465 California Street Suite 210 

## •

San Francisco California 94104 

## • (415) 421-2500 Fax (415) 421-2560

www.avialex.com law@avialex.com 

### Michael 

### L. Dworkin and Associates Law Offices

VIA FED EXANDFAX: Hearing Docket Federa1 Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building, Suite 2W1000 Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430 (FAX: 1-202-493-5142) Robert Spitzer, Esq. Attorney, Enforcement Division, Western Team Federal Aviation Administration 1601 Lind Avenue, SW Renton, W A 98057 (FAX: 1-425-227-1007)

Re: Tango Air, Inc. d/b/a Schubach Aviation FAA 

### Case No. 2015WP090037

Dear Ladies and Gentlemen: February 1, 2016



## 1-(ET

Pursuant to the provisions of 14 C.F.R. Section 13.16, this letter constitutes Tango Air, Inc.'s request for a hearing in the above-referenced matter. A copy ofthe FAA's Final Notice ofProposed Civil Penalty, dated January 28,2016, is attached hereto. We request that the hearing be scheduled for San Diego, California after the filing ofthe requisite pleadings and completion ofanticipated discovery. Respectfully submitted,

attachment

cc: Tango Air, Inc.U.S. Department ofTranspmtation FederalAviation Administration Office ofthe ChiefCounsel Enforcement Division Western Team !601 Lind Ave., S.W. Renton, WA 98057



### U.S. CERTIFIED MAIL -RETURN RECEIPT REQUESTED and FIRST-CLASS MAIL 

## JAN 2 B2016 President Tango Air, Inc. 2026 Palomar Airport Road, Hangar 2 Carlsbad, CA 92011 RE: Tango Air, Inc., Case No. 2015WP090037 FINAL NOTICE OF PROPOSED CIVIL PENALTY TheFederal Aviation Administration (FAA) notified Tango Air, Inc. (Tango) through a Notice ofProposed Civil Penalty dated March 20,2015, that the FAAproposed to assess a civil penalty in the amount of$47,000 for Tango's alleged violation(s) of 14 C.P.R. §§ 135.267(d), 135.263, 135.323(a)(l), 135.33l(c), 135.95(b), 135.65(b), 119.5(1), 119.69(e)(2), 135.77, and 91.13(a). After considering all ofthe information presently part ofthis proceeding, including information provided by Tango during an informal conference held on April 7, 2015, it appears that: I. Tango Air Inc. ("Tango") is now, and at all times mentioned herein was, the holder of Air CatTier Certificate No. LOMA488T, authorized to conduct on demand air canier service under part 135 ofthe Federal Aviation Regulations. 2. Onor about December 2, 2014, Tango operated multi-engine civil aircraftN547TW, a Cessna 525, on a passenger canying flight conducted under part 135 ofthe Federal Aviation Regulations, which landed at Palomar Airport, Carlsbad, CA, at approximately 10:12 p.m. local time. 3. Subsequent to the above operation, Tango's Pilot in Command (PIC) for the flight, Tango's ChiefPilot James Panknin, remained on duty until approximately 10:30 p.m. local time. 4. On or about December 3, 2014, Tango's ChiefPilot James Panknin reported for duty at 7:30a.m.5. On or about December 3, 2014, withTango's ChiefPilotJames Panknin as PIC, Tango operatedmulti-engine civil aircraftN329BH, a Cessna 525B, on a passenger carrying flight conducted underpart 135 oftheFederal AviationRegulations, which departed Palomar Airport, Carlsbad, CA, at approximately 8:14 a.m. local time, and landed at Buchanan Field Airport, Concord, CA, at approximately 9:28 a.m. local time. 6. Tango's ChiefPilotJames Panknin did nothave at least lO consecutive hours ofrest during the 24-hourperiod thatpreceded the planned completiontime ofthe operations described in paragraph 5.

7. Tango'sAh·craft FlightLogs and PilotDuty Logs are required to bekept, made, or used to show compliance withpart 135 requirements. 2

8. Tango's ChiefPilot James Panknin certified that Tango pilotMr. David Sparks had completed Initial New Hire Training onNovember 7, 2014, when Mr. Sparks had not completed the Initial New Hire Training. 9. Tango's ChiefPilot James Panknin certifiedthat Tango pilotMr. David Sparks had completed Emergency Ground Training on November 23, 2014, whenMr. Sparks had not completed Emergency Ground Training. 10. As ofDecember 21,2014, Tango had still not completed eitherthe Initial New Hire Training or the Emergency GroundTraining for 

### Mr. Sparks. 11. Among other items, Tango failed to have

### Mr. Sparks perform the emergency drills as required by 14 CFR §135.33l(c). 12. On or about December21,2014, Tango operated multi-engine civil aircraft N258MS, a Hawker HS-125, with Kenny Shepherd as PIC and David Sparks as Second in Command (SIC), on a passenger carrying flight conducted under part 135 ofthe Federal AviationRegulations, which departed PalomarAirport, Carlsbad, CA, at approximately 10:34 a.m. local time, travelled to Eagle County Regional Airport, Vail, CO, and returned to PalomarAirpo1t at approximately 5:28 p.m. local time. 13. Incident to the operation described inparagraph 12, anelectronic flight display (EFD) switch became inoperative. 14. Tango's PIC failed to enter orhave entered inthe aircraft maintenance log that the EFD switchwas inoperative. 15. On or about November 25,2014, December 19,2014, and December22,2014, Tango operated multi-engine civil aircraftN258MS, a Hawker HS-125, on passenger carrying flights conducted under pmt 135.16. Incident to the operations described inparagraph 15, Mike Dawson certified that the crewrest, flight and duty times, crew training, andmaintenance releases for Tango part 135 flights on those dates, were verified. 17. Incident to the operations described in paragraph 15, Mike Dawson dispatched the Tango aircraft for the described operations. 18. Tango's General Operations Manual Subparagraph 5(b), Authority for Operational Control- Director ofOperations provides that only the Director ofOperations, the ChiefPilot, and the Director ofMaintenance have authority to dispatch company aircraft. 19. Mike Dawson does not hold one ofthe positions listed in paragraph 18, nor is he listed in Tango's manual as someone authorizedto exercise operational control. 3

20. Tango's actions described herein were careless or reckless so as to endangerthe lives or property ofothers. By reason ofthe foregoing, it appears that Tango failed to comply withthe following Federal Aviation Regulation(s):

a. 14 C.F.R §135.267(d) Flight time limitations and rest requirements: Unscheduled one- and two-pilot crews. Each assignment under paragraph (b) ofthis sectionmust provide for at least 10 consecutive hours ofrest during the 24-hour period that precedes theplanned completion time ofthe assignment. b. 14 C.P.R. §135.263 Flight time limitations and restrequirements: All certificate holders. No certificate holder may assign any flight crewmember to any duty with the certificate holder during any required restperiod.

c. 14 C.F.R 

### §135 .323(a)(l) Training program: General. Eachcertificate holder required to have a trainingprogram under§135.341 shall: Establish and implement a training program that satisfies the requirements ofthis subpart and that ensures that each crewmember, aircraft dispatcher, flight instructor and check airman is adequately trained to perform his or her assigned duties. d. 14 C.F.R 

### §l35.331(c) Crewmember emergency training. Each crewmember must perform at leastthe following emergency drills, using the proper emergency equipment and procedures, unless the Administrator finds that, for a particular drill, the crewmember can be adequately trained by demonstration: Ditching, ifapplicable. Emergency evacuation; Fire extinguishing and smoke control; Operation and use of emergency exits, including deployment and use ofevacuation chutes, ifapplicable; Use ofcrew andpassenger oxygen; Removal oflife rafts from the aircraft, inflation ofthe life rafts, use oflife lines, and boarding ofpassengers and crew, ifapplicable;Donning and inflation oflife vests and the use ofotherindividual flotation devices, ifapplicable. 

### 4

e. 14 C.F.R §135.95(b) Airmen: Limitations onuse ofservices. No ce1tificate holder may use the services ofany person as an airman unless the personperformingthose services-Is qualified, under this chapter, for the operation for which the person is to be used. f. 14 C.F.R §135.65(b) Reporting mechanical irregularities. Thepilot in command shall enter orhave entered in the aircraft maintenance log eachmechanical irregularity that comes to the pilot's attention during flight time. Before each flight, the pilot in command shall, ifthe pilot does not already know, determine the status of each irregularity entered in the maintenance log at the end ofthe preceding flight. g. 14 C.F.R §119.5(1) Certifications, authorizations, and prohibitions. No person may operate an aircraft under this part, Part 121 ofthis chapter, or Part 135 ofthis chapter in violation ofan air canier operating certificate, operating certificate, or appropriate operations specifications issued under this part. h. 14 C.F.R §119.69(e)(2) Management personnel required for operations conducted under part 135 ofthis chapter. Each certificate holdermust-List in the manual the names and business addresses ofthe individuals assigned to those positions. 

### i. 14 C.P.R. §135.77 Responsibility for operational control. Each certificate holder is responsible for operational control and shall list, inthe manual required by §135.21, the name and title ofeachperson authorized by it to exercise operational control. 

### j. 14 C.F.R §91.13(a) Careless or reckless operation. Aircraft operations for the purpose ofair navigation. No person may operate an aircraft in a careless orreckless manner so as to endanger the life orproperty ofanother. Pursuantto 49 U.S.C. 

### §46301(a)(l), Tango is subject to a civil penaltynotto exceed $11,000 for each violation ofthe Federal Aviation Regulations. Under 49 U.S.C. § 46301(a)(2), a separate violation occurs for "each day the violation continues". After reviewing all ofthe information contained in our investigative file, we propose to assess a civil penalty in the amount of$47,000. Unless Tango submits the proposed civil penalty or an otherwise agreed-upon amount within 15 days after receipt ofthis Final Notice; or mails or personally delivers, in writing, a request for a hearing in this matter within 15 days after receipt ofthis Final Notice, we will issue an Order Assessing Civil Penalty, andTango will have no further right to a hearing. IfTango does not submit a written request for a hearing or pay an otherwise agreed-upon amount, it mustpay the proposed civil penalty. Any request by Tango for a hearing must be sentto the address ofthe Hearing Docket as follows:For deliveryby hand or expedited courier: Federal Aviation Administration 600 Independence Avenue, S.W. Fordelivery by U.S. mail: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 5

Wilbur Wright Building- Suite 2Wl000 Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Attn: Hearing Docket Clerk, AGC-430 WilburWright Bldg- Suite 2WIOOO A copy ofany request for a hearing must also be served on: Robett Spitzer Attomey Enforcement Division, Westem Team 1601 Lind Avenue S.W. Renton, W A 98057 The request for hearing must be dated and signed in accordance with 

### 14 C.P.R. 

### § 13.16 (enclosed). Alternatively, Tango may pay the proposed civil penalty by submitting a certified checkor money order payable to the Federal Aviation Administration, addressed to: Attention: Peggy Coulter Mike Monroney Aeronautical Center 6500 South MacArthur Blvd. General Accounting, AMK-322 Oklahoma City, OK 73169. The check shouldreference the case number above (Case No. 2015WP090037). To paythe civil penalty with a major credit overthe internet orby electronic funds transfer, follow the Electronic Payment Instructions (enclosed). Any other communications regarding this matter should beaddressed to: Robert Spitzer, Enforcement Division, 1601 Lind AvenueS.W., Renton, W

### A 98057, telephone (425) 227-1417, tax (425) 227-1007. Peter 

### J. Lynch Assistant ChiefCounsel for Enforcement

By: 

# 4**Rob~er** Attorney Enforcement Division, Western Team1601 Lind Avenue S.W. Renton, WA 98057 Email: Robc1·t.spitzcr(ii)faa.gov Telephone: (425) 227-2007 (main) (425) 227-1417 (direct) (425) 227-1007 (fax)

Enclosures: FAA Regulations 14 C.F.R. § 13.16 and 14 C.F.R. part 13, subpart G Instructions for Electronic Payment

cc: Michael 

### L. Dworkin, Esq. AWP-230, SAN FSDO 6