02/03/2015 07:53 

In the matter of: 

4252271007 ANH7 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

) 

) FAA Docket No. CP" not assigned 

) CaseNo.2015WP090037 

PAGE 02/10 

TANGO AIR, INC., dfb/a Schubach 

Aviation. ~ \='l)~Yys ·, ,~0 \'5 ·- 00\ ~ ------------------------~ 

JUDGE NOT ASSIGNED 

COMPLAINT 

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

Practice in FAA Civil Penalty Actions (14 C.F .R. § 13 .208), and states as follows: 

J. 

Respondent Tango Air, ln.c., d/b/a Schubach Aviation (Taugo) was advised through a 

Notice of Proposed Civil Penalty dated March 20, 2015, and by a Final Notice of Proposed Civil 

Penalty dated January 28,2016, that the FAA proposed to assess a civil penalty in the amount of 

$47,000. By a letter dated February 1, 20J 6, Respondent requested a hearing. Th.e Enforcement 

Division, Western Team received Respondent's written request for a hearing on February 1, 

2016. 

II. 

I. Tango Air Inc. ("Tango") is now, and at all times mentioned herein was, the holder of 

Air Carrier Certificate No. L0MA488T, authorized to conduct on d~mand air carrier 

service under part 135 of the Federal Aviation Regulations. 

2. On or about December 2, 2014, Tango operated multi-engine civil aircraft N547TW, 

a Cessna 525, on a passenger carrying flight conducted under part 135 of the Federal 
02/03/2015 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. Subsequent to the above operation, Tango's Pilot in Command (PIC) fol' the flight, 

Tango's Chief Pilot Jaroes Panknin, remained on duty until approximately 10:30 p.m. 

local time. 

4. On or about December 3, 2014, Tango's Chief Pilot 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 

cacrying flight conducted under part 135 of the Federal Aviation Regulations, which 

departed Palomar Airport, Carlsbad, CA, at approximately 8:14a.m. local time, 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 that preceded the planned completion time of the 

operations described in paragraph 5. 
02/03/2015 07:53 4252271007 ANM7 PAGE 04/10 

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

used to show compliance with panl35 requirements. 

3 

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 llire 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, Taugo 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 §l35.33l(c). 

12. On or about December 21, 2014, Tango operated multi,-eu.gi,ne 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 l 0:34 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 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 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 of Operations provides that only the Director of Operations, the 

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

aircraft 
02/03/2015 07:53 4252271007 ANM7 PAGE 05/10 

19. Mike Dawson do~s 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. 

5 

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

or property of others .. 

m. 

I . By reason of the foregoing, Respondent violated: 

a. 14 C.F.R § !35.267(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 1 0 consecutive hours of rest during the 24-hour period that 

precedes the planned completion time of the 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 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, 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, 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 fTom the aircraft, inflation 

of the life rafts, use oflife lines, and boarding of passengers and crew, if applicable; 

Donning and inflation of life vests and the use of oth.er individual flotation devices, if 

applicable. 

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

may use the services of any person as an ain:nan 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 § 13 5.65(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. 
02/03/2015 07:53 4252271007 ANM7 PAGE 08/10 

7 

g. 14 C.F.R §119.50) Certifications, authorizations, and prohibitions. No person may 

operate an aircraft under this part, Part 121 of this chapter, or Part 135 ofthis chapter 

in violation of an air carrier 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 

1.mder part !35 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. § 9l.l3(a) Careless or reckless operation. Aircraft operations for tl1e 

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. 

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 of the 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 of this 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 that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $47,000. 

Date: FEB 0 3 2016 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

By: 

Robert Spitzer 

Attorney 

Enforcement Division, Western Team 

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: 

Pursuant to 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 of the foregoing complaint in the matter of Tango 

Air, Inc., d!b/a Schubach Aviation, FAA Docket No. CP- not assigned, Case No. 

20l5WP090037, to: 

Michael L. Dworkin 

Mi.chael L. Dworkin and Associates 

465 CaJifomi a Street, Suite 21 0 

San Francisco, CA 94 I 04 

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: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

Fax: 202-267-1293 

Date: FEB 0 3 2016 
02/03/2015 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 of the Regional Counsel, ANM-7 

1601 Lind Ave, S W 

Renton, WA 98057 

Telephone: (425) 227-1417 

Facsimile (425) 227-1007 

Email: 

Facsimile I 

I Date: 

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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