U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of: 

Federal Express Corporation 

Respondent 

Judge Unassigned 

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FAA DOCKET No. FAA 2014-0864 

(Civil Penalty Action) 

FDMS No. FAA 2014-0864 

SECOND AMENDED COMPLAINT 

The Federal Aviation Administration (hereinafter "FAA") 

files its Second Amended Complaint under Rule 208 of the Rules 

of Practice in FAA Civil Penalty Actions, 14 C.F.R. § 13.208 and 

states the following: 

I. 

By Notice of Proposed Civil Penalty dated July 14, 2014 and 

Final Notice of Proposed Civil Penalty dated October 29, 2014 

Federal Express Corporation was advised that the Federal 

Aviation Administration proposed to assess a civil penalty in 

the amount of $65,000.00. The FAA filed its Complaint on 

November 10, 2014. It filed an Amended Complaint on August 11, 

2015. 

II. 

1. On or about January 10, 2014, Federal Express Corporation 

("FedEx") failed to inspect and improperly accepted a hazardous 

material shipment for air transportation from Austin, Texas to 

Fort Smith, Arkansas. 

2. The shipment consisted of two (1) one gallon cans of Tuffy 

Fast Dry F.F. Blue Paint. 

3. The paint was contained inside of a non-specification 

fiberboard box. One side of the box displayed two large 

orientation arrows. "PAINT" was printed on a second side of the 

box. 
4. In transit, one of the cans leaked. 

5. Tuffy Fast Dry F.F. Blue Paint is regulated by the 

Department of Transportation Hazardous Material Regulations, 49 

C.F.R. 171 et. seq. (DOT HMR). 

6. The proper shipping name for Tuffy Fast Dry F.F. Blue Paint 

is Paint, hazard class 3, Packing Group II, UN1263. 

7. The shipment was assigned FedEx Express Airway bill tracking 

number 797609866023. 

8. The shipper was Hanna Anderson, TCI Coatings, Inc., 220 

Industrial Blvd., Austin, Texas 78745. 

9. The consignee was Receiving, Air Compressor Equipment, 3401 

Kelly HWY, Fort Smith, Arkansas, 72904. 

10. FedEx accepted hazardous material for transportation by air 

in commerce when the material was not properly classed, 

described, packaged, marked, labeled, and in condition for 

shipment as required or authorized by applicable requirements of 

subchapter C, of the hazardous material regulations. 

11. FedEx transported hazardous material for transportation by 

air in commerce when the hazardous material was not transported 

in accordance with the applicable requirements of subchapter C, 

of the hazardous material regulations. 

12. FedEx accepted hazardous material for transportation aboard 

an aircraft when the hazardous material was not described and 

certified on a shipping paper prepared in duplicate in 

accordance with part 172 or as authorized by subpart C of part 

171 of subchapter C, of the hazardous material regulations. 

13. FedEx accepted hazardous material for transportation aboard 

an aircraft when the hazardous material was not marked and 

labeled in accordance with subparts D and E of part 172 or as 

authorized by subpart C of part 171 of subchapter C, of the 

hazardous material regulations. 

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III. 

By reason of the above FedEx violated the following 

Department of Transportation Hazardous Materials Regulations 

Title 49 of the Code of Federal Regulations): 

a. Section 17l.2(e), [49 C.F.R. § 17l.2(e)] in that it 

accepted hazardous material for transportation by air in 

commerce when the material was not properly classed, described, 

packaged, marked, labeled, and in condition for shipment as 

required or authorized by applicable requirements of subchapter 

C, of the hazardous material regulations. 

b. Section 171.2 (f), [49 C.F.R. § 171.2 (f)] in that it 

transported hazardous material for transportation by air in 

commerce when the hazardous material was not transported in 

accordance with the applicable requirements of subchapter C, of 

the hazardous material regulations. 

c. Section 175.3, [49 C.F.R. § 175.3] in that it accepted 

hazardous material for transportation by air that was not 

prepared in accordance with this subchapter. 

d. Section 175.30(a) (2), [49 C.F.R. § 175.30(a) (2)] in that it 

accepted hazardous material for transportation aboard an 

aircraft when the hazardous material was not described and 

certified on a shipping paper prepared in duplicate in 

accordance with part 172 or as authorized by subpart C of part 

171 of subchapter C, of the hazardous material regulations. 

e. Section 175.30(a) (3), [49 C.F.R. § 175.30(a) (3)] in that it 

accepted hazardous material for transportation aboard an 

aircraft when the hazardous material was not marked and labeled 

in accordance with subparts D and E of part 172 or as authorized 

by subpart C of part 171 of subchapter C, of the hazardous 

material regulations. 

IV. 

Pursuant to Section 107.329 of the Hazardous Materials 

Transportation Law, as amended, [49 CFR § 107.329 and 49 U.S.C. 

§ 5123(a) (1)] FedEx is liable for a civil penalty not to exceed 

$75,000 for each of the violations alleged. 

Under the facts and circumstances of this case, a civil 

penalty of $65,000.00 is appropriate. 

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WHEREFORE, the Federal Aviation Administration, 

respectfully requests that the Administrative Law Judge enter an 

Order that Federal Express Corporation be assessed a civil 

penalty in the amount of $65,000.00 for the violations alleged 

in this complaint. 

Respectfully submitted this 24th day of November 2015. 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

By:-=----,:;t('£'£--4;• L'""'£""''·(--:-:-t_·t;_-~-~-' ·"::-C'- . . _,··· ?£:-'~-"· . ·"".:'-"'.-?_.'-.~'-·· --

Ja~es Archier, Senior Attorney 

.Enforcement Division, Southwest Team 

Federal Aviation Administration 

10101 Hillwood Parkway 

Fort Worth, Texas 76177 

E-mail: james.archier@faa.gov 

Telephone: (817) 222-5099 (Main) 

(817) 222-5074 (Direct) 

(817) 222-5945 (Fax) 

Please Note 

Pursuant to Title 14 CFR § 13.209(a), you are required to file a 

written answer to this Second Amended Complaint, or a written 

motion to dismiss if appropriate, not later than thirty (30) 

days after the date shown on the Certificate of Service which is 

attached to this document. 

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CERTIFICATE OF SERVICE 

Re: Federal Express Corporation, FAA Case No. 2014SW700042 

I hereby certify that on this day, I have sent via Federal 

Express an executed original and one copy of the Second Amended 

Complaint, addressed as follows: 

Hearing Docket 

Attention Hearing Docket Clerk 

Federal Aviation Administration 

600 Independence Avenue, SW 

Washington DC 20591 

Wilbur Wright Building-Suite 2Wl000 

Washington, DC 20591 

I further certify that on this date, I have sent via 

Federal Express a true copy of the Second Amended Complaint, 

addressed as follows to: 

TEL: 

FAX: 

(202) 393-9285 

( 2 02) 62 8-0 654 

Mr. Greg G. Stofko 

Senior Attorney 

Regulatory Affairs 

Federal Express Corporation 

1700 Pennsylvania Avenue, N.W. 

Suite 950 

Washington, DC 20006 

EMAIL: greg.stofko@fedex.com 

TEL: (202) 496-7356 

Allan H. Horowitz 

McKenna Long & Alridge LLP 

1900 K Street, NW 

Washington DC 20006 

EMAIL: ahorowitz@mckennalong.com 

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U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

Attn: Patricia Matthews 

TEL: (202) 366-5121 Staff Assistant 

FAX: (202) 366-7536 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

.··· /1 ,,/'' ' 

By : __ · J."".;;t._..:<:~c::._'L_, _..{_4::__!'/f._.::_·_::::<'_·····""k""·~""..e:_~· ~d=L_ __ James Archier, Senior Attorney 

Enforcement Division, Southwest 

Federal Aviation Administration 

10101 Hillwood Parkway 

Fort Worth, Texas 76177 

E-mail: james.archier@faa.gov 

Telephone: (817) 222-5099 (Main) 

(817) 222-5074 (Direct) 

(817) 222-5945 (Fax) 

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Dated: November 24, 2015