U.S. Deparbnent ofTransportation Federal Aviation Administration Office ofthe Chief Counsel

U.S. CERTIFIED MAIL, RETURN-RECEIPT REQUESTED 

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## 3 12015 Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 RE: In the matter ofFederal Express Enforcement Division Western Tearn 1601 Lind Ave. S.W. Renton, WA 98057 

# RECEIVED SEP

- 8 2015 HEARING DOCKET

FAA Docket No. CP- not assigned; Case No. 2015NM720020 Enclosed is an original and one copy ofa request for hearing and Complaint in the abovereferenced proceeding. TheFederal Aviation Administration (FAA) requests that the hearing in this matter be held in Seattle, Washington, and expects thatthe hearing will last one (I) day. For scheduling purposes, FAAattorney, David F. Shayne, will be unavailablethe following dates in 2015: September 14 through 18; September23, 28, and 29; October 4 and 5; in 2016: April29; June 1through 10; June 13; October 3, 4, 12, 17, 18, 24, and 25, inclusive.Please address all communications forthe FAAto the undersigned at: David

### F. Shayne Attorney EnforcementDivision, Western Team 1601 Lind Avenue S.W. Renton, W A 98057 Email: david.f.shayne(wfaa.gov Telephone: (425) 227-2007 (main) (425) 227-2165 (direct) (425) 227-1007 (fax) Respectfully,

David F. Shayne Attorney Digitally signed by DAVID FRANKS SHAYNE Date:2015.08.3112:43:57 -07'00' Enforcement Division, Western Team

Enclosures
cc: Greg. G. Stofko, SeniorAttorney, RegulatoryAffairs 2

### Regional Counsel 

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## 2015 

## Express August21, 2015 HearingDocket FederalAviation Administration 600 IndependenceAvenue S.W. WilburWrightBuilding- Suite 2WIOOO Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 

## ANM-7

RE: Request for Formal Hearing- FAA Case Number: 2015NM720020 Dear Sir: Legal Department 3620 Hacks Cross Road Building B, 3rd Floor Memphis,TN 38125 US

Inresponse to the Final Notice ofProposed Civil Penalty that was issued in FAA case number 2015NM720020 andreceived by myoffice onAugust 11, 2015, Federal Express, in accordance with 14 CPR 13.16(g)(2)(ii), respectfullyrequests ahearing inthis matter. A copy ofthisrequest is being sentto DavidF. Shayne, Federal Aviation Administration, Office ofthe ChiefCounsel, Enforcement Division, Western Team, 1601 Lind Avenue, S.W. Renton, WA98057. All correspondence regarding this matter should be sent to my attention at 1700 Pennsylvania Avenue, N.W., Suite 950, Washington, DC 20006. Ifthere are any questions, please callme at (202) 393-9285 or emailgreg.stofko@fedex.com. Sincerely, FEDERALEXPRESS CORPORATION

Greg G. Stofko SeniorAttorney RegulatoryAffairs Off1ce: (202) 393-9285 greg.stofko@fedex.com
cc: David F. ShayneU.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATIONADMINISTRATION

In the matter of: FEDERAL EXPRESS
JUDGE NOT ASSIGNED ) ) ) ) FAA DocketNo. CP- not assigned Case No. 2015NM720020

COMPLAINT The Complainanthereby files its Complaint, pursuant to Rule 208 ofthe Rules of Practice in FAA Civil Penalty Actions (14 C.F.R. § 13.208), and states as follows: I. RespondentFederal Express was advised through a Notice ofProposed Civil Penalty dated April 9, 2015, and by a Final Notice ofProposed Civil Penalty dated August 5, 2015, that the FAAproposedto assess a civil penaltyin the amount of$18,000. By a Jetter datedAugust 21. 2015, Respondentrequested a hearing. The Enforcement Division, Western Team received Respondent's written request tor a hearing on August 24, 2015. II. I. Federal Express Corporation (FedEx) is a business entitythat regularly offers, accepts, ortransports hazardous material (HAZMAT).
2. FedEx is also an air carrier with annual operating revenue of$I00,000,000 or more. 3. On or about December I0, 2014, special agents from the Federal Aviation Administration (FAA) conducted a HAZMAT inspection atthe FedEx facility located in Portland Oregon.2 4. During the inspection, it was observed that FedEx accepted a package under FedEx AirTracking Number 8064 3853 1247 that contained no HAZMAT but on which had
a marking that the material contained within was hazardous.

5. Duringthe inspection, it was observed that FedEx accepted a shipment under FedEx Air Tracking Number 5664 9030 5740 that included a plastic drum containing a liquid substance labeled "Resin Solution."
6. The substance, referenced in paragraph 5, is classified as HAZMAT under the Department ofTransportation (DOT) Hazardous Materials Regulations (HMR) (49 Code ofFederal Regulations (C.F.R.) Part 171 et.

**~.).** 7. The proper shipping name and description for the liquid substance referenced above is "resin solution, clear UNI866, Class 3, Packing Group III."

8. The plastic drum in which the substance identified in paragraph 5 was transported did not conform to the requirements of49 C.F.R. 173.27(c)(3)(ii) in that it did not have a marked test pressure of80 kPa orhigher.

9. As a result ofthe above, FedEx accepted packages that were offered for transportation by aircraft that did not conform to the general requirements for transportation by aircraft as set forth in 49 C.F.R. 173.24(i) and 173.27.III. I. By reason ofthe foregoing circumstances, it appears that FedEx violated the following DOT HMR's (49 C.F.R.):

a. Section 175.3, in that it accepted for transport aboard an aircraft and thereafter transported HAZMAT that was not prepared for shipment in accordance with the HMR(49 C.F.R., Subtitle B, Chapter l, Subchapter C).

b. Section 172.303(a), in that it accepted for transport a package which was marked with the proper shipping name, the identification number ofa hazardous material or any other markings indicatingthat the material is hazardous (e.g., RQ, 3

lNHALATION HAZARD) when the package did not contain the identifiedhazardous material or its residue.

2. In accordance with Section 5123(a) ofTitle 49 ofthe United States Code (U.S.C.) (Transportation) [ 49 U.S.C. Section 5123(a)], FedEx is liable for a civil penaltynot to exceed $75,000 for each violation ofthe Department ofTransportation Hazardous Materials Regulations.

3. Under the facts and circumstances ofthis case and in accordance with the Administrator's Sanction Guidance in FAA Order 2150.38, Appendix B, a civil penalty of $18,000 is appropriate for the violation(s) in this case.4 WHEREFORE, the Complainantrespectfully requests that the Administrative LawJudge enter an order that Respondent be assessed a civil penalty in the amount of$18,000.

Date: Respectfully submitted, PeterJ. Lynch Assistant ChiefCounsel

for Enforcement
By: David F. Shayne Attorney Digitally signed by DAVID FRANKS SHAYNE Date: 2015.08.31 08:46:16 -07'00'
Enforcement Division, Western Team 1601 Lind Avenue S.W. Renton, W A 98057 Email: david.f.shayne@faa.gov Telephone: (425) 227-2007 (main) (425) 227-2165 (direct) (425) 227-1007 (fax)

NOTE: Pursuant to 14 C.F.R. 

### § 13.209(a), a written answer to a complaint must be filed no later than thirty (30) days after service ofthe complaint.CERTIFICATE OF SERVICE Ihereby certifythat on this date, Ihave sent by U.S. Certified Mail- return receipt requested, a copy ofthe foregoing complaint in the matter ofFederal Express, FAA Docket No. CP- not assigned, CaseNo. 2015NM720020, to: Greg. G. Stofko SeniorAttorney Regulatory Affairs 1700 Pennsylvania Avenue, N.W., Suite 950 Washington, DC 20006 5

In addition, I hereby certify that on this date, I have sent by U.S. Certified Mail- return receipt requested, the original and one copy ofthe foregoing document to:

Date: Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 

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**JeffKamberg~ ~**  Legal Technician Office ofthe ChiefCounsel Enforcement Division- Western Team