U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

v. 

FAA Docket No. FAA-2015-1321 

(Civil Penalty Action) 

FISHER SCIENTIFIC COMPANY, L.L.C., 

Respondent. 

Judge Rawald 

ANSWER 

Fisher Scientific Company, L.L.C., ("Fisher") by counsel, hereby files its Answer, 

pursuant to Rule 209 of the FAA Rules of Practice (14 C.F .R. § 13.209), and states the 

following: 

I. ADMISSIONS AND DENIALS 

With respect to Part I of the Complaint, Fisher admits it received a Final Notice of 

Proposed Civil Penalty from the Office of the Southern Regional Counsel of the Federal 

Aviation Administration ("FAA") and timely filed a Request for a Hearing. 

With respect to each of the numbered paragraphs in Part II of the Complaint, Fisher states 

the following: 

1. Fisher admits that, through the services of United Parcel Service, it knowingly shipped 

and properly declared and labeled a package that complied in every respect with all 

applicable regulations governing the transportation of hazardous materials. 

2. Fisher admits the allegations in Paragraph 2 of the Complaint. 

3. Fisher denies the allegations in Paragraph 3 of the Complaint. 

4. Fisher admits that the package referenced in Paragraph 1 above contained a one-liter 

plastic bottle of a sodium hydroxide solution, commonly knowu as "lye," with a screwtype cap. Fisher denies that the package included any friction closures. 

5. Fisher admits the allegations in Paragraph 5 of the Complaint. 

6. Fisher denies the allegations in Paragraph 6 of the Complaint. 

7. Fisher admits it offered the package referenced in Paragraph 1 above for transportation 

by air but denies all other allegations in Paragraph 7 of the Complaint. 

ANSWERil 
8. Fisher admits it offered the package referenced in Paragraph 1 above for transportation 

by air but denies all other allegations in Paragraph 8 of the Complaint. 

9. Fisher admits it offered the package referenced in Paragraph 1 above for transportation 

by air but denies all other allegations in Paragraph 9 of the Complaint. 

10. Fisher denies each and every allegation in Paragraph 10 of the Complaint. 

Fisher further denies all allegations in the Complaint that are not explicitly admitted above. 

II. DEFENSES 

First Defense 

FAA has constructively withdrawn the Complaint by repeatedly failing to comply with 

the Rules of Practice (14 C.F.R. § 13.201 et seq.), Rule 11 of the Federal Rules of Civil 

Procedure and with the Orders of the Administrative Law Judge. 

Second Deftnse 

The Complaint is barred by the two-year statute oflimitations established by Rule 208( d) 

(14 C.F.R. § 13.208(d)). 

Third Deftnse 

The Complaint is rendered moot by the five-year statute of limitations established by 28 

U.S.C. § 2462. 

Fourth Defense 

FAA has not stated a legally sufficient claim because it failed to allege that Fisher 

knowingly committed any act that violated the federal Hazardous Materials Regulations or any 

other legal requirement. 

Fifth Defense 

FAA's inexcusable delays and destruction of crucial physical evidence have prejudiced 

Fisher's ability to defend against the Complaint and otherwise violated the Due Process Clause 

of the U.S. Constitution. 

, Esqutre Dated: December 13,2016 

amieson Avem.ie, Suite 1212 

Alexandria, Virginia 22314 

Email: jcox@potomacstrategyassociates.com 

Telephone: (703) 757-5866 

Counsel for Thermo Fisher Scientific, Inc. & Fisher Scientific Co., L.L.C. 

ANSWERj2 
CERTIFICATE OF SERVICE 

On December 13, 2016, the undersigned sent by the indicated type(s) of service at least 

one copy of the foregoing Answer on each of the persons listed below. 

0 [One Copy by U.S. Certified Mail] 

The Hon. Douglas M. Rawald 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. (Ell-310) 

Washington, D.C. 20590 

0 [Original + One Copy by Hand] 

Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

Wilbur Wright Bldg., Suite 2WIOOO 

600 Independence Ave., S.W. 

Washington, D.C. 20591 

ll9 [One Copy by Air Courier] 

Michelle Harper, Esq. 

Regional Counsel, AS0-7 

U.S. Department of Transportation 

Federal Aviation Administration 

Southern Region 

1701 Columbia Ave. 

College Park, GA 30337 

" . ox, sqmre 

·eson Avenue, Suite 1212 

Alexandria, Virginia 22314 

Email: jcox@potomacstrategyassociates.com 

Telephone: (703) 757-5866 

Counsel for Thermo Fisher Scientific, Inc. & 

Fisher Scientific Co., L.L.C. 

ll9 [One Copy by Air Courier] 

The Hon. Douglas M. Rawald 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. (Ell-310) 

Washington, D.C. 20590 

ll9 [Original+ One Copy by Air Courier] 

Federal Aviation Administration 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

0 [One Copy by U.S. Postal Mail] 

Michelle Harper, Esq. 

Regional Counsel, AS0-7 

U.S. Department of Transportation 

Federal Aviation Administration 

Southern Region 

P.O. Box 20636 

College Park, GA 30320 

Date ~ · 

ANSWERI3