U.S. Department ofTransportation Federal Aviation Administration


### July 27, 2015
VIA OVERNIGHT MAIL Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 Great Lakes Region Regional Counsel, AGL-7 2300 East Devon Avenue Des Plaines, Illinois 60018 847/294-7109 

# RECEIVED JUL 2 82015 

## HEARING DOCKET 

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ATTN: HEARING DOCKET CLERK Re: In theMatter ofCompass Systems & 

### Sales, Inc. FAA Case No. 2014-GL-70-0239 Enclosed herein please find a copy of a request for hearing and the original and one copy ofthe Federal Aviation Administration's Complaint in the above-entitled action for filing, together with proofofservice uponthe Respondent. The FAA requests that the hearing in this matter be held in Cleveland, Ohio, and expects that the hearing will lasttwo days. Please address all communications for the Federal Aviation Administration to the attention ofBrian K. Khan, Office ofthe Regional Counsel, 2300 East Devon Avenue, Des Plaines, Illinois 60018.

Enclosures Sincerely,

Brian K. Khan AttorneyU.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter ofCompass Systems & Sales, Inc. 2014-GL-70-0239 Judge Not**Assi~o'lled**

COMPLAINT The Federal Aviation Administration (FAA or Complainant), by counsel, hereby files its Complaint, pursuantto Rule 208 oftheRules ofPractice (14 C.F.R. 13.208), and states as follows: I
On October 15,2014, Respondent was advised through a Notice ofProposed Civil Penaltythat the FAA proposedto assess a civil penalty inthe amount of$58,350. On July 7, 2015, a FinalNotice ofProposed Civil Penalty inthe amount of$58,350 was issued. On July 14, 2015, Respondent submitted a written request for a hearing.
11 1. OnoraboutJune 23, 2014, Compass Systems Sales, Inc. (Compass Systems)knowingly offered an undeclaredhazardousmaterials shipmentfor transportationby airto UnitedParcel Service (UPS) undertracking number 1Z7A464V014085968 (the shipment). 2. The shipmentwas offered for 

### airtransportationfrom Compass Systems and Sales, Inc., 5185 New Haven Circle,Norton, OH44203 to International Paper, 2826 US 41 North, Henderson, KY42420. 3. The shipmentwas discoveredbyUPS personnel attheir Wadsworth, Ohio sorting facility. Upon further investigationitwas discoveredthatthe package containedhazardous materials. 4. The shipment containedtwo, sixteen ounce aerosol cans ofMasterBlend spraypaint Theproper shippingnameforthishazardousmaterial 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. 6. Ibishazardous materials shipmentwas not described,packed, marked or labeledas containing hazardous material orin theproper condition for transport accordingto the Hazardous Material Regulations. 7. The shipment ofthe hazardous material wasprocessed andpreparedbyanemployee ofCompass Systems thatdidnotreceivethe requiredhazardous 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 whenthere were no shipping papers containingthe proper shipping name ofeach hazardous material; the hazard class ofeachhazardous material, precededby "UN" or "NA," as applicable; the total quantity by weight orvolume ofeach hazardous material covered bythe description; and the basic description ofeach 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 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 inEnglish andprinted 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 emergencyresponse information in accordance withthe regulations. 13. Compass Systems employees performedhazardous material shipping functions when they had notreceived the required hazardous materials employee training.

2III 

### By reason ofthe 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 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 notproperly describe that material on the shipping paper. 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 withprescribed regulations. d) 

### 49 CFR § 

### 172.30l(a), in that Compass Systems offered a hazardous material for transportation by air in a non-bulk package and did notproperly markthat material in accordance withthe regulations. e) 

### 49 CFR § 

### 172.400(a), in that Compass Systems offered a hazardous material for transportation by air and did notproperly 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 ofhazardous materials were trained in accordance with subpart H ofPart 172. IV 

### 1. 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.
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### 2. Underthe facts and circumstances ofthis case, a civilpenalty of$58,350 is appropriate.

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative Law Judge enter an order assessing civil penalty against Compass System & 

### Sales, Inc. in the amount of $58,350.

NOTE: Respectfully submitted, 

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Brian K. Khan Attorney Federal AviationAdministration 2300 East Devon Avenue, AGL-7H Des Plaines, Illinois 60018 p: 847/294-7652 f: 

### 847/294-7498

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the FederalAviation Regulations (14 C.F.R. Part 13). The Rules of Practice provide that Respondent must file a written answer to this Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date shown on the Certificate of Service. A general denial is deemed a failure to file an answer (Section 13.209( e)).

4COMPASS SYSTEMS & SALES, INC. 5185 New Haven Circle NW Barberton, Ohio 44203 July 14, 2015 Hearing Docket Federal Aviation Administration 800 Independence Avenue SW Washington DC, 20591 Attention: Hearing Docket Clerk AGC-430 Wilbur Wright Building-Suite 2W1000 RE: Final Notice of Proposed Civil Penalty AGL-7H 2014-GL-70-0239 Dear Sir/Madam: 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,CERTIFICATE OF SERVICE 

### I hereby certifY that on this day a copy of the foregoing Complaint was sent Overnight Mail as follows: Overnight Mail (one copy) Mr. 

### Stuart A. 

### Strasfeld, Esq. Roth Blair I00 E. Federal Street, Suite 600 Youngstown, Ohio 44503 Attorney for Respondent I hereby certifY that on this day copies ofthe foregoing Complaint were sent via Overnight Mail as follows: Overnight Mail (Original & 

### One Copy)

Date: 

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### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2Wl000



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**&Jlf/IJZA~/** Tammy Gardner Legal Technician Federal AviationAdministration Office ofRegional Counsel 2300 East Devon Avenue, AGL-7 Des Plaines, Illinois 60018
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