11/15/201 0 15:3 3 FAX 202493514 2 F/^A * DMS 0001/004 

:EFARTfv^ENT OF 

/ANSPORWION 

v.<t T OPERATIONS 

UNITliD STATHS DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINlSTRATfON ~m H'! !5 P 3: 35 

FEDERAL EXPRESS CORPORAIION ) FAA Case No. 2008NM7()0I27 

) 

) 

RESPONDENT'S ANSWER I P COMPLAINT AND 

STATEMENT OF AFFIRMATIVE DEFENSES 

Respondcni FEDERAL EXPRESS CORPORATION hereby answers, by counsel, 

the Complaint liled in this proceeding by Regional Counsel to the Federal Aviation 

Administration, and sets forth affirmative defenses lo this civil penalty claim, l-'ollowing 

the numbering of the sections in the Complaint: 

I 

1. The allegations contained in Section I of the Complaint are admitted. 

II 

2. It is denied that FEDERAL EXPRESS CORI^ORATJON regularly offers 

hazardous material (HAZMAT). The remaining allegations contained in 

Section II (1) of the Complaint are admitted. 

3. The allegations contained in Section II (2) of tlie Complaint are admitted. 

4. The allegations contained in Section II (3) of the Complaint arc admitted. 

5. The allegations contained in Section II (4) ofthe Complaint are admitted. 
11/15/201 0 15:3 3 FAX 202493514 2 FAA + DMS 12002/004 

6. The allegations contained in Section II (5) ofthe Complaint arc admitted. 

7. The Allegations contained in Section II (6) ofthe Complaint are admitted, with 

the exception ofthe allegation that the shipment was loaded on to a Corf>oratc 

Air airciaft, which is denied. 

8. 'Ihc allegations contained in Section TT (7) ofthe Complaint are admitted. 

9. The allegations contained in Section II (8) oJ~ the Complaint are admitted. 

10. The allegations contained in Section II (9) ofthe Complaim arc admitted. 

11. The Respondent is without sufficient information to either admit or deny the 

allegations contained Section TT (10) of the Complaint. They -Arc therefore 

denied. 

12. The Re.spondent is without sufficient information to either admit or deny the 

allegations contained in Section IT (11) of the Complaint. They are therefore 

denied. 

13. The allegations contained in Section 11(12) ofthe Complaint are admitted. 

14. The allegations contained in Section II (13) ofthe Complaint arc admitted. 

15. The allegations contained in Section TI (14) of the Complaint are admitted, but 

it is denied that this allegation is relevant to the case. 
TAA + rWi'i 01003/004 

11/15/2010 15:33 FAX 2024935142 FAA * DM^ '^ ' 

16. fhe Respondent is without information sufficient to either admit or deny the 

allegations contained in Section II (1.5) ofthe Complaint. They are therefore 

denied. 

17. The Respondent is without information sufficient to either admit or deny the 

allegations contained in Section 11 (16) ofthe Complaint. They are therefore 

denied. 

18. The allegations contained in Section 11 (17) ofthe Complaint are admitted. 

Ill 

19. The allegations contained in Section III 1 (a)-(e) ofthe Complaint arc denied. 

20. The allegations contained in Section III (2) (3) ofthe Complaint are denied. 

21. All other allegations not specifically addressed arc hereby denied. 

RESPONDENT\S STATEMENT OF AFFIRMATIVE DEFENSES 

1 - The Complaint fails to stale a claim wananting the proposed penalty. 

2. The Complaint fails to state a claim upon which relief may be granted. 

Wherefore, Respondent, FEDERAL EXPRESS CORPORATION, respectfully requests 

that judgment be entered in its favor, and that the Complaint and civil penalty of the 

Federal Aviation Administration be dismissed with prejudice. 

This I day of November, 2010. 

I :L 
11/15/2010 15:33 FAX 2024935142 FAA + DMS [i004/004 

Cynthia Chandler-^Snell 

Senior Attorney - Regulatory Affairs 

Federal Express Coiporation 

3620 Hacks Cross Road 

Building 3.3"^ Floor 

Memphis, TN 38125 

(901)434-8361 

(901) 434-8283 FAX 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Answer has been sent via Priority Overniglit on 

this, the q day of November, 2010 to: 

Federal Aviation Admini.stration 

800 Independence Avenue, SW 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

Attn: Hearing Docket Cleric, AGC-430 

Mr. Scott Morris, Attorney 

Federal Aviation Administration 

Office ofthe Regional Coimsel (ANM-7) 

1601 Lind Ave., S.W. 

Renton, WA 98057 

ynthia Chandler-Snell