02/03/2015 07:53

In the matter of: 4252271007 ANH7
U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION 

### ) ) FAA DocketNo. CP" not assigned ) CaseNo.2015WP090037 PAGE 02/10

TANGO AIR,INC., dfb/a Schubach Aviation.

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# ~**------------------------~** JUDGE NOT ASSIGNED COMPLAINT The Complainant hereby files its Complaint, pursuant to Rule 208 ofthe Rules of Practice in FAA Civil Penalty Actions (14 C.F

### .R. § 

### 13 .208), and states as follows: 

### J. RespondentTango Air, ln.c., d/b/a Schubach Aviation (Taugo) was advised through a Notice ofProposed Civil Penalty dated

### March 20, 2015, andby a Final Notice ofProposed Civil Penalty dated January 28,2016, 

### that the FAA proposedto assess a civil penalty in

### the amount of 

### $47,000. By a 

### letter datedFebruary 

### 1, 20J 6, Respondent requested 

### a hearing. Th.e Enforcement Division, WesternTeamreceived Respondent's written request for 

### ahearing on February 1, 2016. II. I. Tango Air Inc. ("Tango") is now, and at all times mentioned hereinwas, the holder of Air Carrier Certificate No. L0MA488T, authorized to conduct on**d~mand** air carrier service under part 135 ofthe Federal Aviation Regulations.
2. On or about December 2, 2014, Tango operatedmulti-engine civil aircraft N547TW, a Cessna 525, on a passenger carrying flight conducted underpart 135 ofthe Federal02/03/2015 07:53 4252271007 ANM7 PAGE 03/10

Aviation Regulations, which landed at Palomar Airport, Carlsbad, CA, at approximately l 0:12p.m. local time. 

### 2

3. Subsequentto the above operation, Tango's Pilot 

### in Command (PIC) fol' the flight, Tango's ChiefPilot Jaroes Panknin, remained ondutyuntil approximately 10:30 p.m. local time. 4. Onor about December3, 2014, Tango's ChiefPilot James Pauknin reported for duty at 7:30a.m. 

### 5. On or about Decerober

### 3, 2014, with Tango's ChiefPilotJan1es Panknin as PIC, Tango operated multi·engine civil aircraft 

### N329BH, 

### a Cessna 

### 525B, on a passenger cacryingflight conducted under part 

### 135 ofthe Federal Aviation Regulations, which departed PalomarAirport, Carlsbad, CA, at approximately 8:14a.m. localtime, and .landed at Buchanan F.ield Airport, Concord, CA, at approximately 9:28 a.m. local tim.e. 6. Tango's ChiefPJlot James Pauknin did not have at least 10 consecutive hours ofrest during the 24-hour period thatpreceded the planned completiontime ofthe operations described in paragraph 5.02/03/2015 07:53 4252271007 ANM7 PAGE 04/10

7. Tango's Aircraft Flight Logs and PilotDuty Logs are required to be kept, made, or used to show compliance with panl35 requirements. 

### 3

8. Tango's ChiefPilot James Panknin certified that Tango pilot

### Mr. David Sparks had completed Initial New Hire Training on November 7, 2014, when 

### Mr. Sparks had not completedthe Initial New llire Training. 9. Tango's ChiefPilotJames Panknin certified thatTangopilot

### Mr. David Sparks had completed Emergency Ground Training onNovember 23, 2014, when 

### Mr. Sparks had not completed Emergency Ground Training.
10. As ofDecember 21, 2014, Taugo had still not completed either the Initial NewHire Training orthe Emergency Ground Training for

### Mr. Sparks. 11. Among other items, Tango failed to have Mr. Sparksperformthe emergency drills as required by 14 CFR §l35.33l(c). 12. On or about December 21, 2014, Tango operated multi,-eu.gi,ne civil aircraftN258MS, a Hawker HS-125, with Kenny Shepherd as PIC and David Sparks as Second in Command (SIC), on a passenger carrying flight conducted underpart 135 ofthe Federal Aviation Regulations, which departed Palomar Airport, Carlsbad, CA, at approximately l0:34 a.m. local time. travelled to Eagle County Regional Airport, Vail, CO, and returned to Palomar Airport at approximately 5:28p.m. local time.02/03/2015 07:53 4252271007 ANM7 PAGE 05/10 

### 4
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 aboutNovember 25, 2014, December 19, 2014, 

### and December 22, 2014, Tango operated multi-engine civil aircraftN258MS, a Hawker HS-125, on passenger carrying flights conducted under

### part 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 verifi.ed. 

### 1.7. lncident to the operations described in para.graph 

### 15, Mike Dawson dispatched the Tango aircraft for the 

### described operations.
18. 

### Tango's General Operations Manual Subparagraph S(b), 

### Authority for Operational Control- Director ofOperations provides that only the 

### Director of

### Operations, the ChiefPilot, and the Director ofMaintenance have authority to dispatch company aircraft02/03/2015 07:53 4252271007 ANM7 PAGE 05/10

19. Mike Dawson**do~s** not hold one ofthe positions listed in paragraph 18, nor is he listed in Tango's manual as someone authorized to exercise operational control. 

### 5

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


## m. I . By reason ofthe foregoing, Respondent violated:
a. 14 C.F.R 

### §!35.267(d) Flighttime limitations and rest requirements: Unscheduled one- and two-pilot crews. Each assignment under paragraph (b) ofthis section must provide for at least 10 consecutivehours ofrest during the 24-hour period that precedes the planned completiontime ofthe**assig~unent.** b. 14 C.F.R. §135.263 Flight time limitations and rest requirements: All certificate holders. No certi.ficate 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) Trainingprogram: General. Each certificate holder required to have a training program under 

### §135.341 shall: Establish and implementa trainingprogramthat satisfies the requirements ofthis subpart and that ensures that eachcrewmember, aircrafi dispatcher, flight instructor and check airman is adequately trained to perfonn his or her assigned duties.02/03/2015 07:53 4252271007 ANM7 PAGE 07/10 6
d. 14 C.F.R §135.331(c) Crewmember emergency trai,ning. Each crcwmember must perform at least the following emergency drills, using the proper emergency equipment and procedures, unless the AdministTator 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 and passenger oxygen; Removal oflife rafts fTom the aircraft, inflation ofthe liferafts, use oflifelines, and boarding ofpassengers and crew, ifapplicable; Donning and inflation oflife vests and the use ofoth.er individual flotation devices, if applicable.

e. 14 C.F.R §135.95(b) Airmen: Limitations on use ofservices. No certificate holder may use the services ofany person as an ain:nan unless the personperforming 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. Thepilot 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, ifthe pilot does not already know, determine the status of each irregularity entered in the maintenance log at the end ofthe preceding flight.02/03/2015 07:53 4252271007 ANM7 PAGE 08/10 

### 7 g. 14 C.F.R §119.50) Certifications, authorizations, and prohibitions. Nopersonmay operate an aircraft under this part, Part 121 ofthis chapter, or Part 135 ofthis chapter inviolation ofan air carrier operating certificate, operating certificate, or appropriate operations specifications issued under this part.
h. 14 C

### .F.R 

### §119.69(e)(2) Managementpersonnel required for operations conducted 1.mderpart !35 ofthis chapter. Each certificate holder must-Listin 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, in the manualrequired by§135.21, the name andtitle ofeach person authorized by it to exercise operational control. J. 

### 14 C.F.R. 

### § 9l.l3(a) Careless or reckless operation. Aircraft operations for tl1e purpose ofair navigation. No personmay operate an aircraft in a careless or reckless manner so as to endanger the life or property ofanother. 2. Pursuant to 49 U.S.C. 

### §46301(a)(l), Respondent is subject to a civil penalty not to 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.02/03/2015 07:53 4252271007 ANM7 PAGE 09/10 8 3. Under the facts and circumstlllices ofthis case lllld in a.ccordance with the Administrator's Sllllction Guidance in FAA Order 2150.3B, Appendix B, a civil penalty of $47,000 is appropriate for the violation(s) in this case. WHEREFORE, the Complainant respectfully requ.ests thatthe Administrative Law Judge enter an orderthatRespondent be assessed a civil penalty inthe amount of$47,000.

Date: 

## FEB 0 3 

## 2016 Respectfully submitted, Peter 

### J. Lynch Assistant ChiefCounsel

for Enforcement By: Robert Spitzer Attorney Enforcement Division, WesternTeam 1601 Lind Avenue S.W. Renton, WA 

### 98057 EmaU: Robert.soitzer@faa.gov Telephone; 

### (425) 227-2007 (main) (425) 227-1417 (direct) 

### (425) 227-1007 (fax)



### NOTE: Pursuantto 14 C.F.R. 

### § 13.209(a), a written answer to a complaint must be filed no later th;m thirty (30) days after service oftlte complaint.02/03/2015 07:53 4252271007**ANI~7** PAGE 10/10 9 CERTIFICATE OF SERVICE 

### I hereby certify that on this date, I have sent by U.S. Certified Mail- return 

### receipt requested, and one copy by facsimile, a copy ofthe foregoing complaint in the 

### matter ofTango Air, Inc., d!b/a Schubach Aviation, FAA Docket No. CP- not assigned, CaseNo. 20l5WP090037, to: Michael L. 

### Dworkin Mi.chael 

### L. Dworkin and Associates 465 CaJifomia Street, Suite 210 San Francisco, CA 94I04 Fax: 

### 415-421-2560 In addition, I hereby certify that on this date, I have sent by U.S. Certified Mail- return receipt requested, the original and one copy, and one copy by facsimile, of the foregoing document to: HearingDocket Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: HearingDocket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 Fax: 202-267-1293 Date: 

## FEB 03 201602/03/2015 07:53 4252271007 ANM7 PAGE 01/10

Hearing Docket Clerk, AGC-430, DOT Office of Hearings, and Michael Dworkin, Esq., To: oounsel for Respondent. Phone: Fax: (202)257-1293, 415-421-2560 From: Robert Spitzer**Ti~e:** FAA Attorney, ANM-7 

### Federal Aviation Administration Office ofthe Regional Counsel, ANM-7 1601 Lind Ave, S W Renton, WA 98057 Telephone: (425) 227-1417 Facsimile (425) 227-1007 Email: Facsimile I

# IDate: February 3, 2016 10 Description of item being transmitted: Pages wlcover: Complaint D Per your Request D For Review D Please Comment
D For Coordination )(,Hard Copy to Follow via U.S. Mail NOTES/COMMENTS: RE: Tango Air, Inc., dlbla Schubach Aviation, FAA Case No. 2015WP090037

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