SERVEDAPRIL2,2013 RECEIVED 

U.S. DEPARTMENT OF TRANSPORTATION Ai'R 1· 0 2013 

OFFICE OF HEARINGS 

WASHINGTON, D.C. HEARING DOCKET 

IN THE MATTER OF 

TRANS NORTH AVIATION, LTD 

FAA DOCKET NO. (2012-GL-03-0012) 

(Civil Penalty Action) 

TRANS NORTH AVIATION, LTD'S REPLY TO 

THE FAA'S MOTION TO RECONSIDER ORDER 

DENYING COMPLAINANT'S MOTION 

OR 

IN THE ALTERNATIVE 

\,.,,.)., . .,\ 

TRANS NORTH AVIATION'S LTD LATE REQUEST FOR HEARING 

FOR GOOD CAUSE SHOWN 

TRANS NORTH AVIATION, LTD., by and through its counsel, BARNETT & BORTH, 

LLC, pursuant to 14 C.F.R §13.218(d) hereby files its reply to the FAA's Motion Requesting the 

Late Filed Request for Hearing by Trans North Aviation, LTD Be Denied As Untimely and 

states as follows: 

1. The FAA admits that it did not receive the Domestic Return Receipt (herein "green 

card") for the Final Notice of Proposed Civil Penalty (FNOPCP) until February 4, 

2013. 

2. The green card did not indicate a date that it was received by Trans North Aviation, 

LTD (Administrator's Exhibit B). 
3. The green card should have only traveled from Green River, Wisconsin to the FAA's 

Regional Office in Des Plaines, Illinois (located in northern Illinois). 

4. It is reasonable to expect the travel time for US Mail from Wisconsin to Illinois to be 

less than three days. 

5. The person that customarily receives mail on behalf of Trans North Is Karen 

Beyersdorf. 

6. Ms. Beyersdorf has tendered a sworn affidavit that sates she did not receive or sign a 

Domestic Return Receipt (green card) form associated with any US Certified Mail 

from the Federal Aviation Administration during the month of January 2013 

(Administrator's Exhibit A). 

7. If Ms. Beyersdorf signed the green card on February 1, 2013 it is reasonable to expect 

that the FAA would have received it on February 4, 2013. 

8. The FAA has not alleged that it has been prejudiced by this delay, which amounts to a 

matter of days. In fact, the FNOPCP was issued some three months following the 

informal conference held in this matter on October 16, 2013. 

9. Based upon a receipt of the FNOPCP of February 1, 2013, Trans North's Request for 

Hearing was timely filed on February 19, 2013 (February 16- 18 were weekend and 

legal holiday days) 1

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1. § 13.44 Computation of time and extension of time, reads: 

(a) In computing any period of time prescribed or allowed by this subpart, the date of the act, event, 

default, notice or order after which the designated period of time begins to run is not to be included in the 

computation. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or 

legal holiday for the FAA, in which event the period runs until the end of the next day which is neither a 

Saturday, Sunday nor a legal holiday. 

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10. Assuming, arguendo, Trans North Aviation's Request for Hearing is considered 

untimely, untimely request for a hearing will be excused for good cause shown (In the 

Matter of Ryan International, FAA Order No. 2002-2, citing In the Matter of Larsen, 

FAA Order No. 1994-27). For the aforementioned reasons Trans North Aviation has 

shown good cause as to why its Request for Hearing was filed on February 19,2013. 

11. Trans North requests an opportunity to be heard before an administrative law judge. 

WHEREFORE, Trans North Aviation, LTD respectfully requests that FAA's Request 

for Reconsideration be denied and the administrative law judge's order remains in effect 

allowing Trans North Aviation, LTD to proceed with its appeal. In the alternative, Trans North 

Aviation, LTD requests that the Hearing Officer grant an extension of time for filing its Request 

for Hearing for good cause shown. 

Dated: April 2, 2013 

Charles R. Barnett, Ill 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

(84 7) 809-9520 

(815) 356-7042 (FAX) 

Respectfully submitted, 

~ Attorney for Respondent 

Trans North A viatiol}, LTD 

(b) Upon written request filed with the Hearing Docket and served upon all parties, and for good cause 

shown, a Hearing Officer may grant an extension of time to file any documents specified in this subpart. 

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CERTIFICATE OF SERVICE 

The undersigned certifies that the foregoing Reply to Motion was served via facsimile 

and Certified Mail, Return Receipt Requested as follows: 

ORIGINAL AND ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 000 

FAJ(: 202-493-5142 

ONE COPY 

Jeanette Daubaras, Complainant's Counsel 

Great Lakes Region, AGL-7M 

Federal Aviation Administration 

2300 East Devon A venue 

Des Plaines, IL 60018-4696 

FAJ(: 847-294-7498 

Dated this 2nd day of April, 2013. 

~'----- Attorney for Respondent 

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