bar code is, right next 

to it is ORM-D. That shouldn't be a red flag 

to the courier? 

A I think that at this point, the 

reason the regulations require additional 

markings and paperwork is to help 

transportation employees recognize that the 

shipment is being offered as dangerous goods. 

Q So the answer is yes, he should 

have recognized it? 

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A The answer is it's a challenge, 

when the shipment is inappropriately offered. 

Q Okay. Should it recognize this 

inappropriately offered shipment as a hazmat? 

A In a perfect world, yes. 

Q Okay. Cause you train these guys 

that an ORM-D marking is a red flag? 

A We train the people that an ORM-D 

is an indication that it contains inaccessible 

dangerous goods, and therefore it should be 

marked ORM-D Air with the shipper declaration 

attached to the package. 

Q Okay. So it should have been 

caught, right there, at AstraZeneca? 

A It should have been caught by the 

shipper, and not offering a dangerous goods. 

Q Okay. Well, what about FedEx 

who's accepting it? Don't the regs require 

them --

A 

Q 

it's a shared responsibility. 

understand it's shared 

responsibility . But FedEx should have also 

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caught it, should they have not? 

A 

me; yes 

I would have caught it, if it were 

Okay. And then let's assume, for 

argument's purpose, for now, it goes through 

Memphis and it goes through the automated 

process. In Portland, though, it has to be 

hand-scanned again during the offloading; 

correct? 

A That's correct. 

And the reason for that is because 

when it's being offloaded, it has to be handscanned and identified again, because we don't 

know which aircraft it needs to go to as part 

of the feeders for the ultimate destination; 

correct? 

A That's correct. FedEx 

Q And then when it's being offloaded 

at that destination for the feeder, it should 

have been scanned again? 

A Yes. 

Q So at least three times, for these 

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shipments, a FedEx agent, or employee, would 

have scanned that, and had "eyes on target" as 

I call it, of that label that has the bar 

code. Do you agree with that? 

A When they are scanning the sticker 

that has the bar code, they're simply scanning 

for custody, showing that the package is in 

fact changing conveyance. 

Now, at the same time, for those 

packages that are properly marked, labeled, 

and have the appropriate documentation, they 

also have got a "heads up" as far as what 

dangerous goods they're expecting from their 

inbound flight manifest. 

Q Okay. Are --

A And so that's the reconciliation 

that they go through, when they then reload 

those packages on to another conveyance, 

whether it be a truck or whether it be an 

aircraft. I also would like to point out, 

that in this case, they are hand-sorting the 

packages, but at some other locations, all 

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they're doing is actually moving ULDs that 

aren't broken down, they're --

Q Well, I don't care about other 

cases. I care about this case 

A Okay. 

Q And in this case, on three 

occasions -- you're not saying that a FedEx 

employee can turn a blind eye to something 

that obviously indicates it's a hazardous 

material, when there's no other indication on 

the documents that it's hazardous, are you? 

A I don't agree that that's an 

obvious indicator that it's a hazardous 

material 

You don't agree that an ORM-D 

marking is an obvious indicator? 

A Not to the everyday hazard 

awareness, and dangerous goods awarenesstrained employee. 

Q Why is that? 

A Because the package did not have a 

shipper declaration, i t did not have the 

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appropriate ORM-D Air marking, and at the 

point that after package acceptance takes 

place, the employee's primary responsibility, 

as a handler, is to process those packages 

that are known and declared as dangerous 

goods 

And that's because FedEx is 

interested in speed? 

A FedEx is interested in being as 

efficient as possible, at the same time 

complying with all regulatory requirements, 

and ensuring that we have as safe a operation 

as possible to our employees and the customers 

we serve 

Q And including complying with an 

air carrier's requirement under 17 5.30, that 

they have to inspect the shipment prior to 

acceptance? 

A And that takes place at the time 

that the package enters the system. But if we 

inspect for acceptance, or if the question is 

do we inspect for acceptance every time a 

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package is handled, the answer to that is no. 

we do not. 

Q In your area, what's the number 

one class that actually causes FedEx problems? 

The haz class. 

A Well, we transport more Class 3, 

flammable liquids, than any other commodity. 

Q Okay. 

A Because you have -- the Class 3 

itself is a liquid per se, if you looked at 

the volume of shipments, not only at FedEx but 

throughout the industry, you're going to have 

more flammable that are shipped than any other 

dangerous goods. The next level of commodity, 

if you eliminate dry ice, is going to be 

corrosives. That's where our volumes come 

from. 

I could give you a further 

breakdown but I'm not sure where you're going. 

Q Well, items that are subject to 

being reclassified as ORM-D, isn't it in fact 

most, in your experience, those items being 

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Class 3's that are reclassified ORM-D Air? 

A Probably not. I'm just giving a -

- just an experience guesstimate here. But I 

would probably the majority of them are 

aerosols. 

Q Are aerosols? 

A Yes, sir. But after aerosols, 

yes, it would be flammable liquid. 

Q Would you agree that the hazmat 

marking, ORM-D, is a pretty basic marking 

within the transportation community of 

hazardous materials? 

A I know that it's a common marking 

that is not used by ground transportation, 

it's not used by rail, it's not used by water, 

it moves basically as a general commodity. It 

might as well be a box of rocks. There's 

absolutely no awareness to ORM-D's for ground 

transportation, and so forth. 

By air, they're supposed to be 

marked ORM-D Air That's supposed to 

communicate to the carrier, as well as the 

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shipper, that, hey, this is a special shipment 

that requires a dangerous goods declaration 

and must be offered as a dangerous goods. 

Q You mentioned the DG News. Do the 

handlers have the ability to get access to DG 

News? 

A Yes. 

Q Do they do this as a normal part 

of their job function? Is there a 

requirement, you're to look at this every day? 

A Not unless they're also trained as 

a DG specialist. 

Q So are you saying "the long and 

the short of it is," is if the courier misses 

the identification, that they've erroneous 

accepted a hazmat when they shouldn't, that 

there's no obligation by FedEx to catch it 

thereafter in its system? 

A I would rephrase that and say 

there's a lot less opportunity to catch it at 

a later time, 

Well, that's due to FedEx's 

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business model, isn't it, as opposed to a 

requirement ? 

A And I -- yes, I agree. It's based 

on our business model, that we do not carry 

out package acceptance functions every time 

the package is handled. That's correct. 

MR. MORRIS: Nothing further, sir. 

JUDGE GOODWIN: Redirect. 

REDIRECT EXAMINATION 

BY MS. FELTS: 

Q About the shipper, AstraZeneca, do 

you know if they were a regular shipper of DG 

at that location? 

A I am aware, and no, they are not a 

regular shipper, and they've not offered 

dangerous goods from that location. 

Q And then just one other question 

about the question you were just asked, about 

the business model FedEx chose about package 

acceptance only occurring at the point of 

origin. 

Do you know if this is unique to 

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FedEx Express or is it typical in the 

industry? 

A Typical to the industry. 

MS. FELTS: Nothing further. Your 

Honor. 

RECROSS-EXAMINATION 

BY MR. MORRIS: 

What was typical the industry? 

The package acceptance processes 

are done at the point of acceptance 

MR. MORRIS: Okay, Nothing 

further, sir 

JUDGE GOODWIN: Okay. So are you 

finished with this witness at this time? 

MS. FELTS: Yes, Your Honor 

JUDGE GOODWIN: Sir, you can be 

excused. You remain under the same 

instruction, not to discuss your testimony 

with anybody prior to the conclusion of the 

hearing. You may step down but you're still 

under sequestration, so you'll have to wait 

out in the hall. 

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JUDGE GOODWIN: Okay. What we're 

going to do, it's 11:36, why don't we break 

for lunch, come back roughly a quarter to 

1:00, since I don't know whether we can eat in 

the building or not. Let's go off the record. 

(Whereupon, the above-entitled 

matter went off the record from 11:37 a.m. to 

12:45 p.m.) 

record, 

seated. 

JUDGE GOODWIN: Let's go on the 

Call your next witness. Please be 

MS. FELTS 

Littlejohn, Your Honor. 

We call David 

JUDGE GOODWIN: Do you want to 

come up here and take the stand, and raise 

your right hand, 

WHEREUPON, 

DAVID LITTLEJOHN 

WAS CALLED AS A WITNESS BY AND ON BEHALF OF 

THE RESPONDENT AND, HAVING FIRST BEEN DULY 

SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS: 

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JUDGE GOODWIN: State your full 

name and spell your first and last name. 

THE WITNESS: Mark David 

Littlejohn. L-i-t-t-1-e-j-o-h-n. 

DIRECT EXAMINATION 

BY MR. BIERLEIN: 

Q Mr. Littlejohn, please, would you 

describe your place of employment and your 

role at FedEx. 

A I work for FedEx Express in 

Memphis, Tennessee. I'm a corporate safety 

adviser. 

Q And how long? 

I've been with the company 32 plus 

years, and in this position since 1996. 

Q Thank you. And have you received 

dangerous goods or hazardous material 

training? 

A 

A 

In-house training; yes. 

Have you given training? 

Yes 

I wanted to tal k about the 

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specifics of the matter that's before us, and 

ask with regard to the pickup, the courier 

doing the pickup, to your knowledge, had 

AstraZeneca ever offered an ORM-D package 

before? 

Q 

A 

Q 

No; not that I'm aware 

But they were a regular customer? 

Yes. 

Were the bar code routing stickers 

applied by FedEx, or AstraZeneca? 

A At that time, it was applied by 

AstraZeneca, 

And who loaded the packages into 

the FedEx vehicle? 

A AstraZeneca. They applied the 

sticker, placed them on the pallet, placed the 

pallet on the trailer. 

Q Once you became aware of this 

incident, can you describe the corrective 

actions. We discussed them a little bit this 

morning, but I know you were more directly 

involved with them. 

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A Well, once I became aware of it, I 

notified the senior manager, and the senior 

manager, along with the manager, and the 

account rep for AstraZeneca at the time, 

contacted them immediately, to let them know 

the error that was made. And then we also 

placed an embargo on any DG shipments they 

were to -- may have offered us, and let them 

know that they had to provide proof of 

training to -- if they wanted to offer DG 

shipments for Express part of our business. 

We also had the employee that 

worked that site scan the sticker while it was 

on the package, to make sure, that they could 

possibly look for any signs. 

Q And have you lifted at that 

embargo? 

A That particular corporation I 

believe is no longer in business at that 

location. 

Is an embargo a customary action 

you would take for a shipper having a DG 

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incident? 

It depends upon the severity of 

the incident If they offer us a nondeclared, or type package, or we believe that 

they don't have the appropriate level of 

training, we will embargo until they can prove 

that training, or acquire that training. 

Q We've talked about the ORM-D mark, 

and there is a binder in front of you. If you 

could look at that, there is an exhibit, C-3, 

that is a photograph. 

A Okay. 

Q Do you see the ORM-D labels there? 

A I do. 

Q Is it a regulatory requirement to 

put two ORM-D marks on each box? 

A No. 

Q Is there any reason you would 

think there are two ORM-D marks on each box? 

A Not just based on the picture. I 

only see one 

Q Why is it called ORM-D? 

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A Well, it means other regulated 

material, and it doesn't meet the -- at that 

time, the definition of any of the nine hazard 

classes. It can be called a consumer 

commodity. The definition of consumer 

commodity. The shipper has to make that 

determination, if, in fact, his product could 

meet a consumer commodity, and give it a 

classification of an ORM-D. 

Q But were there other ORMs? 

There were other ORMs. Many years 

ago, there was ORM A, B, C, D, and E. You had 

your ORM-As that were like your ORM-Bs 

like mercury metallic, ORM-Cs, magnetized 

material, your ORM-D consumer commodities, and 

your ORM-Es, which were basically 

environmentally hazardous substances. And all 

of those have been done away with, except for 

ORM-D, But those classes -- not that they 

were done away with -- but they were 

incorporated into other hazard classes. 

Q So this is the only ORM mark 

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currently out there? 

A 

Q 

Correct 

The others are gone. Have you had 

difficulty, in your own experience, with the 

size, color, or shape of the ORM-D mark? 

A 

Q 

must be? 

A 

Q 

A 

Q 

A 

Yes. 

Is there a particular color it 

No. 

A particular size? 

Not that I'm aware; no. 

A particular location? 

No You have to have the ORM-D 

and it has to be in a rectangle 

JUDGE GOODWIN: There's no 

question pending. 

THE WITNESS: Okay, 

BY MR. BIERLEIN: 

Q I'm handing out a letter I'd like 

you to look at. I'm handing it to counsel as 

well. Can you tell me what this letter is, by 

date, and to whom it's addressed. 

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time of the violation. And frankly, this is 

a waste of the court's time to talk about "I 

don't like what the rule is, therefore I want 

to change it, and it may change in the 

future." That's not what we're here for. 

We're here to address -- this is 

the rule that was at the time, what measures 

did I take to correct the aberrant behavior 

that occurred at the time of the violation, 

not what measures they may want to have in the 

future to change the rulemaking 

MR. BIERLEIN: Your Honor, there 

was some consternation this morning on how a 

courier could look at this box and not respond 

to it 

The issue is how prominent the 

mark is, and how confusing it might be, and 

how, not just FedEx, but the rest of the 

world, has recognized that this a confusing, 

if not inadequate means of communicating 

hazard. 

JUDGE GOODWIN: I'm goin g t o allo w 

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it, but it certainly goes to weight, Mr. 

Morris. Your objection -- and your 

objection's noted for the record. I'm not 

sure how much, if any weight, the court's 

going to give this exhibit. But we'll allow 

it. And again, the court's going to apply the 

law at the time of the incident. 

MR. BIERLEIN: Ms. Felts. 

Honor? 

MS. FELTS: May I approach, Your 

JUDGE GOODWIN: Yes. 

And I'm marking these A and B. 

(Respondent's Exhibit A 

and Exhibit B were 

marke d f o r 

identification and were 

received in evidence) 

MR. MORRIS: Say again, sir. 

JUDGE GOODWIN: I'm marking them 

alphabetically. So the first one is A; the 

second one is B 

BY MR. BIERLEIN: 

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Q Mr. Littlejohn, can you tell me 

what this letter is that I've just handed to 

you, 

A 

petition. 

This is the response to our 

Can you read the first sentence of 

the second paragraph. 

A "We agree that increasing the 

visibility of consumer commodity packages to 

enhance package marking and labeling would 

make them more readily identifiable during 

transportation." 

Q Thank you. Are you familiar with 

the adoption of dangerous goods regulations 

through the United Nations? 

A Yes. 

Q Was this issue raised at the 

United Nations? 

A Yes. 

Q Did the United Nations reach a 

fina l decision? 

A Yes. 

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Q Has that decision -- well, let me 

ask this. Has that mark, agreed to by the 

U.N., been adopted by ICAO? 

Yes 

JUDGE GOODWIN: Spell ICAO, 

MR. BIERLEIN: I-C-A-0. 

MR. MORRIS: All caps 

MR. BIERLEIN: Internationa l Civi l 

Aviatio n Organization' s technica l 

instruction s 

Q 

JUDGE GOODWIN: Okay, 

BY MR. BIERLEIN; 

Mr. Littlejohn, do you know the 

mandatory compliance date for the new mark? 

By ICAO, January 1st, 2 011 

Q Thank you 

MS. FELTS: Permission to 

approach. Your Honor. 

JUDGE GOODWIN: Yes 

Well, good. Another copy of the 

Federal Register 

BY MR. BIERLEIN: 

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Q Mr. Littlejohn, can you describe 

what has been handed to you. 

A This is a Notice of Proposed 

Rulemaking for -- from PHMSA for the 

harmonization of certain aspects of dangerous 

goods 

(Respondent's Exhibit C 

marke d 

identification) 

f o r 

Q Turn to page 52074, which carries 

on to 52075. 

JUDGE GOODWIN: Let's get to the 

page, first. Hold on. 5207 --

MR. BIERLEIN: 52074. 

JUDGE GOODWIN: Okay. 

MR. MORRIS: Your Honor, to make 

it easier for the court, if I can just make 

this a standing objection to all this --

JUDGE GOODWIN: Sure. 

MR. MORRIS post-event 

rulemaking. 

JUDGE GOODWIN: No, I mean, your 

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argument is noted. This is all post. And I 

refer -- what's the case we had? American 

Eagle case, where there was a violation -- it 

was an American Eagle case in Dallas, where 

they changed the regulations, which created a 

violation, and six months later changed it 

back to the original violation. So I can't 

remember the citation. But it was an American 

Eagle case. It had to do with flushing the 

water system in the rear of the aircraft. 

You know, I'll see where it goes, 

but, you know, Mr. Morris's objection is 

noted, and noting the fact that there's a 

continuing objection, 

Honor 

MR. BIERLEIN: 

BY MR. BIERLEIN: 

Yes Yes, Your 

Q On those two pages, 52 074 and five 

-- can you describe what this chart portrays. 

Mr. Littlejohn 

MR. MORRIS: Well, Your Honor, I'm 

going to object again, because there's been no 

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foundation laid, nor was it in discovery 

proffered, that Mr. Littlejohn was an expert. 

And I have no objection to him testifying as 

a fact witness dealing with FedEx's 

operations. But this goes beyond that and 

he's being asked to render an opinion as to 

what this means. He wasn't noticed as an 

expert witness. 

MR. BIERLEIN: He's not testifying 

as an expert. He's reading. 

JUDGE GOODWIN: Let's go off the 

record for a second. 

(Whereupon, the above-entitled 

matter went off the record from 1:10 p.m. to 

1:12 p.m.) 

JUDGE GOODWIN: Wherever we were 

MR. MORRIS: My objection, sir. 

JUDGE GOODWIN: Yes. No. And as 

the court said, I'm not sure what, if any 

weight, I should give to anything that occurs 

on or after the incident, especially when it 

comes to regulatory change. But let's see 

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where we end up 

MR. BIERLEIN: Your Honor, the 

point is the confusing nature of the mark that 

was in place in 2007, how it was not just 

Federal Express that found it confusing, but 

global authorities, that had a different 

provision in each country. The FAA testified 

that ORM-D was unique to the United States. 

I'll ask Mr. Littlejohn: Is ORM-D a Canadian 

regulation? 

THE WITNESS: No 

MR. BIERLEIN: Mexican 

regulation? 

THE WITNESS: Not that I know of. 

MR. BIERLEIN: And you're a global 

company. 

THE WITNESS: Yes. 

JUDGE GOODWIN: Well, let's just 

say, I'm sure Mr. Morris can cover this, quote 

thoroughly, in a page or two in his brief. So 

I'll allow the line to continue. 

BY MR. BIERLEIN: 

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The last element in this line 

MR. MORRIS: You said 117? 

MR. BIERLEIN: 52117. 

MR. MORRIS: Our copy didn't go 

that far. 

JUDGE GOODWIN: It's got to be 

close to the last page. I don't have 17 

either. Mine ends at 113. 

MR. MORRIS: Same here, sir. 

MR. BIERLEIN: It's the 

photograph. I'm sorry. 

I don't think we necessarily need 

to see it, in order for Mr. Littlejohn to 

discuss it briefly. 

JUDGE GOODWIN: All right. And 

subject to continuing objection. 

MR. BIERLEIN: Yes. 

BY MR. BIERLEIN: 

Q 

rectangle? 

A 

Mr. Littlejohn, is the new mark a 

It is not a diamond square on 

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point 

JUDGE GOODWIN: Pardon? I didn't 

hear you. It's now a what? 

THE WITNESS: A diamond square on 

point. The new mark. 

JUDGE GOODWIN: Okay. 

THE WITNESS: Yes. 

A 

BY MR. BIERLEIN: 

Does it have a specified size? 

Yes 

Is it the same size as dangerous 

goods labels? 

Yes 

Q Is it proposed in this rulemaking 

to eliminate ORM-D as a class, and as a mark? 

A Yes. 

Q And this will become effective 

through the international rules? 

A Proposed is January 1st, 2014. 

Q But under lACO, coming in here, it 

will be effective...? 

A January 1st, 2011. 

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Q Thank you. Switching completely 

from that subject, so that we don't need to 

deal with a continuing objection, I wanted to 

talk about the product that was shipped, the 

hand sterilizer. It was basically from the 

MSDS presented by the FAA, ethyl alcohol and 

water 

Are you familiar with the 

alcoholic beverages exceptions to the Title 49 

and the aviation regulations? 

MR. MORRIS: Well, Your Honor, I'm 

going to object to the characterization in the 

question, because there's been no testimony as 

to the water. 

JUDGE GOODWIN: There's no 

response to the -- you know. So that's -- the 

proffer by counsel's not evidence. 

MR. MORRIS Well, it's the 

indication of water, when there's nothing on 

the record, at all, that indicated that it was 

water. The ethyl alcohol, no objection. But 

he's asserting facts, or purporting to assert 

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facts in the record. 

JUDGE GOODWIN: And the court 

notes that that's argument, and won't consider 

it as evidence 

BY MR. BIERLEIN: 

Are you familiar with the 

alcoholic beverages exception? 

I've seen them in the regulations. 

from what I recall. Yes, sir 

Q Do you know the size of the 

packaging that is unregulated for -- under the 

circumstance of alcoholic beverages? 

A I believe it to be five liters 

MR. MORRIS Objection, Your 

Honor. What's that got to do with tea in 

China and this case? 

JUDGE GOODWIN: Overruled. See if 

you can wrap -- again it goes to weight. 

MR. BIERLEIN: It's pertinent to 

the degree --

JUDGE GOODWIN: That's argument. 

I don't need to hear argument at this point. 

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MR. BIERLEIN: Thank you. No 

further questions at this point. 

JUDGE GOODWIN: Counsel. 

MR. MORRIS: Yes. I just have a 

couple questions, sir. 

CROSS-EXAMINATION 

BY MR. MORRIS: 

Q If I recall correctly, you said 

that to your knowledge there's no size 

limitations to ORM-D marking? 

A I have to go back, Mr. Morris, to 

172, I believe 3400 for the marking 

requirement I know it has to be in a 

rectangle 

Q Here, let me help you Your 

Honor, I'm going to show opposing counsel 

JUDGE GOODWIN: Hopefully, you 

will not submit that into evidence. So we 

don't have to put that foot-thick thing in, 

why don't you just reference the regulation 

and we'll go from there. 

MR. MORRIS: Yes, sir. 

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BY MR. MORRIS: 

Q I direct your attention to 

172.316, which the court has also previously 

taken judicial notice of. And I did not have 

a copy of that. Doesn't, in fact, 172.316 

have size descriptions for an ORM-D marking? 

A Looking at this first paragraph 

you gave me, it talks about the mark being in 

a rectangle that is approximately .25 inches 

from the mark. But I don't see the exact size 

for the ORM-D mark. 

Q Okay. So that has to be what. 

then? What's that telling you? 

A It's telling me the ORM-D mark 

could really be of any size, as long as it's 

in the rectangle, and the rectangle is .25. 

Q Has to be at least that size. 

Could be bigger. Can't be smaller? 

A I could go with that; yes 

MR. MORRIS: Okay. I'd like the 

record to reflect that I've retrieved the 

regulation from the witness 

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BY MR. MORRIS: 

Q Now going to this one exhibit, I 

believe it's Exhibit B, I believe you pointed 

out, but let's just emphasize -- that is a 

Notice of Proposed Rulemaking, is it not? 

A Correct. 

Q And, in fact, in the Federal 

Register, the reason why it's out there is to 

receive public comments, because routinely, an 

Agency may modify its rulemaking, or its rule 

pursuant to comments received from the field 

before there's a final rule issued? 

A Correct. 

Q So, in fact, this is not a rule, 

this is merely a proposal to change this at 

this point in time? 

A Correct. 

Q And one of the options could be, 

"No, we're not going to go down that path, 

we're going to stay with the ORM-D marking"? 

A Possibly, but I don't see that 

happening with this. But correct. 

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Q Okay. I understand your opinion; 

but that's one of the options that would be 

available to it? 

A Could be; yes 

Q Okay. Now you're involved in the 

rulemaking reviews associated with hazardous 

materials matters dealing with Federal 

Express; correct? 

A From time to time; yes 

Q Okay. So you review the NPRMs, 

the ANPRMs, and the final rules, and things of 

that nature, as part of your job; is that 

correct? 

A 

Q 

Sometimes; yes. 

Now you've heard of HM 22 8, 

haven't you? 

Q 

Yes 

In fact HM 228 was the rule that 

was in effect at the time this violation 

occurred? 

A I don't know that without looking 

at the data; but if you say so. 

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Q Okay. 

MR. MORRIS: I've only got one 

copy of this. Your Honor, so I'm going to have 

to show opposing counsel it. 

MR. BIERLEIN: Thank you. 

MR. MORRIS: What I'm going to do 

is I'm -- since I'm tied to the speakers, I'm 

going to explain what I'm going to hand to the 

witness first, before I approach the witness, 

with your permission. Your Honor. 

JUDGE GOODWIN: Sure. 

MR. MORRIS: I want to direct your 

attention to page 14592 of the Federal 

Register, Volume I, for March 26, 2006, of HM 

228, and direct your attention to the righthand side that I have highlighted on this, and 

have you read that into the record, 

THE WITNESS "Today's 

transportation environment also wants 

inspection materials ORM-D to ensure the 

safety and security of the hazardous material 

shipment. Inspection is one of the only means 

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available to ensure packages containing 

hazardous materials are in proper condition 

for transportation aboard aircraft. In 

addition, the change is consistent with 

international regulations International 

regulations do not provide an ORM-D hazard 

class." 

MR. MORRIS: Thank you 

BY MR. MORRIS 

I've retrieved HM 228 from the 

witness. So at the time, the regulating 

agency said that there was important to 

inspect for ORM-D Air; is that correct? 

A Evidently. 

Q Now you said that the -- if I 

recall correctly, you said it was the industry 

had concerns about the ORM-D markings? 

A Carriers; yes. 

Q Okay. And if I recall correctly, 

since I was there, you were present during the 

constructive knowledge hearings back in 2002? 

In D.C.? 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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One of the -- one of the meetings; 

yes 

Q One of the meetings where they 

gather testimony about what would constitute 

examples of an air carrier being on 

knowledge, or affirmative knowledge, that 

there's a hazardous material associated with 

a particular shipment. Do you recall that? 

A I don't. 

Q You don't recall the various 

shippers testifying about what would be 

indicia and what would not be indicia? 

A I remember it being discussed, but 

the specifics I don't, unless you have --

Q Okay. So you wouldn't recall the 

statement from UPS, from a Mr. Elkind, that 

indicates that certainly a hazard label or ORD 

markings are indications that a hazardous 

material may be present? 

A I don't remember Mr. Elkind making 

those statements 

Q Okay, So if it's a matter of 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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public record, specifically a DMS document, 

OST-2001-10380-15, do you dispute that he --

that that was submitted as part of the record. 

A No. I don't dispute at all. I 

just don't remember. 

sir. 

You just don't remember. Okay. 

MR. MORRIS: May I have a moment, 

JUDGE GOODWIN: Yes. 

MR. MORRIS: Nothing further, sir. 

JUDGE GOODWIN: Redirect. Have 

any redirect? 

question 

MR. BIERLEIN: I'm formulating a 

REDIRECT EXAMINATION 

Q 

BY MR. BIERLEIN: 

Mr. Littlejohn, are you saying, at 

all, that there was no obligation to see the 

ORM-D mark? 

A Could you say that again. I'm 

sorry. 

Q Are you saying tha t ther e was no 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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obligation on the part of the courier to see 

the ORM-D mark? 

A No. I'm saying that they simply 

did not. That was a mark for ground shipping. 

not air 

Q And to repeat. This driver had no 

reason to expect this mark from this customer? 

A That's correct. 

Q This customer had given no 

indication, in their electronic notification 

of the shipment, that they were making this 

shipment? 

A Correct. 

MR. BIERLEIN: Thank you. 

JUDGE GOODWIN: Anything else? 

MS. FELTS: No, Your Honor. 

JUDGE GOODWIN: Sir, you can step 

down. I instruct you not to discuss your 

testimony until the conclusion of the hearing. 

JUDGE GOODWIN: So counsel, where 

are we? 

MS. FELTS: Your Honor, we hav e no 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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further witnesses. 

JUDGE GOODWIN: Okay. Rebuttal? 

MR. MORRIS: No, sir. 

JUDGE GOODWIN: So we're done? 

MR. MORRIS: Yes, sir. 

JUDGE GOODWIN: Ms. Felts, as set 

forth in my procedural order, I give the 

people an opportunity to brief. It doesn't 

mean you have to. If you just want to move 

on, you can do that. But do you want the 

opportunity to brief this or not? 

MS. FELTS 

opportunity, Your Honor. 

We would like an 

JUDGE GOODWIN: Okay. Mr. Morris, 

I'm going to be gone almost all of November. 

I've got cases in December. I don't want 

either one of you to work over the holidays. 

What if we -- I know you've got a trial the 

second week in January, 

MR. MORRIS If I can have till 

the third week of January, that would be 

great 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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MS. FELTS 

acceptable for us. 

That's perfectly 

JUDGE GOODWIN: Okay. 

MR. MORRIS: That's assuming --

how long will the transcript take, sir, to get 

to us? I'll have to take it on the road with 

me. 

JUDGE GOODWIN: I think their 

contract is 15 days, or some --

MR. MORRIS: Yes. 

JUDGE GOODWIN: Yes. That means 

it gets to Washington in 15 days. You'll see 

it about three months after that. They're 

shipping it by FedEx. 

MR. MORRIS: Tentatively, then, 

the third week, sir. 

JUDGE GOODWIN: What if we make 

your brief due the 2 8th, Mr. Morris? 

MR. MORRIS: That's plenty of 

time, sir 

JUDGE GOODWIN: That's a Friday . 

And Ms. Felts , you would have 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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until February 11th. Well, let me put it this 

way. Do you want to brief first, and let Mr. 

Morris respond? Or Mr. Morris, do you want to 

brief and let her respond? I don't care 

either way. 

MR. MORRIS: As long as I get the 

last say, sir. 

JUDGE GOODWIN: Yes. He always 

likes the last word. 

MS. FELTS If Mr. Morris is 

amenable, I'm fine with kind of the usual 

procedure. Complainant do the opening brief, 

we respond, and then you can do the reply 

brief. That's --

JUDGE GOODWIN: Okay. All right. 

Then Ms. Felts, your reply would be due 

February 14th, and then if you do a rebuttal, 

Mr. Morris, make it the 18th. 

MR. MORRIS: The 18th? 

JUDGE GOODWIN: Of February. 

I'm sorry. I got that wrong. Ms. 

Felts, yours would be due the 11th, which is 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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two weeks after his brief, and then, Mr. 

Morris, if you want to do a rebuttal, that 

would be due February the 8th. 

My comment -- and Mr. Morris is 

aware of this. If the two of you run into a 

problem with your schedules, talk -- you can 

agree on a new schedule, just send me an order 

and I'll sign it. 

MR. MORRIS: So I'm clear, sir. 

You said the 18th? 

JUDGE GOODWIN: Yes. Now let me 

get -- your initial brief would be due the 

28th of January, which is a Friday. Ms. 

Felts' reply brief would be due the 11th of 

February, and then if you do a rebuttal, it'd 

be due the 18th. If you decide, after reading 

it, not to do it, just let Mr. Leibowitz know, 

because I'll flag it for that, I'll get out an 

order on the scheduling. 

And then if the two of you run 

into a problem, just let me know. 

Anything else we need in this 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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case? 

MR. MORRIS: No, sir. 

MS. FELTS: Not on this case 

JUDGE GOODWIN: Now there's a 

bench copy and there's an extra copy. Do you 

want to retrieve the extra? 

MR. MORRIS: Whatever you have for 

the record, sir 

JUDGE GOODWIN: I've got the 

record copy here, so -- all right. We're off 

the record. 

(Whereupon, at 1:31 p.m., the 

hearing was adjourned.) 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
aberrant 150:8 

ability 113:14 

138:5 

able 34:19,22 39:20 

108:9 

aboard 26:4,16 

27:19 167:3 

above-entitled 1:14 

141:6 156:13 

absolutely 137:18 

accept 10:5 21:16 

acceptable 8:5 21:8 

29:13 30:1 112:22 

172:2 

acceptance 26:14 

41:16 92:13 

105:10 106:15 

107:9 112:13 

114:12 126:13 

135:2,18,21,22 

139:5,20 140:9,10 

acceptances 68:1,4 

68:6 

accepted 7:18 8:12 

21:18 26:13 30:4 

62:16 64:3,4 97:2 

119:6 138:16 

accepting 11:17 

97:13 128:20 

131:18 

access 138:5 

accessible 116:15 

116:17,21 117:1 

118:1 121:2,4 

122:14 

accomplish 100:12 

account 84:9,10 

144:4 

accurate 9:10 37:7 

acknowledge 36:8 

129:16 

acquire 38:13 52:1 

145:7 

act 105:6 

action 58:4 80:19 

81:4 83:19 84:8 

85:1 96:21 144:21 

actions 143:20 

activities 37:8 

40:12 56:17 

activity 56:15 

actual 20:12,16 

79:2 86:18 87:21 

107:8 128:13 

addition 167:4 

additional 46:5 

57:2 60:1 78:2 

81:3 84:16 93:2 

99:9 130:17 

address 5:16,19 

16:16,18 61:4 

98:5 103:3 150:6 

addressed 96:16 

147:22 

addresses 6:1 

ADG 115:9,10 

116:15 126:9 

adhered 87:12 

adjacent 35:6,8 

adjourned 175:13 

Administration 

12:1,11 17:1,3,10 

18:6,7,17,22 19:1 

54:17 103:19,21 

104:9,13 

administrative 

1:22 7:8 12:7 

administrator 

60:10 61:5,17 

62:4 66:6 67:1 

148:20 

administrator's 

62:12 67:2,5 

68:21 

admit 13:11 70:11 

admitted 13:10,16 

13:17 

admonition 15:10 

adopt 148:21 

adopted 153:3 

adoption 152:14 

advance 12:16 

72:14 

adviser 142:12 

advisor 103:20 

aerosols 137:5,6,7 

affirmative 168:6 

affixed 39:8 41:5 

82:21 97:11 

afternoon 114:13 

agency 8:15 9:19 

22:21 85:6 164:10 

167:12 

agent 7:21 15:18 

16:15 20:2 21:20 

36:19 42:19 87:10 

106:20 114:4 

115:16 133:1 

agents 23:14 114:9 

agent's 77:3 

aggravate 95:13 

aggravating 95:17 

95:22 

ago 75:7 104:8 

110:13 113:8 

146:12 

agree 15:5 78:19 

84:21 91:18 133:4 

134:12,15 137:9 

139:3 152:8 174:7 

agreed 153:2 

ahead 32:4 

aid 110:1 

aids 109:20 110:12 

113:6 116:2 130:5 

air 8:5,6,9 11:17 

19:7 21:3,22 22:5 

22:16 23:7 29:14 

29:16,19,20,22 

30:1,3,6,8,10 

33:10,15 34:2,4 

36:9,12 43:14 

48:4,5 64:6,10 

67:8,11,16 73:4,6 

74:21 76:17 78:11 

83:22 88:11 89:8 

89:13,19 90:9,12 

92:1 97:17,17,19 

98:3,6,9,11,13,17 

107:15 128:8 

129:4,19 130:2 

131:11 135:1,16 

137:1,20,21 

167:13 168:5 

170:5 

aircraft 24:19 

26:19 27:7,20 

28:8,16 29:9 31:5 

31:1739:11 41:19 

43:5,12 67:13 

80:8 113:13 

115:11 116:18 

117:5 120:16,22 

122:4 124:10,10 

124:12 132:14 

133:20 155:10 

167:3 

Airline 22:18 

Airlines 22:19 

airplane 41:9 

airport 24:3 116:20 

117:20 

Airs 121:8 

air-way 128:5 

alcohol 52:19 

103:12 160:6,21 

alcoholic 160:9 

161:7,12 

Alderwood 16:19 

alert 112:9 

alerted 32:3 

alerts 111:18 

alleged 13:5 

allow 12:7 150:22 

151:5 157:21 

aUows 110:2 

alphabetically 

151:20 

amenable 173:11 

AMERICA 1:1 

American 155:2,4 

155:8 

AmeriFlight 22:18 

22:18 

amount 85:15 

109:20 

analysis 61:18 

I 

Pag e 176 

66:17 

and/or 28:2 58:11 

88:21 95:16 105:9 

109:4 118:6 

120:22 123:11 

animals 109:4 

ANPRMs 165:11 

answer 5:16 7:9 

130:21 131:1 

136:1 

answering 4:12 

antibacterial 46:12 

50:20 

anticipate 8:7 

anti-germ 80:3 

anybody 5:14,17 

14:6,10 99:2 

140:19 

apologize 72:13,16 

81:7,18 

apparent 12:13 

APPEARANCES 

2:1 

appeared 79:17 

appears 83:5 119:3 

applicable 10:2 

23:17 70:13 

application 20:10 

applications 21:2 

applied 83:4,10 

143:10,11,15 

apply 151:6 

appreciate 129:10 

approach 151:9 

153:18 166:9 

approached 27:5 

appropriate 9:19 

10:7,22 61:18 

104:21 133:11 

135:1 145:5 

appropriateness 

86:1 

approximately 

19:12 90:21 

103:15 115:5 

163:9 

area 6:5 19:20 20:2 

Nea l R. Gross & Co . 

202-234-443 3 

Inc , 
22:5 74:8 76:2 

107:13 115:20,22 

116:17 119:21 

136:3 

areas 106:3 109:9 

123:15 

argument 12:5 

85:21,22 155:1 

161:3,21,22 

argument's 132:5 

Army 17:16 

arrive 24:8,9 

arrived 124:3,10 

124:12,13 

arriving 25:5 

asked 49:9 52:3 

94:8 96:6 139:18 

156:6 

asking 73:19 

aspects 105:19 

154:5 

assert 160:22 

asserting 160:22 

assess 62:12 

assessed 63:3 

149:17 

assessment 87:17 

assist 105:9 113:3 

associated 12:13 

14:13 54:19 93:22 

94:1 98:12 165:6 

168:7 

assume 69:2,3 

75:19 100:21 

132:4 

assuming 127:22 

172:4 

AstraZeneca 86:20 

127:14,16,19 

131:14 139:11 

143:4,10,12,15 

144:4 

attached 131:12 

attend 105:16 

attention 75:3 

76:21 82:19 

118:15 163:2 

166:13,15 

attorney 2:9 4:13 

4:17 

August 7:16 21:22 

50:1 58:5 119:7 

124:19 

authorities 157:6 

authorized 33:9 

auto 11:1 27:15 

116:13 122:9 

automated 125:2,9 

128:9 132:6 

automatically 

123:10,13 

automation 74:18 

125:3 

available 61:6 

110:14 118:4 

165:3 167:1 

Avenue 2:4 4:10 

average 9:7 111:14 

aviation 17:1,3,7 

18:7,22 148:22 

153:9 160:10 

aware 14:13 74:17 

83:3,8 87:9 

127:15 139:14 

143:6,18 144:1 

147:11 174:5 

awareness 106:9,22 

107:1,21 108:11 

109:8,15 134:18 

134:18 137:18 

a.m 1:16 4:2 99:14 

99:14 141:7 

B 

82:9 3:20 4:19 

62:10,11 63:6 

66:20 88:1 146:12 

151:12,14,21 

164:3 

back34:8 55:9 58:1 

58:1061:1 65:18 

66:1372:1680:13 

88:14 90:4,16 

93:2 99:15 113:15 

117:13 124:18 

129:11 141:3 

155:7 162:11 

167:21 

background 5:10 

9:5 17:7 20:11 

ball 73:1,14 

Baltimore 40:22 

119:11,13,15,21 

120:4 

bar 44:18 126:3,4 

128:10,12 130:13 

133:3,6 143:9 

base 34:8,8 88:17 

89:3,14 

based 21:17 34:11 

39:17 55:8 66:15 

73:3 74:2,6,9 

75:14,17 78:15 

89:12 109:3 110:6 

115:10 118:8 

123:8 125:19,19 

125:20 139:3 

145:20 

basic 84:1,1 137:10 

basically 23:1,6 

24:20 28:3 29:4 

36:20 38:8,19 

43:19 45:2 49:16 

52:8 54:14 65:13 

88:15,18 106:8 

109:17 110:20 

113:18 114:12 

117:16 119:17 

120:14,18 123:5 

125:4 137:16 

146:16 160:5 

basis 92:2,5 114:20 

bat 98:16 

batches 126:1 

bear 77:1 

beginning 61:9 

82:8 

begins 67:5 

behalf 2:2,7 15:21 

101:12 141:20 

behavior 150:8 

believe 6:22 32:15 

76:22 77:21 78:2 

84:18 100:9 

109:21 127:16 

144:19 145:4 

161:13 162:12 

164:3,3 

belt 76:18 123:4 

belts 122:21 123:11 

123:17 

bench 175:5 

better 52:9 110:3 

149:2 

beverages 160:9 

161:7,12 

beyond 83:20 

84:17,20 149:19 

156:5 

Bierlein 2:13 4:20 

5:2 20:8 21:7,11 

21:13,13 142:6 

147:18 148:16 

149:10 150:12 

151:8,22 153:6,8 

153:12,22 154:14 

155:15,17 156:9 

157:2,12,15,22 

158:4,11,18,19 

159:8 161:5,19 

162:1 166:5 

169:13,16 170:14 

bigger 163:18 

bill 128:5 

bills 128:8 

binder 36:16 

118:12 145:9 

birth 5:22 

bit 9:5 10:18 44:13 

72:15 73:5 75:7 

78:9 79:1 80:12 

102:6 143:20 

black 6:3 11:15 

82:3 

blind 134:8 

board 26:1 27:3,7 

27:16 111:3,12 

body 86:6 

Pag e 177 

bottles 32:14,15,16 

33:2,3,4 47:16,22 

62:20 

bottom 44:14 81:6 

81:20 82:3 112:7 

box 11:16 32:7,7 

33:12,13 45:6 

77:15,19 91:10,15 

127:22 130:11 

137:17 145:16,19 

150:14 

boxes 43:16 46:17 

91:10 93:7 

break 14:20,22 

15:1 99:8,12 

100:7,21,22 141:2 

breakdown 136:19 

brief 157:20 171:8 

171:11 172:18 

173:2,4,12,14 

174:1,12,14 

brieny9:5 158:15 

brilliant 102.4 

bring 6:3 80:5 

broken 134:2 

building 2:9 4:19 

15:7 31:7,18 

43:12 103:4 121:3 

121:5 122:15 

141:5 

bulletin 111:3,12 

bunch 91:14 

business 5:19 16:16 

16:18 40:12 84:13 

84:19 103:2 139:1 

139:4,19 144:11 

144:19 

B-I 5:2 

B-i-e-r21:13 

Cl:21 3:1,22 4:1 

6:15,21 7:12 38:3 

54:5 66:20 70:2 

71:6 75:4 88:3 

89:17 94:13 96:14 

146:12 154:7 

-mssusmsBs^mims^m^^^scmama ^S^^8^^?^I3S^E3^^^!r5? TT^rmime^Em^Bmasmmmi^mss^mssmms! 

Neal R. Gross & Co., Inc 

202-234-4433 
calculation 90:1 

91:4,6 

call 8:22 9:11 14:4 

15:1627:13 44:1 

100:22 106:11 

107:17 109:6,12 

109:20 111:2,8 

114:8 115:9 126:2 

133:3 141:11,13 

called 11:1 15:21 

101:12 112:18 

141:20 145:22 

146:4 

calls 15:18 99:22 

Canadian 157:9 

cap 33:7 48:6,8 

caps 33:4 47:20,21 

47:22 48:3 98:1 

153:7 

capture 39:4 

care 134:3,4 173:4 

career 19:13,14 

74:3 

carefully 112:11 

cargo 121:14 

carried 82:9 

carrier 9:16 11:17 

22:17 23:7 29:21 

30:4,14 35:5 

48:14 55:12,15 

67:8,11,17 74:9 

74:21 76:17 83:22 

86:4 90:9,12 98:9 

137:22 168:5 

carriers 11:21 17:9 

18:5,11 22:5 26:8 

43:15 73:4,6,13 

92:2,4 167:18 

carrier's 135:16 

carries 82:12 

154:10 

carry 9:15 66:11 

139:4 

carrying 27:9 

91:20,21 114:1 

carton 46:15 

case4:4 7:10,15 8:8 

8:18 14:9 23:6 

24:10 26:22 34:11 

36:22 38:15 45:9 

49:13 53:21 55:8 

55:13,17 59:22 

60:6 62:7,17,21 

63:9,17 64:12 

68:1,12 85:11,19 

86:6,13,14 87:9 

87:14 89:3,11 

92:10 93:18 96:1 

96:3 115:1 127:7 

127:12 129:21 

130:12 133:21 

134:4,6 148:3 

149:17 155:2,3,4 

155:9 161:16 

175:1,3 

cases 62:17 87:8 

120:16 134:4 

171:16 

catch 129:1 130:6,8 

138:17,20 

categories 62:4,5 

category 12:12 

62:7,10,11 88:1,3 

caught 131:14,15 

132:1,2 148:9 

cause 62:21 73:21 

80:5 81:2 90:8 

94:19 131:6 

caused 95:16 

causes 136:4 

CBT 109:9 

center 69:15 

certain 23:3 55:1 

73:2 154:5 

certainly 151:1 

168:17 

certificated 17:18 

17:20 90:12 

certification 55:16 

certified 108:16 

CFR 21:2 29:16 

53:13 58:18 

challenge 131:1 

change 148:7,10 

150:4,4,11 156:22 

164:15 167:4 

changed 60:20 

88:13 155:5,6 

changes 110:8 

111:11 

changing 12:12 

133:8 

characterization 

160:12 

charge 15:6 

chart 155:19 

check 10:21 26:15 

64:17 65:20 116:2 

121:21 

checked 65:2 

checker/sorter 

121:15 123:20 

checker/sorters 

123:16 

chimes 112:8 

China 161:16 

choose 115:11 

chose 139:19 

circumstance 

161:12 

circumstances 62:1 

66:16 92:16,18 

95:14 

citation 155:8 

civil 8:17 13:1 

85:12 148:22 

153:8 

clarify 54:19 

class 12:2 34:15,17 

34:1871:19 

108:18 110:5 

117:2,2,3,6 136:4 

136:5,6,9 137:1 

159:15 167:7 

classes 108:17 

146:4,19,21 

classification 20:13 

34:9,12 52:10,22 

88:17 89:3,15 

146:9 

classifying 86:2 

Nea l R. Gross & Co . 

202-234-443 3 

classroom 109:17 

110:5 

cleaner 32:14,16 

46:12 47:17 80:2 

cleanup 114:8 

clear 31:9 90:16 

174:9 

clearly 109:21 

close6:7 35:8 37:5 

71:11 158:8 

closer 31:7 

Coast 49:17,17,18 

code 39:18 43:18 

43:19 44:4,18 

52:22 126:3,4 

128:10,12 130:13 

133:4,6 143:9 

coffee 14:18 

collection 119:19 

color 147:5,7 

column 94:14 

combination 28:3 

come 110:20 122:3 

136:16 141:3,16 

comes 112:6 

156:22 

coming 43:4 

159:20 

commensurate 

13:4 

comment 28:19 

174:4 

comments 12:15 

164:9,11 

commerce 21:4 

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48:6 64:6 94:20 

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commodities 

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commodity 77:7 

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common 113:18 

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communicate 85:2 

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company 9:6,7 

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18:10,14 19:21 

20:3,16 24:11 

97:7 104:2,14 

153:14 

comply 10:2 11:2 

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complying 135:11 
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comprehensive 

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comprises 9:12 

computer-based 

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concern 86:6 

concerned 6:6 

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concerning 35:13 

concerns 32:21 

47:19 167:17 

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140:19 170:19 

condition 167:2 

conduct 19:9 22:11 

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conducting 21:21 

22:21 23:16 37:3 

105:13 

confirm 26:7 29:15 

32:5 

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confirming 23:3 

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confusing 150:17 

150:19 157:3,5 

confusion 90:8 

149:13 

consider 66:3,4 

86:11 90:19 91:3 

161:3 

Considered 75:16 

considering 69:6 

consignee 93:7 

consistent 167:4 

consists 38:3 42:21 

consternation 

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constitute 168:4 

constructive 

108:12 167:21 

consumer 77:7 

79:20 88:16,20 

89:18 146:4,5,8 

146:15 152:9 

contact 26:18 36:2 

112:20 122:8 

contacted 52:2 

144:5 

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108:14 

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container 121:17 

122:7 123:3,22 

containers 32:19 

32:22 39:12 79:14 

79:16 117:18,19 

118:3 120:21 

122:21 

containing 167:1 

contains 28:13 

131:9 

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contents 8:14 52:17 

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160:3 

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convenient 100:19 

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convey 29:6 

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133:18 

conveyer 123:11 

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coordination 105:2 

copy 153:20 158:5 

163:5 166:3 175:5 

175:5,10 

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107:2 142:11 

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51:22 52:3 58:2 

67:11 90:6 144:18 

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49:19 51:6 59:12 

61:20,21 62:5,6 

62:19 63:4,5,18 

63:19 64:7,8,11 

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66:18 67:3,15 

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69:11,20 70:21 

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78:13 81:20 83:12 

88:12 96:5 98:4 

98:15 123:21 

127:1,4 128:14 

132:9,10,16,17 

139:6 147:2 150:8 

164:6,13,17,22 

165:8,13 167:13 

170:8,13 

corrective 58:4,16 

80:19 81:4 83:19 

84:8 85:1 96:21 

143:19 

correctly 77:16 

162:8 167:16,19 

correspond 49:21 

corrosives 136:16 

counsel 2:4,22 4:6 

4:14 7:5 14:2,12 

14:16 16:8 21:5,8 

147:20 148:6 

149:3 162:3,16 

166:4 170:20 

counseled 58:12 

counsel's 160:17 

counter 106:21 

country 157:7 

couple 5:11 44:13 

71:11 74:12 

148:11 162:5 

Coupling 11:12 

courier 39:14 

106:17,18 114:3 

115:14,18 117:13 

119:9 127:2,9 

128:17 130:4,12 

130:15 138:14 

143:2 150:14 

170:1 

couriers 128:21 

129:14 

course 6:4 7:22 

18:21 19:1440:11 

56:14 65:2 74:3 

74:16 106:10 

107:2 108:8 

109:18 111:19 

courses 104:21 

106:6 109:19 

court 21:16 70:9 

86:10 87:9,10 

154:17 156:19 

161:2 163:3 

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court's 13:15 82:1 

86:5 87:7 94:16 

150:2 151:4,6 

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covering 19:15 

co-counsel 4:20 

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155:5 

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72:10 126:20 

162:6 

crux 85:20,22 

CSOs 15:3,6 

culpability 63:7 

current 104:17 

115:4 

currently 16:17,22 

17:20 19:3,4 

120:13 147:1 

custody 133:7 1 

customary 144:21 t 

customer 82:20 1 

97:10 106:20 1 

114:4 115:15 1 

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Neal R. Gross & Co., 

202-234-4433 

Inc 
Page 18 0 

81:9 

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D4:l 146:12 

daily 9:8,13 90:22 

114:20 

Dallas 155:4 

damage 62:21 

94:19 95:11,13,15 

dampens 86:9 

dangerous 9:10,15 

10:9 11:6,11,19 

26:3,16 89:22 

90:21 103:11,18 

103:20 104:1,2,9 

104:13,15,21 

105:7,14,17 106:2 

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database 113:18 

datasheet 35:20 

date 13:9,12 37:6 

39:4 147:22 

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dealt 17:11 20:11 

December 171:16 

decide 14:18 

174:16 

decision 152:21 

153:1 

declaration 129:6 

131:11 134:22 

138:2 

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145:4 

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definition 88:19 

146:3,5 

degree 53:12 63:7 

95:15 161:20 

degrees 53:6 

delivery 38:12 

106:19 115:15 

119:20 

dents 112:11,12 

departed 124:8 

DEPARTMENT 

1:1 

departure 95:17 

depending 95:15 

113:16 120:17 

depends 145:2 

deposition 127:8 

depth 107:8 

describe 17:6,21 

24:5 104:10,12 

142:8 143:19 

154:1 155:19 

described 122:17 

describing 27:2 

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116:17 

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destination 44:3 

121:13,16 123:9 

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124:4 132:15,19 

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device 39:9,15 45:4 

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27:16 83:4,9 

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107:12 110:4 

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113:9,19,21 114:3 

114:5,8,9,11,17 

115:22 116:12,13 

116:14117:11 

122:8,9 125:21 

138:4,5,12 139:12 

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diamond 158:22 

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87:4 97:13 108:10 

111:15 114:7 

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100:12,21 102:13 

142:5 163:2 

166:12,15 

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director 111:21 

discern 58:19 

discover 8:1 33:14 

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discuss 14:10 99:1 

99:1 140:18 

158:15 170:18 

discussed 143:20 

168:13 

discussing 86:7 

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discussions 86:9,12 

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display 29:6 

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distance 117:7 

distinction 88:11 

divert 123:14 

diverters 123:13 

diverts 123:10 

division 59:20 

103:1 107:15 

111:19 

DMS 1:8 169:1 

doc 35:4 

Docket 1 6 4 5 

document 30:9,12 

35:3 41:4 50:15 

51:19 52:12 54:13 

57:2165:12 169:1 

documentation 

11:9 68:4 75:5,6 

133:11 

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108:21 

documents 5:21 

7:7,8 11:5 20:14 

27:21 38:7,9,14 

134:11 

doing22:14 122:22 

134:1 143:3 148:9 

149:1 

Donald 3:3 15:20 

16:6,6 

doors 15:11 

double 15:11 

double-check 

13:13 

downline 24:11,14 

26:22 

Dr 101:22 

draw 13:12 

driver 106:18 

107:16 115:15 

170:6 

drivers 107:17 

119:18 

drug 103:12 

drums 112:7,8,10 

dry 115:7,8 136:15 

due97:5 138:22 

172:18 173:16,22 

174:3,12,14,16 

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101:13 141:21 

duties 19:2,8 23:14 

114:6,10,11 

duty 83:22 

D-o-n-a-l-d 16:6 

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Neal R. Gross & Co. 

202-234-4433 

Inc 
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47:18 87:22 100:9 

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Economy 126:6 

effect 14:5 61:1 

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efficient 135:10 

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eighty 148:11 

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70:9,16 108:7 

109:9 115:14 

158:9 171:17 

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111:3 116:14 

170:10 

element 158:1 

elements 20:16 

eleven 81:16 82:2 

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148:20 159:15 

Elkind 168:16,20 

Emanating 79:7 

embargo 144:7,17 

144:21 145:6 

embargoed 84:6 

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20:15 80:6 

emphasize 113:21 

164:4 

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employed 16:17,22 

employee 41:14 

76:16,17 107:18 

108:9 133:1 134:8 

134:19 144:12 

employees 10:7 

40:15,1641:3 

58:11 82:20 83:2 

83:7 85:2 97:11 

106:7 108:2 

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112:9 122:10,20 

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135:13 

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enforce 19:4 

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18:10 55:4 59:11 

65:14 85:11 89:22 

90:19 92:7 96:1 

enhance 152:10 

ensure 23:15 

166:20 167:1 

ensuring 23:6 

135:12 

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entered 123:12 

entering 125:7 

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entire 128:5 

entries 75:10 

entry 76:9 120:7 

124:19 

environment 

114:11 129:19 

166:19 

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146:17 

equals 66:20 

ERI 55:7 

erroneous 138:15 

error91:19 144:6 

errors 116:5,8,10 

especially 112:9 

156:21 

ESQ2:3,8,13,21 

essentially 27:17 

estimate 100:5 

etcetera 10:1 11:10 

ethanol 34:13,14 

80:2 89:4 

ethanol/alcohol 

34:13 71:15 89:4 

ethical 14:13 

ethyl 52:19 160:6 

160:21 

evening 123:2 

event 58:14 105:2 

109:5,6 113:15 

everyday 117:12 

134:17 

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37:15,20 42:8,13 

45:17,22 47:2,7 

48:2149:4 50:7 

50:1251:11,16 

54:5,10 56:3,8 

57:13,18 59:3,8 

70:19 71:5,9 

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161:4 162:18 

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exact 92:15,17 

163:10 

EXAMINATION 

16:13 94:6 102:13 

139:9 142:5 

169:15 

EXAMINED 16:1 

101:14 141:22 

examining 90:3,18 

examples 168:5 

exception 161:7 

exceptions 160:9 

excess 19:16 

excuse38:10 83:l 

excused 140:17 

exercising 67:1 

exhibit 13:7,8,9,11 

37:1742:1045:19 

47:4 49:1 50:9 

51:13 54:7 56:5 

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Nea l R. Gross & Co . 

202-234-443 3 

71:6 75:3 76:10 

77:3 80:16 81:9 

81:18,22,22 82:3 

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118:19 124:2 

145:10 149:11 

151:5,13,14 154:7 

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21:21 24:2 25:15 

31:22 38:9,16 

40:16 43:20 49:14 

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120:9,12 121:1 

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66:8 75:17 90:20 

94:13 95:10 96:2 

116:4 117:6 

122:21 123:1 

125:15 133:8 

136:21 146:7 

155:13 156:4 

163:5 164:7,14 

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factors 61:4 66:16 

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facts 12:20 92:9 

114:22 160:22 

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fail 148:2 

fair 84:3 

fairly 37:7 

fairness 33:18 

fall 68:22 

familiar 5:12 60:9 

87:8 127:11 

152:13 160:8 

161:6 

familiarity 73:18 

far6:22 7:14 65:17 

108:13 111:7 

133:12 149:20 

158:6 

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fax2:6,ll,16 

February 173:1,17 

173:20 174:3,15 

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4:178:12 11:21 

12:20 17:1,3,10 

18:5,6,17,22 19:1 

21:21 31:2238:9 

38:16 39:1143:19 

55:9 56:13 58:1 

67:10 72:21 74:7 

80:14 85:21 87:18 

90:5,20 99:21 

102:17 103:6 

104:6 106:21 

153:21 157:5 

164:7 165:7 

166:13 

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22:11 23:21 24:2 

25:15 33:18,18 

39:3 40:15,20 

41:3,14,22 44:16 

51:5 64:16,17 

65:1 66:3,5 67:9 

73:18,20 74:19,20 

75:5 84:22 89:21 

90:5 92:7 96:20 

102:18 105:20 

113:10 114:18,19 

119:14 120:9,12 

124:20 125:3,6,9 

125:12 126:13 

127:1 131:17,22 

132:17 133:1 

134:7 135:7,9 

136:4,11 138:17 

139:19 140:1 

142:9,10 143:10 

143:14 150:18 

172:14 

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64:21 90:4 138:22 

156:4 

feeder 118:7 

132:19 

feeders 132:15 

feet 98:2,3 

Felts 2:8 4:15,16 

5:5,12 8:20 9:1,4 

12:9 13:7 14:20 

20:4,6 37:13 42:6 

45:14,15 46:22 

48:11,12 50:5 

51:9 54:3 56:1 

57:11 59:1 70:1,8 

70:22 71:1 72:4,7 

72:9,11 81:17 

82:5,11 83:11,13 

85:20 86:15,17 

87:16,1991:17 

92:20 93:4 94:2,8 

96:6 99:20,21 

100:3,6,11,17 

102:8,9,12,14 

118:11 126:16 

139:10 140:4,15 

141:13 151:8,9 

153:17 170:16,22 

171:6,12 172:1,22 

173:10,16,22 

174:14 175:3 

fiberboard 11:16 

field 55:1 80:21 

110:15 164:11 

fifteen 14:21 

figure 24:20 39:17 

48:15 73:2 

file 7:6 

filing 105:4 

final 123:14 152:21 

164:12 165:11 

find 81:7 96:7,8 

findings 66:10 

fine 5:19 120:6 

173:11 

fined 85:8 

finished 98:20 

140:14 

fire 103:11 

firefighting 53:5 

first 14:4 15:16,22 

16:4 52:15 61:22 

72:17 81:10 82:8 

82:13 95:9 96:17 

97:9 101:13,17 

119:7 124:19 

130:8 141:21 

142:2 151:20 

152:6 154:13 

163:7 166:9 173:2 

fits 69:15 

five 17:17 19:16 

53:5 66:2,11 

68:16 98:2 130:10 

155:18 161:13 

fiag 130:2,4,14 

131:7 174:18 

flammability 53:1 

flammable 34:17 

53:4,8,14 62:9 

80:7 136:7,13 

137:8 

flash 53:6,12 

flew 7:19 

flight 25:1,5,20,21 

27:21 109:4 118:9 

133:14 

flights 24:15 118:7 

Floor 2:9 4:19 

fluid 96:8,11 

flushing 155:9 

fly 29:9 

focus 80:15 91:11 

folks 59:22 97:6 

follow 82:5 

Following 35:12 

FOLLOWS 16:1 

101:14 141:22 

foot-thick 162:19 

formal 12:18 

format 108:4 

formula 66:19 

formulating 169:13 

forth 5:16 61:5 

67:4 72:16 90:16 

104:18 105:5 

109:7 111:6 118:7 

121:12 126:15 

128:11 137:19 

171:7 

fortunately 96:3 

Forty-eight 62:20 

found 8:14 32:3 

56:22 157:5 

foundation 156:1 

four 38:3,6 41:3,15 

68:875:12 111:15 

113:17 

Frank 5:5 

frankly 150:1 

freight 117:12,17 

117:18 121:17 

123:22 

Friday 172:21 

174:13 

front 36:15 145:9 

fudge 75:4 

full 16:3,5 81:10 

82:13 96:17 97:9 

101:16,18 142:1 

fully 14:12 129:8 

function 110:2 

113:7,9,22 114:2 

138:9 

functions 139:5 

further 12:1 31:7 

31:1935:15,18 

46:9 53:16 72:2 

92:21 94:3 98:18 

136:18 139:7 

140:4,12 162:2 

169:10 171:1 

future 148:8 150:5 

150:11 

G4:l 103:4 

gather 168:4 

gauge 73:17 

gel 50:20 

general 53:2,21 

72:22 137:16 

generating 126:2 

getting45:3 73:16 

84:3 

give5:15,17 12:19 

52:8,9,20 53:21 

73:1 129:13 130:5 

136:18 146:8 

151:5 156:20 

171:7 

given 13:2 21:5 

38:22 60:6 67:12 

75:2 106:5 123:2 

129:13 142:20 

170:9 

gives 57:1 113:14 

giving 137:2 

global 104:4 157:6 

157:15 

go4:3 6:17 10:16 

13:15 14:18 15:4 

15:11,1232:4 

34:8 42:22 59:15 

59:17,19 61:3,17 

65:7,18 77:12 

78:8 82:22 83:20 

89:14 90:16 107:1 

108:9 109:14 

110:8,10 116:3 

119:22 121:4 

123:4 132:14 

I 

Nea l R. Gross & Co . 

202-234-443 3 

I n c 
Pag e 183 

133:17 141:5,9 

156:11 158:5 

162:11,21 163:19 

164:19 

goes5:13 61:19 

72:15 87:3 111:20 

129:11 132:5,6 

151:1 155:11 

156:5 161:18 

going 6:2 7:3 11:14 

12:8 14:7,8,8 15:9 

22:6 39:17 48:3,5 

49:1661:14 77:11 

80:15 84:20 85:22 

87:6 93:2 97:19 

98:22 101:2,5 

119:12 125:5 

136:12,15,19 

141:2 148:1,6,7 

148:10 150:22 

151:5,6 155:22 

160:12 162:16 

164:2,19,20 166:3 

166:6,8,8 171:15 

good4:15 11:19 

72:12 73:14 84:13 

94:10 102:6 

153:20 

goods 9:10,15 10:9 

11:6,1126:4,16 

30:5 89:22 90:21 

103:12,19,20 

104:1,3,9,13,15 

104:22 105:7,14 

105:17 106:2,9,12 

106:14 107:19,22 

108:12,14,16,22 

110:16 111:22 

112:17 113:12 

114:19 115:5,18 

115:20,21 116:16 

116:18,21 117:1,1 

117:15,22 118:1,2 

118:5,8 121:2,4,6 

121:20 122:13,14 

125:16,18 126:7,8 

127:16 129:9 

130:20 131:10,16 

133:13 134:18 

135:6 136:14 

138:2,3 139:16 

142:17 152:14 

154:6 159:12 

GOODWIN 1:21 

4:3,14,22 5:3,7 

7:1,13 8:20 9:3 

12:6 13:6 14:6 

15:15 16:2,8,12 

20:4,21 21:5,9,12 

21:15 37:1442:7 

42:16 45:14,16 

47:148:11,19 

50:6 51:10 54:4 

56:2 57:12 59:2 

70:4,7 71:3 72:3,6 

72:8 81:13,19 

82:7 85:18 86:5 

87:6 91:16 94:4 

94:15 98:19,22 

99:5,7,11,15,20 

100:1,4,10,15,18 

101:4,7,15,21 

102:3,8,11 115:2 

126:18 139:8 

140:13,16 141:1,9 

141:15 142:1 

147:15 148:13 

150:22 151:11,19 

153:5,11,19 

154:12,15,19,22 

156:11,16,18 

157:18 158:7,16 

159:2,6 160:15 

161:2,17,21 162:3 

162:17 166:11 

169:9,11 170:15 

170:17,20 171:2,4 

171:6,14 172:3,8 

172:11,17,21 

173:8,15,20 

174:11 175:4,9 

gotten 89:17 

Government 15:17 

15:22 20:9 99:18 

gravity 62:2 95:14 

great 5:7 171:22 

greatly 12:21 

grocery 79:22 96:8 

96:9 

ground 30:15 36:7 

78:13,16,18,22 

88:8,11 98:3,7 

137:14,18 170:4 

group 53:8,10,13 

62:9 67:11,16 

71:1996:12 

104:10,11,12 

105:8,12,21 106:9 

guess 48:12,15 

73:14 91:3 

guesstimate 137:3 

guidance 54:22 

60:10,14,19,22 

61:6,13 62:12 

66:6 95:4,6,10 

guideline 87:21 

guidelines 84:11 

guys 131:6 

H 

Hacks 4:18 103:4 

halfway 95:2 96:17 

hall 140:22 

hand 24:17 32:14 

32:16 44:21 46:12 

47:17 71:14 76:6 

79:2,19 80:1,4,9 

96:7 101:9 132:12 

141:17 160:5 

166:8,16 

handed 152:2 

154:2 

handing 147:19,20 

handle 9:7 106:4 

108:15 114:20 

handled 136:1 

139:6 

handler 108:6 

114:5 135:4 

handlers 122:20 

138:5 

handling 9:19 10:8 

112:4 116:9 

122:22 

hand-scanned 

132:8 

hand-sorting 

133:21 

happened 96:3 

124:22 

happening 164:22 

happens 124:5 

harm 62:21 94:19 

95:13 

harmonization 

154:5 

harmonize 148:21 

hast 126:5 

haul 107:17 

haz 136:5 

hazard 34:15,18 

52:21 107:21 

108:17,18 134:17 

146:3,21 150:21 

167:6 168:17 

hazardous 7:21 

9:11 11:22 12:11 

17:12,22 18:3,9 

18:14 19:6,10,20 

20:3 23:5,8 25:22 

26:12 27:2,7,19 

28:14 29:7 32:6 

52:18 54:21 55:17 

57:5 63:8 96:11 

97:14 134:9,11,13 

137:12 142:17 

146:17 165:6 

166:21 167:2 

168:7,18 

hazards 111:1 

hazmat 28:8 30:3 

31:10 94:11 97:2 

129:17 131:4 

137:9 138:16 

headquarters 60:2 

102:22 

heads 133:12 

hear5:10 8:4 10:15 

11:14 159:3 

161:22 

heard 165:15 

hearing 1:5,15 5:8 

6:5 8:8 12:7 

13:14,20 14:11 

99:3 140:20 

170:19 175:13 

hearings 1:2 

167:21 

held 122:4 

help 46:9 54:18 

55:10 57:3 113:6 

130:18 162:15 

helping 55:1 

helps 53:7 110:1 

hey 138:1 

He'1121:17 

hidden 108:11 

111:1 

higher 73:5 91:20 

92:3 

highlighted 166:16 

highly-automated 

122:19 

Highway 17:10 

18:5,17 19:1 

HIMS 52:22 

hired 17:4 

history 64:18,22 

65:1,20 69:19 

92:7 

HM 88:13 165:15 

165:18 166:14 

167:10 

HM-215K 12:15 

hold 42:16 45:2 

154:13 

holding 76:19 

holidays 171:17 

home 6:1 

HON 1:21 

Honor4:16 8:19 

9:2,11 11:3,13 

12:3,10 13:3 20:1 

20:6 21:7 37:11 

42:4 45:12 46:20 

Nea l R. Gross & Co. , In c 

202-234-443 3 
48:9,13 50:3 51:7 

54:1 55:21 57:9 

58:2169:21 71:1 

71:12 72:5 81:18 

82:6 85:17 87:1 

91:8 99:21 100:3 

102:10 114:21 

140:5,15 141:14 

148:1 149:18 

150:12 151:10 

153:18 154:16 

155:16,21 157:2 

160:11 161:15 

1 162:16 166:3,10 

170:16,22 171:13 

hope 75:4 130:6 

Hopefully 162:17 

hotline 105:7 

hour 10:17 100:14 

109:18 112:16 

hours 124:15,21 

House 51:22 52:2 

household 88:22 

hub 109:12 120:11 

121:11 124:9 

hundred 19:16 

74:13 

hundredth 128:22 

hurdle 89:2 

hygiene 103:10 

hyphen 81:21 

I 

lACO 159:20 

ICAO 153:3,5,15 

ice 115:7,8 136:15 

ID 13:9,10,11,12 

idea 52:9 

identical 6:14 

identifiable 152:11 

identification 

36:17 37:12,15,19 

38:142:5,8,12,20 

45:13,17,2146:21 

47:2,6,10 48:10 

48:20 49:3,7 50:4 

50:7,11,15 51:8 

51:11,15,1954:2 

54:5,9,13 55:22 

56:3,7,11 57:10 

57:13,17 58:22 

59:3,7 60:13 65:8 

69:22 70:6,19 

71:4,8,21 138:15 

151:16 154:9 

identified 3:8 34:6 

43:4 71:18 117:15 

126:7 132:13 

identifier 43:21 

129:17 

identifies 46:11 

49:11 50:19 65:15 

identify 4:6 34:19 

43:20 46:9 50:17 

53:7 55:1 

identifying 55:16 

IDG 115:9,10 

126:9 

ignoring 69:18 

immediate 59:17 

immediately 43:10 

44:18 144:5 

implement 9:21 

important 116:6 

167:12 

improper 68:1,3,5 

68:6 

improperly 8:2 

32-7 130-7 

118:2 121:6,20 

122:13 131:9 

inadequate 150:20 

inappropriately 

131:2,4 

inbound 24:14 

118:6 120:15,16 

122:3 124:15 

133:14 

inch 35:11 129:14 

inches 44:13 163:9 

incident 35:14 80:6 

91:7 105:1 109:5 

143:19 145:1,3 

148:5 149:4,5 

151:7 156:21 

incidents 9:20 

105:5 112:18 

include 19:9 53:20 

55:6 65:3 108:11 

included 55:3 

includes 8:16 103:9 

128:10 

including 9:18 

11:21 135:15 

149:7 

incomplete 113:2 

incorporated 

146:21 

incorrect 63:21 

increasing 152:8 

index 109:3 

indicate 26:12 

29:18 56:21 66:9 

indicated 25:22 

27:6 29:20 35:2,3 

36:6 50:22 53:1 

58:10 160:20 

indicates 28:4 

29:13 51:5 134:9 

168:17 

indicating 124:8 

indication 26:3 

27:15 52:20 53:2 

53:3 79:17 92:13 

108-13 131-9 

134-10 160-19 1 ^^ T t L\J Xv/V/ilj ' 

170:10 

indications 28:13 

168:18 

indicator 134:13 

134:16 

indicia 168:12,12 

individual 36:11 

93:16 125:19 

individually 93:12 

individuals 18:12 

39:10 44:4 106:4 

106:13 

industrial 103:10 

industry 18:2,15 

136:12 140:2,3,8 

167:16 

inform 73:21 

informal 54:14,17 

information 5:18 

5:22 13:7 20:15 

23:4 24:12,14,16 

25:5,14,19,22 

26:10,21 38:17 

46:5 52:16 53:16 

53:19,20,22 55:12 

57:2 58:8 63:21 

91:1 110:3 111:5 

111:8,18 118:4,21 

118:22 126:1 

informed 96:19 

informing 11:8 

infrastructure 9:18 

10:13 

ingredients 52:16 

initial 10:17 30:14 

110:5 124:19 

174:12 

initially 29:5 40:21 

76:15 

initiated 8:16 

inner 32:18,22 33:9 

34:1 79:14,16 

input 122:21 123:3 

inside 29:7,21 

33:13 79:13 

inspect 41:18 84:1 

116:3 135:17,21 

135:22 167:13 

inspected 22:17 

33:2 42:1 

inspecting 116:7 

inspection 10:20 

18:11 23:7,10 

24:6,7 31:8,19 

73:11 79:3 106:14 

106:15 107:9 

115:20,22 116:12 

166:20,22 

inspections 22:4,17 

23:1,16 72:20 

73:7 74:17 

Pag e 184 

instance 84:22 

109:3 113:1 

instances 149:7 

Institute 18:20 

instituted 83:18 

instruct 14:9 

170:18 

instruction 140:18 

instructions 153:10 

instructor 104:1 

instructors 104:3 

intact 79:13 94:9 

integrator 74:21 

integrators 93:13 

intended 88:21 

interact 104:19 

interactive 108:8 

110:7 

interchangeably 

90:6 

interested 135:8,9 

interface 106:7 \ 

110:21113:13 \ 

interfacing 110:15 \ 

interfere 94:20 \ 

interject 119:12 \ 

international | 

148:22 153:8 \ 

159:18 167:5,5 \ 

Internet 5:13 13:22 ] 

interp 55:3,19 

interpretation 

54:15 55:14 f 

105:11 1 

interpretations | 

54:18 j 

investigation 8:1 

8:15,1635:14,15 

36:2137:4 46:8 \ 

52:4,7,14 56:12 \ 

56:16 57:3 64:17 

64:20 73:1178:15 

85:5 1 

investigations 19:9 1 

19:13 22:14 23:16 \ 

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investigative 55:4 

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202-234-443 3 

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56:1659:11,17 

65:14 85:11 

investigator 17:11 

involve 122:20 

involved 122:18 

143:22 165:5 

involves 7:16 

involving 10:21 

in-depth 107:4 

In-house 142:19 

irrelevant 87:2 

114:22 148:12 

149:20,22 

issue 13:2 48:13 

81:12 82:18 83:18 

148:6 150:16 

152:17 

issued 85:13 86:19 

164:12 

issues 6:6 7:10 

14:13 20:20 54:19 

55:2 86:7,12 

87:14 

item 11:13,19 

46:1876:1879:19 

79:21 86:3 128:19 

items 79:12 81:2,3 

105:18 136:20,22 

it'd 174:15 

it'll 39:19 52:8 

126:10 

I-C-A-O 153:6 

January 17:4 18:7 

74:3 153:15 

159:19,22 171:19 

171:21 174:13 

job 10:15 26:7 

103:6 109:20 

110:1,2,12 113:6 

113:7,9,22 116:2 

116:9 121:15 

- 130:5 138:9 

165:12 

John 32:1 

judge 1:22 4:3,14 

4:22 5:3,7 7:1,13 

8:20 9:3 12:6 

13:6 14:6 15:15 

16:2,8,12 20:4,21 

21:5,9,12,15 

37:14 42:7,16 

45:14,1647:1 

48:11,19 50:6 

51:10 52:12 54:4 

56:2 57:12 59:2 

70:4,7 71:3 72:3,6 

72:8 81:13,19 

82:7 85:18 86:5 

87:6 91:16 94:4 

94:15 98:19,22 

99:5,7,11,15,20 

100:1,4,10,15,18 

101:4,7,15,21 

102:3,8,11 115:2 

126:18 139:8 

140:13,16 141:1,9 

141:15 142:1 

147:15 148:13 

150:22 151:11,19 

153:5,11,19 

154:12,15,19,22 

156:11,16,18 

157:18 158:7,16 

159:2,6 160:15 

161:2,17,21 162:3 

162:17 166:11 

169:9,11 170:15 

170:17,20 171:2,4 

171:6,14 172:3,8 

172:11,17,21 

173:8,15,20 

174:11 175:4,9 

judgment 67:2 

judicial 70:10 

163:4 

jump 72:14 

justified 95:18 

K 

keep 12:8 13:17 

101:2,5 108:20 

Kenny 23:11 28:21 

kept 54:15 

key 52:12 

kind 52:20 53:10 

62:13 74:9,10 

75:1 111:6 173:11 

knew 36:10,10 

know5:15 9:13 

11:15 14:1948:15 

70:14 73:20 74:18 

75:1,9,15 76:8,10 

77:5 78:9,10,12 

79:4 80:10,18 

81:9 83:14,15 

84:4,4,15 85:15 

86:11,18 87:11 

88:10 89:22 90:20 

92:8,15,17 93:5 

98:10 113:19 

114:17 127:7,13 

132:14 137:13 

139:12,22 141:4 

143:21 144:5,9 

149:8 153:13 

155:11,12 157:14 

160:16 161:10 

162:13 165:21 

171:18 174:17,21 

knowing 48:17 

knowledge 80:11 

108:12 143:3 

162:9 167:21 

168:6,6 

known 33:19 80:4 

80:7 135:5 

Kyle2:21 4:12 

label 35:4,9 39:7,12 

41:4 44:9 45:2,10 

123:7 133:3 

168:17 

labeled 108:15,21 

115:17 133:10 

labeling 11:10 

20:13 28:12 

152:10 

labels 29:1 43:17 

78:1 82:19 83:1,4 

83:10,16 97:9 

108:18 145:13 

159:12 

laid 156:1 

landing 26:19 

large 74:19 93:12 

120:14 

largest 9:6 120:12 

Lastly 97:16 

late 114:13 

law 1:22 86:7 151:7 

Lawrence 2:13 

4:2021:11,12 

layman's 38:18 

leak 95:19 

leakage 79:17 

leaker 109:5 

leaking 79:5 94:8 

learn 105:16 108:9 

109:1 

leave 15:10 26:4 

left 44:18 119:10 

left-hand 40:8 51:4 

legal 59:21,22 

Leibowitz 174:17 

letter 56:12,15 

57:22 58:20 80:16 

81:3 85:5 96:15 

147:19,21 148:2 

148:18,19 152:2 

lettering 11:15 

let's4:3 15:12 69:2 

76:22 77:12 79:1 

80:12,14 81:5 

89:20 99:8 100:7 

100:21 112:2 

114:16 120:8 

132:4 141:5,9 

154:12 156:11,22 

157:18 164:4 

level 49:11,12 

59:21 105:6 

136:14 145:5 

lifted 144:16 

light 36:16 

lighter 96:8,11 

Pag e 185 

likes 173:9 | 

limit 148:11 

limitations 162:10 

limited 21:8 89:7 

Lind 2:4 4:10 

line 13:10 39:14 

107:17 157:21 

158:1 

liquid 34:17 62:10 

136:10 137:8 

liquids 53:4 80:8 

136:7 

list 10:21 116:2 

listed 92:19 

literally 60:18 

123:7 129:14 

liters 161:13 

little 30:7 44:13 

73:5 75:7 78:9 

143:20 

Littlejohn 3:5 58:9 

141:14,19 142:4,7 

148:17 152:1 

153:13 154:1 

155:20 156:2 

157:9 158:14,20 

169:17 

LLC 22:18 

load 39:15 44:22 

45:4 76:4,20 

115:11 117:18 

loaded 28:6 41:19 

45:3 116:17 117:4 

117:7,12,16 118:3 

118:10 122:6 

143:13 

loader 76:19 

loaders 76:4 

loading 39:11 

109:2 

lobby 14:18 

located 4:18 24:1,3 | 

40:8 44:10 

location 28:6 44:8 

83:2,8 102:20 

113:10,17 121:3 

124:17 126:15 

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127:3 139:13,16 

144:20 147:12 

locations 114:7 

120:14 133:22 

logic 75:22 

logical 75:16 

logically 75:19 

LOI 56:20,21 57:7 

80:13 

Lomazow 2:21 

4:12 

long6:13,14 17:2 

86:6 100:5 103:13 

138:13 142:13 

163:15 172:5 

173:6 

longer 17:20 

144:19 

look39:1643:15,18 

44:4 62:1 66:8 

69:2 70:16 74:11 

83:3,9 91:7 

104:16 110:22 

112:21 138:10 

144:15 145:10 

147:20 150:14 

looked 112:11 

136:10 

looking 30:10,12 

31:2140:1841:7 

61:12,1470:12 

74:2 77:16 84:10 

92:6 119:5,16 

124:1,1 129:3 

163:7 165:21 

looks 111:16 

lot 23:13 39:18 

44:21 53:19 54:18 

75:21 77:11 

138:20 

luck 94:10 

lunch 100:8 141:3 

l-e-i-n21:14 

L-i-t-t-1-e-j-o-h-n 

142:4 

M 

machine 76:11,13 

76:19 

magic 6:3 

magnetized 146:14 

main 53:3 

mainframe 111:8 

125:11 

majority 137:4 

making 5:20 

168:20 170:11 

manager 23:11 

32:1 80:21 103:8 

103:16,18 144:2,3 

144:3 

managers 35:21 

58:8 104:3 

mandatory 153:14 

manifest 118:5 

121:19 122:1,7,9 

133:14 

manifesting 11:1 

116:14 

manuals 9:22 

10:22 

manufacturer 

35:19,22 36:3 

51:21 63:8 

March 166:14 

mark6:16 129:15 

129:16 142:3 

145:8 146:22 

147:5 148:21 

150:17 153:2,14 

157:3 158:20 

159:5,15 163:8,10 

163:11,14 169:19 

170:2,4,7 

marked 8:2 26:9 

28:22 29:8 32:7 

32:1537:1842:11 

45:20 47:5 49:2 

50:10 51:14 54:8 

56:6 57:16 59:6 

71:7 77:5 78:14 

81:20 88:7,8 

108:15,21 115:16 

129:5 131:11 

133:10 137:21 

151:15 154:8 

marker 6:3 

marking 6:13 8:4 

11:1020:13 29:3 

29:4,5,6,12,19,19 

30:10,15,22 31:10 

33:12 35:7,9 44:6 

44:8,11,19 64:13 

77:7,15 78:2,11 

78:21 97:18 98:14 

131:7 134:16 

135:1 137:10,10 

137:13 151:12,19 

152:10 162:10,12 

163:6 164:20 

markings 26:10 

28:12 68:6 77:19 

77:22 83:4,10 

108:19 130:18 

167:17 168:18 

marks 145:16,19 

Maryland 7:17 

mass 122:22 

master 93:14,21 

match 25:9 

material 7:21 12:2 

17:13,22 18:3 

19:10,20 26:13 

28:4,13 29:7 30:8 

33:7 34:9,12 

35:19,20 47:15 

50:17 51:20,22 

52:3,6,10,21 53:9 

53:14,17 55:17 

57:5 62:3,15 63:8 

79:2 96:12 97:14 

109:2 134:10,14 

142:17 146:2,15 

166:21 168:7,19 

materials 9:11 12:1 

12:11 18:9,14 

19:7 20:3 23:5,8 

26:1,9 27:3,7,19 

28:14 32:6 36:7 

54:21 137:12 

149:2 165:7 

166:20 167:2 

mathematical 

66:19 

matrix 61:20 65:7 

67:5 83:21 88:10 

123:6 

matter 1:6,14 

72:15 105:15 

141:7 143:1 

156:14 168:22 

matters 165:7 

Matthews 13:21 

mean 22:21 48:13 

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79:7 83:15,19 

84:8 106:19 108:2 

108:19 110:22 

112:3,5 117:21 

119:13 120:17 

122:17 123:9 

125:20 126:5 

128:11 145:4 

149:2 

types 107:10 

typical 35:22 

106:17 114:10 

115:12 140:1,3,8 

typically 5:16 

119:15 

U 

ULD116:18 121:16 

ULDs 134:1 

ULIs 97:22 

ultimate 60:4 

132:15 

ultimately 59:10 

61:19 87:3 

UN71:21,22 

undergo 86:10 

108:2 

underlying 86:8 

understand 12:6 

20:8,18 115:2 

127:1 130:9 

131:21 148:5 

165:1 

understanding 

24:8 55:11 80:1 

84:12 85:12 93:9 

112:22 

unique 30:7 31:10 

35:7 44:7 98:5 

129:16 139:22 

157:8 

unit 39:14 44:22 

45:3 76:20 117:17 

United 1:1 75:22 

152:15,18,20 

157:8 

unload 120:15 ! 

122:21 

unloading 123:3 

unregulated 

161:11 

update 122:9 

updated 111:15 

124:11 

updates 118:7 

UPS 168:16 

upward 95:20 

URSA 123:9,19,20 

usage 80:3 

use6:14,15 11:2 

44:21 54:18 88:22 

105:16 109:13,18 

112:15 

ii^p^ 43-20 

usual 173:11 

usually 37:5 39:8 

43:22 92:12 

111:20 

utilization 18:8 

Neal R. Gross & Co., Inc. 

202-234-4433 
utilize 39:7,12 

utilized 29:5 35:5 

38:9 55:10 60:15 

76:1 

utilizing 18:3 

U.N 153:3 

U.S 10:2 17:16 

various 18:19 

168:10 

vehicle 39:14 

143:14 

vehicles 106:19 

verified 28:11 

verifies 123:20 

verify 24:10 26:21 

versus 97:18 

vice 96:18 

video 109:13 

violation 56:22 

57:4 58:5 60:19 

62:2 64:18,21 

65:1 66:10 67:21 

67:22 69:18 70:17 

91:6,11 92:18 

95:15 149:13 

150:1,9 155:3,6,7 

165:19 

violations 13:5 

19:10 65:15 66:3 

67:18,19,20 68:8 

68:11,12,14,16,18 

69:6 92:3,8,12,13 

92:14 

Violator 63:7,12,20 

violator's 63:6 

visibility 152:9 

visited 73:20 84:6 

visual 11:17 

voir 20:5 

volume 9:8,13 

113:16 115:4 

136:11 166:14 

volumes 136:16 

W 

W2:13 

Waddy 127:10 

wait 14:17 140:21 

waiting 14:17 

walk 36:14 80:22 

want6:9 8:21 15:5 

15:16 20:5 42:21 

61:13,22 71:10 

72:17 74:14 75:2 

82:15 90:7 96:14 

97:4 100:20,22 

118:15 141:15 

149:21 150:3,10 

166:12 171:9,10 

171:16 173:2,3 

174:2 175:6 

wanted 24:10 80:22 

90:11,15 142:22 

144:10 160:3 

wants 70:14 105:15 

166:19 

warrants 95:19 

Washington 1:2 

2:5,15 4:10 60:2 

172:12 

wasn't 78:10 156:7 

waste 150:2 

watch 24:21 

watched 28:10 

watching 23:3 76:1 

water 137:15 

155:10 160:7,14 

160:19,21 

wave 44:17 

way 8:12 48:15,17 

63:3 81:4 85:1 

91:5,6 100:13 

115:13 173:2,5 

ways 127:5 

Web 38:16,20 39:5 

54:17 111:4 

wedded 6:12 

week 171:19,21 

172:16 

weeks 174:1 

weight 62:13,14 

63:3 66:11 96:4 

125:19 126:10 

128:11 151:1,4 

156:20 161:18 

went31:14,15 60:l 

60:1 66:13 120:3 

141:7 156:14 

West 49:17,18 

wet 79:10 94:9 

we'll 8:3 12:7 24:9 

24:15,21 99:11 

100:7 151:5 

162:21 

we're 5:20 23:15 

25:140:1,2 61:12 

116:7 141:1 150:5 

150:6 164:19,20 

171:4 175:10 

we've 12:10,15 

106:6 107:12 

109:10 110:17 

112:2,3 145:8 

what'd 31:20 

white 47:22 48:3 

willingness 86:9 

window 114:12 

Wing 17:17 

witness 3:2 14:4,8 

15:8,9,16,21 16:5 

20:2,9 83:7,12 

98:20 99:4 100:20 

101:12,18 102:1,6 

115:4 140:14 

141:11,20 142:3 

147:17 156:4,8 

157:11,14,17 

159:4,7 163:22 

166:9,9,18 167:11 

witnesses 11:15 

14:9 99:9 100:2 

171:1 

word 173:9 

words 9:2 39:16 

49:9 69:5 74:14 

89:16 

work 16:21 102:16 

102:17,21,22 

106:20 123:17 

142:10 171:17 

worked 17:9,14 

18:4 115:22 

144:13 

working 17:2,8 

18:6 83:2,8 

109:11 112:19 

works 11:4 122:10 

world 9:16 131:5 

150:19 

world's 9:6 

wouldn't 33:19 

96:22 168:15 

wrap 161:18 

write 13:8 

written 111:21 

148:4 

wrong 64:13 81:18 

173:21 

year 65:19 107:2,7 

110:9 

yearly 10:17 

years 17:17 18:21 

60:18 65:21 66:11 

103:16 104:5 

105:13 142:15 

146:11 148:11 

zone 148:9 

$ 

$165,000 68:19 

1 

16:22 37:16 67:11 

67:16 96:12 126:6 

149:11 

1st 88:14 153:15 

159:19,22 

1:00 141:4 

1:10156:14 

1:12 156:15 

1:31 175:12 

10 69:13 70:3,7,18 

70:20 73:3 94:14 

115:6 

Pag e 195 

10:30 14:21 99:7 | 

10:32 99:14 

10:45 99:12,14 

10019:5 74:5,5,13 

74:15,17 114:9 

100,000 91:10 

102 3:4 

1170:21 71:4,5,7 

81:22,22 82:2 

11th 173:1,22 

174:14 

ll:00-ish 100:19 

11:36141:2 

11:37141:7 

11012:14 

113158:9 

117158:3 

117071:22 

12,000115:6 

12:32 124:20 

12:45 141:8 

12153:13 

126 3:4 

139 3:4 

1453:16 

14th 173:17 

140 3:4 

142 3:5 

14592 166:13 

15 172:9,12 

15,000 68:16 

1513:19,19,20,20 

154 3:22 

163:3 

16012:4 4:9 

162 3:5 

169 3:5 

17 158:8 

17121:3 

171.8 88:20 

172 162:12 

172.316163:3,5 

173.150 89:5 

173.27 29:16 33:6 

89:10 

173.30A 67:20 

17521:3 68:12,16 

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Nea l R. Gross & Co . 

202-234-443 3 

Inc . 
Pag e 196 

175.3 68:12 92:12 

175.3011:2 67:17 

67:19 92:12 

135:16 

18th 173:18,19 

174:10,16 

18019:5 

19443 61:9 

1944561:14 94:14 

94:22 95:1 

1944666:9 

19447 67:6 

19448 67:6 

1945061:10 

1996142:15 

199717:5 18:7 74:4 

1998 55:14 

2 42:7,9 96:12 

118:19 

2-1 38:4 

2-441:8 

2:3015:1 

20007 2:15 

2002 167:21 

2006 88:14 166:14 

20077:17 22:1 50:1 

58:6 61:1 65:17 

157:4 

2009-0721 4:5 

20101:12 

2011153:15 159:22 

2014159:19 

202 2:15,16 

21st 7:17 22:1 

119:8 124:19 

22nd 50:1 58:5 

227-1007 2:6 

227-1417 2:5 

228'88:13 165:15 

165:18 166:15 

167:10 

24 32:15 47:16 

112:15 

251:12 163:9,16 

26166:14 

27,500 67:21 

28th 172:18 174:13 

334:1745:16,18 

53:13 62:9 71:19 

71:19 136:6,9 

3rd 2:9 

3's 137:1 

3-143:1 77:13 

3-2 46:2 47:1,3 

3-3 48:20,21 

3.3 9:9 

3.5 9:8 

3:40 119:8 

3:50 124:7 

30 68:19 90:21 

105:13 

30th 2:14 

30,000 9:13 115:6 

32 142:14 

3400162:12 

35,000 90:21 98:3 

354 32:16 

3620 4:18 

3670 103:4 

373:10 

37,500 8:18 12:22 

68:22 69:15 

38125 103:5 

38125-8800 2:10 

4:30 15:2 

4010:17 109:17 

4152:5 

42 3:10 

425 2:6 

434-8283 2:11 

434-8632 2:10 

453:11 

473:12 

493:12 11:2 17:12 

19:4 21:2 29:16 

53:13 58:18 160:9 

551:1273:3,13 

5,000 67:21 

5:00 15:4 

503:13 73:10 

500 2:14 72:20 

513:13 

5207 154:13 

52074 154:10,14 

155:18 

52075 154:11 

52117 158:2,4 

54 3:14 

55,000 69:13 

55-mile-an-hour 

148:9 

563:14 

573:15 

59 3:15 

97218 16:20 

98057 2:5 4:10 

654:6 117:2 121:7 

60,000128:21 

625-4363 2:16 

625-8355 2:15 

6500 113:20 

7 56:4 117:2 

7's 117:6 121:7 

7:43 119:10 

713:16,17 

72 3:3 

7303 16:18 

74 53:6,12 

8 

8 57:12,14 

8th 174:3 

8677-22 25:2 

9 59:2,4 80:16 

117:3 

9's 121:7 

9-2 82:4 96:15 

9:00 1:16 

9:094:2 

9012:10,11 

94 3:3 

a^mcmBsaummrBsmaamss 

Nea l R. Gross & Co . 

202-234-443 3 

Inc . 
197 

CERTIFICAT E 

This is to certify that the foregoing transcript 

In the matter of: Federal Express, Inc. 

Docket No. CP09NM0010 

Before: Admin. Law Judge Richard Goodwin 

Date: 10-25-10 

Place: Portland, Oregon 

was duly recorded and accurately transcribed under 

my direction; further, that said transcript is a 

true and accurate record of the proceedings. 

Court Reporter 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com