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Michael L. Dworkin and Associates 

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VIA FED EX AND FAX: 

Hearing Docket 

F edera1 Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building, Suite 2W1 000 

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 of the 

FAA's Final Notice of Proposed Civil Penalty, dated January 28,2016, is attached 

hereto. 

We request that the hearing be scheduled for San Diego, California after the 

filing of the requisite pleadings and completion of anticipated discovery. 

Respectfully submitted, 

attachment 

cc: Tango Air, Inc. 
U.S. Department 

of Transpmtation 

Federal Aviation 

Administration 

Office of the Chief Counsel 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 B 2016 

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 

The Federal Aviation Administration (FAA) notified Tango Air, Inc. (Tango) through a Notice 

of Proposed Civil Penalty dated March 20,2015, that the FAA proposed 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 of the information presently part of this 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 of the Federal Aviation Regulations. 

2. On or about December 2, 2014, Tango operated multi-engine civil aircraftN547TW, 

a Cessna 525, on a passenger canying flight conducted under part 135 of the 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 Chief Pilot James Panknin, remained on duty until approximately 10:30 p.m. 

local time. 

4. On or about December 3, 2014, Tango's Chief Pilot James Panknin reported for duty 

at 7:30a.m. 
5. On or about December 3, 2014, with Tango's Chief Pilot James Panknin as PIC, 

Tango operated multi-engine civil aircraft N329BH, a Cessna 525B, on a passenger 

carrying flight conducted under part 135 of the Federal Aviation Regulations, 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 Chief Pilot James Panknin did not have at least lO consecutive hours of rest 

during the 24-hour period that preceded the planned completion time of the 

operations described in paragraph 5. 

7. Tango's Ah·craft Flight Logs and Pilot Duty Logs are required to be kept, made, or 

used to show compliance with part 135 requirements. 

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8. Tango's Chief Pilot James Panknin certified that Tango pilot Mr. David Sparks had 

completed Initial New Hire Training on November 7, 2014, when Mr. Sparks had not 

completed the Initial New Hire Training. 

9. Tango's Chief Pilot James Panknin certified that Tango pilot Mr. David Sparks had 

completed Emergency Ground Training on November 23, 2014, when Mr. Sparks had 

not completed Emergency Ground Training. 

10. As of December 21,2014, Tango had still not completed either the Initial New Hire 

Training or the Emergency Ground Training 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 December 21,2014, 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 of the 

Federal Aviation Regulations, which departed Palomar Airport, Carlsbad, CA, at 

approximately 10:34 a.m. local time, travelled to Eagle County Regional Airport, 

Vail, CO, and returned to Palomar Airpo1t at approximately 5:28 p.m. local time. 

13. Incident to the operation described in paragraph 12, an electronic flight display (EFD) 

switch became inoperative. 

14. Tango's PIC failed to enter or have entered in the aircraft maintenance log that the 

EFD switch was inoperative. 

15. On or about November 25,2014, December 19,2014, and December 22,2014, Tango 

operated multi-engine civil aircraft N258MS, a Hawker HS-125, on passenger 

carrying flights conducted under pmt 135. 
16. Incident to the operations described in paragraph 15, Mike Dawson certified that the 

crew rest, flight and duty times, crew training, and maintenance 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 of Operations provides that only the Director of Operations, the 

Chief Pilot, and the Director of Maintenance have authority to dispatch company 

aircraft. 

19. Mike Dawson does not hold one of the positions listed in paragraph 18, nor is he 

listed in Tango's manual as someone authorized to exercise operational control. 

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20. Tango's actions described herein were careless or reckless so as to endanger the lives 

or property of others. 

By reason of the foregoing, it appears that Tango failed to comply with the 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) of this section must 

provide for at least 10 consecutive hours of rest during the 24-hour period that 

precedes the planned completion time of the assignment. 

b. 14 C.P.R. §135.263 Flight time limitations and rest requirements: All certificate 

holders. No certificate holder may assign any flight crewmember to any duty with the 

certificate holder during any required rest period. 

c. 14 C.F.R § 135 .323(a)(l) Training program: General. Each certificate holder 

required to have a training program under§ 135.341 shall: Establish and implement a 

training program that satisfies the requirements of this 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 least the 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, if applicable. 

Emergency evacuation; Fire extinguishing and smoke control; Operation and use of 

emergency exits, including deployment and use of evacuation chutes, if applicable; 

Use of crew and passenger oxygen; Removal of life rafts from the aircraft, inflation 

of the life rafts, use of life lines, and boarding of passengers and crew, if applicable; 
Donning and inflation of life vests and the use of other individual flotation devices, 

if applicable. 

4 

e. 14 C.F.R §135.95(b) Airmen: Limitations on use of services. No ce1tificate holder 

may use the services of any person as an airman unless the person performing those 

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. The pilot in command 

shall enter or have entered in the aircraft maintenance log each mechanical 

irregularity that comes to the pilot's attention during flight time. Before each flight, 

the pilot in command shall, if the pilot does not already know, determine the status of 

each irregularity entered in the maintenance log at the end of the 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 of this chapter, or Part 135 of this chapter 

in violation of an 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 of this chapter. Each certificate holder must-List in the manual the 

names and business addresses of the 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, in the manual required by §135.21, 

the name and title of each person authorized by it to exercise operational control. 

j. 14 C.F.R §91.13(a) Careless or reckless operation. Aircraft operations for the 

purpose of air navigation. No person may operate an aircraft in a careless or reckless 

manner so as to endanger the life or property of another. 

Pursuant to 49 U.S.C. § 46301(a)(l ), Tango is subject to a civil penalty not to exceed $11,000 for 

each violation of the Federal Aviation Regulations. Under 49 U.S.C. § 46301(a)(2), a separate 

violation occurs for "each day the violation continues". After reviewing all of the 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 of this Final Notice; or mails or personally delivers, in writing, a request for a 

hearing in this matter within 15 days after receipt of this Final Notice, we will issue an Order 

Assessing Civil Penalty, and Tango will have no further right to a hearing. If Tango does not 

submit a written request for a hearing or pay an otherwise agreed-upon amount, it must pay the 

proposed civil penalty. Any request by Tango for a hearing must be sent to the address of the 

Hearing Docket as follows: 
For delivery by hand or expedited courier: 

Federal Aviation Administration 

600 Independence Avenue, S. W. 

For delivery by U.S. mail: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

5 

Wilbur Wright Building- Suite 2Wl 000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Bldg- Suite 2WIOOO 

A copy of any 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 check or 

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 should reference the case number above (Case No. 2015WP090037). To pay the civil 

penalty with a major credit over the internet or by electronic funds transfer, follow the Electronic 

Payment Instructions (enclosed). 

Any other communications regarding this matter should be addressed 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 Chief Counsel for Enforcement 

By: 4 Rob~er 

Attorney 

Enforcement Division, Western Team 
1601 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. 

A WP-230, SAN FSDO 

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