U.S. Department 

of Transportation 

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 0 5 2015 

HEARING DOCKET 

,~0\t:)- ~?J.::2-\ 

Re: In the Matter of Fisher Scientific Company, L.L.C.; FAA Case No. 2011S0700457 

Enclosed herewith please fmd a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Atlanta, Georgia, and expects that 

the hearing will last three days. 

Please address all communications for the FAA to the undersigned at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

1701 ColumbiaAvenue 

College Park, GA 30337 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely~ 

WILLIAM VINES 

Attorney 

Office of the Regional Counsel 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

Civil Penalty Case No. 2011S0700457 

REQUEST FOR A HEARING 

Pursuant to 49 C.F.R. Sec. 13.16(g)(2)(ii) and (h), Thermo Fisher Scientific, Inc., the 

Respondent in the above-captioned case, by and through the 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 

On May 28, 2015, the undersigned sent by electronic mail and by air courier one copy of the 

···-···-----RequesHor a Hearing to each of the persons listed below. 

William Vines, Esq. 

Office of Regional Counsel 

U.S. Department of Transportation 

Federal Aviation Administration 

Southern Region 

1701 Columbia Ave. 

College Park, GA 30337 

Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

Wilbur Wright Bldg., Suite 2Wl 000 

600 Independence Ave., S.W. 

Washington, DC 20591 

Jerry V(. 

j 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION REcEIvE 0 

JUN 0 5 2015 

FEDERAL AVIATION ADMINISTRATION, HEARING DOCKET 

Complainant, 

vs. FAA Docket No. 

JUDGE NOT YET ASSIGNED 

FISHER SCIENTIFIC COMPANY, L.L.C. 

Respondent. 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (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 of Proposed 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, Genova Diagnostics, 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 of the 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 of hazardous material for transportation by air and 

failed to use a means of containing the liquid in the form of a leakproof liner, plastic 

bag or other equally efficient means of containment. 

8. Fisher offered the shipment of hazardous materials for transportation by air and failed 

to package it so there would be no identifiable release of hazardous material to the 

environment. 

9. Fisher offered the shipment of hazardous materials for transportation by air and failed 

to ensure the closure was secure and leakproof. 

10. By reason of the above, Fisher violated the following Department of Transportation 

Hazardous Materials Regulations (Title 49 of the Code of Federal 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 that under conditions normally incident to transportation, there would be no 

identifiable release of hazardous 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 of hazardous materials to the environment from the 

opening to which the 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 of containing the liquid 

in the event of a leakage must be provided in the form of a 
leakproof liner, 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 of Transportation Hazardous Materials Regulations. 

Under the facts and circumstances of this case, a civil penalty of $5,850 is appropriate. This 

amount includes consideration of the Respondent's timely corrective action. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of$5,850. 

day of June, 2015. 

Attorney 

Office of the 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 if appropriate, not later than 30 days after the 

date shown on the Certificate of Service which follows. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Federal 

Express, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl 000 

Wilbur Wright Building 

600 Independence Avenue, SW 

Washington, DC 20591 

President 

Fisher Scientific Company, L.L.C. 

6722 Bickmore Avenue 

Chino, CA 91708 

JerryW. Cox 

Potomac Strategy Associates 

2729 Gallows Road, Apt. 401 

Vienna, VA22180-7161 

Dated 

(original+ 1 copy)