B2/25/2Bl3 14:39 8472947498 FAA GLRC

To; Company: Phone:------------ 

## :20 2.. 

# rftt**~ ~5**  

# 1'-12--

# ZJ_,Q~ 

# .. If**a~~~ .2./2.~**  

# po13
. . , Fax: 

### From:

lltle: Date: Pages w/cover: .___,_{_,(
__ 

### RE: PAGE 01/11


### Federal Aviation Administration Regional Counsel's Office,AGL-7 2300 East Devon Avenue Des Plaines, Illinois 60018 T 847-294" F847·294-7498
Facsimile02/25/2013 14:39

U.S. Deportment of Tran•porl'otlon Federal Aviation Administration 8472947498

February 26, 2013 Hearing Docket Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attention Hc::aring Docket Clerk, AGC-430 Wilber Wright Building- Suite 2Wl000 FAA GLRC



### RE: LateFiled 

### Request for Hearing 2012-GL"03"00l2 TRANS NORTH AVIATION Ronald J, Schaberg, President ATTN: HearingDocket Clerk Great Lakes Region 2SOO E. Devon**Avenu~** Des Plaines, IL 60018 PAGE 02/11

Federal Aviation Administration, by and through counsel, objects to the late filing of the appeal oftbe Final Notice ofProposed CiviJ Penalty case number20 12-GL-03·0012 filed by Mr. Charles R. Barnett, III, Attorney at Law on behalfofTrans North Aviation, Ronald J, Schaberg, President. Attached is a Motionto Deny the late filed appeal. All correspondence regarding this matter should be directed to: Jeanette B. Daubaras Esq. Federal Aviation Administration Office ofthe Regional Counsel, Great Lakes Region 2300 East Devon Ave. Des Plaines, Illinois 600 18 Sincerely,

# ~~§JY~ Attorney02/25/2013 14:39 8472947498 FAA GLRC PAGE 03/11 2 CERTIFICATE OF SERVICE
I hereby certify that I have, this date, served the foregoing Late Filed Request for Hearing by mailing the following copies, Ovemi,ght and Facscimile as follows: Overnight Mail and Regular Original and 1 Copy:

Facsimile and Regular Mail One 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 2W1000 Facsimile: (202) 493-5142

Charles R. Barnett, 

### UI Attorney at Law Lake inthe Hills Airport (3CK) 8411 Pyott Road, Suite 110 Lake inthe Hills, IL 60156-9704 Facsimile: (815) 356-7042

Mr. Ronald J. Schaberg President Trans North Aviation LTD Eagle River Airport POBox 1445 Eagle River, WI 54521
Dated this 26th day ofFebruary, 2013.

fA.!-/LW''-"' /

# ()~ an a Quiles 

# Q'l gal Technician FAA, Great Lakes Region02/25/2013 14:39 8472947498 FAA GLRC

THE FEDERAL AVIATION ADMINSTRATION'S MOTION REQUESTING THE LATE FILED REQUEST FOR HEARING BY TRANS NORTH AVIATION, LTD. BE DENIED AS UNTIMELY The Agency, by and through counsel, hereby requests that the late filed Request for Hearing inthe matter of Trans North Aviation, LTD, Ronald Schaberg, President, 2012- GL-03-00 12 be denied and in support thereofstates as follows: 

### 1. On January 15,2013, a Final Notice ofProposed Civil Penalty (FNOPCP) was mailed by certified and regular mall to Mr. Ronald Schaberg, President ofTrans North Aviation, LTD, at the Eagle River Airport, P.O. Box 1445 by regular and certified maiL Tracking withthe U.S. Post Office indicates that on January 17'\ 20 13 a notice was left in the designated Post Office Box for Mr. Schaberg (See Exhibit A). PAGE 04/11

2. Mr. Schaberg's Attorney and Representative, Charles Barnett, III, was also sent a copy ofthe FNOPCP on January 15,2012by regular mail and he was familiar with the regulations as well as time limitations for responses that was provided for in the FNOPCP (Exhibit B, pg,). 3. The FNOPCP providedthatwithin 15 days the Civil Penalty of$7500.00 had to be paid or a Requ.est for Hearing had to be filed in accordance with 13.16 (g)(2) (Exhibit A). 4. The Final Notice ofProposed Civil Penalty (FNOPCP) was accompanied by a cover letter indicatingthat all information provided at the informal conference on October 16, 2012 with Barnett and Schaberg, as well as the additional information provided by electronic mail on or about November 29,2012. had been considered and all options were included in the FNOPCP (Exhibit B)
.. 5. On February 21,2013, the Agency received a Certified letter that included the Request for Heating pursuant to 14 CFR § )3.16. Attached was an Affidavit by Mr. Schaberg stating he was out oftown on business Janua1y 27, to February 1, 2013, and that he had notreceived the FNOPCP until Febmary 2, 2013. He also states that his mail is forwarded to his residence in South Carolina (Exhibit C). 6. Mr. Schaberg also states that Mr. Barnett, his Attorney, was not given the authority to file a "Notice ofAppeal".02/25/2013 14:39 8472947498 FAA GLRC

7. Mr. Schaberg states that he had no way ofknowing, nor should he bave known that a final notice would have been issued in his absence. However, he attended the informal conference and knewthat a decision was pending and so did his attorney. 8. Mr. Schaberg, nor Mr. Barnett ever notified the FAA that he was going to be out oftown for any period oftime. Therefore, the FAA properly filed the Final Notice ofProposed Civil Penalty in a timely manner and the Request for Hearing by Trans North Aviation LTD, Mr. Schaberg, President, should be deemed to be untimely and the Request for Hearing denied. Respectfully submitted,

# ~b:&~ Federal Aviation Administration Office ofthe Regional Counsel, Great Lakes Region 2300 East Devon Ave. Des Plaines, IL 60018 

### (847) 294-7313 FAX (847) 297-7498 PAGE 05/1102/25/2013 14:39 8472947498 USPS.com®

- Track & Conl'i.nn
E.ngllsh Cw;tomel' Service 

# uUSPS.COM.

Quick Tools 

# Track 

# & Confirm

GE.T EMAIL UPDATES**P~INT** DEIAii...S YOUR**LAB~l** NUMJ!ER**7001258000021~597721** www, usp!il.COm/redellvery or earling**MO.-ASK~** VSPS, or meY piek up the item .at the Post Office indicated on lhe notice. lf1his nem is unclalmed**afl~-r** 15 days then il: will be retumed to the sender. lnformatlon 1 Ifavailable, Is**updat~d** periodically throLigMut the day. Please check aMin letQr."::-

Check on Another Item VVhat's your label (or receipt) numb.,r?

LEGAL Prlvacy Policy ) Terms of Use} FOIA > No FEAR Act !';EO Data > Copyrlgh(© 2013 USPS. All Rights Reserved. FAA GLRC

USPS Mobile

Ship a Package

SERV1C!ll'.

ON US!'S.COM Government Servlce5**~** Buy Stamps & Shop ' Send Mail

.STATUS OF YOUR lfJ;.M Notice Left

Arrival at unit Depart USPS Sort Facility Processed through USPS Sort Facility

Find

Print a Label with Postage ) Customer Service ) Site lndex >

https://tools.usps.com/gofrrackConfinnAction.action PAGE 05/11 Page 1 of 1

Manage Your Mail

CATE & TIME January 17, 2013, 7:46am

January H. 2013, 7:42am ·January 16, 2013

January 16, 2013, 11:17 pm

ON ABOUT,USPS.COM About USPS Homo , Nswsroom) Mail Service Updates , Farms & Publications > Careers )



### 1/2:2/201302/25/2013 14:39

In Reply
.

Refer to: 8472947498

AGL-71 2012-GL-03-0012 FAA GLRC PAGE 07/11

Area Code 847.294.7057 January 15,2013
CERTIFIED & REGULARMAIL 

### 1vfr. Ronald 

### J. Schaberg President TransNorth. AviationLTD Eagle River Airport PO Box 1445 Eagle River, M 54521 FINAL NOTICE OF PROPOSED CIVIL PENALTY On July 12,2012, you were advised through aNotice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty against youinthe amount of$ 15,000.00. After consideration ofall ofthe available information, and based onthe information you provided at and afterthe informal conference, it

### has been determined that: 

### 1. Trans North Aviation Inc. (hereinafter, "Trans North") now holds and at all 

### tunes mentioned herein held Air Carrier CertificateNumber EBFA443D that authorizes Trans North to conduct operations under Part 135 ofthe FederalAviation Regulations. 2. At all times mentioned herein, William Didier, holder ofAirline Transport Pilot Certificate Number 3067631, 

### was authorizedto 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-Co=and ofa Piper, PA-31-350, N59773, on aPart 135 flight operated by Trans Northfrom Jessup-Wayne CountY Airport, Georgia (K.JES), with an intended destination ofChicago Executive Airport, Wheeling, Illinois (KPWK). (the flight)02/25/2013 14:39 8472947498 FAA GLRC

4. The flight ended when N59773crashed short ofChicago Executive Airport in Wheeling, Illinois. The crash resulted inthree fatalities, including two passengers and 

### J\lfr. Didier. PAGE 08/11 

### 2

5. Trans Northassigned 

### Mr. Didier as Pilot-in-Command ofthe flight onNovember 28, 2011, which did not provide for atleast 10 consecutive hours ofrest during the 24-hourperiod thatprecededthe planned completion time ofthe flight assignment. By reason ofthe facts and circumstances described above, Trans Northviolated the following Federal Aviation Regulation: 14 CFRSection 135.267(d), which states that each assignment under paragraph (b) of this sectionmust provide for at least 10 consecuti,ve hours ofrest during the 24-hour period th.at precedes the planned completion time ofthe assignment In accordan.ce withTitle 49 oftheUnited States Code, Section §46301 or §46303 (49 U.S.C. §46301 or §46303), you are subject to a civil penaltynotto exceed for each violation ofthe regulations $11,000.00. Therefore, by reason ofthe foregoing facts and circumstances, we propose to assess a civil penalty 

### in the amount of$ 7,500.00. Within fifteen (15) days afteryourreceipt ofthis Final Notice ofProposed Civil Penalty,you must elect to either submit thefull civil penalty amount of$7500.00 or request a formal hearing. Ifyou 

### fail to respond with one ofthese alternatives, an Order Assessing Civil Penalty, requiring payment ofthefull amount ofthe proposed civil penalty, will he issued.

. 

### . . Shouldyou electto submit the civil penalty, please mail or deliver a certified check or money order, payable to the Federal Aviation Administration, to the Federal AviationAdministration, Office ofRegional Counsel;2300 EastDevon Avenue (AGL-7, Room 479), Des Plaines, Illinois 60018. Please include,.onthe certified check or money order, the FAA case number (2012-GL-03-0012), which is located at thetop ofthis Order. Inthe alternative, youmay pay your civJl penalty with a credit card, or a bank account debit, over the Internet. To pay electronically, visitthe web site at https://www.pay.gov. Under the Search Public Fonns option, type in "FGL-FJNEI." Click on "Civil Penalty Payments- Great Lakes Region". Youmustthen completetherequested information and click "Continue." You will then be directed to enter your credit card or bank account debit infonnation. To use thebaok account debit, you will needyour bank routing nmnber, accoun,t number, and check number.02/25/2013 14:39 8472947498 FAA GLRC PAGE 09/11

Should you elect to request a formal bearing, youmust file a typewritten or legibly handwritten request for hearing with the hearing docket clerk at: Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, S.W., Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430, Wilber Wright Building- Suite 2Wl000. You must also mail a copy ofyour requestfor hearing to the undersigned attorney at the address provided inthe previous paragraph. Yourrequestmust be dated and signed, in accordance with Section 13.16 ofthe Federal AviationRegulations (14 C.P.R. 13.16), a copyofwhich was sent to youwith theNotice ofProposed Civil Penalty.

cc: Charles Barnett, 

### Til Attorney at Law Lake inthe Hills Airport (3CK) 8411 Pyatt Road, Suite 110 Lake 

### in the Hills, IL 60156-9704 By:

cc: AFS-760/FSD0-03 (Insp. Boennann) Jeffrey A. Klang Regional Counsel

Adrianne Wojcik Attorney

AGL-7J:tjg: 1114/13:g:tg:aaw:transnorth.finalnotioe.doc 302/25/2013 14:39 8472947498 FAA GLRC

U.S. DEPARTMENT OF TRANSPORTATION

FEDERALAVJATION ADMlNISRATION AFFIDAVIT OF RECEIPT QF FINAL NOTIQE OF PRQPOSEp CIVIL PENALTY HAVING 80ME before the undersignedNotary duly &uthorized to administer oaths,
. RONALDJ. SCHAEERG, did state under oath after being properly =m, thatthe following statements are true and accurate. 1. I am the president ofTransNorth, Aviation, LID. 2. The address ofTrans NorthAviation, LTD is P.O. Box 1445, Eagle River, Wisconsin. 3. US Mail is forwarded to my residence in SouthCarolina. 

### 4. I was out ofstate on business from January 27"' to February 1, 2013. 5. Priorto my departure, I had received no**corre~pondence** inthepreceding month from thePAA 6. On February 2, 2013, I received a FINALNOUCE OF PROPOSED ClVIf. PENALTY dated

### January 15, 2013- 7. I didnot authori7,.e my attorney to file a Notice ofAppeal priorto my departure because I had no way ofknowing, nor should 1hawknownthat a final notice would havebeen issued in. my absence. 8. I wishto file this time appeal. based up

### em. my actual receipt ofthe FINAL NOTICE OF PROPOSED CIVIL PENALTY. AFFIANT FURTHER SAYETI! NAUGHT This

### fl._ day·ofFebrumy, 2013.

# RO~tt;G President, TransNorth Aviation, LTD. Page 

### ll of2 

### ,, •.'. '"...,' 

# .... .:, ..... v '• '•. 

# ..• ·. 

### . PAGE 10/1102/25/2013 14:39 8472947498

County of 

### 0**g.'>'')~** State ofSouth Carolina
Swornbefore me this 

### t ':\-da.y ofFebruary, 2013.

My Coml11J.'ssion Expires: \ 

### J ·- \-

### ~**o~S**

Page 12 o.f2 FAA GLRC



### ·.,. PAGE 11111



## --



# ,

. ..-:::._.**~·** ' .,**~-** 

### -.