SERVED March 26, 2013 

# RECEI\lED
U.S. DEPARTMENT OF TRANSPORTATION 

## MAR 2 7ZU13 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 ofthe Order denyingthe FAA Motion in that it is based on a misunderstanding ofthe underlying facts supporting the denial ofthe motion and in support thereofstates as follows.
1. On January 1S, 2013, The FAA sent a Final Notice of Proposed Civil Penalty (FNOPCP) to Mr. Ronald J. Schaberg, President ofTrans 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 ofthe Final Notice you must elect eitherto submit the full civil penaltyor request aformal hearing. Ifyou fail to respond, an Order Assessing Civil Penalty, will be issued. 3. No response to the FNOPCP orderwas received bythe FAA after 15 days. 4. On February 19. 2013, The FAA received a copy ofthe Request for Hearingtothe Hearing Docket Clerk. An Affidavit by Mr. Schaberg states in shortthat he did not receive the FNOPCP until February 2, 2013. Shaberg stated that he was out oftown 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 tothe Hearing Docket that the late filed request for hearing byTrans North be denied and provided USPS Track & Confirm information statingthat noticewas left attheTrans North address inJanuary 17,2013 (See Exhibit No. la). 6. On March 8, 2013, the FAA received Trans North's replytothe 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 aweek 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 fortheJanuary 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 thatwas sent was never returned tothe FAA and delivery may be assumed. 7. On March 15, 2013 the FAA replied providingthe Return Receipt forthe FNOPCP issued on January 15, 2013, signed by Ms. Beyersdorf (Exhibit No.2). 8. On March 20, 2013, the Order Denying Complainant's Motionto Deny the Late Filed Request for Hearingwas issued relying on the representation that no return receipt was ever produced howeverthe FAA had Faxed the March 15, 2013, response with the copy ofthe return receipt attached as Exhibt B. The FAA is providingthe copy ofthe Fax sheet which indicated that the March 15, 2013 Fax was received bythe 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 ofthe copy of the Return Receipt provided in the FAA's March 151h Facsimile orthe regular mail for the response 10.Attached to this Request for consideration is exhibit la. and lb.which is the Post Office's tracking ofthe 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 ofthe Certified Receipt received in the office ofthe FAA on February 4, 2013.12. Group Exhibit 3 is a copy ofthe first Request for Hearing and the FAA:s Response. Group Exhibit 4 is the Violator's Response tothe FAA's Request for Denial and assertionthat 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 ofthe Return Receipt. Respectfully Submitted,

# ~~'!.,J(J~

Jeanette B. 

### DaubarasEsq. FederalAviationAdministration Office ofthe RegionalCounsel, GreatLakesRegion 2300EastDevonAve. Des Plaines,illinois 60018

### CERTIFICATE OF SERVICE

Ihereby certify thatIhave, 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:

RegularMail
One Copy:

Dated this 261 h 

### day ofMarch, 2013 Hearing Docket Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilbert WrightBuilding Suite 2W1000 Facsimile: (202) 493-5142

Charles R. Barnett, III Attorney at Law Lake inthe Hills Airport (3CK) 8411 Pyott Road, Suite 110 Lake inthe Hills, IL 60156-9704 Facsimile: (815) 356-7042

Mr. Ronald 

### J. Schaberg President Trans NorthAviation LTD Eagle River Airport POBox 1445 Eagle River, WI 54521

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# flf{t;KdtL

Y anda Quiles L1 

### al Technician FAA, Great Lakes Region