U.S. DEPARTMENT OF TRANSPORTATION!:''~' 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

IN THE MATTER OF: 

) 

) 

FEDERAL EXPRESS CORPORATION 

Respondent. 

The Honorable Richard C. Goodwin 

) FAA Docket No. FAA 2014-0864 

) (Civil Penalty Action) 

) 

) 

) FDMS no. 2014-0864 

) 

ANSWER OF FEDERAL EXPRESS CORPORATION 

Respondent, Federal Express Corporation, by counsel, hereby answers the Second 

Amended Complaint (hereafter "Complaint") of the Federal Aviation Administration (hereinafter 

"FAA" or "Complainant") in the like-numbered paragraphs, pursuant to Section 13.209 of the 

Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. § 13.209, and asserts as follows. 

1. Respondent admits the allegations contained in Section I of the FAA's Complaint. 

2. Respondent denies the allegations contained in Section II, paragraph 1 of the 

FAA's Complaint. 

3. Respondent admits the allegations contained in Section II, paragraph 2 of the 

FAA's Complaint. 

4. Respondent admits the allegations contained in Section II, paragraph 3 of the 

FAA's Complaint. 

5. Respondent admits the allegations contained in Section II, paragraph 4 of the 

FAA's Complaint. 
6. Respondent admits the allegations contained in Section II, paragraph 5 of the 

FAA's Complaint. 

7. Respondent admits the allegations contained in Section II, paragraph 6 of the 

FAA's Complaint. 

8. Respondent admits the allegations contained in Section II, paragraph 7 of the 

FAA's Complaint. 

9. Respondent admits the allegations contained in Section II, paragraph 8 of the 

FAA's Complaint. 

l 0. Respondent admits the allegations contained in Section II, paragraph 9 of the 

FAA's Complaint. 

II. Respondent denies the allegations contained in Section II, paragraph I 0 of the 

FAA's Complaint. Specifically, Respondent denies that it "knowingly" 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 Materials Regulations, and demands 

strict proof thereof. 

12. Respondent denies the allegations contained in Section II, paragraph II of the 

FAA's Complaint. Specifically, Respondent denies that it "knowingly" transported hazardous 

materials for transportation by air in commerce when the hazardous material was not transported 

in accordance with the applicable requirements of subchapter C, of the Department of 

Transportation Hazardous Materials Regulations, and demands strict proof thereof. 

13. Respondent denies the allegations contained in Section II, paragraph 12 of the 

FAA's Complaint. Specifically, Respondent denies that it "knowingly" 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 1 72 or as authorized 

by subpart C of part 171 of subchapter C, of the Department of Transportation Hazardous 

Materials Regulations, and demands strict proof thereof. 

14. Respondent denies the allegations contained in Section II, paragraph 13 of the 

FAA's Complaint. Specifically, Respondent denies that it "knowingly" 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 Department of Transportation Hazardous Materials Regulations, and 

demands strict proof thereof. 

15. Respondent denies the allegations contained in Section III, subparagraph (a) of 

the FAA's Complaint. Specifically, Respondent denies any and all alleged violations of section 

171.2( e) of the Department of Transportation Hazardous Materials Regulations, 49 C.P.R. 

§ 171.2(e), and demands strict proof thereof. 

16. Respondent denies the allegations contained in Section III, subparagraph (b) of 

the FAA's Complaint. Specifically, Respondent denies any and all alleged violations of section 

171.2(f) ofthe Department of Transportation Hazardous Materials Regulations, 49 C.P.R. 

§ 171.2(f), and demands strict proof thereof. 

17. Respondent denies the allegations contained in Section III, subparagraph (c) of 

the FAA's Complaint. Specifically, Respondent denies any and all alleged violations of section 

175.3 of the Department of Transportation Hazardous Materials Regulations, 49 C.P.R. § 175.3, 

and demands strict proof thereof. 
18. Respondent denies the allegations contained in Section III, subparagraph (d) of 

the FAA's Complaint. Specifically, Respondent denies any and all alleged violations of section 

175.30(a)(2) of the Department of Transportation Hazardous Materials Regulations, 49 C.P.R. 

§ 175.30(a)(2) , and demands strict proof thereof. 

19. Respondent denies the allegations contained in Section III, subparagraph (e) of 

the FAA's Complaint. Specifically, Respondent denies any and all alleged violations of section 

175.30(a)(3) of the Department of Transportation Hazardous Materials Regulations, 49 C.P.R. 

§ 175.30(a)(3), and demands strict proof thereof. 

20. Respondent denies any and all allegations in Section IV of the FAA's Complaint, 

and asserts that the penalty that the FAA seeks to impose is unduly harsh, unjust, and 

unsupported by the facts surrounding the allegations at issue in the Complaint. 

21. All other allegations not specifically addressed are denied. 

AFFIRMATIVE DEFENSES 

1. The facts set forth in the Complaint do not, as a matter of law, support a violation, 

in whole and/or in part, of the of the Department of Transportation Hazardous Materials 

Regulations. 

2. The Complainant fails to state a claim warranting the proposed penalty. 

WHEREFORE, Respondent, by counsel, respectfully requests the Chief Administrative 

Law Judge to enter an Order dismissing the Complaint with prejudice and entering judgment in 

favor of Respondent. 
Dated: December 8, 2015 

Respectfully submitted, 

Federal Express Corporation 

By:,~o~· ~~y for Respondent 

1700 Pennsylvania Ave., NW 

Suite 950 

Washington, DC 20006 

(202) 393-9285 

t,rreg.stofko@fedex.com 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing document has been sent via Federal Express to the 

following: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2Wl 000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Mr. James Archier, Complainant's Counsel 

Enforcement Division, Southwest 

F edera1 Aviation Administration 

10101 Hill wood Parkway 

Fort Worth, Texas 76177 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

F AX:202-366-7536 

Dated this 8th day of December, 2015. 

z-I.IJmney for Respondent 

1700 Pennsylvania Ave., NW 

Suite 950 

Washington, DC 20006 

(202) 393-9285 

greg.stofko@fedex.com