MICHAEL L. DWORKIN#64047 MICHAEL L. DWORKIN and ASSOCIATES 465 California Street, Suite 210 San Francisco, California 94104 Telephone: (415) 421-02500 Facsimile: (415) 421-2560 Email: law@avialex.com Attorneys for TANGO AIR, INC., d/b/a SCHUBACH AVIATION

In the Matter of: UNITED STATES OFAMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. FAA Case No. 2015WP090037 FDMS No. unassigned ":j ,.,

TANGO AIR, INC. ANSWER TO COMPLAINT d/b/a SCHUBACH AVIATION Judge: Unassigned

TANGO AIR, INC., d/b/a SCHUBACH AVIATION (hereinafter "TANGO"), by and through its undersigned counsel, hereby files its Answer to Complaint, pursuantto Rule 13.209 of the Rules ofPractice, (14 CFR § 13.209), and states as follows:
I.
TANGO admits that itwas advised through a Notice ofProposed Civil Penalty, dated March 20,2015, andby Final Notice ofProposed Civil Penalty, dated January 28, 2016, that theFederal Aviation Administration ("FAA") proposedto assess a civil penalty inthe amount of $47,000, and avers that on February 1, 2016, TANGO submitted atimely writtenrequest for a hearing. Except as expressly admitted above, TANGO denies each and every, all and singular, allegations containedtherein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively. 

### II. 1. Answering Paragraph ILl., TANGO admits that it is now, and all times mentioned herein was the holder ofAir Carrier CertificateNo. LOMA488T, authorized to conduct ondemand air carrier service under Part 135 ofthe Federal Aviation Regulations ("FAR"). Except
as expressly admitted above, TANGO denies each and every, all and singular, allegations containedtherein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively.
2. Answering ParagraphII.2., TANGO admits that on or about December 2, 2014, it operatedN547TW, a Cessna 525, on an FARPart 135 passenger carrying flight which landed at PalomarAirport, Carlsbad, California at approximately 10:12 p.m. localtime. Except as expressly admitted above, TANGO denies each and every, all and singular, allegations contained therein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively.
3. Answering ParagraphII.3., TANGO admits that incidentto said flight, N547TW's PIC, former ChiefPilot James Panknin, remained on duty until approximately 10:30 p.m., local time. Except as expressly admitted above, TANGO denies each and every, all and singular, allegations FAA Case No. 2015WP090037 ANSWER TO COMPLAINT 2containedtherein, and each and everypartthereof, both generally and specifically, conjunctively and disjunctively.
4. Answering ParagraphII.4., TANGO admits that its former ChiefPilot Pankninreported for duty on December 3, 2014 at approximately 7:30a.m. local time. Except as expressly admitted above, TANGO denies each and every, all and singular, allegations contained therein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively.
5. Answering Paragraph II.5., TANGO admits that on or about December 3, 2014, at approximately 8:14a.m., its former ChiefPilot Panknin departed Palomar, California for Concord, California as PIC ofCessna 525B, N329BH on a passenger carrying FAR 135 flight and landed at Buchanan Field, Concord, California at approximately 9:28 a.m. local time. Except
as expressly admitted above, TANGO denies each and every, all and singular, allegations containedtherein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively.
6. Answering Paragraph II.6., TANGO admits thatits former ChiefPilotPanknin did not have at least 10 consecutive hours ofrest during the 24-hourperiod thatprecededthe planned completiontime ofthe December 3, 2014 flight. Except as expressly admitted above, TANGO denies each and every, all and singular, allegations contained therein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively. TANGO avers that (i) its former ChiefPilotPanknin, unbeknownst to TANGO, deviated not only from the requirements ofapplicable FAR's, but also TANGO's applicable requirements, policies and procedures; (ii) had Panknin advised TANGO ofthe fact thathe was not going to have at least 10

FAA Case No. 2015WP090037 ANSWER TO COMPLAINT 3consecutive hours ofrest during the 24-hour period that preceded the planned completion time of the December 3 flight, TANGO wouldhave either assigned another PIC or wouldhave delayed the flight so as to have ensured that PIC Pankninwould have received 10 consecutive hours of rest; and (iii) whenthis was brought to TANGO's attention, it dealt severely withPanknin.
7. Answering Paragraph II.7., TANGO admits its Aircraft FlightLogs and Pilot Duty Logs
are required to be kept, made or usedto show compliance with FARPart 135 requirements. Except as expressly admitted above, TANGO denies each and every, all and singular, allegations containedtherein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively.
8. Answering ParagraphII.8., TANGO admits that former ChiefPilot Panknin certified thatpilotDavid Sparks had completed Initial NewHire Training. Except as expressly admitted above, TANGO denies each and every, all and singular, allegations containedtherein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively.
9. Answering Paragraph II.9., TANGO admits that former ChiefPilotPanknincertified thatpilot David Sparks had completed Emergency Ground Training. Except as expressly admitted above, TANGO denies each and every, all and singular, allegations contained therein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively.
10. Answering ParagraphILl0, TANGO denies each and every, all and singular, allegations contained therein, and eachand every partthereof, both generally and specifically, conjunctively and disjunctively.

FAA Case No. 2015WP090037 ANSWER TO COMPLAINT 411. Answering ParagraphII.!!, TANGO denies each and every, all and singular, allegations containedtherein, and each and everypartthereof, both generally and specifically, conjunctively and disjunctively.
12. Answering ParagraphII.12., TANGO admits that onor about December 21,2014, it operated N258MS, a Hawker HS-125, on anFARPart 135 passenger carrying flight with Kenny Shepherd as PIC and David Sparks as SIC, departing PalomarAirport for Vail, Colorado, at approximately 10:34 a.m. local time and returning to Palomar at approximately 5:28p.m. local time. Except as expressly admitted above, TANGO denies each and every, all and singular, allegations contained therein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively.
13. Answering Paragraph II.l3., TANGO denies each and every, all and singular, allegations containedtherein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively.
14. Answering ParagraphII.14., TANGO admits that no entry was made inN258MS's maintenance log concerning an allegedly inoperative EFD switch. Except as expressly admitted above, TANGO denies each and every, all and singular, allegations containedtherein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively.
15. Answering ParagraphII.15., TANGO admits that it operated N258MS on FAR Part 135 passenger-carrying flights onNovember 25, December 19 andDecember 22,2014. Except
as expressly admitted above, TANGO denies each and every, all and singular, allegations containedtherein, and each and every partthereof, both generally and specifically, conjunctively FAA Case No. 2015WP090037 ANSWER TO COMPLAINT 5and disjunctively.
16. Answering Paragraph II.16., TANGO denies each and every, all and singular, allegations contained therein, and each and everypartthereof, both generally and specifically, conjunctively and disjunctively.
17. Answering ParagraphII.17., TANGO denies each and every, all and singular, allegations contained therein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively.
18. Answering Paragraph ILlS., TANGO avers that the provisions ofits General Operations Manual ("GOM") speakfor themselves. Answering the remainder ofParagraph I.18., TANGO denies each and every, all and singular, allegations contained therein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively.
19. Answering Paragraph II.l9., TANGO avers that the provisions ofits General Operations Manual ("GOM") speak for themselves. Tango admits that Mike Dawson, at the times alleged in the Complaintwas not TANGO's Director ofOperations, ChiefPilot or Director ofMaintenance. Answering the remainder ofParagraphI.l9., TANGO denies eachand every, all and singular, allegations containedtherein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively.
20. Answering the remainder ofSection II. ofthe Complaint, TANGO denies each and every, all and singular, allegations containedtherein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively and specifically denies thatits actions
were careless or reckless so as to endanger the lives orproperty ofothers. FAA Case No. 2015WP090037 ANSWER TO COMPLAINT 6III.
1. Answering Paragraph III.!., Subparagraphs a throughj, inclusive, TANGO denies each and every, all and singular, allegations containedtherein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively, and specifically denies that it violated 14 C.P.R. Sees. 135.267(d), 135.263, 135.323(a)(l), 135.33l(c), 135.95(b), 135.65(b), 119.5(1), 119.69(3)(2), 135.77, 91.134(a) or any other provision ofthe FAR's or any applicable law orregulation.
2. Answering Paragraph III.2., TANGO avers thatthe provisions of49 U.S.C. Sec. 46301(a)(l) speak for themselves. Except as otherwise admitted or averredto, TANGO denies each and every, all and singular, allegations containedtherein, and each and every part thereof, both generally and specifically, conjunctively and disjunctively.
3. Answering Paragraph III.3., TANGO denies each and every, all and singular, allegations containedtherein, and each and every partthereof, both generally and specifically, conjunctively and disjunctively. AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE As and for a separate and distinct defense, TANGO alleges: I. The sanction soughtby Complainant is unwarranted by the facts, safety in commerce and the public interest and is not only excessive, but, far exceeds policy, precedent and Complainant's
own Sanction Guidance Table. FAA Case No. 2015WP090037 ANSWER TO COMPLAINT 7SECOND AFFIRMATIVE DEFENSE As and for a separate distinct defense, TANGO alleges: I. The Complainant's case, is unwarranted and withoutbasis orjurisdictionin law or fact.

THIRD AFFIRMATIVE DEFENSE As and for a separate distinct defense, TANGO alleges: I. The acts complained of, including butnot limitedto the alleged actions ofTango Air's former ChiefPilot James Panknin, as alleged in Paragraphs II.2-ll and alleged actions ofPIC Kenny Shepherd as alleged inParagraphs II.l2-14 were contrary to TANGO's policies, procedures and manuals, contrary to the training and guidance that TANGO's employees were provided and unbeknownst to TANGO until after such alleged acts had occurred and are inno way indicative ofTANGO's regulatory compliance disposition. II. TANGO, in response to the actions offormer ChiefPilot James Panknin, as alleged in Paragraphs II..2-ll, dealt withMr. Panknin severely, immediately suspending him from his ChiefPilot position, pending TANGO's full investigation and thenterminating his employment. III. TANGO, inresponse to the alleged acts setforth in Paragraphs II. 12.-14. issued guidance to its flight crews and maintenance personnel reiterating and clarifying long-standing Company policy that all maintenance or airworthiness discrepancies need to be recorded and FAA Case No. 2015WP090037 ANSWERTO COMPLAINT 8

### cleared, or otherwise properly deferred, prior to further operations. IV. Moreover, TANGO in an immediate response to the matters giving rise to this case, took
numerous corrective actions, including but not limited to:
a. Revising and updating its GOM; b. Revising and updating its policies, procedures and manuals;
c. Counseling all flight department and operations personnel in the interests of preventing recurrence ofsuch incidents; and d. Providing its personnel with additional training so as to preventrecurrence ofsuch incidents. FOURTHAFFIRMATIVE DEFENSE As and for a separate distinct defense, TANGO alleges: I. 

### To the extent that the Complainanthas relied upon FAA Order 2150.38 in determining the sanctioninthis case: 1. Complainant seeks civil penalties in excess ofthose suggested in said Order's Appendix C, Figure C-1, in further contravention ofsaid Order; 2. Complainanthas further contravened said Order in nottaking into consideration the considerable corrective action that was immediately thereafter talcen by TANGO; and 3. Complainant has failed to consider that TANGO is a small business. IV. FAA Case No. 2015WP090037 ANSWER TO COMPLAINT 9WHEREFORE, it is prayed thatthe Administrative LawJudge not enter an orderthat TANGO be assessed civil penalties in the amount of$47,000 or in any other amount; that the Complaint be dismissed withprejudice; and for such other and further reliefas may be deemed appropriate.

Datedthis 8th day ofFebruary 2016,
MICHAEL L.**DWO~IN** AND ASSQCIATES 1**.~** 

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__ ,---- Michael L. Dworkin Attorneys for TANGOAIR, INC., d/b/a SCHUBACHAVIATION

FAA Case No. 2015WP090037 ANSWER TO COMPLAINT 10CERTIFICATE OF SERVICE The undersigned hereby certifies that onthis 8th day ofFebruary, 2016, a true and correct copy ofthe foregoing ANSWERTO COMPLAINT was served as follows: Federal Aviation Administration Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 800 Independence Avenue SW Washington, DC 20591 (Original plus one copy viaFEDEX)
Robert Spitzer, Esq. Attorney, EnforcementDivision, Western Team Federal Aviation Administration 1601 Lind Avenue, SW Renton, WA 98057 FAX: 1-425-227-1007 (One copy viaFEDEX; one copy via FAX)

Jolina 

### R. Barsanti

FAA Case No. 20l5WP090037 ANSWER TO COMPLAINT ll