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RE: 

PAGE 01/11 

Federal Aviation 

Administration 

Regional Counsel's Office,AGL-7 

2300 East Devon Avenue 

Des Plaines, Illinois 60018 

T 847-294" 

F 847·294-7498 

Facsimile 
02/25/2013 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 2Wl 000 

FAA GLRC 

RE: Late Filed Request for Hearing 

2012-GL"03"00l2 TRANS NORTH AVIATION 

Ronald J, Schaberg, President 

ATTN: Hearing Docket 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 of Proposed CiviJ Penalty case number 20 12-GL-03·00 12 

filed by Mr. Charles R. Barnett, III, Attorney at Law on behalf of Trans North Aviation, 

Ronald J, Schaberg, President. Attached is a Motion to Deny the late filed appeal. 

All correspondence regarding this matter should be directed to: 

Jeanette B. Daubaras Esq. 

Federal Aviation Administration 

Office of the Regional Counsel, Great Lakes Region 

2300 East Devon Ave. 

Des Plaines, Illinois 600 18 

Sincerely, 

~~§JY~ Attorney 
02/25/2013 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 in the Hills Airport (3CK) 

8411 Pyott Road, Suite 110 

Lake in the 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 of February, 2013. 

an a Quiles 

fA.!-/LW''-"' Q'l / ()~ gal Technician 

FAA, Great Lakes Region 
02/25/2013 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 in the matter of Trans North Aviation, LTD, Ronald Schaberg, President, 2012-

GL-03-00 12 be denied and in support thereof states as follows: 

1. On January 15,2013, a Final Notice of Proposed Civil Penalty (FNOPCP) was 

mailed by certified and regular mall to Mr. Ronald Schaberg, President of Trans 

North Aviation, LTD, at the Eagle River Airport, P.O. Box 1445 by regular and 

certified maiL Tracking with the 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 of the FNOPCP on January 15,2012 by 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 provided that within 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 of Proposed Civil Penalty (FNOPCP) was accompanied by a 

cover letter indicating that 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 of town on business Janua1y 27, to February 1, 

2013, and that he had not received 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 of Appeal". 
02/25/2013 14:39 8472947498 FAA GLRC 

7. Mr. Schaberg states that he had no way of knowing, nor should he bave known 

that a final notice would have been issued in his absence. However, he attended 

the informal conference and knew that 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 

of town for any period of time. 

Therefore, the FAA properly filed the Final Notice of Proposed 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 of the Regional Counsel, Great Lakes Region 

2300 East Devon Ave. 

Des Plaines, IL 60018 

(84 7) 294-7313 

FAX (847) 297-7498 

PAGE 05/11 
02/25/2013 14:39 8472947498 

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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 & REGULAR MAIL 

1vfr. Ronald J. Schaberg 

President 

Trans North. Aviation LTD 

Eagle River Airport 

PO Box 1445 

Eagle River, M 54521 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On July 12,2012, you were advised through a Notice of Proposed Civil Penalty that the FAA 

proposed to assess a civil penalty against you in the amount of$ 15,000.00. 

After consideration of all of the available information, and based on the information you 

provided at and after the 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 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-Co=and of a Piper, PA-31-350, 

N59773, on aPart 135 flight operated by Trans North from Jessup-Wayne CountY Airport, 

Georgia (K.JES), with an intended destination of Chicago Executive Airport, Wheeling, 

Illinois (KPWK). (the flight) 
02/25/2013 14:39 8472947498 FAA GLRC 

4. The flight ended when N59773crashed short of Chicago Executive Airport in 

Wheeling, Illinois. The crash resulted in three fatalities, including two passengers and J\lfr. 

Didier. 

PAGE 08/11 

2 

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. 

By reason of the facts and circumstances described above, Trans North violated the following 

Federal Aviation Regulation: 

14 CFR Section 135.267(d), which states that each assignment under paragraph (b) of 

this section must provide for at least 10 consecuti,ve hours ofrest during the 24-hour 

period th.at precedes the planned completion time of the assignment 

In accordan.ce with Title 49 of the United States Code, Section §46301 or §46303 (49 U.S.C. 

§46301 or §46303), you are subject to a civil penalty not to exceed for each violation of the 

regulations $11,000.00. Therefore, by reason of the foregoing facts and circumstances, we 

propose to assess a civil penalty in the amount of$ 7,500.00. 

Within fifteen (15) days afteryour receipt of this Final Notice of Proposed Civil Penalty,you 

must elect to either submit the full civil penalty amount of $7500.00 or request a formal 

hearing. If you fail to respond with one of these alternatives, an Order Assessing Civil 

Penalty, requiring payment ofthe full amount of the proposed civil penalty, will he issued. . . . 

Should you elect to submit the civil penalty, please mail or deliver a certified check or money 

order, payable to the Federal Aviation Administration, to the Federal Aviation Administration, 

Office of Regional Counsel;2300 East Devon Avenue (AGL-7, Room 479), Des Plaines, 

Illinois 60018. Please include, .on the certified check or money order, the FAA case number 

(2012-GL-03-0012), which is located at the top of this Order. 

In the alternative, you may pay your civJl penalty with a credit card, or a bank account debit, 

over the Internet. To pay electronically, visit the 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". You must then complete the requested information and click "Continue." 

You will then be directed to enter your credit card or bank account debit infonnation. To use 

the baok account debit, you will need your 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, you must 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 of your request for hearing to the undersigned attorney at the address 

provided in the previous paragraph. Your request must be dated and signed, in accordance 

with Section 13.16 of the Federal Aviation Regulations (14 C.P.R. 13.16), a copy of which 

was sent to you with the Notice of Proposed Civil Penalty. 

cc: Charles Barnett, Til 

Attorney at Law 

Lake in the 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-7 J :tjg: 1114/13 :g:tg:aaw:transnorth.finalnotioe.doc 

3 
02/25/2013 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 undersigned Notary duly &uthorized to administer oaths, . 

RONALD J. SCHAEERG, did state under oath after being properly =m, that the following 

statements are true and accurate. 

1. I am the president ofTrans North, Aviation, LID. 

2. The address of Trans North Aviation, LTD is P.O. Box 1445, Eagle River, 

Wisconsin. 

3. US Mail is forwarded to my residence in South Carolina. 

4. I was out of state on business from January 27"' to February 1, 2013. 

5. Prior to my departure, I had received no corre~pondence in the preceding month from 

thePAA 

6. On February 2, 2013, I received a FINAL NOUCE OF PROPOSED ClVIf. 

PENALTY dated January 15, 2013-

7. I did not authori7,.e my attorney to file a Notice of Appeal prior to my departure 

because I had no way of knowing, nor should 1 haw known that a final notice would 

have been issued in. my absence. 

8. I wish to file this time appeal. based up em. my actual receipt of the FINAL NOTICE 

OF PROPOSED CIVIL PENALTY. 

AFFIANT FURTHER SA YETI! NAUGHT 

This fl._ day·ofFebrumy, 2013. 

President, 

RO~tt;G Trans North Aviation, LTD. 

Page ll of2 

,, 

•.'. '"...,' .... .:, ..... v 

'• '• . ..• ·. . 

PAGE 10/11 
02/25/2013 14:39 8472947498 

County of 0 g.'>'')~ 

State of South Carolina 

Sworn before me this t ':\-da.y of February, 2013. 

My Coml11J.' ssion Expires: \ 

J ·- \- ~ o~S 

Page 12 o.f2 

FAA GLRC 

·.,. 

PAGE 11111 

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