U.S. DEPARTMENT OF TRANSPORTATION ~ 

OFFICE OF HEARINGS 

WASHINGTON, DC 

FEDERAL AVIATION ADMINISTRATION, } 

Complainant, } 

} 

v. } 

} 

FISHER SCIENTIFIC COMPANY, LLC, } 

Respondent. } 

In the Matter of Fisher 

Scientific Company, LLC 

Docket No. FAA-2015-1321 

(Civil Penalty Action) 

Judge Rawald 

MEMORANDUM AND EXHIBITS IN SUPPORT OF 

FISHER SCIENTIFIC REQUEST FOR AN EXTENSION OF TIME 

TO RESPOND TO ORDER SIGNED MAY 17, 2016 

On June 3, 2016, Respondent Fisher Scientific finally received the service copy of the Order 

Judge Rawald signed on May 17, 2016. That was two days after the reply date the Judge set. In 

view of the pathetic condition of the envelope in which it arrived, it is a miracle that 

Respondent's counsel received it at all. 

The photograph in Attachment 1 shows that the envelope bearing the Order was postmarked as 

regular mail the day cifter the service date indicated on the Order, then postmarked again on June 

1, the day Respondent's reply would have been due. One can only speculate about the condition 

of the envelope when it was first mailed, but even at the second mailing it was addressed in a 

manner designed for it NOT to be delivered. The street address of the undersigned was scissored 

roughly out of a piece of copy paper and barely attached to the envelope. Attachment 2 shows 

the address dangling precariously. Attachment 3 shows the slip was insecurely affixed with a 

glue stick and that no glue was applied to at least the left% of an inch, which would guarantee 

that the envelope could only be processed by hand. 

Such improper preparation would likely have been noticed and corrected if service had been sent 

in accordance with the unequivocally stated requirements of the FAA's Rules of Practice. 
Memorandum & Exhibits of Fisher Scientific 

Lawful types of service include either "personal delivery or by mail," 14 C.F.R. Sec. 13.2ll(b ), 

but "mail includes U.S. certified mail, U.S. registered mail or use of an overnight express courier 

service." I d. Sec. 13.203. "Mail" does not include regular postal mail. These Rules of Practice 

expressly obligate any "person [who] ... shall serve ... any document filed with the [FAA] 

Hearing Docket." !d. Sec. 13.211(a). 

Respondent must also report that documents filed in the above-captioned proceeding have NOT 

been timely posted with other docket items online at "regulations.gov." For example, the 

pleading Respondent filed December 21, 2015- seven months ago- still is not available there. 

(Another copy is enclosed for the Judge's convenience.) 

WHEREFORE, Respondent requests an extension to June 14,2016, to attempt once again to 

obtain from FAA the information identified in Judge Rawald's Orders dated April 6 and May 17, 

2016. 

Respectfully submitted, 

JerJ 1 . C , sq. 

2 i5kJ Jamieson Ave., Suite 1212 

Alexandria, VA 22314 

(email) jc..Q:X:@JlQ!QJil.i!<::.il!IJi!W asso<:;L'l1.~.S.QJil 

(tel) 703-757-5866 

Counsel for Thermo Fisher Scientific, Inc., and 

Fisher Scientific Co., LLC 

2 
Memorandum & Exhibits of Fisher Scientific 

CERTIFICATE OF SERVICE 

On June 7, 2016, the undersigned sent by the indicated type(s) of service at least one copy of the 

foregoing Memorandum to each of the persons listed below. 

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

The Han. Douglas M. Rawald 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

D [Original +One Copy by Hand] 

[Original Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

Wilbur Wright Bldg., Suite 2W1000 

600 Independence Ave., S.W. 

Washington, DC 20591 

00 [One Copy by Air Courier] 

Andrea Michelle Harper, Esq. 

Senior Attorney 

Regional Counsel, ASO-7 

U.S. Department of Transportation 

Federal Aviation Administration 

Southern Region 

1701 Columbia Ave. 

College Park, GA 30337 

0 [One Copy by air courier] 

The Han. Douglas M. Rawald 

Office ofHearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

0[0riginal +One Copy by Air Courier] 

Federal Aviation Administration 

800 Independence Ave., S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

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

Andrea Michelle Harper, Esq. 

Senior Attorney 

Office of the Chief Counsel 

Enforcement Division, Southern Team 

U.S. Department of Transportation 

Federal Aviation Administration 

Southern Region 

P.O. Box 20636 

Atlanta, GA 30320 

And by email to michelle.harper@faa.gov 

3 
ATTACHMENT 1 

ATTACHMENT 2 

ATTACHMENT 3