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•APARTMENT OF 

;hANSPORMTION 

^^^ ^'^FT OPERATIONS 

UNITED STATES DEPARTMEN T 01" 'I'RANSPORTATION 

FEDERAL AVIATION ADMINISTRATION ^"•'^ ^^^ " I P 2- k2 

) 

in Ihc Matter ol"; ) 

Federal Express Corporation ) FAA Case No. 2009NM700056 

) 

JUDGE RICHARD C. GOODWIN 

KKSPONDENT'S ANSWER TO COMPLAINT AND 

STATEMENT OF AFFIRMATIVE DEFENSES 

Respondent Federal Express Clorporation (d/b/a I'cdEx Express) hereby answers, 

by counsel, the Complaint filed in this proceeding by Regional Counsel lo the Federal 

Aviation Adininislration, and sets Ibrih allirTnative defenses to this civil penalty claim. 

Following the numbering of the sections in the Complaint: 

1 

1. The allegations contained in Section 1 of the Complaini are admitted. 

II 

1. Ihc Respondent denies that it regularly offers hazardous material 

(HAZMAT). The remaining allegations contained in Section 11 (1) of the 

Complaint arc admitted. 

2, The allegations contained in Section II (2) of the Complaint are admitted. 
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3. The Respondent denies that it ollcrcd a shipment ibr transport in air 

commerce. All remaining allegations contained in Section II (3) of the 

Complaint are admitted. 

4. Ihe Respondent denies that the shipment llcw on an Empire Airlines aircraft. 

The remaining allegations contained in Section TT (4) of the Complaint are 

admitted. 

5. The allegations contained in Section 11 (5) of the Complaint are denied, as the 

Respondent is without personal knowledge of ihe allegations, and strict proof 

is demanded thereof 

6. The allegations contained in Section 11 (6) of the Complaint are admitted upon 

infomiation and belief. 

7. The allegalion.s contained in Section II (7) of the Complaint arc admitted upon 

information and belief. 

8. Ihc allegations contained in Section IT (8) of the Complaint are admitted. 

9. The allegations contained in Section II (9) of the Complaini are admitted, 

upon infoiination and belief 

10. in response lo ihe allegations contained in Section II (10) of the Complaint. 

Respondent admits only that it accepted and transported the subjecl shipment 

by air. All other allegations arc denied. 
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11. The allegations contained in Section II (11) of the Complaint arc admitted. 

12. The allegations coniaincd in Section II (12) of the Complaint are admitted. 

13. The allegations contained in Section U (13) of the Complaint arc denied, as 

the Respondent is without personal knowledge of the allegations, and strict 

proof is demanded thereof. 

14. The allegations contained in Section II (14) of the Complaint are admitted, 

upon information and beliel". 

15. The allegations contained in Section II (15) of the Complaint are admitted 

upon information and belief. However, the relevance of these allegations is 

disputed by the Respondent. 

16. The allegations contained in Section II (16) of the Complaint are admitted 

upon information and belief 

17. The allegations contained in Section II (17) of the Complaint arc admitted. 

18. The allegations contained in Section 11 (18) of the Complaint are denied, with 

strict proof demanded thereof, as the allegations are vague and conclusori^ 

III 

1. The allegations contained in Section 111 (1) (a)-(e) of the Complaint are denied. 

2. The allegations contained in Section Jll (2) - (3) of the Complaint are denied. 
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3- All other allegations not specifically addressed are hereby denied. 

RESPONDENT'S STATEMENT OF AFFIRMATIVE DEFENSES 

1. The Complaint fails to state a claim warranting the proposed penalty. 

2. The Complaint fails to state a claim upon wliich relief may be granted. 

Wherefore, Respondent, FEDERAL EXPRESS CORPORATION, respectfully requests 

that judgment be entered in its favor, and that the Complaint and civil penalty of the 

Federal Aviation Administration be dismissed with prejudice. 

This j S day of October, 2010. 

Cynthia Chandler-Snell 

Senior Attorney - Regulatory Affairs 

Federal Express Corporation 

3620 Hacks Cross Road 

Building 3,3'" floor 

Memphis, TN 38125 

(901)434-8361 

(901) 434-8283 FAX 
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CERTIFICATE OF SERVICE 

I hereby certify that the Ibregoing Answer has been sent via Priority Overnight on 

this, the 3 day of October, 2010 to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Mr. Scott Morris, Attorney 

I'ederal Aviation Administration 

Office of the Regional Counsel (ANM-7) 

1601 Lind Ave., S.W. 

Renton, WA98057 

Cynthia Chandler-Sncll 

Senior Attorney - Regulatory Affairs 

Federal Express Corporation 

3620 Hacks Cross Road 

rd Building B, i"" Floor 

Memphis, TN 38125 

(901)434-8361 

(901) 434-8283 FAX