U.S. Department ofTransportation Federal Aviation Administration 

## 'JUN ::;:,4 20151 FEDERAL EXPRESS Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur Wright Building 600 Independence Avenue, SW Washington, DC 20591 Southern Region Office of the Regional Counsel P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 ( 404) 305-5223 FAX 

# RECEIVED JUN 05 2015 HEARING DOCKET

# ,~0\t:)-**~?J.::2-\** Re: In the Matter ofFisher Scientific Company, L.L.C.; FAA CaseNo. 2011S0700457 Enclosed herewith please fmd a copy ofa request for hearing and the original and one copy of the Complaintinthe above-referencedproceeding. TheFAA requests thatthe hearing inthis matter be held inthe Atlanta, Georgia, and expects that the hearing will lastthree days. Please address all communications for the FAAto the undersigned at: Federal AviationAdministration Office ofthe Regional Counsel, ASO-7 SouthernRegion 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223.**Sincerely~**

WILLIAM VINES Attorney Office ofthe Regional Counsel EnclosuresU.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION CivilPenalty CaseNo. 2011S0700457

REQUESTFORA HEARING Pursuantto 49 C.F.R. Sec. 13.16(g)(2)(ii) and (h), Thermo Fisher Scientific, Inc., the Respondentinthe above-captioned case, by and throughthe undersigned counsel, requests a hearing.

# F~ECEfVED JUN C 

### 5 2015 

## HEARING DOCKET Vienna, VA (email) (tel) 703-757-5866 Counsel for Thermo Fisher Scientific, Inc.

CERTIFICATE OF SERVICE OnMay 28, 2015, the undersigned sent by electronic mail andby air courier one copy ofthe ···-···-----RequesHora Hearingto each ofthepersons listedbelow. WilliamVines, Esq. Office ofRegional Counsel U.S. Department ofTransportation Federal AviationAdministration SouthernRegion 1701 ColumbiaAve. College Park, GA 30337 Hearing Docket Clerk, AGC-430 Federal Aviation Administration Wilbur Wright Bldg., Suite 2Wl000 600 Independence Ave., S.W. Washington, DC 20591

Jerry 

### V(. 

## jU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

# REcEIvE0 JUN 05 2015 FEDERAL AVIATION ADMINISTRATION, 

## HEARING DOCKET Complainant,

vs. FAA DocketNo. JUDGE NOT YET ASSIGNED FISHER SCIENTIFIC COMPANY, L.L.C. Respondent.

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. On May 18, 2015, Respondent, Fisher Scientific Company, LLC was advised through a Final Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$6,500. On June 1, 2015, the Agency Attorney received a written request for a hearing from the Respondent. II.**_l~_On_or_ab_QuLluLy_2_Q,_2011,** Fisher Scientific Comnany.**L.L.C~("Fisher")** knowingly_

___ _ offered to I!nited Parcel Service (TIPS) a one niece shinment consisting of a specification fiberboard box containing hazardous materials for transportation by air. 2. The above-mentioned shipment, assigned UPS tracking number/air waybill number 1Z9V34911325638264, was offered by Fisher for next day air transportation to the consignee, GenovaDiagnostics, 63 Zillicoa Street, Asheville, NC 28801. 3. On or about July 21, 2011, ground handling personnel at the UPS sort facility discovered the above-mentioned shipment leaking. 4. The above-mentioned specification fiberboard box contained a one 1-liter plastic bottle (with friction or screw-type cap) of "Acros Sodium Hydroxide lN Standard Solution."5. (a) "Acros Sodium Hydroxide IN Standard Solution" is classified as a hazardous material under the Department of Transportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 172.101). (b) The proper shipping name ofthe material is sodium hydroxide solution. It is in Hazard Class 8 (Corrosive Liquid), Packing Group II, and has an assigned identification number ofUN1824. · 6. Further investigation showed that approximately 2 ounces of the above-described material had leaked into and through the fiberboard container. 7. Fisher offered the above shipment ofhazardous material for transportation by air and failed to use a means ofcontaining the liquid in the form ofa leakproofliner, plastic bag or other equally efficient means ofcontainment. 8. Fisher offered the shipment ofhazardous materials for transportationby air and failed to package it so there would be no identifiable release ofhazardous material to the environment. 9. Fisher offered the shipment ofhazardous materials for transportation by air and failed to ensure the closure was secure and leakproof. 10. By reason ofthe above, Fisher violated the following Department ofTransportation Hazardous Materials Regulations (Title 49 ofthe Code ofFederal Regulations):

a. Section 173.24(b)(l) in that Fisher failed to use a package which was designed, constructed, maintained, filled, its contents so limited, and closed, so thatunder conditions normally incident to transportation, there would be no identifiable release ofhazardous material to the environment. b. Section 173.24(±)(1) in that Fisher failed to use a package which had closures so designed and closed that under conditions (including the effects of temperature and vibration) normally incident to transportation, (i) there would be no identifiable release ofhazardous materials to the environment from the opening to whichthe closure was applied, and (ii) the closure would be secure and leakproof.

c. Section 173.27(e) in that Fisher failed to ensure that except as otherwise provided in this subchapter, a package containing liquids hazardous materials in Class 3, 4, or 8, or Division 5.1, 5.2 or 6.1 that are packaged and offered for transport in glass, earthenware, plastic, or metal inner packagings were packaged with absorbent materials as follows:

... (3)When absorbent materials are required and the outer packaging is not liquid tight, a means ofcontaining the liquid in the event of a leakage must be provided in the form of aleakproofliner, plastic bag or other equally efficient means of containment Pursuant to 49 U.S.C. Section 5123(a), Fisher Scientific Co., L.L.C. is subject to a civil penalty not lower than $250 ($450 for training-related violations), nor greater than $75,000 ($175,000 if death, serious illness, severe injury, or substantial property damage results), for each violation of the Department ofTransportationHazardous Materials Regulations. Under the facts and circumstances of this case, a civil penalty of $5,850 is appropriate. This amount includes consideration ofthe Respondent's timely corrective action. WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an orderthat Respondentbe assessed a civil penalty inthe amount of$5,850.

day ofJune, 2015.

Attorney Office ofthe Regional Counsel

PLEASE NOTE: Pursuant to Title 14 CPR Section 13.209(a), the Respondent is required to file a written answer to this Complaint, or a written Motion to Dismiss ifappropriate, not later than 30 days after the date shown onthe Certificate ofService which follows.CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complainthas been mailedthis date by Federal Express, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 600 Independence Avenue, SW Washington, DC 20591 President Fisher Scientific Company, L.L.C. 6722 Bickmore Avenue Chino, CA91708 JerryW. Cox Potomac Strategy Associates 2729 Gallows Road, Apt. 401 Vienna, VA22180-7161

Dated (original+ 1copy)