SERVEDAPRIL2,2013 

# RECEIVED
U.S. DEPARTMENT OF TRANSPORTATION 

## Ai'R 1· 02013 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 NORTHAVIATION, LTD'S REPLYTO THE FAA'S MOTIONTO RECONSIDER ORDER DENYING COMPLAINANT'S MOTION OR IN THEALTERNATIVE \,.,,.).,. .,\

TRANS NORTHAVIATION'SLTD LATEREQUEST FORHEARING FORGOOD 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 ofProposed 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 inDes Plaines, Illinois (located innorthern Illinois). 4. It is reasonable to expect the travel time for US Mail from Wisconsin to Illinois to be less thanthree days. 5. The person that customarily receives mail on behalf of Trans North Is Karen Beyersdorf. 6. Ms. Beyersdorfhas 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. IfMs. Beyersdorfsigned the green card onFebruary 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 beenprejudiced bythis delay, which amounts to a matter ofdays. In fact, the FNOPCP was issued some three months following the informal conference held inthis matter on October 16, 2013. 9. Based upon a receipt ofthe FNOPCP ofFebruary 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•

1. § 13.44 Computation oftime and extension oftime, reads: (a) In computing any period oftime prescribed orallowed bythis subpart, the date ofthe act, event, default, notice ororderafterwhich the designated period oftime beginsto run is notto be included in the computation. The last day oftheperiod so computed is to be included unless it is a Saturday, Sunday, or legal holiday forthe FAA, in which eventthe periodruns untilthe endofthe next daywhich is neither a Saturday, Sundaynor a legal holiday.

210. Assuming, arguendo, Trans North Aviation's Request for Hearing is considered untimely, untimely request for a hearing will be excused for good cause shown (Inthe Matter ofRyan International, FAA Order No. 2002-2, citing In the Matter ofLarsen, FAA OrderNo. 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 opportunityto be heard before an administrative lawjudge.
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 oftime 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 (847) 809-9520 (815) 356-7042 (FAX) Respectfully submitted,

# ~ Attorney for Respondent Trans NorthAviatiol}, LTD

(b) Upon written request filed with the HearingDocketand served upon all parties, and for good cause shown, a Hearing Officer may grant an extension oftime to file any documents specified in this subpart.

3CERTIFICATE 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-Suite2W1000 FAJ(: 202-493-5142 ONE COPY Jeanette Daubaras, Complainant's Counsel Great Lakes Region, AGL-7M Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60018-4696 FAJ(: 847-294-7498

Datedthis 2nd day ofApril, 2013.

# ~'----- Attorney for Respondent

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