U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, 

### Complainant,

v. FAADocketNo. 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 AviationAdministration ("FAA") and timely filed a Request for a Hearing. With respectto each ofthe numbered paragraphs inPartII ofthe Complaint, Fisher states the following: 1. Fisher admits that, through the services ofUnited Parcel Service, it knowingly shipped and properly declared and labeled a package that complied in every respect with all applicable regulations governing the transportation ofhazardous materials. 2. Fisher admits the allegations inParagraph 2 ofthe Complaint. 3. Fisher denies the allegations in Paragraph 3 ofthe Complaint. 4. Fisher admits that the package referenced in Paragraph 1 above contained a one-liter plastic bottle ofa sodium hydroxide solution, commonly knowu as "lye," with a screwtype cap. Fisher denies thatthe package included any friction closures. 5. Fisher admits the allegations in Paragraph 5 ofthe Complaint. 6. Fisher denies the allegations in Paragraph 6 ofthe Complaint. 7. Fisher admits it offered the package referenced in Paragraph 1 above for transportation by air but denies all other allegations inParagraph 7 ofthe Complaint.

ANSWERil8. Fisher admits it offered the package referenced in Paragraph 1 above for transportation by air but denies all other allegations inParagraph 8 ofthe 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 ofthe Complaint. 10. Fisher denies each and every allegation inParagraph 10 ofthe Complaint. Fisher further denies all allegations inthe Complaintthat are not explicitly admitted above. II. DEFENSES FirstDefense FAA has constructively withdrawn the Complaintby repeatedly failing to comply with the Rules ofPractice (14 C.F.R. § 13.201 etseq.), Rule 11 ofthe Federal Rules ofCivil Procedure and withthe Orders ofthe Administrative LawJudge. SecondDeftnse The Complaint is barred by the two-year statute oflimitations established by Rule 208(d) (14 C.F.R. § 13.208(d)). ThirdDeftnse The Complaint is rendered moot by the five-year statute oflimitations 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 ofcrucialphysical evidence have prejudiced Fisher's ability to defend againstthe Complaint and otherwise violatedthe Due Process Clause ofthe 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.

ANSWERj2CERTIFICATE OF SERVICE On December 13, 2016, the undersigned sent bythe indicated type(s) ofservice at least one copy ofthe foregoing Answer oneach ofthe persons listed below. 0 [One Copy by U.S. Certified Mail] The Hon. Douglas M. Rawald Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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 ofTransportation Federal Aviation Administration Southern Region 1701 Columbia Ave. College Park, GA 30337

" 

### . ox, sqmre ·esonAvenue, Suite 1212 Alexandria, Virginia22314 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 ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey 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 ofTransportation Federal AviationAdministration Southern Region P.O. Box20636 College Park, GA 30320

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