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 1 5 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 

of Transportation 

Federal Aviation 

Administration 

July 7, 2015 

In reply 

Refer to: AGL-7H 

2014-GL-70-0239 

JUL 1 5 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 a Notice of Proposed Civil Penalty, dated October 15, 2014, ihat the FAA 

proposed to assess a civil penalty in the amountof$58,350. After considering all the evidence in this 

matter, it appears ihat 

1. On or aboutJune 23, 2014, Compass Systems Sales, Inc. (Compass Systems) knowingly 

offered an undeclared hazardous materials shipment for transportation by air to United Parcel 

Service (UPS) under tracking number 1Z7 A464V014085968 (the shipment). 

2. The shipment was offered for air transportation from Compass Systems and Sales, Inc., 5185 

New Haven Circle, Norton, OH 44203 to International Paper, 2826 US 41 North, 

Henderson, KY 42420. 

3. The shipment was discovered by UPS personnel at their Wadsworth, Ohio sorting fucility. 

Upon further investigation it was discovered that the package contained hazardous materials. 

4. The shipment contained two, sixteen ounce aerosol cans ofMaster Blend spray paint 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 172.1 01 of the Hazardous Materials Regulations. 

1 
6. This hazardous materials shipment was not described, packed, marked or labeled as 

containing hazardous material or in the proper condition fur transport according to the 

Hazardous Material Regulations. 

7. The shipment of the ha=dous material was processed and prepared by an employee of 

Compass Systems that did not receive the required ha=dous material training. 

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 shipping papers containing the proper 

shipping name of each hazardous material; the hazard class of each hazardous 

material, preceded by "UN" or "NA," as applicable; the total quantity by weight or 

volume of each hazardous material covered by the description; and the basic 

description of each hazardous material shown in sequence. 

10. Compass Systems offered the above-described hazardous material for 

transportation by air when the shipment was not marked or labeled in any manner 

that would indicate the hazardous nature of the 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 of each hazardous material contained 

therein, and with the required marking in English and printed on or affixed to the 

surface of the 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 of the above, it appears that Compass Systems violated the following Department 

of Transportation Hazardous Materials Regulations: 

a) 49 CFR § 171.2( e), in that 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 of this subchapter or an exemption or special 

permit, approval, or registration issued under this subchapter or subchapter A of this 

chapter. 

b) 49 CFR § 172.200(a), in that Compass Systems offered a hazardous material for 

transportation by air and did not properly describe that material on the shipping paper. 

2 
c) 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 prescribed regulations. 

d) 49 CFR § 172.301(a), in that 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 not properly label that material in accordance with the 

regulations. 

f) 49 CFR § 172.600( c )(2), in that 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 that employees 

involved in the handling of hazardous materials were trained in accordance with 

subpart H of Part 172. 

In accordance with Section 5123(a) of Chapter 51, Title 49 of the 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 of property), for each violation of the 

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. 

Within fifteen (15) days after your receipt of this Final Notice of Proposed Civil Penalty, 

you must elect to either submit the full civil penalty amount of $58,350.00 or request a 

formal hearing. If you fail to respond with one of these alternatives, an Order Assessing 

Civil Penalty, requiring payment of the full amount of the 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 of Regional Counsel, 2300 East Devon Avenue (AGL-7, Room 4 79), 

Des Plaines, Illinois 60018. Please include, on the certified check or money order, the FAA 

case number 2014-GL-70-0239. 

In the alternative, you may pay its civil penalty with a credit card, or a bank account debit, 

over the Internet. To pay electronically, visit the web site at https://www.pay.gov. Under the 

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 2Wl 000. You 

must also mail a copy of your 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 of the Federal Aviation Regulations (14 C.P.R. 13.16), a copy of which 

was sent to you with the Notice of Proposed 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 2Wl 000. You 

must also mail a copy of your 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 of the Federal Aviation Regulations (14 C.F.R. 13.16), a copy of which 

was sent to you with the Notice of Proposed Civil Penalty. 

Jeffrey A. Klang 

Regional Counsel 

By:~ 

Brian K. Khan 

Attorney 

4 
U.S. Department 

_of Transportation 

Fed~rai Aviation 

Administration 

October 15, 2014 

In reply 

Referto: AGL-m 

2014-GL-70-0239 

RECEIVED 

JUL 1 5 2015 

HEARING DOCKET 

Great Lakes Region 

2300 East Devon Avenue 

Des· Plaines, Illinois 60018 

(84 7) 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. 

Roth Blair 

City Centre One 

100 East Federal Street, Suite 600 

Youngstown, OH 44503-1893 

NOTICE OF PROPOSED CIVIL PENALTY 

Based on a report of investigation, it appears that: 

I. On or about June 23, 2014, CoiiJPasS Systems Sales, Inc. (Compass Systems) knowingly 

offered an undeclared hazardous materials shipmentfor transportation by air to United Parcel 

Service (UPS)undertrackingnumber IZ7 A464V014085968 (tbeshipment). 

2. The shipment Was offered for air transportation from Compass Systems and Sales, Inc., 5185 

New Haven. Circle, Norton, OH 44203 to International Paper, 2826 US 41 North, 

Henderson, KY 42420. 

3. The shipment was discovered by UPS personoel at their Wadsworth, Ohio sorting facility. 

Upon further investigation it was discovered that the package contained hazardous materials. 

4. The shipment contained two, sixteen ounce aerosol cans ofMasterBlend spray paint. 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 of the Hazardous Materials Regulations. 

1 
6. This hazardous materials shipment was not described, packed, marked or labeled as 

containing hazardous material or in the proper condition for transport according to the 

Hazardous Material Regulations. 

7. The shipment of the hazardous ma~rial was processed and prepared by an employee of 

Compass Systems that did not receive the required hazardous material training. 

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 

transpmtation by air when there were no shipping papers containing the proper 

shipping name of each hazardous material; the hazard class of each hazardous 

material, preceded by "UN" or "NA," as applicable; the total quantity by weight or 

volume of each hazardous material covered by the description; and the basic 

description of each hazardous material shown in sequence. 

I 0. Compass Systems offered the above-described hazardous material for 

transportation by air when the shipment was not marked or labeled in any manner 

that would indicate the hazardous nature of the 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 of each hazardous material contained 

therein, and with the required marlcing in English and printed on or affixed to the 

surface of the 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 of the above, it appears that Compass Systems violated the following Department 

of Transportation Hazardous Materials Regulations: 

a) 49 CFR § 171.2( e), in that no person may 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 of this subchapter or an ex:emption or special 

permit, approval, or registration issued under this subchapter or subchapter A of this 

chapter. 

b) 49 CFR § 172.200(a), in that Compass Systems offered a hazardous material for 

transportation by air and did not properly describe that material on the shipping paper. 

2 
c) 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 prescribed regulations. 

d) 49 CFR § 172.301(a), in that 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 not properly label that material in accordance with the 

regulations. 

f) 49 CFR § 172.600(c)(2), in that 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 that employees 

involved in thehandling ofhazardOl)S materials were trained in &.ccordance with 

subpart H of Part 172. 

In accordance with Section 5123(a) of Chapter 51, Title 49 of the 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 any person, or substantial destr.uction ofproperty),Jor each violatibn of the 

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 information concerning your options in responding 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, in writing, your choice of the 

alternatives explained on the enclosed information sheet, on or before 30 days after you 

receive this Notice. If you fail to submit your choice within that time, we will issue a Final 

Notice of Proposed Civil Penalty. 

Please address all communications to me at the address noted above. 

Enclosures 

Sincerely, 

NlBrian K. Khan 

Attorney 

3