09/21/2010 15:28 FAX 2024935142 FAA * DMS §1001/003 

Express 

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••'.i:i OPERATIONS 

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VIA FEDEX 

September 2, 2010 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue S. W. 

Wilbur Wriglit Building Suite 2W1000 

Wa.shington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

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RK: Request for Formal Hearing - FAA Case Number; 2008NM700208 

Dear Sir: 

In response to the Amended Notice of Proposed Civil Penalty that was issued in FAA case 

number 2008NM700208 and received by my office on August 17, 2010, Federal Express, in 

accordance wiih 14 CFR 13.16(g)(2)(ii), respectfully requests a hearing in this matter. 

A copy of this request is being sent to Scotl Morris, Attorney, Northwest Mountain Region, 

Federal Aviation Administration. 

All correspondence regarding this matter should be sent to my attention at 3620 Hacks Cross 

Road, 3rd Floor, Building D, Memphis, Tennessee 38125. 

II" there are any question.s, please call mc at (901) 434-8361 or email cynthia.chandlersnell@fedcx.com 

Very truly yours, 

I'liDERAL EXPRESS CORPORATION 

Cyntlua Chandler-Snell 

Sr. Attorney 

Regulatory Affairs 

(901)434-8361 

I^AX: (90!) 434-8283 

Cynihia.chandlcr-snell(i/}fedex.com 

RECEIVED 

SEP 0 3 2010 

HEARING DOCKET 
'"i 

09/21/2010 15:28 FAX 2024935142 FAA + DMS @l002/003 

cc; Pat Oppenheimcr- Corporate Safety, Federal Express 

David Littlejohn - Corporate Safely, Federal Rxpress 

Mr. Scott R. Morris, FAA Attorney 

Federal Aviation Administration 

Office of the Regional Counsel 

Northwest Mountain Region 

1601 T.ind Avenue, 5>W 

RenJon, WA 98057 
09/21/2010 15:29 FAX 2024935142 FAA + DMS 21003/003 

REPLY FORM NOTICE OF PROPOSED CIVIL PENALTY 

Date Case Name: Kof^ C ^VPg<^S S 

Case No. ::^j r t4 r^ n or^JLo ^ 

In reply to your Notice of Civil Penalty, I elect to proceed as indicated by my check mark beside the 

numbered paragraph below: 

1. [ ] I hereby submit the amount of the proposed civil penalty with the understanding that an order 

assessing a civil penalty will be issued in that amount without further notice. I ALSO UNDERSTAND 

THAT I AM WAIVING MY RIGHT TO A HEARING. 

2. [ ] I have paid the proposed civil penalty with a credit card over the Internet at the following 

website: https://www.pav.qov. 

/ understand that an order assessing a cMI penalty will be issued In the amount without further notice. 

I ALSO UNDERSTAND THA TI AM WAIVING MY RIGHT TO A HEARING. 

3. [ ] I hereby submit evidence and information, demonstrating that a violation of the regulations did 

not occur or that the amount of the penalty Is not warranted by the circumstances. 

4. [ ] I hereby submit information and records showing that I am financially unable to pay the 

proposed civil penalty, or that payment of the penalty would prevent me from continuing in business. 

5. [ ] I hereby request that a civil penalty be assessed in the amount of $_ 

and I submit the reasons for the reduction. My request constitutes my agreement that if the FAA 

accepts this offer, an order assessing civil penalty in the amount I have specified may be issued 

without further notice. MY REQUEST ALSO CONSTITUTES MY AGREEMENT THAT I HAVE 

WAIVED MY RIGHT TO A HEARING IF MY OFFER IS ACCEPTED. IF THE FAA DOES NOT 

ACCEPT THIS OFFER. HOWEVER, MY RIGHT TO A HEARING IS NOT AFFECTED. 

6-3- [ ] I hereby request a telephonic informal conference to discuss this matter with a FAA attorney-

(An attorney will call you at the telephone number you provide here: ( ) - You will 

be provided at least 2 weeks advance notice of the date and time of this conference.) NOTE: If you 

choose to discuss this matter informally by telephone, you should provide any documents or other 

information you wish to have considered on your behalf before the date of the informal conference. 

6.b. [ ] I hereby request an in-person informal conference with a FAA attorney to discuss this matter 

at (choose a FAA office from the attached list). 

6.C. [ ] 1 hereby request an in-person informal conference with a FAA attorney to discuss this matter 

at . I am requesting an in-person informal conference at this location 

because . I have 

also indicated an alternate location from the attached list under item 6.b. In the event the FAA is 

unable to grant my request under this option. 

7. [ ] I hereby request that the FAA impose a civil penalty without making findings of violations, and 

submit my reasons. My request constitutes my agreement that if this offer is accepted, a compromise 

order will be issued in the amount set forth in the Notice of Proposed Civil Penalty. MY REQUEST 
09/21/2010 15:29 FAX 2024935142 FAA * DMS @1001/001 

ALSO CONSTITUTES MY AGREEMENT THAT IF THIS OFFER IS ACCEPTED. 1 HAVE WAIVED 

MY RIGHT TO A HEARING. 

8. bo I hereby request a hearing In accordance with Subpart G of Part 13 of the Federal Aviation 

Regulations with the understanding that a Complaint will be filed. I request that the hearing be held in 

. I am sending this request both to the FAA attorney at 

The Office of the Regional Counsel Northwest Mountain Region, and to the Federal Aviation 

Administration. 800 Independence Avenue, SW.. Washington, DC 20591, Attention: Hearing Docket 

Clerk. AGC-430. Wilbur Wright Building - Suite 2W1000. 

9- [ 1 I hereby claim entitlement to a waiver of penalty under the Aviation Safety Reporting Program 

and enclose evidence that a timely report was filed. As to the allegations of fact and violations ~ 

[ 1 I request that an order assessing civil penalty with waiver of penalty be issued and I waive my 

right to a hearing. 

[ ] I request a hearing in this matter in accordance with paragraph 8. above. 

Signature: 

Name: 

Address: 

Telephone: 

Date: 

^\.:in u^rVc. cpcg><; ep 

Case No.: J^jOr/M.r l IOCQJ:) ^ 

[ ] I request that future documents in this case be sent to my representative: 

Name: 

Address: 

Telephone: