SERVED March 26, 2013 

RECEI\lED U.S. DEPARTMENT OF TRANSPORTATION MAR 2 7 ZU13 

OFFICE OF HEARINGS HEARING DOCKET 

WASHINGTON, D.C. 

IN THE MATTER OF 

TRANS NORTH AVIATION, LTD. 

FAA DOCKET NO. *** 

{CIVIL PENALTY ACTION) 

FDMS No. FAA-2013-0046 

FEDERAL AVIATION'S REQUEST FOR RECONSIDERATION OF ORDER DENYING COMPLAINANT'S 

MOTION SERVED MARCH 20, 2013 OR IN THE ALTERNATIVE AN INTERLOCUTORY APPEAL OF 

THE ORDER 

The Federal Aviation Administration, by and through counsel, requests reconsideration of the 

Order denying the FAA Motion in that it is based on a misunderstanding of the underlying 

facts supporting the denial of the motion and in support thereof states as follows. 

1. On January 1S, 2013, The FAA sent a Final Notice of Proposed Civil Penalty (FNOPCP) 

to Mr. Ronald J. Schaberg, President of Trans North Aviation by Certified Mail and 

Regular mail to the address at Eagle River Airport, P.O. Box 1445, provided by a Mr. 

Schaberg. The FNPCP was also sent to Mr. Schaberg's representative, Attorney Charles 

R. Barnett by regular mail to his address at Lake in the Hills, Illinois. 
2. The Final Notice stated that within 15 days after receipt of the Final Notice you must 

elect either to submit the full civil penalty or request a formal hearing. If you fail to 

respond, an Order Assessing Civil Penalty, will be issued. 

3. No response to the FNOPCP order was received by the FAA after 15 days. 

4. On February 19. 2013, The FAA received a copy of the Request for Hearing to the 

Hearing Docket Clerk. An Affidavit by Mr. Schaberg states in short that he did not 

receive the FNOPCP until February 2, 2013. Shaberg stated that he was out of town on 

business from January 27, until February 1, 2013 and that his mail was forwarded to 

his residence in South Carolina. 

5. On February 26, 2013, the FAA filed a Motion to the Hearing Docket that the late filed 

request for hearing by Trans North be denied and provided USPS Track & Confirm 

information stating that notice was left at the Trans North address in January 17, 2013 

(See Exhibit No. la). 

6. On March 8, 2013, the FAA received Trans North's reply to the FAA's Motion to deny 

late filed request for hearing with an affidavit by Karen Beyersdorf attached stating 

that she was the person that was responsible for collecting the mail once a week and 

that she had not signed a return receipt for Domestic mail. The affidavit was clearly 

erroneous because the FAA had received the return receipt for the January 15, 2013 

FNOPCP and while Ms. Beyersdorf did not date her signature on the return receipt it 

was received by the FAA on February 4, 2013 (Exhibit no.2). The regular mail that was 

sent was never returned to the FAA and delivery may be assumed. 

7. On March 15, 2013 the FAA replied providing the Return Receipt for the FNOPCP 

issued on January 15, 2013, signed by Ms. Beyersdorf (Exhibit No.2). 

8. On March 20, 2013, the Order Denying Complainant's Motion to Deny the Late Filed 

Request for Hearing was issued relying on the representation that no return receipt 

was ever produced however the FAA had Faxed the March 15, 2013, response with the 

copy of the return receipt attached as Exhibt B. The FAA is providing the copy of the 

Fax sheet which indicated that the March 15, 2013 Fax was received by the Docket 

Clerk (See Group Exhibit 4 pg. 13). However, the Docket Clerk or whoever receives the 

facsimiles denied ever receiving the March 15, 2013 facsimile. 

9. It appears that the Order on March 20, 2013 was issued without benefit of the copy of 

the Return Receipt provided in the FAA's March 151

h Facsimile or the regular mail for 

the response 

10. Attached to this Request for consideration is exhibit la. and lb. which is the Post 

Office's tracking of the January 15 FNOPCP showing notice given on January 17 and 

Delivery on January 23, 2013 at 1:46 p.m. 

11. Exibit 2a which is a signed copy of the Certified Receipt received in the office of the 

FAA on February 4, 2013. 
12. Group Exhibit 3 is a copy of the first Request for Hearing and the FAA:s Response. 

Group Exhibit 4 is the Violator's Response to the FAA's Request for Denial and 

assertion that the FAA had no Return Receipt and therefore could not prove that the 

Violator had received the FNOPCP and the FAA's response and copy of the Return 

Receipt. 

Respectfully Submitted, 

~~'!.,J(J~ 

Jeanette B. Daubaras Esq. 

Federal Aviation Administration 

Office of the Regional Counsel, Great Lakes Region 

2300 East Devon Ave. 

Des Plaines, illinois 60018 
CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing by mailing the following copies 

Regular, and Facsimile as follows: 

Overnight and Regular Mail 

Original and I Copy: 

Regular Mail 

One Copy: 

Regular Mail 

One Copy: 

Dated this 261

h day of March, 2013 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilbert Wright Building 

Suite 2W1000 

Facsimile: (202) 493-5142 

Charles R. Barnett, III 

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 

'--~~! flf{t;KdtL 

Y anda Quiles 

L1 al Technician 

FAA, Great Lakes Region