U.S. Department 

of Transportation 

Federal Aviation 

Administration 

In Reply 

Refer to: AGL-7G 

R~CEIVED 

•~n.• 

~~~~~!NIG DOCKET 

Great Lakes Region 

2300 E. Devon Ave. 

Des Plaines, IL 60018 

Area Code 847/294-7313 

CERTIFIED MAIL 

April 16, 2013 

Hearing Docket 

Federal Aviation Administration 

BOO Independence Avenue, S. W. 

Washington, DC 20S91 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

Re: Trans North Aviation, Ltd. 

FAA Case No.: 2013-GL-03-0012 

Enclosed herewith please the request for hearing, and copy of·the 

'Complaint', that was originally signed and mailed on April 16, 2013. 

The FAA requests that the hearing in this matter be held in Chicago, 

IL, and expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned at: 

Enclosures: 

Federal Aviation Administration 

Regional Counsel (AGL-7) 

2300 East Devon Avenue 

Des Plaines, ·IL 60018 

\j/U0Ulli ~~ . ;J)~J~v ()Jeanette B.· DaubarQs 

Attorney . . . 

Request for Hearing 

Complaint 

cc: ·Respondent '(w/copy of Complaint) 
CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing 

Complaint by mailing the following copies, Certified and Regular Mail 

as follows: 

CERTIFIED AND REGULAR MAIL 

Original and 1 Copy: 

REGULAR MAIL 

One Copy: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2Wl000 

Mr. Ronald J. Schaberg 

President 

Trans North Aviaiton LTD 

Eagle River airport 

Box 1445 

Eagle River, WI 54521 

Charles R. Barnett, III 

1664 Moorland Lane 

Crystal Lake, IL 60015-2985 

Dated this 16th day of April, 2013. 

Yolanda Quiles 

Legal Technician 

FAA, Great Lakes Region 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

TRANS NORTH AVIATION, LTD. 

FAA DOCKET NO. (not assigned) 

(Civil Penalty Action) 

FDMS NO. (FAA - 2013-46) 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, 

hereby files its Complaint, pursuant to Rule 208 of the Rules of 

Practice (14 C.F.R. 13.208), and states as follows: 

I. 

1. Trans North Aviation Inc. (hereinafter, "Trans North") now 

holds and at all times 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 of 

a Piper, 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) (hereinafter referred to as the 

flight). 

4. The flight ended when N59773 crashed short of Chicago 

Executive Airport in Wheeling, Illinois. The crash resulted in 

three fatalities, including two passengers and Mr. Didier. 

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 assignment. 

II. 

1. By reason of the foregoing facts and circumstances, 

Respondent violated the following section of the Federal Aviation 

Regulations: 

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 24-hour period 

that precedes the planned completion time of the assignment. 

2. Pursuant to Title 49 of the United States Code, Section 

46301 (49 U.S.C. § 46301), Respondent is subject to a civil 

penalty not to exceed $11,000 for each violation alleged. 

3. Under the facts and circumstances of this case, a civil 

penalty of $7,500.00 is appropriate. 

2 
WHEREFORE, the Agency, by counsel, respectfully requests that the 

Administrative Law Judge enter an Order that Respondent be 

assessed a civil penalty in the amount of $7,500.00. 

Respectfully submitted this 16th day of April, 2013 

eanette B Daubaras, Atto ey 

Federal Aviation Administration 

Great Lakes Region, AGL-7G 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Telephone: 

Facsimile: 

Email: 

(84 7) 294-7313 

(847) 294-7498 

jeanette.b.daubaras@faa.gov 

3 
CERTIFICATE OF SERVICE 

The undersigned certifies that the foregoing Complaint was served via Certified Mail, Return 

Receipt Requested and Regular mail to the Hearing Docket and as follows and regular mail 

to Mr. Schaberg, President Trans North Aviation, LTD and by regular mail to Mr. Barnett, 

III, Esq. at the following addresses : 

Original and One Copy: 

One Copy 

One Copy: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

Mr. Ronald J. Schaberg 

President 

Trans North Aviation LTD 

Eagle River Airport 

PO Box 1445 

Eagle River, WI 54521 

Charles R. Barnett, III 

1664 Moorland Lane 

Crystal Lake, IL 60014-2985 

Dated this 16'h day of April, 2013. 

4 

Y ol da Quiles 

Leg Technician 

FAA Great Lakes 
To: Page 2 of 2 2013-0:3-2617:37:13 (GI'v'IT) 1.S15:3567042 From: C::h,.des Barnett 

BARNETT & 

BORTH,LLC 

ATTQRN'EY:-5 AT LAW 

8QQ. Waukegan Road, Suite 200 • Glerwi~IN;Ulir;ois 60025 

847-724-5520 

March 26, 2013 

Hearing Docket 

Federal Avi&tion Admlnistr&tion. 

800 IndeyendenceAveuue;S. W. 

Washlt).gton, DC 20591 

Attention: Hearing Docket Clerk,AGC·430 

Wi!bt;r Wright.Building- Suite 2Wl00() 

Via.facsimile 202 49~-5 H2 il!lQ 

Qt>. G~rtiiiedMail 

RE: AMENDEDREQUESTFOR.HEARING AND ANSWERTONOTlChOFPROPOS.EU 

CIVIL PENALTY 

AGL-71 

2()12-GL-0.3-QQL? . 

. ······· .. . . ATTN: Jiearing DQ<:Icet Cktlc .· ... , .... __ 

)3yvi.@.le ofthe.Administrative LavvJudge, RiChard C. Goodwin's Order ofMarch 20, 

2013, please be advised that Respondents Trans North Aviation and Ronald J. Schaberg 

respectful! y renew their re.q uesta he 'Iring in this matter pursuant to 14 CPR § 13..16. 

Furthermor;:, Respondents Trans North Aviation and Ronald J. Schaberg provide the following 

answers to Complainant's Notice of Proposed Civil Penalty a copy ofwhich is attached hereto as 

exhibit A 

1) admitted 

2) admitted 

3) admitted 

4) admitted 

5} denied 

6) Re;~pondent,~ ft!tlherdeny a)l mleg;ations of yiql.atiG!l p( 14 CFR s~~tiQn l~.'ic7€57(CI) :1$ set 

forth. 

Encl. 

:c.c_: 

BARNETT & BORTH, LLC 

·~ 

Charles R. Barnett, lll 

Attorney at Law 

Jeanette Dabanras, Esq. (witho.Ul{;ncl.) Via facsimile and US Mail 

LAKE IN THE HILlS AlRPORT OFFICE 

8411P'(OTIROAD • 5UITE110 • LAKE1'< THEHILIS•lLUNOIS•60156