U.S. Department 

of Transportation 

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 8 2015 

HEARING DOCKET 

dO\cs - JYya 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter of Compass 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 of the 

Federal Aviation Administration's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in Cleveland, Ohio, and expects that the 

hearing will last two days. 

Please address all communications for the Federal Aviation Administration to the attention of Brian 

K. Khan, Office of the Regional Counsel, 2300 East Devon Avenue, Des Plaines, Illinois 60018. 

Enclosures 

Sincerely, 

Brian K. Khan 

Attorney 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Compass 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, pursuant to Rule 208 ofthe Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I 

On October 15,2014, Respondent was advised through a Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of$58,350. On July 7, 

2015, a Final Notice of Proposed Civil Penalty in the amount of $58,350 was issued. On July 14, 

2015, Respondent submitted a written request for a hearing. 

11 

1. On or about June 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 facility. 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 

172.101 of the Hazardous Materials Regulations. 

6. Ibis 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 material 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 

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. 

1 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 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. 

2 
III 

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. 

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 § 172.30l(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. 

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 of property), for each violation of the regulations. 

3 
2. Under the facts and circumstances of this case, a civil penalty of $5 8,350 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, 

/fv/k_ 

Brian K. Khan 

Attorney 

Federal Aviation Administration 

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 

Federal Aviation 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)). 

4 
COMPASS 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 

I 00 E. Federal Street, Suite 600 

Youngstown, Ohio 44503 

Attorney for Respondent 

I hereby certifY that on this day copies of the foregoing Complaint were sent via Overnight Mail as 

follows: 

Overnight Mail 

(Original & One Copy) 

Date: '7 /;;,7 j;S 

i 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl 000 

c-d. &Jlf/IJZA~/ Tammy Gardner 

Legal Technician 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 

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