COMPASS SYSTEMS & SALES, INC. 5185 New Haven Circle NW Barberton, Ohio 44203 July 14, 2015 Hearing Docket Federal Aviation Administration 

### BOO Independence Avenue SW Washington DC, 20591 Attention: Hearing Docket Clerk AGC-430 Wilbur Wright Building-Suite 2W1 000
RE: Final Notice of Proposed Civil Penalty AGL-7H 2014-GL-70-0239 Dear Sir/Madam: 

# RECEIVED JUL 15 2015 

## HEARING DOCKET

Enclosed herein please find copies of the Final Notice of Proposed Civil Penalty and Notice of Proposed Civil Penalty. Compass Systems & Sales, Inc. hereby designates Stuart 

### A. Strasfeld, Esq., Roth, Blair, Roberts, Strasfeld & Lodge, 100 E. Federal Street, Suite 600, Youngstown, Ohio 44503, to receive documents in the civil penalty action. Compass Systems & Sales, Inc. respectfully requests a hearing on these charges. Specifically, Compass Systems & Sales, Inc. did not knowingly and intentionally offer an undeclared hazardous materials shipment for transportation by air to United Parcel Service, Compass Systems is aware that it cannot ship paint or aerosols by air without being registered to do so. Furthermore, Compass Systems is aware that when shipped by ground transportation, the packages must be labeled with a limited quantity symbol. What happened in this situation was that a shipment was initially slated to ship by UPS Ground but was inadvertently changed at the last minute when the customer demanded overnight delivery. As soon as Compass Systems realized what had occurred, a request for the return of the package was made by Compass Systems to UPS. Compass Systems recognizes its responsibilities when shipping hazardous materials.

cc: Brian K. Kahn, Esq. Federal Aviation Administration Office of Regional Counsel 2300 E. Devon Avenue (AGL-7, Rm 479) Des Plaines, IL 60018 Very truly yours,U.S. Department ofTransportation Federal Aviation Administration 

### July 7, 2015

Inreply Refer to: AGL-7H 2014-GL-70-0239 

## JUL 15 2015 HEARING DOCKET Great Lakes Region 2300 East Devon Avenue Des Plaines, Illinois 60018

(847) 294-7652

VIA REGULAR AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

### President Compass Systems & 

### Sales, LLC c/o Mr. 

### Stuart Strasfeld, Esq. Roth Blair City Centre One 100 East Federal Street, Suite 600 Youngstown, OH 44503-1893 FINAL NOTICE OF PROPOSED CIVIL PENALTY 

### You were advised through aNotice ofProposed Civil Penalty, dated October 15, 2014, ihatthe FAA proposed to assess a civil penalty inthe amountof$58,350. Afterconsidering all the evidence inthis matter, it appears ihat 1. 

### On oraboutJune 23, 2014, Compass Systems Sales, Inc. (Compass Systems) knowingly offered anundeclared hazardous materials shipment fortransportationby 

### airto United Parcel Service (UPS) undertracking number 1Z7 A464V014085968 (the shipment). 2. The shipmentwas offeredfor 

### airtransportationfrom Compass Systems and Sales, Inc., 5185 NewHaven Circle, Norton, OH 44203 to 

### International Paper, 2826 US 41 North, Henderson, KY42420. 3. The shipmentwas discoveredbyUPS personnel attheir Wadsworth, Ohio sorting fucility. Uponfurther investigationitwas discovered 

### thatthe package containedhazardous materials. 4. The shipmentcontainedtwo, sixteen ounce aerosol cans ofMasterBlend spraypaint The proper shipping name for this hazardous material is 

### UN1950, Aerosols, flammable, Class 2.1. 5. The material within the shipment was classified as hazardous materials under Section 172.101 ofthe Hazardous Materials Regulations. 16. This hazardous materials shipment

### was not described, packed, marked orlabeled as containing hazardous material orintheproper conditionfurtransport according to the Hazardous Material Regulations. 7. The shipment of theha=dousmaterial was processedandpreparedby anemployee of Compass Systems that didnotreceive the requiredha=dousmaterialtraining. 8. At all times mentioned herein, the shipment was not accompanied by a Shipper's Declaration for Dangerous Goods. 9. Compass Systems offered the above-described hazardous material shipment for transportation by air when there were no shippingpapers containing the proper shipping name ofeach hazardous material; the hazard class ofeach hazardous material, preceded by "UN" or "NA," as applicable; the total quantity by weight or volume ofeach hazardous material covered by the description; and the basic description ofeach hazardous material shown in sequence. 10. Compass Systems offered the above-described hazardous material for transportation by air whenthe shipment was not marked or labeled in any manner that would indicate the hazardous nature ofthe contents contained therein. 11. Compass Systems offered the above-described hazardous material shipment for transportation by air when the shipment was not marked with the proper shipping name and the assigned identification number ofeachhazardous material contained therein, and with the required marking in English and printed on or affixed to the surface ofthe package. 12. Compass Systems offered the above-described hazardous material shipment for transportation by air and did not provide emergency response information in accordance with the regulations. 13. Compass Systems employees performed hazardous material shipping functions when they had not received the required hazardous materials employee training. By reason ofthe above, it appears that Compass Systems violated the following Department ofTransportation Hazardous Materials Regulations: a) 

### 49 CFR 

### § 171.2( e), inthat no person may offer or accept a hazardous material for transportation in commerce unless the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements ofthis subchapter or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A ofthis chapter. b) 49 

### CFR 

### § 172.200(a), in that Compass Systems offered a hazardous material for transportation by air and did not properly describe thatmaterial on the shipping paper.

2c) 49 CFR § 172.204(a), in that Compass Systems offered a hazardous material for transportation by air and did not certifY thatthe material for transportation was in accordance with prescribed regulations. d) 49 CFR § 172.301(a), inthat Compass Systems offered a hazardous material for transportation by air in a non-bulkpackage and did not properly mark that material in accordance with the regulations. e) 49 CFR § 172.400(a), in that Compass Systems offered a hazardous material for transportation by air and did not properly label thatmaterial in accordance with the regulations. 

### f) 49 CFR 

### § 172.600( c

)(2), inthat Compass Systems offered a hazardous material for transportation by air and did notprovide emergency response information in accordance with the regulations. g) 49 CFR 

### § 172.702(a), in that Compass Systems did not ensure that employees involved in the handling ofhazardous materials were trained in accordance with subpart H ofPart 172. In accordance with Section 5123(a) ofChapter 51, Title 49 ofthe United States Code (Transportation), (49 U.S.C.§ 5123(a)), Compass Systems is liable for a civil penalty not greater than $75,000 (or $175,000 for violations resulting in death, serious illness, or severe injury to any person, or substantial destruction ofproperty), for each violation ofthe regulations. After reviewing our investigative file, we propose to issue an order assessing a civil penaltyin the amount of$58,350 for these violations. Within fifteen (15) days after your receipt ofthis Final Notice ofProposed Civil Penalty, you must elect to either submit the full civil penalty amount of$58,350.00 or request a formal hearing. Ifyou fail to respond with one ofthese alternatives, an Order Assessing Civil Penalty, requiring payment ofthe full amount ofthe proposed civil penalty, will be issued. Should you elect to submit the civil penalty, please mail or deliver a certified check or money order, payable to the Federal Aviation Administration, to the Federal Aviation Administration, Office ofRegional Counsel, 2300 East Devon Avenue (AGL-7, Room 479), Des Plaines, Illinois 60018. Please include, on the certified check or money order, the FAA case number 2014-GL-70-0239. Inthe alternative, you may payits civil penalty with a credit card, or a bank account debit, over the Internet. To pay electronically, visitthe web site at https://www.pay.gov. Underthe Search Public Forms option, type in "FGL-FlNEl." Click on "Civil Penalty PaymentsGreat Lakes Region". Yon must then complete the requested information and click "Continue." You will then be directed to enter your credit card or bank account debit information. To use the bank account debit, you will need your bank routing number, account number, and check number. Should you elect to request a formal hearing, you must file a typewritten or legibly handwritten request for hearing with the hearing docket clerk at: Hearing Docket, Federal 3

### Aviation Administration, 800 Independence Avenue, S.W., Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430, Wilber Wright Building- Suite 2Wl000. You must also mail a copy ofyour request for hearing to the undersigned attorney at the address provided 

### in the previous paragraph. Your request must be dated and signed, in accordance with Section 13.16 oftheFederal Aviation Regulations (14 C.P.R. 13.16), a copy ofwhich was sent to you with the Notice ofProposed Civil Penalty. Jeffrey A 

### Klang Regional Counsel



# By:~ Brian K. 

### Khan Attorney

4

### Aviation Administration, 800 Independence Avenue, S.W., Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430, Wilber Wright Building- Suite 2Wl000. You must also mail a copy ofyour request for hearing to the undersigned attorney at the address provided in

### the previous paragraph. Your request must be dated and signed, in accordance with Section 13.16 ofthe Federal Aviation Regulations (14 C.F.R. 13.16), a copy ofwhich was sent to you with the Notice ofProposed Civil Penalty. Jeffrey A. Klang Regional Counsel



# By:~ Brian K. Khan Attorney

4U.S. Department _ofTransportation

**Fed~rai** Aviation Administration
October 15, 2014

In reply Referto: AGL-m 2014-GL-70-0239 

# RECEIVED JUL 1 5 2015 HEARING DOCKET GreatLakes Region 2300 East Devon Avenue Des·Plaines, Illinois 60018

(847) 294-7652

VIA REGULAR AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED Ms. Brenda Pavlantos President Compass Systems Sales, Inc. c/o Mr. Stuart Strasfe!d, Esq. RothBlair City Centre One 100 East Federal Street, Suite 600 Youngstown, OH 44503-1893 NOTICE OFPROPOSED CIVIL PENALTY Basedon areportofinvestigation, it appears that: I. 

### On oraboutJune 23, 2014, CoiiJPasS Systems Sales, Inc. (Compass Systems) knowingly offeredanundeclaredhazardous materials shipmentfortransportationby 

### airto UnitedParcel Service (UPS)undertrackingnumber IZ7A464V014085968 (tbeshipment). 2. The shipmentWas offeredfor 

### airtransportationfrom Compass Systems and Sales,Inc., 5185 NewHaven.Circle, Norton, OH44203 to International Paper, 2826 US 41 North, Henderson, KY 42420. 3. The shipment

### was discovered byUPS personoel attheirWadsworth, Ohio sortingfacility. Upon further investigationitwas discoveredthatthepackage contained hazardous materials. 4. The shipment contained two, sixteen ounce aerosol cans ofMasterBlend spray paint. The proper shippingname for this hazardous material is UN1950, Aerosols, flammable, Class 2.1. 5. The material within the shipment was classified as hazardous materials under Section 172.101 ofthe Hazardous Materials Regulations.
16. This hazardous materials shipment was notdescribed,packed, marked orlabeled as containinghazardous material or inthe properconditionfor

### transportaccording

### to the Hazardous Material Regulations. 7. The shipmentof thehazardous

**ma~rial**was processed andpreparedbyan employee of Compass Systems thatdidnotreceivethe requiredhazardous material training. 8. At all times mentioned herein, the shipment was not accompanied by a Shipper's Declarationfor Dangerous Goods. 9. Compass Systems offered the above-described hazardous material shipment for transpmtation by air when there were no shippingpapers containing the proper shipping name ofeach hazardous material; the hazard class ofeach hazardous material, preceded by "UN" or "NA," as applicable; the total quantity by weight or volume ofeach hazardous material covered by the description; and the basic description ofeach hazardous material shownin sequence. I0. Compass Systems offered the above-described hazardous material for transportation by air whenthe shipment was notmarked or labeled in any manner that would indicate the hazardous nature ofthe contents contained therein. 11. Compass Systems .offeredthe above-described hazardous material shipment for transportation by air when the .shipmentwas not marked with the proper shipping name and the assigned identification number ofeachhazardous material contained therein, and with the required marlcing in English and printed on or affixed to the surface ofthe package, 12. Compass Systems offered the above-described hazardous material shipment for transportation by air and did not provide emergency response information in accordance With the regulations. 13. Compass Systems employees performed hazardous material shipping functions when they had notreceivedtherequired hazardous materials employee training. By reason ofthe above, it appears that Compass Systems violated the following Department ofTransportation Hazardous Materials Regulations: a) 49 CFR § 171.2( e), in that no personmay offer or accept a hazardous material for transportation in commerce uuless the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements ofthis subchapter or an ex:emption or special permit, approval, or registration issued under this subchapter or subchapter A ofthis chapter. b) 49 CFR § 172.200(a), inthat Compass Systems offered a hazardous material for transportationby air and did notproperly describe that material onthe shipping paper.

2c) 49 CFR § 172.204(a), in that Compass Systems offered a hazardous material for transportation by air and did not certify that the material for transportation was in accordance with prescribedregulations. d) 49 CFR § 172.301(a), inthat Compass Systems offered a hazardous material for transportation by air in a non-bulk package and did not properly mark that material in accordance with the regulations. e) 49 CFR § 172.400(a), in that Compass Systems offered a hazardous material for transportation by air and did notproperly label thatmaterial in accordance with the regulations. f) 49 CFR § 172.600(c)(2), inthat Compass Systems offered a hazardous material for transportation by air and did not provide emergency response information in accordance with the regulations. g) 49 CFR § 172.702(a), in that Compass Systems did not ensure thatemployees involved inthehandling ofhazardOl)S materials were trained in &.ccordance with subpart H ofPart 172. In accordance with Section 5123(a) ofChapter 51, Title 49 ofthe United States Code (Transportation), (49 U.S.C.§ 5123{a)), Compass Systems is liable for a civil penalty not greater than $75,000 (or $175,000 for violations resulting in death, serious illness, or severe irljury to anyperson, or substantial destr.uction ofproperty),Jor each violatibn ofthe regulations. After reviewing our investigative file, we. propose to issue 

### an order assessing a civil penalty in the amount 

### of$58,350 for these violations. Enclosed is informationconcerning your options inresponding to this Notice. The options include participating in an informal conference with an FAA attorney, and submitting information to the FAA for consideration. You must submit, inwriting, your choice ofthe alternatives explained on the enclosed information sheet, onor before 30 days after you receive this Notice. Ifyou fail to submit your choice within that time, we will issue a Final Notice ofProposed Civil Penalty. Please address all communications to me at the address noted above.

Enclosures Sincerely,

# NlBrian K. Khan Attorney

3