U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASIDNGTON, DC 

FEDERAL AVIATION ADMINISTRATION, } 

Complainant, } 

} 

~ } 

} 

FISHER SCIENTIFIC COMPANY, LLC, } 

Respondent. } 

In the Matter ofFisher 

Scientific Company, LLC 

Docket No. FAA-2015-1321 

(Civil Penalty Action) 

Judge Rawald 

NOTICE OF 

INTERLOCUTORY APPEAL 

OF RIGHT 

Please take NOTICE that Respondent Fisher Scientific Company, LLC, a subsidiary of Thermo 

Fisher Scientific, Inc., (hereinafter referred to as "Fisher") hereby files, pursuant to Rule 219( c) 

of the FAA's Rules of Practice ("Rules"), 14 C.F.R. Sec.§ 13.219(c), an interlocutory appeal of 

right based on the Administrative Law Judge's failure to dismiss the proceedings in accordance 

with Rule 215, 14 C.F.R. Sec. § 13.215. 

Rule 219( c) provides, in pertinent part, the following: "If a party notifies the administrative law 

judge of an interlocutory appeal of right, the proceedings are stayed until the FAA decision 

maker issues a decision on the interlocutory appeal." !d. (emphasis supplied). 

Please take further NOTICE that Respondent requests a copy of the transcript of the ?rehearing 

Conference that the administrative law judge convened on October 4, 2016, without the 

appearance by or attendance of any counsel of record for Complainant. It will be crucial for 

Respondent to receive the transcript no later than October 10, 2016, to enable Respondent to 

quote from it, provide a copy of it and otherwise to file with the FAA decision maker on a timely 

basis the supporting documents required under Rule 219( d). 
WHEREFORE, Respondent respectfully requests the administrative law judge to stay all further 

proceedings in this matter and, if necessary, the agency decision-maker to issue an order that the 

administrative law judge comply with the prohibition on further proceedings as required by Rule 

219(c), 14 C.F.R. § 13.219(c). 

Dated: October 4, 2016 

. Cox, Esq. 1 

2050 Jamieson Ave., Suite 1212 

Alexandria, VA 22314 

(email) jcoxla!;potcnnacstratet(Yas.sociates.cc 

(tel) 703-757-5866 

Counsel for Thermo Fisher Scientific, Inc., and 

Fisher Scientific Co., LLC 
CERTIFICATE OF SERVICE 

On October 4, 2016, the undersigned sent by the indicated type( s) of service at least one copy of 

the foregoing Notice on each of the persons listed below. 

D [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-31 0) 

Washington, DC 20590 

D [Original+ One Copy by Hand] 

Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

Wilbur Wright Bldg., Suite 2Wl 000 

600 Independence Ave., S.W. 

Washington, DC 20591 

00 [One Copy by Air Courier] 

Andrea Michelle Harper, Esq. 

Senior Attorney 

Regional Counsel, AS0-7 

U.S. Department of Transportation 

Federal Aviation Administration 

Southern Region 

1701 ColurnbiaAve. 

College Park, GA 30337 

0 [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, DC 20590 

00 [Original+ Two Copies by Air Courier] 

Federal Aviation Administration 

800 Independence Ave., S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

D [One Copy by U.S. 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 

Jerry w: C:px, Esq. / 

I'