# ..
BARNETT & 

# BORTH,LLC ATTORNEYS AT LAW 

# z:,

# n :.?n 1 2 P 2= 

## 3 2 

# RECEIVED APR- 12113 

# HEARING DOCKET 800 Waukegan Road, Suite 200 • Glenview, Illinois.60025 847-724-5520 March 26, 2013 Hearing Docket Federal Aviation Administration 800 Independence Avenue, S. W. Washington, DC 20591 

### crb@barnettlegal.com
Via facsimile 202 493-5142 and US Certified Mail

Attention: Hearing Docket Clerk, AGC-430 Wilber Wright Building- Suite 2W1000 RE: AMENDED REQUEST FOR HEARING AND ANSWER TO NOTICE OF PROPOSED CIVIL PENALTY AGL-7J 2012-GL-03-0012 ATTN: Hearing Docket Clerk
. By virtue ofthe Administrative Law Judge, Richard C. Goodwin's Order ofMarch 20, 2013, please be advised that Respondents Trans North Aviation and Ronald J. Schaberg respectfully renew their request a hearing in this matter pursuant to 14 CFR 

### § 13 .16. Furthermore, Respondents Trans North Aviation and Ronald J. Schaberg provide the following answers to Complainant's Notice ofProposed Civil Penalty a copy ofwhich is attached hereto as exhibit A. 1) admitted 2) admitted 3) admitted 4) admitted 5) denied 6) Respondents further deny 

### all allegations ofviolation of 14 CFR Section 135.267(d) as set forth.

Encl. cc: BARNETT & 

### BORTH, LLC

# ~ Charles 

### R. Barnett, III Attorney at Law
Jeanette Dabauras, Esq. (without encl.) Via facsimile and US Mail
LAKE IN THE HlLIS AIRPORT OFFICE 8411PYOTIROAD • SUITE110 • LAKElNTHEHILIS•lLLINOIS•60156InReply
. Refer to: AGL-71 2012-GL-03-0012 Area Code 847.294.7057 Janumy 

## is, 2013



### Mr, Ronald 

### J. Schaberg President Trans North Aviation LTD Eagle River Airport POBox 1445 Eagle River, WI 54521 

### FINAL NOTICE OF PROPOSED CIVIL PENALTY On July 12, 2012, you were-advised through a Notice ofProposed Civil Penalty that the 

### FAA proposed to assess a civil penalty.againstyou 

### inthe. amount of$ 15,000.00. After consideration of

### all ofthe available information, and based onthe information you provided at and afterthe informal conference, 

### it has been determined that: · 

### 1. Trans North Aviation Inc. (hereinafter, "Trans

### No~') nowholds and at all tinles mentioned herein held Air Carrier Certificate Number EBFA443D that authorizes Trans North 

### to cOnduct operations underPart 135 ofthe Federal Aviation-Regulations. 2. At all times mentioned herein, WilliamDidier, holder ofAirline Transport Pilot Certificate Number 3067631, was authorized to conduct Trans North's commerCial flight .operations under both.Part 91 andPart 135. · 3. OnNovember 28,2011, 

### Mr. Didier was thePilot-in-Command ofaPiper,PA·31-350, N59773, ona Part 135 flight operated by TransNorth from Jessup-Wayne CountY Airport, Georgia (KJES), with an intended destination ofChicago Executive Airport, Wheeling, illinois. (KPWK). (the flight) · 

### EXHIBIT 

# I 

# AI_

4. The flight ended whenN59773crashed shortofChicago Executive Airport 

### in Wheeling, Dlinois. The crash resulted inthree fatalities, including two passengers and 

### Mr. Didier. 

### 2

5. Trans 

### North assigned 

### Mr. Didier as Pilot-in-Command ofthe flight on November 

### 28, 2011, which did notprovide for at least 10 consecutive hours ofrest during the 24-hour period thatpreceded the planned completiontime ofthe flight assigilllJ.ent. 

### By reason ofthe facts· and citcumstanc·es described'above, Ttans 

### North violated the folloWing Federal AviationRegulation: 

### 14 CFR Section 135.267( d), which states that each assignment underparagraph 

### (b) of this sectionmustprovide for at least 10 consecutive hours ofrest during the.**2~-hour** period that precedes the planned completiontime ofthe assignment. 

### In accordance with Title 

### 49 ofthe United States Code, Section §46301 or §46303 

### (49 U.S.C. §46301 or §46303), you are. subject to a civil penalty

## not to exceed for each violation ofthe regulations $11,000.00. Therefore, by reason ofthe foregoing facts and circumstances, we propose to assess a civil penalty inthe amoUI1t of$ 7,500.00. Within fifteen (15) days 

### afteryour receipt ofthis Final Notice ofProposed Civil Penalty, you 

### must electto either submitthe 

### full civil penalty amount of$7500.00 orrequest a formal hearing. Ifyou fail to respond with one ofthese alternatives, 

### an Order Assessing Civil Penalt:r, requiring payment ofthe

### full amount ofthe proposed civil penalty, 

### will be issued. Should you electto 

### submitthe 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 {2012-GL-03-0012), which 

### is located at the top of

### this Order. 

### Inthe alternative, youmay pay your 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-FINEl." Click on "CivilPenalty Payments- 

### Great 

### Lakes Region". You must then complete the requested information and click "Continue." You 

### will then be directed to enter your credit card orbank account debit information. To use 

### the bank account debit, you 

### will need yom bankrouting 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 Aviation Administration, 800 Independence Avenue, S.W., Washington, 

### DC 20591, Attention: Hearing Docket**Cler~** AGC-430, Wilber Wright Building--' Suite 2Wl000. Yqu 

### m'ust 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 sentto you with the Notice ofProposed Civil Penalty,

cc: Charles Barnett, 

### ill Attorney at Law Lake in the 

### Hills Airport (3CK) 8411 Pyott Road, Suite 110 

### Lake 

### in the 

### Hills, IL.60156-9704 

### By: -Jeffrey**:A~** Klang Regional Counsel

Adrianne Wojcik Attorney



### cc:**AFS~**

### 760/FSD0-03 (lnsp. Boermann) AGL-7J:tjg:l/14/13:g:tg:aaw:transnorth.finalnotice.doc 

### 3