.. 

BARNETT & 

BORTH,LLC 

ATTORNEYS AT LAW 

z:, n :.?n 1 2 P 2= 3 2 

RECEIVED 

APR- 1 2113 

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 2W1 000 

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 of the Administrative Law Judge, Richard C. Goodwin's Order of March 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 of Proposed Civil Penalty a copy of which is attached hereto as 

exhibit A. 

1) admitted 

2) admitted 

3) admitted 

4) admitted 

5) denied 

6) Respondents further deny all allegations of violation 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•60156 
InReply . 

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 of Proposed Civil Penalty that the FAA 

proposed to assess a civil penalty.againstyou in the. amount of$ 15,000.00. 

After consideration of all ofthe available information, and based on the information you 

provided at and after the informal conference, it has been determined that: · 

1. Trans North Aviation Inc. (hereinafter, "Trans No~') now holds and at all tinles 

mentioned herein held Air Carrier Certificate Number EBFA443D that authorizes Trans North 

to cOnduct operations under Part 135 of the Federal Aviation-Regulations. 

2. At all times mentioned herein, William Didier, holder of Airline Transport Pilot 

Certificate Number 3067631, was authorized to conduct Trans North's commerCial flight 

.operations under both.Part 91 and Part 135. · 

3. On November 28,2011, Mr. Didier was the Pilot-in-Command ofaPiper,PA·31-350, 

N59773, on a Part 135 flight operated by Trans North from Jessup-Wayne CountY Airport, 

Georgia (KJES), with an intended destination of Chicago Executive Airport, Wheeling, 

illinois. (KPWK). (the flight) · 

EXHIBIT 

I A 
I_ 

4. The flight ended when N59773crashed short of Chicago Executive Airport in 

Wheeling, Dlinois. The crash resulted in three fatalities, including two passengers and Mr. 

Didier. 

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5. Trans North assigned Mr. Didier as Pilot-in-Command of the flight on November 28, 

2011, which did not provide for at least 10 consecutive hours of rest during the 24-hour period 

that preceded the planned completion time of the flight assigilllJ.ent. 

By reason of the facts· and citcumstanc·es described'above, Ttans North violated the folloWing 

Federal Aviation Regulation: 

14 CFR Section 135.267( d), which states that each assignment under paragraph (b) of 

this section must provide for at least 10 consecutive hours of rest during the. 2~-hour 

period that precedes the planned completion time of the assignment. 

In accordance with Title 49 of the 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 of the 

regulations $11,000.00. Therefore, by reason of the foregoing facts and circumstances, we 

propose to assess a civil penalty in the amoUI1t of$ 7,500.00. 

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 $7500.00 or request a formal 

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

Penalt:r, 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 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. 

In the alternative, you may 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 "Civil Penalty Payments- Great 

Lakes Region". You 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 yom 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 

Aviation Administration, 800 Independence Avenue, S.W., Washington, DC 20591, 

Attention: Hearing Docket Cler~ AGC-430, Wilber Wright Building--' Suite 2Wl 000. Y qu 

m'ust 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 ofwhich 

was sent to you with the Notice of Proposed 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 

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