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O 

U.S. Department 

of rransportotlon 

P6d«ral Aviation 

Administration 

Ti c: 

Great Lakes Region 

2300 E. Devon Avenue 

DesPlaines, 11 60018 

847/29^-7313 

May 11,2010 

QVEKNIGMTMATT. 

Federal Aviation Administration 

800 independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite2W1000 

ATTN: HEARING DOCKET CLERK tPW^li^'f/^^/^-^^^? 

Re: In the Matter of FEDERAL EXPRESS CORPORATION 

Docket No. 2009-CTL-70-0354 

(NtrfJXtlucliJ. \ 

Enclosed herein please find a copy of/a request for hearing^d the original and one copy oi" the 

Federal Aviation Administration's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

Tlie FAA request."? that the hearing in this matter be held in the Chicago area, and expects that the 

hearing will last one day. 

Please address all communications for the Federal Aviation Administration to the attention of Kale 

Barber, Oilice of the Regional Counsel, 2300 East Devon Avenue, Des Plaines, Tllinoi.s 60018. 

Sincerely, 

Kate Barber 

Enclosures 

^ 

cc: AGL-700 

'..'•?."• 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIAIION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

' ! 

In the Matter of FEDERAL EXPRESS CORPORATION 

2009-GL-70-0354 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA or Complainant), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I 

1. On or about September 2, 2009, an FAA special agent conducted an inspection of shipments 

accepted into the transportation system by Federal Express Corporation (Fed Ex) when Fed 

Ex had availed itselfof the TCAO Technical Tniitruction.'; for the Transportation of 

Dangerous Goods by Air (ICAO TI), including ail United States Variations thereto. The 

inspection took place at the Fed Ex facility located at the Lovcland, Oliio Fed Ex tacility. 

2. On or about September 2, 2009, Rozzi Incorporated, 11605 Lebanon Road, Loveland, Ohio, 

45140, offered to Fed Ex for transportation in commerce, a shipment under air waybill 

(A WB) 869425468967, to the consignee, Shawn Blankenship, 4415 Grays Church Road, 

Newton, NC 28658. 

3. The shipment, oflered and accepted under AWB 869425468967 contained 3 pounds of 

pyrotechnics, which is classified as a hazardous material under the Department of 

Transportation Ha2ardous Material Regulations (49 C.F.R. § 172.101). The proper .shipping 
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name for this material is Articles, Pyrotechnics, Hazard Class 1.4G, Packing Group 11, IJN 

0431. 

4. The shipment under AWB 869425468967 was accepted with an improper packing 

instruction listed on the shipper's declaration of dangerous goods. The packuig instruction 

listed is 131. The proper packing instruction for non-bulk is 62. 

5. The shipment accepted by Fed Ex under AWB 869425468967 did not contain the proper EX 

number on the shipping papers or the Cargo Aircraft only label on the package. 

6. Fed Ex accepted hazardous materials for iransportation by air in commerce when the 

materials were not properly classed, described, packaged, marked, labeled, and in tlie 

condition for shipment as required or authorized by the hazardous materials regulations. 

7. Fed Ex accepted a shipment ofhazardous material for shipment by air when the shipping 

papers were not properly prepai-ed and the hazardous material was not properly described 

and certified on the shipping paper. 

IV 

By reason oJ'lhe foregoing facts and circuin.stances, the Respondent violated the following 

Federal Aviation Regulations: 

A. 49 C.F.R. 171.2(e), in that Fed Ex accepted hazardous material for transportation by 

air in commerce when the material was not propetly described, packaged, marked, 

and in the condition for stiipment as required or authorized under the ha7.ardous 

material regulations (49 C.F.R. § 171, et seq.). 

B. 49 C.F.R. § 175.3, in that Fed Ex accepted and transported a hazardous material for 

transportation by air in commerce when the material wa.<; not properly prepared for 

shipment in accordance with the hazardous material regulations. 

2 
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C. 49 CF.R. § 175.30(a)(2), in that Fed Ex accepted hazardous material for 

transportation by air in commerce when the hazardous material was not properly 

described and certified on a shipping paper in accordance with Part 172 of the Federal 

Hazardoiii Material Regulations. 

Pursuant to 49 U.S.C. §5123, Respondent is subject to a civil penalty of at least $250 but not 

more than $50,000 for each of the violations alleged. Under the facts and circumstances of this 

case, a civil penalty of $32,500 is appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative Law 

Jtidge enter an order as.sessing FedEx a civil penalty in the amotmt of $32,500. 

Respectfully submitted. 

iA^^ 

Kate Bfiiber 

Attorney 

Federal Aviation Administration 

2300 East Devon Avenue, AGL-7 

DCS Piaincs, Illinois 60018 

847/294-7862 

Fax: 847/-294-7498 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the 

Federal Aviation Regulations (14 C.F.R. Part 13). 

Th« Rules of Practice provide that Respondent must file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service. A general denial is deemed a failure to file an answer 

(Section 13.209(c)). 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has sent via Overnight Mail as follows: 

Overnight Mail Courtney B. Felts 

Stall Attorney 

Federal Express Corp. 

3620 Hacks Cross Road 

Building B, 3''' Floor 

Memphis, Tennessee 38125 

Overnight Mail 

(Original & One Copy) 

Date: fo/////i9 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Wilbur Wright Building, Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

^lilfMiJ/i. 'CO) :r:^ 

Yolanf la Quiles 

LegayTechnician 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 
Oe/03/201 0 15:5 0 FAX 2024935142 FAA * DMS 0006/00 9 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASIUNGTON, D.C. 

In The Matter of FEDERAL EXPRESS CORPORATION 

2009-GL-70-0354 

Judge Not Assigned 

NOIICE OF APPEARANCE 

Complainant, Federal Aviation Administration, hereby notifies the United States Department of 

Transportation, Office of Hearings, and the Respondent, pursuant to 14 C.F.R. §13.204(b), that it 

shall be represented in the above-stated action by the following attorney: 

Kate Barber 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

DesPlaines, Illinois 60018 

847/294-7862 

Fax: 847/294-7498 

All communications, notices, pleadings or documents are respectllilly requested to be forwarded as 

follows; 

Kate Barber 

Federal Aviation Admini.stration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

DesPlaines, Illinois 60018 

847/294-7862 

Fax: 847/294-7498 

Respectfully submiiied. 

h ^ 

Kate Barber Dated: "7 | \1 || 0 

Attorney 
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CERTIFICATE OF SERVICE 

T hereby certify that on this day copies of the foregoing Notice of Appearance were sent Overnight 

Mail as follows: 

Overnight Mail Courtney E. Felts 

Staff Attorney 

Federal Express Corp. 

3620 Hacks Cross Road 

Building B, 3"" Floor 

Memphis, Tennessee 38125 

Overnight Mail 

(Original and one Copy) 

Da..: ^JII I i n 

Federal Aviation Adminisiraiion 

800 Independence Avenue, S.W. 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Wasliington, D.C. 20591 

YoMida Quiles 

Leg6l Technician 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 
06/03/201 0 15:5 0 FAX 2024935142 FAA + DMS 21008/009 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In The Matter of FEDERAL EXPRESS CORPORATION 

2009-GL-7O-O354 

Judge Not Assigned 

NOTICE OF APPEARANCE 

Complainant, Federal .Aviation Administration, hereby notifies the United States Department of 

Transportation, Office of Hearings, and the Respondent, pursuant to 14 CF.R. §13.204(b), that it 

shall be represented in the above-stated action by the following attorney: 

Kate Barber 

Federal Aviation Admini.stration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 

847/294-7862 

Fax: 847/294-7498 

All communications, notices, pleadings or documents are respectfully requested to be forwjirded as 

follows: 

Kate BarbejFederal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 

847/294-7862 

Fax: 847/294-7498 

Respectfully submitted. 

Kate Barber Dated; 

Attorney 

: ^hlfiO 
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CERTIFICAlE OF SERVICE 

I hereby certify that on this day copies of the foregoing Notice of Appearance were sent Overnight 

Mail as follows: 

Overnight Mail Courtney E. Felts 

Staff Attorney 

Federal Express Corp. 

3620 Hacks Cross Road 

Building B, 3"* Floor 

Memphis, Tennessee 38125 

Overnight Mail 

(Original and one Copy) 

Date: f^lllhn 

Federal Aviation Administration 

800 Independence Avenue, S.W, 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Washington, D.C. 20591 

Yat^ida Quiles 

Legel Technician 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018