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") ofthe Federal Aviation Administration (hereinafter "FAA" or "Complainant") inthe like-numbered paragraphs, pursuant to Section 13.209 ofthe Rules ofPractice in FAA Civil PenaltyActions, 14 C.F.R. § 13.209, and asserts as follows. 1. Respondent admits the allegations contained in Section I ofthe FAA's Complaint. 2. Respondent denies the allegations contained in Section II, paragraph 1 ofthe FAA's Complaint. 3. Respondent admits the allegations contained in SectionII, paragraph 2 ofthe FAA's Complaint. 4. Respondent admits the allegations contained in SectionII, paragraph 3 ofthe FAA's Complaint. 5. Respondent admits the allegations contained in Section II, paragraph 4 ofthe FAA's Complaint.6. Respondent admits the allegations contained in Section II, paragraph 5 ofthe FAA's Complaint. 7. Respondent admits the allegations contained in Section II, paragraph 6 ofthe FAA's Complaint. 8. Respondent admits the allegations contained in Section II, paragraph 7 ofthe FAA's Complaint. 9. Respondent admits the allegations contained in Section II, paragraph 8 ofthe FAA's Complaint. l0. Respondent admits the allegations contained in Section II, paragraph 9 ofthe FAA's Complaint. II. Respondent denies the allegations contained in Section II, paragraph I0 ofthe FAA's Complaint. Specifically, Respondent denies that it "knowingly" accepted hazardous material for transportation by air in commerce whenthe material was not properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements ofSubchapter C, ofthe Hazardous Materials Regulations, and demands strict proofthereof. 12. Respondent denies the allegations contained in Section II, paragraph II ofthe 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 withthe applicable requirements ofsubchapter C, ofthe Department of Transportation Hazardous Materials Regulations, and demands strict proofthereof. 13. Respondent denies the allegations contained in Section II, paragraph 12 ofthe FAA's Complaint. Specifically, Respondent denies that it "knowingly" accepted hazardousmaterial 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 172 or as authorized by subpart C ofpart 171 ofsubchapter C, ofthe Department ofTransportation Hazardous Materials Regulations, and demands strict proofthereof. 14. Respondent denies the allegations contained in SectionII, paragraph 13 ofthe 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 ofpart 172 or as authorized by subpart C ofpart 171 ofsubchapter C, ofthe Department ofTransportation Hazardous Materials Regulations, and demands strict proofthereof. 15. Respondent denies the allegations contained in Section III, subparagraph (a) of the FAA's Complaint. Specifically, Respondent denies any and all alleged violations ofsection 171.2(e) ofthe Department ofTransportation Hazardous Materials Regulations, 49 C.P.R. § 171.2(e), and demands strict proofthereof. 16. Respondent denies the allegations contained in Section III, subparagraph (b) of the FAA's Complaint. Specifically, Respondent denies any and all alleged violations ofsection 171.2(f) ofthe Department ofTransportation Hazardous Materials Regulations, 49 C.P.R. § 171.2(f), and demands strict proofthereof. 17. Respondent denies the allegations contained in Section III, subparagraph (c) of the FAA's Complaint. Specifically, Respondent denies any and all alleged violations ofsection 175.3 ofthe Department ofTransportation Hazardous Materials Regulations, 49 C.P.R. 

### § 175.3, and demands strict proofthereof.18. Respondent denies the allegations contained in Section III, subparagraph (d) of the FAA's Complaint. Specifically, Respondent denies any and all alleged violations ofsection 175.30(a)(2) ofthe Department ofTransportation Hazardous Materials Regulations, 49 C.P.R. § 175.30(a)(2) , and demands strict proofthereof. 19. Respondent denies the allegations contained in Section III, subparagraph (e) of the FAA's Complaint. Specifically, Respondent denies any and all alleged violations ofsection 175.30(a)(3) ofthe Department ofTransportation Hazardous Materials Regulations, 49 C.P.R. 

### § 175.30(a)(3), and demands strict proofthereof. 20. Respondent denies any and all allegations in Section IV ofthe FAA's Complaint, and asserts that the penaltythat 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 oflaw, support a violation, inwhole and/or in part, ofthe ofthe Department ofTransportation Hazardous Materials Regulations. 2. The Complainant fails to state a claim warranting the proposed penalty.

WHEREFORE, Respondent, by counsel, respectfully requests the ChiefAdministrative LawJudge to enter an Order dismissing the Complaint with prejudice and enteringjudgment in favor ofRespondent.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.comCERTIFICATE 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 2Wl000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Mr. James Archier, Complainant's Counsel Enforcement Division, Southwest Federa1 Aviation Administration 10101 Hillwood Parkway Fort Worth, Texas 76177 The Honorable Richard C. Goodwin, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX:202-366-7536

Dated this 8th day ofDecember, 2015.

z-I.IJmney for Respondent 1700 Pennsylvania Ave., NW Suite 950 Washington, DC 20006 (202) 393-9285 greg.stofko@fedex.com