U.S. Deparbnent 

of Transportation 

Federal Aviation 

Administration 

Office of the Chief Counsel 

U.S. CERTIFIED MAIL, RETURN-RECEIPT REQUESTED 

AUG 3 1 2015 

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 of Federal Express 

Enforcement Division 

Western T earn 

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 of a request for hearing and Complaint in the abovereferenced proceeding. 

The Federal Aviation Administration (FAA) requests that the hearing in this matter be held in 

Seattle, Washington, and expects that the hearing will last one (I) day. 

For scheduling purposes, FAA attorney, David F. Shayne, will be unavailable the following dates 

in 2015: September 14 through 18; September 23, 28, and 29; October 4 and 5; in 2016: April29; 

June 1 through 10; June 13; October 3, 4, 12, 17, 18, 24, and 25, inclusive. 
Please address all communications for the FAA to the undersigned at: 

David F. Shayne 

Attorney 

Enforcement Division, 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, Senior Attorney, Regulatory Affairs 

2 
Regional Counsel 

AUG 2 4 2015 

Express 

August 21, 2015 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue S.W. 

Wilbur Wright Building- 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 

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

2015NM720020 and received by my office on August 11, 2015, Federal Express, in accordance 

with 14 CPR 13.16(g)(2)(ii), respectfully requests a hearing in this matter. 

A copy of this request is being sent to David F. Shayne, Federal Aviation Administration, Office 

of the Chief Counsel, 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. 

If there are any questions, please call me at (202) 393-9285 or emailgreg.stofko@fedex.com. 

Sincerely, 

FEDERAL EXPRESS CORPORATION 

Greg G. Stofko 

Senior Attorney 

Regulatory Affairs 

Off1ce: (202) 393-9285 

greg.stofko@fedex.com 

cc: David F. Shayne 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the matter of: 

FEDERAL EXPRESS 

JUDGE NOT ASSIGNED 

) 

) 

) 

) 

FAA Docket No. CP- not assigned 

Case No. 2015NM720020 

COMPLAINT 

The Complainant hereby files its Complaint, pursuant to Rule 208 of the Rules of 

Practice in FAA Civil Penalty Actions (14 C.F.R. § 13.208), and states as follows: 

I. 

Respondent Federal Express was advised through a Notice of Proposed Civil Penalty 

dated April 9, 2015, and by a Final Notice of Proposed Civil Penalty dated August 5, 2015, that 

the FAA proposed to assess a civil penalty in the amount of$18,000. By a Jetter dated August 

21. 2015, Respondent requested 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 entity that regularly offers, 

accepts, or transports hazardous material (HAZMA T). 

2. FedEx is also an air carrier with annual operating revenue of$ I 00,000,000 or more. 

3. On or about December I 0, 2014, special agents from the Federal Aviation 

Administration (FAA) conducted a HAZMAT inspection at the FedEx facility located 

in Portland Oregon. 
2 

4. During the inspection, it was observed that FedEx accepted a package under FedEx 

Air Tracking Number 8064 3853 1247 that contained no HAZMAT but on which had 

a marking that the material contained within was hazardous. 

5. During the 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 HAZMA T under the 

Department of Transportation (DOT) Hazardous Materials Regulations (HMR) (49 

Code of Federal 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 of 49 C.F.R. 173.27(c)(3)(ii) in that it did not have a 

marked test pressure of 80 kPa or higher. 

9. As a result of the 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 of the 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 HAZMA T 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 of a hazardous material or 

any other markings indicating that the material is hazardous (e.g., RQ, 

3 

lNHALA TION HAZARD) when the package did not contain the identified hazardous 

material or its residue. 

2. In accordance with Section 5123(a) of Title 49 of the United States Code 

(U .S.C.) (Transportation) [ 49 U.S.C. Section 5123(a)], FedEx is liable for a civil penalty not to 

exceed $75,000 for each violation of the Department of Transportation Hazardous Materials 

Regulations. 

3. Under the facts and circumstances of this 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 Complainant respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $18,000. 

Date: 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

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 of the complaint. 
CERTIFICATE OF SERVICE 

I hereby certify that on this date, I have sent by U.S. Certified Mail- return receipt 

requested, a copy of the foregoing complaint in the matter of Federal Express, FAA Docket No. 

CP- not assigned, Case No. 2015NM720020, to: 

Greg. G. Stofko 

Senior Attorney 

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 of the 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 2Wl 000 

AUG 3 1 2015 

;72Y£Jl~ 

Office 

Legal 

JeffKamberg~ Technician 

of the Chief Counsel 

~ 

Enforcement Division- Western Team