Suppose that Wells Fargo, the nation’s fourth largest financial services company by assets, claimed that it should be regulated not as a financial institution, but as a stagecoach service -- because that is how it was originally founded. As ridiculous as such an assertion is, it is essentially the argument that FedEx Express uses regarding its delivery service -- and one it has gotten away with for years. The FedEx argument goes like this: it is an airline because it was initially founded as an airline thirty-six years ago, denying that fundamental aspects of its business have changed over the years. Carrying its argument one step further, it then asserts that its FedEx Express delivery truck drivers are, in fact, airline employees engaging in airline activities and that 85% of its packages are delivered by air! Maybe they should be called “truck pilots.” Perhaps one has even landed his truck in your driveway. The truth is that 100% of all FedEx packages are delivered by truck Companies engaged in the same industry and performing the same service should be subject to the same law. A truck driver is a truck driver. Not even a federal loophole can make them aviators.